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2010-02-03 Packet
RNPOPH-Im Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 3, 2010 6:00 p.m. 5. APPROVAL OF MINUTES a. Regular Minutes of November 18, 2009 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well b Notification To City Council Of Amendment No. 1 To The Agreement With HDR Engineering To Provide Design Engineering Services For The Construction Of Oak Manor Well (#8) For A Not To Exceed Amount Of $9,950.00. C. Adoption Of Resolution Approving City Of Ukiah Qualified Contractors List for 2010 d. Approval Of Notice Of Completion For Oak Manor Tennis Courts Resurfacing, Specification No. 08-08 e. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status f. Report Of Litigation Support Contract Payments To EBA Engineering Exceeding $5,000 And Approval Of Contract Change Orders Of $9,000 For Each Of Two Contracts With EBA The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. PUBLIC HEARINGS (6:15 PM) a. Approval Of An Application To Demolish The Structure Located At 5 Robinson Lane, APN 003-582-30 b. Approval Of A Resolution To Adopt A Mitigated Negative Declaration, Approval Of A Resolution To Amend The General Plan, And Introduction Of An Ordinance For A Rezoning For The Orchard Avenue Substation Project N 11. NEW BUSINESS a. Resolution Of The City Council Of The City Of Ukiah In Support Of The Local Taxpayer, Public Safety And Transportation Protection Act Of 2010 i IRM1111111001MV IT, 111111:41 V I'll 0:4 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Management Unit, and Miscellaneous Unit • Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 29th day of January, 2010 JoAnne Currie, City Clerk 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue. Ukiah, CA 95482 November 18, 2009 ,0r. 1. ROLL CALL 'Ukiah City Council met at a Regular Meeting on November 18, 2009, the notice for which being legally noticed on November 13, 2009. Mayor Baldwin called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, Rodin (arriving 6:20pm), and Mayor Baldwin. Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Director of Public Works/City Engineer Eriksen, Deputy Director of Public Works -Engineering and Streets Division Seanor, Director of Planning and Community Development Stump, Senior Planner Jordan, Community Services Supervisor Merz, Project and Grant Administrator Mills, and City Clerk Currie. Airport Manager Owen brought forth an Urgency Item, storm drain rehabilitation emergency change order number three, to the City Council for consideration to be added to the agenda. M/S Crane/Thomas finding that an urgency sits immediate action that arose after the preparati, agenda the Urgency Item, Approve Storm Draii the agenda. Motion carried by the following Thomas, Crane, and Mayor Baldwin. NOES: Nc None. 6:02:38 PM The Urgen 2. PLI 3. PR 9 61 a PETITIONS AN Item ANCE )n exists constituting an emergency requiring and posting of the agenda and to add to the �habilitation Emergency Change Order #3 to I call vote: AYES: Councilmembers Landis ABSENT: Councilmember Rodin. ABSTAIN: a. Regular Minutes of November 4, 2009 M/S Crane/Landis to approve the Regular Minutes of November 4, 2009 as submitted. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 6:03:11 PM cc 11/18/09 Page 1 of 5 7. 8. all 9 CONSENT CALENDAR M/S Landis/Crane to approve the Consent Calendar items 7a -7h: 6:04:08 PM a. Report of Disbursements for Month of October 2009 b. Assignment of Brian Brodoski's Airport Lease with the City of Ukiah to His Widow Lori Brodoski C. Disposition of City of Ukiah City Council Training Budget Funds d. Adoption of Ordinance Amending City Code Section 3962, Subsection B.2, Regulating How Multi -Unit Properties with Submeters Charge Tenants for Sewer Service to A Master Meter Serving Those Facilities e. Approval of Notice of Completion for Gobbi Street Well, Specification No. 09-06 f. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well g. Authorize the Purchase of Two Padmounted VFI Switchgear Needed for the Airport Business Park Electric System Reliability Improvement Project from HD Supply Utilities in Portland, Oregon in the Amount of $51,686.70 h. Update Report on Local Emergency Declaration'' Regarding Drought and Water Shortage Status Motion carried by the following roll call vote: AYES: Councilmembers Landis,Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. AUDIENCE COMMENTS ON NON- None. UNFINISHED BUSINESS b. Adoption of Resolution in Trail Phase I and Commitr Director of Public commitment t M/S Landis/1 following roll' Mayor Baldwi PUBLIC; HEARINGS AN rt of the Ukiah Northwestern Pacific Rail Provide Local Matching Funds orks/City Engineer Eriksen and Deputy Director of Public and Streets Division Seanor presented the item. on(s): Adopt resolution in support of the Rail Trail and e local matching funds. approve the Recommend Action. Motion carried by the OYES: Councilmembers Landis, Thomas, Crane, and one. ABSENT: Councilmember Rodin. ABSTAIN: None. M WIM a. Consideration and Action on Appeal Filed By Dwight Ashdown on Behalf of the Grocery Outlet of the Planning Commission's Conditional Approval of the Site Development Permit for Exterior Building and Site Modifications Director of Planning and Community Development Stump and Senior Planner Jordan presented the item. Recommended Action(s): 1) Conduct a public hearing and 2) Support the Planning Commission's action and deny the appeal. Public Hearing Opened 6:20 pm Public Speaking not in support of the Planning Commission's action: 6:21:01 PM Patrick Lynch, Owner/Manager of the Grocery Outlet; 6:24:13 PM Lee Kraemer; 6:27:19 PM Jean Harmon; 6:29:33 PM Dwight Ashdown, Ashdown Architecture & Design, Inc.; and J.R. Rose. Public Hearing Closed 6:32 p CC 11/18/09 Page 2 of 5 M/S Landis/Rodin to uphold the appeal with modifications to the Planning Commission site development findings by removing finding 2b on page 7 of the September 24, 2009, Planning Commission minutes and adding further description to the landscaping to be provided that the trees to be planted are mature, 15 gallon or larger in alternate locations, 50% on the south side and 50% on the north side, and the details of placement and variety be worked out between staff and applicant. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 6:49:42 PM 10. UNFINISHED BUSINESS a. Discussion of Mobile Home Park Survey Information and Possible Direction to Staff 6:53:02 PM Director of Planning and Community Development Stump and Senior Planner Jordan presented the item. Recommended Action(s): Discuss the mobile home park survey information and provide direction to Staff. Public Comment Opened 7:02 pm Public Speaking to the item: J.R. Rose, seniors' advocate; 7:06:02 PM Catherine Shatmyer; 7:08:08 PM David Vilner; 7:14:54 PM Deon Shorty; 7:18:18 PM Lisa Hllegas; Judy Hatch, Shady Grove Mobile Home Park; and 7:29:28 PM Jean Harmon. Public Comment Closed 7:34 pm By Consensus, City Council directed Mayor Baldwin and Councilmember Thomas, Ad Hoc, to continue- working on conciliation and a proposal for a specific ordinance .and bring back to Council tentatively in 2.5 months. No staff work needed. 7:58:35 PM Recessed 8:01 pm Reconvened 8:09 pm C. Adoption of Resolution of Intention and First Reading of Ordinance to Approve an Amendment to Miscellaneous & Public Safety PERS Contracts to Include Two Years Additional Service Credit -- Government Code Section 20903 8:09:55 PM Human Resources Director Harris presented the item. Recommended Action(s): 1. Adopt the Resolution of Intention to Approve an Amendment to the PERS Contracts providing Two Years Additional Service Credit — Government Code Section 20903; 2. Read by title only the Ordinance approving the amendment to the PERS Miscellaneous and Public Safety PERS Contracts; and 3. Authorize Mayor to sign Certification of Compliance with Government Code Section 20903 M/S Crane/Landis to introduce the Ordinance by Title Only. Motion carried by the following roll call vote: AYES:• Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Currie read the ordinance title. M/S Crane/Rodin to introduce the Ordinance approving the amendment to the PERS Miscellaneous and Public Safety PERS Contracts and approve the CC 11/18/09 Page 3 of 5 Recommended Actions. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS a. Award of Contract for Ukiah Civic Center Roof Renovation Project, Specification No. 09-15 8:21:18 PM Assistant City Manager Sangiacomo presented the item. Recommended Action(s): 1. Award the contract for Spec. 09-15, Ukiah Civic Center Roof Renovation Project, to R & C Construction in the amount of $133,056.00, waiving their failure to comply with the instructions of Addendum #1; OR; 2. Disqualify the low bidder, R & C Construction, due to not following ° the instructions of Addendum #1, and award the contract for Spec. 09-15, Ukiah Civic Center Roof Renovation Project, to the next lowest bidder, RE West Builders, Inc., in the amount of $162,075.91; and 3. Reject all 'bids and provide staff with other direction. MIS Crane/Landis to approve the Recommend Action number 1. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. b. Authorize the City Manager to Negotiate and Execute a Contract with Alameida Architecture for Professional Design and Construction Management Services for the Renovation of the Ukiah Municipal Swimming Pools City Manager, Chambers, Project and GrantAdministrator Mills, and Assistant City Manager; Sangiacomo presented the item. Recommended Action(s): Authorize the City Manager to negotiate and execute a contract with Alameida Architecture for Professional Design and Construction Management for the renovation of the Ukiah Municipal Pools. MIS Crane/Landis to approve the Recommend Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES:, None. ABSENT: None. ABSTAIN: None. C. Approve Storm Drain Rehabilitation Emergency Change Order #3. Airport Manager Owen presented the item. Recommended Action(s): Approve Strom Drain Rehabilitation Emergency Change order # 3 MIS Crane/Thomas to approve the Recommend Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Thomas, Sun House Guild ex -officio liaison, reported that the Guild has expressed having some issues with the actions taken by the City Council at the last City Council meeting. A meeting has been scheduled between the Guild and endowment fund and City Manager Chambers; Councilmember Thomas plans to attend. 8:44:19 PM Councilmember Rodin announced a first time homebuyer and foreclosure forum this Saturday at Lakeport and one will be held in Ukiah. 8:45:29 PM cc 11/18/09 Page 4 of 5 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers requested a meeting with Councilmembers Landis and Crane, Director of Planning and Community Development Stump and Director of Public Works/City Engineer Eriksen to discuss planning and development. 8:46:18 PM Director of Public Works/City Engineer Eriksen reported on a large sewer overflow on Laws Avenue happening currently. 8:48:50 PM Adjourned to closed session at 8:51 pm. 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units b. Conference with Legal Counsel — Anticipated Government Code Section 54956.9(b)(1) — case) C. Conference with Real Property Negotiators (§ Property: APN 002-255-02, 022 -255 -03,_001 - Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah l Under Negotiation: Price & Terms aq tion nificant exposure to litigation (1 956.8); 1-05 and 001-050-11 School Dist d. Conference with Real Property Negotiators (§54956:8) Property: APN 178-130-01, 178-210-01 Agency Negotiator: Jane Chambers, City Manager`' Negotiating Parties: City of Ukiah and Solid Waste Systems, Inc. Under Negotiation: Price & Terms' Reconvened in Open Session at 10:00 pm with no reportable action. 15. ADJOURNMENT JoAnne M. City Clerk iness, the meeting adjourned at 10:00 pm. CC 11/18/09 Page 5 of 5 ITEM NO.: 7a MEETING DATE: February 3, 2010 City a1'Zlkjah AGENDA SUMMARY REPORT SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF OAK MANOR DRIVE WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process. The date of the bid opening for construction of the Gobbi Street well head and pump house was June 18, 2009. The contractor mobilized their equipment on site on July 13. Substantial completion of this project was November 10th. The time required from the bid opening to substantial completion of the Gobbi Street well head and pump house was approximately five months. Continued on Paae 2 Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: D � Approved: JaneeChambers, City Manager In the December 16, 2009 Agenda Summary Report, Item 7d, a best case schedule was developed assuming the Oak Manor well head and pump house bid in December 2009 and construction started no later than January. With this schedule it was possible the Oak Manor well (Well #8) would have been completed in May 2010. This completion date assumed a shortened bid period and no delays due to weather or other circumstances. Bids were issued on January 8, 2010. The revised schedule includes the January bid date and a 30 day noticing period with bids due February 9th. The lowest, qualifying bid will be submitted for Council approval on February 17th. The contractor has 10 days to begin construction after the contract has been awarded. Construction is now expected to start on March 1st, the project completed and the well online in mid to late August 2010. The "California's Drought Update" report published by the Drought Operations Center for California provides a monthly update to California's water conditions. The summary of the December 2009 edition provides an overview of current water supply conditions and the State's response, "One conclusion that is evident from this review of 2009 conditions is the importance of preparing for the possibility of a dry 2010. DWR will continue to monitor water supply conditions and drought impacts to identify any necessary supplemental response actions and will move aggressively forward to plan for a potentially dry 2010 in coordination with other state, federal and local agencies and the water community." Lester A. Snow Director, Department of Water Resources The pump and motor for the Oak Manor Well have been received and an order has been placed with Consolidated Electrical Distributors, Inc. for the electrical switchboard/motor control center. AIM 7b ITEM NO.: MEETING DATE: February 1 1 City of �Ukiah AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO CITY COUNCIL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH HDR ENGINEERING TO PROVIDE DESIGN ENGINEERING SERVICES FOR THE CONSTRUCTION OF OAK MANOR WELL(#8) FOR A NOT TO EXCEED AMOUNT OF $9,950.00. Background: On July 23, 2009, the City contracted with HDR Engineering to provide design engineering services for Oak Manor Drive Well (#8). The current budget of $59,005 has been expended due to the extra design work required at this site for landscaping and building changes requested by the City's Community Services Department. Discussion: Additional funds are needed for: 1) design engineering services during construction for shop drawing review, 2) respond to Requests for Information (RFI) during construction, 3) review of submittals, and 4) evaluation of any change orders. The total compensation for the HDR Agreement will be $68,955 by reason of the work stipulated in the amendment. The scope of work under Amendment No.1 will be accomplished for a not to exceed amount of $9,950. Fiscal Impact: Budgeted FY 09/10 F-1 New Appropriation Amount Budgeted Source of Funds (title and #) $ 495,000 Water Fund Cap. Proj. #840 Not Applicable 7 Budget Amendment Required Account Number Addit. Appropriation Requested 840.3850.800.000 $ 0 Recommended Action(s): Receive and file notification of the Amendment No. 1 to HDR Agreement to provide design engineering services during construction of Oak Manor Well for a not to exceed amount of $9,950. Alternative Council Option(s): N/A Citizens advised: Requested by: Tim Eriksen, Director of Public Works Prepared by: Ann Burck, Deputy Director of Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Amendment No. 1 to HDR Aareement Approved: �Zj C/, -"e, - ®` Jane`Ghambers, City Manager CITY OF UKIAH AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JULY 23, 2009 This Amendment No. 1 to the Agreement for Professional Services between the City of Ukiah ("City") and HDR Engineering, Inc. ("Consultant") is entered in Ukiah, California on January , 2010 ("Effective Date"). TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Services between the City and the Consultant, dated July 23, 2009 (the Agreement) to provide design engineering services for the City of Ukiah Oak Manor Wellhead and Pump House construction project (the Project) shall remain in full force and effect as modified by this Amendment. AMENDMENT AUTHORIZATION Paragraph 2.2 of the Agreement authorizes the City to amend the Scope of Work of the Agreement. The Consultant shall perform any added work and/or not perform any deleted work upon the execution of an Amendment to the Agreement. Added work shall be performed on a cost reimbursement basis pursuant to the provisions of paragraphs 4.1 and 4.2 of the Agreement. AMENDED SCOPE OF WORK On July 23, 2009, the City contracted with the Consultant to design the wellhead and pump house for the Oak Manor Drive well (4). The current budget has been expended due to the extra design work required at this site for landscaping and building changes requested by the City's Community Services Department. Additional funds are needed to for an amended scope of work to included 1) provided design engineering services during construction for shop drawing review, 2) respond to Requests for Information (RFI) during construction, 3) review of submittals, and 4) evaluation of any change orders. TOTAL COMPENSATION FOR THE WORK OF THE AGREEMENT The total compensation for work performed under the Agreement shall be changed from $59,005 as stipulated in the Agreement to $ 68,955 by reason of the addition of the amended scope of work stipulated in this Amendment. The amended scope of work will be accomplished for a not to exceed fee of $9,950. FA SIGNATURES By signing below, the authorized representatives of the City and Consultant agree to amend the Agreement as described in this Amendment. CITY OF UKIAH JANE CHAMBERS CITY MANAGER 2 HDR ENGINEERING, Inc. mm BILL ETTLICH EXECUTIVE VICE PRESIDENT ITEM NO.: 7c MEETINGDATE: February3, 2010 ,city ,-/_ Ukiah AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING CITY OF UKIAH QUALIFIED CONTRACTORS' LIST FOR 2010 As required by the Informal Bidding Procedure of the City of Ukiah, Ukiah City Code §1541-1542, the City Clerk's office prepared and mailed a written notice to construction trade organizations/journals on November 24, 2009, inviting all licensed contractors to submit information regarding their firm to the city for inclusion on the city's list of qualified contractors for the 2010 calendar year. This notice was also posted on the bulletin board at city hall and on the city's web site. A contractor may be included throughout the year by either submitting a written notice to the city clerk or by bidding on a City of Ukiah project. All contracting firms are verified through the California State Licensing Board for license validity. All contractors who submitted their company information and construction classification designation received as of January 25, 2010, together with those who bid on projects in 2009, have been included on the current updated list, and attached to resolution as "Exhibit A". The resolution ensures that staff has a comprehensive list of qualified contractors when soliciting bids for the City of Ukiah. Fiscal Impact: 1-1 New Appropriation Not Applicable Budget Amendment Required H Budgeted FY 08/09 Recommended Action(s): Adopt Resolution Approving Qualified Contractors' List for 2010 Calendar Year. Alternative Council Option(s): If Council wishes to add any other names to the list, he or she should make a request to agendize for the February 17, 2009, regular meeting. Citizens advised: Construction trade organizations/journals Requested by: N/A Prepared by: JoAnne M. Currie, City Clerk Coordinated with: Attachments: 1. Notice to Construction Trade Organizations and Contractors 2. Resolution Approving Qualified Contractors' List for 2010 Calendar Year 3. 2010 Qualified Contractors List 1 Approved: Jan C `ambers, City Manager DATE: FOR RELEASE! SUBJECT: CONTACT: November 24, 2009 Immediately Application for Qualified Contractor's List JoAnne M. Currie, City Clerk (707) 463-6217 Attachment 1 All Licensed Contractors who wish to be included on the City of Ukiah's list of qualified bidders for the year 2010, should submit the name and address to which Notice of Bids or Proposals should be mailed, a phone number at which the contractor may be reached, the type of work in which the contractor is interested and for which the contractor is currently licensed (e.g. earthwork, pipelines, electrical, painting, general building, etc.) together with the class of contractor's license or licenses held, and the contractor's license number(s). A Qualified Contractor's List application form and insurance requirements may be obtained from the city clerk or downloaded from the.City of Ukiah's website: www.ciiyofukiah.com Completed forms should be submitted to: City of Ukiah Atte JoAnne M. Currie, City Clerk 300 Seminary Avenue, Ukiah, CA 95482 OR: Fax to: (707) 463-6204 O Email: jcurrie@cityofukiah.com Attachment 2 I" 1 1 1 1 fi APPROVING QUALIFIED CONTRACTORS'LIST FOR 2010 CALENDAR WHEREAS, under Ukiah City Code (UCC) sections 1541-1542, the City Clerk must request licensed contractors who are qualified to perform public work under contract with the City of Ukiah to submit their names, addresses, phone numbers, type of work in which they are interested, and the contractor's classification and license number; and WHEREAS, the City Council is required to adopt a list of qualified contractors, identified according to categories of work; and WHEREAS, the City Clerk has published the notice as required in UCC Section 1541 and compiled a list of qualified contractors based on information submitted in response to said notice and included all contractors who have submitted valid bids to the City during the preceding calendar year; and WHEREAS, the City Council finds and determines that the list as compiled complies with the requirements of the City Code and Public Contracts Code Section 22032(b) and shall constitute the City of Ukiah Contractors' List for use in providing notice under the informal bidding procedure authorized in UCC Section 1543. NOW, THEREFORE, E IT RESOLVED, that the list attached to this resolution as Exhibit A and incorporated herein by reference is adopted as the Contractors' List for the City of Ukiah for the calendar year 2010. PASSEL) AND ADOPTED this 3rd day of February, 2010, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: JoAnne M. Currie, City Clerk Benj Thomas, Mayor Company !address city St. Zip Phone Fax A to Z Construction PO Box 375 CaI ella CA 95418 707-485=9650 707-485-9652 A. E. Nelson Construction 642 Martin Avenue, Suite A Rohnert Park CA 94928 707-636-1750 707-636-1755 A J Vasconi Inc. 1820 Galindo St##275 Concord CA 94520 925-691-9400 ABC Service 205 22nd Street Sacramento CA 95816 916-448-0801 916-448-3535 Able Fence Company, Inc.` PO Box 219 Petaluma CA 94953 707-763-2551 707-763-0699 Able Maintenance, Inc. 3224 Re ional Parkway Santa Rosa CA 95403 707-545-5522 707-545-5515 A C & R Service Heating & Cooling Inc PC Box 804 Ukiah CA 95482 707-462-2021 707-462-0982 Advanced Earthworks P O Box 644 Cloverdale CA 95425 707-744-1554 707-744-1913 Advanced Surfacing & As "halt Inc. 3450 Palmer Dr. #4296 Cameron Park CA 95682 - 916-712=8761 Affordable Plumbing 810 Coast Street Willits CA 95490 707-456-0996 707-456-0996 All Day Electric Co, Inc. 1350 Hayes St. ##B-12 Benicia CA 94510 707-748-1099 ALCAL ARCADE CONTRACTING INC. 879 N Wright Rd. Santa Rosa CA 95407 707-544-4386 707-579-2557 Alten Construction Inc. 720 12th Street Richmond ` CA 94801-. 510-234-4200 510-234-4200 American Lighting Supply 6861-C Nancy Ridge Drive San Diego CA 92121 858-549-2324 858-549-8969 Apperson Ener Management POs Box 366 Redwood Valley CA 95470 ' 707-485-5158 707-485=1986 A I -A-Line. Inc. 19652 N. Hirsch Court Anderson CA 96007 530-635-4000 530-365-4060 Aqua Sierra Controls, Inc, 1650 Industrial Dr Auburn CA 195603 ' 530-823=3241 - 530-823-3475 Argonaut Constructors PO Box 639 Santa Rosa CA 95402 707-542-4862 707-542-4897 Arnold Construction Company 2119 Wood Road Fulton CA 95439 707-528=9328 707-542-7027 Arrow Fencing PO Box 385 Cal ella CA 95418 707-485-1128 707-485-1142 Ashlin Pacific Construction Inc. 6652 Petaluma hill Rd. Santa Rosa CA 95404 707-795-2860 B. Cantarutti Electric Company 1575 Indian Valley Road Novato CA 94947 415-898-1122 415-898-3958 Baelin,`Inc, 11528 Occidental Road Sebastopol CA 95472 707-321-1859 > 707-829-1`147 Bartley Pump, Inc. 4000 South Moorland Avenue Santa Rosa CA 195407 707-584-9191 707-584-9198 BCM Construction Company, Inc. 2990 Highway 32, Suite 100 Chico CA 95973 530-342-1722 530-342-1768 Beacom Construction Company PO Box 457 Fortuna CA 95540 707-725-3323 707-725-5428 Best Contracting Services Inc. 19027 S Hamilton Ave. Gardena CA 90248 ; 310-328-6969 Blaisdell Construction. Inc. PO Box 493459 Redding CA 96049 530-245-0132 530-245-1016 Blocka Construction, Inc. ` 4455 Enterprise Street Freemont` CA = 94538 510-657-3686 510-657-3688 Bohan and Canelis General Engineering Inc. P.O. Box 186 Cazadero CA 95421 707-632-5296 707-632-6342 Bond Blacktop, Inc, PO Box 616 Union City CA 194587 510-441-9981 510-441-9982; BRCO Constructors, Inc. 5900 King Road Loomis CA 95650 916-652-3868 916-652-3922 Building & Development Company 829 YoloiStreet W Sacramento CA 95605 916-870-8484 91673-9855 Busch Construction & Electric 266 Terra Verde Court Redwood Valley CA 95470 707-462-8749 707-462-8749 BVD, Inc. PO Box 3256 San Rafael' CA 94912 415-453-9492 415-453-3514 C.V. Larsen Co. Engineering Contractors 1846 Ludwig Avenue Santa Rosa CA 95407 707-526-3750 707-571-8481 CAL Inc:' 2040 Peabody Road, Suite 400 Vacaville CA 94587 707-446-7996 707-446-4906 California Landscape & Design Inc. 273 N Benson Ave. Upland CA 91786 909-949-1601 California Pavement Maintenance Co.. Inc. 9390 Elder >Creek 'Road Sacramento CA 95829 916-381-8033 916-381-3703 Caribou Inc. 124 Bridon Way Jerome ID 83338 208-324-5563 208-324-7114 Centerline Striping Co. Inc. 9847 Dino Dr. Elk Grove ' CA 95624 916-686-8860 Chrisp Company 43650 Osgood Road Freemont CA 94539 510-656-2840 510-656-2397 Christensen Construction ; PO Box 1102 Ukiah CA 95482 707-462-4331 707-462-4331 City Light & Power. Inc. 2961 Redondo Avenue Long Beach CA 190806 562-983-2000 562-983-7870 City Pacific Services 119 Ave B 'Unit 102 Snohomish WA 98290 ': 360-563-0642 360-563=9367 Clark Construction PO Box 167 Cal ella CA 95418 707-272-7388 707-485-7820 Coastside Concrete 12160 W Hearn Ave. ISanta Rosa CA 95407 707-576-1727 Coda TechnologyGroup1370 Redwood Way, Ste. 3 Petaluma CA 94954 707-795-3522 707-795-3526 S:\Administration\City Clerk\Qualified Contractor List\2010 Qualified Contractors Docs\2010 ContractorsList.xlsx Updated: 1/26/2010 Company Address City St. Zip Phone Fax Codding Construction Co. P O Box 3550- Rohnert Park CA 94928' 707-795-3550 707-665-2883 Community Playgrounds, Inc. 1620 Grant Avenue, Suite 5 Novato CA 94945 415-892-8100 415-892-3132 Consolidated Western Contractors, Inc. 4741 Pell Drive, #8- Sacramento= CA 95838 916-921-4900 916-921-4909 Crawford Signs & Lighting 1091 South State Street Ukiah CA 95482 707-468-1371 707-468-6887 Creative Landscaping 1155 Boonville Road Ukiah CA 95482 707-462-0435 707-462-1720 Cu les & Sons Construction Inc. 501 Saint Marys Ave. Ho land CA 95449 707-467-0674 Cushman Contracting Corporation ' PO Box 147 Goleta CA 93116 >> 805-964=8661 i 805-967-6057 ' D.C. General Engineering & Construction Eng. 2485 Notre Dame Blvd., Suite 370 #17 Chico CA 95928 530-566-4116 530-267-7759 Danco'Builders Northwest ' 5251 Ericson Way Arcata CA 95521 707-822=9000 Daniel Steel & Machine Works 160 Brush Street Ukiah CA 95482 707-462-6594 707-462-1543 Davey'-Tree Surqefy Company 2617 S. Vasco Road" Livermore CA 94550 925-443-1723 925-443-1751 Deep Valley Security 960 N. State Street Ukiah CA 95482 707-462-5200 707-462-1478 Designed Mobile Sstems Ind., Inc.:` PO Box 367 ` Patterson CA 95363 209-892=6298 209-892-7924 Diamond Painting Company KK 714 Emerald Bay Drive Fairfield CA 94534 707-864-0809 707-864-5890 Diversified UtilityrServices Inc, P O Box 80417 Bakersfield > CA 93380 661-325=3212 Duane C. Kitchens & Sons Construction Co. 1506 Hallmark Court Santa Rosa CA 95403 707-523-2512 707-523-2084 Dunn Right Painting Inc. 235'Thomas >St. Ukiah CA 195482 707-462-9328 Duran Construction 3780 Christy Lane Ukiah CA 95482 707-462-8085 707-462-8091 DYK Incorporated 351 Cypress Lane E Cajon CA 92020 619-440-8181 619-440-8919 Environmental Resolutions, Inc. 601 Noith McDowell Petaluma CA 94954 707-766-2000 707-789-0414 E idendio Construction, Inc. PO Box 452 Lower Lake CA 95457 707-994-5100 707-994-7030 Family Tree Service, Inc. PO Box 1325 Laytonville CA 95454 707-984-6629 707-984-8246 Fedco Construction 3510 Brooks Avenue Santa Rosa CA 95407 707-586`-0500 707-586-0900 ' Ferranti Construction. Inc. PO Box 259 Redwood Valley CA 195470 707-485-0095 707-485-0395 Fieldstone Construction Co. 5915 Fau ht' Rd. Santa Rosa CA 195403 707-836=0669 707-837=9387 Flint General Engineering 4188 Price Avenue Santa Rosa CA 95407 707-696-4800 707-527-9542 Floortec inc. PO Box 9008 Eureka CA 95502 707-444=6648 707-444-6649 " Ford Construction Company, Inc. 639 East Lockford Street Lodi CA 95240 209-333-1116 209-333-8597 Fort Bragg Electric Inc. PO Box 1578 Fort Bragg CA 95437 707-964-9118 707-964-1404 FP Construction, Inc. 10824 Olson Drive, C376 Rancho Cordova CA 95670 916-799-7242 916-362-4220 Ghilotti Construction Company, Inc. 246 Ghilotti Avenue Santa Rosa' CA 95407 707-585-1221 707-585-1601 GNC Construction 7960 Uva Drive Redwood Valley CA 95470 707-485-1835 Graham Contractors, Inc. PO Box 26770 San Jose - CA 95159 408-293=9516 408-293-3633" Granite Construction Company 1324 S. State Street Ukiah CA 95482 707-467-4100 707-467-4143 GreggSimpson Trucking 11 Highland Ct. Ukiah CA 95482 707-468-1654 Groundwater Pump and Well Inc. 1421 Grove St. Healdsburg CA 95448 707-433-3419 707-433-9421 H.L. Weaver PO Box 937 Ukiah CA 95482 707-462-4898 707-462-3510 Hamman's, Inc. 9550 Occidental Road Sebastopol CA 95472 707-829-8337 707-829-3502 Hawkeye Security' 2130 Centel' Valley Road Willits CA 95490 707-459-0946 707-459-0941 Hertel Construction Co: Inc. 3435 52nd Avenue Sacramento CA 95823 916-421-2197 916-421-0511 Hemisme er Paving Company, Inc:' 5454 Old Redwood Highway Santa Rosa CA 95470 707-528=6053 707-528-4039 ' Image Tree Service. Inc. 718 Healdsburg Avenue, Suite E Healdsburq CA 95448 707-433-5355 707-433-5354 Instituform Technologies Inc. 17988 Edison Ave. Chesterfield MO 63005 636-530=8000 Intercounty Mechanical & Electrical Inc 189 Wabash Ave Ukiah CA 195482 707-462-9800 707-467-9801 International Line Builders P O Box 23729 Portland OR 97281 503-692-0193 J.A. Gonsalves & Son Construction. Inc. PO Box 6553 Napa CA 94581 707-258-6261 707-258-1240 J.F. Pacific Liners, Inc. 70 Union Way Vacaville CA .95687 707-446-8222 707-441-3361 Jacobson Fence Company, Inc. PO Box 6025 Santa Rosa CA 95406 707-544-8475 707-544-8477 James L. Harris Painting & Decorating, Inc. ' 11839 Industrial Court Auburn CA 95603 707-888-0580 707-888-6039' Johnson's Custom Landscaping 591 Riverside Dr jUkiah CA 95482 707-462-2656 707-462-2656 S:\Administration\City Clerk\Qualified Contractor List\2010 Qualified Contractors Docs\2010 ContractorsList.xisx Updated: 1/26/2010 Company Address city St. Zip Phone Fax Johnson's Quality Tree Care & Logging, Co. 2700 Boonville Road Ukiah CA " 95482 707-462-4185 707-467-0372' K.G. Walters Construction PO Box 4359 Santa Rosa CA 95402 707-527-9968 707-527-0244 Kat Construction Inc, P O Box 214265 Sacramento CA 95821 916-977-0333 Kernen Construction PO Box '1340 Blue Lake CA 95525 707-826-8686 707-826-1888 Klier Construction 31101 N. Hwy 101 Willits CA 95490 707-367-2701 07-456-9157 '- L D Giacomini Enterprises Inc. 3351 N. State St. Ukiah CA 95482 707-462-3717 707-462-3215 Lawson Mechanical Contractors 6090 South Watt Avenue- Sacramento CA 95829 916-381-5000 ' 916-381-5073 Layne Christensen Company 11001 Etiwanda Avenue Fontana CA 92337 909-390-2833 Lee Howard ConstructionCompany 3900 Parducci Road Ukiah CA 95482 707-462-6944 707-462-6944" LNS Welding & Fabrication PO Box 636 Willits CA 95490 707-459-2320 707-459-1415 LRF Resinous Flooring 9914 Kent Street.#5 Elk Grove ' CA 95624 916-686=8682 916-686-8602 Ma giora and Ghilotti Inc 555 Dubois Street San Rafael CA 94901 415-459-8640 Marvin's Garden Tree Service PO Box 1725 Willits CA 95490 707-459-1940 707-459-1763 McGraw-Hill Construction Dodge 11875 Dublin Boulevard, Suite A-118 Dublin CA 94568 415-357-8079 415-357-8069 MCM Construction & Design Co 504 Dorothea Road La Habra Heights CA 90631 562-690=7064 Mendocino Construction Services. Inc. PO Box 1517 Willits CA 95490 707-459-2377 707-459-0644 Mendocino Metals 151 Parducci Road '< Ukiah CA 95482 ' 707-462=4277 ' 707-462-1338 Menton Builders. Inc. 760 Apple Avenue Ukiah CA 95482 707-468-8814 707-468-8826 Meyer General Engineering Contractor 701 Spanish Canyon Drive Ukiah CA 95482 707-462-6650 % 707-462-6650 Michels Pipeline Construction PO Box 128 Brownsville WI 53006 920-583-3132 Mike Brown Electric 561A Mercantile Drive Cotati CA 94931 707-792-8100 707-792-8110 Miller Paneling Specialties, Inc. PO Box 270 Woodland CA 95776 530-662-0860 530-662-0864 Nor - Cal Pump & Well Drilling Ino PO Box 3778 Yuba City CA 95992 530-674-5861 Moreno Trenching LTD PO Box 458 RioVista CA 94571 707-374-5075 Mother Lode Glass & Construction 595 Taylor Road Newcastle CA 95658 ', 530-885-7211 > 916-663-2259 Musco Excavators, Inc. 2526 Greenvale Gourt Santa Rosa CA 95401 707-579-0250 707-575-7389 North Bay Construction,' Inc 4431 Pa ran Street" Petaluma CA 94952 707-763=2891 707-765-6417 Northcoast Tree Care 26000 String Creek Road Willits CA 95490 707-459-3015 Northern California Painting PO' Box 422 Penryn CA 95663 916-663-2534 916-663-2547 Northern Industrial Electric 2435 Radio Lane Redding CA 96001 530-246-2366 530-246-2368 Pacific Coast Drilling Company, inc. 364 Bellevue Avenue Santa Rosa CA 95407-7 707-778-8316 707-789=9572 Pacific Drywall P O Box 503 Redwood Valley CA 95470 707-485-7160 707-217-4213 Pacific Liners 70 Union Way Vacaville CA 95687 707-446-8222 707-447-3361 Pacific Mechanical Corporation 2501 Annalisa Drive Concord CA 94520 925-827-4940 925-827-0519 Pacific Underground Services 3881 Martha Drive Martinez CA 94553 < 925-370-8385 Pae Construction Company PO Box 705 Novato CA 94948 415-897-1138 Paulson Excavating, Inc, < PO Box 339 Albion CA 95410 707-937=0492 707-937-3426 PAR Electrical Contractors Inc 4770 Belleview Avenue Suite 300 Kansas City MO 64116 816-474-9340 Pipeline Excavators PO Box 1755 Sebastopol CA 95473 707-824-8546 707-824-8042 Power Protection Plus 281 Daniels Drive Auburn CA 95603 530-863-0656 530-823-0758 Price Striping Service, Inc. 1680 Elk Valley Road Crescent City CA 95531 707-464=2857 707-465=2857 R and C Construction PO Box 913 Middletown CA 95461 707-987-2535 R E West Builders Inc 244 Colgan Avenue Santa Rosa CA 95404 707-576-1224 R A O Construction Co. Inc. PO Box 28 Cutten CA 95534 707-443-2118 707-443-9495 R.E, Corporation PO Box 1743 Santa Rosa CA 95402 707-545-5460 707-545-1722 Rad Construction PO Box 1328 Lakeport CA 95453 707-263-3917 Randy Dorn Construction, Inc, 567 Laughlin Way Redwood Valley ICA 95470 707-485=7567 707-485=1677 Redwood Heating -Cooling 775 E. Gobbi Street ILlkiah ICA 195482 707-462-2468 707-462-8630 Reed & Graham, Inc, PO Box 5940 ISan Jose ICA 195150 408-287-.1400 Peed Construction Data 30 Technology Parkway South, Suite 500 INorcross IGA 130092 S:\Administration\City Clerk\Qualified Contractor List\2010 Qualified Contractors Docs\2010 ContractorsList.xlsx Updated: 1/26/2010 Company Address City St. Zip Phone Fax Richard McDonald Roofing 14087 Pt Cabrillo Dr Mendocino-' CA 95460 707-964-4922' 707=964-0444' Richardson Engineering Contractors. Inc. PO Box 638 Healdsburg CA 95448 707-744-1100 707-744-1284 Riley's Striping Inc: PO Box 769 Union City CA 94587 510-441=3001 510-441-0327 River View Construction 4003 Seaport Blvd W Sacramento CA 95691-3 916-488-9494 916-487-2700 RKT Builders, Inc PO Box 15029 Santa Rosa CA 95402 707-579-0134 ` 707-579=0135 Robert J. Frank Construction, Inc. 2806 Tarmac Road Redding CA 96003 530-222-1408 530-222-1429 Roberts Mechanical & Electrical Inc, 4649 Dowdell Ave. Santa Rosa CA 95407 707-462-3290 Sack Concrete Const 1150 Hastings Road Ukiah CA 95482 707-462-0575 Safety Striping;Service, Inc. PO Box 1020 Goshen CA 93227 559-651-1022 559-651-1118 San iacomo Landscape 3150 Guideville Road Ukiah CA 95482 707-468-0747 707-462-4665 Saviano"Company Inc 1020 Terra Bella Avenue Mountain View CA 94043 650-948=3274 Schram Construction Inc. 3162 Regional Parkway Santa Rosa CA 95403 707-545-3788 707745-1640 Shasta Constructors Inc. PO Box 491539 Redding CA 96049 - 530-365-3930 Sir! Grading & Paving Inc. PO Box 3638 Santa Rosa CA 95402 707-579-2141 SLF Construction Inc. PO Box 6758 Santa Rosa CA 95406 707-527-5745 > 707-527-5787 Soil Enterprises, Inc. PO Box 733 Brentwood CA 94513 925-516-1111 925-516-0233 Southwest Pipeline and Trenchless'Corp 539 W 140th Street Gardena CA 90248 310-329-8717 Spohn Ranch, Inc. 15131 Clark Av City of Industry CA 91745 626-330-5803 626-330-5503 Steelhead Constructors Inc PO Box 997 Palo Cedro CA 96073 530-226-6400 Steve Taylor Excavation 40 EI Rancho Drive Cloverdale CA 95435 707-894-7794 888-585-9821 Stiles Construction Company 6209 Lockwood Drive Windsor CA 95492 707-836-0168 707-838-1714 Stripe N Seal, Inc. PO Box 7347 Santa Rosa CA 95407 707-528-3377 707-544-7149 StrongHold Mason & Concrete, Inc. 555 Rancho Cabello Santa Rosa CA 95401 707-578-9828 707-578-1333 Sunrise ExcavatingPO Box 720310 Reddin CA 96099 530-246-8933 TBT Roofing, Inc. 3121 Swetzer Road, Suite D Loomis CA 95650 916-660=9320 916-660-9325 Tennyson Electric Inc 7275 National Drive Suite A-2 Livermore CA 94550 925-606-1038 Terra Con Pipelines P O Box 276 Healdsbur" = CA 95448 707-433-0323 707-433-0322 Terra Firma Excavation 4040 Eastside Cal ella Road Ukiah CA 95482 707-485-7536 707-485-9253 That Tree Gu PO Box 273 Rio Dell CA 95562 ' 707-725-2609 707-725-2609 The Cabin Works 479 Wrencroft Ct Lebanon OH 45036-8 707-895-2740 707-895-2740 Tim Narvaez Excavating, Inc. PO Box 1466 Ukiah CA 95482 707-468-8007 707-468-8052 Timberline Tree Service PO Box 577 Forestville CA 95436 707-887-2515 707-887-7371 Traffic Solutions. Inc. 8490 Hartme er Lane Redding CA `' 96002 530-222-8023 ' 530-222-5517 Traffic Limited PO Box 1721 Lodi CA 95241 209-334-5172 209-334-0708 Tri-Signal Integration Inc. 5007 Wind lay Dr.#1 El Dorado Hills CA 95762 91678-5086 - 916-933=4157 Tru Green Land Care LLC 930 Shiloh Road, Bldg 44, Suite B Windsor CA 195492 707-836-1460 707-836-1470 Ukiah` Acoustics 2000 Industry Road' Ukiah CA 95482 707-462-5444 707-462: X458 Ukiah Construction 2000 Industry Road Ukiah CA 95482 707-462-5444 707-462-5458 Ukiah' Custom; Cabinets 902 Waugh Lane Ukiah CA 95482 707-462-8743 707-462-5985 Ukiah Electric 2000 Industry Road Ukiah CA 95482 707-462-1660 707-462-5458 Valentine Corporation 111 Pelican Way San Rafael CA 94901 415-453-3732 707-457=5820 Valley Paving PO Box 559 Redwood Valley CA 95470 707-485-7505 707-485-8747 Valley Slurry Seal Company PO'Box s981330 West Sacramento CA 95798 916-373=1500: 916-373-0183 Viking Construction Company Inc PO Box 1508 Rancho Cordova CA 9574'1 916-852-5530 W.R. Forde Associates 984 Hensley Street Richmond` CA 94801 510-215-9338 510-215-9867 -. Waterworks Industries Incorporated 8733 Lakewood Drive Windsor CA 95492 707-837-7900 Waters Construction, Inc. PO Box 126 Willits CA 95490 707-459-5442 707-459-3557 Waters here Plumbing 835 Pomo Drive Ukiah ICA 195482 707-391-5699 707-462-2706 West Coast Arborists, Inc: 2200 E. Via Burton St, Anaheim ICA 192806 714-991-1900 714-991-`T027 S:\Administration\City Clerk\Qualified Contractor List\2010 Qualified Contractors Docs\2010 ContractorsList.xlsx Updated: 1/26/2010 Company Address City St. I Zip Phone Fax Wildcat Underground & Engineering 100 Petaluma Blvd. North, Suite 202 Petaluma CA 94952 707-763-3001 707-763-3167 WilliamsScotsman, Inc. 4911 Allison Parkway Vacaville CA 95688 707-451-3000 ' 707-451-4000< Wi f Construction PO Box 234 Ukiah CA 95482 707-462-8741 707-462-5409 Wri ht Contracting, Inc. PO Box 1270 Santa Rosa CA 95402 707-528-1172 707-528-3714 Zim Industries Inc dba Bakersfield Well & Purnp 14545 E Lincoln Avnue IFresno CA 93725 559-834-1551 S:\Administration\City Clerk\Qualified Contractor List\2010 Qualified Contractors Docs\2010 ContractorsList.xlsx Updated: 1126(2010 SLI city o}-'Ztkzaxr February 3, 2010 SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR OAK MANOR TENNIS COURTS RESURFACING, SPECIFICATION NO. 08-08 Background: Funding for this project was approved in the fiscal year 2009/2010 budget in account number 100.6001.800 (FEMA -073). Discussion: The City Council awarded the contract on June 17, 2009 to Siri Grading & Paving Inc. of Santa Rosa, California (contractor) in the amount of $59,548.50. The work of the contract was completed by the contractor in substantial conformance with the approved plans and specifications on November 30, 2009. The final contract cost, based on actual quantities constructed and the approved change orders, is $64,318.50 . Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion is filed with the County Recorder. Fiscal Impact: ® Budgeted FY 09/10 1-1 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $59,830 FEMA073 100.6001.800.000 Recommended Action(s): 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Oak Manor Tennis Courts Resurfacing, Specification No. 08- 08. Alternative Council Option(s): N/A Citizens advised: Richard Owens, Siri Grading & Paving, Inc. Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Alan Hasty, Assistant Engineer Coordinated with: Jane Chambers, City Manager Rick Seanor, Deputy Director of Public Works — Engineering & Streets Attachments: 1. Notice of Completion r� d Approved: �— Jane Chambers, City Manager Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: ATTACI -'A/r That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Oak Manor Tennis Courts Resurfacing, Specification No. 08-08 of all said owners is that of fee simple. 3. That on the 30th day of November 2009, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is Siri Grading & Paving Inc., 3289 Regional Parkway, Santa Rosa, CA 95403. 5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City -owned property identified as a park within the City of Ukiah. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation By: Date JoAnne Currie, City Clerk State of California County of Mendocino Date FPITEM MEETING DATE.cily• AGENDA SUMMARY REPORT '■ ■ 7e 2/3/2010 UPDATE •- ON • ON REGARDING DROUG AND WATER SHORTAGE Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE. (Attachment #1). The resolution contains recitals setting forth the drought conditions and the response to those conditions by the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control Board which the resolution seeks to address. Please refer to those recitals for details. Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined actions that the City is taking, responded to SCWA's request for water use information, and included an outline of the City of Ukiah's water conservation program for 2009. As a result of the drought, the City Council has considered many different aspects of the water shortage issue. Under Council's direction, staff has implemented a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004 quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an outside consulting firm. Developments from the SWRCB On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR 2009-0027-DWR, Order WR 2009 -0034 -EXEC. The amended order conditionally approves Sonoma County Continued on page 2 Recommended Action: 1. City Council receive the status report on water shortage emergency Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Ann Burck, Deputy Director of Public Works, Water and Sewer Division, Lauren McPhaul, Water/Sewer Program Coordinator Attachments: Attachment 1 - Resolution Attachment 2 - Letter to SCWA Approved: - - Jari 'Chambers, (.;i1y Manager Subject: Drought and Water Shortage Status Meeting Date: February 3, 2009 Page 2 of 2 Water Agency's (SCWA) petition to reduce the flow in the Russian River from July 6 through October 2, 2009 to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre- feet. The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004) from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and municipal Russian River water user to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009) . The amended order modified the original order issued on April 6, 2009. From July 6 through October 2, 2009, minimum in -stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet). On October 27, 2009 the County of Mendocino Water Agency discussed the current water storage situation in the Ukiah Valley. The discussion led to the consideration of repealing the County emergency order for all water purveyors to limit water usage by 50%. The Agency was not comfortable with the language in the repealing order as prepared by staff and requested staff to bring the order back for adoption at the next regularly scheduled meeting. On November 3, 2009 the County of Mendocino retracted the 50% conservation requirement. However, the Board of Supervisors recommended that each water district strive to achieve 25% conservation on a voluntary basis. The City of Ukiah in the coming weeks must consider how to address this voluntary request by the County of Mendocino. On its regularly scheduled November meeting Millview Water District lifted water restrictions to their customers. They have advised City Staff that this may change based on rainfall and other contributing conditions. Updated Staff Actions Staff has continually monitored this issue in response to the City Council concerns about this emergency and the length of time that it has been in effect. On December 16, 2009 City Council repealed the mandatory water rationing however, Stage I voluntary rationing is still in place. The lake storage is low at 60,674 acre- feet. The recent rainfall has made a substantial impact on the storage. However, with the rain fall has come turbidity in the river. As, this report is written both the water treatment plan and well #3 are shut down as a result of the turbidity. The result of this is we are currently serving customers from only our new well on Gobbi St (well #7) and well #4. ATTACHMENT / RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UICL4H DECLARING A LOCAL EMERGENCY PURSUANT TO THE EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF THE UEIAH CITY CODE WHEREAS, 1. Lake Mendocino and the Russian River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches; and 3. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April — June is 4.8 inches, and .5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SWRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWA") to reduce in -stream flows in the Russian River to 75 cis from April 6 -Tune 30, 2009 and to as low as 25 efs for the period July 1 -October 2, 2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April I -June 30, 2009; and 11. The order approving temporary changes to the minimum in -stream flows required by the appropriative rights permits issued to SCWA is subject to several conditions, including a condition requiring the SC`C+VA to submit a plan by May 6, 2009, to the SWRCB to "obtain the cooperation and participation of agricult riml and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009)"; and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual Iocal governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide'mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code §§ 8631-86-34); and :j 15. In a declared local emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency; and 16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate provisions of Division 4, Chapter 1, Article 11 of the Uldah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as may. be required to reduce water demand to coincide with available supply; and 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in Lake Mendocino, and 19. Stage II and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on "nonessential water use" in a Stage II water emergency and a limit on the daily use of water by different classes of water user in a Stage III emergency; and 2 20. The City can declare a StagelI or Stage H emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate reduction in the use of Russian River water or in water use generally to meet the available supply; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares a local emergency due to drought under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under LHdah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 ("Conservation Pedod7% and to report back to the City Council at each City Council meeting held during that same time period on the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a Stage H or M emergency, if necessary to achieve that level of water use; c. at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in a Stage H or III Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order WR 2009-0027-D)WR issued by the Division of Water Rights of the State Water Resources Control Board, c. to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April I5, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E.$aldwin. Mayor ATTER L i 41 jdb6r @* ity Clerk 3 April 28, 2009 Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; {G� This letter is written in response to your letter dated April 17, 2009. 1 do not know when your letter was received by the City of Ukiah, but it arrived- at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention Iate yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current drought conditions directly to my office, as that will assist us in malting timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced since.2004 by 13%. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use. Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please fund the City of Ukiah's Water Conservation Program which outlines current activities the City is tatting to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City of Ukiah must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wells 43 and 44. The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and WeII 43 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well 44, which is percolated groundwater. On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE UKIAH, CA 85482-5400 Phane4 707/463-6200 Fax# 7071463-6204 Web Address: www.cityofukiah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant. At the current time, it is anticipated that the wastewater treatment plant could begin to produce recycled water by August of 2009. A distribution system is under design and plans will be developed within the next few months. Funding for this important resource delivery project will be explored from all possible resources, as the City fully recognizes the value of using recycled water to lower the demand for surface water in our area. Although a recycled water distribution system cannot be in place for this summer, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fuse 5. Shutoff and reconnection fee The City will identif water -Tasters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463- 6213 if you have questions regarding this information. Sincerely, r� ane A. Chambers City Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program Z009 City of Uldah Water Use April May June July August Sept. Oct. Total MG ac -ft April May June July August Sept. Oct. Total MG ac -ft Annual Water Use 2004 MG 2007 2008 1192.968 -1.1.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2% 2006/2004 2005 1223.542 -9.1% 2005/2004 2004 1345.744 149.782 April May June July August Sept. Oct. Total MG ac -ft April May June July August Sept. Oct. Total MG ac -ft 1036.266 904.385 901.866 -13% -13% 3180 2775 2768 Diversion Volume (MG) Water Use (MG) 2004 2004 2007 2008 2009 2007/2004 2008/2004 96.743 87.507 87.865 -10% -9% 245.402 121.505 132.345 -16% -9% 162.897 149.782 143.469 -8% -12% 185.876 164.473 158.899 -1295 -15% 179.326 162.859 157.056 -9% -12% 156.798 134.481 130.508 -14% -17% 109.224 83.777 91.724 -2395 -1690 1036.266 904.385 901.866 -13% -13% 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 57.046 27.598 62.754 -52% 10% 112.803 72.833 111.365 -35% -1% 129.493 109.976 102.115 -15% -21% 131.935 105.631 109.09 -2096 -17% 126.768 104.658 101.593 -17% -20% 117.755 88.134 85.313 -25% -28% 96.734 72.864 73.465 -25% -24% 772.534 581.694 645.695 -25% 2371 1785 1982 -16% The City of Ukiah Water Conservation Program 2009 The unpredictability of its water supplies and ever Increasing demand on California's complex water resources have resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other Interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to Implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined in the MOU are generally recognized as standard definitions of water conservation measures. 1. CUWCC Demand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late 1970's. During the past five years, the City has expanded its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.411/0 in 2008 compared to 2004. Currently, the City's conservation program includes the following DMMs: DMM 1. Water survey programs for single-family residential and multi -family residential connections. The City tests customer meters upon request and instructs customers in how to use their water meter to determine if there Is a leak on the demand side of the meter. The City provides toilet leak detection tablets to customers. DMM 3. System water audits, leak detection, and repair The City performs leak detection and repair on an ongoing basis, The City, also, calculates system water losses annually and reports this information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City is currently replacing old meters in the system. The new meters will provide a more accurate reading of water use within the City, The City recently went through a rate re -structuring that is believed will reduce water uses in the future. DMM 5. Large landscape conservation programs and incentives. The City's Planning Department reviews all landscape plans proposed for new developments. Included in the City's Municipal Code is a requirement for all landscape planting to be "those which grow well in Ukiah's climate Without extensive irrigation." City staff reviews the water use of its top 5 water users and holds meetings with them on a reg[ilar basis to discuss landscape conservation programs. DMM 7. Public information programs. The City believes public awareness of water conservation issues is an important factor in ensuring a reliable water supply. The City promotes public awareness of water conservation through occasional bill stuffers, distribution of the Consumer Confidence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional information at local expositions and fairs, and an the City website advertised to the community on a banner across a City thoroughfare. The City also provides tee of charge water conservation yard signs to encourage minimal use of water for lawn Irrigation. Water conservation information and assistance Is routinely provided to the public by the water utility maintenance staff and meter readers while In the field. Field staff receives conservation training to better assist customers and promote conservation. Door hangers are used to remind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. DMM 8. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools tours of its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and institutional accounts The City has only two industrial customers: Maverick Industries and Red Tail Ale Brewery. The City surveys the water usage of these industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. DMM 11. Conservation pricing. In 2005, the City Increased and re -structured its water rates to encourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place on the water system. DMM 12. Conservation Coordinator. The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator is responsible for implementing and monitoring the City's water conservation activities. In practice, the City's water conservation program includes the efforts of the Conservation Coordinator and all staff. DMM 13.Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customer's premises ... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service may be discontinued if necessary. DIVIM 14.Residential ULFT replacement programs. Since October 1933.the sale oftoilets using more than 1.Ggallons �per Duahhas been prohibited by State and Federal regulations. These regulations If. Additional Water Conservation Measures |naddition hzthe OMMm.the City has also taken the following andmmo; 1. Installation offive waterless urinals inthe Ukiah Civic Center bosupport and promote the use of waterless urinals in all City facilities and in the public sector. The use of these urinals has received very positivefeedback hnrnFooUitiaeataffvvhovmzu|dDkebzinabeU these inthe Ukiah Valley Conference Center. ' 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Aoano|oo.and the Sonoma CWater_ 3. The Ukiah City adopted the AbwohneoWater Principles onApril 4.2OO7. The Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient use ofwater, and conserving water as a soon:a resource. The Principles suggest a proqess for improving decision-making as it impacts water -related issues. The City Council reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. Ill. Future Water Conservation Activities The City has recently undertaken rate and revenue study of its water utility. 8tiered inclining block rate structure and excess use charge are being evaluated to -encourage vvotar The City has submitted apre-application tothe State Water Rosourbes Control Board State Revolving Fund u/construct a/ Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will ~~ capable ~' producing 2million gallons per day \xucru/mthe summer and upbo7.5 MGD |nthe winter ofTitle 22unnaobriotoduse recycled water. Other immediate and conservation measures include: m Installation ofwaterless urinals and dual flush toilets in 211 City buildings " Sign the California Urban Water Conservation Council's K8erhonandum ofUnderstanding Regarding Urban Water Conservation and implement the 14best management practices = Water ofholenoystandards for new single-family development (long term) • Water -efficient landscaping (long term) ° Water waste ordinance prohibiting: (hnmod|aha) 1. gutterflooding 2. oaomosUTunoroismna ' 3. nonfeoyoOngdaoo[obve water fountains 4. breaks orleaks |nthe water delivery system = |nonn§vaa for Retrofits (long 1. low flow shower heads 2. toilet displacement devices B. toilet flappers 4. faucet aerators 5. high efficiency washing machines . G. ultra-low flow toilets ITEM NO.: 7f FACIA-kil February 3, 2010 SUBJECT: REPORT OF LITIGATION SUPPORT CONTRACT PAYMENTS TO EBA ENGINEERING EXCEEDING $5,000 AND APPROVAL OF CONTRACT CHANGE ORDERS OF $9,000 FOR EACH OF TWO CONTRACTS WITH EBA SUMMARY: The City Attorney has entered two litigation support contracts with EBA Engineers. Under the agreements EBA is providing assistance to the City Attorney in connection with two matters: (1) seeking coverage from Agricultural Excess and Surplus Insurance Company (AESIC) for the clean-up of gasoline and diesel fuel which leaked from three 10,000 gallon underground storage tanks (USTs) at the City's Corporation Yard which were removed in 1997; and (2) responding to a notice from Northern California River Watch that it intends to file a citizen suit under Subchapter C of the Resource Conservation and Recovery Act (RCRA) over these leaks. The City has not filed suit against AESIC and River Watch has not filed suit under RCRA. The City is attempting to provide evidence to AESIC that an "environmental incident" covered by the policy has occurred. It has been engaged in discussions with River Watch over a possible settlement. EBA has been providing the engineering services necessary to obtain approval of a clean-up plan from the North Coast Regional Water Quality Control Board for the UST contamination at the Corporation Yard and to implement the plan, which has been approved. Because of its expertise and familiarity with the USTs, the City Attorney engaged EBA to provide support in his efforts to obtain coverage and negotiate with River Watch. The City has received and processed for payment two invoices under each contract. The invoices for work related to AESIC total $4,692.15. The invoices for the River Watch work total $5,210.65. EBA has performed additional work for which it has not yet submitted invoices which will result in each contract exceeding the $6,000 cap. In addition to reporting to the City Council the expenditures under these contracts, the City Attorney is requesting approval of a contract change order for each contract increasing the not -to -exceed amount in each contract to $15,000. It is difficult to predict how much additional engineering work the City Attorney will need EBA to perform. The proposed increase represents a best guess of future costs for these services, but the estimate could be high or low. Depending on the outcome of the out-of-court efforts to resolve these matters, forensic engineering services or legal services may be required. Continued on Page 2 Recommended Action(s): Accept report of expenditures and approve contract change order and budget amendment. Alternative Council Option(s): Approve change orders for a lower cap. Not approve contract change orders and provide direction to staff. Citizens advised: None. Requested by: David J. Rapport, City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager Attachments: 1. None. Approved: flan Chambers, City Manager r Fiscal Impact: 1-1 Budgeted FY 09/10 Page 2 New Appropriation F-1Not Applicable ® Budget Amendment Required Amount Budgeted Source of Funds (title and #) Additional Appropriation Requested $12,000 250.3301.250.000 $18,000 - -C) ; 44VI My name is Ken Budrow. I was an employeeof City of Ukiah until I retired in 1995. 1 was part of the management • group - - When I retired the management group had an excellent health care plan through CAL -PERS. program. L went on Medicare and I was chretained that plan and paid the premiums out of my [�oeket. When I turned 65 1 was required to go on Medicare or be dropped from the insurance ed to a Medicare - I received a letter from the city dated 9-3-09 that told me the management unit voted to terminate the CAL - PERS health plan and supplemental insurance plan which again I paid for out of my pocket. This too was through CAL -PERS. o with a REMIF health - notifiedinsurance plan. That change was approved by you on August 5h,,2009. No retiree was of . possible a • . until a monthafter it was. done deal. ! retiree wasgiven an opportunity to provide input about this change. A meeting was held in this room on November 12th to tell the retirees about the new plan. The new Medicare Supplemental plan , to be ! • - Hartford. The change in premiums was shocking. And the coverage was not nearly as - 1 The Medicare Supplemental plan through CAL - PERS cost me,, an average of $237 per month in The new Hartford plan cost is $411 per month. A increase of $174 per montl] This is an increase of w month.2, 100 per year, The current city management employees health insurance is $440 a • • plan is coverage.only $29 less than the full coverage plan and the full coverage plan has prescription drug The director of ! for a the November meeting and she said that the negotiating committee approved the change. requested information fromandreceived reply!m the Human ResourcesDirector. 2 says,One sentence in the letter re not , invited to attend the bargaining •` •• • regarding health • r,, • • as are no longer represented by bargaining The letter says they 1• not representbut she 1 they agreed to . change in the retiree's health plan and the city allowed them to do so. The letter • says,only / MOU relative to retiree health coverage was to "attempt • •find alternative for - - successfulwhich the Unit was 1 • •' • I attempt"Unit" refers to the bargaining Unit, were they again representing the retirees? It seems so. The ! find coverage was . very 1•• attempt.. did not includepreventative care and the prescription drug program went t•'' Medicare part D which costs more, for less, and doe not allow for some medications to be dispensed at a I d . brief searchand found .' plan, through Farm, very similar to the new Hartford plan. It cos only $158.00 per • •, • the $411 monthi Hartford • . 3 Other information I rec"1 from Recourses Director indicated that when the Management Unit changes to a different health insurance carrier ALL of - retirees are required to change i be dropped • the program. never return to the city's insurance program once dropped. Yet the past practice of the city (I am sure you are familiar pastpractice.) does n• follow guideline. rcurrent retiree from the managementgroup .still has rhealth retireesinsurance carrier now as he had 20 years ago. The either took it in the pocketbook,or were dropped from the program Something needs to be done to correct this travesty. And you are the people that can take the necessary action "Are you going to take care of those that took care ol this city?" I know you! i G question i I will gladly meet with any of you to talk about this. My contact information is available through at least ! city departments. 2 I (707) 463-6241 (707) 463-6242 Wl-z '—v 7—A6 KENNETH D. BURROW Captain Ret. UKIAH POLICE DEPT. 300 SEMINARY AVE. UKIAH, CALIFORNIA 95482 ITEM NO.: MEETING DATE: AGENDA SUMMARY REPORT 9a February 3, 2010 APPROVALOF AN APPLICATION TO DEMOLISH THE STRUCTURE ROBINSON Background: The City of Ukiah Electic Utility Department submitted an application to construct a new electric substation on the west side of Orchard Avenue approximately 165 feet south of East Gobbi Street. Construction of the substation requires the demoltion of the vacant single-family residence located on the site. The substation project required the preparation of an Initial Environmental Study (IES). Based on Mendocino County Assessor property records and consultation with County Assessor staff that indicated the structure was constructed over several years beginning in 1962 and being completed in 1978, the analysis in the IES concluded that the structure was less then 50 years old. Since the building was determined to be less than 50 years old, the proposed demolition was not subject to the requirements of Ukiah Municipal Code Section 3016, the City's demolition ordinance (attachment 4). On December 10, 2009, the Planning Commission reviewed the Initial Environmental Study and associated Mitigated Negative Delcaration for the substation project. As part of their review of the IES, the Planning Commission Chair stated that the structure was most likely built in the 1940's and relocated to the site, making the building more than 50 years old and, therefore, subject to the requirements of the City's demolition ordinance. Subsequent to this new information, an application for a Demolition Permit was submitted by the City of Ukiah Electric Utility Department for review by the Demolition Permit Review Committee and the City Council as required by Ukiah Municpal Code Section 3016 for buildings that are more than 50 years old. Discussion: On January 11, 2010, the Demolition Permit Review Committee reviewed the demolition permit application for 5 Robinson Lane, including the Historical Profile prepared by Judy Pruden. The Committee unanimously found that the structure did not meet the criteria stated in Ukiah Municipal Code Section 3016 (E) since the structure was not associated with persons or events signifincat in local, state, Continued on Page 2 Recommended Action(s): Conduct a public hearing and approve the Demolition Permit for the structure located at 5 Robinson Lane as recommended by the Demolition Permit Review Committee and based on the finding that the structure does not have historical, cultural, or architectural significance. Alternative Council Option(s): Do not approve the Demolition Permit and provide processing direction to staff as to the structure's future disposition. Citizens advised: Noticed in accordance with the requirements of the Ukiah Municipal Code. Requested by: Mel Grandi, Electric Utility Director Prepared by: Kim Jordan, Senior Planner Coordinated with: Charley Stump, Director of Planning and Community Development and Jane Chambers, City Manager Attachments: 1. Demolition Permit Application 2. Location Maps and Photo 3. Historical Profile prepared by Judy Pruden 4. Ukiah Municipal Code Section 3016 5. Demolition Permit Review Committee Minutes of 1/11/2010 Approved: Janet , hambers, City Manager A or national history; there are several examples of this "do it yourself' type of building in the Ukiah area; the building has no distinguishing architectural features; and the building has no historical or architectural significance to the City of Ukiah. Accordingly, staff is recommending approval of the demolition permit. Recommendation: 1. Conduct a public hearing; and 2. Approve the Demolition Permit as recoomended by the Demolition Permit Review Committee Fiscal Impact: ❑ Budgeted FY 09/10 ❑ New Appropriation 7 Not Applicable 7 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Subject: Meeting Date: Page 2 of 2 Attachment'_# DEMOL -'ON PERMIT APPLICATION SUR' Y (FOR 6 j*RUCTURES OVER 50 YEARS OLD) CITY OF UKIAH CODE SECTION 3016 Property Owner:. U ktah Am)licant: G.� C - Property Address- 11ty 0 Assessor's Parcel No.: Zoning:PICA T)f.VL1(2DWj&eneraI Plan Desionation: Hich Denr,-,� I dtMVIii-lor.), rnAL0 Age of structure: How was age determined? Is property located in the City of Ukiah Architectural and Historical Resources Inventory? 17�)Q If yes, 1) Is It one of the 200 individually analyzed properties? 2) Is it included in a potential Historic District? - Which one? 3) Is it one of the properties not considered worthy of specific analysis? Describe structure's current condition: LIM M Describe purpose of demolition: 10 CMS+(U&t a TeO * XttokIlL SLA [:. -Q Describe all salvageable archaic materials and any salvage plans:CD2Z1 Can the structure be moved? Ljf��r) Are there plans to move the structure? nL-2 Describe any moving plans (location, timing, etc.): L� General comments regarding historic, architectural, or cultural significance of buildihg/property: 14'61�mu_ Las 1-v ag V�Ihr_hLral CL� g:nd 1--Yv- if 6 &riv,gtnv�- qr',� 4W /t4xm w4rr% I I I I cre Describe any unique features of hi illding or property: in A )nin jANI- Recommendation for City Council action: RP41jecd-a A 0,101 Describe the Demolition Permit Review Committee's actions on the application (page 2). d �.o =ai ..a,u •""'..`r- � �„� is �ti..{i.�r-��'l� 'i—•-.."'." L{� .,1 51. Ii�Y '"'_ G:"r _" N`''~�1� 'l .."i 'r •�ry � ' , 11 I +d� • ' , � t tit) jg iia E 5 �� T - •n t y ssrr Pr` PARRS 9 - 6 1.26 ACRES 6 . �PARCEL3 0.10 ACR 5., t M. ,tmummy, I@Y9tm' 2 N' .�—i 1 3 Alm VILIRM i1v PREUM ',y its ;`•t t itl Atvs ply ft.W.Badt,6P. �saszs -s m 76 131So1u TAI&oRd,Suda3tlD O Y t—' . . . ' iN370I5 s:sm xumrxtta.: :cuEwDsr (816yd3i•71B0 LEGEND: IEWPAEI36UYUlai tr.wuTRw PARGTl.UPEWPEE'KUIIE EXLMIQUIlIMEAMORS CDYDFNMtt...,..-t �....... DRCHARDEUBETATION - tAmN60ixYamt PRDPMWLOTLREAWUS161EtR t t � BDV MWLMAOA Wlr taamex 123&SK3,9 View of home sites from the east. Attachment # 3 DATE: December 31, 2009 TO: Charley Stump, Director of Planning FROM: Judy Pruden, Chair Demolition Permit Review Committee RE: 5 Robinson Lane Demolition Application Frank Robinson moved to Ukiah in 1919. By 1930, he and his wife, Mary, had purchased over 10 acres in Lot 31 of the Yokayo Rancho Grant. Frank and Mary were living some place south of the City boundaries near Gobbi Street, according to the voter records of 1930s and 1940s. His occupation is listed as rancher/fruit grower. Frank died in 1953 at age 72 and his obituary states that he was well- known for high quality fruit and vegetables, which he sold. The Robinsons had no phone in their name nor are they listed in any business directory from 1929-1969. The 1947 Tax Records show they sold 5 acres of land. The 1952 Tax Records also show them living on a parcel listed as 003-34-29. This number could not be matched to the early parcel number of 003-34-48, which is 5 Robinson Lane. However, it would appear that they were living closed by. An examination of the original 1957 aerial does show several buildings including tire tracts to a small 2 -pitch gable structure. Tax Records from 1930s and 1940s show very modest improvements on the parcel and no improvements large enough to indicate a house. The 1960 phone book has Mary Robinson living on Robinson Lane, but no house number is given. She is not listed after 1964. The on-site visit of Robinson Lane shows a house which was built in the late 1940s. There are several examples of this style and construction in the Ukiah area. It has all the hallmarks of a 'do it yourself building, generally built by an owner from discounted or scrap lumber. Old timers indicate this was a common local practice. These houses were built very cheaply and featured sagging roofs after a few years. A small notation of page 3 of the Building Record states "3-29- 62, residence is poorly built, sags and leans, material is all old and weathered." The most logical explanation for this structure and the Building Record showing 1961 construction is the following: e Frank Robinson built this house after his 1947 sale of 5 acres. Demolition Review Committee December 31, 2009 Page 1 * By 1960 the structure was moved to its current location. * It was further remodeled in the 1970s. Although the house is older than 50 years, it has no distinguishing architectural features. It was the primary residence of the Robinsons for three or four years. It does not have historical or architectural significance to the City of Ukiah. However, it is an interesting example/story of a modest agricultural family and urban development as it abuts agricultural land. The new electrical substation should be named the Robinson Lane Station. Demolition Review Committee December 31, 2009 Page 2 Attachment # H Demolition 3016: Modifications to the California Building Code A. The section of the California building code, relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. The terms "demolish" or "demolition", as used in this section, shall mean: 1) the tearing down of all or part of a building or 2) the cumulative alteration of a building pursuant to one or more building permits issued over a five (5) year period, where fifty percent (50%) or more of the structural or exterior components of the building are removed or replaced. The review required by this section shall occur with the application for the permit that: 1) results in the tearing down of all or part of the building or 2) authorizes the cumulative alteration of the building that equals or exceeds the specified percentage. B. The section of the California building code, relating to the issuance of a building permit, is modified to require that, as to buildings constructed fifty (50) years or more prior to the date of application, the director of planning or his/her designee shall determine whether: 1. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection D of this section, unless the building is subject to demolition under subsection B2 of this section. 2. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the, public health or safety. C. If subsection 131 or B2 of this section applies to the building, no further review shall be required under this section and the permit shall be issued in accordance with the provisions of the California building code. D. If the planning director finds that neither of the exceptions in subsection B1 or B2 of this section applies to the building, a building permit to demolish a building shall be subject to further review in accordance with this section. The planning director shall transmit the proposal to the demolition review committee, or other official reviewing body established by the city council, for review, comment, and a recommendation to the city council. Once the demolition review committee formulates a recommendation concerning the disposition of the proposed permit, the planning director shall schedule and duly notice the matter for a public hearing and decision by the city council. The public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner: 1. Publication in a newspaper of general circulation in the city at least ten (10) days prior to the hearing. 2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner, 3. First class mail notice to all owners (as shown on the latest available Mendocino County tax assessor's equalized assessment roll) of property within three hundred feet (300') of the subject property. E. nn»viexA(ing proposed permits, and formulating recommendations to the city council, the demolition review committee shall consider any information provided during the meeting, and shall use the following criteria. The structure: 1. Has aspecial orparticular quality such esoldest, best example, largest, orlast surviving example of its kind; or 2, Exemplifies or reflects special elements ofthe city's cultural, social, economic, political, aesthetic, or architectural history; or 3./ostrongly identified with persons or events significant inlocal, state, or national history. F If the demolition review committee finds that any of the criteria listed in subsection E of this section apply to the building proposed for demolition, it shall recommend denial of the permit to the city. G. 1. The city council shall conduct a public hearing pursuant to subsection D of this section to consider the recommendation of the demolition review committee, and to determine if any of the criteria listed |nsubsection Eofthis section apply tothe building demolition. If the city council determines that any one of the criteria applies, it shall make a corresponding finding hothat effect. 2. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and the uses of the property allowed under existing or probable future zoning regulations. The city council shall consider such evidence offered by the applicant and any other information presented at the meeting by any interested party or by staff, to determine whether or not a viable market exists. 'Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable return" means the average rate of return on real estate investments in the Ukiah Valley. 3.Ifthe city council determines that aviable market exists: a.|ishall sonotify the building offioia}who shall not issue the permit.Th city council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, |tmay assume that eviable market exists, ifthe applicant fails topresent substantial evidence that aviable market does not exist; b.Not more than once within any twelve (12) month period, the applicant may submit a new application for a permit and the city council may reconsider whether a viable market (1) Upon ashowing bythe applicant that market conditions have changed; or (2) Based upon new information that inthe exercise ofreasonable diligence the applicant could not have produced cdthe first hearing. 4. If the city council determines, based on substantial evidence, that oviable market does not exist, the issuance of the permit shall be stayed for aperiod ofninety (90) days. o.During that ninety (JO)day period, the city shall dothe following: (1)Determine whether other alternatives to demolition exist, which are acceptable to the applicant, thaimmu|dpreaervethehistoric.architeoiundorcuhuodsignificance of the building; (2) Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase on terms acceptable to the applicant; or (3) If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain, b. If within the(]O) days, thedoes not reach agreementwitb the applicant or commence acquisition of the building, the building official may issue the permit in accordance with the provisions ofthe California building code. c. If within the ninety (90) day period, the city either: 1) reaches agreement with the applicant or 2) commences acquisition of the building, the building official shall not issue the permit. d.However, the building official shall continue to process the application for the permit in accordance with the California building code, if the city and the applicant terminate their agreement or the city fails to diligently pursue or abandons acquisition of the building. e. The city manager or his/her designee shall inform the building official whenever the city and the applicant terminate their agreement or the city fails to diligently pursue or abandons acquisition ofthe building. f. If the building official has issued a demolition permit under this subsection and the permittee applies boextend the permit additional one hundred eighty (180) dai accordance with the applicable provisions of the California building code then in effect, the building offio|a|shall refer the application tothe city manager for oninitial determination ao conditionsto whether market have changed.The cityshall maketh "Diligentlydetermination within ten (10) days after the application is referred by the building official. If the city manager determines that market conditions may have changed and that a viable market may exist for the property, he or she shall schedule the matter for a hearing before the city council to be noticed and conducted in accordance with subsection D of this section and this subsection G. However, at the hearing the city shall have the burden of proving by a preponderance of the evidence that market conditions have changed and a viable market exists. If the city manager determines that market conditions have not changed, he or she shall so notify the building official and the applicant. Upon such notification, the building official shall further process the application to extend the term of the permit in accordance Vith the requirements of the California building code then in effect. If the city council conducts a hearing upon referral by the city manager, the city clerk shall provide written notification to the building official and the applicant of the city council decision. If the city council decides that a viable market exists, the building official shall not issue the permit, but the provisions of subsection G3b of this section shall apply. If the city council decides that a viable market does not exist, the building official immediately shall proceed to further process the application in accordance with the applicable provisions of the California building code then In effect. 