HomeMy WebLinkAboutCounty of Mendocino 2009-03-23AGREEMENT REGARDING FUNDING FOR ORCHARD AVENUE BRIDGE AND
ORCHARD AVENUE EXTENSION PROJECT
This Agreement is entered on 2.a, , 2009 ("Effective Date") in Ukiah,
California, between the City of Ukiah ("City"), a general law municipal corporation, and
the County of Mendocino ("County"), a general law County and political subdivision of
the State of California.
RECITALS:
1. On September 14, 2004, the City and County entered Road Improvement and
Land Use Agreement-7/19/04 entitled "Bridge Agreement" (which is attached hereto as
Exhibit "A" and incorporated herein by reference) pursuant to which the City approved an
environmental impact report for the construction of the Orrs Creek Bridge and Orchard
Avenue Extension project as described in the Bridge Agreement ("the Project").
2. Pursuant to the Bridge Agreement the County consented to the City
constructing the Project within unincorporated County territory immediately north of Orrs
Creek. Among other terms, the parties further agreed to equally bear the cost of
expense of maintenance of the bridge.
3. The City has completed and obtained approval for plans and specifications for
'the construction of the Project and has obtained approval from the Army Corp of
Engineers and the California Department of Fish and Game for the construction of the
Project.
4. On September 20, 2007, the Department of Commerce's Economic
Development Administration approved a joint application by the County and the City for
a grant in the amount of $1,770,000 ("the EDA Grant"). One of the terms of the EDA
Grant requires a 40% local match. The EDA Grant was based on a total project cost of
$2,950,000, which includes the Orchard Avenue Bridge, the overlay of Orchard Avenue
to Brush Street and the right turn lane on Perkins Street. Based on the approved plans
and specifications, the current engineer's estimate of the construction cost for the project,
which consists of the bridge and the overlay of Orchard Ave. to Brush Street, (but not
including the right turn lane on Perkins Street) is $1,646,400 ("the Engineer's Estimate").
"Currently Available Funds," as used in this Agreement means an amount equal to the
Engineer's estimate, namely $1,646,400.
5. The Project will provide an additional north-south route for traffic originating in
or passing through the City, and will also facilitate development of property that is
currently undeveloped in the unincorporated area of Mendocino County, including the
area known as the Brush Street triangle. The construction of the Project will result in a
significant economic benefit to the community in this unincorporated area.
6. Should approved change orders result in the costs of the Project exceeding
the Currently Available Funds, the County, through an agreement with the adjacent
property owners (which is attached hereto as Exhibit "B"), has agreed to facilitate
payment of change orders to the City in an amount not to exceed One Hundred
Thousand Dollars ($100,000). Under this Agreement, the adjacent property owners, not
the County, are obligated to pay the Additional Project Contribution, as described in
paragraph 1 of the Agreement.
AGREEMENT:
WHEREFORE, based on the above-recitals and the terms and conditions as
further stated herein, the City and the County agree as follows:
1. Additional Project Contribution. Prior to the City publishing the Request for
Bids to construct the Project, the County shall assist in facilitating this project by
executing a legally binding agreement with the adjacent property owners who will agree
to contribute an amount not to exceed One Hundred Thousand Dollars ($100,000)
toward approved change orders that result in project costs exceeding the Currently
Available Funds. (A copy of the agreement is attached hereto as Exhibit B and
incorporated herein by reference). In no event shall the contribution by the adjacent
property owners be accessed until all the Currently Available Funds are exhausted by
the City. Within ten (10) days of the bid opening, the County, in consultation with
adjacent property owners, may direct the City to reject all bids, if the Low Bid exceeds
the Engineer's Estimate. If not so directed, the City shall proceed according to its
established procedures to award or reject the bids in the City's absolute discretion. The
additional project contribution set forth above in the amount of One Hundred Thousand
Dollars ($100,000) is independent of and in addition to cost calculations and/or
payments or contributions for culvert upsizing which is estimated to be Eighty Thousand
Dollars ($80,000).
2. Use of Additional Project Contribution Funds. The City shall use the
additional project contribution funds solely and exclusively for approved change orders
that result in project costs exceeding the Currently Available Funds. The additional funds
shall be paid by the adjacent property owners within 15 days after written request by the
City. The request shall be accompanied by billing documentation from the contractor
and a current accounting of construction costs including all payments made to the
contractor.
3. Change Order Review. The County Department of Transportation in
consultation with the Chief Executive Officer and adjacent property owners shall retain
the right, at no cost to the City to timely review all change orders for this project to verify
accuracy and necessity. The City agrees to consider in good faith the recommendations
of any such review, but shall have final approval authority for all change orders.
4. Modifications. The City or County may, from time to time, request changes
in the terms of this Agreement. Such changes, which are mutually agreed upon by and
between City and the County, and approved, by the City Council and the Board of
Supervisors, shall be incorporated in written amendments to this Agreement.
5. Assignment. The City and County shall not assign any interest in this
Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without the prior written consent of the other party.
6. Application of Laws. The parties hereby agree that all applicable Federal,
State and local rules, regulations and guidelines not written into this Agreement shall
hereby apply to the parties' performance under this Agreement.
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7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, and any legal action concerning the
agreement must be filed and litigated in the proper court in Mendocino County.
8. Attorneys fees. In any action to enforce the provisions of this Agreement the
prevailing party shall be entitled to recover from the other party, its reasonable attorneys'
fees in addition to its costs of suit.
9. Severability. If any provision of the Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions
shall nevertheless continue in full force and effect without being impaired or invalidated
in any way.
10. Integration. This Agreement contains the entire agreement among the
parties and supersedes all prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No amendments to this
Agreement shall be binding unless executed in writing by both of the parties.
11. Waiver. No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute a waiver of any other provision, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by
the party making the waiver.
12. Notice. Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been given when personally
delivered or when deposited in the United Sates mail as certified or registered mail,
return receipt requested, and addressed as follows:
COUNTY
County of Mendocino
c/o: County Administrator
County Administration Center
501 Low Gap Road, Rm. 1010
Ukiah, CA. 95482
UKIAH
City of Ukiah
c/o: City Manager
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
13. Paragraph Headings. The paragraph headings contained herein are for
convenience and reference only and are not intended to define or limit the scope of this
Agreement.
14. Duplicate Originals. This Agreement may be executed in one or more
duplicate originals bearing the original signature of both parties and when so executed
any such duplicate original shall be admissible as proof of the existence and terms of the
Agreement between the parties.
15. No Third Party Beneficiaries. This Agreement is for the exclusive benefit
of City and County and confers no rights or benefits on any persons or entities not a
signatory to this Agreement. No third party beneficiaries are intended or established by
this Agreement.
above.
WHEREFORE, the parties have entered this Agreement on the date first written
~iTfiE
APPROVED, jAST0 F RM:
A-J
Cit ney r
COUNTY OF MENDOCINO
By:
CHAIR, Bard of Supervisors
ATTEST:
EANINE B) NADEL, Courify Counsel
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ROAD IMPROVEMENT AND LAND USE AGREEMENT -'7/'9. /04f,
This Agreement is made and entered on , 2004 (Effective°`I~ae i iah,
California, by and between the City of Ukiah ("City"), a general law municipal co`rp.(Z~d Rps d
the County of Mendocino ("County"), a political subdivision of the State of California:
RECITALS :
1. The City has under review the construction of certain improvements which will .
consist of constructing a bridge over Oizs Creek and extending Orchard Avenue to Brush Street.
These improvements are more particularly described in the attached Exhibit A, which is
incorporated herein bj this reference ("Orchard Avenue Bridge Improvements").
2. The City has prepared a Revised Draft Environmental Impact Report ("RDEIR"),
dated October 2002, for the Orrs Creek Bridge and Orchard Avenue Extension project under the
provisions of the California Environmental Quality Act ("CEQA") which has determined that the
construction of the Orrs Creek Bridge and Orchard Avenue Extension will promote commercial
development in an unincorporated area ("Brush Street triangle"), depicted and described in the
attached Exhibit B which is incorporated herein by this reference.
3. According to the RDEIR, commercial development within the Brush Street triangle
will have adverse impacts on traffic and other adverse environmental impacts within the
incorporated limits of the City of Ukiah.
4. Both parties also acknowledge that potential commercial development outside the
Brush Street triangle, including within the City of Ukiah, may have adverse traffic impacts within
the Brush Street triangle.
5. Under its current zoning designation and the applicable provisions of the Mendocino
County zoning ordinance, some commercial and industrial development in the Brush Street
triangle can be constructed on existing parcels subject only to obtaining building permits from
the County. No. discretionary permits, such as use or site development permits, are required. As
a consequence, unless the County imposes additional land use regulations in the Brush Street
triangle, property owners may construct some commercial and industrial development with
potentially adverse environmental impacts within the incorporated limits of the City without
adequate means currently in place to assess or mitigate those impacts.
6. The City takes the position that under the requirements of CEQA it cannot certify the
RDEI , and undertake the construction of the Orchard Avenue Bridge Improvements, unless it
can find that cumulative adverse environmental impacts within the City of Ukiah from
construction of the Orr Creek Bridge, including development in the Brush Street triangle, as
identified in the RDEIR or as may be identified in future evaluations of specific projects, are
reduced to the point below the threshold of significance through changes to the projects or the
adoption of enforceable conditions to the approval of those projects.
7. Pursuant to Streets and Highways Code § 1810, the County has no objection to the
City acquiring right of way and constructing the Orchard Avenue Bridge Improvements partially
within the unincorporated area,
AGREEMENT:
Wherefore, in consideration of the above-recited facts and the terms and conditions as
further stated herein, the parties hereby agree as follows.
1. Consent to Construction of Improvements. The County hereby consents to the
construction of those Orchard Avenue Bridge Improvements which will be within the
unincorporated areas of the County and within any right of way acquired for the extension of
Orchard Avenue or for the construction of the Orchard Avenue Bridge Improvements, lying north
of the Ukiah City limits.
2. Dedication to the County. The City shall irrevocably offer to dedicate to the County
the constructed improvements north of the north bridge abutment and all acquired rights of way
north of the north bridge abutment not already owned by the County which are part of the
extension of Orchard Avenue within the unincorporated area. The County shall accept the rights
of way and improvements as part of the County Maintained Road System and shall assume
maintenance responsibility for the Orchard Avenue Road Improvements located outside City
limits, north of the north bridge abutment. That acceptance shall occur within sixty (60) days
after the improvements have been completed in compliance with the plans and specifications for
their construction.
3. Maintenance, Rehabilitation and Replacement of Orchard Avenue Bridge. AS
long as the Orchard Avenue Bridge remains within the jurisdictional boundaries of both the City
and the County, the expense of maintenance of the bridge shall be borne equally by the City and
the County. Maintenance of the bridge shall be the responsibility of the City and shall occur on
an as needed basis. Annually, after completion of the bridge, the City shall submit an invoice to
the County setting forth the actual expenditure for the maintenance of the bridge for the previous
twelve (12) months, indicating County's share as one-half the expenditure amount. The County
shall pay the invoice within sixty (60) days of its submission. As long as the bridge remains
within the jurisdictional boundaries of both the City and the County, the cost of rehabilitation and
replacement of the bridge shall be borne equally by the City and the County. If the Brush Street
triangle, or any portion contiguous to the bridge, is annexed into the City, the Orchard Avenue
Bridge shall also be annexed and all future maintenance, rehabilitation and replacement costs
shall be borne entirely by the City; likewise, if the.erntire bridge is annexed into the County, all
future maintenance, rehabilitation and replacement costs shall be borne entirely by the County.
4. Construction of improvements. The City shall construct the Orchard Avenue Bridge
and Orchard Avenue Extension in.accordance with the construction schedule set forth in the
contract documents for the construction of these improvements, unless the time for completion is
extended with the approval of the City or as a result of the contractor's performance.
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5. Future County land use approvals. Prior to issuing any building permit for
construction within the Brush Street triangle, the County agrees to adopt and apply to each
development proposal in the Brush Street triangle land use regulations that: (1) require
discretionary approval by the County of any commercial development or other development with
potentially significant adverse environmental impacts (either individually or cumulatively) within
the City of Ukiah ("a Project") and to evaluate such impacts in accordance with the requirements
of CEQA prior to approving any such Project; and (2) applies the design principles contained on
Pages 18 through 22 (Design Guidelines-Commercial Projects Outside the Downtown Design
District) of the Commercial Development Design Guidelines attached hereto as Exhibit C. The
discretionary approval by the County for commercial developments shall, at a minimum, include
findings as set forth in Exhibit D. Any such discretionary approval shall provide the County with
sufficient authority to impose conditions or take other actions to adequately mitigate any adverse
environmental impacts identified during the evaluation of the Project in compliance with CEQA.
6. Process by'which County adopts land use approvals. The County will proceed to
amend its zoning ordinance providing discretionary approval authority as described in paragraph
5 of this Agreement. Within 90 days of receipt by the City of the land use regulations adopted by
the County pursuant to this paragraph 6 and upon the City's satisfaction therewith, the.City shall
take final action on the Revised Draft EIR for the Orchard Avenue Bridge Improvements.
