agenda minute clerk - willows · 2019-10-11 · adjustment file #lla-19-01. 1. a resolution of the...

PLANNING COMMISSION Robert Griffith, Chair

Jose Hansen, Vice Chair Dana Owens, Commissioner

Candis Woods, Commissioner Peggy White, Commissioner

CITY PLANNER Karen Mantele

MINUTE CLERK Maria Ehorn

CITY OF WILLOWS PLANNING COMMISSION AGENDA OCTOBER 16, 2019 1

201 North Lassen Street

Willows, CA 95988

(530) 934-7041

Willows Planning Commission Regular Meeting October 16, 2019

Willows City Hall

7:00 p.m.

Agenda

H

1. CALL TO ORDER – 7:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. PUBLIC COMMENT/WRITTEN COMMUNICATIONS

a. Public Comments:

Members of the public wishing to address the Commission on any item(s) not on the agenda may do so at this time when recognized by the Chair; however, no formal action will be taken unless a majority consensus of the Commission directs staff to place the item on a future agenda. Public is advised to limit discussion to one presentation per individual. While not required, please state your name and address for the record. (Oral communications will be limited to three minutes)

5. CONSENT AGENDA

Consent items are considered to be routine by the Planning Commission and will be enacted in one motion.There will be no separate discussion on these items unless a Commission Member requests, in which eventthe item will be removed from the consent agenda. It is recommended that the Commission:

a. Approval of minutes of the Regular Planning Commission Meetings held on August 21, 2019 and minutesof the September 25, 2019 Special Planning Commission Meeting.

Comments from the public are welcome. The Chair will allow an opportunity for comments related to Public Hearings and each action item on the agenda. Please limit comments to three minutes per topic, and one comment per person per topic. Once comments conclude, please allow the Commission the opportunity to continue its consideration of the item without interruption.

6. PUBLIC HEARING

a. Conduct a public hearing and upon conclusion, consider the adoption of the attached resolution forDesign Review file # DR-18-06 and Use Permit file #UP-18-07.

1. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS GRANTING MAJOR USEPERMIT (FILE #MUP-18-07)APPROVAL TO ALLOW A NEW 4,456 SF MCDONALDS FAST FOODRESTAURANT AND DESIGN REVIEW (FILE #DR-18-06) APPROVAL FOR BUILDING FAÇADETREATMENTS AND SITE IMPROVEMENTS FOR PROPERTY LOCATED AT 1401 W. WOOD STREET,ASSESSORS PARCEL NUMBER 017-210-050.

a. Conduct a public hearing and upon conclusion, consider the adoption of the attached resolution forapproving an addendum to the Certified Environmental Impact Report (EIR).

1. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS APPROVING ANADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE

CITY OF WILLOWS PLANNING COMMISSION AGENDA OCTOBER 16, 2019 2

WILLOWS WAL-MART SUPERCENTER PROJECT WHICH EIR INCLUDED ANALYSIS FOR A FAST FOOD RESTAURANT AND WHICH PROPOSED RESTAURANT PROJECT HAS BEEN DETERMINED WILL NOT REQUIRE THE PREPARATION OF A SUBSEQUENT EIR OR A SUPPLEMENT TO THE PREVIOUSLY CERTIFIED EIR FOR THE MCDONALDS FAST FOOD RESTUARANT LOCATED AT 1401 W. WOOD STREET ASSESSORS PARCEL NUMBER 017-210-050

2. COMMISSION/STAFF REPORTS/COMMENTS

7. Staff Reports/Comments:

8. Commission Reports/Comments

9. ADJOURNMENT

This agenda was posted on October 11, 2019

______________________________ Maria Ehorn, Minute Clerk

A complete agenda packet, including staff reports and back-up information, is available for public inspection during normal work hours at City Hall

or the Willows Public Library at 201 North Lassen Street in Willows or on the City’s website at www.cityofwillows.org.

In compliance with the Americans with Disabilities Act, the City of Willows will make available to members of the public any special assistance necessary to participate in this meeting. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). The public should contact the City Clerk’s office at 934-7041 to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

The City of Willows is an Equal Opportunity Provider

http://www.cityofwillows.org/

PLANNING COMMISSION MINUTES- AUGUST 21, 2019 1

ACTION MINUTES OF THE WILLOWS PLANNING COMMISSION REGULAR MEETING HELD AUGUST 21, 2019

Meeting audio is available at the City of Willows website. This is not a live feature. Audio recordings are posted the succeeding business day following the scheduled Planning Commission Meeting.

Please visit www.cityofwillows.org for free PodBean recordings.

1. Chair called the meeting to order at 7:00 p.m.

2. The meeting opened with the Pledge of Allegiance led by Commissioner Hansen

3. Roll Call:

Commissioners Present: Griffith, Hansen, White, Owens

Absent: Woods

Staff Present: Karen Mantele, Planner; Maria Ehorn, Minute Clerk

4. Public Comment/ Written Communications: No public comments or written communications.

5. Consent Agenda:

a. Approval of minutes of the Regular Planning Commission Meeting held on June 16, 2019.

Action:

Motion: Commissioner Hansen/Second: Commissioner Owens

Moved to approve the minutes of June 16, 2019 as presented.

The motion passed unanimously 4/0 carried by the following voice vote:

AYES: Griffith, Hansen, White, Owens

NOES:

ABSENT: Woods

ABSTAIN:

6. Public Hearing(s):

a. Conduct a public hearing and upon conclusion, consider the adoption of the attached resolution for Lot Line

Adjustment File #LLA-19-01.

1. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS APPROVING A LOT LINE

ADJUSTMENT (FILE#LLA-19-01) FOR PAUL HILL TO ADJUST TWO PROPERTY LINES FOR PROPERTY LOCATED

AT ASSESSORS PARCEL NUMBERS 002-081-009 & 002-081-003.

7:07 Public hearing opened. Jeff Williams commented.

7:08 Public hearing closed.

Action:

Motion: Commissioner White/Second: Commissioner Hansen

Moved by motion to approve the next resolution in line entitled, a resolution of the Planning Commission of the City of

Willows approving a lot line adjustment (File #LLA-19-01) for Paul Hill to adjust two property lines for property located

at Assessors Parcel Numbers 002-081-009 & 002-081-003.


PLANNING COMMISSION MINUTES- AUGUST 21, 2019 2



NOES:

ABSENT: Woods

ABSTAIN:

b. Conduct a public hearing and upon conclusion, consider the adoption of the attached resolution for Use Permit

File# NCUP-19-05.

1. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS APPROVING USE PERMIT (FILE

#UP-19-07) FOR PAUL HILL TO ALLOW ENLARGEMENT OF A NON CONFORMING USE FOR PROPERTY

LOCATED 336 N. MURDOCK AVENUE ASSESSORS PARCEL NUMBER 002-081-009.

7:15 Public hearing opened.


Action:

Motion: Commissioner Hansen/Second: Commissioner White


Willows approving use permit (file #up-19-07) for Paul Hill to allow enlargement of a non-conforming use for property

located 336 N. Murdock Avenue Assessors Parcel Number 002-081-009.



NOES:

ABSENT: Woods

ABSTAIN:

7. Commission/Staff Reports/Comments:

a. Staff Reports/Comments: Ms. Mantele gave brief update/status of upcoming and ongoing projects.

b. Commission Reports/Comments: Commissioners gave comments/reports on activities and various meetings they

attended.

8. Adjournment:

The Meeting was adjourned at 7:23 p.m.

BOB GRIFFITH – Chair

Maria Ehorn – Minute Clerk

PLANNING COMMISSION MINUTES- SEPTEMBER 25, 2019 1

ACTION MINUTES OF THE WILLOWS PLANNING COMMISSION SPECIAL MEETING HELD SEPTEMBER 25, 2019

Meeting audio is available at the City of Willows website. This is not a live feature. Audio recordings are posted the succeeding business day following the scheduled Planning Commission Meeting.

Please visit www.cityofwillows.org for free PodBean recordings.

1. Chair called the meeting to order at 4:00 p.m.

2. The meeting opened with the Pledge of Allegiance led by Commissioner White.

3. Roll Call:

Commissioners Present: Griffith, White, Owens, Woods

Absent: Hansen

Staff Present: Karen Mantele, Planner; Maria Ehorn, Minute Clerk

4. Public Comment/ Written Communications: No public comments or written communications

5. Public Hearing(s):

a. Conduct a public hearing and upon conclusion, consider the adoption of the attached resolution for Lot Line

Adjustment (File #LLA-19-03).

1. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS APPROVING A LOT LINE

ADJUSTMENT (FILE #LLA-19-03) FOR CALIFORNIA LAND INVESTORS, LLC TO ADJUST PROPERTY LINES FOR

ASSESSORS PARCEL NUMBERS 017-170-042, -043, -044, -045.

4:07 Public hearing opened.


Action:

Motion: Commissioner Woods/Second: Commissioner Owens

Moved by motion to approve the next resolution in line entitled, a resolution of the Planning Commission of the City

of Willows approving a lot line adjustment (File #LLA-19-03) for California Land Investors, LLC to adjust property lines

for Assessors Parcel Numbers 017-170-042, -043, -044, -045.


AYES: Griffith, Woods, White, Owens

NOES:

ABSENT: Hansen

ABSTAIN:

b. Conduct a public hearing and upon conclusion, consider the adoption of the attached resolution for Design

Review file # DR-19-05 and Use Permit file #UP-19-06.

1. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS GRANTING DESIGN REVIEW

APPROVAL (FILE #DR-19-05) TO CALIFORNIA LAND INVESTORS LLC TO IMPLEMENT EXTERIOR FAÇADE

TREATMENTS TO A NEW 47,467 SF INDUSTRIAL BUILDING FOR RUMIANO CHEESE COMPANY AND SITE

IMPROVEMENTS FOR THE PROJECT AND USE PERMIT APPROVAL (FILE #UP-19-06) TO ALLOW 1,214.83 SF

OF ADDITIONAL BUSINESS SIGNAGE FOR PROPERTY LOCATED AT ASSESSORS PARCEL NUMBER 017-170-

045.

4:41 Public hearing opened. Don Russel of Galloway & Associates spoke.



PLANNING COMMISSION MINUTES- SEPTEMBER 25, 2019 2

Action:

Motion: Commissioner Owens/Second: Commissioner Woods


Willows granting Design Review approval (File # DR-19-05) to California Land Investors LLC to implement exterior

facade treatments to a new 47,467 sf industrial building for Rumiano Cheese Company and site improvements for the

project and use permit approval (File# UP-19-06) to allow 1,214.83 sf of additional business signage for property

located at Assessors Parcel Number 017-170-045.


AYES: Griffith, White, Owens, Woods

NOES:

ABSENT: Hansen

ABSTAIN:

6. Commission/Staff Reports/Comments:

a. Staff Reports/Comments: Ms. Mantele gave brief update/status of upcoming and ongoing projects.

b. Commission Reports/Comments: Commissioners gave comments/reports on activities and various meetings

they attended.

7. Adjournment:

The Meeting was adjourned at 4:55 p.m.

BOB GRIFFITH – Chair

Maria Ehorn – Minute Clerk

Item #6a

Planning Commission Agenda Report: October 16, 2019

Project:

Applicant(s)/Owner:

Project Location:

Parcel No:

Zoning:

General Plan

Major Use Permit (File #MUP-18-07) New McDonalds Fast Food

Restaurant and Design Review (File# DR-18-06) Building Façade

Elements and project site improvements

PM Design Group/Mehmet Noyan

1401 W. Wood Street

017-210-050

CG/ML/PD (General Commercial/Light Manufacturing/Planned

Development) District

Commercial Industrial Combining

Project Description

The applicant, PM Design Group, on behalf of the property owner, has submitted a Planning application

for a Major Use Permit to allow a stand-alone fast food restaurant on a vacant 1.12 acre lot to be

developed, and a Design Review application for building façade elements and site improvements for the

project. The proposal is to develop the vacant parcel into a 4,456 SF fast food restaurant with 70 seats

and new site improvements including a double entry side-by-side drive-through layout, which according

to the applicant, allows for more vehicle staging and fewer impacts on parking and site entry points. The

drive-through bypass route allows pull forward customers direct access to parking which reduces the

volume of vehicles discharging directly into the public right of way. With the new side-by-side drive

through, 12 cars can stack from the cashier (1st window) to the entrance of the side-by-side drive through.

Additionally, site improvements include parking for the use, landscaping, site branding and signage.

Proposed hours of operation will be from 5:00 am to 12 am seven days a week. Periods of peak uses are

generally 6am-8am 11:30am-1pm; and 5pm-7pm. The restaurant will employ up to 12 people, with a

normal shift of between 5-8 people.

Review Process

This matter is before the Planning Commission pursuant to Section(s) 18.135; 18.105; 18.60; 18.70 and

Chapter 2.45 of the City of Willows Municipal Code.

Zoning

The project site is located within the westernmost portion of the City in a predominantly light industrial

and commercial area of the community. The site is bounded by two regional travel corridors with the I-5

freeway to the east and Wood Street (State Route 162) to the south. Along the project frontage, Wood

Street (State Route 162) is a major east-west corridor that extends through the City of Willows. The site

was formerly occupied by a Phillips 66 Gas Station from 1969 to 1992. Site investigations revealed that

the three underground storage tanks required remediation. Over a period of time monitoring wells were

put in place and later destroyed per the Glenn County Environmental Health Department requirements in

2003. The RWQCBD issued a letter of no further action required. This was analyzed in the EIR prepared

for the overall Walmart Expansion project in 2008, certified by the Willows City Council on March 7,

2006.

