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1991/07/23 City Council ResolutionRESOLUTION NO. 91 -157 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL CERTIFYING THE COMPLETION OF THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE HOME DEPOT PROJECT AS THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE HOME DEPOT PROJECT, MAKING CERTAIN FINDINGS REGARDING MITIGATION AND MONITORING, APPROVING THE PROJECT AND DIRECTING THE CITY MANAGER TO FILE A NOTICE OF DETERMINATION. WHEREAS on December 13, 1990, the Rohnert Park City Council authorized the preparation of a draft environmental impact report for the Home Depot Project, hereinafter referred to as the " DEIRHDP," by Earth Metrics, Inc.; and WHEREAS on May 23, 1991, notice was given and published by the City of Rohnert Park that the DEIRHDP was prepared and available for public comment; and WHEREAS the comments as received from the public were evaluated and responded to by Earth Metrics, Inc., as provided by Public Resources Code § §21003.1 and 21153; and 14 California Administrative Code § §15083, 15086, 15105, 15201, 15202, 15203, 15208,and 15209; and WHEREAS the Rohnert Park Planning Commission did notice and hold a public hearing on Thursday, June 27, 1991, to consider the written comments made together with the responses thereto by Earth Metrics, Inc., and any additional oral comments made at the public hearing; and WHEREAS the Planning Commission also considered the oral remarks of Mr. Charles Landa, architect for Greenberg- Farrow & Associates, representing Home Depot; Dennis Dorsch, Planning Director for the City of Cotati; and David Mochel, Rohnert Park; and WHEREAS the Planning Commission also considered the written comments of the California Department of Transportation, the City of Cotati, the Sonoma County Department of Public Works; the Sonoma County Water Agency; Jake MacKenzie, Rohnert Park; the Sonoma County Local Agency Formation Commission; the Native Heritage Commission; and the California Department of Fish and Game; and WHEREAS the Planning Commission did hear and consider the written and oral comments and did request Earth Metrics, Inc., to respond to the written and oral comments at a subsequent meeting of the Planning Commission; and WHEREAS the responses and comments of Earth Metrics, Inc., to the written and oral comments from the public, from public agencies, and from others have been received and considered by the Planning Commission; and WHEREAS at the conclusion of the public hearing the Planning Commission did close the public hearing and did continue the matter of its consideration and decision as to whether to recommend the DEIRHDP as the Final Environmental Impact Report for the Home Depot project, hereinafter referred to as the FEIRHDP, to the Rohnert Park City Council until the preparer of the DEIRHDP had the opportunity to consider and respond to comments made at the public hearing held on June 27, 1991, and WHEREAS the Planning Commission did continue the matter to its meeting of July 11, 1991, at which time the preparer of the DEIRHDP requested additional time within which to respond to comments made at the public hearing of June 27, 1991, and WHEREAS the Planning Commission did continue the matter to July 18, 1991, as the time and place for the preparer of the DEIRHDP to respond to the comments made by the public at the June 27, 1991, public hearing for the specific purpose of giving the preparer of the DEIRHDP additional time to consider, evaluate and respond to those comments made at the June 27, 1991, public hearing that were not addressed or responded to in the DEIRHDP or upon which the preparer of the DEIRHDP elected to provide additional response; and WHEREAS the preparer of the DEIRHDP did provide additional response to the comments made at the June 27, 1991, public hearing and did file them with the City Planning Department on July 15, 1991; and WHEREAS the additional comments as filed were received and considered by the Planning Commission at its meeting on July 18, 2 1991; and WHEREAS at the conclusion of that meeting the Planning Commission did approve the DEIRHDP and did recommend that the City Council certify the DEIRHDP as a FEIRHDP; and WHEREAS as evidence of its recommendation, the Planning Commission did adopt Resolution No. 91 -09, a copy of which is on file in the office of the Planning Director of the City of Rohnert Park and which has been furnished to the City Council and of which the City Council is aware and which is incorporated into this Resolution by reference; and WHEREAS the City Council did notice a public hearing for Tuesday, July 23, 1991, at the hour of 7 o'clock p.m. in the City Council Chambers, City Hall, 6750 Commerce Boulevard, Rohnert Park, California, as the time and place to consider the DEIRHDP, the public comments made before and at the time of the hearing, the recommendations of the City staff and the Planning Commission and any other comments or material brought to the attention of the Council; and WHEREAS after consideration of the foregoing and all of the comments and responses at the public hearing the City Council does hereby declare, determine and find as follows: I The Project The DEIRHDP defines the Project as a single -story commercial retail complex consisting of 13.5 acres, more or less, of which approximately 4.1 acres are inside the corporate limits of the City of Rohnert Park. The remainder of the 13.5 acres is outside and immediately contiguous to the City boundaries. The site is located west of Redwood Drive and U.S. Highway No. 101. Wilfred Avenue lies approximately 500 feet to the south. Dowdell Avenue is west of and contiguous to the site. The intersection of Redwood Drive and Commerce Boulevard lies immediately northeast of the project site. 3 aggravated during construction. The project will contribute to regional concentrations of PM 10. 