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HomeMy WebLinkAbout97-63RESOLUTION NO. 97-63 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 (97-02), AND APPROVAL OF THE SHELL GAS STATION AND JACK-IN- THE-BOX JOINT DEVELOPMENT PROJECT 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 buildout of the Airport Industrial Park (ALP); and 2. PMB Development Company has applied for an amendment to the AlP Planned Development Ordinance to allow a drive-thru restaurant project on a parcel designated as Highway Commercial, and a site development permit to allow the construction and operation of a Jack-in-the-Box restaurant and Shell gas station/mini-mart/car wash located on the Highway Commercial designated property within the Airport Industrial Park; and AlP; and The EIR identified significant environmental impacts resulting from buildout of the 4. The City Council certified the EIR and has approved previous AlP Planned Development ordinance amendments and development projects; and 5. The City Council may subsequently choose to approve the proposed amendments to the AlP Planned Development ordinance, and the associated development project proposed by PMB Development Company; 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; and 7. 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; 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 resulting from the eventual buildout and completion of the Airport Industrial Park. Those impacts, both individual and cumulative, along with recommended mitigation measures were summarized in Resolution 96-23, adopted for 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 EIR are reached. In this way, full mitigation will be achieved as development occurs and is phased over time within the AlP. 6. The current amendment to the AlP Planned Development ordinance, which proposes to delete the prohibition of drive-thru restaurants on the Highway Designated Commercial parcel(s) does not change the assumptions, analysis, or conclusions contained in the certified EIR, because an independent traffic analysis prepared for the subject project confirms that its projected traffic would not result in impacts beyond those already addressed in the established mitigation program, and because the amount of building coverage and development intensity is consistent with that assumed for the parcel. 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: The currently proposed amendments would not produce environmental effects not examined in the certified Program EIR. The currently proposed amendments would not require new mitigation measures not included in the certified Program EIR. 8. To support the conclusion articulated in item No. 7 above, the following environmental analysis is provided in Items No. 9 through 19. 9. Geology. The EIR geotechnical consultants determined that there were no significant geotechnical constraints on the site. Site soils may be subject to expansion and/or some settlement. It will be necessary to upgrade soils or construct proper foundations to ensure the future buildings are not damaged by settlement. All necessary fill materials and activities must be propedy engineered to ensure the long-term integrity of future improvements. Site grading and trenching will result in bared soils. The surface soils and poorly consolidated terrace soils will be prone to erosion. This is a potentially significant impact since eroded soils can adversely affect water quality and the aquatic habitat. 2 Geology Mitigations: The EIR recommends that all future development projects within the Airport Industrial park, such as the PMB Development Company proposal, be required to have a complete geotechnical investigation, and the applicants secure a General Construction Activity Permit from the Regional Water Quality Control Board, if necessary. Geology Finding: The mitigation measures are reasonable and feasible, and the City finds that their implementation will avoid or reduce to acceptable levels the geological impacts resulting from the project. These measures will become conditions of project approval and will be monitored during the grading and building permit process as well as during the construction phases of the project. 10. Hydrology and Drainage. Development of the PMB Development Company building and other site improvements will increase runoff from the site. However, the existing culverts draining the site can handle the increased flows. No significant impacts identified. Surface water runoff from the proposed project, like all commercial and industrial development, will generate minor concentrations of a number of pollutants, including oil, grease, nutrients from fertilizers, and heavy metals from roadway pavements. Hydrology/Drainage Mitigations: The project will not result in significant drainage related impacts. However, mitigations measures are recommended to resolve the minor drainage issues discussed above. These measures include, requiring developers to prepare Storm Water Pollution Prevention Plans and obtain General Construction Activity Permits from the Regional Water Quality Control Board, if necessary; and to share in the funding and construction of ditch stabilization measures on the ditch east of the 36-inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. Hydrology/Drainage Findings: The mitigation measures are reasonable and feasible, except for sharing in the funding and construction of ditch stabilization measures on the ditch east of the 36-inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. The City finds that implementation of the remaining mitigation measures as conditions of project approval will avoid or reduce to acceptable levels the Hydrology/drainage impacts resulting from the construction of the project. These measures will become conditions of project approval and will be monitored during the grading and building permit process as well as during the construction phases of the project. The City finds that the recommended mitigation measures concerning ditch stabilization measures on privately-owned property agricultural property east of the freeway and outside the City Limits are not the responsibility of the applicants and are not feasible, since the applicant has no reasonable ability to enter upon private land to put improvements in place. 