HomeMy WebLinkAboutReso 2005-030 - Lowes
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RESOLUTION NO. 2005-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ADOPTING DETAILED FINDINGS TO APPROVE USE PERMIT
UP-9-04 AND ENVIRONMENTAL DOCUMENTS FOR THE LOWE'S
PROJECT
WHEREAS, on March 1,2005, after considering the environmental Mitigated Negative Declaration and its
supporting documentation and the staff report and other information in the record for Use Permit UP-9-04
(Lowe's) and after considering all testimonial and written evidence submitted prior to and during the public
hearing, the City Council voted to adopt the Mitigated Negative Declaration and Mitigation Monitoring
Program and approve Use Permit UP-9-04 subject to conditions of approval; and
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that the following
findings are appropriate and proper to support the preliminary decisions made on March 1, 2005:
CALIFORNIA ENVIRONMlENTAL QUALITY ACT (CEQA) FINDINGS
1. BASED ON THE WHOLE RECORD (INCLUDING THE INITIAL STUDY AND ANY SUPPORTING
DOCUMENTATION), THE CITY OF REDDING HAS DETERMINED THAT THERE IS NO SUBSTANTIAL
EVIDENCE THAT THE PROJECT WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.
Based on the incorporation ofthe following measures as mitigation measures and/or conditions of approval
for the use permit, the identified environmental impacts associated with the proposed project will be reduced
to a less-than-significant level:
AIR QUALITY
a. Contribute to traffic-flow improvements that are not growth-inducing, including the identified
traffic mitigations such as construction of the extension of Alfreda Way along the east.boundary
of the project and restriping the left-hand turn lanes at East Cypress Avenue and Victor Avenue.
b. Provide bike racks.
c. Construct a bus turn-out and shelter adjacent to the project on East Cypress Avenue.
d. Design the project to maximize pedestrian access to nearby transit stops.
e. Apply nontoxic soil stabilizers according to the manufacturer's specification to all inactive
construction areas (previously graded areas inactive for ten days or more).
f.
Re-establish ground cover on the construction site through seeding and watering before final
occupancy.
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g. Suspend all grading operations when winds (as instantaneous gusts) exceed 20 miles per hour as
directed by the Shasta County Air Quality Management District.
h. Provide temporary traffic control (e.g., flag person) as appropriate during all phases of
construction to improve traffic flow.
1. Schedule construction activities that could affect traffic flow during off-peak hours.
J. Water active construction sites at least twice daily as directed by the Engineering Division.
k. Exposed stockpiles of soil and other backfill material shall either be covered, watered, or have soil
binders added to inhibit dust and wind erosion.
1. Cover all trucks hauling soil and other loose material or maintain at least two feet of freeboard
(i.e., minimum vertical di.stance between top of the load and the trailer) in accordance with the
requirements of CVC Section 23114. This provision is enforced by local law enforcement
agencIes.
m. Sweep streets at the end of the day ifvisible soil materials are carried onto adjacent public paved
streets (recommend water sweeper with reclaimed water).
n. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off
trucks and any equipment leaving the site on each trip.
The Initial Study prepared for Lowe's identified potentially significant impacts related to reactive organic
gases (RaG), and oxides of nitrogen (NOx)' resulting in the need for the above-listed Standard Mitigation
Measures (SMM) and Best Available Mitigation Measures (BAMM). The Council finds that the mitigation
measures would reduce identified Air Quality impacts to a level less than significant.
TRAFFIC CIRCULATION
o. Construction of a dedicated westbound right-turn lane on East Cypress Avenue at the intersection
of Victor Avenue and East Cypress Avenue. This will include dedication ofthe comer rounding
and additional right-of way, as necessary; installation of 16 feet of paving, including a 12-foot-
wide turn lane and a 4-foot-wide paved shoulder, with an AC berm; and relocation of the existing
signal standard, if necessary. .
p. Restripe the northbound left turn lane on Victor Avenue at the intersection of Victor Avenue and
East Cypress Avenue to accommodate a queue length of 150 feet.
q. Restripe the eastbound left-turn lane on East Cypress Avenue at the intersection of Victor Avenue
and East Cypress Avenue to accommodate a queue length of 300 feet.
r. In order to mitigate for the change in the level of service (LOS) for the intersection of Victor
A venue and Hartnell Avenue from LOS "C" to LOS "0" due to the increased traffic generated by
the Lowe's project, the following mitigation measure (No.6) will be applied:
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s. Change the signalization for the intersection of Victor Avenue and Hartnell A venue to allow for
a southbound right-turn overlap to permit free right turns for southbound cars turning from Victor
Avenue onto Hartnell Avenue, while vehicles are making left-turn movements from Hartnell
A venue onto Victor Avenue.
