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1990/11/13 City Council Resolution (14)RESOLUTION NO. 90 -256 A RESOLUTION OF CITY COUNCIL OF THE CITY OF ROHNERT PARK FINDING AND DETERMINING THAT THE WAL -MART DRAFT EIR IS ADEQUATE AND THAT IT SHOULD BE CERTIFIED AS THE FINAL EIR WAL -MART PROJECT AND DIRECTING THE CITY MANAGER TO FILE A NOTICE OF DETERMINATION WHEREAS on May 3, 1990, the Rohnert Park Planning Commis- sion did consider the Environmental Impact Report, hereinafter referred to as the "Draft EIR, RPGP," for the Rohnert Park Gener- al Plan, and WHEREAS on May 3, 1990, the Rohnert Park Planning Commis- sion did adopt Resolutions 90 -05 and 90 -06 which recommended that the Rohnert Park City Council certify the Draft EIR, RPGP as the final environmental impact report for -the Rohnert Park General Plan, hereinafter referred to as "FINAL EIR, RPGP," and directed the City Manager to file a Notice of Determination (Resolution 90 -05) and that the Rohnert Park City Council adopt the Rohnert Park General Plan as revised and amended as the official Rohnert Park General Plan (Resolution 90 -06), and WHEREAS on May 8, 1990, the Rohnert Park City Council did consider the Draft EIR, RPGP, and the recommendation of the Planning Commission and did certify the Draft EIR, RPGP as the FINAL EIR, RPGP under City Council Resolution No. 90 -100 and did approve and adopt the Rohnert Park General Plan as amended as the official General Plan of the City of Rohnert Park under City Council Resolution No. 90 -101, and WHEREAS on July 20, 1989, the Rohnert Park Planning Commission did consider the Draft Environmental Impact Report for Northwest Rohnert Park, hereinafter referred to as the "NW Draft EIR," and did adopt Resolution No. 89 -10 recommending to the Rohnert Park City Council that the NW Draft EIR be certified as the Final EIR for Northwest Rohnert Park, and WHEREAS on July 24, 1989, the R.ohnert Park City Council did consider the NW Draft EIR and did certify the same under Resolution No. 89 -120, and WHEREAS the adequacy of the NW Draft EIR was challenged by Harvey Bell and the Sierra Club and was determined by the court to be inadequate, and WHEREAS the NW Draft EIR was supplemented, circulated, noticed and considered by the Planning Commission, and WHEREAS the Rohnert Park Planning Commission did adopt Resolution No. 90 -10 on August 9, 1990, recommending to the Rohnert Park City Council that the NW Draft EIR as supplemented be certified as the Final EIR for Northwest Rohnert Park, herein- after referred to as the "FINAL EIR, NWRP," and WHEREAS on August 14, 1990, the City Council adopted Resolu- tion No. 90 -186 approving the NW Draft EIR as supplemented as the FINAL EIR, NWRP, and 1 WHEREAS on August 8, 1990, the City of Rohnert Park gave notice of completion of a Draft EIR for the WAL -MART ENVIRONMEN- TAL IMPACT REPORT, a supplement to the FINAL EIR, NWRP, hereinaf- ter referred to as the "WAL -MART DRAFT EIR" and that the time for public review and comment thereon had commenced, and WHEREAS the period for public review and comment closed on October 4, 1990, and WHEREAS a public hearing was held on September 27, 1990 by the Planning Commission for the purpose of reviewing public comments regarding the WAL -MART DRAFT EI:R, and WHEREAS several members of the public appeared and spoke at the public hearing and addressed the contents of the WAL -MART DRAFT EIR, and WHEREAS the Planning Commission did consider the comments made at the public hearing, the responses to the public made at the hearing on September 27, 1990, the written responses thereto by the preparer of the WAL -MART DRAFT EIR, the revised Executive Summary to the WAL -MART DRAFT EIR and the other revisions and corrections made to the WAL -MART DRAFT EIR, and WHEREAS at the conclusion of the hearing which was con- tinued to October 18, 1990, for deliberation and discussion by the Planning Commission after the public hearing was closed on September 27, 1990, and after the Planning Commission had the opportunity to consider the responses to the public comments made by the preparer of the WAL -MART DRAFT ]EIR, the Planning Commis- sion did adopt Resolution No. 90 -13 recommending that the City Council certify the WAL -MART DRAFT EIR as the FINAL EIR WAL -MART and find that it has adequately revealed the significant impacts of the project upon the environment, NOW THEREFORE the Rohnert Parr: City Council makes the following factual statements, findings and determinations: 3 The Project The project consists of 20.22 acres of land, excluding that portion of the property within public rights of way. The project is proposed for development into a retail - commercial shopping center. A Wal -Mart store, a market and three (3) small- er satellite buildings are shown as the major occupants of the center. The Wal -Mart store would serve the region. The project would be built in two (2) phases as follows: Phase One (1) consists of approximately 172,963 square feet of gross floor area. Phase Two (2) consists of approximately 52,000 square feet of gross floor area. The project consists of single ;story buildings. A 1,374 space parking lot is proposed. E The projec.,; is located within the c-ty limits west of U.S. Highway No. 101. It is bordered by Millbrae Avenue on the north, by Redwood Drive on the east, by Dowdell Avenue and the city limits on the west and private property on the south. II Significant Environmental Impacts Resulting from the Project The preparer of the WAL -MART EIR has identified the following significant impacts, as potential significant impacts that will result from the project. They are: 1. Traffic. 