Within 45 days of its receipt of said land use changes, the City shall notify the County in writing
as to whether or not it is satisfied that those changes comply with the requirements of this
Agreement. If the City is not satisfied with the amended land use regulations, the notice shall
include the reasons for the City's dissatisfaction.
7. Mitigations.
7.1 The parties acknowledge that the Mendocino Council of Governments
("MCOG"), at their request, commissioned a technical study, entitled Brush Street
Triangle Transportation Study (W-trans; May 30, 2003) which can be used as deemed
appropriate by the parties to develop for adoption by the County and the City resolutions
imposing off-site capital improvement fees sufficient to fund capital improvements
necessary to mitigate traffic impacts from development within the "MCOG study area,"
which includes the Brush Street Triangle Development Area, as well as other
development areas, all as depicted and described on pages 1-5 and 16 of the MCOG
Study, a true and correct copy of which is attached hereto as Exhibit E and incorporated
herein by reference. The County and the City shall endeavor to adopt off-site capital
improvement fees as authorized by the Mitigation Fee Act to fund capital improvements
in the City and the County necessary to adequately fund mitigations for traffic impacts
from developments that will generate additional traffic within the MCOG study area.
This Agreement does not obligate either the City or the County to accept or use the study
in the form approved by MCOG. Each jurisdiction shall have discretion to adopt a study
that it determines fairly and adequately apportions among affected parcels of land the cost
of constructing improvements to adequately mitigate off-site adverse environmental
impacts of new development within the MCOG study area, but the parties shall endeavor
to coordinate their studies and to make them compatible.
7.2, In evaluating the environmental impacts of a project that will generate
additional traffic within the MCOG study area (as defined in paragraph 7.1 above), the
County and the City shall consider the EIR certified by the City for Orchard Avenue
Bridge and Orchard Avenue Extension and shall, in compliance with CEQA, mitigate
project-related traffic impacts within the City as well as in the unincorporated area,
comprising the MCOG study area. In evaluating the impacts of any individual such
projects within the MCOG study area, the County and the City shall include an evaluation
of the cumulative impacts from all potential new development that may generate
additional traffic within that area. Neither the City nor the County shall rely on its lack of
jurisdiction within.the other jurisdiction to find that it is infeasible to mitigate an adverse
environmental impact in the other jurisdiction. The County and the City shall take steps
to fund improvements in the other jurisdiction deemed necessary to mitigate adverse
environmental impacts from full development of projects that will generate additional
traffic within the entire MCOG study area. Subject to Section 7.3., below, neither the
County nor the City shall approve any project that will generate additional traffic within
the MCOG study area, unless. such steps have been taken to fund that project's
proportionate share of the costs to mitigate such environmental impacts. The amount
contributed by or on behalf of such projects shall satisfy the proportionality requirements
of the Mitigation Fee Act (Cal. Gov't Code § 66000 et seq.).
7.3. The MCOG Study identifies a series of recommended mitigations to address
cumulative traffic impacts of development within the MCOG study area. The parties
agree that these mitigations should be prioritized with some performed before others, and
that some of the proposed mitigations may require revision or modification based on the
infeasibility of the mitigations or development of a better alternative: The parties also
recognize that development in the portions of the MCOG study area located within the
City and within the unincorporated area of the County is likely to take place at different
rates. The parties shall determine a schedule tied to increased levels of traffic for
constructing the recommended traffic mitigations or any agreed upon modifications of
such mitigations. Those mitigations, including any agreed upon modifications, shall
either (1) be constructed when called for under the agreed upon schedule, or (2) the
project shall not be approved, if sufficient funding is not available to construct the
mitigations as scheduled; or, the jurisdiction or jurisdictions where the development
triggering the need for the mitigations has occurred may proportionally fund the shortfall
with a right of reimbursement from the fees paid by future developments; or, the
jurisdiction may require a given project, in lieu'of paying its full share of each mitigation
identified in the MCOG study (or other study referred to in paragraph 7. 1), to pay a higher
proportional share of a specific mitigation, provided that each project pays its
proportional share of the total mitigation costs identified in the MCOG study or other
study under paragraph 7.1.
7.4. The foregoing provisions of this paragraph shall not preclude either the City
or the County from adopting a statement of overriding consideration for specific projects
that the City or County approves prior to the adoption of off-site capital improvement
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fees under the Mitigation Fee Act for projects within the MCOG study area; provided
however the City or County complies with its obligations under Section 7.3 above and
further provided each project pays its proportional share of the mitigation costs identified
in the MCOG study or other study under paragraph 7.1.
8. Modifications. City or County may, from time to time, request changes in the terms
of this Agreement. Such changes, which are mutually agreed upon by and between City and the
County, and approved by the City Council and the Board of Supervisors, shall be incorporated in
written amendments.to this Agreement,
9. Assignment. City and County shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment or novation), without the prior
written consent of the other party.
10. Application of Laws. The parties hereby agree that all applicable Federal, State and
local rules, regulations and guidelines not written into this Agreement shall hereby apply to the
parties' performance under this Agreement.
11. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California, and any legal action concerning the agreement must be
filed and litigated in the proper court in Mendocino County.
12. Attorneys fees. In any action to enforce the provisions of this Agreement the
prevailing party shall be entitled to recover from the other party, its reasonable attorneys' fees in
addition to its costs of suit.
13. Severability. If any provision of the Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable; the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated in any way.
14. Integration. This Agreement contains the entire agreement ainong the parties and
supersedes all prior and contemporaneous oral and written agreements, understandings, and
representations among the parties. No amendments to this Agreement shall be binding unless
executed in writing by both of the parties.
15. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or
shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
16. Notice. Whenever notice, payment or other communication is required or permitted
under this Agreement it shall be deemed to have been given when personally delivered or when
deposited in the United Sates mail as certified or registered mail, return receipt requested, and
addressed as follows:
COUNTY
County of Mendocino
c/o: County Administrator
County Administration Center
501 Low Gap Road
Ukiah, CA. 95482
UKIAH
City of Ukiah
c/o: City Manager
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
17. Paragraph headings. The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope of this Agreement.
18. Duplicate originals. This Agreement may be executed in one or more duplicate
originals bearing the original signature of both parties and when so executed any such duplicate
original shall be admissible as proof of the existence and terms of the Agreement between the
parties.
19. No third party beneficiaries. This Agreement is for the exclusive benefit of City
and County and confers no rights or benefits on any persons or entities not a signatory to this
Agreement. No third party beneficiaries are intended or established by this Agreement.
VN F REI+ORE, the parties have entered this Agreement on the date first written above.
CITY OF Uk'IAH
M4yo.= r
ATTI T:
City Clerk
Approved as to form:
City rriey
COUN Q.1ONINO----_..®.
By:
Chairman of the Board of Supervisors
i hereby cer ii ,f that accoi C. ing 'eo me
provisions of"'
over nment Coda
Sections 25103, delivery of this
document has been made.
KR ISTI FURR AN
6 Clerk of the;EBpard
11s ;
ATTEST:
Clerk of the Board
Approved as to form:
r
County CounSCI
L;Aa-H 01 I
Road Improvement and Land Use Agreement
ORCHARD AVENUE BRIDGE IMPROVEMENTS
The City of Ukiah is proposing to co 11trucf a roadvay improvement project This project
was proposed as °proje enhancements' when the City approved the KMART prolecr on
Orchard Avenue to the south of the Study Area, Tlie KMART project resulted in traffic
.traveling through residential areas north and west of 0,e KMART Store. The City agreed
to invesligafe the possibility of conslruding the currently proposed project as a means of
alleviating those traffic effects. This EIR is the fuffillment of the Crty's intention regarding
that past project The proposed project improvements (as shown on Figures 4 and 5)
include the following:
Extend Orchard Avenue to Brush Street from its current northern terminus at Ford
Slreel. Improve Orchard Avenue from Ford Street to the bridge to provide two
travel lanes and dirt shoulders plus adequate.taper to the bridge,
Construct a concrete bridge across Orr Creek. The bridge would be
approbmately 95 feel long. It would have a total width of 62 feet to allow four
travel lanes plus 4-foot wide bike lanes and 5-fooi wide sidewalks on both sides.
Initially, only two travel lanes would be construced on the bridge.
The bridge would include a middle support which would be constructed in the
lower portion of the north bank as shown on Figure 5. The support would be a
"pile bent" system (.c., piers set in the ground to support the bridge structure)
using. 13 15-inch diameter piles placed in a single row parallel with the stream
channel.
It is possible that the final gefllechnical design report will recommend armoring of
the north bank to prevent erosion.
3. North of the bridge, Orchard.Avenue would be extended to Brush Street. The
extension would include two 12-fool wide travel lanes wsh 6-fool wide dirt
shoulders.
South of the southem bridge abutment, ramps would be construcled on the east
and west side of Orchard Avenue, The 16-fool wide ramps would be
constructed to allow City.maintenance vehicle access to City-owned property on
the south side of Orr Creek. The ramps would be gated and not allow public
access.
A storm`drain would be constructed that would collect runoff from ditches south
of Brush Street and north of Orr Creek. Roadside ditches would be constructed
adjacent to the Orchard Avenue Extension north of Orr Creek. The runoff in
these ditches would be directed to a storm drain inlet located about 120 feel south
of Brush Street. A 48-inch underground storm drain would then transport runoff
to a discharge point beneath the north abutment of the proposed bridge: Runoff
would then discharge down the north bank of the creek beneath the bridge to Orr
Creek A rock ouffall would be construced beneath the storm drain outlet to
prevent streambank erosion. The drainage pipe has been designed to handle
flows from possible future development in the Study Area.
A 12-inch water line would be extended from its current northern terminus on
Orchard Avenue north to Brush Street along the east side of the future Orchard
Avenue Extension/Public Utility Easement right-of-way. The water line would be
attached to the east side of the bridge above the 100-year flood elevation. The
new water line is proposed to provide adequate fireffows along Ford Street (i.e.,
allowing the water lines to be "looped"). No new service would be provided off
this new wafer line.
A 130-.foot retaining wall would be constructed along a portion of the west side
of the Orchard Avenue Extension. The relaining wall would start about 270 feet
north of Ford Street and extend about 115 feet north and then tum west for about
30 feet along the south side of the proposed maintenance ramp road. The
retaining wall would have a maximum elevation of about 5 feet.
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8. The bridge structure would include conduits to accommodate future elecirical and
communication lines.
EXHIBIT B
Road Improvement and Land Use Agreement
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Road Improvement and Land
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ur os-e Cntc'nt
On May 20,'! 992, the Ukiah Redeveloprhent Agency adopted Design Guidelines for the
Downtown Design District. Three years later, in 1995, the City adopted a new General
Plan, which called for the adoption of Design Guidelines for all commercial development.
within the City limits. After considerable discussion, it was decided that the most
appropriate way to proceed was to simply augment the existing Downtown Design
Guidelines for application "to commercial development projects outside the existing
Downtown Design District.
The existing Design Guidelines for the downtown area remain unchanged and are
included in this document as they were adopted in 1992. They will continue to be
applied within the Downtown Design District as they have since their formal adoption.
New guidelines more applicable to the outlying commercial areas and commercial
gateways have been prepared and are included as a separate chapter in this document.
The purpose of the Design Guidelines forprojects outside the Downtown Design District
is to implement the goals and policies of the Community Design Element of the
General Plan; -11 to provide design guidance and criteria for commercial development;
to provide site planning and architectural excellence, as well as unity and integrity in
the commercial.urbanscape outside of the Downtown core; and 1 i to provide attractive
commercial areas along the major transportation corridors outside the downtown that
will stimulate business and city-wide economic development..,i to provide property
owners, developers, architects, and project designers with a comprehensive guide for
building design.
The Design Guidelines arc intended to address the concerns cxpressc-d by the Planning
Commission and City Council regarding a lack of design guidelines for commercial
development within the City, and to fulfill the direction contained in the Community
D:csign Element of the Ukiah Gence-al Plan.
The Design Guidelines arc applicable to all commercial development outside the existing
Downtown Design District, and are intended to be applied in a fair and reasonable
manner, taking into consideration the size, configuration, and location of affected and
surrounding pircels, as well as the size, scope, and purposc of the individual development
projects.
Architects,. project designers, and/or project applicants arrexpectcd to make a strong
and sincere effort to comply with the Design Guidelines and contribute to the
improvement of the City's physical image. Project applicants, with the assistance of
their architects and building designers, are expected to put forth a convincing creative
~,ite Planning
r4atural Site Features .
Generally, a designer should plan a project to fit a site's natural conditions, rather than alter a site to accommodate a stock
building plan.
Significant existing site features such. as mature trees/landscaping, lot size and configuration, topography, and the relationship
to surrounding development should be compelling factors in determining the development capacity and design of projects.
All required Grading and Drainage Plans shall be prepared by a registered civil engineer or other qualified professional
acceptable to the City Engineer.