With incorporation of the measures above, the Council finds that potential impacts relating to traffic will have
a less-than-significant impact.
BIOLOGICAL RESOURCES
t. Prior to issuance of a grading or building permit, the applicant shall obtain a 404 Permit from the
U.S. Army Corps of Engi.neers for placing fill in the identified jurisdictional waters.
u. For filling in of wetlands, the applicant proposes providing compensatory mitigation for the losses
of waters of the United States through the purchase of mitigation credits at the Stillwater Plains
Mitigation Bank and/or through payment of an in-lieu mitigation fee.
v. The applicant proposes mitigation for the permanent loss of potential vernal-pool crustacean
through the purchase of mitigation credits, if necessary.
With incorporation of the measures above, the Council finds that potential impacts relating to biological
resources will have a less-than-significant impact.
2. THE MITIGATED NEGATIVE DECLARATION, WITH ITS SUPPORTING DOCUMENTATION, REFLECTS THE
INDEPENDENT JUDGMENT AND ANALYSIS OF THE LEAD AGENCY, WHICH IS THE CITY OF REDDING.
The Council finds that the Mitigated Negative Declaration, Mitigation Monitoring Program, and Initial Study
were prepared by staff of the City of Redding Development Services Department. In addition, consultant
studies, which constitute supporting documentation, were reviewed and revised under direction ofthe City.
In addition, the environmental studies were independently reviewed by City Engineering staff, including a
traffic engineer; the City Engineer; and a hydrologist. The studies were also distributed to and reviewed by
staff at Caltrans, whose comments wtrre considered and incorporated into the environmental documents and
City of Redding decision, where appropriate. The environmental studies on the issues of traffic, air quality,
biological resources, stormwater drainage, and economics were prepared by private professionals with
expertise and objectivity attributable to qualified professional consultants who hold contracts with both private
and public entities.
USE PERMIT FINDINGS
1. THE PROPOSED USE WILL NOT HE DETRIMENTAL TO THE HEALTH, SAFETY, AND GENERAL WELFARE
OF PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD OF SUCH PROPOSED USE.
The Council fmds that with approval of the General Plan amendment and rezoning, the proposed Lowe's
project will be located on property designated for regional commercial development. With the inclusion of
the property to the north of the site in the General Plan amendment and rezoning, the Lowe's site will be
surrounded primarily by commercial property. Conditions and mitigations have been incorporated into the
project to ensure that the use will not be detrimental to the neighborhood, including provisions for traffic
control and circulation improvements, air quality measures, and screening of outdoor loading areas.
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2. THE PROPOSED USE WILL NOT BE INJURIOUS OR DETRIMENTAL TO THE GENERAL WELFARE OF THE
CITY.
The Council finds that with the traffic control, biological, and air quality measures and other conditions
incorporated into the project, the proposed project will not result in impacts that would be injurious or
detrimental to the general welfare of the city.
3. THE PROPOSED USE IS CONSISTENT WITH THE GOALS AND POLICIES ESTABLISHED BY THE GENERAL
PLAN AND THE ZONING CODE.
GENERAL PLAN CONSISTENCY
The Council finds that the project is consistent with the City of Redding General Plan and Zoning Ordinance,
following individual goals and policies of the City's General Plan, including:
COMMUNITY DEVELOPMENT AND ][)ESIGN ELEMENT
CDD1: Encourage urban growth to occur within the City and provide a development pattern that
establishes an orderly urban service area.
The project will be located in an existing, urbanized commercial district. The project is an infill development,
consistent with the planned development pattern of the City of Redding.
CDDlO:
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Provide for a pattern of development that:
~ Promotes mixed-use developments.