9. The increased number of motor vehicles that will be attracted to the project will result in a significant impact upon to regional air quality. 10. Project construction could create high sound levels. 11. Erosion could occur during project construction. 12. The Clear Lake soils present in the project area tend to shrink and swell during every wet and dry season. 13. Waste from petroleum products emitted, dropped or otherwise released from vehicles parked at the project site could possibly wash or drain into the City storm drainage system. III Significant Environmental Impacts that Cannot Be Avoided if the Project Is Implemented If the project is implemented, the following environmental impacts cannot be avoided: 1. Annexation of this area will result in a loss of existing open space. 2. The development of the project has growth inducing impacts. 3. Normal evening traffic together with project traffic in the vicinity of the project will present a cumulative traffic impact. 4. Construction activity at the project site may temporarily raise PM 10 concentrates to levels above acceptable state standards. Dust conditions will also be aggravated during construction. The project will contribute to regional concentrations of PM 10. 5. The increased number of motor vehicles that will be attracted to the project will result in a significant impact upon regional air quality. 5 The site presently consists mostly of vacant land. The Wal- Mart facility is under construction north of the site. A new motel is located across Redwood Drive to the east. Home Depot consists of a 121,620 - square -foot hardware store and related lease space, plus an outdoor garden center consisting of 40,000 square feet. The dimensions of the parcel of real property for the Home Depot project are 740 feet north and south by 810 feet east and west. II significant Environmental Effects of the Proposed Project The DEIRHDP, and specifically Table 2.3 -1 at pages 2 -3 to 2 -9, inclusive, identifies the significant environmental effects of the Home Depot project as follows: 1. Annexation of this area will result in a loss of existing open space. 2. Inadequate visual buffering along Redwood Drive could result in significant visual impacts. 3. The development of the project has growth - inducing impacts. 4. The intersections at Commerce Boulevard and Golf Course Drive and at Commerce Boulevard and Redwood Drive and at Redwood Drive and Wilfred Avenue will be impacted. 5. The safety of pedestrians or cyclists would be compromised on existing roadways such as Dowdell, Millbrae, and Wilfred Avenues. 6. Normal evening traffic together with project traffic in the vicinity of the project will present a cumulative traffic impact. 7. The parking aisles of the Home Depot parking lot will form roadway conduits which may be attractive to speeders. 8. Construction activity at the project site may temporarily raise air quality PM 10 concentrates to levels above acceptable state standards. Dust conditions will also be 4 IV Mitigation Measures Proposed to Mitigate the Significant Environmental Effects Including, but Not Limited to, Measures to Reduce Wasteful, Inefficient and Unnecessary Consumption of Energy. Mitigation measures proposed to minimize the significant environmental effects as proposed by the DEIRHDP are as follows: 1. As to the loss of open space the City has previously proposed that open space be acquired or maintained along its northern boundary to serve as a separator between Rohnert Park and Santa Rosa. The City has also proposed that the areas around the city be considered for possible open space designation or use. The County of Sonoma has formed an Open Space District. The City of Rohnert Park supports and contributes to that district through assessments levied on Rohnert Park residents. The City's golf courses and public parks presently provide open space. City policy is to encourage the preservation of usable open space on a local or regional scale. 