The project site is zoned CG/ML/PD District which is intended to be applied in areas where commercial

facilities are necessary for public service and convenience. The land uses permitted in the CG and ML

zoning districts include the full range of commercial retail and office and services, and light industrial

Page 1 of 65 McDonalds Major Use Permit & Design Review Project October 16, 2019 Planning Commission Agenda

uses. Conditionally permitted uses include a broader range of uses in both districts. The Planned

Development is intended to provide flexibility in land use intensity and design for uniquely situated

properties. Since this property has a PD overlay, all new development is subject to Use Permit approval

by the Planning Commission.

Zoning to the west and north is the same as the project site. South is Hwy 162/W. Wood Street and CH

zoning beyond the roadway. The Glenn County Airport lies across Wood Street to the south. Staff

confirmed that the project building and the 25 foots pole sign were not within any air traffic zone. Many

of the surrounding uses are commercial in nature (retail store, airport café, the water company, a tractor

business, Glenn County Mosquito & Vector Control). The existing Walmart Supercenter is located north

of the project site.

The proposed development meets the development regulations within the zoning districts regarding height

requirement, (20’ 9.5” at highest point), parking (34 required/35 proposed), minimum lot size, new

landscaping and building lot coverage (10%). The proposed project is consistent with uses allowed in the

Commercial-General/Light Manufacturing/Planned Development zone, subject to a use and design review

permit approvals.

General Plan Consistency

The General Plan Land Use designation for this site is Commercial Industrial combining pursuant to the

City’s General Plan Land Use Map. The proposed use is consistent with this designation, which

designation provides for general commercial uses or light industrial uses in areas where commercial

facilities are necessary for public service and convenience.

The Land Use Element of the General Plan include goals, objectives and policies on land use that are

relevant to the proposed project. They include; (1) DPS-2 Compatible Land Uses; (2) DPS-8 Economic

Vitality; (3) DPS-11 Airport Safety Zones, and (4) Commercial Development.

Use Permit Analysis:

As stated earlier, the subject property has a PD overlay which requires all development to obtain a Use

Permit from the Planning Commission. The applicant, on behalf of the property owner, has made

application for use of the property under the planned development code section for a 4,456 square foot fast

food restaurant. The project site will be altered with the addition of a new building and site improvements;

however, the certified EIR analyzed this, and determined that it was a less than significant impact, given

the urbanized nature of adjacent lands.

There are several chain fast food restaurants in the City of Willows, all located along Humboldt Avenue.

(Burger King, KFC, Taco Bell, McDonalds, Subway)

Findings are required to be made for approval of a use permit, which findings are found within the attached

draft resolution.

Findings of Fact

Based upon the facts and conclusions contained within this staff report the following findings must be

made in order to approve the applicant’s request for a Use Permit.

1. The proposed use is consistent with the goals, objectives, policies and programs of the city

of Willows general plan and any applicable design guidelines.

2. The proposed use conforms to applicable development standards and provisions of this

title and will not be detrimental to the public health, safety and welfare.

3. The physical location or placement of the use is compatible with the surrounding

neighborhood and does not pose a safety risk.


Project Analysis for Design Review (pursuant to Section 2.45.060

Competent Design: The plans prepared for this project were prepared by professional architects and

include architectural elevations of the commercial building, including the exterior design, floor layout,

and proposed color scheme of the building elements and treatments.

Relationship between Structures within the Development and between Structures and Site:

Although the approved project under the certified EIR did not include a proposed building design for

development of the fast-food restaurant pad, the Modified Project as a proposed (McDonald’s fast food

restaurant with a double drive-through) is consistent with the scale and building massing of this type of

retail development. The proposed McDonald’s restaurant would also take on the highway commercial

appearance and character seen in the surrounding commercial uses along Wood Street.

Relationship between Development and Neighborhood:

The proposed project was a planned addition to the vicinity and surrounding neighborhood. The new fast

food restaurant will augment and provide choices for the traveling public and users of the Walmart

Supercenter. There are no sensitive receptors (schools, residences, hospitals, etc.) adjacent to or near the

project site, and the project does not involve sensitive uses. Accordingly, impacts to sensitive receptors

from this proposal are considered to be less than significant.

Materials and Colors Used: The proposed building will have a “Desert Scheme” to the color

combination. The base building finish will be a fiber cement siding/hardie plank the color of “Timber

Bark”. The feature accent wall is a hardie panel system in an “Iron Ore” color. Storefront windows/knee

wall will be exterior tile in an “Absolute Black” color. A parapet fascia in two colors is proposed for roof

and awing accent. The earthtone colors proposed for the project are in keeping with the acceptable color

scheme per the Architectural Design Criteria.

Wall, Fences or Screening: No new fencing is proposed to be installed with this project. The waste

receptacles will be screened by a masonry wall with corrugated metal covered doors painted to match the

base building color. The trash enclosure is approximately 17’x14’ (238SF) as proposed and shown on the

site plan and includes a 24 SF recycle bin and a 24 SF trash bin. Waste is off-hauled by a contracted

refuse hauler. Landscaping will provide screening as well.

Drives, Parking and Circulation:

Since approval of the Certified EIR, the Walmart Supercenter is constructed and fully operational.

Improvements to the transportation network, including the signalization of intersections of W. Wood

Street at Airport Avenue, I-5 southbound ramps, and I-5 northbound ramps, were completed as part of

that project and are in place.

The entrance to the fast food restaurant will be gained off of W. Wood Street into the Walmart parking

lot. There are two driveways into the fast food restaurant parcel; one on the eastern subject property

boundary (39 feet wide) and one on the western subject property boundary (30 feet wide); both sufficient

in size to facilitate circulation of vehicles entering or leaving the site. The project proposes a double entry

side by side drive-through layout. This layout concept has been utilized by McDonalds in other cities as

staff has found out. The City of Chico has two double entry drive through McDonalds restaurants. There

are no fast food restaurants in Willows with this concept.

Access onto the site will also be available via an accessible sidewalk along W. Wood Street into the

McDonalds site.


The fast food restaurant proposes 70 seats inside the facility with no outside seating. The use would

require 34 parking spaces (22 regular spaces, 8 spaces for employees, 2 handicap spaces, and 1 loading

zone space). The site plan calls for 35 parking spaces.

McDonald product deliveries will circle the site clock wise off of W. Wood Street and go behind the

restaurant, and offload at the provided loading zone space next to the trash enclosure.

Utility Services:

All utilities for this development shall be placed underground and conditioned as such.

The City’s Waste Water Collection and Treatment Plant has a current capacity at its facility, operating at

66 percent.

The solid waste calculations under the modified Project as described in the Addendum, are conservative

and do not account for recycling measures that would be implemented by McDonald’s as part of its

normal restaurant operations. Additionally, even with this potential increase in solid waste generated by

the Modified Project, the current landfill as well as the future new solid waste facility are considered to

have sufficient capacity to accommodate the project’s solid waste generation.

Signs: The sign code allows for business signage based upon the linear building front distance. Based

upon the fact that the McDonalds building has two visible fronts (west and north) and two points of entry

into the facility, staff combined the short and long side for a total linear building frontage of 142 LF. This

would allow the restaurant a total of 213 square feet of business signage (using the factor of 1.5 times the

LF) with an additional allowance of 200 square feet for a double -sided pole sign.

Proposed business signage is comprised of two images; the M symbol and the letters McDonalds. See

table below on location of these two images (See signage attachment):

Type of Sign & SF

West The M symbol (14 SF)

The McDonalds lettering (32.84 SF)

East No signs

North The McDonalds lettering (32.84 SF)

South The M Symbol (14 SF)

The McDonalds lettering (32.84 SF)

At the entrance &

exit of drive thru

The M symbol

11 small signs (Thank You, Exit, Enter)

(19.166 SF)

TOTAL 145.686 square feet

The project proposes to install a pole sign on the eastern edge of the subject property. The initial

submittal proposed a 25-foot-high pole sign. The Comprehensive Sign Law Section 18.125.150A allows

for an 80-foot high pole sign and staff has obtained clearance from the County of Glenn Airport Division

for a sign height of 25 feet. That proposal has now changed to request a 50-foot-high pole sign. The

applicant has been informed that this height of a pole sign has not been approved.

The McDonalds” golden arches M symbol will be on top of the pole sign. The dimensions of the 25 foot-

high sign equate to approximately 79.16 SF for one-side, with a total of 158.32 SF combined for a two-

sided sign; meeting the allowed 200 SF for a double-sided sign.


Exterior Lighting: The project proposes installing exterior building lighting and pole light standards

within the parcel producing light for security and safety purposes, but which could result in glare at off-

site locations. However, this will be avoided as all lighting shall be installed so as not to reflect glare onto

adjacent property through the use of down-cast lighting and cut off-shields on light standards which block

direct illumination beyond the property line. The conditions of approval reflect this requirement. As

noted in the Certified EIR, a proposed fast food restaurant would include nighttime illumination and an

identification sign along the perimeter of the project site as part of development of a fast-food restaurant

pad.

Landscaping: New landscaping including trees, shrubs, and ground cover is proposed on all sides of the

subject parcel and will be installed per an approved irrigation and landscape plan. Landscape planters

will break up the parking and provide shading. Site landscaping design not only improves the visual

appearance of the site but also provides the areas required for bio-retention and water quality compliance

required by the State regulations. The landscape areas also provide an excellent source of screening for

the drive through along the entire north property line.

The project was reviewed internally by City departments and County and outside agencies for

comments/conditions which attached proposed conditions of approval reflect those comments.

Environmental Review and Analysis:

An environmental analysis was performed for the proposed commercial project, using the 2006 certified

EIR for the Walmart Expansion project as the master environmental document. CEQA establishes the

type of environmental documentation required when changes to a project occur after an EIR is certified.

Specifically, Section 15164(a) of the CEQA Guidelines states that:

The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some

changes or additions are necessary but none of the conditions described in Section 15162 calling for

preparation of a subsequent EIR have occurred.

Comparative Analysis of Modified Project Impacts

The Addendum prepared for this project evaluated the potential for the modified project to result in new or

substantially greater significant impacts compared to the impacts disclosed in the certified Willows Wal-

Mart EIR. (Final EIR)

The proposed modifications change did not require changes to the impact discussion, mitigation measures

or significance conclusions for several environmental topics analyzed in the Final EIR, since that document

analyzed grading of the entire 22 acre Walmart site, which included the 1.12-acre fast-food restaurant pad,

and that grading has already occurred resulting in a flat rough graded pad. The relevant topics included:

Agricultural Resources; Geology and Soils; Hydrology and Water Quality; Biological Resources; and

Cultural Resources. Potential impacts to these resources typically result from land use change, grading and

landform alteration, which were evaluated and have since been accomplished in conjunction with the

Walmart Expansion project.

The modified project remains a fast-food restaurant as anticipated by the Final EIR and requires minimal

precise grading to create final grades for the building pad, which would not substantially alter the existing

landform or cause new potential geotechnical, hydrological impacts, or impacts to biological or cultural

resources. Therefore, the proposed modifications would not result in new or more severe impacts in these

areas.


Because the proposed fast-food restaurant is larger than the one considered in the Final EIR, with circulation/access changes, other impacts were re-assessed: air quality and green house gas emissions, traffic generation, and tribal cultural resources (further discussion below). Additionally, to fully document whether hazardous materials were likely to affect the site , a Phase 1 site assessment was performed, and concluded that no hazardous conditions exist on the project site.

Greenhouse gas emissions (GHGs) were not required to be evaluated when the original project was approved, and its Environmental Impact Report certified. Because current California law now requires lead agencies to assess GHGs, and because the project proposes a larger building, the project’s GHG and air quality impacts were assessed using the current version of the California Emissions Estimator Model (CalEEMod). The model results showed that the project’s GHG emissions and air pollutant emissions would be less than significant, so no mitigation is required. However, a condition of approval is recommended to further align the project with California climate change goals.

Moreover, mitigation measures were included in the Final EIR to minimize air quality impacts associated with the Approved Project. These measures apply to future construction on the project site, and are included as conditions of approval for the proposed project.

Tribal Cultural Resources: Tribal cultural resources were introduced as a separate environmental topic in 2015 (CEQA Section 21080.3.1 et seq) A cultural resources assessment was prepared for the Final EIR that included a literature search of historical and prehistoric cultural resources in the project area. The records search showed that there is a low potential to encounter surface and/or subsurface prehistoric archaeological resources. No Native American (NA) resources were encountered during the site grading for the Walmart expansion.

(2) The Modified Project would result in development within the same general footprint and depth as that of the Approved Project, and minimal excavation planned. Therefore, the Modified Project is not anticipated to cause any new impacts associated with NA resources.

Additionally: Mitigation Measures were included in the Certified EIR to reduce impacts to cultural resources, if encountered during implementation of the Approved Project, and would be similarly applied for tribal cultural resources. As such, mitigation measures would continue to be implemented as part of the Modified Project and are included within the Resolution and Conditions of Approval.

These measures are contained within the attached conditions of approval and Exhibit B. The full copy of the certified EIR is available upon request or can be found at:

https://www.cityofwillows.org/assets/resources/Willows-Walmart-Project-FEIR-Final-Environmental-Impact-Report.pdf

In accordance with Section 18.135.030 notice of this public hearing was published in the local newspaper ten (10) days prior to the public hearing and all property owners as indicated on the latest secured Assessor’s records within 400 feet of the subject property were sent notice of the hearing.

STAFF RECOMMENDATION: Staff recommends adoption of (1) the attached draft resolution recommending approval for a Major Use Permit for a new 4,456 SF commercial building and Design Review approval to install exterior façade and site improvements for the new commercial building, subject to the conditions of approval as shown in Attachment #3, and


https://www.cityofwillows.org/assets/resources/Willows-Walmart-Project-FEIR-Final-Environmental-Impact-Report.pdf

(2) the attached draft resolution recommending approval of the Environmental Document (Addendum)prepared for the fast food restaurant project.