2. Public Services, consisting of increased demand for domestic, commercial and industrial water, sewage disposal, public safety and miscellaneous other public services. 3. Housing. 4. Drainage or urban run off. All of these items have been identified in the WAL -MART DRAFT EIR and are outlined in Planning Commission Resolution No. 90-13, at page 3 in Section II. They are not repeated here but are incorporated herein by this reference. III Mitigation Measures The preparer of the WAL -MART DRAFT EIR has recommended a series of mitigation measures which vary in amount for each area of significant impact. The Council has considered the mitigation measures and the proposed solutions by the preparer of the WAL - MART DRAFT EIR. The preparer of the WAL -MART DRAFT EIR has also proposed that the mitigation measures sett forth in the FINAL EIR, NWRP be adopted and utilized by the City in the project. Since the FINAL EIR, NWRP considered the development of the area and the possibility of the location of the WAL -MART store in the area, the findings and mitigation measures set forth in City Council Resolution 90 -100 are incorporated herein by this refer- ence and the City Council states that it has used and relied on the FINAL EIR, NWRP as authorized by California Public Resources Code 21093, 21094. 0 Traffic One of the major concerns of the WAL -MART DRAFT EIR is traffic. In order to mitigate some of the traffic impacts the following specific traffic mitigation measures should be consid- ered for the project: (1) Locate the main access driveway to the project to- gether with its median opening approximately 200 feet farther south on Redwood Drive than shown on the sponsor's site plan in order to provide adequate sight distance! between the driveway and the curve at the Redwood - Millbrae bend. (2) Provide curve warning signs on both the Redwood and Millbrae approaches to the connecting bend. (3) Relocate the easterly Millbrae driveway to a minimum of 400 feet of clear sight distance between traffic exiting the easterly Millbrae driveway and traffic approaching from the east. 3 (4 ) Improv, Dowdell Avenue to City s .:andards along the site frontage. (5) Do not locate an intersecting aisle within 200 feet of the main access driveway's intersection with Redwood Drive. (6) Do not use the main access drive as a parking aisle. (7) Do not use parking aisles with unbroken lengths in excess of 200 feet between cross -aisle connectors. (8) Install traffic signals when warranted by the actual traffic level. (9) Provide when needed traffic lanes as shown by figure 12 in the FINAL EIR, NWRP. (10) Encourage Caltrans to lengthen and widen the on and off ramps at Wilfred Avenue. B Air Quality Air quality mitigation measures that should be considered and implemented are the following: (1) Contact the Bay Area Air Quality Management Board, hereinafter referred to as the "BAAQMB," for further guidance and recommendations regarding cumulative impact of this project and subsequent projects. (2) Accept one or more of the alternatives set forth in the FINAL EIR, NWRP in order to reduce emissions. (3) Implement the land use measures set forth in Section 3.2, Air Quality of the FINAL EIR, NWRP regarding traffic flow, transit incentives, bicycle and pedestrian facilities and orien- tation to traffic. C Public Services 1. Water Supply. The City of Rohnert Park's main source of water at present is its well system. This system should be continued, however it should be monitored in order to maintain a balance between supply and demand. The City also has a one million gallon per day entitlement in the Sonoma County Water Agency, hereinafter referred to as the "SCWA," allotment on the Sonoma County Aqueduct. This entitlement should be in- creased, if possible. In addition, the following mitigation measures relating to water supply should be undertaken. (a) Monitor water supply and availability as each project is approved and developed. `f�IP,10 (b) Implement the measures set forth in the FINAL EIR, (c) Construct an additional well on the project site. (d) Implement water conservation methods. Reclaimed waste water is expected to be available for landscaping purposes. This use should be exploited as much as possible. (e) During the public review process, the developer should also be encouraged to use construction techniques and fixtures, such as water - efficient cooling systems, that further reduce water consumption. 4 supply. (f) Rely on Rohnert Park's vast underground water (g) Negotiate continued use of Petaluma's unused SCWA allotment. This should always be considered as a temporary interim solution until permanent additional supplies can be provided. (h) Negotiate with other temporary interim use of their unus (i) If sufficient water is Assessment District projects are should be modified as appropriate, water service throughout the City. SCH►A water contractors for ed SCWA allotments. not made available or if the not completed, the projects in order to maintain adequate 2. Sewage Disposal. Until the expansion of the facili- ties at the Laguna de Santa Rosa Sewage Treatment Plant is fully accomplished sewage treatment capacity will be limited somewhat. However, by regular and careful monitoring and by the exercise of reasonable controls on projects and project approvals, reasonable development