2. As to any induced growth contributed by the Home Depot Project the principal factor that will result in growth is the increased number of employees who may seek residency within the City. The number of remaining residential units projected for the City is approximately 1,200. The City has adequate residential capacity to accommodate the residential needs generated by the Project. The preparer of the DEIRHDP has recommended that future annexations to the west, other than those recommended in the City's General Plan, should not be undertaken before the City's "Open Space Plan" is completed. The City Council approves such a policy as a general rule and is aware of Policies OS -1c, and LU -16a as well as the other applicable policies of the General Plan of the County of Sonoma and the City of Rohnert Park. The City Council intends to follow the guidelines of these policies but does not feel that the policies should operate as an absolute constraint but must be weighed and G liaison and cooperate with the County of Sonoma and Bay Area Air Quality Management District and other involved public agencies to monitor air quality in the area. 4. Project construction noise has also been identified as a significant impact of the project. The standard measures of insuring that equipment has properly functioning noise - suppression facilities on each noise - producing item of equipment and limiting construction hours if construction activities interfere significantly with other residential or commercial areas within the City will be implemented. In planning the project, loading and unloading bays, truck docks and areas in which significant truck activity is planned should be located on parts of the buildings that are not adjacent to other commercial areas, areas of high vehicle activity or residential areas, if any. The erection of sound barriers across from truck bays and docks should also be considered to lessen the projection of sound from the project to areas outside the site. Trucking operations should be limited to hours when the noise and activity do not intrude into the late -night hours that disturb residents. In the same context, rooftop air conditioning and ventilation equipment should be baffled and state -of- the -art noise suppressors,and noise - reduction facilities should be utilized. 5. In order to control erosion during construction the project should be built during the dry season. The portion of the project involving soils work should be supervised by a soils engineer. As indicated previously in this Resolution, those areas that have been cleared and graded but are not used for construction or parking facilities should be reseeded and landscaped to reduce erosion and soil loss. As to the project after it is built, the parking lots should be washed and swept regularly. Plans should include measures to reduce the amount of petroleum products that enter the storm drainage system. 0 considered against social, economic, and other legitimate considerations the Council must make when entertaining land use decisions. 3. With regard to air quality and the possible degradations of air quality during the construction phase of the project, pages 2 -5 and 2 -6 of the DEIRHDP contain recommendations for the reduction and control of air pollutants during project construction. Specifically, such measures during the construction phase such as the use of water trucks and sprinkler systems to wet down the construction area and suppress dust are specific measures to control the amount of soil material in the air. As construction vehicles leave the construction area the practice of washing vehicles as they enter paved roads will prevent the vehicle from depositing construction materials on the highways and roads after leaving the construction site. In addition to the foregoing measures, as to those areas not needed for building or paving, the contractor should reseed the soil areas and maintain them until the grass is established. After the project is constructed the area will be brought into the regular street sweeping and maintenance program of the City of Rohnert Park. As to measures for implementation after the project is complete the focus of the City of Rohnert Park will be to encourage utilization of public transit as a means of access to the site. The City has participated in the establishment and expansion of a public transit system, and it will participate in the provision of public transit facilities to the site. The DEIRHDP also refers to such devices as the accommodation of public transit to unusual work schedules, validation of transit tickets for a free return trip, provisions for passes and ride sharing. The City has recognized such programs in the past and will continue to do so. The City is also receptive to innovations for expanded use of public transit within the budget constraints of the City provided that the concepts are analyzed and have practical application. The City will also maintain 7 V Alternatives to the Proposed Project The DEIRHDP sets forth the following alternatives to the project at sheets 2 -1 and 2 -2: The first alternative considered was the No Project Alternative. Under this alternative the project area would remain vacant. The acreage within the City would continue to have commercial zoning. Since the area is zoned for commercial use and since it is in the area of other commercial uses and since the City is receiving applications to develop the area for commercial use, it is reasonable to assume that another application will be received to utilize the site. The No Project Alternative is not realistic in view of the fact that the area has been zoned and planned for development and has been so shown in past zoning and previous General Plans for the past 20 years, more or less. The next alternative considered is the Reduced Scale Alternative. This Alternative would reduce the scale of the project by approximately 45 %. It would concentrate project development on lands within the