5. acquisition" means taking all steps within the time required bylaw bo acquire the building byeminent domain. G.References ho herein shall include the building owner. H. The planning director shall provide a written notice of the city council determination to the applicant. The written notification shall be mailed or hand delivered within five (5)days from the date of the city council's decision. The notice shall include the finding(s) and decision made bythe city council and acopy ofthis section. i The applicant for mpermit for abuilding determined tohave historic, architectural or cultural significance shall salvage the building materials for reuse bothe maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition. J.1. Grounds For Reconsideration: The city council may reconsider odecision under this section withthe if information that may have materially affected the decision was: a) misrepresented by the applicant, or b) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the city council decision. "Information" as used herein means matters of fact or law. Adecision may not be reconsidered, if all three (3)of the following have occurred: The permit: a) has been Issued, b)did not etthe time it was issued violate any provision ofthe California building code, ooadopted bythe city, or any other city ordinance orstate cvfederal law, and c) the permittee has commenced demolition in good faith reliance on the permit. 2.Procedure On : Reconsideration ofodecision under this section may be placed on the agenda for oregular city council meeting byany member of the city council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agendaaha||bapnov|dmdinoccondonoaxxithouboectionDpfUlioaecUon.|fa|naady issued, the permit shall be suspended from the date that an eligible city council member requests that the matter be placed on the agenda and until the city council makes a final decision upon reconsideration. The building official shall notify the applicant in writing of the permit suspension. At the meeting, the city council shall determine, based on evidence provided to the city prior to or during the meeting, whether reconsideration is permitted under subsection J1 of this section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the city council makes a different decision, the city clerk shall provide notice of that decision to the building official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the city council determines that a building has historic, architectural, or cultural significance, and the building official has issued a permit based on the previous decision, the building official shall revoke the permit. If the previously issued permit has expired, the building offio7a|shall deny anapplication for anew permit, unless the permit io issued ioaccordance with subsection G4ofthis section. (C)pd.838.01.adopted 1884;Ord. Q27'O1'adopted 1992;Ord. 1O14'O1.adopted 1S98;Ord. 11O3'O1.adopted 3OO7) Affachment DEMOLITION PERMIT REVIEW COMMITTEE MEETING January 11, 2010 MEMBERS PRESENT OTHERS PRESENT Judy Pruden, Chair Mel Grandi, Electric Utility Director Roger Vincent Tim Eriksen David Willoughby MEMBERS ABSENT STAFF PRESENT Charley Stump Kim Jordan, Senior Planner The regular meeting of the City of Ukiah Demolition Review was called to order by Chair Pruden at 3:05 p.m. in the Conference Room 3, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. 3. APPROVAL OF MINUTES: March 4, 2009 MIS Vincent/Eriksen to approve March 4, 2009 minutes, as revised by Chair Pruden. Motion carried 4-0. 4. COMMENTS FROM AUDIENCE ON NON -AGENDA ITEMS None 5. APPEAL PROCESS No formal appeal process since all decisions are advisory to the City Council. DEMOLITION PERMIT REVIEW AND RECOMMENDATIONS A. Application by Mel Grandi, Electric Utility Director to demolish the existing single-family residence at 5 Robinson Lane. Judy Pruden: Prepared the historical profile and commented that as is sometimes the case with older properties the tax records are not consistent with the building. The building was most likely moved to the site in 1960-1961 and was not a new structure when moved. This is supported by the notes in the tax records that describe the building as "sagging, old, weathered" and the design of the building. Members Eriksen and Vincent: Expressed support for naming the substation the Robinson Lane substation as suggested in the historical profile. Mel Grandi, Electric Utility Director: Would consider naming the substation the Robinson Lane Substation. Common practice is to name substations for their location, i.e. Gobbi Street. Planner Jordan: Could consider an a.k.a. designation of Robinson Lane for the substation if a locational name (Orchard Avenue Substation) was necessary. MIS Eriksen/Vincent to recommend to the City Council that the demolition permit be approved since the building does not meet any of the criteria set forth in Section 3016(E) of the Ukiah Municipal Code. Motion carried 3-0 (Stump absent; Pruden recused due to participation as a Planning Commissioner in the review of the Initial Environmental Study and Mitigated Negative Declaration). ADJOURNMENT Adjourned at 3:17 p.m. Judy Pruden, Chair Kim Jordan, Senior Planner/Recording Secretary Demolition Permit Review Page 1 March 4, 2009 FETING DATE: February 3, 2010 SUBSTATIONSUBJECT: APPROVAL OF A RESOLUTION TO ADOPT A MITIGATED NEGATIVE DECLARATION, APPROVAL OF A RESOLUTION TO AMEND THE GENERAL PLAN, AND INTRODUCTION OF AN ORDINANCE FOR A REZONING FOR THE ORCHARD AVENUE -• Summary: Approval of the General Plan Amendment would 1) change the land use designation of Assessor Parcel Numbers 003-582-28, 003-582-29, and 003-582-30 from High Density Residential (HDR) to Public (P) and a portion of Assessor Parcel Numbers 003-582-08, 003-582-33, 003-582-34, 003-181-34, and 003-181-35 from Commercial (C) to Public (P) in order to construct a new electric substation on the west side of Orchard Avenue approximately 165 feet south of East Gobbi Street; and 2) change the land use designation of a portion of APN 003-582-04 from Commercial (C) to Public (P) for the City of Ukiah Gobbi Street well site to reflect the public use of the site. Approval of the Rezoning 1) would change the zoning for Assessor Parcel Numbers 003-582-28, 003- 582-29, and 003-582-30 from Planned Development (PD) to Public Facilities (PF) and a portion of Assessor Parcel Numbers 003-582-004, 003-582-08, 003-582-33, 003-582-34, 003-181-34, and 003- 181-35 from Community Commercial (Cl) to Public Facilities (PF) to be consistent with the proposed Public General Plan land use designation; and 2) is required since public utility, facilities (such as the electric substation and City well) are allowed uses in the Public Facilities zoning district. The project also requires 1) Planning Commission approval of a Site Development Permit for the substation and a Use Permit for the 10 -foot tall masonry wall proposed to enclose the substation facility and 2) City Engineer approval of a Boundary Line Adjustment in order to reconfigure the existing nine (9) parcels into three (3) parcels as shown on the project plans (attachment 7, sheet 14). Continued on Page 2 Recommended Action(s): Approve the Resolution to Adopt the Mitigated Negative Declaration, Approve the Resolution to Amend the General Plan, and Introduce the Ordinance for the Rezoning Alternative Council Option(s): Do not adopt the Mitigated Negative Declaration and General Plan Amendment and do not introduce the ordinance to Rezone the property and provide direction to staff. Citizens advised: Noticed in accordance with the requirements of the California Environmental Quality Act (CEQA) and the City of Ukiah Municipal Code Requested by: Mel Grandi, City of Ukiah Electric Utility Director Prepared by: Kim Jordan, Senior Planner Coordinated with: Charley Stump, Director of Planning and Community Development and Jane Chambers, City Manager Attachments: 1. Draft Resolution to Adopt a Mitigated Negative Declaration 2. Draft Resolution to Approve a General Plan Amendment 3. Draft Ordinance to Approve a Rezoning 4. Revised Mitigated Negative Declaration 5. Planning Commission Minutes from December 10, 2009 6. Planning Commission Staff Report Only (attachments available upon request) 7. Plans Approved: -� JaGhambers, City Manager Planning Commission Review: On December 10, 2009, the Planning Commission reviewed the Initial Environmental Study (IES) and associated Mitigated Negative Declaration (MND), General Plan Amendment, and Rezoning, as well as the Site Development Permit for the substation and a Use Permit to allow a 10 -foot tall masonry wall to enclose the substation facility. Planning Commission discussion focused primarily on the Mitigated Negative Declaration, including the removal of the 5 -foot diameter redwood tree and the aesthetic impacts of the project, the potential loss of sites for high density housing, EMF (electric magnetic fields), and the age of the structure proposed to be demolished (see attachment 5). The following actions were taken by the Planning Commission at the meeting: 1. Mitigated Negative Declaration: Recommended that the City Council adopt the Mitigated Negative Declaration with the following revisions to the Initial Study and Mitigated Negative Declaration which have been made by staff and agreed to by the project proponent: ® Aesthetics (IES/MND Section 1): Change the significant level for item #1c from less than significant to less than significant with mitigation incorporated and add the landscaping plan and 10 -foot wall as mitigation measures. ® Cultural Resources (IES/MND Section 5): Commented that the building was most likely built in the 1940's and moved to the site and, if this is the case, the building would be more than 50 years old and subject to the City's demolition ordinance. Directed that additional research into the building be conducted to better to determine the age of the building and, if determined to be more than 50 years old, comply with the City's demolition ordinance procedure. ® Housing and Population (IES/MND Section 12): Add discussion that explains that with the change of land use from High Density Residential there will still be adequate land in the City to accommodate the City's housing needs based on the 2009 Vacant and Under Utilized Land Survey map prepared as part of the draft General Plan Housing Element. ® Land Use (IES/MND Section 9): Include the discussion noted above in Housing and Population in this section by reference. ® Various Sections: Correction of minor typographical errors. 2. General Plan Amendment: Recommended City Council approval with no changes to the findings. 3. Rezoning: Recommended City Council approval. 4. Site Development Permit: Approved with conditions and subject City Council adoption of the Mitigated Negative Declaration and approval of the General Plan Amendment and Rezoning. 5. Use Permit: Approved with conditions and subject to City Council adoption of the Mitigated Negative Declaration and Approval of the General Plan Amendment and Rezoning. Discussion: Revisions to the Initial Study and Mitigated Negative Declaration: The Initial Environmental Study and associated Mitigated Negative Declaration and Mitigation Monitoring Report and Program have been revised by staff to reflect the revisions recommended by the Planning Commission (see attachment 4). The changes include further investigation into the age of the building located at 5 Robinson Lane and proposed to be demolished as part of the substation project. Subsequent to the Planning Commission review of the project, a demolition permit for 5 Robinson Lane was submitted by the City of Ukiah Electric Utility Department and a Historical Profile of the structure was prepared by Judy Pruden. The historical profile indicated that the building was more than 50 years old; and therefore, subject to the requirements of the City's demolition ordinance, Ukiah Municipal Code 3016. Pursuant to these requirements, the proposed demolition was reviewed by the City's Demolition Permit Review Committee. The Committee voted unanimously (3-0) to recommend approval of the Demolition Permit to City Council. Review of the Demolition Permit has been scheduled for City Council consideration at the February 3, 2010 City Council meeting. Cultural Resources section 5a has been revised to include the additional information provided in the historical profile and the action of the Demolition Permit Review Committee. The document will be further updated/revised as needed to reflect the action taken by the City Council at the February 3, 2010 meeting regarding the Demolition Permit. Public Comment: As of the writing of this report, no public comment or correspondence have been received regarding the proposed project. Subsequent Approvals Required: Subsequent to City Council approval of the General Plan Amendment and Rezoning, the project requires City Engineer review and approval of a Boundary Line Adjustment in order to reconfigure the existing nine (9) parcels into three (3) parcels as shown on the project plans. Planning Commission review and approval of the landscaping plan and details are also required since this information was not available at the time of their review of the project on December 10, 2009. The landscaping plan and associated details will be scheduled for review by the Planning Commission after City Council review and approval of the General Plan Amendment and Rezoning and after the plans and details have been prepared by the applicant and submitted to Planning staff. Recommendation: Staff recommends that the City Council conduct a public hearing and: 1. Approve the Resolution to Adopt the Mitigated Negative Declaration 2. Approve the Resolution to Amend the General Plan 3. Introduce the Ordinance for the Rezoning Fiscal Impact: H Budgeted FY 09/10 1-1 New Appropriation ❑X Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Subject: Meeting Date: February 3, 2010 Page 3 of 3 Account Number Addit. Appropriation Requested • • •Kell • • PERMIT, USE PERMIT, AND BOUNDARY LINE ADJUSTMENT 1. The City of Ukiah as Lead Agency has prepared an Initial Environmental Study and a Mitigated Negative Declaration, dated November 18, 2009 for the Orchard Avenue Substation General Plan Amendment, Rezoning, Site Development Permit, Use Permit and Boundary Line Adjustment; and 2. The Orchard Avenue Substation project will change the general plan land use designation to Public from High Density Residential and Commercial and the zoning designation to Public Facilities from Planned Development and Commercial in order to allow the construction of a new electric substation on 1.26 acres. Planning Commission approval of a site development permit is required prior to construction of the facility and Planning Commission approval of a use permit is required to allow a wall in excess of 6 -feet in height to enclose the facility. City Engineer approval of a boundary line adjustment is required in order to reconfigure the nine existing parcels into three parcels: Parcel 1 for the substation; Parcel 2 vacant; and Parcel 3 developed with the Gobbi Street well, as shown on Exhibit A; and 3. The Initial Environmental Study and Mitigated Negative Declaration found that the proposed project had the potential to have a significant impact on aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic and that the impacts identified could be reduced to a less than significant level with the incorporation of mitigation measures as identified in the Initial Environmental Study and agreed to by the project proponent; and 4. The Initial Environmental Study was prepared and demonstrated that there is no substantial evidence that supports a fair argument that the project, as mitigated and conditioned, would have a significant effect on the environment; and 5. The Initial Environmental Study and Mitigated Negative Declaration were publicly noticed and made available for public review and written comments between November 20, 2009 and December 10, 2009, and no written comments were received; and 6. A Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures and the mitigation measures have been agreed to by the project proponent. 7. The Initial Environmental Study and Mitigated Negative Declaration and record of proceedings of the decision on the project are available for public review at the City of Ukiah Resolution No. CEQA — Mitigated Negative Declaration Orchard Avenue Substation 1 Planning Department, Ukiah Civic Center, Planning Division, 300 Seminary Avenue, Ukiah, CA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. 5. The Initial Environmental Study examined areas of potential impacts that may result from the implementation of the proposed project. Based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed project has the potential to have significant environmental impacts on aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic without the implementation of mitigation measures and/or revisions to the project. The analysis and conclusions reached in the Initial Environmental Study identified mitigation measures that would reduce potential impacts on aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic to less than significant levels based on the following: Aesthetics Potential Impact: Removal of the 5 -foot diameter Coast Redwood tree located on the project site and the construction of the substation itself has the potential to substantially degrade the visual character or quality of the site. The project will not substantially degrade the visual character or quality of the site with the inclusion of mitigation measures that require 1) a landscaping plan to be prepared for the project that includes street trees that will help screen the facility from the public view and provide replacement trees proximate to/in the vicinity of the 5 -foot diameter redwood removed from the site and that extend from the southern end of the project frontage to the corner of East Gobbi Street and Orchard Avenue and 2) a 10 -foot tall masonry wall to enclose the facility as shown on the project plans that will screen much of the equipment from view and is required to be a natural/earth-tone color to coordinate with the landscaping and 3) require Planning Commission approval of the landscaping plan and the wall color as a condition of approval for the Site Development Permit and Use Permit. The inclusion of these Resolution No. CEQA — Mitigated Negative Declaration Orchard Avenue Substation 2 mitigation measures will reduce visual impacts to a less than significant level. Potential Impact: The project will introduce a new source of light due to the installation of lighting fixtures to illuminate the site during night-time repair or servicing of the substation facility. The project will not have a significant impact related light and glare due to the installation of lighting fixtures with the inclusion of a mitigation measure that requires the lighting installed for the project to meet the International Dark Sky Association standards and requires the final lighting plan and cutsheets to be reviewed and approved by Planning Commission as part of the conditions of approval of the Site Development Permit. ' e . Potential Impacts: Short-term temporary impacts related to air quality standards, a net increase in criteria pollutants, and the exposure of sensitive receptors for substantial pollutant concentrations may occur during the construction phase of the project due to fugitive dust and may result from the planned demolition of the structure at 5 Robinson Lane, which due to its age may contain lead based paint and asbestos. The project will not have a substantial adverse effect related to air quality standards with the inclusion of mitigation measures that require compliance with Mendocino County Air Quality Management District (MCAQMD) Regulation 1, Rule 430 regarding fugitive dust emissions which will reduce potential impacts related to State PM -10 standards and/or air -borne soil erosion to less than significant levels. The project will not result in a significant impact related to the release of lead based paint and/or asbestos into the environment with the inclusion of a mitigation measure that requires City of Ukiah approval of a demolition permit and as part of the demolition permit application materials, an air quality permit from the MCAQMD is required which will ensure that the demolition of the structure does not result in the release of asbestos or lead based paint into the environment, thereby reducing the impact to a less than significant level. Biological Resources Potential Impact: Due to the removal of on-site trees, the project may impact native resident or migratory birds. The project will not result in substantial adverse effects to native resident or migratory birds in that a query of the California Natural Diversity Data Base and other State and Federal lists were conducted and an informal consultation with the Mendocino County Office of the California Department of Fish and Game was also conducted and did not identify any native resident or migratory birds known to inhabit the project site; and with the inclusion of a mitigation measure that requires a pre -construction survey of the site to be conducted by a qualified biologist two weeks prior to removing any trees if site preparation and/or tree removal are to occur during the spring bird nesting season (February to July). Resolution No. CEQA — Mitigated Negative Declaration Orchard Avenue Substation 3 Cultural Resources Potential Impact: The project could result in potential impacts related to the inadvertent discoveries of archeological resources. The project will not result in substantial impacts related to archeological resources in that the project site is not known to contain any cultural resources and is not identified on the City of Ukiah General Plan as an area having "high cultural sensitivity" and a mitigation measure has been added to the project to address the inadvertent discovery of archeological resources that requires construction to immediately halt, the Planning Department to be notified, and the project proponent to fund the hiring of a qualified professional archeologist. In addition, a mitigation measure has been added that requires notification of the Guidiville Indian Rancheria in the event artifacts are discovered during the excavation phase of the project. Potential Impact: The project could result in potential impacts related to the inadvertent discovery of human remains, including Native American remains. The project will not result in substantial impacts related to the inadvertent discovery of human remains in that the project was referred to the North West Information Center (NW IC) for a records search of historical or archaeological resources that may be associated with the project site and the written response stated "Review of this information indicates that the proposed project area contains no recorded Native American or historic -period archeological resources" and was also referred to the Native American Heritage Commission and the twelve Native American tribes in the area identified by the NAHC from which one response was received from the Guidiville Indian Rancheria that "At this time, the Guidiville Indian Rancheria does not have any potential or existing archeological or historical sites within or the Project Area." In addition mitigations measures have been added that require compliance with CEQA Guidelines Section 15064.5(e) which identifies the steps that shall be taken in the event of inadvertent discovery of human remains and compliance with Health and Safety Code Section 7050.5, Disturbance of Human Remains and that require the notification of the Guidiville Indian Rancheria. Geology and Soils Potential Impact: There are potential impacts related to existing fill materials, moderately expansive near -surface soils and earthquake hazards, including potentially liquefiable sand layers on-site. There will not be substantial impacts related to existing fill materials, moderately expansive near -surface soils and earthquake hazards, including potentially liquefiable sand layers as all of the recommendations included in the Geotechnical Investigation prepared by Alan Kropp and Associates have been added to the project as Mitigation Measures. Potential Impact: There are potential impacts due to soil erosion during storm events and the potential for loss of topsoil during the grading and site preparation phase of the project. There are potential impacts due to sediment and particulate matter escaping the site from stockpiled construction materials and soils during storm events. Resolution No. CEQA — Mitigated Negative Declaration Orchard Avenue Substation 4 There will not be substantial impacts related to soil erosion during storm events as a Mitigation Measure has been added to the project for the preparation of a Storm Water Pollution Prevention Plan (SWPPP) and implementation of the SWPPP and it recommended best practices are required to be in accordance with the Construction General Permit 99-08 of the State Water Resources Control Board. The SWPP shall also identify measures for erosion control for any stockpiled materials, including topsoil. Hazards and Hazardous Materials Potential Impact: The project has the potential to result in a significant impact related to the routine use of large amounts of mineral oil to enclose each of the three transformers and the use of petroleum hydrocarbons and their derivatives (e.g. gasoline, diesel fuels, oils, lubricants and solvents) during the construction phase of the project. The project will not result in a significant impact related to the routine use of mineral oil or the use of petroleum hydrocarbons and their derivatives in that mitigation measures have been added that 1) require the preparation of a Spill Prevention Control and Countermeasure Plan (SPCCP) to be reviewed and approved by the City of Ukiah Public Works Department 2) limit the storage of fuels on-site to 2,000 gallons at any given time 3) require contractor's vehicle and equipment cleaning, maintenance and fueling to be staged and performed at the location designated by the City of Ukiah Public Works Department and pursuant to the Storm Water Pollution Prevention Plan required for the project and 4) require the construction equipment to be maintained and kept in good operating condition in order to reduce the likelihood of line breaks and leakage. Potential Impacts: The project has the potential to result in a significant impact related to the release of the hazardous materials into the environment due to the planned demolition of the structure located on the project site at 5 Robinson Lane, which due to its age has the potential to contain lead based paint and asbestos and the potential to encounter contaminated soil during the construction phase of the project. The project will not result in a significant impact related to the release of lead based paint and asbestos into the environment -in that a mitigation measure has been included that requires City of Ukiah approval of a demolition permit and as part of the demolition permit application materials, an air quality permit from the MCAQMD is required. Potential Impacts: The operational phase of the project may result in significant impacts related to safety risks to air traffic due to electronic interference with aircraft navigation or communication that could be caused by the electric magnetic field created by the substation. The project will not have a significant impact on aircraft navigation or communication equipment in that the project was referred to the Mendocino County Airport Land Use Commission for review and the written response from the ALUC staff planner stated "since the proposed project is not directly under the flight path, there most likely would be no interference with communications of navigation" and the comments also noted that some members of the ALUC indicated that they have never experienced from the existing electrical substation nor have they heard of others experiencing such interference. In order to ensure that the project will not have a significant impact related to aircraft navigation or communication equipment, mitigation measures have been added to the project that require the submittal of form 7460-1 (Notice of Proposed Resolution No. CEQA — Mitigated Negative Declaration Orchard Avenue Substation 5 Construction or Alteration) to the Federal Aviation Administration and FAA approval of the project prior to issuance of a building permit and FAA Oakland Technical Support contact and approval of the project as required by FAA regulations. Potential Impacts: The project has the potential to result in a significant impact related to water quality standards since the construction of the project involves grading, excavation, the installation of underground foundations and facilities, the import and export of materials, the retention of top -soil onsite to be reused in landscaping purposes, and the on-site stockpiling of materials there is have the potential to create sediment that can result in the run-off of sediment that could enter the City's storm drain system and eventually local streams and the Russian River. The construction of the project will not result in a significant impact to water quality in that the Ukiah City Code requires the preparation of an erosion control plan as part of the grading plans required for the project and since the project site is more than one (1) acre in size the Regional Water Quality Control Board requires a Storm Water Pollution Prevention Plan (SWPPP) to be prepared for the project. A mitigation measure has been added to the project that requires City of Ukiah Public Works Department review and approval of the SWPPP. Noise Potential Impacts: The project has the potential to cause a significant temporary short-term increase in noise levels due to the use of heavy equipment and other noise generating tools during the construction phase of the project. The project will not result in a significant noise impact during the construction phase of the project with the addition of a mitigation measure that limits construction activity to Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 4:00 p.m. Transportation and Traffic Potential Impacts: The operational phase of the project may result in a significant impact related to safety risks to air traffic due to electronic interference with aircraft navigation or communication that could be caused by the electric magnetic field created by the substation. The project will not have a significant impact on aircraft navigation or communication equipment in that the project was referred to the Mendocino County Airport Land Use Commission for review and the written response from the ALUC staff planner stated "since the proposed project is not directly under the flight path, there most likely would be no interference with communications of navigation" and the comments also noted that some members of the ALUC indicated that they have never experienced from the existing electrical substation nor have they heard of others experiencing such interference. In order to ensure that the project will not have a significant impact related to aircraft navigation or communication equipment, mitigation measures have been added to the project that require the submittal of form 7460-1 (Notice of Proposed Construction or Alteration) to the Federal Aviation Administration and FAA approval of Resolution No. CEQA — Mitigated Negative Declaration Orchard Avenue Substation 6 the project prior to issuance of a building permit and FAA Oakland Technical Support contact and approval of the project as required by FAA regulations. 6. The revisions in the project plans or proposals made by, or agreed to by, the project proponent before the adoption of the proposed mitigated negative declaration and initial study would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur. 7. There is no substantial evidence in light of the whole record before the City of Ukiah that the project, as revised, may have a significant effect on the environment. PASSED AND ADOPTED this day of February, 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Baldwin, Mayor ATTEST: Joanne Currie, City Clerk Resolution No. CEQA — Mitigated Negative Declaration Orchard Avenue Substation 7 1 � � }y1 � _ � g S 3 W i 4 N W w U t (W) CJ Q L CL p 1 t ji 1g t.i 6 4 a S ul �4�NINN Q }�} h 17 H Z Z U }y1 � _ � g W i 4 (W) I t � _ t.i .I 4 i .I✓� Q }�} h 17 H Z Z U _ � g ri m .I✓� J_ � n a �L @ 8 J L N - g t.. 0 p N o � p ` t S 5+.1 '_ CIf � Q }�} h 17 H Z Z U Attachment # 1z - # � RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP TO AMEND THE LAND USE DESIGNATION OF ASSESSOR PARCEL NUMBERS 003-582-28,003-582-29, AND 003-582- 30 FROM HIGH DENSITY RESIDENTIAL (HDR) TO PUBLIC (P) AND A PORTION OF ASSESSOR PARCEL NUMBERS 003-582-04, 003-582-08, 003-582-33, 003-582-34, 003-181- 34, AND 003-181-35 FROM COMMERCIAL (C) TO PUBLIC (P) WHEREAS, in order to maintain firm reliable electrical capacity for the City of Ukiah, the construction of a new electric substation is required; and WHEREAS, the best location for a new substation has been determined to be on the west side of Orchard Avenue approximately 165 feet south of the East Gobbi Street since this location is proximate to and across the street from the existing electric substation and will allow for the extension of transmission lines and underground lines from the existing substation to the new substation; and WHEREAS, in order to construct a new electric substation in this location a General Plan Amendment is required which will amend the land use designation of parcels identified as APNs 003-582-28, 003-582-29, and 003-582-30 from High Density Residential to Public and will amend portions of 003-582-08, 003-582-33, 003-582-034, 003-181-34, and 003181-35 from Commercial to Public as shown in Exhibit A; and WHEREAS, this general plan amendment will reduce the amount of land in the City that has a High Density Residential land use designation; however, this amendment does not conflict with the goals, policies, or implementation measures contained in the Housing Element and the 2009 Vacant and Underutilized Land Map indicates that there is adequate land to accommodate the City's housing needs; and WHEREAS, this general plan amendment is consistent with General Plan Energy Suppliers goal EG -8 and policy EG8.1 and is consistent and compatible with the rest of the General Plan; and WHEREAS, in order to reflect the current Public land use of the Gobbi Street well site, the Commercial land use designation for a portion of the parcel identified as APN 003-582-04 on which the well is located will also be amended to Public as shown on Exhibit A and this is consistent with General Plan Goal CF -1 to maintain a safe and adequate water system to meet the needs of existing and projected development; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Environmental Study and proposed Mitigated Negative Declaration have been prepared and circulated for public review from November 20, 2009 through December 10, 2009; and WHEREAS, the Initial Environmental Study and proposed Mitigated Negative Declaration concluded that environmental impacts identified as potentially significant could be reduced to a less than significant level with the inclusion of the mitigation measures identified in the Initial Environmental Study and the project proponent has agreed to these mitigation measures; and Resolution No. Approval of a General Plan Amendment Orchard Avenue Substation 1 WHEREAS, the Planning Commission held a public hearing on the proposed project on December 10, 2009, after giving notice of said hearing, in the manner, for the period, and in the form required by the Ukiah Municipal Code, to consider the Initial Environmental Study and Mitigated Negative Declaration and General Plan Amendment and after receiving testimony, considering the staff report, and due deliberation, the Planning Commission formulated a unanimous recommendation to the City Council to adopt the Mitigated Negative Declaration with revisions and approve the General Plan Amendment; and WHEREAS, the City Council held a public hearing on the proposed project on February 3, 2010, after giving notice of said hearing, in the manner, for the period, and in the form required by the Ukiah Municipal Code, and received testimony, considered the staff report, and deliberated on this general plan amendment; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. This general plan amendment is deemed to be in the public interest in that the amendment will allow for the construction of a new electric substation that will maintain firm and reliable electrical capacity and provide additional electrical capacity for the City of Ukiah, its residents, and businesses and will change the land use designation of the Gobbi Street well site to reflect the existing Public use of the site. 2. This general plan amendment is consistent with the rest of the General Plan including the Energy Supplier goal and policy and there are no General Plan implementation programs that will be affected this amendment. 3. Potential impacts related to this general plan amendment were identified and analyzed in the Initial Environmental Study and Mitigated Declaration and staff report and with the inclusion of mitigation measures and conditions of approval that have been agreed to by the project proponent it has been determined that this general plan amendment would not be detrimental to the public health, safety, or welfare. 