requests can be accommodated. To assist and miti- gate, the following measure in mitigation should be considered: (a) Continue to work with Santa Rosa Subregional Waste- water authorities to secure additional wastewater capacity. (b) The City should require the project developer to fund all costs to extend sewer service directly to the project site. 3. Public Safety. The principal problem in providing adequate public safety is in providing well trained and experi- enced public employees in the category, i.e. police, fire, water, parks and recreation, etc. In order to mitigate the impacts in this area the following mitigation measures should be considered: (a) The City should continue to impose the capital outlay fee to assist in funding needed for public facilites. (b) During the PD review process, the City should assess cumulative demand for services generated by the project to deter- mine the need for augmenting police and fire staffing levels. At that time, the City can determine whether new revenue generated from the project(s) will cover the additional operating expenses to provide public safety services to the project(s) on an on- going basis. (c) The Department of Public Safety should review all development applications for safety concerns, such as tenants using flammable substances, hazardous materials or explosives. Plans should also be checked for adequate lighting and safety vehicle access. Fire prevention and security measures should be incorporated into development planning. (d) The Public Safety Department shall continue to moni- tor the number of false alarm calls received. If such calls become excessive and jeopardize public :safety, the Department may issue citations under the City law establishing fines for false alarm calls to encourage property owners to properly operate and maintain their alarm systems. 6 F Housing It is a never ending struggle for government and the private sector to provide adequate affordable housing in a market place that has been occupied by a greater demand than there is an ability to supply. These mitigation measures should be consid- ered: (1) Out of the available housing supply, the City should strive to provide housing appropriate to the income levels of the employees of the proposed projects. (2) To the extent possible, the City should assist in providing adequate levels of housing affordable to the income levels of employees expected to work in the new jobs generated by the proposed project. 0 Drainage and Urban Runoff The principal avenue of drainage is to the Laguna de Santa Rosa and then to the Russian River and the Pacific Ocean. These fundamental drainage patterns will not change. The problem urban development in the area must address is reasonable dis- bursement of the accumulated drainage together with an effort to maintain as pollution free drainage as possible. With urban development some of these problems are aggravated. However, the following mitigation measures should be considered: (a) The Urban Runoff and Aquatic Habitat section of the Cumulative Supplement contains a list of mitigation measures to reduce pollution in the Laguna. These :measures include retention of runoff through installation of sumps, sweeping of parking lots and setting aside areas for marshland development. It is sug- gested that the City of Rohnert Park consider the use of one or more of these measures as conditions of approval for the Wal -Mart project or reserve the option of applying such conditions follow- ing the completion of the Regional Water Quality Control Board study and recommendations resulting from that study. (b) The City should consider the use of such means as CC &R's and tenant lease agreements to assist in the restriction or reduction in the use of landscape chemicals. The City should encourage restricted use of landscape chemicals which could potentially harm the City's ground water supplies. The City should encourage the restricted use of chemicals with relatively long photochemical or biochemical breakdown periods. The City should encourage reduction of chemicals during the winter periods of high water runoff. IV Reporting or Monitoring Programs In order to assist in the mitigation of the significant impacts of the project, the following reporting or monitoring programs or systems should be implemented: 1. Traffic (a) The City should conduct P.M. peak hour turning move- ment counts and compute service levels at one year intervals at the intersections, Nos. 1, 2 and 3, as listed in Figure 6 of the revised WAL -MART DRAFT EIR as responded to and commented on by the preparer of the WAL -MART DRAFT EIR. If service levels fall below level "D," construct improvements to bring the service level(s) to "D" or better. 0 (b) The City should continue to collect a per unit traf- fic mitigation fee to be charged each project parcel sponsor to cover the costs of off -site road improvements. 2. Air Quality (a) Phasing of development. This option would include acceptance by the City of either Alternative 6.4 or 6.5 in the FINAL EIR, NWRP or a combination of the two. (b) Measures Related to Land Use. The City should imple- ment mitigation measures relating to improved traffic flow, transit incentives, orientation to transit and improvement in bicycle and pedestrian access. 3. Water Supply (a) The City should monitor water availability, whenever it is necessary, in order to meet the schedule for approval of a major project. Each project sponsor should be responsible for their prorated costs. 