City of Rohnert Park. If the Reduced Scale Alternative were selected, the building size of the project would have to be scaled downward. The DEIRHDP considers this alternative environmentally superior to the project as proposed. The third consideration was the Alternative Site Analysis. An alternative site is available approximately one mile to the south on the south side of the Rohnert Park Expressway west of Redwood Drive. The EIR for the project which was completed in 1990 indicates that the southern area has the ability to accommodate a 112,000 square -foot hardware supply /garden center at a size of 100,000 square feet and 12,000 square feet, respectively. This would be a site entirely within the City in an area zoned for and able to accommodate the project. If this Alternate Site Analysis were accepted it would result in a 9 reduction of project area by approximately 25 percent. VI Relationship Between Local Short -Term Uses of Main Environment and Maintenance and Enhancement of Long -Term Productivity The DEIRHDP includes an analysis of the short -term and long- term effects of the project at page 5 -3. As the DEIRHDP notes these two items, the short -term and long -term effects, always involve a balancing and trade off of various environmental factors. It is true that development of the project will result in the use of bare land for development purposes. Soils now covered with grass and vegetation will be covered with buildings and asphalt. For those who desire the area to remain in its natural state any change is offensive. On the other hand, the area has been planned for commercial development for some time and is and has been part of the city's General Plan and has been zoned for such use for some period of time as has been noted previously in this Resolution. The Council also must consider the fact that growth will continue and that it should occur in the areas in which plans were previously made and in which the infrastructure is in place and in which some plan has been made to anticipate and accommodate future growth. Because of the demand for additional services in the area, because projects such as Home Depot were zoned and planned for the area over a long period of time, because the area to be annexed is not prime agricultural land as previous environmental impact reports have disclosed, and because the project utilizes land within the City and does not require a substantial annexation of property to facilitate the project, the long -term productivity of the project to the environment as compared to the short -term use of the environment seems reasonable and proper. While any loss of open space or alteration in the environment may be considered unacceptable in some quarters and by some groups, 10 the City Council must balance that somewhat extreme view of no loss of open space and no expansion with the demands of the community for more services, the fiscal drain upon the city budget and resources to provide these services, and the policies of the state and county to charge for services previously provided at no cost, to withdraw services, and to withhold, divert, transfer, or retain services which those agencies formerly freely allocated to the city. The City Council finds that the long -term productivity will not be sacrificed to short - term benefits of the project. VII Significant Irreversible Environmental Changes Which Would Be Involved in the Proposed Project Should Be Implemented. The change in use of the area from rural residential agricultural to retail commercial would result in a change in the uses which would be irreversible, insofar as it is humanly possible to predict. The project will require non renewable energy and materials to construct the facilities and maintain project activities. The project will not require any resources that are not currently being used by other commercial activities. Utility and service companies exist for the delivery of these resources and services. So long as the public utilizes these services the issue is the locale at which the resources will be utilized and expended, not whether they will be expended. Consumer demand is one of the principal factors in the decision to install projects such as the Home Depot Project. Since one of the issues is where the project will locate, both reversible and irreversible factors must be considered. When these factors are balanced the Council finds that the irreversible effects are not so overwhelming as to require the Council to reject the project. 