Parking
The.numb.e.t' of parking stalls and overall parking lot design shall generally comply with the requirements.of.the Ukiah
Municipal Code (OMC.). Deviation from the parking requirements of the UMC. can be approved through the discretionary
review process provided a finding is .made that there is a unique circumstance associated with the use of the property that
results in a demand for less parking than normally.expected. These circumstances may include 'uses that would attract
young teenagers, bicyclists, or a high number of drop-off patrons.
Parking facilities shall be aesthetically screened and shaded with shrubs, trees, and short walls and fences according to the
requirements of the Zoning District in which the p.toperty is located.
The visual prominence of parking areas should be de-emphasized by separating parking areas into small components. The
practice of placing the majority of parking areas beween the. building(s) de-emphasized by separating parking areas into
small components. The practice of placing the majority of parking areas between the building(s) and [he primary street
frontage. should be avoided.
RECOMMENgED
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Rear Delivery
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F I I
Noise Screening - - -
Around Air Conditionefs
Landscaping-
. r~
Pleasant Signs
Parallel Parking
Commercial
Building
Pedestrian orientation
t'cdestrijn walkways should be included that directly link all parking areas with building entrances, off-site transportation
facilities, established sidewalks, and adjacent public rights-of-way. They should also be consisten with uses and architecture
from both a functional and aesthetic standpoint.
outdoor pedestrian spaces should he landscaped and include such features as planters along sidewalks, pedestrian oriented
signs, attractive street furniture, low-level lighting, and outdoor seating areas.
Site Planning rcont.)
lrnpatibility With Surrounding Development
i ne placement and layout of buildings, parking areas, landscaping, exterior lighting, and other site design features should
be compatible with surrounding land uses and architecture from both a functional and aesthetic standpoint.
Development should not create unattractive views for neighbors or traffic corridors. All exposed elevations should maintain
consistent architectural character. Service areas, trash. enclosures, utility meters, and mechanical and electrical equipment
should be screened from view.
Property owners are strongly encouraged to develop shared facilities such as driveways, parking areas, pedestrian walkways,
and outdoor living areas to maximize usable areas and create unique design opportunities.
Setbacks for new development should consider the character of existing frontages. Setbacks deeper than the minimum
required are encouraged only in order toallow for sidewalk widening or the creation of special pedestrian areas such as
entryways, courtways, outdoor cafes, and other features intended to enhance the pedestrian environment.
Building Design
Architecture
Monotonous box-like structures devoid of variety and distinctiveness, and without openings and changes in wall planes are
discouraged. Architectural features such as arches, raised parapets, decorated cornices, eaves, windows, balconies, entry. insets,
a variety of roof angles and pitches, and the inclusion of relief features in wall surfaces are strongly encouraged v,,hen tied into a
comprehensive design theme.
)Iilding, Colors
t he use of strong or loud colors, especially those with no tradition of local usage, should be reviewed in context with the overal
asthetic of the area.
Colors should be compatible with adjoining buildings. Color work on the side and rear walls should be compatible-with the colors
on the front or street side walls. Decoration and trim should be painted in order to call attention to it.
Building Materials
The creative use of wood, stucco, masonry (brick, stone, tile), and recycled materials are strongly encouraged. The use of metal
buildings is discouraged, unless they are designed in a creative and unique way, that meets the purpose and intent of the Design
Guidelines.
Concrete block and exposed concrete are generally acceptable building materials, provided they are treated, textured, painted,
and/or used in a pleasing aesthetic way consistent with the design guidelines. Materials should be selected to create compatibility
between the building and adjoining buildings.
Lighting
Exterior lighting should be designed to enhance building design and landscaping, as well as provide safety and security. Generally,
exterior lighting should be subdued. It should not spill out and create glare on adjoining.propenies, and should not be directed
towards the night sky.
Light standard heights should be predicted on the lighting need of the particular location and use- Till
lighting fixtures that illuminate large areas should be avoided.
ghting fixtures, standards, and ill exposed accessories should be harmonious with building design, and preferably
historic and innovative in style. All pedestrian and building access areas should be adequately lighted to provide safety, security,
and aesthetic quality.
Site Planning (cont.)
Energy Conservation
Both active solar (collectors) and passive solar (building orientation, landscaping, etc.) design are encouraged. Natural ventilation
and shading should be used to cool buildings whenever possible, and the use of sunlight should be used for direct heating and
illumination whenever possible.
Solar heating equipment need not be screened, but should be as unobtrusive as possible and complement the building design.
Every effort should be made to integrate solar panels into the roof design, flush with the roof slope.
O~'
Signs
The amount, type, and location of signage on a site shall generally comply with the requirements of the Ukiah Municipal Code_
However, sign programs should be designed tastefully and in a way where: the overall signage does not
dominate the site.
Sandwich board signs shall conform to the requirements of the Ukiah Municipal Code, and shall be tastefully
de--gned with subdued colors, minimal sign lettering, and a creative appearance. Every sign should be designed in'scale and
proportion with the surrounding built environment. Signs should be designed as an integral architectural element of the
building and site w which it principally relates.
The colors, materials, and lighting of every sign should be restrained and harmonious with the building and site. No sign shall be
placed within the public right-of-way without the securement of an Encroachment Permit.
Outdoor Storage & Service Areas
Storage areas should be limited to the rear of a site, and from public view with a solid fence or wall using concrete, wood, stone.
brick, or other similar material and should be screened.. All outdoor storage areas and enclosures, should be screened, when
possible, with landscaping.
if trash and recycling areas arc required in the discretionary review process, the dosing and building mterials for thew arce-
shall be consistent with the buildings and landscaping on the site. It shall also be consistent with the requirements of the Uk
Municipal Code.
where common mailboxes arc provided, they should be close to the front entrance of building(s), in a location approved by the
US Post Office. The architectural character should be similar in form, materials, and colors to (he surrounding buildings.
Solar collector
is visible.from street.
Solar collector cannot
be seen from street.
Fences & ells
,,ll sides of perimeter fencing exposed to public view should be
finished in a manner compatible with a project's materials,
finishes, colors, and architectural styling. Lame blank fence walls,
and fences and walls that create high visual barriers are strongly
discouraged. All proposed unpainted wood surfaces should be
treated or stained to preserve and enhance their natural colors.
No portion of a wall or fence should be used for advertising or
display. No barbed wire, concertina wire, or chain link should be
used as fencing material if the fence is visible from the public
right-of-way.. All fencing and walls shall comply with the
provisions of the Ukiah Municipal Code. No fencing or wall shall
obstruct the sight distances of motorists, as determined by the
City Engineer. (Se'e Illustration)
H ¢cpl.a nfe For Str-1 S-Od-
Picket
T_Li_
Picket
n'ninin
--LWrougg It Iron J{
Nd Pr-c~OSaWe For Street S.~cs
Chain Link
Wood & Wire
Post & Rail
Landscaping
All landscaping shall comply with zoning code requirements. Landscaping shall be proportional to the building elevations.
Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native, habitat-friendly
flowering plants are strongly encouraged. All plantings shall be of sufficient size, health and intensity so that a viable and
mature appearance can be attained in a reasonably short amount of time.
Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures: non-
deciduous street species shall be restricted to areas that do not inhibit solar access on the project site or abutting properties-
All new developments shall include a landscaping coverage of 20 percent (20x/0) of the gross area of the parcel, unless
because of the small size of a parcel, such coverage would be unreasonable.. A minimum of fifty percent. (50°/O) of the
landscaped area shall be dedicated to live plantings.
Projects involving the redevelopment/ reuse of existing buildings shall provide as much landscaping as feasible. Landscaping
Plans shall include an automatic irrigation system and Lighting Plan. All required landscaping for commercial development
projects shall be adequately maintained in a viable condition.
Parking Lots
Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4).parking stalls with a
continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall
primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50% over all paved areas within
ten years of planting. based upon the design of the parking lot, a reduced number of trees may be approved through the
discretionary review process.
Parking lots shall have a perimeter planting strip with both trees and shrubs. The planting of lawn areas with the trees and
shrubs is acceptable, provided they do not dominate the planting strips.
Parking lots with twelve (1 2) or more parking stalls shall have-defined pedestrian sidewalks or marked pedestrian facilities
within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the
use that it is serving, relief from this requirement may be approved through the discretionary review process.
Street trees arc required. They may be placed on the pruperty proposed for development instead of within the public right-
of-way if the location is approved by the City Engineer, based upon s-jfety and maintenance factors.
Species of street trees shall be selected from the Ukiah Master Tree List with the consultation of the City staff. All street trees
shall be planted consistent with the Standard Punting Deiail on file with the City Lngineer.
EXHIBI=T D
Road Improvement and Land Use Agreement
The Zoning Administrator ancUor.Planning Commission shall make findings when acting
to approve any discretionaryperm=it within the Brush Street triangle. The findings shall not be
vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court
of the basis of the action by bridging the gap between the evidence and the decision-maker's
conclusions, and shall be based upon evidence contained in the adrninistrative record. Failure to
make findings that support the following determinations shall result in a denial of the site
development permit application:
t. The proposal is consistent with the goals, objectives, and policies of the County General
Plan.
2. The, location, size, and intensity of the proposed project will not create a hazardous or
inconvenient vehicular or pedestrian traffic pattern.
3. The accessibility of off-street parking areas and the relation of parking areas with respect
to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or
surrounding uses.
4, Sufficient landscaped areas have been rese
the 'proposed- for purposes of separating or screening
proposedstructure(s) from the street and adjoining building sites, and breaking up and
screening large expanses of paved areas,
5. The proposed development will not restrict or cut out light and air on the pioperty, or on
the property in the neighborhood, nor will it hinder the development or use of buildings in the
neighborhood, or impair the value thereof.
5. The improvement of any commercial or industrial structure wi11 not have a substantial
detrimental impact on the character or value of an adjacent.residential zoning district.
7. The proposed development will not excessively damage or destroy natural features,
including trees, shrubs, creeks, and the natural grade of the site.
8. There is sufficient variety, creativity, and articulation to the architecture and design of the
structure(s) and grounds to avoid monotony and/or a box-like uninteresting extemal appearance.
Road Improvement and Land Use Agreement
Introduction
Introduction and Summary
This report presents an analysis of the anticipated traffic impacts anticipated in the northeast area of Ukiah
due to cumulative land use development and completion of an extension of Orchard Avenue from Ford Street
to Brush Street. Cumulative development included a number of undeveloped parcels in this area of the City
as well as the development of a 95-acre area in the Brush Street Triangle area which is generally bounded by
U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west. The traffic
study was completed in accordance with evaluation criteria specified by the. Mendocino Council of
Government (MCOG), and is consistent with standard traffic engineering techniques. This plan includes a
property assessment/fee structure and an associated draft AB 1600 ordinance which provides a 'structure for
funding the recommended improvements,
A previous traffic analysis for this area was completed as part of the Orr CreekBridge and Orchard Avenue
Extension Revised Draft EIR, Leonard Charles and Associates, October 2002 (Section 3.5 - Traffic and
Circulation, completed by Crane Transportation Group). A peer review of this previous traffic analysis was
completed as part of this process and is included in Appendix A.
Summary
Traffic Growth Assumptions
City of Ukiah staffprovided a list of undeveloped parcels within the study area that could potentially increase
traffic levels within the study area. These parcels are projected to generate approximately 12,165 new trips
to the surrounding street network on a daily basis,
Since no traffic model.is currently available for the City. of Ukiah, long-term background traffic growth was
determined through the use of a growth factor. A background growth rate of 1.0 percent per year for 10 years
(total growth increase of approximately 10 percent) was applied to the existing traffic volumes. This growth
rate is intended to represent land development in other areas of Ukiah and intensification of existing uses.
Three alteroative land use patterns were developed for the traffic analysis of the Brush Street Triangle area.
The altematives were crafted in order to obtain a range in vehicle trip generation and travel patterns to/from
the site, and to assist with prioritizing the. improvement projects of the circulation plan. It.was assumed that
the Brush Street Triangle area includes 95.71 acres of gross land area, The three altematives consisted of the
following..
Alternative 1-DEIR Land Use: The first alternative represents the same land use that was evaluated in
the Orr Creek Bridge and Orchard Avenue Extension Revised Draft EIR. This land use consisted of
641,728 square feet of retail space, 241,461 square feet of industrial space and 56 apartment units.
Development of Alternative 1 would be expected to result in approximately 18,189 new vehicle trips per
day on the surrounding street network.
Alternative 2 - Airport Business Park 2002 Equivalence: In order to assess a less intense retail
alternative, or one which represents an earlierphase ofAlternative 1, it was assumed that the Brush Street
Triangle area may experience comparable 10-year levels of development as the Airport Business Park.
In the 10 years since its initiation, 37.80 acres have been developed at the Airport Business Park. The
resulting 326,330 square feet of new building space was assumed to consist of both retail and industrial
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page I May 30, 2003
uses at a similar ratio to Atematives 1. Alternative 2 is projected to generate substantially fewer trips,
at approximately 8,218 vehicle trips per day.