PLANNING COMMISSION OPTIONS:

1) Recommend approval of the Major Use Permit/Design Review proposal and subject to Conditionsof Approval as described in Attachment 3

2) Recommend approval of the Addendum

3) Deny the Major Use Permit/Design Review application with appropriate findings for denial4) Deny the Addendum prepared for the project with appropriate findings for denial

Attachments:

1. Draft Planning Commission Resolution for MUP & DR2. Draft Planning Commission Resolution for Environmental Document/ Addendum to EIR3. Addendum to EIR4. Proposed Conditions of Approval5. Area Site Plan6. Project Site Plan7. Interior Floor Plan

8. Color Elevations9. Landscaping Plan10. Sign Plan

THE APPLICANT IS REMINDED THAT THERE IS A 10 (TEN) DAY APPEAL PERIOD FOLLOWING THE PLANNING COMMISSION DECISION ON THE USE PERMIT per section 18.125.200(3)

c:J Parcel Boundary

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ATTACHMENT 1

Draft Resolution for Use Permit and Design Review

PC RESOLUTION NO. _______-2019

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS

GRANTING MAJOR USE PERMIT (FILE #MUP-18-07) APPROVAL TO ALLOW A

NEW 4,456 SF MCDONALDS FAST FOOD RESTAURANT AND DESIGN REVIEW

(FILE #DR-18-06) APPROVAL FOR BUILDING FAÇADE TREATMENTS AND SITE

IMPROVEMENTS FOR PROPERTY LOCATED AT 1401 W. WOOD STREET,

ASSESSORS PARCEL NUMBER 017-210-050

WHEREAS, the applicant, PM Design Group on behalf of the property owner, has filed a Major

Conditional Use Permit planning application to allow construction of a new 4,456 square foot fast food

restaurant building with a double entry drive through layout on a 1.12-acre vacant parcel zoned CG/ML/PD;

and,

WHEREAS, per Section 18.105.020 PD (Planned Development) as the parcel has a PD overlay and

code requires new development within a combining district to obtain a Use Permit from the Planning

Commission; and

WHEREAS, per WMC Section 2.45.030 new commercial buildings and site improvements require

Design Review approval; and

WHEREAS, notice of the Planning Commission meeting to hear the Use Permit held on October

16, 2019, was published in a local newspaper of general circulation in the City in accordance with law, and

mailing to property owners within 400 feet were sent; and,

WHEREAS, the Planning Commission did, on October 16, 2019, hold a public hearing to consider

all public oral and written comments, letters and documents, staff reports, and all other documents and

evidence which are a part of the Record; and,

WHEREAS, the Planning Commission has reviewed all evidence submitted in connection with the

application, including public testimony, staff report, supporting documentation, City codes and regulations,

and all other relevant documents and evidence which are part of the record of proceedings; and,

WHEREAS, the Planning Commission does finds that the proposed use is consistent with the

purposes of the district in which the site is located, as development is permitted in a combined zoning

district per Section 18.105 with Use Permit approval from the Planning Commission; and

WHEREAS, the Planning Commission does find that the proposed use of property as development

of a fast food restaurant is consistent with the goals, objectives, policies and programs of the City of Willows

General Plan and any applicable design guidelines as the property is located within the Commercial

Industrial Combining designation, which allows for general commercial uses or light industrial uses that

serve the public; and

WHEREAS, the Planning Commission does find that the proposed project conforms to applicable

development standards and provisions of this title and will not be detrimental to the public health, safety

and welfare, as conditions of approval shall provide standards to adhere to.


NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Willows

does hereby find that the Major Use Permit request to allow a fast food restaurant and Design Review

proposal to install building façade treatments with new site improvements for the New McDonalds Fast

Food Restaurant Project, is consistent with the City of Willows General Plan, the City of Willows Municipal

Code, and hereby approves Major Use Permit (MUP-18-07) and Design Review (DR-18-06), subject to the

attached conditions of approval set forth in Attachment #4, and site plan/floor plan, and elevations,

Attachments #6-8.

IT IS HEREBY CERTIFIED that the foregoing Resolution was duly adopted at a regular meeting of the

Planning Commission of the City of Willows on Wednesday, the 16th day of October, 2019 by the following

vote, to wit:

AYES _______

NOES ___________

ABSTAIN __________

ABSENT ___________

APPROVED: ________________________

Robert Griffith, Chairperson

ATTEST: _______________________________

Maria Ehorn, Recording Secretary


ATTACHMENT 2

Draft Environmental Resolution

PC RESOLUTION NO. _______-2019

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WILLOWS APPROVING AN

ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE

WILLOWS WAL-MART SUPERCENTER PROJECT WHICH EIR INCLUDED ANALYSIS FOR A FAST

FOOD RESTAURANT AND WHICH PROPOSED RESTAURANT PROJECT HAS BEEN DETERMINED

WILL NOT REQUIRE THE PREPARATION OF A SUBSEQUENT EIR OR A SUPPLEMENT TO THE

PREVIOUSLY CERTIFIED EIR FOR THE MCDONALDS FAST FOOD RESTUARANT LOCATED AT 1401

W. WOOD STREET ASSESSORS PARCEL NUMBER 017-210-050

WHEREAS, The City of Willows previously certified an EIR (SCH# 2004062128) for the construction of a

193,459 sq.ft Wal-Mart Super Center pursuant to Section 15164 of the California Environmental Quality Act (CEQA)

which was adopted by resolution of the City Council of the City of Willows on March 7, 2006; and

WHEREAS, the certified EIR analyzed a future retail pad/fast food restaurant of approximately 3,200 square

foot on an adjacent parcel to Walmart; and

WHEREAS, the proposed new McDonalds fast food restaurant has increased from the EIR analysis by 1,256

square foot resulting in a proposed 4,456 square foot restaurant with a double entry lane drive-through layout; and

WHEREAS, under CEQA, lead agencies must conduct a fact-based evaluation of proposed changes to a

project in order to determine whether further environmental analysis is required, pursuant to Public Resources Code

Section 21166 and California Code of Regulations, Title 14, Chapter 3 (CEQA Guidelines) Section 15162; and

WHEREAS, once an EIR has been completed for a project, a lead agency may not require preparation of a

subsequent EIR unless the conditions set forth in Public Resources Code Section 21166 and CEQA Guidelines

Section 15162 are satisfied; and

WHEREAS, Section 15164(a) of the CEQA Guidelines also authorizes preparation of an addendum and also

states: “the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some

changes or additions are necessary but none of the conditions described in section 15162 call for the preparation of a

subsequent EIR have occurred”; and

WHEREAS, the Planning Commission finds that the proposed McDonald’s project as described in the

Modified Project would not expand beyond the area of direct impact which according to cultural resources surveys

indicate a low potential to encounter surface and/or subsurface archaeological resources. Accordingly, impacts

related to tribal cultural resources would be less than significant; and

WHEREAS, the changes in impacts due to the modifications proposed in the project or changed conditions

have been thoroughly evaluated and analyzed by comparison against the standards set forth as referenced above to

determine if an Addendum is appropriate or whether a subsequent EIR is required; and

WHEREAS, the Planning Commission of the City of Willows has analyzed the environmental factors that

could potentially be affected by this project, namely, Aesthetics, Agricultural Resources, Air Quality, Biological

Resources, Cultural Resources, Geology/soils, Hazards/Hazardous Materials, Hydrology/Water Quality, Land

Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Transportation/Traffic,

GHG, Tribal Cultural Resources, and Utilities/Service Systems, and


WHEREAS, the Planning Commission City of Willows has independently considered all the

aforementioned areas of environmental factors, for the current proposal which is to develop a vacant parcel with a

fast food restaurant, and find them to be less than significant impacts to the environment, and

WHEREAS, the Modified Project for the new McDonalds fast food restaurant has increased from the project

evaluated in the Walmart Expansion EIR analysis by 1.256 square feet, resulting in a proposed 4.456 square foot

restaurant with a double entry lane drive-through; and

WHEREAS, the previously adopted Mitigation Measures in the Walmart Expansion EIR apply to

development on the subject property; and

WHEREAS, as demonstrated by the analysis herein, the Modified Project would not result in any new

additional significant impacts, nor would it substantially increase the severity of previously anticipated significant

impacts. Rather, all of the impacts associated with the Modified Project are within the envelope of impacts addressed

in the Certified EIR and do not constitute a new or substantially increased significant impact. Based on this

determination, the Modified Project does not meet the requirements for preparation of a Subsequent or Supplemental

EIR pursuant to Section 15162 of the CEQA Guidelines; and

WHEREAS, the Planning Commission City of Willows finds and concludes that the proposed project does

not trigger any circumstance that would require preparation of a subsequent EIR under Public Resources Code Section

21166 or CEQA Guidelines Section 15162, and that an addendum is appropriate for the proposed project; and,

NOW THEREFORE, BE IT RESOLVED, that despite a nominal increase in building area for the future

restaurant use, the Addendum prepared for the McDonalds fast food restaurant project demonstrates that all of the

potential environmental impacts associated with the proposed modifications would be within the envelope of impacts

already evaluated in the Certified EIR; and

NOW THEREFORE, BE IT FURTHER RESOLVED, that the City of Willows has prepared an

Addendum to the previously Certified EIR, finding that minor changes have occurred to the project resulting in an

increase in square footage to the fast food restaurant analyzed in the certified EIR, and that none of the conditions

described in Section 15162 of the California Environmental Quality Act (CEQA) have occurred that warrant the

preparation of a subsequent EIR.

IT IS HEREBY CERTIFIED that the foregoing Resolution was duly adopted at a regular meeting of the

Planning Commission of the City of Willows on Wednesday, the 16th day of October 2019, by the following vote, to

wit:

AYES ____________

NOES ___________

ABSTAIN

ABSENT ___________

APPROVED: _____________________

Robert Griffith, Chairperson

__________________________

ATTEST: Maria Ehorn, Recording Secretary


ATTACHMENT 3

ADDENDUM TO EIR


ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE

MCDONALD’S FAST FOOD RESTAURANT PROJECT

Project Title: New McDonald’s Fast Food Restaurant Project FILE NUMBERS: MUP 18-07 & DR 18-06

Lead Agency Name and Address:

City of Willows 201 North Lassen Street Willows, CA 95988

Project Location: 1401 W. Wood Street Willows, CA 95988 APN: 017-210-050

Applicant/Property Owner and Address:

PM Design Group, Inc.3860 Broadway Street, Ste. 110 American Canyon, CA 94503/Mehmet F. Nolan & Cathy L. Nolan

General Plan Designation(s): Commercial Industrial Combining

Zoning: General Commercial/Light Manufacturing/Planned Development (CG/ML/PD)

Contact Person: Karen Mantele, Principal Planner

Phone Number: 530.934.7041

Date Prepared: October 09, 2019

Public Review Period: PRC Section 21166

Introduction/Background This document is an Addendum to the Environmental Impact Report (EIR) prepared for the Willows Walmart Project (State Clearinghouse No. 2004062128), which was certified by the City of Willows in March 2006 (Certified EIR). In accordance with the California Environmental Quality Act (CEQA), this Addendum analyzes proposed modifications (the Modified Project) to the Willows Walmart Project approved in 2006 (the Approved Project). As discussed in the Certified EIR, the Approved Project includes the replacement of an existing Walmart with an approximately 187,348 square foot Supercenter on 22 acres. The new Supercenter store included an additional 10 acres to the north and east to accommodate expanded retail for a grocery component, Tire and Lube Express, a garden center and a fuel station with 12 fueling positions. Additionally, the Approved Project also identified a future retail pad on the 1.12 acre out-parcel (48,964 square foot lot) along the Wood Street frontage for an approximately 3,200 square foot fast-food restaurant with a drive-through operation. As part of the Modified Project, PM Design Group (the Applicant on behalf of the property owner) proposes an increase of 1,256 square feet to accommodate a proposed 4,456 square foot fast-foot restaurant with a double entry lane drive-through. Despite a nominal increase in building area for the future restaurant use, this Addendum demonstrates that all of the potential environmental impacts associated with the proposed modifications would be within the envelope of impacts already evaluated in the Certified EIR.


CEQA Authority for Addendum CEQA establishes the type of environmental documentation required when changes to a project occur after an EIR is certified. Specifically, Section 15164(a) of the CEQA Guidelines states that:

The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.

Section 15162 of the CEQA Guidelines requires a Subsequent EIR when an MND has already been adopted or an EIR has been certified and one or more of the following circumstances exist: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR

or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken,

which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with

the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:

a. The project will have one or more significant effects not discussed in the previous EIR or negative

declaration;

b. Significant effects previously examined will be substantially more severe than show in the previous EIR;

c. Mitigation measures or alternatives previously found not be feasible would in fact be feasible, and

would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

d. Mitigation measures or alternatives which are considerably different from those analyzed in the

previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Likewise, California Public Resources Code (PRC) Section 21166 states that unless one or more of the following events occur, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency:

▪ Substantial changes are proposed in the project which will require major revisions of the environmental impact report;

▪ Substantial changes occur with respect to the circumstances under which the project is being

undertaken which will require major revisions in the environmental impact report; or

▪ New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available.

