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HomeMy WebLinkAbout93-19 RESOLUTION NO. 93-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKI/%H APPROVING SITE DEVELOPMENT PERMIT APPLICATION NO. 90-8? WHEREAS; 1. The City Council has adopted a resolution making findings pursuant to the California Environmental Quality Act ("CEQA") in connection with its introduction of an ordinance amending the Airport Industrial Park Planned Development ("AIP-PD") and its approval of Site Development Permit Application No. 90-87 ("CEQA findings"); and 2. The City Council's CEQA findings determined that the Site Development Plan presented to the City Engineer on February 19, 1992 ("Site plan") and the conditions of approval attached hereto as Exhibit A and incorporated herein by reference would avoid or substantially reduce all significant environmental impacts of the zoning change and above-referenced permits~ NOW, THEREFORE, BE IT RESOLVED as follows: 1. For the reasons stated in the CEQA findings, the City Council finds as follows: a. the size, location and intensity of the proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern; b. the accessibility of off-street parking areas will not create a hazardous or inconvenient condition to adjacent or surrounding uses; c. sufficient landscaped areas have been reserved~ s:\u\d~s\wa[~rt.sdp i d. the proposed development will not restrict or cut out light or air on adjacent property and will not adversely impact other uses in the neighborhood; e. there is no residential neighborhood adjacent to the project and, therefore, the project is not substantially detrimental to the character or value of such a neighborhood and sufficient mitigations have been adopted to avoid detriment to the character or value of the residential neighborhood north of the project; f. the project will not excessively damage or destroy natural features and the natural grade of the site; and g. there is sufficient variety to the design of the structure and grounds to avoid monotony in the external appearance. 2. Based on the foregoing findings the city Council hereby approves Site Development Permit Application No. 90-87 subject to the following conditions: a. This approval shall become effective only upon the adoption of Ordinance No. 92-9, approving amendments to the AIP-PD, and only after said ordinance becomes effective as provided by law. b. Approval of Site Development Permit Application No. 90-87 is subject to the Conditions of Approval 1-36 contained in Exhibit A, attached hereto, which constitute binding legal obligations of the applicant. PASSED AND ADOPTED on August 14, 1992, by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenberger and Mayor Schneiter s:\ u\dcos\wa~mmt.sdp 2 NOES: ABSENT: Councilmember Shoemaker None ATTEST: /) s:\u\dc~s\walmmtsdp 3 EXHIBIT "A" CONDITIONS OF APPROVAL WAL-MART STORE SITE DEVELOPMENT PERMIT NO. 90-87 TRAFFIC TRAFFIC TRAFFIC TRAFFIC mob, o The applicants shall design and install an eight phase traffic signal at the intersection of Talmage Road and Airport Park Boulevard prior to the opening of the Wal-Mart Store. This signal shall be sized, constructed, and phased to accommodate through traffic and left turn movements. The City of Ukiah shall contribute 50% of the total cost of this improvement, and the applicant(s) shall contribute 50%, consistent with a previously negotiated agreement related to the Redwood Business Park Subdivision. The applicants shall design and widen Talmage Road on the north side, between the existing southbound off-ramp and the railroad tracks, to 64 feet to accommodate an additional westbound through lane. This widening project shall also include curbs, gutters, sidewalks, a two-inch (2") AC overlay over the existing pavement, and a 220-foot-long left turn pocket at Talmage Road's intersection with Airport Park Boulevard. The City of Ukiah shall contribute 50% of the total cost of this improvement, and the applicant(s) shall contribute 50%, and the entire project shall be completed prior to the Wal-Mart Store opening. To the maximum extent possible the mature oak trees on Talmage Road shall be preserved. Wal-Mart shall be responsible for coordinating with CalTrans and constructing an additional access approach to Talmage Road on the existing Highway 101 south to Talmage Road east exit ramp. Such approach shall form a "T" intersection with Talmage Road on its southern border; shall be stop sign controlled; and shall allow left turn movements to westbound Talmage Road. Wal-Mart may construct an alternate design that accomplishes the same purpose, if approved by CalTrans and the City Engineer. In concert with this access improvement, the existing Highway 101 south to Talmage Road