~ Places employment, shopping, and other activity centers in or near residential
neighborhoods.
~ Encourages walking, bicycling, and transit use.
Provide for development of residential uses in conjunction with a mixture of local-serving retail
and service uses at appropriate locations.
Establish incentives for in.fill development and reuse of underutilized parcels in transit corridors.
Incorporate public transit stops and bus shelters in. the design of new development and
redevelopment of older projects when consistent with approved transit plans and policies. Ensure
safe and efficient access, particularly for handicapped individuals.
Provide comprehensive transportation facilities, including bicycle and pedestrian routes.
Integrate pedestrian and bicycle routes into developments to provide alternative access to public
and private parks and open space, transit stops, nearby commercial developments, and schools.
The project is a well-designed retail development in an area with a mix of residential and commercial uses.
The project is located along the East Cypress Avenue transit corridor, served by the Redding Area Bus
Authority. The project will install a bus stop on the East Cypress A venue frontage of the project. The store
also has bicycle racks to encourage alternative transportation.
CDDl3: Designate commercial lands in appropriate locations to meet the present and future needs of
Redding's residents and visitors and to improve the City's economic vitality.
l3A. Ensure that adequate commercial lands are identified on the General Plan Diagram to meet
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existing and projected market demand for local and regional commercial activity. Amendments
to the Diagram will be considered only when there is a demonstrated need for additional
commercial land. Demonstrating only that a particular location would be economically viable for
an intended use will not constitute sufficient grounds for a General Plan amendment.
13D. Require overall development plan approval for all shopping centers, including regional centers,
before allowing the development of individual uses within the center.
13E. Require regional centers to include a mix of uses such as recreation, specialty retail, restaurants,
offices, and accommodations for transit services and public uses.
The applicant has demonstrated through an economic study prepared by an independent consultant that, at this
time and for the near future, there is not an adequate supply ofland within the City designated for regional
commercial uses. The project site will be located within an existing retail area that will be designated for
regional commercial uses with approval of the General Plan amendment and rezoning. The project will be
incorporated into the existing shopping center development to the west of the site that includes a variety of
uses, including retail, restaurant, and office.
CDDI4: Encourage project development which is compatible with surrounding properties and which
improves the image of the City.
14A. Establish design and performance standards for commercial development to ensure that building
and site design are compatible with their surroundings in terms of scale, mass, building patterns,
building details, location of parking, signage, and landscape and enhance views from major
streets and other public areas.
14C. Require the design of large commercial projects, shopping centers, and regional-scale
developments to incorporate plazas, courtyards, and other outdoor gathering places and
connections to adjacent residential neighborhoods.
The project includes numerous design and architectural features, meeting the City's Commercial Design
Criteria. The project includes three public plaza areas totaling 9,850 square feet, where only 8,153 square feet
is required, as well as substantial roof and wall articulation.
CDD 15: Strike a balance between business needs to identify their location to the traveling public and the
impacts to the street scene that can result from excess or poorly designed signage.
15A. Ensure that the City's Sign Ordinance adequately addresses allowable sign area, placement, and
design parameters for signs.
The project will be required to provide a comprehensive sign plan that meets the City's Sign Ordinance.
TRANSPORTATION ELEMENT
Tl: Coordinate transportation and land use planning; protect existing and planned land uses from
transportation-related conflicts; promote multimodal transportation options.
1 A. Establish the followingpeak-hour LOS standards for transportation planning and project review:
~ Use LOS "C"-"acceptable delays"-for most arterial streets and their intersections.
~ Use LOS "D"-"tolerable delays"-for streets within the State highway system and
interchanges.
1 B. Require development projects to construct both on- and off-site improvements as necessary to
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mitigate the effects of increased traffic generated by the project and maintain peak-hour LOS
standards established by Policy T1A. The traffic analysis used to establish mitigating measures
shall be based on the City's Traffic Model or other City-approved method.
1 C. Obtain needed street right-ol-way dedications with ministerial projects and with the approval of
subdivisions, use permits, and other discretionary actions.
1 D. Encourage employers to provide incentives for employees utilizing alternatives to the single-
occupant automobile, such as car pools, van pools, buses, bicycling, and walking.