As demonstrated by the analysis herein, the Modified Project would not result in any new additional significant impacts, nor would it substantially increase the severity of previously anticipated significant impacts. Rather, all of the impacts associated with the Modified Project are within the envelope of impacts


addressed in the Certified EIR and do not constitute a new or substantially increased significant impact. Based on this determination, the Modified Project does not meet the requirements for preparation of a Subsequent or Supplemental EIR pursuant to Section 15162 of the CEQA Guidelines. Project Description A. Project Location and Existing Conditions The project site is located within the westernmost portion of the City in a predominantly light industrial and commercial area of the community. As shown on Figure 1 on page 5, the site is bounded by two regional travel corridors with the I-5 freeway to the east and Wood Street (State Route 162) to the south. Along the project frontage, Wood Street (State Route 162) is a major east-west corridor that extends through the City of Willows and into the northern Sacramento valley region. The project site, as shown on Figure 2 on page 4, is surrounded by agricultural uses to the north and west, the Glenn County Airport to the south and the I-5 freeway and commercial uses further east. Located in Glenn County, the City of Willows is approximately 85 miles north of Sacramento on Interstate 5. The majority of the City lies east of I-5 freeway and follows a traditional street grid pattern in its layout with a mix of residential/commercial/industrial uses, types and construction. B. Approved Project – Willows Walmart EIR The Approved Project Site is comprised of approximately 22 acres for the Walmart Supercenter which includes a newly created 0.9 acre parcel for a new fuel station in the southwest corner of the site. Table 1 shows a breakdown of separate uses included as part of the proposed Walmart Supercenter project. Separately, a 1.12 acre out-parcel had also been proposed for a 3,200 square-foot fast-food restaurant with a drive-through operation located adjacent to the proposed fuel station and along the Wood Street frontage. To accommodate the expansion of the Walmart Supercenter and the future fast-food restaurant, 10 acres of vacant and agricultural land were added to the north and east of the existing Walmart site. The proposed 187,348 square foot Walmart Supercenter will also accommodate expanded retail for a grocery component, Tire and Lube Express, a garden center and a fuel station with 12 fueling positions. In addition to development of the retail site, several off-site facilities that have been constructed in conjunction with the project which have included: expansion of the existing stormwater detention basin located west of the site to accept increased runoff from the project; widening and extension of North Airport Avenue along the western site boundary, and; the westward realignment of a short segment of County Road G and Airport Road south from Wood Street and State Route 162. In all, the project will occupy an area of approximately 30.0 acres with the addition of these off-site facilities.

Table 1 Comparison Between Existing and Proposed Floor Area at Project Site Under the Approved Projecta

Land Use Existing Floor Area Approved Project (Net New Floor Area)

Walmart Store 86,453 187,348b

Fueling Station - 12 fueling stations

Fast-Food Restaurant w/drive-thru - 3,200 a a Floor area calculations refer to floor area as defined in the Willows Wal-Mart EIR. All units are in square feet unless otherwise indicated.

b This Walmart Supercenter expansion include grocery, tire and lube facility and garden center.

Source: PM Design Group, Inc.


C. Modified Project As discussed in the Certified EIR, the Approved Project includes the replacement of an existing Walmart with an approximately 187,348 square foot Supercenter on 22 acres. The new Supercenter store included an additional 10 acres to the north and east to accommodate expanded retail for a grocery component, Tire and Lube Express, a garden center and a new fuel station with 12 fueling positions along the street frontage. Additionally, the project also identified a future retail pad on the 1.12 acre out-parcel along the Wood Street frontage for an approximately 3,200 square foot fast-food restaurant with a drive-through operation. However, in 2007, the City approved an EIR addendum for a reduced project to construct a 140,857 square foot Walmart facility instead, resulting in a decrease of 46,491 square feet from the original Approved Project as shown in Table 2. Subsequently, as part of the current Modified Project, the project applicant is seeking a second addendum to the Certified EIR, proposing an increase of 1,256 square feet to accommodate a 4,456 square foot fast-foot restaurant with a double drive-through. Despite a nominal increase in building area for the future restaurant use, this Addendum demonstrates that all of the potential environmental impacts associated with the proposed modifications would be within the envelope of impacts already evaluated in the Certified EIR.

Table 2 Summary of Proposed Modification

Approved Project Modified Project Change

Fast-Food Restaurant Pad: SF: 3,200 sf Walmart Supercenter (Proposed): SF: 187,348

McDonald’s: SF: 4,456 sf Walmart Supercenter (Built): SF: 140,857

Increase: SF: 1,256 sf Reduction: SF: 46,491

Source: PM Design Group, Inc.


Figure 1

Project Location Map


Figure 2

Walmart Supercenter Site Plan


Figure 3

McDonald’s Site Plan


Figure 4

McDonald’s Floor Plan


Figure 5

McDonald’s Building Elevations (West & South)


Figure 6

McDonald’s Building Elevations (East & North)


Comparative Analysis of Modified Project Impacts This Addendum evaluates the potential for the modified project to result in new or substantially greater significant impacts compared to the impacts disclosed in the certified Willows Wal-Mart EIR. The proposed modifications do not have the potential to change the regulatory framework, impact discussion, mitigation measures or significance conclusions for the following environmental topics analyzed in the adopted Final EIR: Agricultural Resources; Geology and Soils; Hydrology and Water Quality; Biological Resources; and Cultural Resources. Potential impacts to all of the environmental topics listed above result from grading and landform alteration. Since the Final EIR analyzed grading of the entire 22-acre Walmart site, which included the 1.12-acre fast-food restaurant pad, and that grading has already occurred resulting in a flat rough graded pad, all potential impacts to the environmental topics listed above have already been taken into account. The modified project requires minimal precise grading to create final grades of the proposed restaurant building pad, which would not substantially alter the existing landform or create new potential geotechnical impacts. Therefore, the proposed modifications would not result in new or more severe significant impacts. The proposed project modifications have the potential to cause or more severe operational impacts as a result of the proposed land use changes. The following sections analyze those potential impacts. A. Land Use Discussion: A substantial adverse effect on Land Use would occur if the implementation of the project would:

− Conflict with adopted environmental plans, policies, and goals of the community; or

− Result in a use substantially incompatible with the existing surrounding land uses. a. Consistency with Regulatory Framework: The requested entitlements for the Modified Project

include a Major Use Permit and a Design Review Permit, which is typically required for projects subject to the zoning designation of General Commercial/Light Industrial/ with a PD Overlay. All other aspects of the Approved Project are unchanged by the Modified Project and remain entitled under the Approved Project’s 2005 City Council approvals. As the Modified Project would be consistent with existing regulatory approvals of the project site, no other discretionary actions from the City of Willows would be required. Furthermore, the fast-food restaurant proposed under the Modified Project would be consistent with the land uses under the Approved Project. In addition, the building height and general location of the proposed McDonald’s restaurant would be similar to that under the Approved Project.

As discussed in detail in the Certified EIR, the proposed fast-food restaurant under the Approved Project is estimated to generate 1,591 daily trips, with 170 AM peak hour trips, and 111 PM peak hour trips after deducting for diverted trips, internal trips and net trips which are generated by the existing Walmart facility. According to an updated Traffic Report prepared by Kimley-Horn, the proposed McDonald’s restaurant under the Modified Project would generate an increase of approximately 9 AM peak-hour trips, 35 PM peak hour trips and 509 daily trips, representing a percent increase of 5, 32, and 32, respectively, above the Approved Project trip generation. Although the Modified Project would generate a net increase in the peak hour and daily trips, the potential traffic impact to the surrounding transportation facilities were not deemed to be significant as both local surface streets and state highway facilities (Wood Street/State Route 162 and Interstate 5) would not result in an exceedance of critical levels of service (LOS C or better for City streets and LOS D for State highway facilities) Based on the above, the Modified Project would not create any new impacts associated with land use consistency and any such impacts would be similar to those identified in the Certified EIR as


no new deficient levels of service would result. Thus, impacts related to land use consistency under the Modified Project would be less than significant.

b. Land Use Compatibility: The proposed McDonald’s restaurant with drive-through operation under the Modified Project would be consistent with the land uses under the Approved Project. Specifically, the Approved Project established this retail pad for a future fast-food restaurant with drive-through. In addition, the general location of the building, parking and circulation under the Modified Project would be similar to that of the Approved Project. Therefore, the Modified Project would not create any new impacts associated with land use compatibility and any such impacts would not exceed those identified in the Certified EIR. In addition, the Modified Project would not have the long-term effect of adversely altering a neighborhood or community through ongoing, disruption, division, or isolation.

Finding: The Willows Walmart FEIR evaluated the Approved Project’s potential for conflict with the General Plan and determined that impacts would be less than significant. As noted, the Modified Project is consistent with uses allowed in the Commercial-General/Light Manufacturing zone, subject to a use and design review permit. Accordingly, no impacts associated with land use goals or standards would result. B. Aesthetics Discussion: A substantial adverse effect to Visual Resources would result in the introduction of physical features that are not characteristic of the surrounding development, substantially change the natural landscape, substantially increase light/glare and shading, or obstruct an identified public scenic vista. a. Visual Quality/Views: The types of construction activities that would occur under the Modified

Project would be similar to those anticipated for the Approved Project. Thus, like the Approved Project, the Modified Project would not create any new aesthetics/visual quality impacts associated with short-term construction, and any such impacts would be similar to the less than significant impacts identified in the Certified EIR. Although the Approved Project did not include a proposed building design for development of the fast-food restaurant pad, the Modified Project as a proposed McDonald’s restaurant with a drive-through is consistent with the scale and building massing of this type of retail development. The proposed McDonald’s restaurant would also take on the highway commercial appearance and character seen in the surrounding commercial uses along Wood Street. The proposed architecture, colors and materials, are consistent with newly expanded Walmart and commercial development within the vicinity. Therefore, the Modified Project would not be out of character with the surroundings. No new or expanded significant impacts would occur.

b. Light, Glare, and Shading: The types and sources of lighting and glare under the Modified Project

would be the same as that under the Approved Project. As noted in the Certified EIR, the proposed McDonald’s restaurant would include nighttime illumination and an identification sign along the perimeter of the project site as part of development of the fast-food restaurant pad. Therefore, the Modified Project would not create any new impacts associated with artificial light, and any such impacts would be similar to those identified in the Certified EIR. Thus, lighting and glare impacts associated with the construction and operation of the Modified Project would be less than significant.

Maximum building heights and general building location under the Modified Project would be the same as under the Approved Project. Thus, any shade/shadow impacts would be less than significant under the Modified Project, similar to the Approved Project.


Finding: Based on the proposed McDonald’s restaurant, the anticipated visual impacts and associated light/glare and shading impacts resulting from the Modified Project would not exceed those evaluated in the Certified EIR. Accordingly, impacts related to the Aesthetics would be less than significant.

C. Traffic and Circulation Discussion: As noted, a Traffic Impact Study has been prepared for the proposed McDonald’s restaurant as part of the Modified Project.1 The following summarizes the results of the Traffic Impact Study and evaluates impacts of the McDonald’s Project in comparison with those of the Approved Project.

a. Operation

Since approval of the Certified EIR, the Walmart Supercenter is constructed and fully operational, albeit at a reduced-scale development than originally approved. Due to the reduction in the planned building expansion for the Walmart Supercenter from 187,348 square feet to 140,857 square feet that was constructed and completed in 2007, the identified traffic impacts noted in the July 2005 traffic study would be reduced as well. Improvements to the transportation network, including the signalization of intersections of West Wood Street at Airport Avenue, I-5 southbound ramps, and I-5 northbound ramps, have been completed. Table 3 below shows that the study intersections are currently operating at LOS A and LOS B during the AM and PM peak-hours.

Table 3 Existing (2019) Intersection Levels of Service

#

Intersection Traffic Control

AM Peak Hour PM Peak Hour

Delay (seconds)

LOS Delay

(seconds) LOS

1 Airport Ave/W Wood St Signal 14.4 B 19.0 B

2 I-5 SB Ramps/W Wood St Signal 6.2 A 6.5 A

3 I-5 NB Ramps/W Wood St Signal 7.9 A 8.1 A

4 Humboldt Ave/W Wood St Signal 12.0 B 12.8 B

5 Walmart Driveway/W Wood St SSSC 9.3 (SB) A 9.6 (SB) A

According to the trip generation analysis, the proposed McDonald’s project is estimated to generate 1,528 total new daily trips, with 144 new trips occurring during the AM peak-hour, and 95 new trips occurring during the PM peak-hour. Moreover, compared to the analysis previously conducted for the Walmart Supercenter project, the additional 1,250 square feet for a fast-food restaurant results in an additional 9 trips during the AM peak-hour and 35 trips during the PM peak-hour. Based upon these project trips during the peak-hour, Table 4 shows that the study intersection would continue to operate at acceptable levels of service from LOS A to LOS C with the addition of project traffic during the AM and PM peak-hours.

1 Kimley Horn, Inc., Traffic Impact Study, McDonald’s Willows, California, August 30, 2019. Attached as Appendix A.


Table 4 Existing (2019) Plus Proposed Project Intersection Levels of Service

#



Delay (seconds)

LOS Delay

(seconds) LOS

1 Airport Ave/W Wood St Signal 18.9 B 21.6 C





b. Cumulative Traffic Growth In order to estimate future traffic volumes at the study intersections, an ambient traffic growth factor was utilized in the July 2005 traffic study. An annual traffic growth factor of 1.27 percent, compounded annually, was first conservatively applied to existing (2005) baseline traffic volumes for the 20-year increment between existing and future near-term years (2025) in order to develop future baseline traffic volumes. However, for the purposes of the August 2019 traffic study, an annual growth rate of 1.5 percent was applied to existing (2019) traffic volumes to forecast near-term (2025) traffic conditions. Therefore, this growth rate is consistent with, and exceeds the annual growth rate of 1.27 percent utilized in the July 2005 traffic study to account for a more conservative near-term (2025) analysis conditions. Using these growth factors, Table 5 shows the following peak hour traffic associated with the proposed project where project trips were added to near-term (2025) traffic volumes and levels of service were determined at the study intersections. As noted in Table 5, the study intersections operate from LOS A to LOS C during the AM and PM peak-hours with the addition of the proposed project.