4. Sewage Disposal (a) The City should investigate the potential for the institution of a wastewater conservation program. (b) The City should continue to pursue efforts to in- crease the capacities of the wastewater treatment facility and the pumping station. (c) The city should continuously monitor and update the remaining sewage capacity, in order to guarantee that the ability to treat and discharge wastewater is available prior to the approval of any project. 5. Housing (a) The City should investigate the extent to which housing can be provided in the City for those expected to be employed in the proposed projects during the period before waste- water treatment capacity can be increased. 6. Drainage (a) The City should coordinate with other local jurisdic- tions to insure a common approach to satisfying water quality goals. W Alternatives to the Project The same alternatives to the project apply as were dis- cussed in Planning Commission Resolution. No. 90 -05. These alter- natives were discussed extensively in Resolution No. 90 -05 and are not repeated herein but are incorporated by reference. In addition to the observations made in Resolution No. 90 -05 (Section C at pages 12 and 13) the City Council finds that regional, commercial and retail facilities are needed in Rohnert Park in order to serve Rohnert Park's growing population and the surrounding population. Such a facility would reduce time spent on the freeway by residents of Rohnert Park who are presently going to other centers for services. The project would also result in tax revenues and employment opportunities for Rohnert Park residents which the City needs. Other economic benefits would flow from the project which would inure to the City. 7 VI Specific Findings 1. In considering the WAL -MART DRAFT EIR the City Coun- cil did consider the FINAL EIR, RPGP, the adopted Rohnert Park General Plan and the FINAL EIR, NWRP all of which have been reviewed, revised, discussed, and subjected to public hearing and adopted within the past 6 -12 months. 2. The City Council is aware of the land use policies and recommendations set forth in the General Plan and it is aware of the mitigation and monitoring measures set forth in the FINAL EIR, NWRP and has considered them in deliberations regarding this Resolution. The Council has also been advised that it is legally and factually appropriate to consider the tiering of environmental impact reports as set forth in Public Resources Code SS 21093, 21094. 3. The Council has examined and addressed each impact identified by the preparer of the WAL -MART DRAFT EIR. The Coun- cil finds that the issues of water, sewer, traffic, public serv- ices, housing, air and water quality, public safety, were in the FINAL DRAFT, RPGP and the FINAL EIR, NWRP and, except for specif- ic details peculiar to the WAL -MART project, were examined at a sufficient level of detail in these prior environmental impact reports to enable those effects to be :substantially mitigated or avoided by specific site revisions and adjustments, the imposi- tion of conditions, or by other means in connection with the approval of the WAL -MART DRAFT EIR as authorized by Public Re- sources Code 21094(a). 4. The preparer of the WAL -MART DRAFT EIR has consulted with and obtained comments from each responsible agency and any public agency which has jurisdiction by law with respect to the project. The preparer of the WAL -MART DRAFT EIR has also met with, consulted or received information from persons who have special expertise with respect to certain areas which are envi- ronmentally impacted. 5. As the FINAL EIR, NWRP, the WAL -MART DRAFT EIR and this Resolution state, changes or alternatives have been required in or incorporated into the project which mitigate or avoid significant environmental effects as identified in the completed environmental impact report for the WAL -MART project. VII Statement of Overriding Considerations Resolution No. 90 -186 contains a Statement of Overriding Considerations as to the FINAL EIR, NWRP. That statement is incorporated herein by this reference. In addition, the City Council makes the following Statement of Overriding Considera- tions. The Project will bring commercial activity into an area of the City planned and zoned for commercial activity. Commer- cial activity, per acre is less demanding upon public services, i.e., police, fire, water and sewer than is a comparable area of residential development. Commercial projects supply job opportu- nities for the local residents. While the project will attract some regional responses it will also serve the residents of Rohnert Park and residents in the local trade area. It will provide economic and financial benefits to the City as well. 0 VIII Conclusion IT IS RESOLVED that the WAL -MART DRAFT EIR as supplement- ed and revised with all public comments and responses to public comments, as herein referenced, adequately addresses and responds to the significant environmental impacts caused by the project. The WAL -MART DRAFT EIR is hereby approved and certified as the final environmental impact for the WAL -MART project i.e. WAL -MART FINAL EIR, and the City Manager is hereby authorized and directed to file a notice of Final Determination as provided by law. In Council duly passed this 13t1 day of November, 1990. CITY OF ROHNERT PARK CITY Mayor AYE AYE AYE AYE AYE COCHRAN ._._. ECK . HOPKINS SPIRO _ - HOLLINGSWORTH ._... AYES __.5_ NOES . 0 .. ABSEtiT 0 ABSTAIN 9