west exit ramp, currently located north of Talmage Road, shall be abandoned. Within three (3) months of the effective date of its Site Development Permit, Wal-Mart shall submit plans to CalTrans in acceptable form. Wal-Mart shall complete construction of the necessary improvements within six (6) months of receiving all necessary permits. A traffic signal at this intersection shall be installed when signal warrants require it. Cost of the signal shall be paid through the adoption of a resolution under Ukiah City Code Section 9543. The western portion of Commerce Drive in the vicinity of the railroad tracks, the segment of Airport Road between its intersection with Commerce Drive and Hastings Avenue, and the entire length of Hastings Avenue between the railroad tracks and South State Street shall be reconstructed, widened to 34 feet, and repaved by the applicants. Stop signs shall be installed at the Commerce Drive/Airport Road intersection. Given that this road linkage is a public street currently in need of maintenance, the City of Ukiah shall contribute 15% of the total cost of the improvements. The remaining 85% of the cost shall be contributed by the applicant(s) since its primary function will become secondary access for the industrial park. This improvement project shall be completed prior to Wal-Mart opening. TRAFFIC TRAFFIC TRAFFIC VISUAL VISUAL VISUAL Automatic warning lights and crossing gates shall be designed and installed by the applicants at the Commerce Drive railroad crossing as soon as practicable after the Wal-Mart opening, and the appropriate applications to Caltrans and the Public Utilities Commission shall be submitted to the City of Ukiah for processing prior to issuing the Wal-Mart Building Permit. Notwithstanding probable Federal Government funding for up to 90% of this improvement, the applicants shall be financially responsible for any and all costs not funded by grants, and the improvement shall be installed as soon after a grant is approved or denied by the PUC or period not to exceed 18 months after the opening of the Wal-Mart Store, or at such time as all required permits and approvals are issued, whichever occurs last. The applicants shall enter agreements with the City to implement this condition prior to adoption of the ordinance No. 929. The improvements required by paragraphs 1 through 4 above shall be designed and constructed in accordance with the City's standards and the requirements of the City Engineer which may include, but shall not be limited to, sufficient bonds and insurance, procurement of all required permits, including encroachment permits for work within the public right of way, and compliance with any applicable laws. Upon computing the cost of improvements for items i - 4 above, the City Engineer may allocate the parties' respective obligations among the projects in any way he deems necessary to promote cost-effective construction of the improvements, provided the total dollar cost to each party does not change. The revised Site Plan submitted to the City of Ukiah on 2/19/92 shall constitute the official and final development proposal, and all improvements to Airport Park Boulevard (north of Commerce Drive and south of Lot A-l-a) and the site's internal circulation system shall be implemented. Ye The Ukiah Redevelopment Agency shall be requested to authorize its Architect to review and approve the exterior design of the Wal-Mart building. The intent of this process is to create a more aesthetic appearance to the structure than that proposed with this Site Develoment Permit application. The Architect's approved design shall include: architectural relief to the walls and facade (to diminish the sterile, box-like appearance), roof detail to provide a more varied elevation, determination of building materials and colors compatible with the palettes proposed for the Industrial Park, and modification to the precise linear exterior building foot print to create changes in the wall surfaces. The structure's building permit application shall reflect this revised design. 8.a. The revised Landscape Plan submitted to the City of Ukiah on 2/19/92 shall constitute the final plan to be implemented. This plan places landscape berms along the street frontage of Airport Park Blvd., places trees, shrubs, and groundcover around the entire site perimeter, places landscaping along and adjacent to the structure's north- and westfacing walls, and places numerous large evergreen trees along the eastfacing boundary adjacent to Highway 101, among other landscape refinements. 