Table 5 Near-Term (2025) Plus Project Intersection Levels of Service

#



Delay (seconds)

LOS Delay

(seconds) LOS

1 Airport Ave/W Wood St Signal 19.2 B 21.2 C






c. Operational Traffic Impact

The analysis herein confirmed the following regarding the August 2019 traffic study (prepared by Kimley Horn) for the Modified Project:

− The baseline traffic conditions analyzed in the August 2019 traffic study adequately describe existing traffic conditions in the July 2005 Willow Walmart Traffic Impact Study;

− The project description for the Modified Project analyzed in the August 2019 traffic study adequately describes the project in the Certified EIR for traffic impact purposes;

− The near-term future conditions estimated in the August 2019 traffic study are conservative in light of previously anticipated cumulative traffic growth; and

− All project specific traffic impacts are considered to be less than significant for both existing (2019) plus project conditions and near-term (2025) plus project conditions.

d. Parking

The Approved Project was concluded in the Certified EIR to have a less than significant impact with regard to parking supply based on the determination that the proposed on-site parking for the fast-food restaurant would exceed the required parking spaces. As shown in Table 6, the Modified Project would similarly not trigger the need for further parking analysis as the on-site parking supply of 35 spaces would exceed the City code parking requirement of 34 spaces despite the reduction of one proposed parking space from the Approved Project. As such the Modified Project would not result in any new significant impacts or increase the severity of impacts already identified in the Certified EIR with regard to parking supply.

Table 6 Summary of Parking Requirements

Approved Project Modified Project Change

Fast-Food Restaurant Pad: SF: 3,200 sf Required Parking: 30 spaces Proposed Parking: 36 spaces

McDonald’s: SF: 4,456 sf Required Parking: 34 spaces Proposed Parking: 35 spaces

Increase: SF: 1,256 sf Increase: 4 required spaces Reduction: 1 proposed space

Source: PM Design Group, Inc, 2018.

Finding: The proposed McDonald’s with its expanded building footprint at 4,456 square feet will add incremental peak hour trips above those anticipated with Approved Project. However, the additional project trips associated with the Modified Project would not create a significant impact at study intersections within the vicinity of the project. Moreover, the Walmart Supercenter that was ultimately constructed was a reduced-scale development of 140,857 square feet, resulting in a reduction of approximately 46,491 square feet than the Approved Project, resulting in reduced traffic demand and impacts upon the transportation network. Therefore, the Modified project would not create new or additional impacts to traffic or change the analysis and conclusions in the Certified EIR. Similarly, the parking demand under the Modified Project would not exceed the available parking provided by the project and, as such, the Modified Project would not result in any new significant impacts associated with insufficient parking capacity. Additionally, the Modified Project’s access plan is unchanged from that of the Approved Project analyzed in the July 2005 traffic study, in terms of the number and general location of driveways and drive-through area. Since the Modified Project’s land use categories and access are the same as previously analyzed, it


was assumed that the project trip distribution patterns would remain as analyzed. In sum, the Approved Project analyzed in the July 2005 traffic study still adequately describes the currently proposed Modified Project in 2019 for traffic impact purposes. D. Noise Discussion: The Certified EIR evaluated the sound environment, including existing airport noise, transportation noise from I-5 and SR-162 roadway facilities for the entire Walmart site and identified significant short-term noise impacts resulting from construction activities. It was determined that application of Mitigation Measure 14 would reduce these temporary noise impacts to less than significant levels. Similarly, Mitigation Measure I4 would apply to the proposed project. a. Construction: Given that the Walmart expansion and other off-site improvements has already been

constructed and the project site do not require significant grading prior to construction, the overall impact of construction activities would be significantly reduced under the Modified Project. As a result, construction noise levels would be reduced and mostly limited along the frontage of Wood Street (SR- 162) and Interstate 5. Despite the overall noise reduction in comparison to the Approved Project, several noise sensitive uses in surrounding areas may be affected during hauling activities if they were to occur on weekends or outside of normal business hours on weekdays. As noted in the Certified EIR, any hauling which would occur on non-weekdays or outside normal daytime hours could result in a temporary significant noise impact.

b. Operation: As described in Section C - Traffic and Circulation, when compared with the Approved

Project, vehicle trips would be increased nominally to reflect the additional square footage of the Modified Project. According to the Certified EIR, traffic generated by the Approved Project would result in noise level increases of 0 to 1 dB along the nearby segments of SR-162 and Wood Street. As the projected daily trips for the Modified Project represent 132 percent of the Approved Project, the maximum 1.6 percent increase in the daily volumes under the Modified Project would result in an increase of a maximum of 0.1 dBA in traffic noise contribution. When compared to the Approved Project, the potential increase in the daily volumes under the Modified Project would not result in a significant increase in noise levels. Nonetheless, conservatively assuming a maximum noise increase of 1.0 dBA (0.9 dBA under the Approved Project plus 0.1 dBA associated with the additional increment under the Modified Project) in off-site traffic noise levels for a typical weekday would continue to be below the more stringent 5-dBA significance threshold set forth by the City of Willows. Therefore, the Modified Project would not create any new, or substantially increase identified, significant impacts associated with off-site roadway noise and any such impacts would be similar to those identified in the Certified EIR.

c. Mitigation Measures: The following measure was included in the Certified EIR to minimize noise

impacts associated with the Approved Project. This mitigation measure would continue to be implemented as part of the Modified Project.

Mitigation Measure I4: The hours of grading, demolition, and construction, as well as hauling of equipment, soil, demolition debris, shall be limited to 7 AM to 6 PM on weekdays only. No construction-related activity shall occur on Saturdays, Sundays or holidays, except that a special exemption for limited work on a specific Saturday may be granted upon a showing of extraordinary circumstances by the contractor, subject to the approval of the City Manager.

Finding: The Certified EIR evaluated the proposed Walmart development, including associated off-site improvements and other future retail services on-site (service station and a drive-through fast-food restaurant) and found that with incorporation of mitigation measures and adherence to City Code, no significant direct or indirect noise impacts were expected. Accordingly, noise impacts generated by the


Modified Project would not be substantially different from those examined by the Certified EIR, and would be less than significant.

E. Air Quality

Discussion: The project site lies within the Glenn County portion of the Northern Sacramento Valley Air Basin (NSVAB) and is under the jurisdiction of the Glenn County Air Pollution Control District (GCAPCD). City staff sent the project plans to the GCAPCD for review and has not received formal comments from them. The Glenn County portion of the NSVAB is a in Federal and State attainment for all criteria pollutants, including ozone, except for California-mandated maximum levels of particulate matter (PM10).2 The Northern Sacramento Valley Planning Area (NSVPA) 2018 Triennial Air Quality Attainment Plan (AQAP)3 identifies a general basin-wide framework for bringing the NSVAB into attainment with the National and California Ambient Air Quality Standards (AAQS); the basin’s air quality has been improving with implementation of the 2009 AQAP – ozone precursors (reactive organic gases (ROGs) and nitrogen oxides (NO2) are predicted to decrease by 32% and 16%, respectively, by approximately 2020 from 2010 levels.4 The GCAPCD is in compliance with the AQAP and no AQAP policies apply directly to the proposed project. The proposed project is consistent with the City of Willows General Plan designation and zoning for the site and is not anticipated to conflict with or obstruct the implementation of the AQAP. The California Emissions Estimator Model® (CalEEMod) v. 2016.3.2 (Excel-based computer model) was used to evaluate the project’s emissions. This computer modeling tool is designed to provide a uniform platform for government agencies, land-use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both construction and operations from a variety of land use projects. The model quantifies direct emissions from construction and operation activities (including vehicle use), as well as indirect emissions, such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. Further, the model identifies mitigation measures to reduce criteria pollutant and GHG emissions along with calculating the benefits achieved from measures chosen by the user. The model incorporates average emissions for specific land uses such as that proposed by the project (fast-food restaurant). For modeling purposes, construction is assumed to begin in late-2019, and the project is assumed to be operational by 2020. The model requires that particular dates are entered in order to estimate construction phases; if not specifically known, the model inserts default periods for each phase of construction. Construction and operation of the proposed project would generate particulate matter (PM10 and PM2.5), precursors of ozone (Volatile Organic Compounds (VOC)), Oxides of Nitrogen (NOx)), as well as other criteria pollutants. During construction, fugitive dust would be the primary source of PM10. Tailpipe emissions from construction equipment and vehicles traveling to and from the site (e.g., construction worker trips and deliveries) would be the primary source of VOC, NOx, PM2.5 and other criteria pollutants, including carbon monoxide (CO). Off-gassing of architectural coatings (e.g., paints and varnishes) would also be a source of VOC during construction. The primary source of air pollutants during project operation would be from tailpipe emissions from vehicles traveling to and from the site. Vehicle tailpipe emissions include VOC, NOx, CO, and to a lesser degree, particulate matter (PM10 and PM2.5). In addition to vehicle emissions, air pollutants would also be generated by stationary sources through the use of natural gas and electricity. Table 7 below lists the estimated project

2 California Air Resources Board, Area Designations Maps/State and National, available at

https://www.arb.ca.gov/desig/adm/adm.htm (accessed March 6, 2019). 3 The NSVAB and NSVPA encompass the same region. See Sacramento Valley Air Quality Engineering and Enforcement

Professionals (SVAQEEP), Northern Sacramento Valley Planning Area 2018 Triennial Air Quality Attainment Plan, (July 26, 2018), p. 3. 4 Id., p. 22.


https://www.arb.ca.gov/desig/adm/adm.htm

construction annual unmitigated emissions and Table 8 lists project operations emissions. Appendix B contains full CalEEMod results for summer, winter, and annual emissions.


Table 7 Summary of Peak Daily Unmitigated Construction Emissions On and Off-Site

ROG NOX CO SO2 Fugitive

PM10

Exhaust

PM10

Total

PM10

Fugitive

PM2.5

Exhaust

PM2.5

Total

PM2.5

Year Phase lbs/day

2019 Site Preparation

1.76 S2 19.52 W 27.77 S 0.02 S 5.45 SW

0.88 SW 6.34 SW 2.93 SW 0.81 SW 3.74 SW

2019 Grading 1.47 S 16.07 W 6.97 SW .015 SW 4.70 SW 0.74 SW 5.44 SW 7.95 SW 0.68 SW 3.19 SW

2019 Building Construction

1.91 S 11.62 W 11.90 S 0.21 S 0.02 SW 0.73 W 0.75 SW .01 SW 0.71 W 0.72 W

2020 Building Construction

1.72 S 10.88 W 1.72 S 0.02 SW 0.02 SW 0.63 W 0.65 W 0.01 SW 0.62 W 0.62 W

2020 Paving 0.91 S 8.50 W 9.39 S 0.01 S 0.12 SW 0.47 SW 0.58 SW 0.03 SW 0.43 SW 0.46 SW

2020 Architectural Coating

10.57 SW

1.68 SW 1.83 SW 0.002 SW 0.0 SW 0.11 SW 0.11 SW 0.0 SW 0.11 SW 0.11 SW

Peak Daily Total 10.57 SW

19.52 W 27.77 S 0.02 SW 5.45 SW 0.88 SW 6.34 SW 7.95 SW 0.81 SW 3.74 SW

Air District Threshold1

137 137 -- -- -- 80 -- -- -- --

Exceed Significance?

NO NO -- -- -- NO -- -- -- --

1 The GCAPCD has not established significance thresholds for land development projects. Glenn County APCD staff advised using Tehama County Air Quality Management District’s thresholds. See Guide for Assessing Air Quality Impacts, available at http://tehcoapcd.net/PDF/CEQA%20Handbook%20Mar%202015%20Final.pdf (accessed March 8, 2019).

2 S = Summer emissions; W = Winter emissions; SW – both Summer and Winter; -- = no quantified threshold

Table 8 Summary of Peak Daily Unmitigated Operational Emissions

ROG NOX CO SO2 PM10 PM2.5

Operational Activity lbs/day

On-site Area 0.12 S 0.0 SW 4.6000e-004 SW 0.00 SW 0.0 SW 0.0 SW

On-site Energy 0.03 S 0.25 SW 0.21 SW 1.51e-003 SW 0.02 SW 0.02 SW

Off-site Mobile 7.47 S 37.33 W 48.93 W 0.13 S 6.57 W 1.86 W

Peak Daily Total 7.62 S 37.58 W 49.14 W 0.13 S 6.59 W 1.88 W

Air District Threshold1 137 137 -- -- 80 --

Exceed Significance? NO NO -- -- NO --

1 The GCAPCD has not established significance thresholds for land development projects. Glenn County APCD staff advised using Tehama County Air Quality Management District’s thresholds. See Guide for Assessing Air Quality Impacts, available at

http://tehcoapcd.net/PDF/CEQA%20Handbook%20Mar%202015%20Final.pdf (accessed March 8, 2019).

S = Summer emissions; W = Winter emissions; -- = no quantified threshold


http://tehcoapcd.net/PDF/CEQA%20Handbook%20Mar%202015%20Final.pdf

http://tehcoapcd.net/PDF/CEQA%20Handbook%20Mar%202015%20Final.pdf

The GCAPCD has not established significance thresholds for criteria pollutants. In the absence of specific thresholds, guidance from a nearby air basin may be used.5 Tehama County, immediately north of Glenn County, uses the thresholds listed in Tables 7 and 8. Emissions values that exceed these thresholds are considered significant. Tables 7 and 8 show that project construction and operational emissions do not exceed the recommended thresholds. Nonetheless, particulate matter is a significant contributor to air pollution. The Glenn County AQMD advises the provisions in Mitigation Measure J-1 below to ensure that PM10 emissions during construction are maintained below significant levels. Generally, with compliance with GCAPCD rules and regulations and adherence to mitigation measures, neither construction or operation of the project would cause significant impacts related to criteria air pollutants or air quality standards. There are no sensitive receptors (schools, residences, hospitals, etc.) adjacent to or near the project site, and the project does not involve sensitive uses. Accordingly, impacts to sensitive receptors from this proposal are considered to be less than significant. Mitigation Measures: The following measures were included in the EIR to minimize air quality impacts associated with the Approved Project. These mitigation measures would be required as conditions of approval for the proposed project. Remaining impacts are anticipated to be less than significant.