Alternative 3 -Mixed Use: The third land use alternative is based on a mixed use concept consisting of
50 percent residential uses (47.9 acres), 25 percent commercial uses (23.9 acres) and 25 percent industrial
uses (23.9 acres). The resulting land use mix consists of 536 multi-family units, 48 single-family units,
312,720 square feet of retail uses, and 208,480 square feet of industrial uses which would be expected
to generate approximately 12,251 trips per day.
Need for Interchange Modifications
in order for the Perkins Street interchange area to operate with acceptable conditions between Orchard
Avenue and the U.S. 101 ramps, one of the following two alternatives would need to be implemented. .
A) All conflicting movements at tbePerkins Street/U.S. 101 southbound ramps intersection would need
to be prohibited through the use of a median on Perkins Street.
B) The southbound ramps at the Perkins Street interchange would be eliminated, and new southbound
off and on ramps would be relocated to the eastern terminus of Brush Street.
Due to the high cost of this alternative and long lead time in completing modifications to the State Highway
system, it is recommended that mitigation measures to serve traffic growth in northeastern Ukiah be
formulated to operate with ramp alternative "A" first, followed by alternative "B" in the future.
Recommended Mitigation Measures
Based on the operational analysis presented in the report, the following intersection improvements were
recommended.
North State StreeYU.S. 101 Northbound Ramps - Install a traffic signal.
North State Street/US. 101 Southbound Ramps - Consider prohibiting the left-turn movement from the
off-ramp.
North State StreetlBrush Street-Low Gap Road Widen the westbound approach to two lanes and
provide for protected left tum signal phasing
Main Street/Perldns.Street - Eitber install a traffic signal or modern roundabout.
Main Street/Gobbi Street - Install either a traffic signal or a single-lane. modem roundabout to mitigate
deficient operation, A roundabout with an inscribed diameter of 110 feet would operate acceptably.
Orchard Avenue/Brush Street - Install a modem roundabout.
Orchard AvenuelFord Street and Clara Avenue - Provide a center two-way left-turn lane on Orchard
Avenue to facilitate left turns onto Ford Street and Clara Avenue.
Orchard Avenue/Perkins Street - Widen the eastbound and westbound approaches to provide separate
right-tum lanes and implement right-turn overlap signal phasing on all four approaches.
Brush Street Triangle Transportation Study Mendocino Council of Govemments
P. T- Po Mav 30. 2003
Orchard,4venuelGobbi Street - Either install a traffic signal or modern roundabout.
Perkins StreeVU.S. 101 Southbound Ramps - Install a raised median on Perkins Street to eliminate all
conflicting movements. Most of the prohibited movements could be accommodated via a return U-turn
on the east side of the interchange. Begin the process of relocating the southbound ramps to the terminus
of Brush Street and closing the southbound U.S. 101/Perkins Street ramps. It is expected that this process
would take approximately 10 years.
Perkins Street/US. 101 Northbound Ramps - Install a modern roundabout to serve U-tum movements
back to the southbound ramps.
Gobbi StreetlU.S. 101 Southbound Ramps - Install a traffic signal.
Mitigation Funding
The total mitigation cost varies from $6,880,000 to $7,550,000. Almost one-half of this cost, $3,300,000 is
for the interchange ramp relocation to Brush Street. The cost to provide acceptable traffic operation, at all of
the study intersections is essentially the same under all three land use.alternatives for the Triangle .Area.
In order to finance the mitigation me.asures which would be required to accommodate the future traffic
growth, traffic impact fees have been developed. It is assumed that the cost of the mitigation measures would
be allocated to anticipated development in the study area including:
identified potential projects on vacant parcels in the City of Ukiah
- development at the Brush Street Triangle area
background land use intensification in the.City,or.County which. impacts the study area
Assuming that local development would not fund any of the interchange ramp relocation to Brush Street, the
resulting fee vanes between $1,149 and $1,547 per p.m. peak hour trip generated. If the local development
funds 50 percent of the $3,300,000 interchange relocation cost, the fee would vary. between S 1,596 and
$2,148 per p.m. peak hour trip. In order to gain adequate funds to complete the capital projects and due to
the uncertainty of the amount and type of land use to be developed on the Brush Street Triangle site, it is
recommended that the traffic impact fees be based $2,148 per p.m. peak hour trip.
Brush Street Triangle Transportation Study
Whitlock & Weinberger Transportation, Inc.
Mendocino Council of Governments
Page 3 May 30, 2003
Study Parameters
Study Area
The study area is located in thenortheast section ofthe City of Ukiah includingU.S. 101 and the City arteri als
of North State Street, East Perkins Street and Gobbi Street. The Brush Street Triangle development site is
bounded by U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west
is unincorporated County of Mendocino land.
Freeway
U.S. 101 provides travel two lanes in each direction and serves as the primarily link to other regions to the
north-and south. Interchanges in the study area include North State Street, Perkins Street, and Gobbi Street.
All of the ramp intersections at the three interchanges are uncontrolled on the main street with stop controls
on the ramp approaches to the arterials,
Arterial Streets
State Street is the primary north-south arterial in the City of Ukiah. This arterial intersects with the U. S. 101
interchange at the north end of the City and extends to an interchange with U.S. 101 at the south end of
Ukiah. Within the study area, State Street provides four travel lanes.
Perkins Street is an east-west arterial providing access between U.S. 101 and residential areas to the west.
East ofU.S. 101, Perkins Street becomes Vichy Springs Road which provides access to large unincorporated
residential areas. Between State Street and Orchard Avenue there are four travel lanes. East'of Orchard
Avenue, Perkins Street includes two travel lanes,
Gobbi Street is a two-lane arterial providing access between U.S. 101 and residential. areas to the west.
Collector Streets
Orchard Avenue is a two-lane major collector providing north-south access between Ford Street and
residential areas south of Gobbi Street. This study assumes the extension of Orchard Avenue from Ford
Street north to Brush Street.
Empire Drive - Ford Road is an east-west two-lane minor collector providing access at the north end of.
Ukiah. It is assumed that Orchard Avenue will be extended north from Brush Street to an intersection With
Ford Road near an overcrossing of U.S. 101.
Low Gap Road - Brush Street is a two-lane major collector street providing east-west access from
unincorporated areas to.the west, the high school, County Administration Center and residential areas to the
development area known as the Brush Street.Triangle Area.
Clara Avenue, which is classified as a minor collector street,, provides access through a residential
neighborhood from North State Street to Orchard Avenue.
Residential Streets
Ford Street is classified as a residential street and provides access through a residential neighborhood from
North State Street to Orchard Avenue
Brush Street Triangle Transportation Study Mendocino Council of Governments
WhiflnrLr Z1 WP.inhAroPr Trancnnr-tatinn Tnr PanP d i ,x_ )o 7nn'i
Orr Street is a minor residential street over Orr Creek which currently serves as a diversion route from
Orchard Avenue to State Street. The extension of Orchard Avenue is expected to relieve this street from
through traffic.
The study area includes the following study intersections and is shown in Figure 1.
1. North State Street/U.S. 101 NB Ramps
2. North State Street/U.S. 101 SB Ramps
3. North State Street/Ford Road-Empire Drive
4. North State Street/Brush St-Low Gap Road
5. North State Street/Ford Street
6. North State StTeetJClara Street
7. North State Street/Perkins Street
8. South State Street/Gobbi Street
9, Main Street/Perkins Street
10. Main Street/Gobbi Street
11. Orchard Avenue/Ford Road (future)
12. Orchard Avenue/Brush Street (future)
13. Orchard Avenue/Ford Street
14. Orchard Avenue/Clara Avenue
15. Orchard Avernue/Perkins Street
16. Orchard Avenue/Gobbi Street
17. Perkins StreetlU.S. 101 SB Ramps
18. Perkins StreetfU,S. 101 NB Ramps
19. Gobbi Street/U.S. 101 SB Ramps
20, Gobbi StreetlU.S. 101 NB Ramps
As shown in Figure 1, study intersection's which are controlled by traffic signals include North State Street/
Ford Road-Empire Drive, North State Street/Brush Street-Low Gap Road, North State Street/Perkins Street,
South State S treet/Gobbi Street, and Or Avenue/Perkins Street. Intersections controlled by all-way stop
signs include Main Street/Perkins Street, Main Street/Gobbi Street and Orchard Avenue/Gobbi Street. The
remaining study intersections have uncontrolled conditions on the main street and are controlled by stop signs
on the minor street approaches. Intersection turn lane configurations forthe study intersections are included
in Appendix B.
Time of Day Analysis Periods
This analysis focused on intersection operation during two peak hours of the day. Based on an analysis of
existing traffic counts, which is shown in the following section, the a.m. peak hour volumes are generally
15 to 30 percent lower than the p.m, peak hour volumes while the midday volumes range from 5 percent less
to 5 percent higher in some cases in comparison with the p.m. peak hour volumes. Therefore, the weekday
midday and p.m, peak hours were included in the analysis. Typically the midday peak hour occurs between
12:00 noon and 1:00 p.m. while the p.m. peak hour is the highest volume hour between 4:00 and 6:00 p.m.
Study Analysis Scenarios
The following scenarios were assessed in the traffic analysis.
1. Existing Traffic Operations - These conditions are based on existing weekday p.m. peak hour volumes
that were first collected in August of 2002 and were sample counted again in January of 2003 together with
midday peak hour traffic counts derived from the previous p.m peak hour counts as well as daily machine
counts collected at sample locations in January of 2003,,
II Existing plus Cumulative City Projects - This scenario includes the_addihon of the traffic anticipated
to be generated by the development of currently undeveloped parcels in the northeast study area of the City.
The extension of Orchard Avenue from Ford Street to Ford Road and its associated traffic diversion was
assumed to be completed for this scenario.
III. Future without Triangle Development - This scenario, which does not include the Triangle Area
development, includes the addition of cumulative traffic anticipated to be.generated by the undeveloped
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 5 May 30; 2003
Background Traffic Conditions
Future Road Modifications
For all future traffic analyses it was assumed that Orchard Avenue would be extended from Ford Street
through Brush Street to Ford Road. Traffic was.diverted from several routes to this new connection including
Perkins Street to North State St reet, Orchard Avenue to Clara Avenue to North State Street, Orchard Avenue
to Ford Street to North State Street and Orchard Avenue to Ford Street to Brush Street via Orr Street. .
Cumulative City Development Projects Trip Generation
City of Ukiah staff provided a list of undeveloped parcels within the study area that could potentially inciease
traffic levels within the study area. These parcels, including their Assessor Parcel number and land use are
summarized in Table.4.
Based on the ITE trip generation rates, these 12 parcels are projected to generate approximately 12,165 new
trips to the surrounding street network on a daily basis, with 760 of these trips occurring during the a.m. peak
hour, 806 during the midday peak hour and 1,172 occurring during the p.m. peak hour. These trips were
distributed to the surrounding street network in the traffic analysis. Additional cumulative development
project details including location maps and a trip generation summary are included in Appendix E. For the
purposes of this study, it was assumed that these cumulative projects would develop within a ten year period.
. Table 4
Cumulative Citv Development Proiects Trip Generation
P.M. Peak Hour
Site
APN
Land Use
Units
Trip Rate
Trips
1
001-36-039
General Light Industrial
141.06 ksf
0.98
138
2
002=09-316
Church I
12 ksf (
0.66
8
3
_ _
002-03-005
Retail I
14.37 ksf I
2.43
35
4
I
002;03-006
Retail (
94.091csf I
2.43
229
-
_5 (
-
002-16-012 & -013 (
Medical Office I
79.80 ksf
3.66
292
6 (
002-16-010 (
Medical Office
22.30 ksf
3.66
82
7 (
.002-20-038_
Retail
7.14 ksf
I 2.43
17
8
002-23-212 & -213
002-28-218 & -219
Retail
Office
Light Industrial
29.45 ksf
29.45 ksf
117.79 ksf
1.94
1.49
0.98
57
44
115
9
(several) 002=34-xxx
Office
13.94 ksf
1.49
21
10
(several) 003-58-xxx
Retail
26.14 ksf
1.95
51
11
003-04-070 & -075
Retail
22.30 ksf
1.93
43
12
003-04-030
Apartment
64 units
0.62
40
Total Trips
1,172
Note: APN = Assessor's Parcel Number
ksf = thousand square feet
Brush Street Triangle Transportation Study
vrhirlnr.k & Weinbereer Transportation. Tnc
Mendocino Council of Governments
Pace 16 May 30, 2003
t
. AGREEMENT NO. M-640
AGREEMENT REGARDING FUNDING FOR ORCHARD AVENUE BRIDGE AND
ORCHARD AVENUE EXTENSION PROJECT BETWEEN THE COUNTY OF
MENDOCINO AND ADJACENT PROPERTY OWNERS
This Agreement is entered on ,+rCA ?,3, 2009 ("Effective Date") in Ukiah,
California, between the County of Mendocino ("County"), a general law County and
political subdivision of the State of California and John and Sandra Mayfield, LLC, Jack
Cox President of Nor Cal Investment Company Inc, Wesley Caldwell, James Thomson,
and Thomas Cariveau, Administrator for the Estate of Raynette Cox Secretary of Nor
Cal Investment hereinafter known as "Adjacent Property Owners."
