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Home My WebLink About94-48WHEREAS, RESOLUTION NO. 94-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING USE PERMIT APPLICATION NO. 93-32, KMART 1. The City Council has adopted a resolution approving the Mitigated Negative Declaration of Environmental Impact pursuant to the California Environmental Quality Act (CEQA) in connection with its consideration of Use Permit Application No. 93-32, KMart Corporation; and 2. The City Council's environmental review findings determined that the site plan and conditions of approval noted in Section 2 would avoid or reduce all environmental impacts to a level of insignificance; and 3. The City Council's consideration of Use Permit Application No. 93-32 did not reveal any record that the establishment, maintenance or operation of the KMart facility will be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood, or be detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City; NOW, THEREFORE, BE IT RESOLVED as follows: 1. For the reasons stated in the environmental review 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 pattem; 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; 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. the project is not substantially detrimental to the character or value of the residential neighborhood to the north and sufficient mitigations have been adopted to avoid detriment to the character or value of the residential neighborhood; f. the project will not excessively damage or destroy natural features and the natural grade of the site; 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 Use Permit Application No. 93-32 subject to the following conditions: 1. Standard Conditions 1-24. 2. The parking areas include at least one shade tree for every four parking spaces spread throughout the areas. 3. All drainage from the site be collected on site and directed to existing or new storm drainage facilities as approved by the City Engineer. 4. All on site lighting be of a height and orientation so as to not shine on adjacent residential properties. 5. Twelve feet of property on the west side of Orchard Avenue north of Perkins Street the entire length of the corner property (APN # 002- 200-38) shall be dedicated to the City of Ukiah and the increased right-of-way improved to provide a "right turn only" lane. Ten feet of property on the north side of Perkins Street west of Orchard the entire length of the corner property (APN # 002-200-38) shall be dedicated to the City of Ukiah to coincide with previously dedicated property to the west for the widening of Perkins Street. 10. 11. 12. Orchard Avenue shall be restriped as a four-lane roadway between Perkins Street and Clara Avenue and the center island between Albertson's and J.C. Penney shall be removed. The north leg of Orchard Avenue at Perkins Street shall be re-striped to include a southbound left turn lane, a southbound through lane, a southbound right turn lane, and two northbound through lanes. The south leg of Orchard Avenue at Perkins Street shall be re- striped to include a left turn lane (11 feet wide), a new through lane (11 feet wide), and a shared through/right turn lane (13 feet), and a single southbound lane (13 feet wide). Signs shall be posted to reroute project-generated traffic destined for southbound U.S. Highway 101 to travel south past Perkins Street and access the freeway at the Gobbi Street interchange. A fee in the amount of five percent of the total cost of the signalization at Gobbi and Orchard shall be deposited with the City prior to use and occupancy of the structure for use in construction of these traffic devices. The applicant shall pay the entire cost of adding a separate right turn lane on the southbound off ramp of U.S. Highway 101 at Perkins Street. Completion of the improvements shall be coordinated between the City of Ukiah and Cai Trans; application for these improvements must be filed and a fee equal to the estimated cost must be deposited with the City prior to use and occupancy of the structure. A fee equal to five percent of the project cost of relocating the signal 3 at Scott and State or Norton and State to Clara and State shall be deposited with the City prior to use and occupancy. 13. Applicant shall pay the entire cost of upgrading the traffic signals, including new controller, related equipment, and relocation of poles and related equipment, at Orchard and Perkins to accommodate the expanded rights-of-way (does not include dedication of property at the northeast corner of the intersection). 14. A minimum of 20 feet of landscaping, including a meandering sidewalk, with berming, hedging, or screen walls/fencing shall be provided along the entire Orchard Ave. property frontage. 15. The northern exposure of the existing center (Albertson's and Big 5) shall be improved with architectural features, colors, and/or landscaping to present a more aesthetically pleasing appearance. 16. Preferential parking for both employees and CUStomers who rideshare to Kmart shall be provided as illustrated on the approved site plan. 17. During the construction phase of the development, the following measures shall be required: a. exposed earth surfaces shall be watered twice daily to reduce airborne particulates; b. all vehicles shall use tarpaulins or other effective covers when transporting materials to and from the project site; c. the maximum speed of vehicles on site shall be 15 mph to reduce the amount of dust generated; d. permanent soils stabilization measures (paving, landscaping, etc.) 4 18. 19. 20. 21. shall be implemented immediately following the completion of construction of any portion of the site. If a portion of the site will be idle for longer than ten working days and the soil has been disturbed on that portion, the soil shall be stabilized (seeing and watering until growth is evident, dust palliative for suppressants, etc.); e. all clearing, grading, earth moving, or excavation activities shall be ceased during winds greater than 15 mph; f. streets adjacent to the project site shall be manually swept, as needed, to remove silt which may have accumulated from construction activities; g. no construction vehicles are permitted to Clara Avenue; h. construction equipment shall be properlytuned and a maintenance schedule shall be available within a 24 hour request. Property owner shall agree to annex property north of Orrs Creek, south of Brush Street (Mendocino County Assessor Parcel Numbers 002-101-01 and 002-030-05) at request of the City of Ukiah to ensure completion of required improvements to this area. Property owner shall provide 66 feet of right-of-way for the extension of Orchard Avenue from the Orrs Creek bridge to Brush Street, and 33 feet of right-of-way on the east side of Orchard Avenue from Ford Street to the Orrs Creek bridge. KMart shall implement an Employee Transportation Management Program as approved by the Air Quality Management Distict. KMart shall provide for two transit turnouts (one in each direction) on Orchard Avenue to the approval of the City Engineer and Mendocino Transit Authority. 22. KMart shall improve the walkways from the transit stop through the parking area and from the existing center to the new KMart building to increase pedestrian travel. 23. KMart shall contribute $36,250 to an "Air Quality Offset Fund" established by the City to pursue measures maintaining appropriate air quality levels. 24. The driveway on to Clara Street shall be eliminated and a ten foot landscaping strip shall be located across the driveway area as an entension of the proposed perimeter landscaping along the Clara Street frontage. 25. KMart shall provide a covenent or deed restriction to preclude the construction of any permanent improvements within the 30 foot driveway from Orchard Avenue to Hospital Drive to insure unobstructed vehicular access. PASSED AND ADOPTED this 4th day of May, 1994, by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter NOES: None ABSENT: None ABSTAIN: Councilmember Shoemaker Cathy MqKay, city ~lerk UP ~ RES~U~ON R~ Fred ScE~eiter, Mayor