J-1. Dust control measures shall be implemented to reduce PM10 emissions during demolition, grading and construction.

J-3. Standard Mitigation Measures and Best Available Mitigation Measures for commercial

development shall be implemented. J-7. The fast-food restaurant in the project shall locate kitchen exhaust vents in accordance with

accepted engineering practice and shall install exhaust filtration systems or other accepted methods of odor reduction.

Finding: The Certified EIR evaluated the proposed Walmart development, including associated off-site improvements and other proposed future retail services on-site (service station and a drive-through fast-food restaurant) and found that incorporation of mitigation measures and adherence to City Code, no significant direct or indirect air quality impacts were expected. Accordingly, air quality impacts generated by the Modified Project would not be substantially different from those examined by the Certified EIR and would be less than significant.

5 Personal communication, Ian Ledbetter, Environmental Program Manager, Glenn County Air Pollution Control District (March 4, 2019).


F. Greenhouse Gas Emissions Discussion:

“Greenhouse gases” (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as “global warming.” These greenhouse gases contribute to an increase in the temperature of the earth’s atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation. The principal greenhouse gases (GHGs) include carbon dioxide (CO2), methane, and nitrous oxide. Collectively, GHGs are measured as carbon dioxide equivalents (CO2e). Fossil fuel consumption in the transportation sector (on-road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions. California has passed several bills and former Governor Jerry Brown signed seven executive orders (EOs) regarding greenhouse gases. GHG statues and EOs include Assembly Bill (AB) 32, Senate Bill (SB) 1368, EO S-03-05, EO S-20-06, EO S-01-07, EO S-13-08, EO B-16-12, EO B-18-12, and EO B-30-15. Of these, AB 32, the California Global Warming Solutions Act of 2006, mandates that California’s GHG emissions be reduced to 1990 levels by 2020, and tasks the California Air Resources Board (CARB) with regulating GHG emissions as well as coordinating with other state agencies to implement AB 32’s reduction goals. EO S-3-05 provides a more long-range goal and requires an 80 percent reduction of GHGs from 1990 levels by 2050. On a per-capita basis, that means reducing annual emissions of 14 MTs of CO2 equivalent for every person in California down to approximately 10 MTs per person by 2020. Issued in 2015, EO-B-30-15 sets an increasingly-aggressive GHG-emissions target for 2030, 40 percent below 1990 levels. EO-B-30-15 was codified by SB 32 in 2016, which also provided the CARB with additional direction for refining the Climate Change Scoping Plan, described below. Senate Bill 375 was adopted to link land use and transportation in a manner that would reduce vehicle miles traveled (VMT), thereby reducing GHG emissions. Under SB 375, the California Air Resources Board (CARB) is responsible for establishing GHG emission reduction targets and regional Metropolitan Planning Organizations (MPOs) are responsible for preparing and adopting “Sustainable Communities Strategies” that achieve CARB’s targets. To date, however, CARB has not established the GHG emission reduction targets and, as a result, the locally responsible MPO has not prepared a Sustainable Communities Strategy. The CARB’s 2008 Climate Change Scoping Plan, as amended, explains that reducing GHG emissions to 1990 levels means cutting approximately 30 percent from business-as-usual emissions levels projected for 2020, or about 15 percent from today’s levels. “Business as usual” generally describes a GHG emissions scenario that reflects the levels that would result if land development proceeded without implementing GHG-reduction measures. The Scoping Plan, and updates – the most recent in 2014 – set forth an array of strategies for reducing GHG emissions, categorized by economic sector. The 2015 EO cited previously adds to the Scoping Plan, setting forth five “pillars” for accomplishing GHG reduction, including (1) reducing today’s petroleum use in cars and trucks by up to 50 percent; (2) increasing from one-third to 50 percent our electricity derived from renewable sources; (3) doubling the energy efficiency savings achieved at existing buildings and making heating fuels cleaner; (4) reducing the release of methane, black carbon, and other short-lived climate pollutants; (5) managing farm and rangelands, forests and wetlands so they can store carbon; and (6) periodically updating the state's climate adaptation strategy: Safeguarding California.6 Both the Scoping Plan and the 2015 Pillars include policies and programs to be adopted by local agencies but do not set numeric “bright-line” GHG thresholds. The CARB is now preparing a second update to the Scoping Plan.7

6 California Environmental Protection Agency, Air Resources Board, The Governor's Climate Change Pillars: 2030 Greenhouse Gas

Reduction Goals, available at http://www.arb.ca.gov/cc/pillars/pillars.htm#pillars (accessed March 10, 2019). 7 California Environmental Protection Agency, California Air Resources Board, AB 32 Scoping Plan, available at

https://www.arb.ca.gov/cc/scopingplan/scopingplan.htm (accessed March 10, 2019).


http://www.arb.ca.gov/cc/pillars/pillars.htm#pillars

https://www.arb.ca.gov/cc/scopingplan/scopingplan.htm

A recent California Supreme Court decision, Center for Biological Diversity, et al. v. California Department of Fish and Wildlife (2015) Cal 4th 204, rehg. den. Feb. 17, 2016, criticized the “business-as-usual” method of determining greenhouse gas impact significance. Specifically, the Court held that this method is not to be used to set a hypothetical environmental baseline, and then to compare a proposed project’s emissions to that baseline. Further, the Court stated that agencies may determine whether a project is consistent with AB 32’s goals by evaluating whether a project complies with relevant regulations or regulatory programs, including local Climate Action Plans, which are designed to reduce GHG emissions (emphasis added). Agencies may also set numeric thresholds similar to those established for other air pollutants. Neither the Glenn County APCD nor the Tehama County APCD has established GHG thresholds. As noted above, the largest sources of emissions, including GHG emissions (primarily methane and CO2), attributable to the proposed project are the estimated vehicle trips. The proposed development would generate additional GHGs directly from construction equipment (short-term), electricity use, natural gas combustion, maintenance equipment, and indirectly from water delivery and wastewater transport. The CalEEMod model prepared for the project estimated that 1,602.73 metric tons (MT) of CO2eq per year (9,678.29 lbs/day) would be generated by project operations. With mitigation, particularly installing high-efficiency lighting (see Appendix B, CalEEMod annual emission report, Section 5.1, Mitigation Measures, Energy, Install High Efficiency Lighting), the model estimates that CO2eq emissions would be reduced by 22.04 lbs/day, or 0.23%, to 1,597.28 MT/year (9,656.25 lbs/day). Without a bright-line threshold to determine significance, the project’s CO2e emissions may or may not be significant per se, and it could be argued that any addition of CO2e to California’s emissions inventory is a significant impact. However, reducing the proposed project’s CO2eq emissions generally indicates compliance with California’s goals to minimize CO2e emissions. Recommended Condition of Approval F-1 below, in addition to applicable California Building Code requirements for energy conservation, would align this project with California’s climate change goals. Remaining impacts associated with GHG emissions and the project’s contribution to global climate change are anticipated to be less than significant. (a) (b)

F-1. (Recommended Condition of Approval) Building plans and construction documents shall specify that all interior and exterior lighting shall be high-efficiency lighting (LED or equivalent), meeting or exceeding Title 24 requirements.

Finding: Greenhouse gas emissions (GHGs) were not required to be evaluated when the original project was approved, and its Environmental Impact Report certified. The Glenn County Air Pollution Control District and the California Air Resources Board have not developed significance thresholds for GHGs. Because current California law now requires lead agencies to assess GHGs, the Addendum prepared for the project did so, determined that the project’s GHG emissions would be less than significant, but recommended a condition of approval that would further align the project with California climate change goals. G. Hazardous Materials Discussion: The types and locations of construction activities under the Modified Project would be similar to those under the Approved Project. In addition, the types of operational land uses proposed under the Modified Project would be the same as those evaluated under the Approved Project. Thus, the types of potential hazards associated with construction-related activities of the Modified Project would be the same as those evaluated for the Certified EIR. However, specific mitigations regarding retail, automotive services and service station operation of the Approved Project would not apply as they pertain to retail sale of household hazardous products, handling and disposal of hazardous automotive-based products, and storage and handling of gasoline. Additionally, a recent site assessment concluded that no hazardous conditions exist on the


current vacant site.8 Therefore, the Modified Project would not create any new impacts associated with the hazards and hazardous materials and any such impacts would be similar to those identified in the Certified EIR. Thus, like the Approved Project, impacts related to the hazards and hazardous materials under the Modified Project would be less than significant. Finding: The proposed McDonald’s operation as described in the Modified Project would not expose people or structures to substantial exposure to hazardous materials or conditions. Accordingly, impacts related to hazards and hazardous materials would be less than significant. H. Utilities Discussion: a. Water Supply: As discussed above, construction of the Walmart Supercenter expansion is

complete. As with the Approved Project, construction activities for the Modified Project would require minimal water and would not be expected to have any adverse impact on available water supplies or the existing water distribution system. Such impacts under the Modified Project would be less than significant and would be similar to those that would occur under the Approved Project.

The Modified Project would result in an increase of 1,256 square feet for the fast-food restaurant compared to the Approved Project. Based upon a calculation of the additional building area, the Modified Project would generate a maximum net new increase in water demand of approximately 1,738 gpd or 488 gpd more than the Approved Project. As with the Approved Project, the water demand calculations under the Modified Project are conservative and do not account for numerous water conservation measures that would be implemented and a recharged groundwater basin after several recent wet years that will provide sufficient water resources to serve the project and community growth. Therefore, the Modified Project would not result in any new water supply impacts and any such impacts would be less than significant.

b. Wastewater Collection and Treatment: As set forth in the Certified EIR, the wastewater system in

the project area is adequately sized to serve the project. According to the City wastewater collection and treatment system, the fast-food restaurant would be connected to the existing unused lateral off an 8-inch sanitary line in Wood Street. Overall, the Modified Project would result in a nominal increase in overall development compared to the Approved Project. Similar to the water demand calculations for the Approved Project, the wastewater generation of the Modified Project is conservatively assumed to be slightly higher as the water demand of the Modified Project. However, any increased demand from McDonald’s can be adequately served as the 8-inch line in Wood Street is currently unused and the sanitary main has surplus capacity, as current service demand is low on this main line. Additionally, the incremental wastewater flows generated by the Modified Project will be more than adequately served by the expanded treatment facility completed in 2006. Current plant capacity at this facility is operating at 66 percent. As such, the Modified Project would not result in any new impacts associated with new wastewater facility construction as was concluded in the Certified EIR. Thus, the Modified Project’s potential impacts related to wastewater would be less than significant

c. Solid Waste: The analysis of solid waste within the Certified EIR was prepared based on data from

Glenn County Public Works, Solid Waste Division which operates the only landfill in the region. At the time, the Glenn County Landfill which serves the incorporated cities of Willows and Orland as well as unincorporated areas of the County, had an estimated remaining capacity of 12 years based on approximately 100 tons per day (tpd). In 2009, with Glenn County’s landfill nearing capacity, the County decided to expand the landfill, thereby extending its use for another 25 years. The Glenn County Landfill is currently permitted to receive up to 200 tpd. However, due to increasing

8 James Worley, Phase I Environmental Site Assessment Report for the Proposed McDonald’s Restaurant Located at 470 North

Airport Road, City of Willows, County of Glenn, California, January 12, 2018. (Attached as Appendix C)


elevated costs in recent years, the County is expected to close the landfill by summer of 2020 when an anticipated new transfer station will be in operation to replace the current landfill. With an expected capacity of 250 tpd, the new transfer station facility demonstrates that sufficient disposal capacity is projected to accommodate the future demand generated within the City of Willows. As noted, the County will not have capacity issues, and the Modified Project’s solid waste disposal needs during construction would be similar to the Approved Project, construction of the Modified Project would not result in any new impacts associated with solid waste. Thus, the Modified Project would result in less than significant impacts associated with solid waste during construction. Since the Modified Project would result in increased building area compared to the Approved Project, a nominal increase in solid waste generation would occur as well. Based upon a calculation of the additional building area, the Modified Project would generate a maximum net new increase in solid waste generation of approximately 262 lbs per day or 74 lbs per day more than the Approved Project. As with the Approved Project, the solid waste calculations under the Modified Project are conservative and do not account for recycling measures that would be implemented by McDonald’s as part of its normal restaurant operations. Additionally, even with this potential increase in solid waste generated by the Modified Project, the current landfill as well as the future new solid waste facility are considered to have sufficient capacity to accommodate the project’s solid waste generation. Therefore, the Modified Project’s impacts associated with solid waste disposal capacity are anticipated to be less than significant.

Finding: No significant utility and service systems would be expected with the project, either directly or indirectly. For this Utilities and Service Systems category, the thresholds of significance would not be exceeded. I. Public Services Discussion: a. Police Protection: The Certified EIR determined the Approved Project would not significantly

impact police protection services for the project site during construction or operation. It could be anticipated that the County’s Sheriff’s Department could see an increase in demand for police protection services. However, the additional revenues generated by the Walmart expansion and a drive-through fast food restaurant, will enable the County to increase police protection as needed to reduce the potential impacts to less than significant levels.