RECITALS:
1. On September 14, 2004, the City and County entered Road Improvement and
Land Use Agreement-7/19/04 entitled "Bridge Agreement" (which is attached hereto as
Exhibit "A" and incorporated herein by reference) pursuant to which the City approved an
environmental impact report for the construction of the Orrs Creek Bridge and Orchard
Avenue Extension project as described in the Bridge Agreement ("the Project").
2. Pursuant to the Bridge Agreement, the County consented to the City
constructing the Project within unincorporated County territory immediately north of Orrs
Creek . Among other terms, the parties further agreed to equally bear the cost of
expense of maintenance of the bridge.
3. The City has completed and obtained approval for plans and specifications for
the construction of the Project and has obtained approval from the Army Corp of
Engineers and the California Department of Fish and Game for the construction of the
Project.
4. On September 20, 2007, the Department of Commerce's Economic
Development Administration approved a joint application by the County and the City for
a grant in the amount of $1,770,000 ("the EDA Grant"). One of the terms of the EDA
Grant requires a 40% local match. The EDA Grant was based on a total project cost of
$2,950,000, which includes the Orchard Avenue Bridge, the overlay of Orchard Avenue
to Brush. Street and the right turn lane on Perkins Street. Based on the approved plans
and specifications, the current engineer's estimate of the construction cost for the
project, which consists of the bridge and the overlay of Orchard Ave. to Brush Street,
(but not including the right turn lane on Perkins Street) is $1,646,400 ("the Engineer's
Estimate"). "Currently Available Funds," as used in this Agreement means an amount
equal to the Engineer's Estimate, namely $1,646,400.
5. The Project will provide an additional north-south route for traffic originating in
or passing through the City, and will also facilitate development of property that is
currently undeveloped in the unincorporated area of Mendocino County, including the
area known as the Brush Street triangle. The construction of the Project will result in a
significant economic benefit to the community in this unincorporated area.
r -a
i
6. Should approved change orders result in the cost of the Project exceeding,
the Currently Available Funds, the adjacent property owners agree to pay all approved
change orders to the City in an amount not to exceed One Hundred Thousand Dollars
($100,000). Under this Agreement, the adjacent property owners, not the County, are
obligated to pay the Additional Project Contribution, as described in paragraph 1 of the
Agreement.
AGREEMENT:
WHEREFORE, based on the above-recitals and the terms and conditions as
further stated herein, the County and the adjacent property owners agree as follows:
1. Additional Project Contribution. Prior to the City issuing requests for bids,
the adjacent property owners agree to provide to the County an acceptable letter of
credit from the Savings Bank of Mendocino County or other security in the amount of
One Hundred Thousand Dollars ($100,000). Within ten (10) days of the bid opening, the
County, in consultation with adjacent property owners, may direct the City to reject all
bids, if the Low Bid exceeds the Engineer's Estimate. If not so directed, the City shall
proceed according to its established procedures to award or reject the bids in the City's
absolute discretion. The additional project contribution set forth above in the amount of
One Hundred Thousand Dollars ($100,000) is independent of and in addition to cost
calculations and/or payments or contributions for culvert upsizing which is estimated to
be Eighty Thousand Dollars ($80,000).
2. Use of Additional Project Contribution Funds. The City shall use the
additional project contribution funds solely and exclusively for approved change orders
that exceed the Currently Available Funds as specified.in this agreement. The additional
funds shall be paid by the adjacent property owners within 15 days after written request
by the City. The request shall be accompanied by billing documentation from the
contractor and a current accounting of construction costs including all payments made to
the contractor. Under no circumstances shall the additional project contribution be
accessed or applied to approved change orders unless and until all the Currently
Available Funds are expended by the City.
3. Change Order Review. The County Department of Transportation, in
consultation with the Chief Executive Officer and adjacent property owners, shall retain
the right, at no cost to the City; to timely review all change orders for this project to verify
accuracy and necessity. The City agrees to consider in good faith the recommendations
of any such review, but shall have final approval authority for all change orders.
5. Assignment. Any assignment of any interest in this Agreement shall not be
made without the prior written consent of the other party.
6. Application of Laws. The parties hereby agree that all applicable Federal,
State and local rules, regulations and guidelines not written into this Agreement shall
hereby apply to the parties' performance under this Agreement.
7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, and any legal action concerning the
agreement must be filed and litigated in the proper court in Mendocino County.
8. Attorneys fees. In any action to enforce the provisions of this Agreement the
prevailing party shall be entitled to recover from the other party, its reasonable attorneys'
fees in addition to its costs of suit.
9. Severability. If any provision of the Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions
shall nevertheless continue in full force and effect without being impaired or invalidated
in any way.
10. Integration. -This Agreement contains the entire agreement among the
parties and supersedes all prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No amendments to this
Agreement shall be binding unless executed in writing by both of the parties.
11. Waiver. No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute a waiver of any other provision, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by
the party making the waiver.
12. Indemnification. To the fullest extent permitted by law, the adjacent
property owners shall hold harmless, defend and indemnify the County of Mendocino, its
Board of Supervisors, employees and agents from and against any and all claims,
losses, damages, liabilities and expenses, including but not limited to attorneys' fees,
arising out of or resulting from the performance of this agreement.
13. Notice. Whenever notice, payment or other communication is required or
permitted under this Agreement it shall be deemed to have been given when personally
delivered or when deposited in the United Sates mail as certified or registered mail,
return receipt requested, and addressed as follows:
COUNTY
COUNTY OF MENDOCINO
c/o: County Executive Officer
County Administration Center
501 Low Gap Road, Rm. 1010
Ukiah, CA. 95482
JOHN & SANDRA MAYFIELD, LLC
2090 Sierra Place
Ukiah, CA 95482
14. Paragraph Headings. The paragraph headings contained herein are for
convenience and reference only and are not intended to define or limit the scope of this
Agreement.
15. Duplicate Originals. This Agreement may be executed in one or more
duplicate originals bearing the original signature of both parties and when so executed
any such duplicate original shall be admissible as proof of the existence and terms of the
Agreement between the parties.
3
03/23;2009 15:23 AX 70741427978 JACKCOXASSOC
% No Third Party Beneficiaries. This Agreement is for the exclusive benefit
of the adjacent property owners and the County and confers no rights or benefits on any
persons or entities not a signatory to this Agreement. No third party beneficiaries are
intended or established by this Agreement,
WHEREFORE, the parties have entered this Agreement on the date first written
COMPANY, INC.
v MAYF EL-4
& Sandra. Mayfield,
JACK L. COX, President
Nor-Cal Investment Co., Inc.
Icy:
G. . CAALDW L
By:
JAMES THO SON
s
(M 003
4A.-
16. No Third Party Beneficiaries. This Agreement is for the exclusive benefit
of the adjacent property owners and the County and confers no rights or benefits on any
persons or entities not a signatory to this Agreement. No third party beneficiaries are
intended or established by this Agreement.
WHEREFORE, the parties have entered this Agreement on the date first written
above.
INVEST` . NT COMPANY, INC.
By:
By:
JACK L. COX, President
Nor-Cal Investment Co., Inc.
THOMAS C',ARIVEAU, Administrator
for the Estate of Raynette Cox,
Secretary of Nor-Cal Investment Co., Inc.
a
By:
G. . CALDW L
d MAYFIEEr(,
& Sandra Mayfield,
By:5cw~-u-
JAMES THO SON
COUNTY OF M
O
CHAIR, E)6ard of Supervisors
ATTEST:
JET INEN B. NADEL, County
4b
~'JS
t n
ROAD IMPROVEMENT AND LAND USE AGREEMENT -`7/;1'9;/04,_... r
This Agreement is made and entered on 2004 "Effectivee'i iah,
California, by and between the City of Ukiah ("City"), a general law municipal corP~~ Alm
the County of Mendocino ("County"), a political subdivision of the State of California.
RECITALS :
1. The City has under review the construction of certain improvements which will
consist of constructing a bridge over Orrs Creek and extending Orchard Avenue to Brush Street.
These improvements are more particularly described in the attached Exhibit A, which is
incorporated herein bj this reference ("Orchard Avenue Bridge Improvements").
2. The City has prepared a Revised Draft Environmental Impact Report ("RDEIR"),
dated October 2002, for the Orrs Creek Bridge and Orchard Avenue Extension project under the
provisions of the California Environmental Quality Act ("CEQA") which has determined that the
construction of the Orrs Creek Bridge and Orchard Avenue Extension will promote commercial
development in an unincorporated area ("Brush Street triangle"), depicted and described in the
attached Exhibit B which is incorporated herein by this reference.
3. According to the RDEIR, commercial development within the Brush Street triangle
will have adverse impacts on traffic and other adverse environmental impacts within the
incorporated limits of the City of Ukiah.
4. Both parties also acknowledge that potential commercial development outside the
Brush Street triangle, including within the City of Ukiah, may have adverse traffic impacts within
the Brush Street triangle.
5. Under its current zoning designation and the applicable provisions of the Mendocino
County zoning ordinance, some commercial and industrial development in the Brush Street
triangle can be constructed on existing parcels subject only to obtaining building permits from
the County. No discretionary permits, such as use or site development permits, are required. As
a consequence, unless the County imposes additional land use regulations in the Brush Street
triangle, property owners may construct some commercial and industrial development with
potentially adverse environmental impacts within the incorporated limits of the City without
adequate means currently in place to assess or mitigate those impacts.
6. The City takes the position that under the requirements of CEQA it cannot certify the
RDEIR and undertake the construction of the Orchard Avenue Bridge Improvements, unless it
can find that cumulative adverse environmental impacts within the City of Ukiah from
construction of the Orr Creek Bridge, including development in the Brush Street triangle, as
identified in the RDEIR or as may be identified in future evaluations of specific projects, are
reduced to the point below the threshold of significance through changes to the projects or the
adoption of enforceable conditions to the approval of those projects.
EXHIBIT Q
7. Pursuant to Streets and Highways Code § 1810, the County has no objection to the
City acquiring right of way and constructing the Orchard Avenue Bridge Improvements partially
within the unincorporated area.
AGREEMENT:
Wherefore, in consideration of the above-recited facts and the terms and conditions as
further stated herein, the parties hereby agree as follows,
1. Consent to Construction of Improvements. The County hereby consents to the
construction of those Orchard Avenue Bridge Improvements which will be within the
unincorporated areas of the County and within any right of way acquired for the extension of
Orchard Avenue or for the construction of the Orchard Avenue Bridge Improvements, lying north
of the Ukiah City limits.
2. Dedication to the County. The City shall irrevocably offer to dedicate to the County
the constructed improvements north of the north bridge abutment and all acquired rights of way
north of the north bridge abutment not already owned by the County which are part of the
extension of Orchard Avenue within the unincorporated area. The County shall accept the rights
of way and improvements as part of the County Maintained Road System and shall assume
maintenance responsibility for the Orchard Avenue Road Improvements located outside City
limits, north of the north bridge abutment. That acceptance shall occur within sixty (60) days
after the improvements have been completed in compliance with the plans and specifications for
their construction.
3. Maintenance, Rehabilitation and Replacement of Orchard Avenue Bridge. AS
long as the Orchard Avenue Bridge remains within the jurisdictional boundaries of both the City
and the County, the expense of maintenance of the bridge shall be borne equally by the City and
the County.. Maintenance of the bridge shall be the responsibility of the City and shall occur on
an as needed basis. Annually, after completion of the bridge, the City shall submit an invoice to
the County setting forth the actual expenditure for the maintenance of the bridge for the previous
twelve (12) months, indicating County's share as one-half the expenditure amount. The County
shall pay the invoice within sixty (60) days of its submission. As long as the bridge remains
within the jurisdictional boundaries of both the City and the County, the cost of rehabilitation and
replacement of the bridge shall be borne equally by the City and the County. If the Brush Street
triangle, or any portion contiguous to the bridge, is annexed into the City, the Orchard Avenue
Bridge shall also be annexed and all future maintenance, rehabilitation and replacement costs
shall be borne entirely by the City; likewise, if the.entire bridge is annexed into the County, all
future maintenance, rehabilitation and replacement costs shall be borne entirely by the County.
4. Construction of improvements. The City shall construct the Orchard Avenue Bridge
and Orchard Avenue Extension in.accordance with the construction schedule set forth in the
contract documents for the construction of these improvements, unless the time for completion is
extended with the approval of the City or as a result of the contractor's performance.