1 F. Route through truck traffic around existing and future residential neighborhoods and incompatible
commercial areas to the extent feasible.
T3: Build and maintain a safe and efficient local street system with the aim of meeting LOS Standards.
3A. Establish a system of street cross-sections that will:
~ Accommodate all improvements necessary to handle forecasted volumes at adopted LOS
standards.
~ Accommodate bicycles and transit facilities.
~ Attain the design objectives for streets as addressed in the Community Development and
Design Element.
3B. Require streets to be dedicated and improved in accordance with adopted street standards; allow
modifications to standard street sections when approved by the Planning Commission and City
Engineer.
3C. Maximize intersection and driveway spacing on arterial and collector streets. Require
sharedlcommon driveways wherever feasible.
3D. Provide right-turn lanes for arterial-to-arterial and arterial-to-collector intersections wherever
feasible.
3F. Assess fees on new development sufficient to cover the fair share portion of that development's
impacts on the local and regional transportation system. Exceptions may be when new
development generates significant public benefits (e.g., low-income housing, primary-wage-earner
employment), and alternative sources of funding for the improvements can be obtained to offset
foregone revenues.
T4: Ensure interagency and regional coordination with regard to transportation planning and
improvements.
4B. Work closely with Caltrans and the RTPA to ensure that State facilities which go through the
City-including SR 299, ~"'R 44, SR 273, Interstate 5, and intersections/interchanges that involve
those facilities-are maintained at an acceptable LOS as defined in this element.
4C. Encourage Caltrans and the RTPA to incorporate desired City design features (Intelligent
Transportation System programs, landscaped medians, Class II bike lanes, and detached
sidewalks) within State facilities that function as arterials and gateways through the City.
The traffic analysis completed for the project details the Level of Service at affected intersections, and the lack
of a significant, unmitigated traffic impact. The project includes the extension of a planned local street,
intersection improvements at East Cypress A venueNictor Avenue and Hartnell A venueNictor A venue and
installation of a traffic signal to ensure that adequate level-of-service standards are maintained. The project
will be required to pay the citywide traffic impact fee. The project encourages the use of alternative
transportation through the provision of bus stop and bicycle lock facility and pedestrian-oriented
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improvements. The project has only one driveway entrance on East Cypress A venue, sharing one driveway
entrance with the shopping center to the west.
T6: Provide an attractive, safe, and continuous system of sidewalks and other pedestrian facilities.
6A. Provide pedestrian-orientedfeatures, such as benches, enhanced landscape, and trash receptacles,
in commercial areas, particularly in the Downtown and Park Marina areas.
6B. Require new development to provide sidewalks or other pedestrian-dedicated facilities on both
sides of new public streets. Exceptions may be appropriate where topography is difficult,
proposed lots are of a rural or semi-rural nature, or where the development plan illustrates that
pedestrians will be accommodated by alternative means.
6F. Require all new or renovated pedestrian facilities to be of a sufficient width to ensure pedestrian
comfort and safety and to accommodate the special needs of the physically disabled.
T7: Ensure that sufficient, well-designed, and convenient on-street and off-street parkingfacilities are
provided to serve land uses throughout the City.
7B. Generally prohibit on-street parking on arterial streets outside the Downtown area to reduce
congestion and conflicts.
The project provides plaza areas with benches at the front of the store; enhanced landscape in the parking lot
and along the East Cypress Avenue frontage; an oak tree preservation plan; and trash receptacles. Sidewalks
are provided along the East Cypress A venue and Alfreda Way frontage, as well as pedestrian connections
from the streets to the building. Adequate parking is provided on-site and on-street parking on East Cypress
Avenue is prohibited.
T8: Make it easier and safer for people to travel by bicycle.
8G. Require new development to provide bicycle facilities or pay in-lieu fees based on the fair share
of that development's impacts on the bikeway system and needs identified on the Comprehensive
Bikeway Plan.
T9: Promote and maintain a public transit system that is safe, efficient, cost-effective, and responsive
to the needs of residents.
9C. Provide bus pull-outs along arterial streets at approximately l.f4-mile intervals or as indicated in
the Shasta County Transit Development Plan. Determine the precise locations during
development plan review or at the time of major street improvement or reconstruction.