4. This general plan amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act. 5. This amendment is effective upon completion of the lot line adjustments proposed in Boundary Line Adjustment Application No. 09-07-BLA. PASSED AND ADOPTED this day of February 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Resolution No. Approval of a General Plan Amendment Orchard Avenue Substation 2 Phillip Baldwin, Mayor ATTEST: Joanne Currie, City Clerk Resolution No. Approval of a General Plan Amendment Orchard Avenue Substation Atta chment # 3 Is] N xz�,W* AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA REZONING ASSESSOR PARCEL NUMBERS 003-582-28,003-582-29, AND 003-582-30 FROM PLANNED DEVELOPMENT (PD) ZONING DISTRICT TO THE PUBLIC FACILITIES (PF) ZONING DISTRICT AND A PORTION OF ASSESSOR PARCEL NUMBERS 003-582-04,003-582-08, 003-582-33,003-582-34,003-181-34, AND 003-181-35 FROM THE COMMERICAL (C) ZONING DISITRCT TO THE PUBLIC FACILITIES (PF) ZONING DISTRICT WHEREAS, the Planning Commission held a noticed public hearing on December 10, 2009, after giving notice of said hearing, in the manner, for the period, and in the form required by the Ukiah Municipal Code, to consider the Initial Environmental Study and Mitigated Negative Declaration and Rezoning and after receiving testimony, considering the staff report, and due deliberation, the Planning Commission formulated a unanimous recommendation to the City Council to adopt the Mitigated Negative Declaration with revisions and approve the Rezoning; WHEREAS, the requirements of the California Environmental Quality Act (CEQA) have been satisfied with the preparation of an Initial Environmental Study and a Mitigated Negative Declaration that addresses the specific impacts of the project, including the rezoning; and WHEREAS, the City Council held a public hearing on the proposed project on February 3, 2010, after giving notice of said hearing, in the manner, for the period, and in the form required by the Ukiah Municipal Code, and received testimony, considered the staff report, and deliberated on the rezoning; and The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Ukiah Municipal Code Section 9265, the Official Zoning Map for the City of Ukiah is amended to change the zoning of Assessor Parcel Numbers 003-582-28, 003-582-29, and 003-582-30 from the Planned Development (PD) zoning district to the Public Facilities (PF) zoning district and to change a portion of Assessor Parcel Numbers 003-582-04, 003-582-08, 003-582-33, 003-582-34, 003-181-34, and 003-181-35 from the Community Commercial (Cl) zoning district to the Public Facilities (PF) zoning district as shown in Exhibit A. This rezoning action and amendment of the official Zoning Map of the City of Ukiah is necessary to establish a consistent zoning classification of Public Facilities (PF) over all of Assessor Parcel Numbers 003-582-28, 003-582-29, and 003-582-30 and portions of Assessor Parcel Numbers 003-582-08, 003-582-33, 003-582-34, 003-181-34, and 003-181-35 in order to allow the City of Ukiah Electric Department to construct a new electric substation and to establish a consistent zoning classification of Public Facilities (PF) over a portion of Assessor Parcel Number 003-582-04 that will reflect the public utility use of the City of Ukiah East Gobbi Street well site as shown in Exhibit A. Ordinance No. Approval of a Rezoning Orchard Avenue Substation SECTION THREE The City of Ukiah, in accordance with the California Environmental Quality Act, has conducted an evaluation of the potential impacts of this project on the environment and determined that the potentially significant adverse effects the project will cause will be reduced to levels that are not significant by the adoption of the mitigation measures and the mitigation monitoring program included in the Initial Environmental Study, and that a Mitigated Negative Declaration is appropriate for the project. This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective upon completion of the lot line adjustments proposed in Boundary Line Adjustment Application No. 09-07-BLA. SECTION FIVE This ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah. This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on February 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Baldwin, Mayor ATTEST: Joanne Currie, City Clerk Ordinance No. Approval of a Rezoning Orchard Avenue Substation 2 0 ilhrne nt # REVISED MITIGATED NEGATIVE DECLARATION/ INITIAL ENVIRONMENTAL STUDY City of Ukiah Orchard Avenue Electrica-' Substation , , . ,.. ., Project ,o,. Project Title: Project File Nos: Lead Agency Name and Address: Project Location: Assessor's Parcel Numbers: Project Sponsor's Name and Address: General Plan Designation(s): Zoning: Contact Person: MFUM-117--m Date Prepared: PROJECT DESCRIPTION City of Ukiah Orchard Avenue Electrical Substation Project+ 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07- BLA-CE City of Ukiah 300 Seminary Avenue Ukiah, California 95482-5400 West side of Orchard Avenue approximately 165 feet south of the corner of East Gobbi Street and Orchard Avenue 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582- 33; 003-582-34; 003-181-34; and 003-181-35 City of Ukiah Electric Utility Department 300 Seminary Avenue Ukiah, California, 95482-5400 Commercial / High Density Residential Community Commercial (Cl) / Planned Development (PD) Kim Jordan, Senior Planner, City of Ukiah 707-463-6207 or kjordan@cityofukiah.com November 18, 2009 November 20 through December 10, 2009 Background: The City of Ukiah Electric Utility Department owns and operates electric distribution facilities which serve the City of Ukiah. The Department currently operates an electrical substation at the southeast corner of East Gobbi Street and Orchard Avenue which is nearing capacity. As described in more detail below, the Electric Utility Department is seeking to upgrade the existing facility with a larger substation on an adjacent property. Existing Conditions: The project site is located on the southwest corner of East Gobbi Street and Orchard Avenue (See Figure 1: Project Site Vicinity Map included in the figures at the end of this document). The project site consists of 9 existing parcels. The project site is vacant with the exception of one single family residence located proximate to the south property line of the project site, a municipal well and well building located proximate to the west property line, and a hooped structure used seasonally as part of the sale of Christmas trees (See Figures 2A and 2B, Site Photos included in the figures at the Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION end of this document). The site also includes 14 trees and is covered with grasses and some graveled areas. Access to the site is provided via driveways on East Gobbi Street and Orchard Avenue. Existing and Surrounding Land Uses: An office building and multifamily residential (Autumn Leaves) uses are located to the west of the project site. To the north of the project site on Orchard Avenue are a vacant single-family residence on property zoned Neighborhood Commercial (CN), single-family residences, residences some of which have been converted to office and other light commercial uses, a restaurant and motel. To the north of the project site on East Gobbi Street is a mobilehome park, office and commercial uses. To the south of the project site are single-family homes and a church. To the east of the project site is the existing electrical substation and single-family residences. Orchard Avenue Substation Project Description In order to maintain firm electrical capacity for the City, the City needs to add transformer capacity before the system electrical demand reaches 37 Megavolt Amperes (MVA), which is estimated to be during the 2010 summer peak. An evaluation of the alternatives determined that the most feasible option to increase the transformer capacity is the replacement of the existing Gobbi substation with a new facility, Orchard Avenue Substation, with the added capacity which would be located approximately 165 feet south of the corner of the Orchard Avenue and East Gobbi Street (See Figure 3: General Arrangement with Existing Gobbi Street Substation included in the figures at the end of this document). Existing facility The existing facility will remain as a Public Facility, operated by the Ukiah Electric Utility Department. The existing facility will no longer serve the electrical load for the City when the new facility is completed. The two transformers currently in the substation will be relocated to the new facility. The existing transmission line on the east side of the site will remain and the line extended to the west to service the new facility (See Figure 3: General Arrangement with Existing Gobbi Street Substation). The existing communications/control enclosure will remain in service. The remaining electrical equipment located in the facility, including circuit breakers, switches, insulators, bus, and steel support structures, will be removed from the site and surplused, recycled or sent to a disposal site if the items cannot be surplused or recycled. The below grade facilities, including foundations, conduits and cables, and vaults will remain in place. The existing fence will also remain. New Facility The new facility will include three components: an electrical substation, an extension to a transmission line, and an underground electrical distribution ductbank. The general arrangement of the equipment is provided below (See Figure 4: General Arrangement of Orchard Avenue Substation included in the figures at the end of this document). Electrical Substation: Construction of a new 115-12 kilovolt (kV) distribution substation enclosed within a fenced yard of 218 feet by 212 feet. The substation would include the following major equipment: ® Three 20/26.6/33.3/37 MVA transformers ® Three 115 -kV circuit switchers ® Four 115 -kV circuit breakers ® 115 -kV steel termination and switch structures about 46 feet in height ® Equipment support structures, switches, insulators, electrical bus with an approximate height of 29 feet ® Prefabricated control building. The control building would house the 12 -kV switchgear, protective relaying, DC battery system and communication equipment. The 12 -kV switchgear will consist of three 2000Ampere (A) main buses, three 2000A main breakers, two 200A bus tie breakers, and twelve 1200A feeder breakers. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 2 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Other components of the facility are: ® Two pad -mounted distribution transformers located adjacent to the building providing station auxiliary power ® The substation will be enclosed by a ten foot high concrete masonry block (CMU) wall providing for security, public safety per the requirements of the National Electrical Safety Code (NESC), and visual screening, with three 20 foot access gates and a man -gate opening onto Orchard Avenue (See Figure 5A: Orchard Avenue Project Frontage Rendering included in the figures at the end of this document). The gates will provide access for substation maintenance personnel and vehicle access to equipment. ® The substation yard will be covered with a 6 inch layer of gravel. ® The substation will include an oil containment system for the oil -filled power transformers as part of the Spill Containment, Control and Countermeasure Plan for the facility required by state and federal regulations. ® Underground distribution vaults. Overhead Transmission Line: Construction of a 300 foot extension to the west of the existing 115 - kV transmission line on the site of the existing electrical substation. The line will include two single steel pole structures. The structures will be designed to include a future circuit. No distribution under built is planned for the transmission line structures. The estimated height of the structures would be 70 feet. Underground Distribution Circuits: Construction of 12 -kV underground distribution circuits in the vicinity of New Orchard Street Substation to interconnect with existing distribution circuits. The underground distribution work will consist of concrete encased ductbanks and manholes located in the public Right of Way. The project requires approval of the following entitlements from the City Ukiah: GENERAL PLAN AMENDMENT The project requires City Council approval of a General Plan Amendment as described below: The portion of the project site that would be developed with the electrical substation and associated improvements has general plan land use designations of Commercial (C) and High Density Residential (HDR) (See Figure 6: Existing General Plan and Zoning Designations included in the figures at the end of this document). Since a public utility facility is not an allowed use on property with a Commercial or High Density Residential land use designation, these land use designations would be amended to Public (P). The property that would be amended to Public would be comprised of 1.26 aces and is identified as Parcel 1 on the Boundary Line Adjustment Exhibit (See Figure 7: Proposed General Plan and Zoning Designations include in the figures at the end of this document and Figure 8: Boundary Line Adjustment Exhibit). There is currently a municipal well and associated building and site improvements being developed in the northwest corner of the project site. This portion of the site has a land use designation of Commercial (C) that would be amended to Public (P) as part of this project since the well and associated improvements are public water facilities. The property that would be amended to Public would be 0.10 acre and is identified as Parcel 3 on the Boundary Line Adjustment Exhibit (See Figure 7 and Figure 8: Boundary Line Adjustment Exhibit). The development of the well was previously reviewed and approved by the City as an emergency project and is not part of this project. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 3 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION The remainder of the project site would be 0.9 acre. This property would retain the existing Commercial land use designation and is identified as Parcel 2 on the Boundary Line Adjustment Exhibit (See Figure 8: Boundary Line Adjustment Exhibit). No development of this area is included as part of this project. REZONING The project requires City Council approval of a Rezoning as described below: The portion of the project site that would be developed with the electrical substation is zoned Community Commercial (Cl) and Planned Development (PD) and is identified as Parcel 1 on the Boundary Line Adjustment Exhibit (See Figure 6 and Figure 8). Since public utility facilities are not allowed or permitted uses in the C1 or PD zoning districts, a rezoning is required. All of the property zoned PD would be rezoned to Public Facilities (PF) and a portion of the property zoned C1 would be rezoned to Public Facilities (PF) (See Figure 7 — Proposed General Plan and Zoning Designations). There is currently a municipal well being developed in the northwest corner of the project site. This portion of the site is zoned Community Commercial and would be rezoned to Public Facilities as part of this project since the well and associated improvements are public water facilities. The property that would be rezoned to Public Facilities would be 0.10 acre and is identified as Parcel 3 on the Boundary Line Adjustment Exhibit (See Figure 8). The development of the well was previously reviewed and approved by the City as an emergency project and is not part of this project. The remainder of the project site would be 0.9 acre. This property would retain the existing Community Commercial zoning designation and is identified as Parcel 2 on the Boundary Line Adjustment Exhibit (See Figure 7 and Figure 8). No development of this area is included as part of this project. SITE DEVELOPMENT PERMIT The substation facility and associated site and frontage improvements require Planning Commission approval of a Major Site Development Permit. The Site Development Permit will be reviewed by Planning Commission as part of their review and recommendation to City Council on the General Plan Amendment and Rezoning described above. USE PERMIT The proposed 10 -foot concrete masonry (CMU) wall requires Planning Commission approval of a Use Permit. The zoning ordinance allows a maximum height for walls and fences of 6 feet. Additional height is allowed with approval of a Use Permit The wall would provide security, public safety, and screening for the facility and is shown on Figures 5A -5C included in the figures at the end of this document. The Use Permit will be reviewed by Planning Commission as part of their review and recommendation to City Council on the General Plan Amendment and Rezoning described above. BOUNDARY LINE ADJUSTMENT The project requires approval of a Boundary Line Adjustment by the City Engineer as described below: The project site is currently comprised of nine (9) parcels. In order to combine and reconfigure the existing parcels into three parcels, a Boundary Line Adjustment is required (See Figure 8: Proposed Boundary Line Adjustment Exhibit). The Boundary Line Adjustment would result in the following three parcels: Parcel 1 would be the proposed Electric Substation site and would consist of approximately 1.26 acres located on the west side of Orchard Avenue approximately 165 feet south of East Gobbi Street. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 4 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION ® Parcel 2 would be located on the southwest corner of East Gobbi Street and Orchard Avenue and would result in an approximate 0.90 acre vacant parcel. ® Parcel 3 would be located at the northwest corner of the project site, would be 0.10 acre, and would have dimensions of approximately 45 feet by 90 feet. This portion of the site is currently being developed with a municipal well and pumping station. The development of the well has been previously reviewed and approved by the City and is not part of this project. The Boundary Line Adjustment would be reviewed by the City Engineer after City Council approval of the General Plan Amendment and Rezoning and Planning Commission approval of the Site Development Permit and Use Permit. Other Public Agencies With Approval Authority (e.g., permits, financing approval, or participation agreement): ® Mendocino Air Quality Management District (MCAQMD) ® Federal Aviation Administration (FAA) ® Regional Water Quality Control Board ® Ukiah Valley Sanitation District Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. ® Aesthetics ® Biological Resources ® Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services Utilities / Service Systems ❑ Agricultural Resources ® Cultural Resources ® Hydrology / Water Quality Noise ❑ Recreation ❑ Global Climate Change DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® Air Quality ® Geology / Soils ❑ Land Use / Planning ❑ Population / Housing ® Transportation / Traffic ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE N INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. A Notice of Intent to adopt a Negative Declaration will be prepared, distributed and posted for the public comment period of November 20th through December 10th, 2009. �: Kim Jordan Senior Planner Date Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 6 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PURPOSE OF THIS INITIAL STUDY This Initial Study has been prepared consistent with the California Environmental Quality Act (CEQA) (13 P.R.C. 21000-21178) and in adherence to CEQA Guidelines (14 C.C.R. 15000 — 15387) to determine if this project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this document, the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration. I. AESTHETICS Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and ❑ ❑ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character El N R ❑ or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ 0 ❑ ❑ views in the area? Discussion: a) The proposed new electric substation is located in an urbanized area of mixed land uses including commercial, single and multi -family residential land uses and the existing electric substation. The site is not located in an area designated as a scenic vista by the City of Ukiah or Mendocino County. b) The project site is not located in an area within view of a designated state scenic highway; therefore, the project will not have an impact on aesthetic resources located within a scenic highway. c) The site is currently developed with a small single-family residence that is in poor condition and setback from both East Gobbi Street and Orchard Avenue making it minimally visible. Due to the condition and setbacks of the residence from East Gobbi Street and Orchard Avenue, it does not contribute to the character of the site or its surroundings (See Figure 2A: Site Photo Looking Southwest). See also Section 4: Biological Resources for a discussion of on-site trees. Vegetation on the site includes 14 trees with a trunk diameter of 3 -inches or greater and grasses. Development of the substation requires removal of all 14 trees. The applicant has retained an arborist (Mr. John Phillips, Registered Consulting Arborist #253) who has conducted a site visit and examined the 14 existing trees (6 fruit trees, four poplars, and one each of English walnut, juniper, coast redwood, and black walnut) located on the project site and has produced a letter report dated March 29, 2009 that includes a tree map and a table that identifies the species, size, and condition of each tree (See Appendix C, Arborist Report). The report indicates that eight (8) of the fourteen trees have poor structure (stability is at risk now); four (4) trees have fair structure (could be a problem later in life). The report also indicates that all of the trees, except one peach tree, are in medium (less than good, but not a threat at this time) to high (good vitality) health. The report does not include recommendations regarding the proposed removal of these trees. One tree on the site, a 5 -foot diameter coast redwood, is visible from Orchard Avenue and East Gobbi Street and helps to define the visual character of the site (See Figures 2A and 213: Site Photos). This tree is located in the center of the substation site (Parcel 1) and requires removal in order to construct the substation. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 17 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION The proposed electric substation project includes a proposed 10 -foot tall concrete masonry block (CMU) wall to surround the electric substation facility for security purposes and to screen the electric components of the facility from view. The east facing wall will include three (3) 20 -foot wide vehicular access gates and one man -gate. All four security gates will be made of aluminum and have vertical round -shaped bars spaced close together. Drought -tolerant landscaping including street trees is proposed for the street frontage along Orchard Avenue. A conceptual landscape plan will be prepared in the future as a part of the Site Development Permit and Use Permit required for the project. Ukiah City Code Section 5425 requires street trees to be planted as part of development projects. This requirement applies to this project. The street trees are required to be included as part of the landscaping plan submitted as part of the Site Development Permit and Use Permit required for this project. Zoning Ordinance Section 9170.7 (C) requires landscaping to be provided for development projects that require discretionary review. This requirement applies to this project. The landscaping plan is subject to Planning Commission review and approval as part of the Site Development Permit and Use Permit for this project. The removal of the onsite trees may have a significant impact on the visual character of the site. However, the required landscaping plan, which includes street trees along Orchard Avenue and landscaping between the Orchard Avenue property line and the wall that will enclose the substation, would reduce this impact to a less than significant level. This has been included as mitigation measure #1 below. The construction of the substation may have a significant impact on the visual character of the site and its surroundings. However, the 10 -foot tall masonry wall that would enclose the facility will screen most of the control building and much of the ground level equipment from view. Using a natural/earth-tone color for the wall and control building, rather than the more typical grey color, would also reduce the visual impacts of the facility since these colors can be coordinated and made compatible with the landscaping plan. This has been included as mitigation measure #2 below. The project would have a less than significant impact on the visual character of the site and its surroundings based on the following: 1) the area already includes the existing Gobbi Street substation site 2) the substation would be setback approximately 170 feet from East Gobbi Street 3) the most visible portion of the site, the southwest corner of East Gobbi Street and Orchard Avenue, will remain vacant and available for commercial development and once developed would screen part of the substation from view 4) the landscaping plan, including street trees, will provide new trees to replace the trees that are required to be removed as part of the project, these new trees will help to screen the project and 5) the proposed 10 -foot wall that will enclose the facility will screen the control building and ground level substation equipment from view. The Boundary Line Adjustment included as part of this project would reconfigure the existing parcel lines to create vacant Parcel 2. Development of Parcel 2 is not part of this project and would require separate environmental review as part of an application for development of the parcel. d) Lighting for the proposed facility will be provided to illuminate the site for any required night-time repair or servicing of the facility. Project site lighting shall be required to be shrouded to direct light downward such that the light illuminates only the areas required for repair or service during nighttime hours and to screen the light source from off-site areas. The proposed lighting will be equipped with motion -sensors such that the lighting will be off except during situations where repair or service of the facility is required during night- time hours. A lighting plan, including the details for the light fixtures, is required to be provided as part of the Site Development Permit and Use Permit for this project. This has been included as mitigation measure #3 below. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 8 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Potential Impacts: The removal of the existing redwood tree may have some impact on the visual character of the site. The project will produce a new source of light due to the installation of lighting fixtures to illuminate the site during night-time repair or servicing of the facility. Mitigation Measures: 1. A landscaping plan shall be prepared for the project. The landscaping plan shall include street trees along Orchard Avenue and is subject to Planning Commission review and approval as part of the Site Development Permit and Use Permit required for the project. 2. A 10 -foot tall masonry wall shall enclose the facility as shown on the plans. The masonry wall shall be a natural/earth-tone color. The color for the wall shall be included as part of the landscaping plan for the project. 3. A lighting plan is required to be submitted for review and approval of the Planning Commission as part of the Site Development Permit and Use Permit applications. Lighting fixtures shall meet the International Dark Sky Association standards and cutsheets shall be provided as part of Site Development Permit and Use Permit applications. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will result in less than significant impacts related to light and glare. 2. AGRICULTURAL RESOURCES Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the E 0 Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or F El N a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result ❑ El 0 in conversion of Farmland, to non-agricultural use? Discussion: a) The subject property is not prime farmland, unique farmland or farmland of statewide importance. The project site is not shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 9 INITIAL STUDY/ (MITIGATED NEGATIVE DECLARATION b) The project site does not have a Williamson Act Contract. c) The project site is developed with one single-family residence. The remainder of the site is undeveloped. Vegetation on the site is comprised of 14 trees with a diameter of 3 -inches or greater and grasses. The project site is surrounded by existing single and multi -family dwelling units, commercial development, and the existing electric substation facility. The area was at one time used for agricultural purposes, but agricultural activities ceased in the project area prior to 1957. The project site is not zoned or planned for agricultural uses in the City of Ukiah General Plan. a -c) Based on the above, the project would have no impact on agricultural resources. Potential Impacts: None. Mitigation Measures: None required Impact Significance After Mitigation: N.A. 3. AIR (QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Potentially Less Than Less Than Significant Significant Significant No Impact With Mitigation Impact Impact Would the project: p Incorporated p a) Conflict with or obstruct implementation of the ❑ ❑ R applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ® ❑ ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality ❑ ® ❑ ❑ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ® ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ E substantial number of people? Discussion: a —c) The City of Ukiah is situated in the flat and narrow Ukiah Valley and the presence of the mountains on both the west and east sides of the valley tends to restrict the horizontal east -west movement of pollutants. While the potential for air pollution is high in the Ukiah Valley, measurements provided by the Mendocino County Air Quality Management District (MCAQMD) indicate that actual pollutant levels are relatively low due to the lack of upwind sources and the relatively low level of development in the local air basin. The staff of Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 10 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION the Mendocino County Air Quality Management District (MCAQMD) operates a monitoring site in Ukiah for particulate matter (PM -10) and a multi -pollutant monitoring site in Ukiah for gaseous pollutants, which measures ozone, carbon monoxide, nitrogen dioxide and sulfur dioxide. A brief discussion of the potential impacts of these materials follows. PM -10: Sources of PM -10 include field burning, dust from unpaved roads and grading operations, combustion, and automobiles. Fifty-four of the fifty-eight counties in California exceed the permitted 24-hour concentration and are designated non -attainment for PM -10 by the State Air Resources Board (ARB), although the ARB does not require Attainment Plans for jurisdictions with PM -10 standard violations. Air quality in Ukiah meets all Federal and State air quality standards with the exception of the State 24-hour PM -10 standard. The Mendocino County Air Quality Management District (MCAQMD) routinely recommends and the City adopts mitigation measures to control fugitive dust. The construction activities associated with the project development are expected to generate typical short- term air quality impacts (PM-10/dust) as a result of site preparation and grading activities during the construction phases. The primary odor/dust/emissions receptors of concern are the occupants of the residences and businesses located in the immediate vicinity of the project site. The proposed project will result in short-term impacts associated with construction activities, including grading and excavation activities. The City distributed Project Review Committee Referral materials to various agencies for review and comment subsequent to their Project Review Committee meeting on March 19, 2009. A letter dated February 10, 2009 was received by the City from the Mendocino County Air Quality Management District indicating that: "The District has determined there would be no air quality impacts from this project beyond dust control during the construction phase." Therefore standard mitigation measures for construction activities have been included for this project. In addition, construction projects that exceed one (1) acre in size require a permit from the MCAQMD to ensure compliance with air quality standards. Based on the size of the substation site, 1.26 acres, this requirement would apply to construction of this project. The MCAQMD, through their permit process, will apply any necessary measures to the project to ensure compliance with air quality standards. A Phase I Environmental Site Assessment was prepared for the project by EBA Engineering, April, 2008. Section 5.5 on page 13 of the document includes a discussion of the residential structure located at 5 Robinson Lane as follows: "Based on the age and construction type of the house located at 5 Robinson Lane it is suspected that lead based paint and asbestos containing materials may be present in the structures. If in the future this building is to be remodeled or demolished, it should be assessed for the presence of these materials by a qualified professional." This structure is planned for demolition and removal from the project site. Prior to demolition of this existing structure, review by the Mendocino County Air Quality Management District (MCAQMD) is required as an Air Quality Permit will need to be secured for the demolition of the structure. The structure shall be assessed by a qualified professional (A Certified Asbestos Building Inspector) for the potential presence of lead based paint and asbestos prior to submittal of an application for an Air Quality Permit to the MCAQMD. This assessment will be a part of the Demolition Permit required for the project and will therefore be a part of the permitting process for this project. d) During the construction phase of the project, heavy equipment will be used for grading, excavation and for installation of backfill materials, construction of perimeter walls and other activities discussed in the project description. These activities could expose sensitive receptors such as Day Care facilities, Hospitals, Schools, Assisted Care Facilities and other similar types of facilities sensitive to dust and exhaust emissions. The mitigation measures discussed in item a -c above to address construction related air quality impacts will reduce impacts to sensitive receptors in the project area to a less than significant level. Due to the nature of the project, there will be no impact to sensitive receptors due to exposure to substantial pollutant concentrations as a result of operation of the substation facility. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 11 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION e) The operation of the project would not result in objectionable odors. Objectionable odors are not typically associated with the operation of electrical substations and no objectionable odors are known to be associated with the existing substation. The construction of the project would not result in objectionable odors. Construction of the facility would utilize common construction practices that are not known to create objectionable odors. Therefore, no impact related to objectionable odors affecting substantial numbers of people would result from the operation or construction of this project. Potential Impacts: Short-term temporary impacts related to fugitive dust during the construction phase. Potential impacts associated with the planned demolition of the structure located at 5 Robinson Lane as this structure may contain lead based paint and asbestos materials. Mitigation Measures: 1. Construction activities shall be conducted with adequate dust suppression methods, including watering during grading and construction activities to limit the generation of fugitive dust or other methods approved by the Mendocino County Air Quality Management District. Prior to initiating soil removing activities for construction purposes, the applicant shall pre -wet affected areas with at least 0.5 gallons of water per square yard of ground area to control dust. 2. The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of site preparation shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the Mendocino County Air Quality Management District. 3. During construction activities, the applicant/owner/contractor shall remove daily accumulation of mud and dirt on paved access lanes that serve the project site. 4. Any stationary on-site internal combustion engines over 50 horsepower (i.e. generators) may require a permit from the MCAQMD depending upon fuel source and level of operation. It is the responsibility of the City to contact the District regarding this matter and to secure any required permits prior to site preparation and construction activities. 5. All grading activities must comply with MCAQMD Regulation 1 Rule 430 regarding fugitive dust emissions. 6. The demolition of the residence requires application for and approval of a demolition permit from the City of Ukiah Community Development Department. An air quality permit from the Mendocino County Air Quality Management District is required to be submitted as part of the materials submitted for the demolition permit. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will not have a significant effect due to causing or substantially contributing to an existing or projected violation of State PM -10 standards or air -borne soil erosion. The project as mitigated will have a less than significant effect on air quality associated with the release of lead based paint or asbestos associated with the demolition of the structure located at 5 Robinson Lane. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 12 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 4. BIOLOGICAL RESOURCES Potentially Less Than Less Than Significant Significant With Mitigation Significant No Would the project: Impact Incorporated Impact Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status ❑ ❑ ® ❑ species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or ❑ ❑ ❑ regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, El ❑ ❑ marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory ❑ ® ❑ ❑ wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ El ❑ Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: a) A query of the California Natural Diversity Data Base was conducted for the Ukiah 7.5 -minute USGS quadrangle. This query resulted in a list of special status plants and animals within the Ukiah quadrangle. The foothill yellow -legged frog and the Western Pond Turtle were identified as "Species of Special Concern" by the California Department of Fish and Game. Federal status of these species is indicated as "none." Both of these species are associated with wetland, stream, creek, pond and river habitats. Since the project site does not include any of these types of wetland habitats, there will be no impact to these species as a result of project implementation. Plant species listed in the query included Burke's Goldfields and Baker's Meadowfoam. Burke's Goldfields habitat is described in a U.S. Fish and Wildlife Sacramento Office Species Account. Distribution of this species is described as: "This vernal pool species is known only from southern portions of Lake and Mendocino Counties and from northeastern Sonoma County." One site has been identified in Mendocino County but the occurrence in Mendocino County is "most likely extirpated" which indicates that this occurrence is no longer in existence. The Baker's Meadowfoam is not known to exist outside of the Cotati Valley and is found primarily in the Laguna de Santa Rosa, Sonoma County in wet Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 13 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION meadows, swales and vernal pools. The Osprey, a bird of prey is also listed on the Audubon Society's "Watch List." Consultation with the Department of Fish and Game (DFG), Mendocino Office regarding the Osprey in relation to the project site was conducted and staff of the DFG indicated that the Osprey would tend to nest close to the Russian River and Lake Mendocino and that it would be "unlikely" that the Osprey would nest in trees on the project site. The site and immediate area are not known to include any species or habitat for these species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Therefore there will be a less than significant impact to these species as a result of project implementation (See also Section d, below). b) The Russian River is located approximately 4,500 feet to the east of the project site. Gibson Creek is located approximately 1,800 feet east of the site. The Phase I Environmental Site Assessment indicates that "Ground water in the area of the project site has been determined to be present at depths of 10 to 15 feet below ground surface and flows generally to the east towards the Russian River." The site does not include any drainage courses, streams, creeks, vernal pools or other riparian areas or riparian habitat. The site and area are not known to include any sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. c) No wetlands or riparian habitat were detected on-site and no wetland indicators were found to be present on site. d) The project site includes 14 trees with a trunk diameter of 3 -inches or greater. Of these trees, one or more may be suitable as habitat for migratory birds. A mitigation measure has been included that restricts the removal of the trees to the non -migratory season and that requires inspection of the trees by a qualified biologist for nests prior to removal of the trees if there is a need to remove the trees during nesting season. Since there are no water courses on the site, the project would not have an impact on migratory fish and as there is not habitat for other species would not have an impact on other migratory species. e) Other than trees and assorted grasses, the project site has no known biological resources. The City of Ukiah has the following policies related to tree preservation that may apply to this project: ® CITY OF UKIAH GENERAL PLAN - OPEN SPACE AND CONSERVATION General Plan Goal OC -24: Replace aging trees with new trees. Implementation Measure OC -24-1(a): Implement the program to replace aging trees giving preference to native species. General Plan Goal OC -25: Maintain and enhance the City's canopy of shade trees. Policy OC -25.1: Protect existing healthy mature trees to maintain shade and area attractiveness. Implementation Measure OC -25.1(a): During the short-term planning period, utilize the Land Development Code or enact an ordinance identifying important shade trees and providing for their long-term management and health. General Plan Goal OC -29: Maintain and enhance the "urban forests" which create a sense of urban space. Policy OC -29.1: The development review process shall incorporate measures to maintain and enhance the urban tree canopy. Implementation Measure OC -29.1(b): Review construction and landscaping site plans to ensure that healthy trees are not removed unnecessarily. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 14 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION ® CITY OF UKIAH COMMUNITY FOREST MANAGEMENT PLAN Goal 1 c: Protect existing trees, including heritage trees. ® CITY OF UKIAH TREE PROTECTION AND ENHANCEMENT POLICY o The City encourages the use of existing significant trees in the development of property. o New development must emphasize the protection of existing significant trees, incorporating them in the site planning and development process. o Planning Department staff will review proposed removal of significant trees or riparian vegetation together with possible alternatives and include recommendations in their report to Planning Commission. ® CITY OF UKIAH LANDSCAPING AND STREETSCAPE DESIGN GUIDELINES o Mature trees are to be protected during construction and integrated into the site development design whenever possible. o Existing landscaping, especially mature trees, should be incorporated into site and design whenever possible. o Protect healthy native and "exotic" specimen trees. The Ukiah City Code, including the Zoning Code, does not include any requirements to preserve onsite trees on property zoned Commercial, Manufacturing, or Public. As noted above, the City of Ukiah has several documents that include policies related to tree preservation. However, the City has not adopted an ordinance that requires the preservation of existing trees located on private property. The City has not defined "significant tree, "heritage" tree, "shade" tree or "urban forest." The only tree species specifically identified for preservation is the valley oak which is specifically identified for preservation in the Ukiah General Plan. There are no valley oaks on the project site. In order to construct the electric substation in the location proposed, 14 trees would be removed. An evaluation of the trees proposed to be removed as part of this project was prepared by John Phillips, certified arborist (See Appendix C). The following is a summary of the trees proposed to be removed ® Six (6) Fruit Trees (plum, pear, and peach). All of these trees were identified in the arborist report as having "poor" or "fair" structure. The size of these trees ranged from 2 inches to 8 inches in diameter. The fruit trees are not native. Due to the size, species, and structural integrity of these trees, the trees are not considered suitable for preservation. ® Four (4) Poplar Trees. The size of these trees ranged from 3 inches to 24 inches with all trees having multiple trunks. All of these trees were identified in the arborist report as having "poor" structure. Due to the structural integrity of these trees, they are not considered suitable for preservation. ® Two (2) Walnut Trees (one black walnut and one English walnut). The English walnut is identified as having "good" structure and "high" health with a diameter of 12 inches in the arborist report. The black walnut is identified in the arborist report and having "fair" structure and "high" health with a diameter of 12 inches. ® One (1) Juniper Tree. The juniper tree is identified as having "fair" structural integrity and "medium" health with a diameter of 10 inches. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 15 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION ® _One (1) Coast Redwood Tree. The coast redwood is identified as having "good" structure with breakage on the south side and "high" health with a diameter of 5 feet. The various goals, policies, and implementation measures related to tree preservation are somewhat contradictory and many of the important terms are undefined. In general the policies encourage the preservation of 1) healthy, mature trees when possible 2) shade trees and 3) heritage trees. "Significant" tree, "shade" tree and "heritage" tree have not been defined. None of the trees on the project site have been formally designated or identified as a "significant", "shade" or "heritage" tree. General Plan Goal OC -24 appears to contradict the policies that encourage preservation by encouraging the replacement of aging trees with new, native trees. The project would remove 14 trees. Of these trees, 12 are of "poor" or "fair" structure indicating that they should be removed now or in the future due to risks associated with stability. Of these 12 trees, 6 are fruit trees, 4 are poplar trees, one is a juniper and one is a black walnut. These trees would be unsuitable for preservation. Of the remaining two trees, the location makes them unsuitable for preservation. Preservation of these trees would require relocating the electrical substation to a different portion of the site. The most likely location would be the southwest corner of the intersection of East Gobbi Street and Orchard Avenue. The City does not have a policy or ordinance that requires trees that are removed to be replaced or that establishes a replacement ratio at which trees that are removed are to be replaced with new trees. As part of the Site Development Permit and Use Permit required for this project, Planning Commission will review and approve a landscaping plan. The Planning Commission could require the planting of trees to replace the trees removed. Based on the language in the polices that encourages rather than requires tree preservation, the General Plan policy to rep/ace aging trees with new trees, and the lack of an ordinance requiring preservation of existing trees, the project would have an less than significant impact related to polices and ordinances protecting biological resources. f) No Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan has been adopted for the project site. Potential Impacts: Due to removal of trees, the project may impact the native resident or migratory birds Mitigation Measures: If site preparation and tree removal includes the spring bird nesting season (February through July), a preconstruction survey shall be conducted by a qualified professional within two weeks prior to removing any trees. If active nests (with eggs or living young) are found, no activity shall be permitted that might disturb or remove the active nests until the young birds are able to leave the nest and forage on their own. Empty nests may be removed. If eggs or young are present, the nests shall be left until the young birds leave. Setback buffers for the nests will vary depending on the species affected and the location of the nest. Buffer zones shall be determined on a case by case basis in consultation with a California Department of Fish and Game biologist. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures and the type of project proposed (a public utility improvement), staff is able to conclude that the project, as mitigated, will not have a significant effect on native resident or migratory birds. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 16 INITIAL STUDY/ MITIGATED LEGATIVE DECLARATION 5. CULTURAL RESOURCES Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Cause a substantial adverse change in the significance of a historical resource as defined in ❑ ❑ ❑ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant ❑ ® ❑ ❑ to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic ❑ ❑ ❑ feature? d) Disturb any human remains, including those ❑ 0 El ❑ interred outside of formal cemeteries? Discussion: a) The site is developed with one single-family residence. Based on the records from the Mendocino County Assessor's Office (see Appendix D), construction of the residence began in 1962 and was completed in 1978 and the quality of construction is poor. Based on the completion date of 1978, the building is 31 years old. On December 31, 2009, a Historical Profile of the building was prepared by Judy Pruden (see Appendix H). This document indicated that the building was most likely built in the 1940s, making the building at least 60 years old. Based on this new information, the building meets the age criteria (45 years or older) established by the California Environmental Quality Act CEQA) and the age criteria (50 years or older) established by the City of Ukiah Municipal Code Section 3016 for potentially historical resources. CEQA Historical Significance Evaluation 1. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage. CEQA Guidelines Section 9506.5 Criteria A Based on the information included in the Phase I Environmental Site Assessment (see Appendix E) which identified the owners of the property, none of the owners are known to be associated with events that made a significant contribution to the broad patterns of California's history or cultural heritage and the site and building are not known to be associated with persons known to be important to the history of Ukiah or California. 2. Is associated with the lives of persons important in our past. CEQA Guidelines Section 9506.5 Criteria B The owners of the property identified in the Phase I ESA are not known to have been important in the past of the City, State, or Nation. The Historical Profile prepared by Judy Pruden identified the Robinson's as owners of the property for a period of time. Based on the information contained in the Historical Profile, the occupation of Frank Robinson was rancher/fruit grower. This was a common occupation in Mendocino County and Ukiah at the time and the profile does not indicate that there was anything unique in or significant regarding Robinson's contribution to the City, region, State or nation. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 17 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. CEQA Guidelines Section 1506.5 Criteria C The building is described in the Mendocino County property record as very poorly built, sags, and leans. Material is all old. The person that constructed the building is unknown. The Historical Profile prepared by Judy Pruden indicated that the building has the hallmarks of a "do it yourself" building, generally built by an owner from discounted or scrap lumber... These houses were built very cheaply and featured sagging roofs after a few years. The Historical Profile also states the house has no distinguishing architectural features and ...does not have historical or architectural significance. 4. Has yielded or may be likely to yield, information important in prehistory or history. CEQA Guidelines Section 1506.5 Criteria D The site is not identified in the City of Ukiah General Plan as an area having "high cultural sensitivity." The project was referred to the Native American Heritage Commission for comment and a list of the tribes in the project area. The project was referred to the tribes identified by the NAHC and only one comment was received in response to the referral. See additional discussion under #b below Ukiah Municipal Code Section 3016(D) Significance Evaluation 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind. ® The building is not included in the City of Ukiah's Architectural and Historical Resources Inventory Report 1984-1985. ® The Historical Profile indicates that there are several examples of this "do it yourself' type of building in the Ukiah area. ® See CEQA Historical Significance Evaluation # 3 above 2. Exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, or architectural history. The building is not included in the City of Ukiah's Architectural and Historical Resources Inventory Report 1984-1985. See CEQA Historical Significance Evaluation # 1 and 2 above 3. Is strongly identified with persons or events significant in local, state, or national history. ® See CEQA Historical Significance Evaluation # 1 and 2 above As required by Ukiah Municipal Code Section 3016, the Demolition Permit Review Committee (DPRC) reviewed the proposed demolition of the residence January 11, 2010. It was the decision of the DPRC that the building was not a historical resource based on the evaluation prepared by Judy Pruden dated December 31, 2009, since the structure was not associated with persons or events significant in local, state, or national history; there are several examples of this "do it yourself' type of building in the Ukiah area; the building has no distinguishing architectural features; the building has no historical or architectural significance to the City of Ukiah, the poor condition of the residence, the lack of architectural merit, and the lack of association with significant events or persons in local, state or national history. Based on the above, the project would have no impact on the significance of a historical resource as defined in section 15064.5 or as defined by City of Ukiah Municipal Code Section 3016 (D), the City's Demolition Ordinance. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 18 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION b) The site is not known to include any archeological resources. The project was referred to the California Historical Resources Information System's (CHRIS) Northwest Information Center (NWIC) for a records search related to historical and archeological resources that may be associated with the project site. The written response from NWIC stated "Review of this information indicates that the proposed project area contains no recorded Native American or historic -period archaeological resources." Pursuant to Government Code §65352.3, local governments must consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of protecting, and/or mitigating impacts to cultural places. The project was referred to the twelve Native American tribes in the area as identified by the NAHC. One written response was received from the Guidiville Indian Rancheria. The response states "At this time, the Guidiville Indian Rancheria does not have any potential or existing archeological or historical sites within or adjacent to the Project Area." The Guidiville Rancheria did request that if any artifacts were found during the excavation phase of the project the Guidiville Rancheria be notified immediately. This has been included as a mitigation measure for the project. No comments were received from the other Native American tribes on the list provided by the NAHC. The comments from NWIC indicated that there was a moderate possibility of identifying Native American sites and a moderate possibility of identifying historic -period archeological resources in the project area. The NWIC recommended further archival and field study. Since it is not likely that these resources will be discovered as a result of this project, the standard mitigation measure regarding discovery of these resources has been included. This will reduce any potential impact related to archeological resources to less than significant level. c) The project site is not known to include any unique paleontological resource or unique geologic feature. A geotechnical Investigation was prepared by Alan Kropp and Associated (see Appendix F). No unique paleontological or geological features were identified in the geotechnical report. As such, the project would have no impact on unique paleontological or unique geologic features. d) The site is not known to include any human remains. The project was referred to the California Historical Resources Information System's (CHRIS) Northwest Information Center (NWIC) for a records search related to historical and archeological resources that may be associated with the project site. The written response from NWIC stated "Review of this information indicates that the proposed project area contains no recorded Native American or historic -period archaeological resources." Pursuant to Government Code §65352.3, local governments must consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of protecting, and/or mitigating impacts to cultural places. The project was also referred to the twelve Native American tribes in the area as identified by the NAHC. One written response was received from the Guidiville Indian Rancheria. The response states "At this time, the Guidiville Indian Rancheria does not have any potential or existing archeological or historical sites within or adjacent to the Project Area." No comments were received from the other Native American tribes that were sent the request for consultation and project referral. Although the likelihood of encountering human remains, including Native American remains, on the project site is unlikely, due to the sensitive nature of this type of discovery, mitigation measures have been included to reduce any impact related to said discovery to less than significant. Potential Impacts: There could be potential impacts related to inadvertent discoveries of cultural resources, including human remains. Mitigation measures have been incorporated into the project to mitigate these potential impacts to less than significant levels. Mitigation Measures: 1. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and City Planning Department staff shall be notified immediately of the discovery. The applicant (City of Ukiah Electric Utility) shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 19 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION and, if deemed necessary, to develop a precise mitigation program prior to the continuation of any site work. 2. If artifacts are discovered during the excavation phase of the project, the Guidiville Indian Rancheria shall be notified immediately. 3. Pursuant to CEQA Guidelines Section 15064.5(e), in the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, (Health and Safety Code Section 7050.5) the following steps should be taken: 1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: A) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and B) If the coroner determines the remains to be Native American: 1) The coroner shall contact the Native American Heritage Commission within 24 hours. 2) The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3) The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or 2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. A) The Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant failed to make a recommendation within 24 hours after being notified by the commission. B) The descendant identified fails to make a recommendation; or C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures and the type of project proposed (a public utility improvement), staff is able to conclude that the project, as mitigated, will not have a significant effect upon cultural resources including historic and pre -historic resources or potential Native American burials. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 20 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 6. GEOLOGY AND SOILS Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or ❑ ❑ death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ® ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic -related ground failure, including ® E] El liquefaction? iv) Landslides? ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ® ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or ❑ ® ❑ ❑ off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ® ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? Discussion: A Geotechnical Investigation (See Appendix F:Geotechnical Investigation) was prepared for the project site by Alan Kropp & Associates of Berkeley, California in October of 2008. The purpose of the study was to evaluate the suitability of the site for the proposed improvements from a geotechnical engineering standpoint and to provide geotechnical design and construction criteria for the proposed electrical substation. A surface reconnaissance visit was performed on July 8, 2008 to make observations of the surface conditions present and to note whether any obvious geotechnical concerns were exposed. A subsurface exploration program was performed on July 14, 2008. Six borings were drilled at the site to depths that ranged between approximately 21Y2 and 51'/ feet at various locations on the project site (See Appendix F: Geotechnical Investigation). The California Building Code 2007, (CBC 2007) Chapter 18, Section 1802 requires compliance with the recommendations of Geotechnical Investigations and Reports, Soils Studies and Geology Reports. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 21 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION a.i) Based on the Geotechnical Investigation prepared by Alan Kropp & Associates of Berkeley, California in October 2008, the project site is located 1.3 miles from the Maacama fault and this fault is considered capable for producing a magnitude 7.1 earthquake. The site is not located within an Alquist-priolo Earthquake Fault Zone. Based on the geotechnical investigation there is a "strong probability that a moderate to severe earthquake will occur during the life of the proposed site improvements. However, the site is not mapped within a special studies zone for fault rupture and the likelihood of fault rupture directly below the proposed site improvements is remote. a.ii) During the life of the improvements, the site improvements are likely to experience strong ground shaking during a major earthquake. The recommendations included in the Geotechnical Investigation are presented in Section 7.04, Building Code Seismic Design Parameters. The Building Code requires the project comply with the requirements of Section 7.04. Plans and documentation submitted as part of the required building permit(s) for the project are required to demonstrate compliance with Section 7.04. a.iii) The Geotechnical Investigation included a preliminary liquefaction analysis. This preliminary analysis indicated that there is a risk of liquefaction in one sand layer in Boring 2 during a strong earthquake on the Maacama fault. This liquefaction may result in ground settlement of one (1) inch in this location. A memo from Alan Kropp and Associates dated August 21, 2009 (See Appendix F1) indicates that a ground settlement of up to one inch is acceptable as the substation support structures will include "flexible connections between the bus, the transformers and the breakers" and that "expansion bus connectors will be installed to allow for movement of the bus." Since this is a design measure to be incorporated into the project, no mitigation measures are required for potential ground settlement associated with potential liquefaction (See Alan Kropp and Associates memo, Appendix F.1). a.iv) Given the flat topography of the site and immediate area, the project would not expose people or structures to risks related to landslides. b) The Geotechnical Investigation recommendation 7.01.1: Clearing and Site Preparation states that the site should be cleared of all obstructions including the existing residence and its foundation, any trees, debris and underground utility lines and any resulting holes should be backfilled. This will result in the removal of some topsoil. However, substantial soil erosion and loss of substantial topsoil is would not result from this project. Grading activities associated with the project would loosen soils, exposing them to potential water and wind erosion. The project site will involve grading and earth disturbance on a site that is approximately 1.26 acres. A Storm Water Pollution Prevention Plan (SWPPP) will be required to be prepared for the project as the area of grading activity exceeds one acre and pursuant to the Construction General Permit 99-08 of the State Water Resources Control Board (SWRCB). Pursuant to Construction General Permit 99-08, a Notice of Intent (NOI) as associated with the SWPPP will be required to be filed with the SWRCB which includes projects within Mendocino County. The SWPPP will be required to be prepared for the project to identify site-specific Best Management Practices (BMP's) during the construction phase for control of erosion and potential loss of topsoil during grading and excavation activities. The SWPPP will also identify measures to control potential erosion and sedimentation related to materials stockpiles. An erosion control plan will be required to be prepared as a part of the SWPPP. Additionally, the City of Ukiah will require the preparation of an erosion control plan as part of the grading plan required for the project (See also Section 8 — Hydrology and Water Quality). Construction General Permit 99-08 of the SWRCB also requires a designated person for monitoring installed BMP's during storm events to ensure that the BMP's are appropriately secured and functional both during and after such storm events. With completion of construction and landscaping along Orchard Avenue, the potential erosion hazard on the project site would be minimal. After completion of the construction phase of the project, the sidewalks, access driveways, control building and equipment will be the only impervious surfaces on the site. The substation yard will be covered with a 6 -inch layer of gravel that will allow storm water to seep into the ground below the substation. In addition, Mitigation measures described in Section 3 (Air Quality), Section 6 (Geology and Soils) and Section 8 (Hydrology and Water Quality) would reduce potential erosion problems. c) The Geotechnical Investigation included a preliminary liquefaction analysis. This preliminary analysis indicated that there is a risk of liquefaction in one sand layer in Boring 2 during a strong earthquake on the Maacama fault. Please refer to Section 6.a.iii above and 6.d below for a detailed discussion of potentially unstable soil units and discussion of potential liquefaction on site. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 22 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION d) The Geotechnical Investigation prepared by Alan Kropp and Associates indicates that the project will be constructed on a site having soils characteristics of `low to moderate" expansion potential. The Geotechnical Investigation provides several alternative foundation methodologies that could be used in the design of the foundation structures for the facility that will mitigate potential impacts associated with expansive soils to less than significant levels (See Appendix F: Geotechnical Investigation, Section 6.03). e) There are no existing septic tanks or alternative water disposal systems on the site and the proposed project does not include any septic tanks or alternative wastewater disposal systems. Potential Impacts: There are potential impacts to the project related to existing fill materials, moderately expansive near -surface soils and earthquake hazards, including potentially liquefiable sand layers. Mitigation Measures: 1. Native topsoil that is excavated shall be segregated and stockpiled on site for re -use in landscaped areas after rough grading is complete. 2. Unsuitable excavated material shall be removed from the site and disposed of in a manner consistent with applicable disposal regulations and recommendations included in the Recommendations Section of the Geotechnical Investigation prepared by Alan Kropp & Associates, October 16, 2008. 3. All recommendations contained in the Alan Kropp & Associates Geotechnical Investigation Report, dated October 16, 2008 shall be incorporated into the project and/or implemented during all phases of site preparation and construction as appropriate. 4. A geotechnical engineer shall be required to be present during site grading, subgrade preparation, fill placement, foundation excavation and drainage installation in order to observe compliance with the design concepts, specifications, recommendations contained within the Geotechnical Investigation report and to allow for potential design changes in the event that subsurface conditions differ from those anticipated prior to the start of construction. 5. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared by the Project Contractor and Best Management Practices (BMP's) shall be specified for this project and implemented by the project contractor in accordance with the SWPPP pursuant to the Construction General Permit 99-08 of the State Water Resources Control Board (SWRCB). The SWPPP shall be reviewed and approved by the City of Ukiah Public Works Department and a Notice of Intent (NOI) shall be filed with the SWRCB. Pursuant to the Construction General Permit 99-08, the City and/or contractor shall designate a primary contact person who shall be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control measures to ensure that all BMP's are secured and functional both during and after such storm events. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures listed above, staff is able to conclude that the project as mitigated will not have a significant effect related to liquefaction or potentially unstable fill materials located on-site. The preparation of a SWPPP and implementation of BMP's will minimize potential impacts related to soil erosion and the loss of topsoil to less than significant levels. 7. HAZARDS & HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project: Impact Incorporated Impact Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 23 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 7. HAZARDS & HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Significant with Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ® ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset ❑ ® F� ❑ and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste ❑ ❑ within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ ® ❑ ❑ would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for ❑ ❑ ❑ people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ El emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? i) Expose people to a significant risk related to Electric ❑ and Magnetic Fields? Discussion: a) The proposed electric substation project will not result in the routine transport or disposal of hazardous materials. The fully enclosed transformer units to be installed for this project hold approximately 6,500 gallons of mineral oil per transformer unit. The total amount of mineral oil on-site will be approximately 19,500 gallons. The project has been reviewed by the City of Ukiah Fire Marshal who has issued a memo Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 24 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION dated February 15, 2009 indicating the following: "There has been discussion regarding the mineral oil used in the transformers and the temperature at which it will ignite." All of the Material Safety Data Sheets from manufacturers of this substance indicate that ignition temperature is above 99 degrees, therefore the oil is considered to be in the "combustible" fire hazard range, not in the "flammable" or the "Highly flammable" range. The transformer units are tightly sealed and the mineral oil is not "changed" at any regular interval. The mineral oil can last from 20 to 50 years without the need to change the oil. The transformer units are designed with built in devices and gauges for monitoring many different conditions within the transformer units and the condition of the mineral oil. The mineral oil would only need to be changed if there were a major malfunction in the system causing significant damage to a transformer, requiring major repairs. Weekly to bi-weekly maintenance checks on the facility include checking the transformer units and recording all data regarding the performance of the units and the condition of the mineral oil. Due to the quantity of mineral oil to be placed on-site and pursuant to 40 CFR 112 of the U.S. Environmental Protection Agency (EPA), a mitigation measure will be added to the project requiring the project contractor/engineer to prepare a Spill Prevention Control and Countermeasure Plan (SPCCP) that will be reviewed and approved by the City of Ukiah Public Works Department. As part of the SPCCP, absorbent materials will be stored onsite and all project -site employees will be properly trained to address any potential hazardous material spills in the event of an accidental release. In the event of leakage or a significant release of mineral oil, the project design includes underground vaults for each transformer unit that would contain the mineral oil and prevent the substance from entering into groundwater or escaping from the project site. The mitigation measure will apply to both the construction phase and operational phase of the project. Considering the long-term use of mineral oil on-site, there will be no routine transport or disposal of hazardous materials, however, there will be a significant amount of mineral oil on-site for a long period of time. Due to the nature of the mineral oil and the containment and monitoring of the substance, it is unlikely that there will be significant impacts associated with the use of mineral oil on-site for a lengthy period of time. With the implementation of the mitigation measure for a SPCCP for the construction and operational phase of the project, the potential for impacts related to foreseeable upset and accident conditions involving the release of hazardous materials into the environment is determined to be less than significant with incorporation of the mitigation measure for the SPCCP that will outline measures for potential accidental spill or release of mineral oil. An issue of concern is worker health and safety and public exposure to hazardous materials during construction. These hazards are typically related to construction -related fuel spills. The proposed project would not require long-term treatment, disposal, or transport of significant quantities of hazardous materials. Only relatively small quantities of petroleum hydrocarbons and their derivatives (e.g. gasoline, diesel fuels, oils, lubricants, and solvents) are required to operate the construction equipment would be stored, used, and handled during the construction phase of the project. These relatively small quantities associated with the construction are generally below reporting requirements for hazardous materials business plans. The Ukiah Municipal Airport Master Plan adopted by the City of Ukiah on July 3, 1996 includes Table 7A: Current Compatibility Criteria (See Figure 9 included in the attachments). Based on this table, properties located in a B2 compatibility zone are prohibited from storing "highly flammable materials." Footnote number 8 for Table 7A provides additional clarification with regard to the storage of this type of material and states "up to 2,000 gallons of fuel or flammables is allowed per parcel." Since the project site is located in the B2 compatibility zone, this requirement is applicable to the project. Implementation of the recommended mitigation measures for the preparation of a SWPPP (See also Section 6 — Geology and Soils and Section 8 Hydrology and Water Quality) and the preparation and implementation of a SPCCP will reduce potential impacts to less than significant levels. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 25 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION b) As discussed in Section 7.a above, the transformer units are tightly sealed and the project includes underground vaults in the event of leakage of the mineral oil contained within the transformer units. This type of project is regulated by the EPA and pursuant to 40 CFR 112; the EPA requires the preparation of a SPCCP to be prepared for the project. See Section 7.a above for discussion of the mitigation measure required for the preparation of a SPCCP for this project. The Phase I Environmental Site Assessment identified the structure located at 5 Robinson Lane as potentially containing asbestos or lead-based paint due to its age and construction type. Since this structure is proposed to be demolished as a part of the project, it should be assessed for the presence of these materials by a Certified Asbestos Building Inspector prior to demolition of the structure. Approval of a demolition permit from the Community Development and Planning Department is required for the removal of the existing residence. Prior to issuance of the demolition permit, the applicant is required to receive approval from the Mendocino County Air Quality Management District. This approval is intended to insure that there will not be impacts on air quality as a result of the demolition. c) There are no existing or planned schools within one-quarter mile of the project site. d) Based on the Phase 1 Environmental Site Assessment (See Appendix E) prepared for the project and staff research, the project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. e) The project is located within the land use plan for the Ukiah Municipal Airport. Since the project includes a General Plan Amendment to change the land use designation from High Density Residential and Commercial to Public, the project was required to be referred to the Mendocino County Airport Land Use Commission (ALUC). The acceptable and prohibited uses in the B2 zone do not specifically identify the type of facility proposed, an electric substation. The maximum structure height for the facility is 70 feet, which is not classified as an obstruction based on the CFR Sec 77.23. Additionally CFR Sec 77.13 limits the structure height based on the distance from the runway. Since this project is approximately 3,800 feet from the existing runway, maximum structure height is limited to 152 feet. The City distributed a copy of the Project Application to the Airport Land Use Commission (ALUC) for review and comment. An emailed response from Fred Tarr, ALUC Staff Planner indicated that it is their determination that the project is compatible with the Comprehensive Airport Land Use Plan (CALUP) in that the project will be unmanned and will have 70 -foot tall pole -structures that are not classified as an obstruction based on the CFR Section 77.23 Regulations. Mr. Tarr included some discussion of potential interference with aircraft communications and navigation related to electrical interference produced by electric and magnetic fields (EMF) and indicated that some members of the ALUC have mentioned that they have never experienced electrical interference or heard about anyone else experiencing electrical interference from the existing electrical substation located on the southeast corner of East Gobbi Street and Orchard Avenue. Mr. Tarr stated that members of the ALUC recommended that the City contact the Federal Aviation Administration (FAA) person who conducts the maintenance on the DME/localizer (the navaid most likely to be affected) in regards to potential impacts of electrical interference. Mr. Tarr concluded that: "However, since the proposed project is not directly under the flight path, there most likely would be no interference with communications or navigation." In response to Mr. Tarr's suggestion, City staff has been in contact with the FAA. On November 18, 2009 the FAA provided written comments that stated that a form 7460-1 is required to be filed prior to the installation of the project since such installations could cause problems with their systems and that Oakland Technical support be contacted prior to installation of the facility. Both of these have been included as mitigation measures for the project. f) The project is not located within the vicinity of a private airstrip. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 26 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION g) Based on discussions with Chuck Yates, City of Ukiah Marshal and Trent Taylor, City of Ukiah Administrative Police Captain, the project site is not located in an area for which there is an adopted emergency response plan or emergency evacuation plan. The project provides adequate access for emergency vehicles and emergency personnel in the event of an emergency. h) The project site is located in an urbanized area and is surrounded by single and multi -family development and commercial development and is not located in an area that is adjacent to wildlands or areas where residences are intermixed with wildlands. The project site is not located in an area designated as a Very High Fire Severity Zone (VHFSZ). Therefore, there will be no impact related to the exposure of people or structures to significant risks associated with wildland fires. i) Electric and Magnetic Fields (EMF) Please Note: This item is not required as part of the CEQA checklist. This item has been added by City staff in order to provide information on Electric and Magnetic Fields. In the context of CEQA and determination of environmental impact, there is no agreement among scientists that EMF creates a health risk and there are no defined or adopted CEQA or national standards for defining health risk from EMF. As a result no environmental impact has been identified related to EMF from the substation and this information is presented for the benefit of and to inform the public and decision makers. Electric and Magnetic Fields (EMF) from substation and transmission line facilities are not classified as a hazardous material. However, recognizing that there is a great deal of public interest and concern regarding potential health effects from exposure to electric and magnetic fields (EMFs) from power lines, this section provides summary information regarding EMF associated with electric utility facilities and the potential effects of the Proposed Project. After several decades of study regarding potential public health risks from exposure to power system EMF, research results remains inconclusive. Presently there are no applicable California regulations limiting the level of EMF from substations. Appendix A: Electric and Magnetic Fields from Electric Power Systems, attached to this document, provides a more extensive discussion of the subject of EMF. Following is a brief description of these phenomena, a characterization of the EMF from the project and how these levels compare to regulated limits in other states. Electric Fields Electric fields from power systems are created whenever the systems are energized, with the strength of the field dependent directly on the voltage creating it. Electric field strength is typically described in terms of kilovolts per meter (kWm). Electric field strength attenuates (reduces) rapidly as the distance from the source increases. Electric fields are reduced at many receptors because they are effectively shielded by most objects or materials such as trees or houses. Magnetic Fields Magnetic fields from power facilities are created whenever current flows through energized lines and busses at any voltage. The strength of the field is directly dependent on the current level. Magnetic field strength is typically measured in milliGauss (mG). Similar to electric fields, magnetic field strength attenuates rapidly with distance from the source. However, unlike electric fields, magnetic fields are not easily shielded by objects or materials. The nature of electric and magnetic fields can be illustrated by considering a household appliance. When the appliance is energized, by being plugged into an outlet but not turned on, no current flows through it. Under such circumstances, an electric field is generated around the cord and appliance, but no magnetic field is present. If the appliance is switched on, the electric field would still be present and a magnetic field would also be created. The electric field strength is directly related to the magnitude of the voltage from the outlet and the magnetic field strength is directly related to the magnitude of the current flowing in the cord and appliance. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 27 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Public Exposures EMF exposures within the community are widespread and cover a very broad range of field intensities and duration. In the developed areas of the community EMF is prevalent from the use of electronic appliances or equipment and existing electric distribution lines. In general, distribution lines exist throughout public portions of the community and represent a predominant source of exposure to power system EMF. EMF is also present in homes and buildings from the use of electricity for lighting and to operate appliances and equipment. Research on ambient magnetic fields in homes and buildings in several western states found average magnetic field levels within most rooms to be approximately 1 mG, while in a room with appliances present, the measured values ranged from 9 to 20 mG. In homes and buildings the strongest fields can be found immediately adjacent to appliances (within 12 inches), with electric field strengths ranging from 0.03 kV/m up to 0.13 kV/m and with magnetic field strengths ranging from 2 mG to 200 mG. Proposed Substation EMF In order to provide information related to EMF from the proposed substation, electric and magnetic field modeling was prepared. The details of this modeling are included in Appendix B: Electric and Magnetic Field Analysis. Electric and magnetic fields from power systems vary dramatically based upon the geometry of the source, the distance from the source and interaction of the fields with each other. This variance is illustrated by Figures 1 and 2 which show the strength of the field along a cross-section taken through the substation. Modeling results indicate the maximum electric field within the substation is less than 1 kV/meter and attenuates to approximately 0.4 kV/meter or less at the fence line. Modeling over the life of the facility indicates the maximum magnetic field within the substation would be approximately 260 milliGauss (mG) and attenuates to approximately 3 to 55 mG or less at the fence line. Summary Regarding EMF Although the U.S. EPA has conducted investigations into EMF related to power lines and health risks, no national standards have been established. Presently there are no standards limiting public exposure to EMFs from transmission lines or substation facilities in California. Several states have adopted limits for electric field strength within transmission line right-of-ways (ROW). For electric field the regulated limits vary from 12 kV/meter within the ROW to 1 to 3 kV/meter at the edge of the ROW. In the case of magnetic field limits it is noted that the regulated limits are not based upon any established link between scientific data and health risks. Florida and New York are the only states that currently limit the intensity of magnetic fields from transmission lines. For magnetic field the regulated limits vary from 150 mG to 250 mG at the edge of the ROW. In summary, the calculated electric and magnetic field strength at the fence line of the Orchard substation, over a 20 year planning horizon, are both significantly below any regulated limits imposed by other states. Potential Impacts: There is the potential for impacts related to spills of mineral oil and petroleum hydrocarbons and their derivatives (e.g. gasoline, diesel fuels, oils, lubricants and solvents). There is the potential for impacts to Airport operations due to possible Electric and Magnetic Fields (EMF) that may be generated by the project. Mitigation Measures: 1. The Project Contractor/Engineer will be required to prepare a Spill Prevention Control and Countermeasure Plan (SPCCP) to be reviewed and approved by the City of Ukiah Public Works Department. As part of the SPCCP, absorbent materials will be stored on-site and all project -site employees will be properly trained to address any potential hazardous material spills in the event of an accidental release. 2. Storage of fuels on-site during the construction phase of the project shall not exceed 2,000 gallons at any given time pursuant to the Ukiah Municipal Airport Master Plan Table 7A: Current Compatibility Criteria, Note number 8. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 28 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 3. The Contractor's vehicle and equipment cleaning, maintenance and fueling shall be staged and performed at the location designated by the City Public Works Director and pursuant to the SWPPP required to be prepared for this project. 4. During construction activities, construction equipment shall be maintained and kept in good operating conditions to reduce the likelihood of line breaks and leakage. 5. If contaminated soils are encountered during construction, proper storage and/or disposal of any contaminated soils that meet the definition of a hazardous waste shall be provided, and that such soils are removed for off-site treatment or disposal at an appropriate landfill. 6. Based on the age and construction type of the house located at 5 Robinson Lane it is suspected that lead based paint and asbestos containing materials may be present in the structure. This structure is proposed to be demolished and therefore shall be required to be assessed for the presence of these materials by a qualified professional (a Certified Asbestos Building Inspector). If these materials are found to be present, the requirements of the MCAQMD associated with the demolition of this structure shall be required, including any special permits of the MCAQMD. 7. Prior to issuance of a building permit, the applicant shall file form 7460-1 with the FAA and receive FAA approval for the proposed project. A copy of the completed 7460-1 form and FAA approval shall be submitted as part of the building permit application materials. 8. Prior to issuance of a building permit, the applicant shall contact FAA Oakland Technical Support and receive any required approvals for theproject. Written documentation of this contact and their approval shall be provided as part of the building permit application materials. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures referred to above, staff is able to conclude that the project, as mitigated, will not cause or substantially contribute to hazards or hazardous conditions on the site or the surrounding neighborhood and will therefore result in less than significant impacts due to hazards and hazardous materials. 8. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Violate any water quality standards or waste ❑ ® ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater ❑ ❑ ❑ table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on - or off-site? Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 29 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 8. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less Than No Significant Impact With Mitigation Significant Impact Impact Would the project: Incorporated d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ❑ increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ ❑ ® ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ® ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary ❑ ❑ ❑ or Flood Insurance Rate Map or other flood hazard delineation map? (Source: FEMA) h) Place within a 100 -year flood hazard area structures which would impede or redirect flood ❑ ❑ ❑ flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including E ❑ ❑ flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Discussion: a) Construction the proposed Electric Substation project will involve grading, excavation and installation of underground foundations and facilities to a maximum depth of approximately 5 feet. Approximately 1,500 cubic yards of material will be excavated and exported from the site and approximately 2,000 cubic yards of fill material, including gravel will be imported to the site for engineered fill material. Topsoil will be retained on-site and used for landscaping purposes. Due to the quantities of materials to be excavated and exported and materials to be imported and stockpiled on-site there is a potential for sediment to enter the City's storm drainage system and eventually, local creeks and the Russian River. Ukiah City Code requires an erosion control plan to be prepared as part of the grading plans for the project. The erosion control plan is subject to review and approval of City Public Works staff. Due to the size of the project site (more than one acre), the Regional Water Quality Control Board requires a Storm Water Pollution Prevention Plan to be prepared for the project. The implementation of the erosion control plan and the SWPPP will result in a less than significant impact to water quality and waste water discharge. A mitigation measure has been added to the project requiring the preparation of a SW PPP specifically for the project. b) The Electric Substation project will be an un -manned facility with one restroom. The facility will require water only for the landscaping and the restroom. The landscaping is required to be drought tolerant (low water usage). Most of the project site will be composed of pervious surfaces (gravel, landscaping, grass) that allow Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 30 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION for groundwater recharge. Therefore the project will not result in the depletion of groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level in the project area. c) The project site currently is developed with one single family residence that is proposed for demolition and removal from the site. The remaining area of the site consists of grass and graveled areas. Development of the site will change the existing drainage patterns on-site. There are no streams, rivers, or other drainages on the site or in the immediate area. There are existing storm drainage systems in Orchard Avenue to conduct any runoff from the site. Therefore, the project will not have an impact on the existing drainage pattern of the site or area. d -e) The proposed Electric Substation project includes a 29 foot wide by 67 foot long prefabricated control building consisting of approximately 1,943 Square feet. Other impervious structures within the facility include the transformers and various vertical poles and other equipment. The ground surface of the facility (Substation Yard) within the 10 -foot wall will be covered in a layer of 6 inches of gravel. The gravel layer will not be installed on any type of moisture barrier; the gravel will be installed on the graded earth surface of the facility. This will allow for some groundwater recharge during storm events. Other impervious surfaces will be the 1,943 square foot control building, curbs, gutters and sidewalks along the Orchard Avenue frontage and driveway accesses to the facility, and the transformer units. Therefore, storm water runoff will be minimal due to the relatively minor amount of new impervious surfaces. There has been some discussion of the installation of an infiltration gallery within the substation yard for disposal of storm water runoff from the control building. Storm water runoff from the control building would be conducted to the infiltration gallery for direct disposal of storm water runoff to underground areas to assist in groundwater re -charge. At this time the design and implementation of an infiltration gallery on-site is tentative and subject to change. This information is provided for discussion purposes only. Therefore, considering the minimal area of impervious surfaces and the graveled surface of the substation yard, landscaped areas along the Orchard Avenue street frontage, and the potential use of an infiltration gallery within the substation yard, there will be less than significant amounts of surface water runoff from the site. The substation project will not substantially increase the amount of surface runoff in a manner which would result in on- or off-site flooding. The project will result in less than significant impacts related to storm water runoff without the infiltration gallery, however, the use of an infiltration gallery may be deemed to be a desirable addition to the project by the City of Ukiah. As discussed above, the substation project, with or without the infiltration gallery, will not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. f) With the added mitigation measure for the creation of a SPCCP for control of any potential releases or spills of mineral oil or other potentially hazardous substances including petroleum hydrocarbons, the substation project will not result in substantial degradation of water quality. Measures contained in the SPCCP will be effective during the life of the project to prevent any potential impacts related to spills of potentially hazardous substances during the life of the project. g) There is no housing proposed as part of this project. h) The project site is located within Flood Zone C on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel #0601860001 E (Ukiah, California). Flood Zone C is defined as "Areas of Minimal Flooding." Therefore, the project site is not located within a 100 -year flood zone. i) The project will not place structures or housing within a 100 -year flood hazard area which would impede or redirect flood flows. There are no levees or dams within the project vicinity. Therefore, the project would not expose people or structures to a significant risk related to flooding. j) The project is not subject to potential impacts related to seiche, tsunami or mudflow due to the geography of the site in relation to bodies of water, the Pacific Ocean and topography. The City of Ukiah is located approximately 28 miles from the Pacific Ocean and is separated from the Pacific Ocean by mountain ranges. The topography within the Ukiah valley is relatively flat and the Geotechnical report did not identify any Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 31 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION potential for mudflows within the vicinity of the project site. Lake Mendocino is located approximately 3.4 miles to the north of the project site and is therefore not subject to potential impacts related to seiches. Potential Impacts: There is the potential for the project to generate minimal storm water runoff and the potential for spills or leakage of potentially hazardous materials from the site. Mitigation Measures: Please refer to Section 7 — Hazards and Hazardous Materials, mitigation measure number 1 for the language for the required preparation of a SPCCP for this project. 2. Please refer to Section 6 — Geology and Soils, mitigation measure number 5 for the language for the required preparation of a SWPPP for this project. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will minimize impacts related to hydrology and water quality to less than significant levels. 9. LAND USE AND PLANNING Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project: Impact Incorporated impact a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general ❑ 0 E plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ El plan or natural community conservation plan? Discussion: a) The project site is located on the southwest corner of East Gobbi Street and Orchard Avenue. The project site is currently undeveloped with the exception of one single family residence that will be demolished and removed from the site. The existing electric substation is located on the southeast corner of East Gobbi Street and there will be an electrical connection between the two facilities as the existing facility will remain and continue to provide functions essential to the new facility. The project site vicinity is an area of mixed land uses including single and multi -family residential uses and commercial uses. Implementation of the new electric substation project will not physically divide an established community in that there are no aspects of the project that would cause any physical division of an established community. b) General Plan. A portion of the site (6 parcels) currently has a General Plan land use designation of Commercial. The remaining 3 parcels have a High Density Residential (HDR) General Plan land use designation. Public Utility facilities are not intended uses for parcels with the land use designations of High Density Residential or Commercial. Public utility facilities uses are an intended use in the Public land use designation. For these reasons, the project site that includes the substation (Parcel 1) requires a general plan amendment to change the land use designation to Public. The project also proposes a general plan amendment to change the land use designation of the property that is currently being developed with a new Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 32 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION City well (Parcel 3) to Public since this type of use if intended to be located on property with a Public land use designation. Parcel 2 would retain its existing General Plan Commercial land use designation. The project site has been underutilized during the past, with very few changes in development on site for many years. The project site is surrounded by commercial and multi -family residential uses to the west and a church to the south, the existing electric substation to the northeast and single family residential land uses to the southeast. The area to the north of the proposed Electric Substation site has existing general plan designations and zoning for commercial land uses. In the context of the existing surrounding mixed land uses dominated by commercial and residential land uses and the existing substation located to the east, the change in the General Plan and Zoning Code to Public and Public Facilities is considered to be a natural progression of land use in that the new electric substation will be connected to the existing electric substation located on the southeast corner of E. Gobbi Street and Orchard Avenue. The change in the General Plan designation for this site is in the best interest of all citizens of the City of Ukiah in that a substantially reinforced electrical grid system is integral to all land uses within the City of Ukiah and the general health and safety of the citizens of the City of Ukiah. The project would continue the Public General Plan land use designation from the southeast corner of the East Gobbi Street and Orchard Avenue to the project site and would continue the Community Commercial (Cl) designation for the proposed parcel 2. Proposed parcel 3'has been approved by the City of Ukiah for use as a municipal water well facility as an emergency project. The project would help to further the City's housing goals be providing a reliable source of electricity and adequate supply to serve additional housing units. HOUSING The project does not conflict with any goals, policies, or implementation measures contained in the City's General Plan Housing Element. The project would change the land use designation of 3 parcels from High Density Residential (HDR) to Public (P). Based on the square footage of these parcels and a maximum allowed density of 28 units per acre, a maximum of 14 units could potentially be built on the 3 parcels with an HDR designation. While this may be the potential maximum, due to site constraints, access issues, and zoning requirements such as setbacks, parking, and landscaping, a site is often unable to accommodate the maximum number of units. The project would not affect high density housing opportunities in the City because based on the 2009 Vacant and Underutilized Land Map prepared for the City of Ukiah General Plan Housing Element Update, there is enough land available within the City limits to meet the City's housing needs. The project would actually support the construction of housing since it would ensure that the City a reliable source of electricity and adequate capacity to serve additional housing units, including high density housing. The General Plan includes the following goals and policies that apply to the proposed project. ENERGY SECTION 4.06 ENERGY SUPPLIERS Goal EG -8: Manage existing energy resources to meet increased demands and explore the use of new energy efficient technologies. Policy EG -8.1: Develop a load management program whereby existing electrical supplies can accommodate, to the extent feasible, future growth and development. This project is a part of the load management program to provide upgraded electrical equipment to replace aging, less efficient electrical equipment and to provide energy resources to meet an anticipated future demand for increased electric power. COMMUNITY DESIGN Goal CD -7: Improve the appearance of area gateways. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 33 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Highway 101 is identified as a first level gateway into the Ukiah Valley. A small portion of the northernmost part of the site that would be developed with the substation would be visible from Highway 101. From Highway 101, this portion of the substation would most likely be viewed as part of the existing facility rather than a new facility. The remainder of the new substation would not be visible since view of most of the facility would be blocked by the existing homes that are located on the west side of Highway 101. Due to the height of the towers, sections of the towers may be visible from Highway 101; however, it is likely that these would also appear to be part of the existing facility. Since the view from Highway 101 would most likely be viewed as an expansion of the existing facility and very little of the facility would be visible, the project would have little if any impact on views from Highway 101 and would have little, if any, affect on the appearance of the gateway. Gobbi Street is identified as a second level gateway into the City of Ukiah. The project will not have frontage on Gobbi Street. Instead, the vacant parcel (Parcel 2) and the well site (Parcel 3) have frontage on Gobbi Street. The substation has frontage on Orchard Avenue. However, due to the height of some of the components of the facility, some components (such as transmission lines and towers) will be visible from Gobbi Street. Future development of Parcel 2 would further screen the substation from view from Gobbi Street, as well as from the intersection of Orchard Avenue and Gobbi Street. The project would not degrade the appearance of Gobbi Street as a gateway since the existing electric substation is located on Gobbi Street and the new City well that is under construction is also located on Gobbi Street. Based on this, there is an established pattern of public facilities being located on this gateway. The project requires that planting of street trees, as well as, onsite landscaping. These features will help to enhance the appearance of the project and area. This will also help to offset the loss of the trees that would be removed as a result of this project (See Biological Resources section above). The project will replace an existing vacant residence that is in poor condition with a new substation, street trees, and onsite landscaping and also create a 0.90 acre vacant parcel that would be available for commercial development. The project would not degrade the appearance of the Gobbi Street gateway based on the above. The project may enhance the appearance of the Gobbi Street frontage/gateway with the installation of street trees and the creation of a 0.90 acre parcel that could accommodate a commercial development project at the corner of Gobbi Street and Orchard Avenue. OPEN SPACE AND CONSERVATION General Plan Goal OC -24: Replace aging trees with new trees. Implementation Measure OC -24.1(a): Implement the program to replace aging trees giving preference to native species. General Plan Goal OC -25: Maintain and enhance the City's canopy of shade trees. Policy OC -25.1: Protect existing healthy mature trees to maintain shade and area attractiveness. Implementation Measure OC -25-.1(a): During the short-term planning period, utilize the Land Development Code or enact an ordinance identifying important shade trees and providing for their long- term management and health. General Plan Goal OC -29: Maintain and enhance the "urban forests" which create a sense of urban space. Policy OC 29-1: The development review process shall incorporate measures to maintain and enhance the urban tree canopy. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 34 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Implementation Measure OC -29.1(b): Review construction and landscaping site plans to ensure that healthy trees are not removed unnecessarily. See also discussion under Biological Resources and Aesthetics above. Zoning. A portion of the site (6 parcels) has a zoning designation of Community Commercial (Cl). The remainder of the site (3parcels) is zoned Planned Development (PD). The parcels zoned PD appear to have received this zoning designation in 1979 when the property was annexed to the City of Ukiah. Based on staff research, it appears that no specific zoning requirements were adopted for the three parcels zoned PD. As such, development of these parcels with any new use would require a rezoning in order to establish uses and development standards for these parcels. The proposed electric substation is not an allowed use in the C1 zoning district. This type of facility is intended to be located in and is an allowed use in the Public Facilities zoning district. For these reasons, the project site that includes the substation (Parcel 1) requires a rezoning to Public Facilities. The project also proposes to rezone the property that is currently being developed with a new City well (Parcel 3) to Public Facility since this type of use is intended to be located in a Public Facilities zoning district and a municipal well is considered a public utility facility which is an allowed use in the Public Facilities District. Parcel 2 would retain its existing Community Commercial (Cl) zoning designation. The Public Facilities zoning district includes landscaping requirements (section 9171.7). These include requirements for landscaping coverage based on lot size, planting of deciduous trees on the south and west building elevations, and landscaping that is proportional to building elevations. Due to the nature of the proposed project (new substation), some of these requirements may not be feasible or may not meet the security needs or safety requirements for the facility. Section 9170.7(E12) grants the City Council and Planning Commission the authority to deviate from the standards stated in section 9170.7 depending on the size, scale, intensity and location of the project. Bike Plan. The City has an adopted Bike Plan. The bike plan does not identify a path on Orchard Avenue and there is adequate width to accommodate both bicycles and vehicles. There is an existing on -street bike lane on Gobbi Street. Conclusion. The discussion provided above is intended to provide information on the City's General Plan, Zoning Ordinance, and other documents that may be relevant to the project. Based on this information, the project is in substantial conformance with General Plan goals, policies and implementation measures, as well as other City regulatory and policy documents. The project site is not located within a specific plan, coastal plan, habitat conservation plan, or other special plan area. Since the project is a Public Facility and not a commercial development project, the project is not subject to the City of Ukiah Design Guidelines for projects located outside of the Downtown Design District. The general plan, zoning ordinance, and other City policies discussed in this section were not adopted to avoid or mitigate environmental effect(s). Therefore, the project would not be in conflict with any plans or policies adopted to mitigate or avoid an environmental impact. c) There is no habitat conservation plan or natural community plan for the project site. Potential Impacts: The project will require the removal of 14 existing on-site trees including one 5 foot DBH Coast Redwood tree to facilitate the implementation of the project. Mitigation Measures: None required Impact Significance After Mitigation: N.A. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 35 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 10. MINERAL RESOURCES Less Than Potentially Significant With Less Than No Significant Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and ❑ ❑ El M the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site ❑ ❑ ❑ delineated on a local general plan, specific plan or other land use plan? Discussion: a -b) The subject property is not in an area containing any known mineral resources and it is not anticipated that the proposed Electric Substation project would cause impact to mineral resources. Potent Impacts: None. Mitigation Measures: None required Impact Significance After Mitigation: N.A. 11. NOISE Less Than Potentially Significant Significant With Less Than Significant No Impact Mitigation Incorporated Impact Impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ® ❑ local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ® ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ® ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ® ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑ airport, would the project expose people residing or working in the project area to excessive noise levels? Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 36 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 11. NOISE Less Than Potentially Less Than Significant Mitigation Significant With Significant No Impact Impact Incorporated Impact Would the project result in: f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ E] El working in the project area to excessive noise levels? Discussion: a) The proposed substation includes three electric transformers and associated equipment and buildings, surrounded by a 10 -foot -tall concrete masonry wall. The proposed three -transformer substation is intended to replace the existing two -transformer substation located on the property directly across Orchard Avenue from the proposed substation location. A Noise Study has been prepared by LACO Associates (LACO), June, 2009 to assess both the existing ambient noise levels and noise levels resulting from the operational phase of the project after construction (See Appendix G). The purpose of the Noise Study is to quantify the noise levels that the proposed substation is likely to generate on neighboring residential areas. A copy of the proposed plan layout of the substation is included in the appendix to the Noise Study (See Appendix G) and the Addendum to the Noise Study (See Appendix G.1). LACO recorded noise levels at the southerly and westerly property lines of the proposed substation location on Thursday, April 30, 2009. Measurements were recorded for approximately 15 minutes at each location, at approximately 6:OOPM and 10:OOPM. The 6:OOPM measurements, at typical rush-hour, were assumed to be worst-case daytime noise levels. The 10:OOPM measurements were assumed to be representative of night- time noise levels. Noise levels at the eastern property line (location "D") were extrapolated based upon existing noise measurements. The baseline day and night ambient noise levels were determined from the noise data charts presented in the appendix to LACO's Noise Study dated June 17, 2009. The required contributions from the road to increase the baseline values to the average recorded noise levels were determined. The noise levels were determined at the easterly property line, based on "line source" noise attenuation. A "line source" is noise that is produced by a line -shaped source, and is commonly used to model noise produced by a road. The road noise levels at the easterly property line were then added to the baseline ambient noise levels to determine the existing noise levels at the easterly property line. The calculated increases in noise levels were then applied to the existing values to determine the predicted noise levels at the easterly property line after the proposed substation is built. Please see Table 1, below. LACO measured the noise generated by the existing transformers at approximately 10:30PM on April 30, 2009. Only one transformer was operating at this time; the minimum value from this set of measurements was used to represent the noise generated by the transformer. This value was used to model the noise to be generated by the new transformers. Note that these measurements were intended solely to model the noise generated by the existing transformer installation. The location of these measurements is not related to the location of the proposed installation. The measurements of existing noise used to model the proposed installation were taken at the locations that are considered worst-case for the proposed installation: directly on the east and south property lines adjacent to the existing residential areas. LACO has been informed that the two existing transformers will be re -used at the proposed location, and that the new transformer will generate a level of noise that is equivalent to the existing transformers. All sound measurements were recorded at 2 -second intervals with an Extech 407764 Sound Level Meter and Data Logger. The sound meter was calibrated before each use using an Extech 407766 Sound Level Calibrator. Sound measurements were taken with an "A" weighted distribution of frequency sensitivity. Please note that "dB" refers to a level of sound energy with no reference to the frequency of the sound and "dBA" refers to an "A -weighted" distribution of frequency sensitivity. The "A -weighting" mimics the frequency sensitivity of human ears, and is specified in the HUD Noise Guidebook for use in noise studies. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09-05-013-13C; 09 -06 -UP -PC; 09-07-BLA-CE 37 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Data Analysis and Discussion The data from each recording session was integrated over time, using the method presented in the United States Department of Housing and Urban Development (HUD) Noise Guidebook for calculating average sound level. The contribution of each proposed transformer to the predicted total noise level was calculated by using Workchart 6 from the HUD Noise Guidebook (See page 5 within the Noise Study: Appendix G) to model the noise attenuation provided by the proposed masonry sound wall. The measured and predicted noise levels, with a 10dBA penalty added to the night-time measurements as specified in the HUD Noise Guidebook, are summarized in Table 1. The noise values in Table 1 combine to produce a day -night equivalent noise level (LDN) of 57.6dBA at location "B" and 56.7dBA at location "C" and 61.5dBA at location "D" with the 10 -foot tall masonry wall and a day -night equivalent noise level (LDN) of 59.4dBA at location "B" and 58.6dBA at location "C" and 62.2dBA at location "D" without the 10 -foot tall masonry wall. Table 1 - Summary of Measured and Predicted Noise Levels Location Label Time of Noise Existing Existing Day- Predicted Predicted Predicted Predicted and Location Measurements Average Night Noise Level Day -Night Noise Level Day -Night Description**** Noise Level Average with Average with Average (dBA) Noise Level Proposed Noise Level Proposed Noise Level LDN (dBA) Substation With Substation with without Proposed with Masonry Proposed Masonry Wall Substation, Wall Substation LDN (dBA) Without (dBA) and Masonry Masonry Wall Wall (dBA) LDN (dBA) B southerly 5:43-6:OOPM 53.7 54.9 54.0 property line 56.7 59.4 57.6 B southerly 10:40-10:55PM 58.5* 61.6* 59.5* property line C westerly 6:01-6:13PM 53.3 54.4 53.6 property line 55.9 58.6 56.7 C westerly 10:56-11:12PM 57.5* 60.7* 58.5* property line D easterly 5:43-6:OOPM 58.3 58.7 58.4 property line 61.3 62.2 61.5 D easterly 10:40-10:55PM 63.0* 64.1* 63.3* property line *A 10dBA penalty for night-time noise levels has been included in these values, as specified in the HUD Noise Guidebook for calculation of LDN noise levels. **All noise measurements were made on April 30, 2009, at the times indicated in the table. ***This table supersedes Table -1 in the Noise Study by LACO Associates, dated June 17, 2009 ****Note: Location "A" as shown on the Noise Study Map (Appendix A of Noise Study, Page A56) was the location used for sampling transformer noise levels at the existing substation site. These noise measurements were used to model noise produced by the proposed substation. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 38 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Conclusion The enclosed noise analysis (See Appendix G) and the Addendum to the Noise Analysis (See Appendix G.1) demonstrates that the proposed substation will generate, at most, a 0.9dBA increase in the day -night average noise levels at the existing adjacent commercial and multi -family residential buildings located to the west and south. The greatest calculated noise level is 61.5dBA (see Table -1 above); this value includes a 10dBA penalty for night-time noise measurements as specified in the HUD Noise Guidebook for calculation of the equivalent day -night noise level (LDN). The greatest LoN calculated for the proposed installation is 61.5dBA at location "D" (easterly property line) with the 10 -foot tall masonry wall and 62.2dBA without the 10 -foot masonry wall. These value are less than the "normally acceptable" ambient noise level of 65dBA presented in the HUD Noise Guidebook for multi- family and single-family residential areas (See Figure 3, land use compatibility guidelines from Chapter 1, HUD Noise Guidebook below), and represents a 0.2dBA and 0.9dBA increase over existing noise levels, respectively. Values calculated for the southerly and westerly property lines were 57.6 and 56.7 respectively, which are less than the "clearly acceptable" limit of 60dBa as presented in the HUD Noise Guidebook for multi -family residential areas. Therefore, the enclosed analysis in the Noise Study demonstrates that the proposed substation will be in compliance the noise recommendations presented in the HUD Noise Guidebook, provided that a "normally acceptable" condition is adequate for adjacent residential areas. Please note that the noise values presented herein are calculated on the property lines, and the noise will attenuate to lower levels as it travels over the actual distances to the adjacent single- family residential areas located to the east. Therefore, no mitigation measures are required for the operational phase of the project since the project with or without the proposed 10 -foot concrete masonry wall will result in noise -levels that are "normally acceptable" or "clearly acceptable" based on the standards included in the HUD Noise Guidebook. b) The project will not result in any groundborne vibration except during the construction phase where there may be minimal, temporary groundborne vibration associated with the use of heavy construction equipment. Heavy equipment such as backhoes, trucks and other heavy construction equipment used on-site during the construction phase would create minimal, temporary groundborne vibration. No pile -drivers or other equipment that would produce substantial groundborne vibration and noise will be used during the construction phase of the project. The Noise Study prepared for the project addresses the long-term noise associated with the operational phase of the project. There will be no groundborne vibration associated with the operational phase of the project. Therefore, impacts related to groundborne noise and vibration will be minimal and will occur only during the construction phase of the project and are considered to be a less than significant impact. c) The project will result in a minor permanent increase in ambient noise levels in the project area. As discussed under section 11 a above, the greatest LoN calculated for the proposed installation is 62.2dBA for the substation without the 10 -foot masonry wall and 61.5 with the 10 -foot tall masonry wall at location "D" (easterly property line). This value is measured at the property line and would attenuate as the sound travels over the actual distance to the residences located on the east side of Orchard Avenue. Both of the noise levels for location "D" are within the "normally acceptable" range for single-family and multi -family land uses in the HUD Noise Guidebook (see HUD Noise Guidebook, Figure 3 above). The noise levels for locations "B" and "C" are less than 60dBA with and without the 10 -foot masonry. Noise levels less than 60dBA are within the "clearly acceptable" ambient noise level presented in the HUD Noise Guidebook (See Figure 3 above) for single family and multi -family residential land uses. Therefore, the project will result in an increase in the ambient noise levels; however, the resulting noise level will not be significant since one location (location "D") complies with the "normally acceptable" noise level for single-family and multi -family land uses and the other locations (locations "B" and "C") do not create permanent ambient noise levels that exceed "clearly acceptable" noise levels. Therefore, the project, with or without the 10 -foot tall masonry wall will result in a less than significant impact related to existing ambient noise levels in the project area. d) The project would result in construction related noise that would exceed the noise levels established by the City of Ukiah General Plan and HUD 1 Noise Guidebook. Construction related noise levels associated with Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 39 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION the proposed project will be related to noise generated during the construction phase of the project, including noise from equipment such as trucks, backhoes, trenchers, and power tools. City of Ukiah Noise Ordinance Section 6054 limits construction hours for projects within 500 feet of a residential zone to 7:00 a.m. to 7:00 p.m. daily. The property abutting the project site to the west is zoned High Density Residential (R-3) and the property abutting the project site to the south is zoned Medium Density Residential (R-2). The property located on the east side of Orchard Avenue is zoned Planned Development. This Planned Development is primarily comprised of single-family homes; however, there are also duplexes located in the area. Due to the residentially zoned properties located within 500 feet of the project site, this project is required to comply with Noise Ordinance Section 6054. It is the practice of the City to further limit construction hours for projects that require the approval of land use entitlements in order to reduce noise impacts related to construction of the project to a level that is less than significant. The standard mitigation measure for construction noise has been included for this project. e) The project is located within the Airport Land Use Plan for the Ukiah Airport. The project site is located outside of the 55 dB CNEL contour as identified on Airport Land Use Plan Figure 7D: Noise Impacts — 1994 Busy Day. Therefore, the noise level on the project site is less than 55 dB CNEL. This noise level is less than the acceptable ambient noise level of 60 dBA presented in the HUD Noise Guidebook for single-family and multi -family residential land uses (See Figure 3 from the HUD Noise Guidebook above). The proposed electric substation will be an un -manned facility. Maintenance and servicing of the equipment will occur on a weekly or bi-weekly basis. Based on the existing ambient noise level and the fact that the electrical substation is unmanned with visits to the substation limited to maintenance and service as noted above, the project would not expose people in the project area to excessive noise levels. f) The project is not located in the vicinity of a private airstrip. Potential Impacts: There is the potential for short-term construction related noise due to the use of heavy equipment during the construction phase of the project. Mitigation Measures: 1. The hours of construction shall be limited to 7:00 A.M to 6:00 P.M. Monday through Friday, and 9:00 A.M. to 4:00 P.M. on Saturday. Construction is prohibited on Sundays and holidays recognized by the City of Ukiah. Additional construction hours may be administratively approved by the Planning Director due to emergency circumstances. Impact Significance After Mitigation: With the incorporation of the above mitigation measure, impacts related to noise would be reduced to a less than significant level. 