2
~y,
5. Future County land use approvals. Prior to issuing any building permit for
construction within the Brush Street triangle, the County agrees to adopt and apply to each
development proposal in the Brush Street"triangle land use regulations that: (1) require
discretionary approval by the County of any commercial development or other development with
potentially significant adverse environmental impacts (either individually or cumulatively) within
the City of Ukiah ("a Project") and to evaluate such impacts in accordance with the requirements
of CEQA prior to approving any such Project; and (2) applies the design principles contained on
Pages 18 through 22 (Design Guidelines-Commercial Projects Outside the Downtown Design
District) of the Commercial Development Design Guidelines attached hereto as Exhibit C. The
discretionary approval by the County for commercial developments shall, at a minimum, include
findings as set forth in Exhibit D. Any such discretionary approval shall provide the County with
sufficient authority to impose conditions or take other actions to adequately mitigate any adverse
environmental impacts identified during the evaluation of the Project in compliance with CEQA.
6. Process by which County adopts land use approvals. The County will proceed to
amend its zoning ordinance providing discretionary approval authority as described in paragraph
5 of this Agreement. Within 90 days of receipt by the City of the land use regulations adopted by
the County pursuant to this paragraph 6 and upon the City's satisfaction therewith, the City shall
take final action on the Revised Draft EIR for the Orchard Avenue Bridge Improvements.
Within 45 days of its receipt of said land use changes, the City shall notify the County in writing
as to whether or not it is satisfied that those changes comply with the requirements of this
Agreement. If the City is not satisfied with the amended land use regulations, the notice shall
include the reasons for the City's dissatisfaction.
7. Mitigations.
7.1 The parties acknowledge that the Mendocino Council of Governments
("MCOG"), at their request, commissioned a technical study, entitled Brush Street
Triangle Transportation Study (W-trans, May 30, 2003) which can be used as deemed
appropriate by the parties to develop for adoption by the County and the City resolutions
imposing off-site capital improvement fees sufficient to fund capital improvements
necessary to mitigate traffic impacts from development within the "MCOG study area,"
which includes the Brush Street Triangle Development Area, as well as other
development areas, all as depicted and described on pages 1-5 and 16 of the MCOG
Study, a true and correct copy of which is attached hereto as Exhibit E and incorporated
herein by reference. The County and the City shall endeavor to adopt off-site capital
improvement fees as authorized by the Mitigation Fee Act to fund capital improvements
in the City and the County necessary to adequately fund mitigations for traffic impacts
from developments that will generate additional traffic within the MCOG study area.
This Agreement does not obligate either the City or the County to accept or use the study
in the form approved by MCOG. Each jurisdiction shall have discretion to adopt a study
that it determines fairly and adequately apportions among affected parcels of land the cost
of constructing improvements to adequately mitigate off-site adverse environmental
impacts of new development within the MCOG study area, but the parties shall endeavor
to coordinate their studies and to make them compatible.
7.2. In evaluating the environmental impacts of a project that will generate
additional traffic within the MCOG study area (as defined in paragraph 7.1 above), the
County and the City shall consider the EIR certified by the City for Orchard Avenue
Bridge and Orchard Avenue Extension and shall, in compliance with CEQA, mitigate
project-related traffic impacts within the City as well as in the unincorporated area,
comprising the MCOG study area. In evaluating the impacts of any individual such
projects within the MCOG study area, the County and the City shall include an evaluation
of the cumulative impacts from all potential new development that may generate
additional traffic within that area. Neither the City nor the County shall rely on its lack of
jurisdiction within the other jurisdiction to find that it is infeasible to mitigate an adverse
environmental impact in the other jurisdiction. The County and the City shall take steps
to fund improvements in the other jurisdiction deemed necessary to mitigate adverse
environmental impacts from full development of projects that will generate additional
traffic within the entire MCOG study area. Subject to Section 7.3, below, neither the
County nor the City shall approve any project that will generate additional traffic within
the MCOG study area, unless. such steps have been taken to fund that project's
proportionate share of the costs to mitigate such environmental impacts. The amount
contributed by or on behalf of such projects shall satisfy the proportionality requirements
of the Mitigation Fee Act (Cal. Gov't Code § 66000 et seq.).
7.3. The MCOG Study identifies a series of recommended mitigations to address
cumulative traffic impacts of development within the MCOG study area. The parties
agree that these mitigations should be prioritized with some performed before others, and
that some of the proposed mitigations may require revision or modification based on the
infeasibility of the mitigations or development of a better alternative. The parties also
recognize that development in the portions of the MCOG study area located within the
City and within the unincorporated area of the County is likely to take place at different
rates. The parties shall determine a schedule tied to increased levels of traffic for
constructing the recommended traffic mitigations or any agreed upon modifications of
such mitigations. Those mitigations, including any agreed upon modifications, shall
either (1) be constructed when called for under the agreed upon schedule, or (2) the
project shall not be approved, if sufficient funding is not available to construct the
mitigations as scheduled; or, the jurisdiction or jurisdictions where the development
triggering the need for the mitigations has occurred may proportionally fund the shortfall
with a right of reimbursement from the fees paid by future developments; or, the
jurisdiction may require a given project, in lieu of paying its full share of each mitigation
identified in the MCOG study (or other study referred to in paragraph 7. 1), to pay a higher
proportional share of a specific mitigation, provided that each project pays its
proportional share of the total mitigation costs identified in the MCOG study or other
study under paragraph 7.1.
7.4. The foregoing provisions of this paragraph shall not preclude either the City
or the County from adopting a statement of overriding consideration for specific projects
that the City or County approves prior to the adoption of off-site capital improvement
4
fees under the Mitigation Fee Act for projects within the MCOG study area; provided
however the City or County complies with its obligations under Section 7.3 above and
further provided each project pays its proportional share of the mitigation costs identified
in the MCOG study or other study under paragraph 7.1.
8. Modifications. City or County may, from time to time, request changes in the terms
of this Agreement. Such changes, which are mutually agreed upon by and between City and the
County, and approved by the City Council and the Board of Supervisors, shall be incorporated in
written amendments to this Agreement.
9. Assignment. City and County shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment or novation), without the prior
written consent of the other party.
10. Application of Laws. The parties hereby agree that all applicable Federal, State and
local rules, regulations and guidelines not written into this Agreement shall hereby apply to the
parties' performance under this Agreement.
11. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California, and any legal action concerning the agreement must be
filed and litigated in the proper court in Mendocino County.
12. Attorneys fees. In any action to enforce the provisions of this Agreement the
prevailing party shall be entitled to recover from the other party, its reasonable attorneys' fees in
addition to its costs of suit.
13. Severability. If any provision of the Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable; the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated in any way.
14. Integration. This Agreement contains the entire agreement among the. parties and
supersedes all prior and contemporaneous oral and written agreements, understandings, and
representations among the parties. No amendments to this Agreement shall be binding unless
executed in writing by both of the parties.
15. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or
shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
16. Notice. Whenever notice, payment or other communication is required or permitted
under this Agreement it shall be deemed to have been given when personally delivered or when
deposited in the United Sates mail as certified or registered mail, return receipt requested, and
addressed as follows:
COUNTY
County of Mendocino
c/o: County Administrator
County Administration Center
501 Low Gap Road
Ukiah, CA. 95482
UK.I.AH
City of Ukiah
c/o: City Manager
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
17. Paragraph headings. The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope of this Agreement.
18. Duplicate originals. This Agreement maybe executed in one or more duplicate
originals bearing the original signature of both parties and when so executed any such duplicate
original shall be admissible as proof of the existence and terms of the Agreement between the
parties.
19. No third party beneficiaries. This Agreement is for the exclusive benefit of City
and County and confers no rights or benefits on any persons or entities not a signatory to this
Agreement. No third parry beneficiaries are intended or established by this Agreement.
YaWREFORE, the parties have entered this Agreement on the date first written above.
CITY OF UKIAH
1 4yor
ATTE T:
City Clerk
Approved as to form:
Cityrriey
CO
1i~0INE
c
UN 0
By:
Chairman of the Board of Supervisors
@ Iler e )y cer,i1' Uiat aocor'ding its lthe,
provisions of ' overnment Code
Sections 25103, delivery of this
document has been made.
6 KRISTI FURMAN
Clerk of the1Bbard
By:
ATTEST:
Clerk of the Board
Approved as to form:
COUnty Couns&I
EXHIBIT A
Road Improvement and Lard Use Agreernent
ORCHARD AVENUE BRIDGE IMPROVEMENTS
TIV
Ukiah was
"jiect p opo aso en a roadway improvement project- This project
Orchard Avenue to the south of the Stu when the ~ approved the KMART project on
.traveling through residential areas north and wArea. 7T~e est of ~T PStoere. resulted in greed
to investigate the possibility of constructtn The Cm agreed
9 the currently proposed project as a means of
alleviating those traffic effects. This EIR is the fulfillment of the Cit}~s irrtention regarding
that past project. The proposed project improvements (as shown on Figures r and 5)
indude the following:
1. Extend Orchard Avenue to Brush Street from its current northern terminus at Ford
Street. Improve Orchard Avenue from Ford Street to the bridge to provide two
travel lanes and dirt shoulders plus adequate.taper to the bridge.
2. Construct a concrete bridge across Orr Creek. The bridge would be
approximately 95 feel long. It would have a total width of 62 feet to allow four
travel lanes plus 4-foot wide bike lanes and 5-foo( wide sidewalks on both sides.
Initially, only two travel lanes would be constructed on the bridge.
The bridge would include a middle support which would be constructed in the
lower portion of the north bank as shown on Figure 5. The support would be a
"pile bent" system (.c., piers set in the ground to support the bridge structure)
using 13 15-inch diameter piles placed in a single row parallel with the stream
channel.
It is possible that the final geotechnical design report will recommend armoring of
the north bank to prevent erosion.
3. North of the bridge, Orchard Avenue would be extended to Brush Street. The
extension would include two 12-toot wide travel lanes with 6-fool wide dirt
shoulders.
4. South of the southern bridge abutment, ramps would be cons(rucied on the east
and west side of Orchard Avenue. The 16-foot wide ramps would be
constructed to allow City maintenance vehicle access to City-owned property on
the south side of Orr Creek. The ramps would be gated and not allow public
access.
5. A storm drain would be constructed that would collect runoff from ditches south
of Brush Street and north of Orr Creek, Roadside ditches would be constructed
adjacent to the Orchard Avenue Extension north of Orr Creek. The runoff in
(hese ditches would be directed to a storm drain inlel located about 120 feel south
of Brush Street. A 48-inch underground storm drain would then transport runoff
to a discharge point beneath the north abutment of the proposed bridge. Runoff
would then discharge down the north bank of the creek beneath the bridge to Orr
Creek- A rock outfall would be construded beneath the storm drain outlet to
prevent streambank erosion. The drainage pipe has been designed to handle
flows from possible future development in the Study Area.
A 12-inch wafer line would be extended from its current northern terminus on
Orchard Avenue north to Brush Street along the east side of the future Orchard
Avenue Extension/Public Utility Easement right-of-way. The water line would be
allached to the east side of the bridge above the 100-year flood elevation. The
new water line is proposed to provide adequate fireflows along Ford Street (i.e.,
allowing the water lines to be "looped"). No new service would be provided off
this new water line.
A 130-.foot retaining wall would be constructed along a portion of the west side
of the Orchard Avenue Extension. The retaining wall would start about 270 feet
north of Ford Street and extend about 1 15 feet north and then turn west for about
30 feet along the south side of the proposed maintenance ramp road. The
retaining wall would have a maximum elevation of about 5 feet.
The bridge structure would indude conduits to accommodate future electrical and
communication lines.
EXHIBIT B
Road Improvement and Land Use Agreement
NOTE: The source of this map is Figure 6 of the Revised Draft EIR dated October 2002.
EXHIBIT C
Road
Improvement and Land Use Agreement
f
Purpose Intent
On May 20,'! 992, the Ukiah Redevelopment Agency adopted Design Guidelines for the
Downtown Design District. Three years later, in 1995, the City adopted a new General
plan, which called for the adoption of Design Guidelines for all commercial development
within the City limits. After considerable discussion, it was decided that the most `
appropriate way to proceed was to simply augment the existing Downtown Design
Guidelines for application to commercial development projects outside the existing
Downtown Design District.
The existing Design Guidelines for the downtown area remain unchanged and are
included in this document as they were adopted in 1992. They will continue to be
.
applied within the Downtown Design District as they have since their formal adoption.
New guidelines more applicable to the outlying commercial areas and commercial
gateways have been prepared. and are included as a separate chapter in this document.
The purpose of the Design Guidelines for projects outside the Downtown Design District
is ; t to implement the goals and policies of the Community Design Element of the
General Plan: ?t to provide design guidance and criteria for commercial development;
to provide site planning and architectural excellence, as well as unity and integrity in
the commercia1, urbanscape outside of the Downtown core; and -t i to provide attractive
commercial areas along the major transportation corridors outside the downtown that
=
will stimulate business and city-wide economic development. .-,i to provide property
- -
owners, developers, architects, and project designers with a comprehensive guide for
building design.
The Design Guidelines arc intended to address the concerns expressed by the Planning
Commission and City Council regarding a lack of design guidelines for commercial
development within the City, and to fulfill the direction contained in the Community
D~csign Element of the Ukiah Gencial Plan.
l..