8.b. The shade trees provided in the parking lot shall be of sufficient size in trunk diameter, height, and canopy diameter to provide substantial shading VISUAL 9. VISUAL 10. AIRPORT AIRPORT i1. GEOLOGY 12. HYDROLOGY/ 13. DRAINAGE HYDROLOGY/ 14. DRAINAGE AIR QUALITY 15. SHORT TERM AIR QUALITY 16. SHORT TERM AIR QUALITY 17. SHORT TERM AIR QUALITY 18. SHORT TERM AIR QUALITY 19. TRAFFIC AIR QUALITY 20. TRAFFIC of the parking area at the time the store opens to public use. Wal-Mart shall plant one shade tree per four (4) parking spaces, using fifteen (15) gallon trees as the minimum size. Planter islands within which the trees are placed shall be designed to protect the trees from being damaged by vehicles using the parking lot. Signs attached to the building which advertise the store, other than the name "Wal-Mart" at the westfacing entryway and "Auto Center," shall not be permitted and shall not be affixed to the store's exterior wall surfaces or building facade (e.g., "Satisfaction Guaranteed" and "We Sell For Less") . A lighting plan shall be developed and submitted to the City of Ukiah which includes shielded, non-glare types of lights and minimal sign SAFETY lighting in order not to affect night views and airport operations. The lighting plan shall take landscaping into consideration. Building height shall not exceed either the FAA's 7:1 plane guidelines or the AIP PD's limit of 50 feet, whichever is less. All grading shall be performed in accordance with the Uniform Building Code Chapter 70. The applicant should implement an on-site erosion control program, which shall consist of placing staked straw bales at inlet locations to contain sedimentation on-site. The applicant(s) shall install dissipation structures at adjacent freeway ditch storm drain and conduit outlets (e.g., concrete outfall aprons, or riprap revetments) to prevent channel bank and bed scour. The applicant(s) shall have the site sprinkled with water twice a day during grading and construction, or as wind conditions warrant, to avoid dust impacts to passersby and nearby residents. The applicant(s) shall have all stockpiles of wind blown material (sand, topsoil, etc.) covered when not being used. Trucks hauling debris, soil, sand, or other wind blown materials shall be covered. The applicant(s) shall replant and repave site surfaces as soon as possible. The applicant and the City shall submit a formal request to the Mendocino Transit Authority (MTA), no later than thirty (30) days after the City Council approval of the Site Development Permit, which recommends that MTA extend public transit to the site. The response to this formal request and/or a status report on the progress of the extended public transit line shall be forwarded to the City Council no later than ninety (90) days after approval of the Site Development Permit. Bike lanes shall be extended to the site from the Hastings Road/State Street intersection, subject to feasibility as shall be determined by the City Engineer; following completion of widening and improvement of Talmage AIR QUALITY 21. TRAFFIC TRAFFIC 22. VISUAL 23. QUALITY NOISE 24. SHORT TERM NOISE 25. SHORT TERM NOISE 26. SHORT TERM PUBLIC SVS. 27. SOLID WASTE ARCHAEOLOGY 28. TRAFFIC 29. Road westerly from the site to State Street, bike lanes shall be provided along Talmage Road. Sidewalks shall be put in place along the northerly side of Hastings Road-Airport Road access to Commerce Boulevard to provide pedestrian access in conjunction with roadway improvements. Where possible, and roadway and rights of way permit, trees should be planted along sidewalks by the applicant to provide a shaded walkway; the placing of such trees along Hastings Avenue by the applicant shall not interfere with airport operations. Wal-Mart shall develop a carpooling program for its employees, and shall offer meaningful incentives to those who carpool. Further, Wal-Mart shall monitor the progress and success of its carpooling program on a semi-annual basis, and make any appropriate adjustments to enhance its success. After the program is established, Wal-Mart shall file a written report with the Director of Community Development describing the program. The City of Ukiah shall accelerate the schedule for redstriping relevant portions of South State Street, just north and south of Talmage Road, and providing a left turn pocket on southbound South State Street at Talmage Road. Wal-Mart Stores, Inc. shall design its perimeter landscaping to use fast growing native plant species (e.g., redwood, valley oak, black oak, madrone, California bay, toyon, redbud, manzanita, big leaf maple, and coffeeberry), to the approval of the Director of Community Development. Construction shall be limited to the hours of 7:00 am to 5:00 p.m. Construction equipment shall be properly muffled and maintained. Stationary equipment like generators, compressors, and concrete pumpers shall be