HomeMy WebLinkAbout96-58RESOLUTION NO. 96-58
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 RELYING
ON THE PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT PREPARED FOR BUILDOUT OF THE AIRPORT INDUSTRIAL PARK (ALP)
IN CONJUNCTION WITH AMENDMENTS TO THE AlP PLANNED DEVELOPMENT
ORDINANCE
WHEREAS:
1. The City of Ukiah, as Lead Agency, has prepared a Subsequent Environmental
Impact Report ("EIR"), consisting of a Draft Subsequent Environmental Impact Report, dated
March, 1995 ("DEIR"), and a Final Subsequent Environmental Impact Report, dated July, 1995
("FEIR"), for the previously proposed and adopted Airport Industrial Park (ALP) Planned
Development Ordinance Amendments and buildout of the AlP; and
2. The EIR identified significant environmental impacts of the projects; and
3. Public Resources Code Section 21081 and CEQA Guidelines Section 15091
provide that the City shall not approve or carry out a project for which an EIR has been
completed which identifies one or more significant environmental impacts, unless it makes
specified findings; and
4. The City Council certified the EIR and approved the previous AlP Planned
Development ordinance amendments on October 18, 1995; and
5. The City Council may subsequently choose to approve additional amendments to
the AlP Planned Development ordinance; and
6. The certified EIR for the buildout of the AlP is considered a "programmatic" EIR
prepared for a series of actions characterized as one large project referred to as buildout of the
AlP,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as
follows:
1. The programmatic EIR was prepared and made available for public review and
comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines.
2. The programmatic EIR was considered by both the Planning Commission and City
Council at noticed public hearings on August 9, 1995 and August 16, 1995, respectively, which
were conducted in full compliance with all legal requirements.
3. The City Council has considered all documents submitted for consideration prior
to or during the hearings it conducted and all testimony presented during the hearings as well
as the EIR, the Staff Report, dated July 28, 1995, the recommendation of the Planning
Commission, and the Staff Report, dated August 11, 1995. The Staff Reports are incorporated
herein by reference. It has also independently reviewed and considered this resolution.
4. The programmatic EIR evaluated the impacts of the projects themselves as well
as their impacts in combination with impacts from past, present, and probable future projects,
including impacts from the eventual buildout and completion of the Airport Industrial Park both
as presently approved and with possible future amendments to the Planned Development
Ordinance. Those impacts, both individual and cumulative, along with recommended mitigation
measures and suggested conditions of approval, were summarized in resolution 96-23, adopted
for the previously approved amendments to the AlP Planned Development ordinance and
certification of the EIR on October 18, 1995, and incorporated herein by reference.
5. Measures designed to avoid or substantially lessen significant effects of future
development projects within the Airport Industrial Park will be imposed on projects as buildout
occurs and the significance thresholds identified in the Ell=, are reached. In this way, full
mitigation will be achieved as development occurs and is phased over time within the AlP.
6. The currently proposed amendments to the AlP ordinance are minor in nature and
do not change the building intensity or density of development, nor do they change the
assumptions, analysis, or conclusions contained in the certified EIR.
7. The currently proposed amendments to the AlP have been examined in light of
the Program EIR, and it has been determined that the project is within the scope of the Program
EIR, and no additional environmental document must be prepared for the following reasons:
a.
The currently proposed amendments would not produce environmental effects not
examined in the certified Program EIR.
bo
The currently proposed amendments would not require new mitigation measures
not included in the certified Program EIR.
C.
The currently proposed amendment project does not involve site specific
operations or development.
d,
The proposed amendment that would allow retail commercial land uses on the
property designated as Highway Oriented Commercial would not be inconsistent
with the certified Program EIR, because even though the EIR assumed a large
restaurant for this property, it also assumed more overall retail commercial within
the AlP than the proposed ordinance allows or permits. The amendment would
simply relocate a portion of the EIR assumed retail commercial opportunity from
south of the Friedman Brothers site to the small parcel north of WalMart. In terms
of circulation, staff is able to conclude, based upon discussions with the City
Engineer, that this change would not introduce new impacts not evaluated in the
certified EIR.
PASSED AND ADOPTED this 1st day of May, 1996 by the following roll call vote:
AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter
NOES:
ABSENT: Councilmember H~stin.
ABSIAIN:
ATTEST:
~idan Malone, City Clerk P~~empore
Fred Schneiter, Mayor