11 VIII Growth Inducing Impacts of the Project The DEIRHDP at page 5 -1 evaluates the growth inducing impacts of the proposed project. The extension of the city limits by the annexation of the additional 9.4 acres, more or less, proposed for the project is considered to be growth inducing by the preparer of the DEIRHDP on the theory that the larger the site developed, the more people who will be employed or used to maintain the project located on the site. The Home Depot project is somewhat different in that it is a low cost retail operation which stresses volume transactions. The number of employees per dollar of sales volume is substantially less than many other retail and commercial businesses. The Council finds that the number of employees and personnel on the site to serve Home Depot sales activities are substantially less than a series of similar sized retail and commercial operations. Therefore the number of people at the project to serve it as employees, management and tradesmen should be substantially less than if the project were planned and constructed to accommodate a series of small shops or more labor - intensive activities. Thus the Council feels that the project personnel and people serving project activities will not be overwhelming growth inducements; however the attraction of the activities at the site will put pressure on adjacent areas in the County for more intensive uses. Growth inducement will result more from the attraction of others to build a comparable site rather than activities on the site. Growth inducing impacts consists of factors based, in part, on one's assessment of the future. Since future projections and predictions rarely emerge as preliminarily made, the City Council does not believe that possible growth inducing impacts of the project should control whether it is approved or not. For example, economic conditions outside Sonoma County impact growth. State decisions in the area of taxation and fiscal policy have an impact on future growth. 12 The public perception of economic factors, the health of the local economy and real estate markets are also worthy of consideration. Thus, depending on factors outside the control of the project operation, the Home Depot could be the sole facility at the site for some time. Findings for Approval of Project and Adoption of Reporting and Monitoring Program for the Project Public Resources Code §21081 requires a public agency to make findings when one or more significant effects have been identified in the draft environmental impact report for the project. Public Resources Code §21081.6 requires a public agency to adopt a reporting or monitoring program for changes to project approval. The two state law requirements are addressed herein. In conformity with the state law, the City Council makes the following findings: A. Changes or alterations have been required or incorporated in the project which serve to mitigate or avoid some of the significant environmental effects identified in the DEIRHDP and the comments thereto. 1. Specifically, the DEIRHDP recommends that the applicant furnish detailed landscape plans to mitigate the impact of the project upon Redwood Drive and setback the project the required distance from the right -of -way on Redwood Drive and monitor the same. This will be done. 2. The City should act and has acted to implement the Open Space Plan around Rohnert Park so as to assist in the preservation of open space. This will be continued. 3. With regard to traffic and parking, the City and the project applicant should install those parking and roadway improvements in the project area shown in the environmental impact report and in other environmental impact reports that have been approved for projects in the northern area of the City. These are in the process of being done. 4. For the protection of the air quality in the project 13 area, the project applicant should provide a means of monitoring and controlling air quality during construction. Those measures are mitigable and the DEIRHDP (pages 2 -5, 2 -6, and 2 -7 and in this Resolution at paragraph IV, pages 7 and 8, indicates the measures to be mitigated. This can be done. 5. With regard to noise generated by the project the City can and will monitor noise generation within the construction phase of the project. The City Code contains the standards of acceptable noise levels and these standards will be observed. 6. As to drainage and soils impact, the City will approve and oversee the drainage plan and plans to reduce siltation from the project. The City will also require and monitor measures to preserve water quality such as monitoring and inspection, use of pollution- creating equipment, enforcement of policies to prevent and police any spills of toxic materials or petroleum products, and the encouragement of the use of equipment and products especially in the post- construction stage that are less polluting or utilize clean - burning supplies of energy. All grading and landscaping plans will be reviewed and approved by the City personnel. 7. As to public services, the City will monitor water usage at the project and instruct and inform the project residents of the importance of water conservation as it does with all other City residents. As to the sewage treatment facility of the City, the City already has a system for monitoring sewage treatment capacity and the amount of sewage generated by City users. The process and the monitoring that accompanies it will be activated. B. Some changes are within the responsibility and jurisdiction of other public agencies and the changes should be adopted by the public agency or agencies involved. With regard to the preservation of open space between the City of Santa Rosa and Rohnert Park, the City supports the open space measures proposed by the County of Sonoma. To preserve open space between the cities and to maintain community 14 separators requires efforts of the agencies other than Rohnert Park. The City Council supports any reasonable methods of preserving open space that are