placed or shielded so as to avoid excessive noise to nearby residents. Wal-Mart shall institute a recycling program. Ail packing materials shall be recycled, and containers shall be placed on-site for the collection of recyclable glass, aluminum, and newspaper produced on-site. This condition shall not obligate or prevent Wal-Mart from accepting recyclables brought to the site by customers or others. Wal-Mart shall keep the Director of Community Development informed of the development of the "Green Store" program and shall consider Ukiah as a possible pilot store for the program if it is adopted. If archaeological or historic resources are uncovered during site grading and preparation, work should be halted in the area of the find until the remains can be assessed by a professional archaeologist. If warranted by traffic monitoring studies in the opinion of the City Engineer, the City shall install traffic diversion measures on Lorraine and Marlene Streets, as designed and recommended by the City Engineer. His recommended changes on Talmage Frontage Road at Betty Street shall be constructed with the widening of Talmage Road. After a period of twelve (12) months following the installation of the traffic diversion measures, PUBLIC SVS. 30. PUBLIC SVS. 31. PUBLIC SVS. 32. PUBLIC SVS. 33. AIR QUALITY 34. ECONOMICS 35. the City Engineer shall review the traffic loads on the residential neighborhood north of Wal-Mart to determine whether these measures have effectively preserved the quiet residential character of the neighborhood without imposing an undue burden on neighborhood residents. If the City Engineer determines that these measures are not a practical solution to the traffic impacts on the neighborhood, the City Engineer shall, pursuant to Ukiah City Code Section 9543, prepare for City Council consideration a resolution establishing an off-site capital improvement fee for the AIP to: fund the costs of improving Waugh Lane to act as a collector street to relieve the neighborhood from additional traffic impacts; and/or fund the costs of providing curbs, gutters, and sidewalks on Betty and Lorraine Streets for safety purposes. The Wal-Mart site shall be included within the area subject to the fee, and approval of Wal-Mart's site development permit shall be conditioned upon its signing an agreement to pay its proportionate share of the cost of these improvements as determined in said resolution. The building shall include a sprinkler system as required by the Fire Department; hydrant construction, building access, and building construction are subject to the requirements and approval of the Fire Department. The conditions should be monitored by the Ukiah Fire Department. Ail development should be required to include water conservation fixtures, such as low-flush toilets, low-flow urinals, and flow restricters on all faucets. Sewage collectors for the Wal-Mart Store shall be sized and constructed per Ukiah Valley Sanitation District requirements. The conditions should be monitored by the Ukiah Department of Public Works. Ail landscaping should focus on using low water demand species; automated irrigation should be of a type to conserve water. (Other water conservation conditions are included in Condition 31 above.) The energy efficiency standards contained in the California State Building Code, Title 24 of the Code of Regulations, should be enforced through the building permit process of the City. The City Council shall utilize the best information available and the most accurate and reliable modeling techniques feasible for assessing air quality impacts, including specifically ozone formation within the Ukiah Valley as part of its environmental assessment of the pending growth management plan and General Plan revisions. The City Council shall devise transportation, land use, and growth management policies that consider the impact of future projects, including, but not limited to, projects in the Redwood Business Park and Airport Industrial Park, on the existing air quality in the Ukiah Valley. These policies shall be designed to substantially mitigate the impact of stationary and mobile sources of CO, SOx, NOx, PM10, and TOG on air quality in the Ukiah Valley. Wal-Mart shall conduct at least two (2) seminars for local businesses A.~R QUALITY 36. describing its business practices, marketing techniques, and other matters of interest. Wal-Mart shall participate in exploring the feasibility of operating a jitney or shuttle service from the downtown area, and other established retail shopping areas, to Wal-Mart. The specific costs, and details of operation, contribution, and feasibility shall be evaluated by Wal-Mart, MTA, the City, and other merchants. R:BS6 Conditionsl