9D. Require development to install passenger amenities at designated bus stops when identified as a
mitigating measure.
9E. Provide attractive, well-l(ghted, comfortable, and protected waiting areas for bus passengers.
The project will provide a bus-turnout area on East Cypress A venue, with a passenger waiting area and shelter
that will be attractively designed. Bicycle storage facilities will be provided on-site.
NATURAL RESOURCES ELEMENT
lB.
Minimize soil-erosion and sedimentation problems resulting from development activities; improve
the quality of storm water runoff.
Require development applicants to submit and receive Public Works Department approval for
erosion- and sediment-control plans prior to undertaking grading activities.
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1 C. Minimize soil erosion and sedimentation created during and after construction activities to the
fullest extent practicable, using Best Management Practices (BMPs).
lD. Make project monitoring and enforcement activities a priority to ensure that erosion-control
, measures are in place prior to the start of the rainy season andfunction properly and effectively:
· Installed properly.
· In place prior to the start of the rainy season.
· Functional and effective.
The proposed project incorporates erosion control plans required by both the City Engineer and the Regional
Water Quality Control Board, and embodied in the conditions of the use permit.
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Preserve and protect the significant habitats, plants, and wildlife that exist in the Planning Area.
Promote and facilitate habitat preservation, restoration, and enhancement.
The proposed project includes preservation of existing oaks on the property and within the Alfreda Way right-
of-way.
HEALTH AND SAFETY ELEMENT
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Minimize the loss of life, injury, and property damage due to seismic and geologic hazards.
Continue to require that new structures and alterations.to existing structures comply with the
seismic safety requirements of the Uniform Building Code (UBC); adopt updated provisions afthe
UBC related to seismic safety as they become available.
Protect the lives and property of residents and visitors from flood hazards.
Continue to utilize the Storm Drain Utility and Storm Drainage Construction Tax, or similar
measures, as funding mechanisms for necessary drainage improvements throughout the City.
Require new development to demonstrate that existing and/or planned (on- or off-site) drainage
facilities are sized to accommodate project storm runoff and to prevent off-site increase in peak
runoff rates and flood elevations.
The project incorporates improvements to a drainage channel that will minimize potential drainage problems
and flood hazards.
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6A.
Reduce the potentialfor criminal activity and vandalism through proper site design and land use
planning.
Encourage innovative site planning and design to deter criminal activity in new development.
Development of the site will preclude the illegal dumping activities that have taken place on the site in the
past. Lighting is also required in th(: parking lot, consistent with zoning standards, to discourage criminal
activity.
ECONOMIC DEVELOPMENT ELEMENT
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5B.
Maintain and expand Redding's influence as a regional retail trade center. .
Encourage proposals for major shopping, specialty retail, cultural, entertainment, tourism, and
convention facilities that are regional in scope and which will strengthen Redding's position as
the North State hub for these activities.
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5D. Support efforts to increase the number of businesses operating in Redding to generate more sales
tax, transient occupancy tax, and business and personal property taxes.
The project will be a new regional-serving commercial use.
PUBLIC FACILITIES ELEMENT
PFl: Ensure that adequate public services and facilities are available to support development in an
efficient and orderly manner.
1A. Require that all new development, including major modifications to existing development,
construct necessary on-sUe infrastructure to serve the project in accordance with City standards.
lB. Require that all new development, including major modifications to existing development,
construct or provide a fair share contribution toward the construction of any off-site
improvements necessary to offset project impacts and/or support the project.
1D. Require that the provision of streets, sewer, electric, water, drainage, and other needed
infrastructure be coordinated in a logical manner between adjacent developments so as to reduce
design, construction and maintenance costs.
1 E. Require that infrastructure be designed and constructed to meet ultimate capacity needs, pursuant
to a master plan, so as to avoid the need for costly retrofitting.
The project will include relocation and extension of sewer and water lines, both on- and off-site traffic
improvements, and relocation of electric facilities. The site will have internal and external driveway
connections to adjacent commercial businesses. All infrastructure improvements will meet long-term
infrastructure plans.