11. Biotic Environment: The PMB Development Company parcel has been extensively disturbed and filled in the past. No rare or endangered plant or animal species have been observed on the site, and past grading of the site has degraded its value as wildlife habitat. No significant impacts identified. Biotic Mitigations: No mitigation measures recommended. 3 Biotic Environment Findings: Based on the analysis and information contained in the EIR, the City Council finds that the PMB Development Company project will not have significant adverse impacts on the Biotic Environment of the project site. 12. Air Quality: The impact of a proposed action is judged to be significant based upon a criteria for significance. The legal criteria used for determining whether or not the indirect emissions generated by automobiles attracted to the Jack-in-the-Box restaurant and Shell gas station/mini-mart/car wash projects are the State and Federal Ambient air quality standards. These facilities will attract automobiles that will generate small amounts of air pollutants. There is no evidence that generation of these pollutants will result in regional air quality exceeding State or Federal air quality standards. Because the project will not result in State or Federal air quality standards being exceeded and because the Mendocino County Air Quality Management District does not have any formally adopted thresholds of significance for projects that generate indirect emissions, there is no basis to conclude that the project will result in significant adverse impacts to local air quality. Air Quality Mitigations: Although no significant air quality impacts would result from the project, a number of mitigation measures are recommended to avoid temporary dust and particulate impacts during grading, and to decrease vehicle emissions associated with the project. These measures include the following: All exposed or disturbed soil shall be regularly watered to avoid the transportation of dust. bo Every attempt shall be made to keep all construction areas swept and clear of mud and debris. Bicycle parking facilities shall be installed at the project site prior to final inspection and the grant of occupancy. The applicants shall participate in a Transportation Management Association when it is formed. Air Quality Findings: For the reason stated above, as well as the technical information contained in the EIR, the project will not have a significant adverse effect on any State or Federal air quality standard, and is, therefore, presumed under CEQA Guideline 15064(i) to have no significant adverse impact on air quality. However, the City Council finds that the project will contribute to the cumulative formative of ozone and short-term particulate matter in the Ukiah Valley. While the City Council finds further that this cumulative contribution or both ozone and particulate matter is speculative and cannot feasibly be quantified with any degree of accuracy, measures should be taken to limit and reduce the amount of these air pollutants resulting from the projects. Therefore, the City Council finds that the recommended mitigation measures designed to avoid or lessen dust and particulate matter, as well as vehicle emissions are reasonable and feasible. These measures will become conditions of project approval and will be monitored during the grading and building permit process as well as during the construction phases of the project. 4 13. Visual Quality: Development of the PMB Development Company project will replace views of an open field with 3 small structures. The highway commercial type buildings will be one-story and will have similar architectural features as the near-by Wal-Mart store to the south, and will be situated on a parcel(s) designated for highway commercial type development. While it is not anticipated that the proposed developments would have a significant adverse impact on the visual quality, a number of mitigation measures are suggested to further soften the appearance of the structures. following: Visual Quality Mitigations: Recommended mitigation measures include the Prior to the issuance of a building permit, a final landscaping plan for the project shall be submitted to the Planning Director for review and approval. Prior to the issuance of a building permit, joint or separate lighting plans shall be submitted to the City Planning Department for review and approval. Exterior lighting associated with the project shall include shielded, non-glare types of lights. Sign lighting shall be kept to an absolute minimum. Visual Quality Findings: Impacts to viewsheds and visual quality are highly subjective and difficult to quantify. While no health risks are involved, significant adverse impacts to visual quality can erode the local quality of life. The City Council finds that the PMB Development Company project could have impacts on the visual quality of the project site. The City Council finds further that the suggested mitigation measures contained in the EIR are reasonable and feasible, and will adequately soften potential visual impacts to an acceptable level. The adopted mitigation measures will become conditions of project approval and will be monitored during the building permit process as well as during the construction phases of the project. 14. Noise: Project traffic will increase noise levels in the surrounding area less than one decibel. This amount is considered imperceptible and is not a significant impact. Noise Mitigations: Even though the project would not produce significantly adverse amounts of noise, the following mitigation measures are recommended to limit or reduce short-term noise impacts: Construction activities shall be limited to 7:00 am to 5:00 pm on weekdays and 8:00 am to 5:00 pm on Saturdays. b. Construction equipment shall be properly muffled and maintained. Noise Findings: The City finds that all the mitigation measures are reasonable and feasible, and that their implementation will avoid or reduce noise impacts to an acceptable levels. The adopted mitigation measures will become conditions of project approval and will be monitored during the building permit process as well as during the construction phases of the project. 