The Design Guidelines arc applicable to all commercial development outside the existing
a~ T-=zzl~
Downtown Design District, and are intended to be applied in a fair and reasonable
manner, taking into consideration the sire, configuration, and location of affected and
surrounding p.3rccls, as well as the size, scope, and purpose of the individual development
j T-
projects.
Architect_s,. project designers, and/or project applicants arc expected to make a strong
and sincere effort to comply with the Design Guidelines and contribute to the
improvement of the City's physical image. Project applicants, with the assistance of
their architects and building designers, are expected to put forth a .convincing creative
Site Planning
Natural Site Features
Generally, a designer should plan a project to fit a site's natural conditions, rather than alter a site to accommodate a stock
building plan. `
Significant existing site features such as mature trees/landscaping, lot size and configuration, topography, and the relationship
to surrounding development should be compelling factors in determining the development capacity and design of projects.
All required Grading and Drainage Plans shall be prepared by a registered civil engineer or other qualified professional
acceptable to the City Engineer:
park.ing
The. number of parking stalls and overall parking lot design shall generally comply with the requirements.of_ the Ukiah
Municipal Code (UMC.): Deviation from the parking requirements of the UMC. can be approved through the discretionary
review process provided a finding is made that there is a unique circumstance associated with the use of the property that
results in a demand for less parking than normally expected. These circumstances may include 'uses that would attract
young teenagers, bicyclists, or a high number of drop-off patrons.
Parking facilities shall be aesthetically screened and shaded with shrubs, trees, and short walls and fences according to the
requirements of the Zoning District in which the property is located.
The visual prominence'of parking areas should be de-emphasized by separating parking areas into small components. The
practice of placing the majority of parking areas beween the .building(s) de-emphasized by separating parking areas into
small components. The practice of placing the majority of parking areas between the building(s) and the primary street
frontage. should be avoided.
k RECOMMENDED
Rear Deliyery
~I
1 I
Noise Screening
Around Air Conditioners F-
Landscaping
0
Pleasant Signs C1
Parallel Parking
Commercial
Building
pedestrian Orientation
I)edestrian walkways should be included that directly link all parking areas with building entrances, off-site transportation
facilities, established sidewalks, and adjacent public rights-of-way. They should also he consisten with uses and architecture
from both a functional and aesthetic standpoint.
outdoor pedestrian spaces should be landscaped and include such features as planters along sidewalks, pedestrian oriented
signs, attractive street furniture, low-level lighting, and outdoor seating areas.
Site Planning (Cont.)
jmpatibility With Surrounding. Development
t he placement and layout of buildings, parking areas, landscaping, exterior lighting, and other site design features should
be compatible with surrounding land uses and architecture from both a functional and aesthetic standpoint.
Development should not create unattractive views for neighbors or traffic corridors. All exposed elevations should maintain
consistent architectural character. Service areas, trash. enclosures, utility meters, and mechanical and electrical equipment
should be screened from view.
Property owners are strongly encouraged to develop shared facilities such as driveways, parking areas, pedestrian walkways,
and outdoor living areas to maximize usable areas and create unique design opportunities.
setbacks for new development should consider the character of existing frontages. Setbacks deeper than the minimum
required are encouraged only in order to allow for sidewalk widening or the creation of special pedestrian areas such as
entryways, courtways, outdoor cafes, and other features intended to enhance the pedestrian environment.
Building Design
Architecture
Monotonous box-like structures devoid of variety and distinctiveness, and without openings and changes in wall planes are
discouraged. Architectural features such as arches, raised parapets, decorated cornices, eaves, windows, balconies, entry insets,
a variety of roof angles and pitches, and the inclusion of relief features in wall surfaces are strongly encouraged ",hen tied into a
comprehensive design theme.
)!ilding Colors
t he use of strong or loud colors, especially those with no tradition of local usage, should be reviewed in context with the overal
asthetic of the area.
Colors should be compatible with adjoining buildings. Color work on the side and rear walls should be compatible with the colors
on the front or street side walls. Decoration and trim should be painted in order to call attention to it.
Building Materials
The creative use of wood, stucco, masonry (brick, stone, tile), and recycled materials are strongly encouraged. The use of metal
buildings is discouraged, unless they are designed in a creative and unique way, that meets the purpose and intent of the Design
Guidelines.
Concrete block and exposed concrete arc generally acceptable building materials, provided they are treated, textured, painted,
and/or used in a pleasing aesthetic way consistent with the design guidelines. Materials should be selected to create compatibility
between the building and adjoining buildings.
Lighting
Exterior lighting should be designed to enhance building design and landscaping, as well as provide safety and security. Generally,
exterior lighting should be subdued. It should not spill out and create glare on adjoining properties, and should not be directed
towards the night sky.
Light standard heights should be predicated on the lighting need of the particular location and use. Tall
lighting fixtures that illuminate large areas should be avoided.
Lighting fixtures, standards, and all exposed accessories should be harmonious with building design, and preferably
historic and innovative in style. All pedestrian and building access areas should be adequately lighted to provide safety, security,
and aesthetic quality.
Site Planning (Con t.)
Energy Conservation
Both active solar (collectors) and passive solar (building orientation, landscaping, etc.) design are encouraged. Natural ventilation
and shading should be used to cool buildings whenever possible, and the use of sunlight should be used-for direct heating and
illumination whenever possible.
Solar heating equipment need not be screened, but should be as unobtrusive as possible and complement the building design.
Every effort should be made to integrate solar panels into the roof design, flush with the roof slope.
~RE
Signs
The amount, type, and location of signage on a site shall generally comply with the requirements of the Ukiah Municipal Code.
However, sign programs 'should be designed tastefully and in a way where the overall signage does not
dominate the site.
Sandwich board signs shall conform to the requirements of the Ukiah Municipal Code, and shall be tastefully
designed with subdued colors, minimal sign lettering, and a creative appearance. Every sign should be designed in'scale and
proportion with the surrounding built environment. Signs should be designed as an integral architectural element of the
building and site to which it principally relates.
The colors, materials, and lighting of every sign should be restrained and harmonious with the building and site. No sign shall be
placed within the public right-of-way without the securement of an Encroachment Permit.
Outdoor Storage & Service Areas
Storage areas should be limited to the rear of a site, and from public view with a solid fence or wall using concrete, wood, stone.
brick, or'other similar material and should be screened. All outdoor storage areas and enclosures.should be screened, when
possible, with landscaping.
if trash and recycling areas arc required in the discretionary review process, the dosing and building materials for these are-
shall be consistent with the buildings and landscaping on the site. it shall also be consistent with the requirements of the Uk
Municipal Code.
Where common mailboxes arc provided, they should be close to the front entrance of building(s), in a location approved by the
US Post Office. The architectural character should be similar in form, materials, and colors to the surrounding buildings.
Solar collector
is visible from street.
Solar collector cannot
be seen from street.
Fences & Walls
,il sides of perimeter fencing exposed to public view should be
finished in a manner compatible with a project's materials,
finishes, colors, and architectural styling. Large blank fence walls,
and fences and walls that create high visual barriers are strongly
discouraged. All proposed unpainted wood surfaces should be
treated or stained to preserve and enhance their natural colors.
No portion of a wall or fence should be used for advertising or
display. No barbed wire, concertina wire, or chain link should be
used as fencing material if the fence is visible from the public
right-of-way. All fencing and walls shall comply with the
provisions of the Ukiah Municipal Code. No fencing or wall shall
obstruct the sight distances of motorists, as determined by the
City Engineer. (See Illustration)
AC-PUDEC Pot Street Side
Picket.
7. l
Puget
I
-~Wroug"~fitt Irron - t
Not r.csyatxe For Sroht Sales
Chain Link
Wood & Wire
Post & Rail
Landscaping
All landscaping shall comply with zoning code requirements. Landscaping shall be proportional to the building elevations.
Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native, habitat-friendly
flowering plants are strongly encouraged. All plantings shall be of sufficient size, health and intensity so that a viable and
mature appearance can be attained in a reasonably short amount of time.
Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-
deciduous street species shall be restricted to areas that do not inhibit solar access on the project site or abutting properties-
All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless
because of the small size of a parcel, such coverage would be unreasonable. A minimum of fifty percent (5011/o) of the
landscaped area shall be dedicated to live plantings.
Projects involving the redevelopment/ reuse of existing buildings shall provide as much landscaping as feasible. Landscaping
Plans shall include an automatic irrigation system and Lighting Plan. All required landscaping for commercial development
projects shall be adequately maintained in a viable condition.
Parking Lots
Parking lots with twelve (t2) or more parking stalls shall have a tree placed between every four (4) parking stalls with a
continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall
primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50% over all paved areas within
ten years of planting- Based upon the design of the parking lot, a reduced number of trees may be approved through the
discretionary review process.
Parking lots shall have a perimeter planting strip with both trees and shrubs. The planting of lawn areas with the trees and
shrubs is acceptable, provided they do not dominate the planting strips.
]larking lots with twelve 2) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities
within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the
use that it is serving, relief from this requirement may be approved through the discretionary review process.
Street trees are required. They may be placed on the property proposed for development instead of within the public right-
of-way if the location is approved by the City Engineer, based upon safety and maintenance factors.
Species of street trees shill be sefeeted from the Ukiah Master Tree List with the consultation of the City staff. All street trees
shall be planted consistent with the Standard Planting Dct.ail on file with the City Engineer.
EXHIBIT D
Road Improvement and Land Use Agreement
The Zoning Administrator and/or Planning Commission shall make findings when acting
to approve any discretionary permit within the Brush Street triangle. The findings shall not be
vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court
of the basis of the action by bridging the gap between the evidence and the decision-maker's
conclusions, and shall be based upon evidence contained in the administrative record. Failure to
make findings that support the following determinations shall result in a denial of the site
development permit application:
1. The proposal is consistent with the goals, objectives, and policies of the County General
Plan.
2. The. location, size, and intensity of the proposed project will not create a hazardous or
inconvenient vehicular or pedestrian traffic pattern.
3. The accessibility of off-street parking areas and the relation of parking areas with respect
to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or
surrounding uses.
4. Sufficient landscaped areas have been reserved for purposes of separating or screening
the proposed structure(s) from the street and adjoining building sites, and breaking up and
screening large expanses of paved areas.
5. The proposed development will not restrict or cut out light and air on the property, or on
the property in the neighborhood; nor will it hinder the development or use of buildings in the
neighborhood, orimpair the value thereof.
6. The improvement of any commercial or industrial structure will not have a substantial
detrimental impact on the character or value of an adjacent.residendal zoning district.
7. The proposed development will not excessively damage or destroy natural features,
including trees, shrubs, creeks, and the. natural grade of the site.
8. There is sufficient variety, creativity, and articulation to the architecture and design of the
structure(s) and grounds to avoid monotony and/or a box-like uninteresting external appearance.
EXHIBIT E
Road Improvement and Land Use Agreement
Introduction
Introduction and Summary
This report presents an analysis of the anticipated traffic impacts anticipated in the northeast area of Ukiah
due to cumulative land use development and completion of an extension of Orchard Avenue from Ford Street
to Brush Street. Cumulative development included a number of undeveloped parcels in this area of the City
as well as the development of a 95-acre area in the Brush Street Triangle area which is generally bounded by
U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west. The traffic
study was completed in accordance with evaluation criteria specified by the. Mendocino Council of
Government (MCOG), and is consistent with standard traffic engineering techniques. This plan includes a
property assessment/fee structure and an associated draft AB 1600 ordinance which provides a structure for
funding the recommended improvements.
A previous traffic analysis for this area was completed as part of the Orr CreekBridge and Orchard Avenue
Extension Revised Draft EIR, Leonard Charles and Associates, October 2002 (Section 3.5 - Traffic and
Circulation, completed by Crane Transportation Group). A peer review of this previous traffic analysis was
completed as part of this process and is included in Appendix A.
Summary
Traffic Growth Assumptions
City of Ukiah staff provided a list of undeveloped parcels within the study area that could potentially increase
traffic levels within the study area. These parcels are projected to generate approximately 12,165 new trips
to the surrounding street network on a daily basis.
Since no traffic model is currently available for the City of Ukiah, long-term background traffic growth was
determined through the use of a growth factor. A background growth rate of 1.0 percent per year for 10 years
(total growth increase of approximately 10 percent) was applied to the existing traffic volumes. This growth
rate is intended to represent land development in other areas of Ukiah and intensification of existing uses.
Three alternative land use patterns were developed for the traffic analysis of the Brush Street Triangle area.
The alternatives were crafted in order to obtain a range in vehicle trip generation and travel patterns to/from
the site, and to assist with prioritizing the improvement projects of the circulation plan. It was assumed that
the Brush Street Triangle area includes 95.71 acres of gross land area. The three altematives consisted of the
following:
Alternative I -DEIR Land Use: The first alternative represents the same land use that was evaluated in
the Orr Creek Bridge and Orchard Avenue Extension Revised Draft EIR. This land use consisted of
641,728 square feet of retail space, 241,461 square feet of industrial space and 56 apartment units.
Development of Alternative 1 would be expected to result in approximately 18,189 new vehicle trips per
day on the surrounding street network.