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Maintain, and expand when necessary, a street system that allows all users to travel smoothly and
safely.
Establish the following thresholds for streets and intersections:
· Maintain a Level of Service "c" on all City roadways and intersections, except at those
locations identified within the Transportation Element, where a LOS "D" is appropriate.
Reconstruct existing streets as appropriate to comply with current design standards, whenfunding
becomes available. Such improvements may include, but are not limited to: paving, curbs, gutters,
sidewalks, signage, landscaping, lighting, raised medians, bikeways and bus pullouts.
The project will construct paving, curbs, gutter, sidewalk, landscape, and lighting on both East Cypress
Avenue and Alfreda Way project frontage, as well as a bus pull-out on the East Cypress Avenue frontage.
The project will also be responsible for construction of a median in East Cypress Avenue and improvements
to the intersection of East Cypress AvenueNictor Avenue and Hartnell AvenueNictor Avenue.
AIR QUALITY ELEMENT
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Effective communication, cooperation, and coordination in developing and implementing
community and regional air quality programs.
The City will require an air quality impact analysis using the recommended methods promulgated
by the Air Quality Management District (AQMD) for all projects that are subject to CEQA review
and which exceed emissions thresholds established by the AQMD.
The City should continue to support the upgrading and consolidation of transit services within the
metropolitan area to maximize the efficiency of transit services while minimizing the costs of
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transit services. This policy would also apply to small transit providers serving special groups
like seniors. Consolidating these services can increase ridership per vehicle and reduce miles
traveled.
Reduce motor vehicle trips and vehicle miles traveled and increase average vehicle ridership
(avr).
The City shall make air quality and mobility prime considerations when reviewing any proposed
change to the land use pattern. Such consideration shall include, as much as possible, increased
transit and pedestrian mobility. This step shall be part of the CEQA process and apply reasonable
Best Available Mitigation Measures (BAMM) to projects that exceed the significance thresholds
promulgated by the Air Quality Management District.
The City shall encourage compact infill development.
The City shall encourage projects within urban areas that will improve the effectiveness of the
transit system and will not adversely affect existing single-family development.
As a condition of project approval, the City shall require dedication of land for bus turnouts and
shelters at sites deemed appropriate and necessary.
Reduce particulate emissions from sources under the jurisdiction of the City.
The City will require measures to reduce particulate emissions from construction, grading, and
demolition to the maximum extent feasible.
An air quality analysis was required for the environmental documentation processed with the use permit. The
analysis resulted in the Air Quality mitigation measures identified in the Environmental Findings. These
measures are embodied in the conditions of approval for the use permit.
ZONING CODE CONSISTENCY
The Council finds that the proposed project meets the zoning standards established under Chapter 18.33 of
the Zoning Ordinance, including, but not limited to, minimum lot area, minimum lot frontage, minimum site
area, floor area ratio, building height, yards, loading areas, buffer yards, design criteria, landscape, parking,
storage, public plazas, screening of mechanical equipment, and tree preservation.
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4. THE PROPOSED USE AND PROJECT DESIGN ARE CONSISTENT WITH THE DESIGN GUIDELINES
ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL IN ACCORDANCE WITH SECTION 18.40.050,
DESIGN CRITERIA.
The site planlbuilding elevations incorporate the Commercial Design Criteria for site planning, parking and
circulation, public plazas, landscape, walls, screening, building massing, scale, and facade articulation.
BE IT FURTHER RESOLVED, the City Council of the City of Redding hereby finds and declares that the
above Findings are in evidence; adopts the Mitigated Negative Declaration and Mitigation Monitoring
Program; and approves Use Permit UP-9-04 subject to the conditions of approval.
BE IT FURTHER RESOLVED, by the City Council of the City of Redding that this resolution shall not
have the force and effect oflaw and shall not become effective unless and until Ordinance No. 2341 shall be
introduced, adopted, and thereafter becomes legally effective pursuant to the terms provided for in that
ordinance.
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I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting
of the City Council on the 1st day of March, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
COUNCIL MEMBERS: Dickerson, Stegall, and Mathena
COUNCIL MEMBERS: Murray
COUNCIL MEMBERS: Kight
COUNCIL MEMBERS: None
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ity Clerk
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