12. POPULATION AND HOUSING Potentially Less Than Less Than Significant Significant With Significant No Mitigation Impact Would the project: Impact Incorporated Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, ❑ ❑ ® ❑ through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 40 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 12. POPULATION AND HOUSING Less Than Potentially Significant With Less Than No Significant Mitigation Significant Impact Would the project: Impact Incorporated Impact c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? Discussion: a) The new Electric Substation project is required to meet current needs and will allow for modest growth potential over many years pursuant to the General Plan of the City of Ukiah. However, the driving force of this project is to meet current electric demands as stated and will improve the reliability of the system during times of peak demand. No new homes or businesses are proposed as a part of this project, therefore there will be no direct inducement of growth. The project proposes to re -locate two existing transformers from the existing facility to the new facility and add one new transformer unit as a part of the new Electric Substation. This will add transformer capacity to the City's electric system; however, it will not add enough additional capacity to induce substantial population growth beyond that anticipated in the General Plan. b - c) The project includes the removal of one single-family residence that is currently vacant. Therefore, the project will not displace substantial numbers of people or existing housing necessitating the need to construct replacement housing elsewhere. Additional Discussion: See the discussion included under the General Plan: Housing heading in Section 9: Land Use above. This discussion is provided as information only. As noted above one residence will be removed from the site and the residence is currently vacant and the project does not include the construction of new housing units. Potential Impacts: There is a modest potential for additional growth associated with the development of the new electric substation facility pursuant to the City's General Plan, however, the project is needed to meet current projected demands for electric power during the summer of 2010. The addition of one new transformer unit will not provide the capacity for substantial growth inducement. Mitigation Measures: None required. Impact Significance After Mitigation: N.A. 13. PUBLIC SERVICES Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project result in: Impact Incorporated Impact Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 41 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 13. PUBLIC SERVICES Less Than Potentially Potentially Significant Less Than No With Mitigation Significant Impact With Mitigation Significant Impact Impact Would the project result in: a) Increase the use of existing neighborhood and Incorporated a) Fire protection? ❑ ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ C) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ z e) Other public facilities? ❑ ❑ ❑ Discussion: a -e) The new electric substation will add electrical capacity to the City's electric system. This is a physical alteration of governmental facilities to meet current demands for electric power anticipated for the summer of 2010 peak period. The implementation of the project will assist all public services provided by the City in the provision of additional electric power during peak demand periods and reducing the chance for power outages. The net effect of the project on public services is a positive effect. The project will assist in the maintenance of acceptable service ratios, response times and improve other performance objectives for public services such as fire protection, police protection, schools, parks and other public facilities all of which depend upon a reliable source of electric power, especially during peak demand periods. The facility will not create new employment or housing that would increase the need for public services. The implementation of this project would not induce the need for other new or physically altered governmental facilities which could cause significant environmental impacts. Potential Impacts: None. Mitigation Measures: None required. Impact Significance After Mitigation: N.A. 14. RECREATION Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such ❑ ❑ ❑ that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ❑ ❑ ❑ recreational facilities which might have an adverse physical effect on the environment? Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 42 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Discussion: a - b) The facility will be an unmanned facility serviced by existing City Electrical Department staff and does not include recreational facilities. As such, the facility would not result in the increased use of existing parks or other recreational facilities and would not require the expansion of recreational facilities that may have an adverse impact on the environment. Potential Impacts: None. Mitigation Measures: None required Impact Significance After Mitigation: N.A. 15. TRANSPORTATION/TRAFFIC Less Than Potentially Significant Less Than Significant �/�/Siith Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ❑ ❑ ❑ 0 increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ ❑ ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ® ❑ location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus ❑ ❑ turnouts, bicycle racks)? Discussion: a -b) The Electric Substation project will be an unmanned facility. Service visits to the Electric Substation will be on a weekly or bi-weekly basis for maintenance and collection of data associated with the performance of the equipment. There is an occupied single-family residence on the site which will be removed as part of this project. The trips associated with substation will likely be fewer than the trips associated with the single- family residence. Therefore, the project will not result in an increase in traffic which is substantial when Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 43 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION compared to the existing traffic load capacity and the project will not exceed or change an existing level of service. c) The project site is located in Airport Land Use Compatibility Zone B2 for the Ukiah Airport. The storage of highly flammable materials and hazards to flight are prohibited uses in the B2 zone. The project will not store highly flammable materials on the site. The project does include mineral oil for the proposed transformer units. The project has been reviewed by the Fire Marshal who has indicated that mineral oil is considered combustible, but not highly flammable. The Fire Marshal also provided material safety data sheets (MSDS) for mineral oil that identify mineral oil as "combustible." Hazards to flight include airspace obstructions, visual or electronic interference to aircraft navigation or communication, and activities that attract birds. An email from Fred Tarr, staff planner, for the Airport Land Use Commission indicated that the maximum 70 -foot height for the poles associated with the project are not classified as an obstruction by CFR Section 77.23 Regulations. The project is not anticipated to create a visual obstruction since pilots are familiar with the existing substation facility that includes similar poles of a similar height and the project would include three new poles of the same height. Fred Tarr also indicated that "since the proposed project is not directly under the flight path, there most likely would be no interference with communications or navigation" and that some members of the ALUC have indicated that they have never experienced electrical interference or heard about anyone else experiencing electrical interference from the existing electrical substation." There have been no reported incidents of problems with the existing substation facility causing electronic interference with aircraft navigation or electronics. Therefore, the new facility is not anticipated to cause any electronic interference with aircraft navigation or communication. Substation facilities are not known to attract birds and the existing substation facility is not known to have attracted birds. Mr. Tarr recommended that the City contact the FAA to solicit comments regarding EMF and any potential effects related to the DME/localizer for the Ukiah Airport. In response to Mr. Tarr's suggestion, City staff has been in contact with the FAA. On November 18, 2009 the FAA provided written comments that stated that a form 7460-1 is required to be filed prior to the installation of the project since such installations could cause problems with their systems and that Oakland Technical support be contacted prior to installation of the facility. Both of these have been included as mitigation measures for the project. The project implementation will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that would result in substantial safety risks. d) The project site includes street frontage improvements, including curb, gutter and sidewalk. No modifications to the street alignment are proposed as part of the project and the existing alignment does not include any sharp curves or dangerous intersections. The intersection at Orchard Avenue and East Gobbi Street is controlled with a signal. The intersection at Cindee Drive and Orchard Avenue is controlled with a stop sign. The substation project includes three driveways to allow access for maintenance and service vehicles. These driveways have adequate access and there is adequate site distance. Since the project will not change the alignment of the right-of-way and will not modify existing intersections adjacent to the project, the project would not increase hazards due to a design feature. The project will add a new electrical substation in an area currently developed with the existing electrical substation, commercial, uses, and residential uses. The project will not introduce a new use to the area, but will add another existing substation use to the area. The existing uses have not been found to be incompatible; therefore, the construction of another existing use, the substation, would not result in an increased hazard due to incompatible uses. e) The project has been reviewed by the Police Department and Fire Marshal and provides adequate access for emergency vehicles and personnel. f) Zoning Ordinance section 9170.6(A) requires one parking space for each employee on duty at any one time and one space for each vehicle used in connection with the facility with a minimum of three parking spaces. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 44 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION The facility is an unmanned facility. During the operational phase of the project, parking will only be required on a weekly or bi-weekly basis when servicing and maintenance of the facility is performed by City of Ukiah Electric Utility Department staff. No office space is included in the project. A parking area for service vehicles is provided and shown on project plan sheet ORCHARD -e-201.6. There is adequate area on-site for additional employee parking if needed and to comply with the requirement for a minimum of three parking spaces. Due to the lack of parking needed for the facility and the infrequent use of parking primarily for maintenance and servicing, a formal striped parking area has not been included in the project or required as a mitigation measure. Rather, the site plan shows the location of a parking area for service vehicles and if additional parking is required on an occasional basis, there is space on the site to accommodate additional parking on the site without the need for striping and designating and formal parking area. Based on the following, the project will have no impact related to inadequate parking: a minimum of 3 parking spaces is adequate to serve the facility since the facility is unmanned and these spaces can be provided in an informal arrangement on the site; there are no vehicles associated with the facility except as needed for weekly or bi- weekly servicing and maintenance of the facility; and no vehicles are required to be stored or located on the site for regular use. There is also adequate parking for construction equipment and for vehicles used by construction workers during the construction phase of the project. Therefore, there will be no impacts related to parking. g) The project will not conflict with adopted policies, plans, or programs supporting alternative transportation as the project will not require the provision of a bus turnout. There is adequate roadway width to provide for bicycle users and pedestrians, and the City's bike plan does not identify a bike path on Orchard Avenue. Potential Impacts: The project may result in electrical interference due to Electric and Magnetic Field generated by the project as identified and discussed in the Hazards and Hazardous Materials section above. Mitigation measures from the Hazardous and Hazardous Materials section have been included be reference to reduce any potential impacts to a less than significant level. Mitigation Measures: Hazards and Hazardous Materials Mitigation Measures 7 and 8 above. Impact Significance After Mitigation: Mitigation measures from the Hazardous and Hazardous Materials section have been included be reference to reduce any potential impacts to a less than significant level. 16. UTILITIES AND SERVICE SYSTEMS Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Exceed wastewater treatment requirements of the ❑ El applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of El ❑ existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ El El facilities, the construction of which could cause significant environmental effects? Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 45 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 16. UTILITIES AND SERVICE SYSTEMS Less Than Potentially Significant Less Than No Significant Impact With Mitigation Significant Impact Impact Would the project: Incorporated d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ❑ resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ❑ regulations related to solid waste? Discussion: a and e) The project is an unmanned Electric Substation project that will be serviced by the City of Ukiah Utilities Department on a weekly or bi-weekly basis. The facility will include one restroom within the control building. Therefore, the project will require both a water and sewer hook-up. Due to the nature of the project and the low intensity of project water usage and disposal of wastewater, the project would have a less than significant effect upon wastewater treatment requirements of the applicable Regional Water Quality Control Board and the existing wastewater treatment provider has adequate capacity to serve the project. b) Due to the nature of the project and the low-level intensity of water usage and wastewater disposal (see "a" above), the project will not require expansion of wastewater treatment facilities. c) The project will introduce minimal new impervious surfaces. Most of the project site will be grass area, gravel area, and landscape area (see project plans, sheet ORCHARD -E-201.6). Therefore the existing storm drain facilities are adequate to serve the project and the project would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities d) A water hook-up will be required for irrigation of landscaping and for the restroom facility. The facility is unmanned and the use of the restroom facility is expected to be minimal. The landscaping is required to be drought tolerant (low water usage). Therefore, there are sufficient water supplies available to serve the project from existing entitlements and resources and no new or expanded entitlements needed are needed to serve the project. e) Project construction will result in the export of approximately 200 cubic yards of unsuitable soils and gravel fill materials. These materials would be transported to a local landfill. Due to the minimal quantity of materials to be disposed of, it is not anticipated to impact local landfill facilities. There are no contaminated soils on- site pursuant to the Phase I Environmental Site Assessment prepared for the project. f) Construction of the project will result in debris and other solid waste being sent to local landfills. The project includes the removal of an existing building that is in poor condition and likely contains lead paint and Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 46 A INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION asbestos based on the Phase I ESA prepared for the project. Therefore, this building is not suitable for recycling and salvage of materials. Also, the Fire Department has requested use of the building for a practice drill. The project includes the removal of 14 trees and the existing grasses on the site. The operation of the unmanned facility will result in the generation of minimal solid waste. The trees and vegetation on-site will be "chipped" and taken to the local landfill for disposal. g) The project is required to comply with all federal, state, and local statutes and regulations related to solid waste. Potential Impacts: None. Mitigation Measures: None Required. Impact Significance After Mitigation: N/A 17. GLOBAL CLIMATE CHANGE Potentially Less Than Less Than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated Would the project: a) Directly contribute to greenhouse gas emissions? ❑ ❑ ® ❑ b) Contribute cumulatively to green house gas ❑ ❑ ® ❑ emissions? Setting: (The following background information is excerpted from: Greenhouse Gas, Climate Change, and Energy, National Energy Information Center (NEIC) - Energy Information Administration). The greenhouse effect is a natural phenomenon whereby the Earth's heat is trapped in the atmosphere by certain gases. Greenhouse gases thus contribute to maintaining a surface temperature on Earth favorable to life. Industrialization and the population explosion that have occurred over the past 200 years have been accompanied by a substantial increase in the use of fossil fuels such as coal, oil and natural gas, thus leading to an equally considerable increase in greenhouse gas emissions in the atmosphere. The additional greenhouse gas emissions have in turn exacerbated the greenhouse effect, which appears to be the cause of the increase in the temperature of the Earth's surface and the lower layers of its atmosphere. "Greenhouse gases" allow sunlight to enter the atmosphere freely. When sunlight strikes the Earth's surface, some of it is reflected back towards space as infrared radiation (heat). Greenhouse gases absorb this infrared radiation and trap the heat in the atmosphere. Over time, the amount of energy sent from the sun to the Earth's surface should be about the same as the amount of energy radiated back into space, leaving the temperature of the Earth's surface roughly constant. Many gases exhibit these "greenhouse" properties. Some of them occur in nature (water vapor, carbon dioxide, methane, and nitrous oxide), while others are exclusively human -made (like gases used for aerosols). Levels of several important greenhouse gases have increased by about 25 percent since large-scale industrialization began around 150 years ago. During the past 20 years, about three-quarters of human -made carbon dioxide emissions were from burning fossil fuels. Concentrations of carbon dioxide in the atmosphere are naturally regulated by numerous processes collectively known as the "carbon cycle". The movement of carbon between the atmosphere and the land and oceans is dominated by natural processes, such as plant photosynthesis. While these natural processes can absorb some Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 47 J INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION of the net 6.1 billion metric tons of anthropogenic carbon dioxide emissions produced each year (measured in carbon equivalent terms), an estimated 3.2 billion metric tons is added to the atmosphere annually. The Earth's positive imbalance between emissions and absorption results in the continuing growth in greenhouse gases in the atmosphere. What Effect Do Greenhouse Gases Have on Climate Change? Given the natural variability of the Earth's climate, it is difficult to determine the extent of change that humans cause. In computer-based models, rising concentrations of greenhouse gases generally produce an increase in the average temperature of the Earth. Rising temperatures may, in turn, produce changes in weather, sea levels, and land use patterns, commonly referred to as "climate change." Assessments generally suggest that the Earth's climate has warmed over the past century and that human activity affecting the atmosphere is likely an important driving factor. A National Research Council study dated May 2001 stated, "Greenhouse gases are accumulating in Earth's atmosphere as a result of human activities, causing surface air temperatures and sub -surface ocean temperatures to rise. Temperatures are, in fact, rising. The changes observed over the last several decades are likely mostly due to human activities, but we cannot rule out that some significant part of these changes is also a reflection of natural variability." However, there is uncertainty in how the climate system varies naturally and reacts to emissions of greenhouse gases. Making progress in reducing uncertainties in projections of future climate will require better awareness and understanding of the buildup of greenhouse gases in the atmosphere and the behavior of the climate system. Impacts of Global Warming: According to California Assembly Bill 32, "Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems." The Legislature also found that Global warming "will have detrimental effects on some of California's largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state." California Senate Bill 1368 declared that global warming would have significant adverse impacts on the economy, health and environment. What Are the Sources of Greenhouse Gases? In the U.S., our greenhouse gas emissions come mostly from energy use and fossil fuel combustion (automobiles). These are driven largely by economic growth, fuel used for electricity generation, and weather patterns affecting heating and cooling needs. Energy-related carbon dioxide emissions, resulting from petroleum and natural gas, represent 82 percent of total U.S. human -made greenhouse gas emissions. Land Use and Greenhouse Gas: Over the past 50 years, urban sprawl in the immediate vicinity of Cities has increased dramatically. Locally, urban development has occurred in an unstructured manner outside the Ukiah City limits. These resulting areas are characterized by low-density; have increased distances between residential areas and workplaces, businesses and services; are ill suited to modes of transportation other than the automobile; have relatively less attractive central areas; and many have vacant lots and underused or abandoned buildings. Will the Proposed Project Significantly Contribute to Global Warming? Increase in Vehicle Trips: The project will replace the existing single-family residence with an unmanned Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 48 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION electrical substation facility. The facility will be unmanned and vehicle trips associated with the facility will be limited to regular maintenance and repairs. The vehicle trips associated with the project are likely to be fewer than the trips associated with the existing single-family residence. Also, trips to the proposed substation facility will be similar in frequency and replace or be coordinated with trips to the existing East Gobbi Street substation. Trees and Landscaping. Trees will be removed from the site and it is acknowledged that trees and other plants assist in the removal of carbon dioxide from the atmosphere, thereby, reducing greenhouse gases and the effects of global warming. However, street trees will be planted as part of the project along with onsite landscaping, which may include small trees so long as they do not present a security issue (climbing/entry opportunity into the substation site) for the project. The project will directly and cumulatively contribute to greenhouse gas emissions since energy will be generated offsite o serve the City of Ukiah. However, the increase would be minimal since the project (substation) will replace an existing substation with a new substation with increased capacity; no additional vehicle trips are anticipated due to the project; and trees and other landscaping will be planted to replace existing trees that are required to be removed in order to construct the project. Based on the above, the impact of the project directly and cumulatively on greenhouse gas emissions would be less than significant. City of Ukiah Energy Resources: The City of Ukiah purchases power from several sources, both renewable and non-renewable. The table below compares the City of Ukiah the sources of electricity to the power mix for the State of California. Based on the information below for the 4th quarter of 2008, the City of Ukiah receives 53% of its energy from renewable sources. If large hydroelectric sources are included as a renewable energy source, the City receives 73% of its energy from renewable sources. This is substantially greater the for the State power mix as a whole, respectively. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 49 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Accordingly, it is concluded that the proposed project would not significantly in and of itself contribute to global warming. MITIGATION MONITORING AND REPORTING: AB 3180 requires all public agencies to adopt a monitoring and reporting program whenever they certify an EIR or adopt a "Mitigated Negative Declaration." The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration requires project proponents to incorporate or comply with the important Mitigation Measures listed in Attached Exhibit No. 1 of this Initial Environmental Study and the table describing the monitoring program in Attached Exhibit No. 2. MANDATORY FINDINGS OF SIGNIFICANCE NOTE: If there are significant environmental impacts which cannot be mitigated and no feasible project alternatives are available, then complete the mandatory findings of significance and attach to this initial study as an appendix. This is the first step for starting the environmental impact report (EIR) process. Potentially Less Than Less Than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated Does the project: a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, ❑ ❑ ❑ reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in ❑ ❑ ❑ 0 connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ ❑ either directly or indirectly? Discussion: Based upon the environmental review of the project, site and surrounding area land uses, appropriate mitigation measures were identified in Sections 1 (Aesthetics); 3 (Air Quality; 4) (Biological Resources); 5 (Cultural Resources); 6 (Geology and Soils); 7 (Hazards and Hazardous Materials); 8 (Hydrology and Water Quality); 11 (Noise); and 15 (Transportation and Traffic). However, implementation of the identified mitigation measures/standard conditions of project approval by the City of Ukiah and other applicable agencies will result in less than significant adverse environmental impacts as a result of project implementation. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 50 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION I, L r 6X.4wed; , the project applicant/proponent, have reviewed this Revised Initial Study, including the additional Mitigation Measures for Aesthetics, and hereby agree to incorporate the mitigation measures and monitoring programs identified herein into the project. O?�� 2-.', ��' /ll Signa e o Applicant/Project Sponsor Date Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 51 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 1. City of Ukiah General Plan, 1995, Amended June 16, 2004. 2. Phase I Environmental Site Assessment, EBA Engineering, April, 2008. 3. Existing City of Ukiah Tree Preservation Policies and Tools. 4. Letter Report of Arborist John M Phillips, March 29, 2009. 5. Geotechnical Investigation, Gobbi Electrical Substation, Ukiah, California, Alan Kropp & Associates, Inc., October 16, 2008. 6. Letter — Records Search Results from the KWIC, Sonoma State University, California, April 22, 2009. 7. Letter RE: SB 18 Tribal Consultation, Orchard Street Substation, City of Ukiah, County of Mendocino, Native American Heritage Commission, February 17, 2009. 8. Letter — Mendocino County Air Quality Management District, Subject: Project Review — City of Ukiah Orchard Substation — 09 -GPA -003, February 10, 2009. 9. Letter — RE: General Plan Amendment to allow the construction of a new Electrical Substation at the Southwest Corner of Gobbi Street and Orchard Avenue, Guidiville Indian Rancheria, March 19, 2009. 10. Email response: County of Mendocino Airport Land Use Commission regarding the Orchard Street Substation, March 12, 2009. 11. City of Ukiah General Plan Growth Management Program, Chapter 2 Noise, December 6, 1995, Amended June 16, 2004. 12. Ukiah City Code Division 7, Chapter 1, Article 6 — Noise Regulation. 13. A.L.T.A./A.C.S.M Land Title Survey, EBA Engineering, April, 2008. 14. Federal Emergency Management Administration, Federal Insurance Rate Maps, Panel Number: 0601860001E 15. Letter to the Mendocino County Assessor's Office from the City of Ukiah dated February 19, 2009 authorizing release of all information re: 5 Robinson Lane and a response with documentation from the Assessor's Office, dated February 24, 2009. 16. City of Ukiah — Project Review Committee Referral Responses: Public Works Department, February 19, 2009; Ukiah Fire Department, February 15, 2009; City of Ukiah Building Official, February 5, 2009; 17. Document received from RW BECK: "D.10 Public Health and Safety — EMF Portion Only, Electric and Magnetic Fields and Other Field -Related Concerns," January, 2009. 18. Noise Study for Ukiah Electric Substation Project, LACO Associates, June, 2009. 19. 5 Robinson Lane Historical Profile prepared by Judy Pruden December 31, 2009. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 52 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION APPENDICES Appendix A: Electric and Magnetic Fields from Electric Power Systems Appendix B: Electric and Magnetic Field Analysis Appendix C: Arborist Letter Report prepared by John Phillips Appendix D: Mendocino County Assessor Property Record Information Appendix E: Phase I Environmental Site Assessment prepared by ESA Appendix F: Geotechnical Report Appendix F 1: Geotechnical Report Supplemental Information Appendix G: Noise Study prepared by LACA Associates Appendix G1: Noise Study Addendum prepared by LACO Associates Appendix H: Historical Profile prepared by Judy Pruden LIST OF FIGURES Figure 1: Project Site Vicinity Map Figure 2A: Site Photo Looking Southwest Figure 2B: Site Photo Looking Northwest Figure 3: General Arrangement with Existing Gobbi Street Substation Figure 4: .General Arrangement of Substation Figure 5A: Substation Rendering from Orchard Avenue Figure 5B: Substation North Rendering Figure 5C: Substation South Rendering Figure 6: Existing General Plan and Zoning Designations Figure 7: Proposed General Plan and Zoning Designations Figure 8: Boundary Line Adjustment Exhibit Figure 9: Ukiah Airport Land Use Plan Table 7A with Footnotes Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 53 I INITIAL STUDY/ MITIGATED LEGATIVE DECLARATION FIGURES Figure 1: Project Site Vicinity Map Page 54A Figure 2A: Site Photo Looking Southwest Page 54B Figure 2B: Site Photo Looking Northwest Page 54C Figure 3: General Arrangement with Existing Gobbi Street Substation Page 54D Figure 4: General Arrangement of Substation Page 54E Figure 5A: Substation Rendering from Orchard Avenue Page 54F Figure 5B: Substation North Rendering Page 54G Figure 5C: Substation South Rendering Page 54H Figure 6: Existing General Plan and Zoning Designations Page 54I Figure 7: Proposed General Plan and Zoning Designations Page 54J Figure 8: Boundary Line Adjustment Exhibit Page 54K Figure 9: Ukiah Airport Land Use Plan Table 7A with Footnotes Page 54L Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 54 A 9 REST NO SL A1fJ REV -- HEY px O A Figure 1: Project Site Vicinity Map U Ill rPROJECT WE I CITY Of UKIAH SITE VlClNffY MAP PalcS&tA Y .��x �� �, � � *i, ?e kt yy, "�3 t ��, Figure 3e General kr rangement with Existing Gout Street Substation � H I ill I J1111 0 vzm CD ` o V f 0013 ❑ t 99 r _ hr ,Y � yzrs � 33 a 4 _� 555 ,•„�,c� "'% _ t 611 � : � �' � :: e*: ._�� �-.-�?—JFI�SU os G[�,F.t❑dGS _, — ,mw� q -0 A Fi,,j're 5B: Substation North Rent -.-ring it, are 5C: Substation South enu.;Ang 1100, 14:44 - ii Figure 7: Proposed General Plan and Zoning Designations Vt PROPOSED GENERAL PLAN LAND USE DESIGNATION P: Public PROPOSED ZONING DESIGNATION PF: PUBLIC FACILITY %5e ,n11 ;r I IA° Figure 8: BoundaryAdjustment b: - ... _.. y Ln41 LCSRl31?[TC7 T'i' -` tI � 'p\ toy o •p—.rursmvs,�r- ., �r�y � � B I 177 w O ' 3- a ifi 11 1 ' rz:m a+" � A{d') l i., t�� � 1 "�' +,a ,r--- art.: r \ c•N_.:. - I 'd 1 �i t> fA€� 1' ' 1 �1� N i�'�.J'-.° •�`rq urP i ,I r.rl .•.v r-- 1 mr ( n t } 1 " - L.)M1r5 � � IIS � > ' ! � � y 1, •`, I .__I I I,. r11e.-r-6.1., -7ft C.I.4. Figure 9: UKian Ali put L L -al Iu USE 1- IGII1 to 1—C ®n —1-# 1 W%outo-1 -s A Runwa protection. Zone or Building o High risk v High noise levels 0 1Q Al Rerriai C��}"�,� a.�onet� 2CRE �.h T Y.= �t `�robitedt�s� within Restriction r Ttarmt[y-Aapiablei 1iestvi"Plra'g all r -U He Required Line gpprciach/peparture Zone and In All structures except Dedication of aviga- ft g p°1es, signs� 3i y 4, Substantial risk — aircraft 10 acres so 30 Required large trees, etc. Adjacent to Runway commonly below .400 it: AGL vine ards y �4 or.within 1,0t7Q ft of runway f sx Assemblages of pea - Substantial noise pie i.; EartandedApproach/pRoa�rg Sinlficant risk -aircraft cont- g 2 acres 60 30,91 Recommended 3a` %i3e be monlyr low 800 ft AGL limits 4 a Hazards to flights $ 5igniticatlt n®ise B0 e Schoois, day care Locate structures Common Traffic. Pattern Limited risk _ aircraft at or 15 units 150 9!?9G Recommended Single -story offices o Sin' a 5ingi homes on slons s Iniensivs retail uses below 1,000 IL AGL per acre ,family an existing lot p lniensive manufac- `�� Dedication of aviga- � Frequent noise in ' sion. turing or food pro, uses (e.g. amphI- tion easement 41 fd : i 'bia risk e9 Potential for annoyance from No Limit. Limit Nc R equirement �t Cohen Airport Environs ®Hotels and rnoteis Multi-famili residen- p�� a's`s otrerfiights o Y Hazards to flight6 Tablas 7A Current Compatibility CrItLELda Mendocino County ALUG 7-12 f L;�7Ff � � ';»xi „k' %3'{ (y y`eYY.—p Ad,tiitlt:rtal ppy}'. � /�a'itZf� 1 } � 4Pf ®t.Qr�� f Ft. 2.� $ .... / } y S v1 C(� s� .{ 5 GTi�B®,IT �g `d'�"jZS"'^+ %."•c-1;�,L.�• RTM• iN f .. i` i� C��}"�,� a.�onet� 2CRE �.h T Y.= �t `�robitedt�s� , ttf�ar 13eueiapmant r Ttarmt[y-Aapiablei 1iestvi"Plra'g all r -U He In All structures except Dedication of aviga- ft g p°1es, signs� ones with location Set tion easement pIr astures, large trees, etc. by aeronautical funs- vine ards y Von a Automobile parking f sx Assemblages of pea - K :f pie i.; objects exceeding FAR Part 77 height limits 4 a Hazards to flights B0 e Schoois, day care Locate structures a Uses in Zona Aa Residential subdi* k +Nand - oenters, libraries maximum distance runway Single -story offices o Sin' a 5ingi homes on slons s Iniensivs retail uses Hospitals; nursing from extended centerline ,family an existing lot p lniensive manufac- homes + Highly noise -sensitive Dedication of aviga- 0 Low-Intghkly retail, Of- turing or food pro, uses (e.g. amphI- tion easement frce, etc, Low -intensity manufac= ceasing uses ® Multiple story offices >t theaters) a Storage of highit. flani- tuning ®Hotels and rnoteis Multi-famili residen- mai;le materials o Food processing o Y Hazards to flight6 tial Schools Dedication of over, ® Uses In Zone, B a Large snapping ¢ Hospitals, nursing bight easement far $Parks, Piaygrounds naatts a Theaters, auditdri- hamess residential uses. 4 Two-story motels. Hazards .to nights Rssidaniiaf sutxiivsions ums 4?Intensive retail uses Large sports intensive rrttatiuifacturing stadiums r br food. processing uses Hi -rise offloe build- f�uiti-family residential. Ings Hazards to titgtite Deed notice required All except ones hazard - for residential devil- ous i0 (light oprnent Tablas 7A Current Compatibility CrItLELda Mendocino County ALUG 7-12 f Land Use ancl anvironmental Rues I Ch* NOTES I Residential parcels should not be smaller than the Indicated -size nor have more than the indicated number of units per acre. Maximum densities expressed in acres are gross acres; those expressed In units per acts, are net acres. 2 The land use should not attract more than the indicated number of people per acre at any time, This figure. should include all Individuals who may be on the property (e.g., employees, cu8i 'tomers/vIsitors, eta). These densities are intended as general planning guidell . nes to aid In determining the acceptability of proposed land uses. Special short term events related to aviation (e.g., air shows), as well as non. -aviation special events, are exempt from the maximum density criteria, 3 Open land requirements are intended to be applied with, respeqt to the entire zone. This is typically accomplisheda.s Part of the community's master plan or a specific plan. 4 These uses typically can, be designed to meet the density requirements and other development conditions Ilsied. 