Alternative 2 - Airport Business Park 2002 Equivalence: In order to assess a less intense retail
altemative, or one which represents an earlier phase of Alternative 1, it was assumed that the Brush Street
Triangle area may experience comparable 10-year levels of development as the Airport Business Park.
In the 10 years since its initiation, 37.80 acres have been developed at the Airport Business Park. The
resulting 326,330 square feet of new building space was assumed to consist of both retail and industrial
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 1 May 30, 2003
}
s,y
uses at a similar ratio to Alternatives 1. Alternative 2 is projected to generate substantially fewer trips,
at approximately 8,218 vehicle trips per day.
Alternative 3 -Mixed Use: The third land use alternative is based on a mixed use concept consisting of
50 percent residential uses (47.9 acres), 25 percent commercial uses (23.9 acres) and 25 percent industrial
uses (23.9 acres). The resulting land use mix consists of 536 multi-family units, 48 single-family units,
312,720 square feet of retail uses, and 208,480 square feet of industrial uses which would be expected
to generate approximately 12,251 lips per day.
Need for Interchange Modifications
In order for the Perkins Street interchange area to operate with acceptable conditions between Orchard
Avenue and the U.S. 101 ramps, one of the following two alternatives would need to be implemented.
A) All conflicting movements at the Perkins Street/U.S. 101 southbound ramps intersection would need
to be prohibited through the use of a median on Perkins Street.
B) The southbound ramps at the Perkins Street interchange would be eliminated, and new southbound
off and on ramps would be relocated to the eastern terminus of Brush Street.
Due to the high cost of this alternative and long lead time in completing modifications to the State Highway
system, it is recommended that mitigation measures to serve traffic growth in northeastem Ukiah be
formulated to operate with ramp alternative "A" first, followed by alternative `T" in the future.
Recommended Mitigation Measures
Based on the operational analysis presented in the report, the following intersection improvements were
recommended.
North State StreetlU.S. 101 Northbound Ramps - Install a traffic signal.
North State Street/U. S. 101 Southbound Ramps - Consider prohibiting the left-turn movement from the
o ff-ramp,
North State Street/Brush Street-Low Gap Road - Widen the westbound approach to two lanes and
provide for protected left tum signal phasing
Main StreetlPerkins. Street - Either install a traffic signal or modern roundabout.
Main StreetlGobbi Street - Install either a traffic signal or a single-lane modern roundabout to mitigate
deficient operation. A roundabout with an inscribed diameter of 110 feet would operate acceptably.
Orchard Avenue/Brush Street - Install a modem roundabout.
Orchard Avenue/Ford Street and Clara Avenue - Provide a center two-way left-turn lane on Orchard
Avenue to facilitate left turns onto Ford Street and Clara Avenue.
Orchard Avenue/Perkins Street - Widen the eastbound and westbound approaches to provide separate
right-turn lanes and implement right-turn overlap signal phasing on all four approaches.
Brush Street Triangle Transportation Study Mendocino Council of Governments
p. T,,,- P? RP' 7 Mav 30.2003
Orchard Avenue/Gobbi Street -Either install a traffic signal or modem roundabout,
Perkins Street/U.S. 101 Southbound Ramps - Install a raised median on Perkins Street to eliminate all
conflicting movements. Most of the prohibited movements could be accommodated via a return U-turn
on the east side of the interchange. Begin the process of relocating the southbound ramps to the terminus
ofBmsh Street and closing the southbound U.S, 101/Perkins Street ramps. It is expected that this process
would take approximately 10 years.
Perkins Street1U.S. 101 Northbound Ramps -Install a modem roundabout to serve U-turn movements
back to the southbound ramps.
Gobbi Street/U.S. 101 Southbound Ramps - Install a traffic signal.
Mitigation Funding
The total mitigation cost varies from $6,880,000 to $7,550,000. Almost one-half of this cost, $3,300,000 is
for the interchange ramp relocation to Brush Street. The cost to provide acceptable traffic operation at all of
the study intersections is essentially the same under all three land use alternatives for the Triangle Area.
In order to finance the mitigation measures which would be required to accommodate the future traffic
growth, traffic impact fees have been developed. It is assumed that the cost of the mitigation measures would
be allocated to anticipated development in the study area including:
identified potential projects on vacant parcels in the City of Ukiah
- development at the Brush Street Triangle area
background land use intensification in the City or County which impacts the study area
Assuming that local development would not fund any of the interchange ramp relocation to Brush Street, the
resulting fee vanes between $1,149 and $1,547 per p.m. peak hour trip generated. If the local development
funds 50 percent of the $3,300,000 interchange relocation cost, the fee would vary between $1,596 and
$2,148 per p.m. peak hour trip. In order to gain adequate funds to complete the capital projects and due to
the uncertainty of the amount and type of land use to be developed on the Brush Street Triangle site, it is
recommended that the traffic impacf fees be based $2,148 per p.m. peak hour trip.
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 3 May 30, 2003
Study Parameters
Study Area
The study area is located in the northeast section of the City of Ukiah includingU.S. 101 and the City arterials
of North State Street, East Perkins Street and Gobbi Street. The Brush Street Triangle development site is
bounded by U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west
is unincorporated County of Mendocino land.
Freeway
U.S. 101 provides travel two lanes in each direction and serves as the primarily link to other regions to the
north and south. Interchanges in the study area include North State Street, Perkins Street, and Gobbi Street.
All of the ramp intersections at the three interchanges are uncontrolled on the main street with stop controls
on the ramp approaches to the arterials,
Arterial Streets
State Street is the primary north-south arterial in the City of Ukiah. This arterial intersects with the U. S. 101
interchange at the north end of the City and extends to an interchange with U.S. 101 at the south end of
Ukiah. Within the study area, State Street provides four travel lanes.
Perkins Street is an east-west arterial providing access between U.S. 101 and residential areas to the west.
East ofU.S. 101, Perkins Street becomes Vichy Springs Road which provides access to large unincorporated
residential areas. Between State Street and Orchard Avenue there are four travel lanes. East of Orchard
Avenue, Perkins Street includes two travel lanes.
Gobbi Street is a two-lane arterial providing access between U.S. 101 and residential areas to the west.
Collector Streets
Orchard Avenue is a two-lane major collector providing north-south access between Ford Street and
residential areas south of Gobbi Street. This study assumes the extension of Orchard Avenue from Ford
Street north to Brush Street.
Empire Drive Ford Road is an east-west two-lane minor collector providing access at the north end of
Ukiah. It is assumed that Orchard Avenue will be extended north from Brush Street to an intersection with
Ford Road near an overcrossing of U.S. 101.
Low Gap Road - Brush Street is a two-lane major collector street providing east-west access from
unincorporated areas to.the west, the high school, County Administration Center and residential areas to the
development area known as the Brush Street Triangle Area.
Clara Avenue, which is classified as a minor collector street,. provides access through a residential
neighborhood from North State Street to Orchard Avenue.
Residential Streets
Ford Street is classified as a residential street and provides access through a residential neighborhood from
North State Street to Orchard Avenue
Brush Street Triangle Transportation Study Mendocino Council of Governruents
Whitlnrlk A, WPinhr.roPr TranCnnrtatinn Tnr Pane a T f ern lnnl
Orr Street is a minor residential street over Orr Creek which currently serves as a diversion route from
orchard Avenue to State Street. The extension of Orchard Avenue is expected to relieve this street from
through traffic.
The study area includes the following study intersections and is shown in Figure 1.
1. North State Street/U.S. 101 NB Ramps
2. North State Street/U.S. 101 SB Ramps
3. North State Street/Ford Road-Empire Drive
4. North State Street/Brush St-Low Gap Road
5. North State Street/Ford Street
6. North State Street/Clara Street
7. North State Street/Perkins Street
8. South State Street/Gobbi Street
9. Main Street/Perkins Street
10. Main Street/Gobbi Street
11. Orchard Avenue/Ford Road (future)
12. Orchard Avenue/Brush Street (future)
13. Orchard Avenue/Ford Street
14. Orchard Avenue/Clara Avenue
15. Orchard Avenue/Perkins Street
16. Orchard Avenue/Gobbi Street
17. Perkins Street/U.S. 101 SB Ramps.
18. Perkins Street/U.S. 101 NB Ramps
19. Gobbi Street/U.S. 101 SB Ramps
20. Gobbi Street/U.S. 101 NB Ramps
As shown in Figure 1, study intersections which are controlled by traffic signals include North State Street/
Ford Road-Empire Drive, North State Street/Brush Street-Low Gap Road, North State Street/Perkins Street,
South State Street/Gobbi Street, and OrchardAv.enue/Perkins Street. Intersections controlled by all-way stop
signs include Main Street/Perkins Street, Main Street/Gobbi Street and Orchard Avenue/Gobbi Street. The
remaining study intersections have uncontrolled conditions on the main street and are controlled by stop signs
on the minor street approaches. Intersection tum lane configurations for the study intersections are included
in Appendix B.
Time of Day Analysis Periods
This analysis focused on intersection operation during two peak hours of the day. Based on an analysis of
existing traffic counts, which is shown in the following section, the a.m. peak hour volumes are generally
15 to 30 percent lower than the p.m. peak hour volumes while the midday volumes range from 5 percent less
to 5 percent higher in some cases in comparison with the p.m. peak hour volumes. Therefore, the weekday
midday and p.m, peak hours were included in the analysis. Typically the midday peak hour occurs between
12:00 noon and 1:00 p.m. while the p.m. peak hour is the highest volume hour between 4:00 and 6:00 p.m.
Study Analysis Scenarios
The following scenarios were assessed in the traffic analysis.
1. Existing Traffic Operations - These conditions are based on existing weekday p.m. peak hour volumes
that were first collected in August of 2002 and were sample counted again in January of 2003 together with
midday peak hour traffic counts derived fr'om the previous p.m. peak hour counts as well as daily machine
counts collected at sample locations in January of 2003.,
II. Existing plus Cumulative City Projects - This scenario includes the.addition of the traffic anticipated
to be generated by the development of currently undeveloped parcels in the northeast study area of the City.
The extension of Orchard Avenue from Ford Street to Ford Road and its associated traffic diversion was
assumed to be completed for this scenario.
III. Future without Triangle Development - This scenario, which does not include the Triangle Area
development, includes the addition of, cumulative traffic anticipated to be generated by the undeveloped
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 5 May 30; 2003
Background Traffic Conditions
Future Road Modifications
For all future traffic analyses it was assumed that Orchard Avenue would be extended from Ford Street
through Brush Street to Ford Road. Traffic was diverted from several routes to this new connection including
Perkins Street to North State St reet, Orchard Avenue to Clara Avenue to North State Street, Orchard Avenue
to Fdrd Street to North State Street and Orchard Avenue to Ford Street to Brush Street via Orr Street. .
Cumulative City Development Projects Trip Generation
City of Ukiah staff provided a list ofundeveloped parcels within the study area that could potentially inctease
traffic levels within the study area. These parcels, including their Assessor Parcel number and land use are`
summarized in Table 4.
Based on the ITE trip generation rates, these 12 parcels are projected to generate approximately 12,165 new
trips to the surrounding street network on a daily basis, with 760 of these trips occurring during the a.m. peak
hour, 806 during the midday peak hour and 1,172 occurring during the p.m. peak hour. These trips were
distributed to the surrounding street network in the traffic analysis. Additional cumulative development
project details including location maps and a trip generation summary are included in Appendix E. For the
purposes of this study, it was assumed that these cumulative projects would develop within a ten year period.
Table 4
n1.,44 1-;i-vr n.voInnmanf Prniarts Trin Generation
' t,. LL11l Ul~+~
li
- -
P.M. Peak Hour
Site
APN
Land Use
Units
Trip Rate
Trips
1
001-36-039
General Light Industrial
141.06 ksf
0.98
138
2
002=09-316
Church ,
12 ksf I
0.66
8
1
3
_
002-03-005
Retail I
14.37 ksf 1
2.43
35
_
4 `
_
002_03-006
Retail (
94.09 ksf (
2.43
229
5
-
002-16-012 & -013 (
Medical Office 1
79.80 ksf
3.66
292
6 1
.
002-16-010 (
Medical Office
22.30 ksf
3.66
82
1
7
002-20-038_ Tl
Retail
7.14 ksf 1
2.43
17
-
Retail
29.45 ksf
1.94
57
8
002-23-212 & -213
Office
29.45 ksf
1.49
44
002-28-218 & -219
Light Industrial
117.79 ksf
0.98
115
9 -
(several) 002=34-xxx
Office
13.94 ksf
1.49
21
10
(several) 003-58'xxx
Retail
26.14 ksf
1.95
51
11
003=04-070 & -075
Retail
22,30 ksf I
1.93
43
12
003-04-030
Apartment
64 units
0.62
40
Total Trips
(;172
Note: APN = Assessor's Parcel Number
ksf = thousand square feet
Brush Street Triangle Transportation Study Mendocino Council of Governments
wl,;rlnrk & Weinberger Transoortation_ Tnc. Page 16 May 30, 2003