Although the Modified Project would result in an increased building area from 3,200 to 4,456 square feet for the proposed McDonald’s restaurant, an increase of 1,256 square feet would not result in a significant impact to police protection services. As the larger building size will accommodate slightly more patrons to dine in the restaurant, the majority of customers will opt for the drive-through service which would represent approximately similar number of total daily customers served as under the Approved Project. Therefore, the Modified Project can be concluded as having less than significant impact for police protection services.

b. Fire Protection: The Certified EIR determined the Approved Project would not significantly impact

fire protection services for the project site during construction or operation. The Willows Fire Department could see an increase in the demand for fire protection services. However, as stated in the Certified EIR, the Approved Project will adhere to the California Building Code to ensure that project construction will be performed in accordance with all applicable fire protection requirements which include fire alarms, sprinklers, extinguishers, hydrants, adequate water supply, fire walls, and other fire protection measures.

The Modified Project would involve generally the same construction activities and would have the same construction methods and materials on a slightly larger building pad to accommodate the additional 1,256 square foot building area. This increase in building area will not alter application of current codes and ordinance requirements for construction, access, water mains, fire flows, and


fire hydrants. Therefore, the Modified Project can be concluded as having a less than significant impact.

c. Schools: Construction and operation of the Approved Project would not increase the number of

students attending local schools. Like the Approved Project, the Modified Project would not directly increase the number of students attending local schools and thus, the Modified Project’s impact with respect to schools would be the same as the Approved Project and, like the Approved Project, would have no impact.

d. Parks: The Approved Project did not displace existing or proposed public parkland, nor create a

new demand on parkland use. Similarly, the Modified Project would not include any land uses that could increase demand for parks and recreation. Therefore, the Modified Project would have the same impact on parks and recreation as the Approved Project and can be concluded as having no impact.

Finding: The Certified EIR evaluated the Approved Project for impacts associated with public services, and determined that impacts were less than significant. The Modified Project would not change this conclusion as any potential increase in demand for public services would be addressed through the payment of established impact fees and future planned capacity service improvements. Accordingly, impacts to public services from the Modified Project would not be materially different from those considered by the Certified EIR and would be less than significant. J. Tribal Cultural Resources

Discussion: Assembly Bill (AB) 52, which was approved in September 2014 and effective on July 1, 2015, requires that CEQA lead agencies consult with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a proposed project, if so requested by the tribe. The bill, as noted in CEQA Section 21084.2, also specifies that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource (TCR) is a project that may have a significant effect on the environment. In compliance with AB 52 requirements, the City has requested consultation with local Native American tribes and performed archival search of local records of prehistoric cultural resources. Tribal Cultural Resources: As a formerly developed site, the project location has been subject to previous grading activities and did not encounter any Native American (NA) resources. A cultural resources assessment was prepared for the Walmart EIR that included a literature search of historical and prehistoric cultural resources in the project area. Based on the records search, there is a low potential to encounter surface and/or subsurface prehistoric archaeological resources. In addition, the Modified Project would result in development within the same general footprint and depth as that of the Approved Project. Therefore, the Modified Project would not create any new impacts associated with NA resources a. Mitigation Measures: The following measures were included in the Certified EIR to reduce impacts

to cultural resources, if encountered during implementation of the Approved Project, and would be similarly applied for tribal cultural resources. As such, the following mitigation measures would continue to be implemented as part of the Modified Project.

Finding: The proposed McDonald’s as described in the Modified Project would not expand beyond the area of direct impact which according to cultural resources surveys indicate a low potential to encounter surface and/or subsurface archaeological resources. Accordingly, impacts related to tribal cultural resources would be less than significant. Conclusion


As discussed in this Addendum, the proposed modification would not change the conclusions of the Certified EIR. The proposed modification would not result in a new significant impact or substantially increase the severity of a previously identified significant impact. No mitigation is required beyond the existing commitments contained within the MMRP. The proposed modification to the Approved Project do not meet any of the conditions that would require the preparation of a subsequent or supplemental EIR as set forth in Sections 15162 and 15163 of the CEQA Guidelines.


ATTACHMENT 4

USE PERMIT & DESIGN REVIEW CONDITIONS OF APPROVAL

FOR MCDONALDS FAST FOOD RESTAURANT

For property located at

1401 W. Wood Street/APN; 017-210-050

PC approval date:_____________________,2019

General

1. That the applicant/developer shall enter into a Pass Through Agreement with the City of

Willows to pay the cost of all planning review, plan checking and field inspection of this

development.

2. This Use Permit adopts the conditions of approval set forth below, which incorporates the

mitigation measures outlined in the Draft and Final EIR for the Willows Wal-Mart (SCH #

2004062128). The record of compliance with mitigation measures and conditions of

approval is to be kept on file at the City Manager’s Office, City of Willows, 201 North

Lassen Street, Willows, California 95988. A Mitigation Monitoring and Reporting Program

designed to ensure compliance with all mitigation measures is also incorporated into the

project approval as shown in Exhibit B to these conditions.

3. Approval is granted with a Use Permit for a 4,456 square foot McDonalds Fast Food

Restaurant. If the use (new commercial fast food restaurant) is not made on the project

subject to the permit within one (1) year after the date of granting the permit, then without

further action, the permit shall be null and void and such use shall not be made of the

property except upon the granting of a new permit.

4. This use permit is void one (1) year after the use permitted by such permit is discontinued.

5. The mitigation measures identified in the Mitigation Monitoring and Reporting Program,

included as Exhibit B to these conditions, are the mitigation measures are adopted as

conditions of approval of this project.

6. All plans for additional uses, which are not covered by this review, shall be submitted to the

City Manager/Planning Commission for review and approval prior to use..

7. A revised Site Plan shall be submitted with the set of building plans for City review and

approval.

8. All landscaping shall be maintained in good condition and any dead or dying plants, bushes,

or trees shall be replaced with new healthy stock of a size compatible with the remainder of

the growth at the time of replacement.

9. The developer shall adhere to the design and specification of the Architectural Design

Review approval for the exterior façade improvements. An occupancy permit shall not be

issued in part or whole for any building or group of buildings subject to design review unless

and until the work specified in the design review approval has been completed, including


landscaping. If for any valid reason full compliance cannot be made; a cash bond shall be

posted for the work to be completed within a reasonable period of time as determined by the

City Manager or his authorized representative.

10. The Architectural Design Review approval shall expire in one year unless otherwise

stipulated by the Planning Commission. The applicant may apply to the Building Official

for an extension of not more than one year from the original date of expiration, if he finds

that there has been no substantial change in the factual circumstances surrounding the

originally approved design. Substantial changes and any further extension beyond one year

shall require Planning Commission approval.

11. All building mounted and site lighting shall be shielded lights, down lights, and or full cut

off lights so that the bulb is not visible from off-site and light does not create glare or hazard

onto adjoining properties/streets. Cut sheets shall be submitted with building plans for

review. All lighting must meet the City Standards.

12. No light or glare shall be produced by the project, which could impair the vision of the

motorists on Interstate 5 or Highway 162.

13. A revised Sign Plan shall be submitted for City review and approval. A sign permit from the

Planning Department shall be obtained prior to installation.

14. To avoid potential “take” of Swainson’s hawk, the following measures shall be implemented

in conjunction with the project grading and demolition. (Mitigation Measure E1)

a. If construction and/or tree removal is to commence outside the nesting season

(before February 1 or after August 31), no mitigation measures are required.

b. If construction and/or tree removal is to occur within the nesting season (February

1 – August 31), a nest survey shall be conducted of all trees on the project site and

within ¼ miles of the site prior to construction. If Swainson’s hawks are observed

nesting within ¼ mile of the project site, a qualified ornithologist shall periodically

monitor the next in consultation with CDFG, for signs of disturbance during

construction.

c. If nest disturbance is observed as a result of construction, discussions with CDFG

shall be required and construction may need to be halted until the behavior returns

to normal

15. The following measures shall be implemented to ensure that passerines and raptors are not

disturbed by project grading or demolition during the breeding season: (Mitigation Measure

E1)

a. If construction and/or tree removal is to commence outside the nesting season

(before February 15 or after August 15), no mitigation measures are required.

b. If ground disturbance is to occur during the breeding season (February 15 – August

15), a pre-construction nesting bird survey (for both passerines and raptors) of the

grasslands and adjacent trees shall be performed by a qualified biologist within 7

days prior to ground disturbance. If no nesting birds are observed, no further action


is required and grading shall occur within one week of the survey to prevent “take”

of individual birds that could begin nesting after the survey.

c. If bird nests (passerines and/or raptor) are observed during the pre-construction

survey, a disturbance-free buffer zone shall be established around the nest tree(s)

until the young have fledged, as determined by a qualified biologist. The radius of

the required buffer zone can vary depending on the species (i.e., 75-100 feet for

passerines and 200-300 feet for raptors), with the dimensions of any required buffer

zones to be determined by a qualified biologist in consultation with CDFG.

d. To delineate the buffer zone around a nesting tree, orange construction fencing

shall be placed at the specified radius from the based of the tree within which no

machinery or workers shall intrude. After the fencing is in place, there will be no

restrictions no grading or construction activities outside the prescribed buffer

zones.

16. Implementation of the following measures will mitigate any potential impacts to cultural

resources if discovered during grading and demolition: (Mitigation Measure F1)

a. If any prehistoric or historic artifacts, or other indications or archaeological

resources are found once project construction is underway, all work within 25 feet

of the find must stop and the City shall be immediately notified. An archaeologist

meeting the Secretary of Interior’s Professional Qualifications Standards in

prehistoric or historical archaeology, as appropriate, shall be retained to evaluate

the find the recommend appropriate mitigation measures for the discovered cultural

resources. Mitigation for historic and prehistoric materials may include monitoring

combined with data retrieval, or may require a program of hand excavation to

record and/or remove materials for further analysis.

b. If human remains are discovered, all work must stop in the immediate vicinity of

the fiend, and the Glenn County Coroner must be notified, according to Section

7050.5 of California Health and Safety Code. If the remains are determined to be

Native American, the coroner will notify the Native American Heritage

Commission, who would identify a most likely descendant to make

recommendations to the land owner for dealing with the human remains and any

associated grave goods, as provided in Public Resources Code Section 5097.98.

c. If any paleontological resources (fossils) are found once project construction is

underway, all work within 25 feet of the find must stop and the City shall be

immediately notified. A qualified paleontologist shall be retained to evaluate the

find and recommend appropriate mitigation measures for the paleontological

resources.

Building Department

17. The applicant shall submit a completed building permit application and 4 complete sets of

plans, calculations, & specifications, etc to the building department for review.

18. The applicant/owner shall be responsible for the payment of plan review fees at the time of

application submittal.

19. The plans and the project shall comply with all current Federal, State and Local codes and

ordinances and be shown on the plans submitted for review.


20. All contractors including subs shall obtain a business license to operate in the City of

Willows prior to commencing work.

21. Final conditions of approval shall be placed on the set of building plans submitted for

review.

22. Development impact fees shall be paid at the time of building permit issuance.

23. Applicable California Building Code requirements for energy conservation shall be applied,

which would align this project with California’s climate change goals.

24. Building plans and construction documents shall specify that all interior and exterior lighting

shall be high-efficiency lighting (LED or equivalent), meeting or exceeding Title 24

requirements.

25. The fast-food restaurant in the project shall locate kitchen exhaust vents in accordance with

accepted engineering practice and shall install exhaust filtration systems or other accepted

methods of odor reduction.

Fire Department

26. All impact fees shall be paid prior to the issuance of a building permit.

27. All buildings will have fire sprinkler systems provided. The Fire Department shall review

all sprinkler plans prior to installation. WMC 15.15.10.

28. All fire and alarm systems must meet the approval of the Fire Chief. WMC 15.15.120.

29. Addressing shall meet WMC Section 15.15.100, with lettering to be 6” by 1” for commercial

buildings and reviewed for approval by the Fire Department.

30. A Knox box shall be installed per WMC Section 15.15.130 for the property.

31. Provide Fire Extinguishers in accordance with 2016 CFC.

32. FDC connection will be within 50’ of hydrant.


33. On site road surface will meet CFC Chapter and Section 15.15.090 Fire Apparatus Access

Roads.

34. Red curbs maybe required and will be looked at, at the time of construction.

35. All new fire hydrants shall be covered with burlaps sacks until the hydrants have been tested

and found to be in conformance with City flow requirements. No storage of combustible

materials or construction of building shall be permitted until all hydrants meet City flow

requirements.

36. The developer shall meet all the hydrant and service requirements of the Fire Department.

Owner shall be required to participate in any new funding mechanisms established for

services and facilities within the service area as determined by the City of Willows Fire

Department.

Glenn County Environmental Health:

37. Glenn County Environmental Health will require a full facility plan review for the new

restaurant submitted and approved prior to any construction activities.

California Water Service

38. California Water Service has no objections to the proposed project and will be able to

provide water service to the property with existing infrastructure.

CalTrans:

39. All work proposed and performed within the State’s highway right of way must be in

accordance with Caltrans Standards and require a Caltrans Encroachment Permit prior to

commencing construction. To apply, a completed encroachment permit application,

environmental documentation, and five sets of plans indicating State ROW must be

submitted to: Hikmat Absaigess, California Department of Transportation, District 3, Office

of Permits, 703B Street, Marysville, CA 95901.

Central Valley Regional Water Quality Control Board

40. A General Permit for Storm Water Discharges associated with construction and land

disturbance activities (CGP), including construction activity, demolition, resulting in a land

disturbance of one acre or more must obtain coverage under the CGP. The project is

conditioned to implement storm water pollution controls during construction and post-

construction as required by the CGP. To apply for coverage under the CGP the property

owner must submit Permit Registration Documents electronically prior to construction.

Detailed information on the CGP can be found on the State Water Board website at

https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml.