5 15. Public Services: Development of the PMB Development Company project will not have significant adverse impacts on public services. Water is available to serve the project, and there is sewer capacity to handle the amount of wastewater the project would generate. While the EIR indicates that project could potentially have an impact on City police and fire services, it concludes that the City must determine if this potential impact would be significant. With the payment of adopted developer mitigation fees to the Ukiah Unified School District, it will not impact local school facilities. Public Service Mitigations: Even though the project will not have significant adverse impacts on public services, the following mitigation measures are intended to avoid or eliminate impacts of the proposal: All development shall be constructed according to the requirements of the City Fire Department, including, but not limited to the design and installation of a fire sprinkler system. The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, urinals, and faucets. The PMB Development Company project shall pay the required sewer/water connection fees at the time of application for service. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. Prior to the issuance of a building permit, PMB Development Company or the actual applicant for the building permit shall pay the required Ukiah School District fees applicable to industrial development. Public Service Findings: The City finds that all the mitigation measures are reasonable and feasible, and will adequately avoid or reduce impacts on public services to acceptable levels. The adopted mitigation measures will become conditions of project approval and will be monitored during the building permit process as well as during the construction phases of the project. The City Council finds further that a development impact fee program for police and fire services is not necessary because the anticipated sales and property tax generated from new development within the AlP will substantially assist in the long-term funding of new equipment and personnel. The City Council finds further that the remaining mitigation measures imposed as conditions of project approvals, will avoid or reduce to acceptable levels impacts on City Police and Fire Services. 16. Land Use: The development of the PMB Development Company project is consistent with the City General Plan which designates the site for Highway Commercial uses. Hence, the project is consistent with the assumptions and scope of the EIR in terms of land use. Additionally, the EIR concludes that there will not be a conflict with the Municipal Airport to the west of the site, and that the mitigation measures contained in other impact categories will successfully off-set potential conflicts and impacts to land use. Land Use Mitigations: No mitigations required. Land Use Findings: Based on the analysis and information contained in the EIR, the City Council finds that the project will not have significant adverse impacts on land use. 17. Traffic and Circulation: The EIR assumed a 5,000 square foot restaurant on the pamel, and the project involves dividing the parcel in two, and constructing a 2,600 square foot Jack-in-the-Box restaurant, and a 2,450 square foot Shell gas station with a mini-mart and car wash. Accordingly, staff determined that an analysis should be conducted comparing the traffic generated by the proposed project to that which was assumed in the certified EIR. The analysis revealed that the proposed project would generate approximately 150 more p.m. peak hour vehicle trips than the 5,000 square foot restaurant. This is due to the high trip generate rate for the drive-thru Jack-in-the-box restaurant and auto dominated gas station/mini- mart/car wash uses. The next step in the analysis involved plugging the higher number of trips into the buildout equation. W-Trans, a professional traffic engineering firm performed this task (see report dated February 7, 1997), and found that there would not be additional mitigation measures necessary to accommodate the proposed project, beyond those that are required for buildout pursuant to the previous land use assumptions. Traffic and Circulation Mitigations: The project proponents will be required to participate in a Off-Site Capital Improvement Program to contribute their fair share to the necessary traffic related improvements resulting from buildout of the RBP. Traffic and Circulation Findings: The City finds that the mitigation measure is reasonable and feasible, and will adequately avoid or reduce cumulative traffic impacts associated with the PMB Development Company project. 18. Project Alternatives: The EIR discusses alternatives to the buildout of the Airport Industrial Park with the assumed mix and intensity of land uses, but does not specifically discuss alternatives to the PMB Development Company project because it was not proposed at the time of EIR preparation. However, should the existing PMB Development Company proposal be unsatisfactory to the decision-makers, due to policy or community compatibility issues rather than environmental impacts, the City Council could craft specific findings and disapprove the project. Another alternative to consider is a decreased building intensity or size. However, this alternative is infeasible because the PMB Development Company project has already been reduced in size and scope in response to concerns expressed by the City Planning Commission, and further reductions in size and intensity could render the project infeasible. 19. Conclusions: The City Council is able to conclude that the project is within the scope of the EIR, because it is in substantial conformance with the type and intensity of development assumed for the parcel. All applicable measures designed to avoid or substantially lessen the significant environmental impacts contained in the certified EIR have been imposed on the PMB Development Company Site Development Permit application No. 97-03. 7 In terms of traffic, it has been determined that while the proposed development project would generate more p.m. peak hour traffic than assumed for the parcel in the certified EIR, it would not be enough to require new and additional mitigation measures. Therefore, it has been determined that the project is in substantial conformance with the scope, findings, and conclusions contained in the traffic section of the certified "Program" EIR. PASSED AND ADOPTED this 19th day of March, 1997, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Mayor Malone NOES: Councilmember Kelly ABSENT: Councilmember Mastin ABSTAIN: None ATTEST: n B. Henderson, City Clerk 'bneridan Malone, May,~