realistic, practical, and financially achievable. With regard to freeway improvements, the City Council understands the State of California has responsibilities for the state freeway system. While Rohnert Park is willing to participate in the solution of congested freeways, it is not the sole cause of the problem nor does it have the obligation, the Jurisdiction, nor the power to solve the transportation problems in the Highway 101 corridor. The City has been requested to address area -wide or "regional" aspects to the project. Any project that is approved will result in bringing people from one locale to another. The City will do and has done its share in responding to and mitigating project impacts, not only from this project but from previous projects. The City's adopted General Plan, the approved Northwest environmental impact report, the Price Club environmental impact report and the Wal -Mart environmental impact report all of which have been considered by the Council and which have been relied upon and utilized by the council, and which are incorporated in this Resolution, all address the impacts of traffic coming into Rohnert Park. With regard to these impacts, the City is implementing the responses set forth in those environmental impact reports and it is participating with local and regional agencies and the State of California in solving these problems. The City is willing to participate in any reasonable programs to help solve traffic problem in the vicinity of Rohnert Park. The solution, however, must be addressed by agencies in addition to Rohnert Park because of the magnitude of the response and the limited jurisdiction and authority of the City. X Statement of Overriding Consideration The City Council has balanced the benefits of the proposed 15 project against its unavoidable environmental risks in determining to approve the project. The City Council also finds that the significant environmental risks can be mitigated at least in part except for additional congestion in the U. S. Highway 101 corridor. In determining to proceed with the project the City Council has considered the roadway improvements it has sponsored or participated in to assist in mitigating traffic problems to date. The City has built the connector road between Commerce Boulevard and South Santa Rosa Avenue. It has assisted in the extension of the Rohnert Expressway to Stony Point Road. It has participated in and encouraged the improvements at Wilfred Avenue overcrossing. The City supports county improvements of Stony Point Road and Petaluma Road. It has plans for another crossing of U.S. Highway No. 101 at State Farm Drive /Business Park Drive. It has improved the frontage roads on either side of U.S. Highway No. 101 as those roads traverse Rohnert Park The City is also aware of the budget constraints upon the state and the county as well as its own budget and financial problems. To address municipal problems a tax base is required. The tax base has provided some of the funds necessary to install the improvements necessary to mitigate the effects of those projects. The City Council now relies to a substantial degree on sales tax revenues because the real property rolls are held at lower market levels since the implementation of Proposition 13. Commercial development requires a lesser amount of city services per unit of space than residential uses. It provides more revenue per unit of space than residential areas. Except for traffic that will come to the project area for business purposes, commercial development makes less demand on city water, sewer, police and fire and other city services than a comparable area of residential use. Commercial uses also provide a source of employment for city residents and the uses do generate substantial revenue to the city in sales and other taxes, and salaries taxed and spent in the city that help fund the services the residents demand. 16 For most of its first 20 years, Rohnert Park was mostly residential. Residential uses were unable to generate the revenues needed to fund the roadway improvements, the recreation and other activities, including the arts, that city now enjoys. The Council is not unmindful of the fact that growth causes problems. However, the Council does not create the demand; rather it responds to it, and the facility proposed will not only serve existing community needs, but it will also provide a means to pay for them. IT IS THEREFORE RESOLVED by the Rohnert Park City Council that the DEIRHDP be approved and certified as the Final Environmental Impact Report for the Home Depot Project, " FEIRHDP," and that the City Manager be and he is hereby authorized and directed to file a Notice of Determination as authorized by law. IT IS FURTHER RESOLVED that the Home Depot project as proposed in the DEIRHDP and as approved in the FEIRHDP and in this Resolution be approved subject to the submission of the appropriate applications by the proposed proponent, and approval by the City of the necessary design review, zoning and development approvals as required of other similarly situated applicants. In Council duly passed this 23rdday of July, 1991. Ayes: (3) Councilmembers Hollingsworth, Hopkins, Spiro Noes: (2) Councilmembers Reilly and Eck Absent: (0) None Abstain: (0) None Dated: July 23, 1991