PG&E Company

41. The new proposed building is within the same vicinity of PGE’s existing facilities that

impact this property. There are underground electrical distribution lines running through the

middle of the property, running in northeasterly direction from Biggs-Willows Road.


https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml

Contact the Building and Renovation Center (BRSC) for facility map requests at

[email protected] and PG&E’s Service Planning Department at www.pge.com/cco for

any modification or relocation requests, or for any additional services you may require.

General Conditions:

42. Developer shall design and construct all improvements and facilities shown on the approved

site plan or other documents submitted for permit approval, in accordance with the Willows

Municipal Code (WMC), the City of Willows Design and Construction Standards. Approval

of a site plan depicting improvements that do not conform to the WMC or City standards does

not constitute approval of an exception to the WMC or City standards unless explicitly stated

herein or in another City resolution.

43. The developer shall be responsible for all City plan check, map check and inspection costs.

The developer shall deposit funds with the City upon the initiation of plan check services.

The amount of the initial deposit shall be determined by the City Engineer. Additional funds

may be required based upon actual plan check and inspection costs.

44. All landscaping required to be installed by these conditions of approval shall be maintained

so as to be in good health and free from physical damage or injury arising from lack of

water, chemical damage, insects, and diseases and shall be free from trash and debris, weeds,

and other undesirable vegetation or materials which are deemed detrimental to safety,

drainage, or appearance.

Improvement Plan and Construction Conditions

45. Improvement plans shall be prepared and submitted by a California Registered Civil

Engineer for the construction of all necessary and required on-site and off-site improvements

including grading, water, sanitary sewer, storm drain facilities, roadway improvements,

curbs, gutters, sidewalks, parkway strips, traffic signal and streetlights. All design and

construction shall conform to the City of Willows Design and Construction Standards, as

applicable.

46. A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for review.

The report shall address, at a minimum, potential for liquefaction, expansive soils and seismic

risk. The improvement plans shall incorporate all design and construction criteria

recommended in the Geotechnical Report. The soils report needs to take into account the

effects of soil consolidation due to weak and compressible soils shall be shown to be

minimized through soil engineering measures, as recommended by the project geotechnical

engineer, which are designed to increase the shear strength of the soil mass below building

foundations.

47. All private water mains, sewer mains and storm drains shall be clearly labeled “Private” on the

improvement plans.

48. Improvements plans shall include a storm water pollution prevention plan, if applicable and

shall conform to County and State stormwater regulations. A detailed post-construction


mailto:[email protected]

http://www.pge.com/cco

Stormwater Control Plan (SWCP) that identifies and sizes all permanent post-construction

stormwater treatment BMPs shall be prepared and submitted for review and approval. The

SWCP shall be prepared in accordance the requirements of Provision E.12 of the State Water

Resources Control Board Phase II Municipal Separate Storm Water System (MS4) General

Permit (Order 2013-0001 DWQ.)

49. A Post Construction Stormwater Operations and Maintenance Plan that includes a plan sheet

showing all storm drain and water quality infrastructure that is to be maintained, along with

detailed instructions and schedules for the ongoing maintenance and operation of all post-

construction stormwater BMPs shall be submitted for review and approval by the City

Engineer. Once approved, the property owner(s) shall be responsible for the implementation

of the terms, conditions, and security associated with the ongoing requirements of the post-

construction Stormwater Best Management Practices.

50. Roadway and Access Improvements:

a. Access for ingress and egress to the proposed development shall be internal to the existing

Wal-Mart parking lot and no new access points from the development shall be allowed on

Wood Street (Hwy 162.)

b. Access to the drive-through isle shall be designed such that any stacking that may occur

from the drive-through component of the project will not impact the main entry access isle

into the overall Wal-Mart development or cause any stacking onto Wood Street. Drive-

through signage shall be installed to direct vehicles to enter the drive-through via the

northeastern-most driveway on the site plan.

c. Ramps and paths of travel for disabled persons meeting shall be installed to meet the most

recent standards. Accessible paths shall include paths from the existing sidewalk on Wood

Street to the proposed building, as well as from the proposed disabled parking stalls. The

accessible path from the existing sidewalk on Wood Street shall be a minimum of 5 feet

wide.

51. Utility Improvements:

a. Prior to final design for placement of the proposed building, the existing

underground electrical facilities shall be potholed and located. The building

footprint will not be allowed to be placed over the existing facilities and shall be

placed in such a manner as to allow for construction access to the existing facilities.

b. Grease separators shall be required on the sewer line as shown on the site plan just

south of the building.

c. All sewer improvements associated with this development shall be private and

privately maintained. The sewer line connection from the proposed grease

separator to the existing private sewer line crossing the south and easterly portion

of the project shall connect to the existing stubbed sewer line as shown on the Wal-


Mart improvement plans. The existing sewer stub should be potholed during the

design process to ensure that grades are Prior to approval of the improvement

plans, the applicant shall submit a sewer maintenance agreement with all private

property owners that use the existing private sewer main crossing the project site.

d. Sewer grades must be designed such that ultimate finished floors are a minimum of

12” above upstream manhole or clean-out rim elevations. Inadequate elevation

differentials or grade on private laterals, as determined by the City, must be

mitigated by either raising finished floor elevation(s), installing privately owned

and operated sewer lift station(s) with grinder/ejector pump(s), or by providing

check valves on the sewer service to prevent sewer backup into the building if the

sewer main backs up.

e. The fire hydrant shown on the improvement plans shall have fire flows of sufficient

volume as to satisfy the Willows Fire Department. Calculations demonstrating the

available flows from this hydrant shall be submitted with the improvement plans

and shall be approved prior to the approval of the improvement plans.

f. Approvals for connections to the existing 12-inch water line in the Wal-Mart

parking lot must be obtained from Cal Water. Water line improvements shall be

shown on the improvement plans and the applicant shall provide a letter to the City

from Cal Water showing their approval of the proposed water improvements prior

to the approval of the improvement plans. All onsite water improvements shall be

private and privately maintained.

52. For those areas where utility cuts are in close proximity to one another, after all of the new

underground utilities have been installed; the entire affected areas shall be ground and

repaved to present a neat finished pavement area. Multiple trench patches are not

acceptable.

53. Where soil or geologic conditions encountered in grading operations are different from that

anticipated in the soil and/or geologic investigation report, or where such conditions warrant

changes to the recommendations contained in the original soil investigation, a revised soil or

geologic report shall be submitted for approval by the City Engineer. It shall be

accompanied by an engineering and geological opinion as to the safety of the site from

hazards of land slippage, erosion, settlement, and seismic activity. Additionally, if field

conditions warrant installation of any sub drains, the location, size and construction details

must be provided to the City for review and approval prior to construction.

54. Drainage Improvements:

a. Drainage improvements shall be designed in accordance with the Design Criteria

utilizing the rationale method.

The applicant shall submit for review and approval, drainage plans and hydraulic

calculations prepared by a Registered Civil Engineer. The drainage plans and

calculations shall indicate the following conditions before and after development:


Quantities of water, water flow rates, major water courses, drainage areas and

patterns, diversions, collection systems, flood hazard areas, sumps and drainage

courses.

b. Post-development off-site flows shall not exceed pre-development flows.

c. All storm drain improvements for the project shall be private and shall be privately

maintained. Prior to approval of the improvement plans, the applicant shall submit

a storm water maintenance agreement with all private property owners that use the

existing private storm drain line crossing the project site.

Construction Conditions

55. No grading or other construction shall be performed until the improvement plans have been

approved and signed by the City Engineer. Encroachment Permits and Building Permits will

not be issued prior to the approval of the improvement plans. An Encroachment Permit is

required for any work within the City’s or Caltrans’ rights of way. Evidence of an approved

encroachment permit from Caltrans shall be required prior to approval of the improvement

plans.

56. The developer shall keep adjoining public streets free and clean of project dirt, mud,

materials, and debris during the construction period, as is found necessary by the City

Engineer.

57. The following dust control measures shall be implemented to reduce PM10 emissions during

grading and construction: (Mitigation Measure J1)

a. Apply water as needed to control visible dust emissions.

b. Apply nontoxic soil stabilizers according to manufacturers’ specifications to all

inactive construction areas.

c. All trucks hauling dirt, sand, soil, or other loose materials should be covered or

should maintain at least two feet of freeboard (i.e., minimum vertical distance

between top of the load and the trailer) in accordance with the requirements of

California Vehicle Code Section 23114.

d. Re-establish ground cover on the construction site through seeding and watering

prior to final occupancy.

e. Sweep streets at the end of the day if visible soil materials are carried onto adjacent

public paved roads (using a water sweeper).

f. All grading operations of a project shall be suspended when wind exceeds 25 miles

per hour or as directed by the Glenn County Air Pollution Control District.

58. Standard Mitigation Measures and Best Available Mitigation Measures for commercial

development shall be implemented.

59. Before or any construction activity that would result in a land disturbance of one acre or

larger, the developer shall provide evidence that a Notice of Intent has been submitted and

received by the Regional Water Quality Control Board for a General Construction Activity

Storm Water Permit. A copy of the project Storm Water Pollution Protection Plan shall be

submitted to the City. The SWPPP shall include structural and non-structural storm water

controls to reduce nonpoint source pollutant loads.


60. As part of the grading plans submitted to the City prior to issuance of grading permits, the

potential damage from soils expansion shall be shown to be reduced by placement of non-

expansive engineered fill below foundations and buildings slabs, as recommended by the

project geotechnical engineer.

61. If any hazardous waste is encountered during the construction of this project, all work shall

be immediately stopped and the Glenn County Environmental Health Department, the Fire

Department, the Police Department, and the City Inspector shall be notified immediately.

Work shall not proceed until clearance has been issued by all of these agencies.

62. Where soil or geologic conditions encountered in grading operations are different from that

anticipated in the soil and/or geologic investigation report, or where such conditions warrant

changes to the recommendations contained in the original soil investigation, a revised soil or

geologic report shall be submitted for approval by the City Engineer. It shall be

accompanied by an engineering and geological opinion as to the safety of the site from

hazards of land slippage, erosion, settlement, and seismic activity. Additionally, if field

conditions warrant installation of any subdrains, the location, size and construction details

must be provided to the City for review and approval prior to construction.

63. All streets, access roads, curbs, gutters, sidewalks or other private or public facilities

damaged in the course of construction associated with this development shall be the

responsibility of the Developer and shall be repaired to the satisfaction of the City and/or the

adjacent property owner at the Developer’s expense.

64. Dust control must be maintained to the City’s satisfaction. Dust control measures shall be

implemented to reduce PM10 emissions during demolition, grading and construction. Any

hauling which would occur on non-weekdays or outside normal daytime hours could result

in a temporary significant noise impact.

65. Working hours shall be restricted to the hours of 7:00 a.m. to 6 p.m., Monday through

Friday. The hours of grading, demolition, and construction, as well as hauling of equipment,

soil, demolition debris, shall be limited to 7 AM to 6 PM on weekdays only. No

construction-related activity shall occur on Saturdays, Sundays or holidays, except that a

special exemption for limited work on a specific Saturday may be granted upon a showing of

extraordinary circumstances by the contractor, subject to the approval of the City Manager.

66. A complete set of As-Built or Record improvement plans showing all substantial changes

from the original plans shall be certified by the Civil Engineer of record and submitted to the

City Engineer prior to issuance of the certificate of occupancy.

67. Any relocation or rearrangement of any existing PG&E facilities to accommodate this

project will be at the developer’s/applicant’s expense.

68. The project shall connect development to the California Water Service Company (Cal

Water) for water service and facilities prior to building permit final inspection for

occupancy.

69. The project shall connect development to City of Willows for sewer service and facilities

prior to building permit final inspection for occupancy


70. Prior to acceptance of the work, the developer shall provide a written statement signed by his

or her engineer certifying that they observed the work during construction and that site

grading and all private site improvements have been completed in accordance with the

improvement plans approved by the City Engineer.

71. Prior to acceptance of the work, the developer shall provide a written statement signed by his

or her geotechnical engineer certifying that they observed the work and reviewed testing

results, and that all of work was performed in accordance with the recommendations included

in the Soils Investigation/Geotechnical Report or other recommendations necessitated by field

conditions.

72. Developer shall provide sufficient surety guaranteeing the public improvements for a period

of one year.

73. Prior to occupancy the property shall annex to a landscape and lighting district to pay for the

street lighting cost along Wood Street/State Route 162.

74. All landscaping required to be installed by these conditions of approval shall be maintained

so as to be in good health and free from physical damage or injury arising from lack of

water, chemical damage, insects, and diseases and shall be free from trash and debris, weeds,

and other undesirable vegetation or materials which are deemed detrimental to safety,

drainage, or appearance.

75. Any landscaping associated with the frontage improvements along Wood Street that is

intended to be maintained by the City shall be included in a parcel dedicated as either a

separate parcel to the City. All irrigation associated with landscaping to be maintained by

the City shall be on a separate landscape irrigation water service and shall have its own

irrigation controller and electrical hookup. Additionally, the developer shall annex into the

City’s Landscape and Lighting Assessment District (LLAD) for maintenance of these

improvements. If not incorporated into the LLAD, the developer shall be responsible for all

maintenance of the landscaping to the satisfaction of the City.

.


of 65 McDonalds Major Use Permit & Design Review Project October 16, 2019 Planning Commission Agenda

ATTACHMENT 5

OVERALL SITE

McDonald’s project site

Walmart store


ATTACHMENT 6

Project Site Plan


now

ATTACHMENT 7

Interior Floor Plan

Now 70 seats


ATTACHMENT 8

Color Elevations of Building


ATTACHMENT 9

Landscape Plan


ATTACHMENT 9

Sign Plans