5 These uses typically do not meet the density and other development conditions listed. They should be allowed only if a major community objective is served by their location in this zone and no feas- ibleI alternativetoqation exists: 6 See Policy Section 3.3. 7 May be madiffed by airport-speoffic policies. 8 in those portions of the B Zones located lateral to the runway, no restrictions on the storage of flarntriables apply. Within the balance of the 131 and B2 Zones, up to 9,000 gallons of fuel or flammables is allowed per parcel. More. than 2,0.00 gallons of fuel or flammables per parcel wltWn the balance of the 131 and B2 Zones requires the review and approval by the ALUC. See Appendix G for a d1i ram of typical ical area lateral to the runway. 0 Refer to Policy 3.2.3. for definitions which distinguish between hospitals and medical clinics. Source: Mendocino County Airport Land Use Competibilly Plan (0clober 1993) Note: The criteria listed In this table are the countywide pblicies adopted by the Mendocino County Airport Land We Commission. Recommended modifications speciffically appficable to Ukiah Municipal Airport are discussed on page 7-22. Table 7A - Continued 7-13 P INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION ATTACHMENT 1 Aesthetics 1. A landscaping plan shall be prepared for the project. The landscaping plan shall include street trees along Orchard Avenue and is subject to Planning Commission review and approval as part of the Site Development Permit and Use Permit required for the project. 2. A 10 -foot tall masonry wall shall enclose the facility as shown on the plans. The masonry wall shall be a natural/earth-tone color. The color for the wall shall be included as part of the landscaping plan for the project. 3. A lighting plan is required to be submitted for review and approval of the Planning Commission as part of the Site Development Permit and Use Permit applications. Lighting fixtures shall meet the International Dark Sky Association standards and cutsheets shall be provided as part of Site Development Permit and Use Permit applications. Air Quality 1. Construction activities shall be conducted with adequate dust suppression methods, including watering during grading and construction activities to limit the generation of fugitive dust or other methods approved by the Mendocino County Air Quality Management District. Prior to initiating soil removing activities for construction purposes, the applicant shall pre -wet affected areas with at least 0.5 gallons of water per square yard of ground area to control dust. 2.The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of site preparation shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the Mendocino County Air Quality Management District. 3. During construction activities, the applicant/owner/contractor shall remove daily accumulation of mud and dirt on paved access lanes that serve the project site. 4.Any stationary on-site internal combustion engines over 50 horsepower (i.e. generators) may require a permit from the MCAQMD depending upon fuel source and level of operation. It is the responsibility of the City to contact the District regarding this matter and to secure any required permits prior to site preparation and construction activities. 5. All grading activities must comply with MCAQMD Regulation 1 Rule 430 regarding fugitive dust emissions. 6. The demolition of the residence requires application for and approval of a demolition permit from the City of Ukiah Community Development Department. An air quality permit from the Mendocino County Air Quality Management District is required to be submitted as part of the materials submitted for the demolition permit. Biological Resources 1. If site preparation and tree removal includes the spring bird nesting season (February through July), a preconstruction survey shall be conducted by a qualified professional within two weeks prior to removing any trees. If active nests (with eggs or living young) are found, no activity shall be permitted that might disturb or remove the active nests until the young birds are able to leave the nest and forage on their own. Empty nests may be removed. If eggs or young are present, the nests shall be left until the young birds Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 55 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION leave. Setback buffers for the nests will vary depending on the species affected and the location of the nest. Buffer zones shall be determined on a case by case basis in consultation with a California Department of Fish and Game biologist. Cultural Resources 1. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and City Planning Department staff shall be notified immediately of the discovery. The applicant (City of Ukiah Electric Utility) shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and, if deemed necessary, to develop a precise mitigation program prior to the continuation of any site work. 2. If artifacts are discovered during the excavation phase of the project, the Guidiville Indian Rancheria shall be notified immediately. 3. Pursuant to CEQA Guidelines Section 15064.5(e), in the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, (Health and Safety Code Section 7050.5) the following steps should be taken: 1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: A) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and B) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or 2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. A) The Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant failed to make a recommendation within 24 hours after being notified by the commission. B) The descendant identified fails to make a recommendation; or C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Geology and Soils 1. Native topsoil that is excavated shall be segregated and stockpiled on site for re -use in landscaped areas after rough grading is complete. 2. Unsuitable excavated material shall be removed from the site and disposed of in a manner consistent with applicable disposal regulations and recommendations included in the Recommendations Section of the Geotechnical Investigation prepared by Alan Kropp & Associates, October 16, 2008. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09 -07 -BSA -CE 56 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 3. All recommendations contained in the Alan Kropp & Associates Geotechnical Investigation Report, dated October 16, 2008 shall be incorporated into the project and/or implemented during all phases of site preparation and construction as appropriate. 4. A geotechnical engineer shall be required to be present during site grading, subgrade preparation, fill placement, foundation excavation and drainage installation in order to observe compliance with the design concepts, specifications, recommendations contained within the Geotechnical Investigation report and to allow for potential design changes in the event that subsurface conditions differ from those anticipated prior to the start of construction. 5. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared by the Project Contractor and Best Management Practices (BMP's) shall be specified for this project and implemented by the project contractor in accordance with the SWPPP pursuant to the Construction General Permit 99-08 of the State Water Resources Control Board (SWRCB). The SWPPP shall be reviewed and approved by the City of Ukiah Public Works Department and a Notice of Intent (NOI) shall be filed with the SWRCB. Pursuant to the Construction General Permit 99-08, the City and/or contractor shall designate a primary contact person who shall be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control measures to ensure that all BMP's are secured and functional both during and after such storm events. Hazards and Hazardous Materials 1. The Project Contractor/Engineer will be required to prepare a Spill Prevention Control and Countermeasure Plan (SPCCP) to be reviewed and approved by the City of Ukiah Public Works Department. As part of the SPCCP, absorbent materials will be stored on-site and all project -site employees will be properly trained to address any potential hazardous material spills in the event of an accidental release. 2. Storage of fuels on-site during the construction phase of the project shall not exceed 2,000 gallons at any given time pursuant to the Ukiah Municipal Airport Master Plan Table 7A: Current Compatibility Criteria, Note number 8. 3. The Contractor's vehicle and equipment cleaning, maintenance and fueling shall be staged and performed at the location designated by the City Public Works Director and pursuant to the SWPPP required to be prepared for this project. 4. During construction activities, construction equipment shall be maintained and kept in good operating conditions to reduce the likelihood of line breaks and leakage. 5. If contaminated soils are encountered during construction, proper storage and/or disposal of any contaminated soils that meet the definition of a hazardous waste shall be provided, and that such soils are removed for off-site treatment or disposal at an appropriate landfill. 6. Based on the age and construction type of the house located at 5 Robinson Lane it is suspected that lead based paint and asbestos containing materials may be present in the structure. This structure is proposed to be demolished and therefore shall be required to be assessed for the presence of these materials by a qualified professional (a Certified Asbestos Building Inspector). If these materials are found to be present, the requirements of the MCAQMD associated with the demolition of this structure shall be required, including any special permits of the MCAQMD. 7. Prior to issuance of a building permit, the applicant shall file form 7460-1 with the FAA and receive FAA approval for the proposed project. A copy of the completed 7460-1 form and FAA approval shall be submitted as part of the building permit application materials. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 57 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 8. Prior to issuance of a building permit, the applicant shall contact FAA Oakland Technical Support and receive any required approvals for the project. Written documentation of this contact and their approval shall be provided as part of the building permit application materials. Hydrology and Water Quality 1. The Project Contractor/Engineer will be required to prepare a Spill Prevention Control and Countermeasure Plan (SPCCP) to be reviewed and approved by the City of Ukiah Public Works Department. As part of the SPCCP, absorbent materials will be stored on-site and all project -site employees will be properly trained to address any potential hazardous material spills in the event of an accidental release. 2. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared by the Project Contractor and Best Management Practices (BMP's) shall be specified for this project and implemented by the project contractor in accordance with the SWPPP pursuant to the Construction General Permit 99-08 of the State Water Resources Control Board (SWRCB). The SWPPP shall be reviewed and approved by the City of Ukiah Public Works Department and a Notice of Intent (NOI) shall be filed with the SWRCB. Pursuant to the Construction General Permit 99-08, the City and/or contractor shall designate a primary contact person who shall be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control measures to ensure that all BMP's are secured and functional both during and after such storm events. Noise 1. The hours of construction shall be limited to 7:00 A.M to 6:00 P.M. Monday through Friday, and 9:00 A.M. to 4:00 P.M. on Saturday. Construction is prohibited on Sundays and holidays recognized by the City of Ukiah. Additional construction hours may be administratively approved by the Planning Director due to emergency circumstances. Transportation and Traffic Prior to issuance of a building permit, the applicant shall file form 7460-1 with the FAA and receive FAA approval for the proposed project. A copy of the completed 7460-1 form and FAA approval shall be submitted as part of the building permit application materials. 2. Prior to issuance of a building permit, the applicant shall contact FAA Oakland Technical Support and receive any required approvals for the project. Written documentation of this contact and their approval shall be provided as part of the building permit application materials. Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 58 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION ATTACHMENT 2 Mitigation Monitoring Program/Report Orchard Avenue Electric Substation APNs 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003-181-34; and 003-181-35 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 59 Project Name: Orchard Avenue Electrical Substation File Numbers: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE Address/Location: Orchard Avenue South of Gobbi Street APNs: 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003- 181-34; 003-181-35 Revised Mitigation Monitoring Report/Program Monitoring Responsibility City of Ukiah, California TO C71 v. & HaA Planning and Community Development Department Verification staff initials 300 Seminary Avenue Aesthetics: Mitigation Measures Ukiah, CA 95482 Project Name: Orchard Avenue Electrical Substation File Numbers: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE Address/Location: Orchard Avenue South of Gobbi Street APNs: 003-582-04; 003-582-08; 003-582-28; 003-582-29; 003-582-30; 003-582-33; 003-582-34; 003- 181-34; 003-181-35 Revised Mitigation Monitoring Report/Program Monitoring Responsibility Funding I Responsibility Timing Date Completed Verification staff initials Mitigation Measures Aesthetics: Mitigation Measures Planning and Planning 1) A landscaping plan shall be prepared for the project. The Community Commission landscaping plan shall include street trees along Orchard Avenue and Development Department Applicant review of Use Permit and Site is subject to Planning Commission review and approval as part of the Development Site Development Permit and Use Permit required for the project. Permit Added by Planning Commission Planning and Planning 2) A 10 -foot tall masonry wall shall enclose the facility as shown on Community Commission the plans. The masonry wall shall be a natural/earth-tone color. The Development Department Applicant review of Use Permit and Site color for the wall shall be included as part of the landscaping plan for Development the project. Permit Added by Planning Commission Planning and Planning 3) A lighting plan is required to be submitted for review and approval Community Commission of the Planning Commission as part of the Site Development Permit Development Department Applicant review of Use Permit and Site and Use Permit applications. Lighting fixtures shall meet the Development International Dark Sky Association standards and cutsheets shall be Permit provided as part of Site Development Permit and Use Permit applicati ns. Air Quality: Mitigation Measures Planning and Applicant Include on 1) Construction activities shall be conducted with adequate dust Community building permit suppression methods, including watering during grading and Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures Development plans. construction activities to limit the generation of fugitive dust or other Department methods approved by the Mendocino County Air Quality Effective for duration site Management District. Prior to initiating soil removing activities for preparation and construction purposes, the applicant shall pre -wet affected areas with construction. at least 0.5 gallons of water per square and of round area to control g P q Y 9 dust. Planning and Include on 2) The burning of construction debris is prohibited. Any disposal of Community building permit vegetation removed as a result of site preparation shall be lawfully Development Department Applicant plans. disposed of, preferably by chipping and composting, oras authorized Effective for by the Mendocino County Air Quality Management District. duration of construction. Include on 3) During construction activities, the applicant/owner/contractor shall building permit remove daily accumulation of mud and dirt on paved access lanes Planning and Community plans. that serve the project site. Development Applicant Effective for Department duration of site preparation and construction. Include on 4) Any stationary on-site internal combustion engines over 50 building permit horsepower (i.e. generators) may require a permit from the MCAQMD Planning and Community plans. depending upon fuel source and level of operation. It is the Development Applicant Effective for responsibility of the City to contact the District regarding this matter Department duration of site and to secure any required permits prior to site preparation and preparation and construction activities. construction. Include on 5) All grading activities must comply with MCAQMD Regulation 1 Planning and building permit Rule 430 regarding fugitive dust emissions. Community plans. Development Applicant Department Effective for duration of site preparation. As part of the 6) The demolition of the residence requires application for and Planning and Demolition Permit approval of a demolition permit from the City of Ukiah Community Community Applicant application. Development Department. An air quality permit is required to be Development submitted as part of the materials submitted for the demolition permit. Department Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures Biological Resources: Mitigation Measures Include on 1) If site preparation and tree removal includes the spring bird nesting building permit season (February through July), a preconstruction survey shall be plans. conducted by a qualified professional within two weeks prior to Prior to removing any trees. If active nests (with eggs or living young) are Planning and issuance of any found, no activity shall be permitted that might disturb or remove the Community Applicant permit or site active nests until the young birds are able to leave the nest and forage Development disturbance that on their own. Empty nests may be removed. If eggs or young are Department does not present, the nests shall be left until the young birds leave. Setback require a buffers for the nests will vary depending on the species affected and permit. the location of the nest. Buffer zones shall be determined on a case by case basis in consultation with a California Department of Fish and Game biologist. Cultural Resources: Mitigation Measures Include on 1) If, during site preparation or construction activities, any historic or building permit prehistoric cultural resources are unearthed and discovered, all work Planning and plans. shall immediately be halted, and City Planning Department staff shall Community be notified immediately of the discovery. The applicant (the City of Development Applicant Effective for Ukiah Electric Utility) shall be required to fund the hiring of a qualified Department & Public duration of site professional archaeologist to perform a field reconnaissance and, if Works staff preparation and deemed necessary, to develop a precise mitigation program prior to construction. the continuation of any site work. Planning and Effective 2) If artifacts are discovered during the excavation phase of the Community during the project, the Guidiville Indian Rancheria shall be notified immediately. Development Applicant excavation and Department & Public grading phases Works staff of the project Include on 3) Pursuant to CEQA Guidelines Section 15064.5(e), in the event of building permit the accidental discovery or recognition of any human remains in any Planning and plans. location other than a dedicated cemetery, (Health and Safety Code Community Section 7050.5) the following steps should be taken: Development Applicant Effective for Department & Public duration of site A)There shall be no further excavation or disturbance of the site Works staff preparation and or any nearby area reasonably suspected to overlie adjacent construction. human remains until: 1. The coroner of the county in which the remains are Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures discovered must be contacted to determine that no investigation of the cause of death is required, and 2. If the coroner determines the remains to be Native American: a. The coroner shall contact the Native American Heritage Commission within 24 hours. b. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. c. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or B) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. 1. The Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant failed to make a recommendation within 24 hours after being notified by the commission. 2. The descendant identified fails to make a recommendation; or 3. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Geology and Soils: Mitigation Measures Planning and Include on 1) Native topsoil that is excavated shall be segregated and stockpiled Community Development Applicant building permit on site for re -use in landscaped areas after rough grading is Department & Public plans. complete. Works staff Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures Effective for duration of site preparation and construction. Include on 2) Unsuitable excavated material shall be removed from the site and Planning and building permit disposed of in a manner consistent with applicable disposal Community plans. regulations and recommendations included in the Recommendations Development Applicant Section of the Geotechnical Investigation prepared by Alan Kropp & Department & Public Effective for Associates, October 16, 2008. Works staff duration of site preparation and construction. Incorporate 3) All recommendations contained in the Alan Kropp & Associates Planning and into building Geotechnical Investigation Report, dated October 16, 2008 shall be Community permit plans. incorporated into the project and/or implemented during all phases of Development Applicant site preparation and construction as appropriate. Department & Public Effective for Works staff duration of site preparation and construction. Include on 4) A geotechnical engineer shall be required to be present during site building permit grading, subgrade preparation, fill placement, foundation excavation Planning and Community plans. and drainage installation in order to observe compliance with the Development Applicant design concepts, specifications, recommendations contained within Department & Public Effective for the Geotechnical Investigation report and to allow for potential design Works staff duration of site changes in the event that subsurface conditions differ from those preparation and anticipated prior to the start of construction. construction. Include on 5) A Storm Water Pollution Prevention Plan (SWPPP) shall be building permit prepared by the Project Contractor and Best Management Practices plans. (BMP's) shall be specified for this project and implemented by the Include project contractor in accordance with the SWPPP pursuant to the information as Construction General Permit 99-08 of the State Water Resources Planning and Community part of building Control Board (SWRCB). The SWPPP shall be reviewed and Development Applicant permit approved by the City of Ukiah Public Works Department and a Notice Department & Public submittal. of Intent (NO[) shall be filed with the SWRCB. Pursuant to the Works staff Construction General Permit 99-08, the City and/or contractor shall designate a primary contact person who shall be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control measures to ensure that all BMP's are secured and functional both during and after such storm events. Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures Hazards and Hazardous Materials: Mitigation Measures Applicant Include on 1) The Project Contractor/Engineer will be required to prepare a Spill building permit Prevention Control and Countermeasure Plan (SPCCP) to be Planning and plans. reviewed and approved by the City of Ukiah Public Works Community Effective for Department. As part of the SPCCP, absorbent materials will be Development Department & Public duration of site stored on-site and all project -site employees will be properly trained Works staff preparation and to address any potential hazardous materials ills in the event of an p construction. accidental release. Include on 2) Storage of fuels on-site during the construction phase of the Planning and building permit project shall not exceed 2,000 gallons at any given time pursuant to Community Development Applicant plans. the Airport Master Plan, Land Use and Environmental Issues, Table Department & Public Effective for duration of site 7A, Note number 8. Works staff preparation and construction. Include on 3) The Contractor's vehicle and equipment cleaning, maintenance Planning and building permit and fueling shall be staged and performed at the location designated Community Development Applicant plans. by the City Public Works Director and pursuant to the SWPPP Department & Public Effective for duration of site required to be prepared for this project. Works staff preparation and construction. Planning and Effective for 4) During construction activities, construction equipment shall be Community Development Applicant duration of site preparation and maintained and kept in good operating conditions to reduce the Department & Public construction. likelihood of line breaks and leakage. Works staff Effective for 5) If contaminated soils are encountered during construction, proper Planning and Community duration of site preparation and storage and/or disposal of any contaminated soils that meet the Development Applicant construction. definition of a hazardous waste shall be provided, and that such soils Department & Public are removed for off-site treatment or disposal at an appropriate Works staff landfill. Planning and Include on 6) Based on the age and construction type of the house located at 5 Community building permit Robinson Lane it is suspected that lead based paint and asbestos p Development Applicant plans. containing materials may be present in the structure. This structure is Department proposed to be demolished and therefore shall be required to be Required prior assessed for the presence of these materials by a qualified Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff initials Mitigation Measures to building professional (a Certified Asbestos Building Inspector). If these permit or demolition materials are found to be present, the requirements of the MCAQMD permit associated with the demolition of this structure shall be required, issuance. an includingspecial permits of the MCAQMD. y p Planning and Required prior 7) Prior to issuance of a building permit, the applicant shall file form Community Applicant to building 7460-1 with the FAA and receive FAA approval for the proposed Development Department permit issuance. project. A copy of the completed 7460-1 form and FAA approval shall be submitted as part of the building permit application materials. 8) Prior to issuance of a building permit, the applicant shall contact Planning and Required prior FAA Oakland Technical Support and receive any required approvals Community Applicant to building for the project. Written documentation of this contact and their Development Department permit issuance. "' approval shall be provided as part of the building permit application materials. Hydrology and Water Quality: MitigationMeasures Provided as 1) The Project Contractor/Engineer will be required to prepare a Spill part of the building permit Prevention Control and Countermeasure Plan SPCCP to be ( ) Planning and Community plans reviewed and approved by the City of Ukiah Public Works Development Applicant Department. As part of the SPCCP, absorbent materials will be Department & Public stored on-site and all project -site employees will be properly trained Works staff to address any potential hazardous material spills in the event of an accidental release. Prior to 2) A Storm Water Pollution Prevention Plan (SWPPP) shall be issuance of a building permit prepared by the Project Contractor and Best Management Practices (BMP's) shall be specified for this project and implemented by the project contractor in accordance with the SWPPP pursuant to the Planning and Construction General Permit 99-08 of the State Water Resources Community Control Board (SWRCB). The SWPPP shall be reviewed and Development Applicant approved by the City of Ukiah Public Works Department and a Department & Public Works staff Notice of Intent (NO[) shall be filed with the SWRCB. Pursuant to the Construction General Permit 99-08, the City and/or contractor shall designate a primary contact person who shall be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control measures to ensure that all BMP's are secured and functional both Monitoring Funding Responsibility Timing Date Completed Verification staff initials Miti ation Measures g` during and after such storm events. Noise: Mitigation Measures Include on 1) The hours of construction shall be limited to 7:00 A.M to 6:00 building permit P.M. Monday through Friday, and 9:00 A.M. to 4:00 P.M. on Planning and plans. Saturday. Construction is prohibited on Sundays and holidays Community Development Applicant Effective for recognized by the City of Ukiah. Additional construction hours Department & Public duration of site may be administratively approved by the Planning Director due Works staff preparation and to emergency circumstances. construction. Transportation and Traffic: Mitigation Measures Include 1) Prior to issuance of a building permit, the applicant shall file form information as 7460-1 with the FAA and receive FAA approval for the proposed part of building project. A copy of the completed 7460-1 form and FAA approval Planning and permit shall be submitted asart of the building p g permit application Community Applicant submittal. materials. Development FAA approval pp Department Staff required prior to issuance of building permit. Include 2) Prior to issuance of a building permit, the applicant shall contact information as FAA Oakland Technical Support and receive any required approvals part of building for the project. Written documentation of this contact and their permit approval shall be provided as part of the building permit application Planning and submittal. materials. Community Applicant Documentation Development of contact and Department Staff approval required prior to building permit issuance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 CITY OF December 10, 2009 Minutes COMMISSIONERS PRESENT Judy Pruden, Chair Anne Molgaard, Vice Chair Linda Helland Linda Sanders Mike Whetzel STAFF PRESENT Charley Stump, Director of Planning Kim Jordan, Senior Planner Cathy Elawadly, Recording Secretary ATTACHMENT OTHERS PRESENT Listed below, Respectively 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Pruden at 6:00 p.m., Old F.S.S. Building, Ukiah Airport Terminal, 1403 South State Street, Ukiah, California. 2. 1 ROLL CALL Roll was taken with the results listed above. 3. PLEDGE OF ALLEGIANCE Everyone cited the pledge of Allegiance. 4. SITE VISIT VERIFICATION Site visit for agenda item 9A was verified. 5. APPROVAL OF MINUTES None. 6. 'COMMENTS FROM AUDIENCE ON NON -AGENDA ITEMS None. 7. APPEAL PROCESS Chair Pruden read the appeal process. For matters heard at this meeting, the final date for appeal is December 21, 2009. 8. VERIFICATION OF NOTICE — Agenda item 9A was publicly noticed in accordance with the provisions of the Ukiah Municipal Code. 9. PUBLIC HEARING 9A. Orchard Avenue Electric Substation File Nos. 09 -03 -GPA -CC, 09-04-R -CC, 09 -05 - SDP -PC, 09 -06 -UP -PC, 09-07-BLA-CE. Review and possible adoption of a Mitigated Negative Declaration for a General Plan Amendment, Rezoning, Site Development Permit and Use Permit for a new electric substation on the west side of Orchard Avenue between East Gobbi Street and Cindee Lane. Should the Planning Commission adopt the Mitigated Negative Declaration, the Commission would consider and make a recommendation on the project to the City Council. Senior Planner Jordan gave the staff report. MINUTES OF THE PLANNING COMMISSION Page 1 December 10, 2009 I Planning Commission comments: 2 3 Chair Pruden: Mitigated Negative Declaration — Cultural Resources, page 17: 4 ® Questioned the age of the single family dwelling on the site and whether it has historical 5 cultural value. There may be a discrepancy between documents. 6 ® The Mitigated Negative Declaration indicates based on records from the Mendocino 7 County Assessor's Office that construction of the residence began in 1962 and was 8 completed in 1978. Another document indicates it was built in 1957. 9 ® There is a different figure used in the Mitigated Negative Declaration; Is concerned with 10 consistency thereof. The structure was certainly built before 1962 and it has all the 11 appearance of a home built in the late 1940s or latest early 50s. 12 ® The Mitigated Negative Declaration indicates that buildings, structures, and objects 45 13 years or older may be of historical value. The City base is 50 years rather than 45 years. 14 ® If the building is more than 50 years old, it is subject to the City's demolition ordinance. 15 16 Staff: 17 0 Staff used Assessor property records as a basis for the age of the building and consulted 18 with the County Assessor's Office staff. They indicated the age as described in the Initial 19 Environmental Study and that the building was built over time. Based on this information, 20 construction of the house was completed in 1978. 21 ® The house at that site matches the building footprint and layout as drawn and described 22 on the Assessor residential property records. 23 ® The CkQA threshold for historical significance is 45 years, based on a construction 24 completion date of 1978, the residential dwelling is not considered to be a historical 25 resource. 26 ® The Phase I Environmental Site Assessment (ESA) identified the owners of the property 27 and none are known to be associated with events that made a significant contribution to 28 the broad patterns of California's history or cultural heritage. The site and building are not 29 known to be associated with persons known to be important to the history of Ukiah or 30 California. 31 32 Chair Pruden: Is of the opinion the house was moved to the site and that house was built before 33 1962 since she does the historical resource evaluations for the City Demolition Review 34 Committee. 35 36 Staff: 37 ® The way the assessor's information is written indicated the house was partially 38 constructed on the site and not finished until the 1978 date. 39 ® If the intent is to determine the information is inadequate and that the house has some 40 historic value, this can be done. 41 42 Chair Pruden: Will take a closer look at the matter. She is of the opinion the house was 43 constructed in the late 40s or early 50s moved onto the site and later remodeled, making the 44 house more than 50 years old. 45 46 Commissioner Whetzel: This may very well have been an 'old mill house' and moved onto the 47 site, noting this was common in the Betty Street/Lorraine Street neighborhood. 48 49 Chair Pruden: Recommends adding a narrative to reflect a slightly revised history since the 50 structure appears to be 50 years or older. If the structure is indeed built before 1959, it would be 51 required to go through City Demolition Review. 52 53 There was discussion whether the Mitigated Negative Declaration can be adopted tonight if there 54 is the potential for a significant impact to a historical resource because this will have to be 55 evaluated. MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 2 I Chair Pruden: Acknowledged this problem and stated there is no evaluation on the subject 2 property. 3 4 Planning Director Stump: The technical information indicates that the age of structure is not 50 5 years or older. While the building may have been moved to the site, the records do not indicate 6 this occurred. 7 8 Commissioner olgaard: If the residence had been moved, is the age of building counted or 9 the age of building at that particular site. 10 11 Chair Pruden: The age of the building is what counts. As far as the records, if the building was 12 placed on the site in 1962 this would count as the beginning period for this house for this parcel. 13 In terms of her expertise, the house is older than what the records indicate. 14 15 Planning Director Stump: It may be the Mitigated Negative Declaration cannot be adopted at 16 this point in order to research the age of the house on the site. A document cannot be acted upon 17 without resolving the issue prior to. 18 19 Chair Pruden: While her expertise tells her the age of the house is older than 1962 or 1978, it 20 probably has no historical value. Her assumption is that the house was a moved building from 21 some other location. 22 23 There was a brief discussion about possible alternative actions the Commission could legally take 24 to be able to move forward on adopting the Mitigated Negative Declaration. 25 26 Planning Director Stump: From the CEQA standpoint, the threshold is 45 years while the local 27 rule is 50 years or older and City Council approval of a demolition permit is required. The 28 technical records indicate the threshold has not been broken so if the Commission chooses to 29 move forward with the Mitigated Negative Declaration it would be acceptable from a CEQA 30 perspective. One option would be to further investigate the age of the structure and to require 31 Demolition Permit review if the building is more than 50 years old prior to City Council review of 32 the Mitigated Negative Declaration and project. 33 34 The Commission agreed with the latter option. 35 36 Commissioner Helfand: Mitigated Negative Declaration 37 Page 14, General Plan Goals/Implementation measures are fairly clear with regard to 38 'Maintain and enhance the City's canopy of shade trees, protect the existing healthy 39 mature trees, incorporate measures to maintain and enhance the urban tree canopy and 40 ensure healthy trees are not removed unnecessarily. New development must emphasize 41 the protection of existing significant trees, incorporating them into site planning and 42 development of property. Mature trees are to be protected during construction and 43 integrated into the site development design whenever possible. Protect healthy native 44 and exotic specimen trees.' 45 ® The arborist report indicates 12 of the 14 existing trees are not healthy. 46 ® The two trees that are healthy exist in the middle of the planned development and would 47 have to be removed, which is unfortunate. 48 ® is it possible for the design to be modified to accommodate these healthy trees, 49 particularly the 5 -foot high Redwood Tree? 50 ® Would like more information about the root system and safety risks. 51 52 Director of Public Utilities Mel Grand! 53 Introduced the project consultants, Chuck Williams (EMF) and Anthony Hanson, project 54 engineer. MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 3 1 ® The City needs a new substation to add transformer capacity before the system 2 electrical demand reaches 37 Megavolt Amperes (MVA), which is estimated to occur 3 in the summer of 2010. 4 ® An evaluation of the alternatives determined the most feasible option to increase the 5 transform capacity is the replacement of the existing Gobbi Substation with a facility, 6 Orchard Substation. 7 ® The existing facility will remain as a Public Facility, operated by the City of Ukiah 8 Electric Utility Department. 9 ® The existing facility will no longer serve the electrical load for the City when the new 10 facility is completed. 11 0 The two transformers currently in the substation will be relocated to the new facility. 12 ® The existing transmission line on the east side of the site will remain and the line 13 extended to the west to service the new facility. 14 ® The existing communications/control enclosure will remain in service. 15 i The remaining electrical equipment located in the facility, including circuit breakers, 16 switches, insulators, bus and steel support structures will be removed from the site 17 -and surplused, recycled or sent to a disposal site if the items cannot be surplused or 18 recycled. The below grade facilities, including foundations, conduits and cables, and 19 vaults will remain in place. 20 The new facility will include three components, an electrical substation, an extension 21 to a transmission line, and an underground electrical distribution ductbank. 22 23 Anthony Hanson, Consultant RW Beck: 24 i The project objective is to have a reliable energy source to meet public demand. 25 ® When looking at potential locations, the only feasible option was to expand in the general 26 vicinity of existing electrical substation. 27 ® The site across the street was an ideal location for minimum expansion of the 28 transmission line. The intent is to extend the transmission line directly west from the 29 existing substation to the new substation so it is a straight line having minimal -impact. 30 ® With regard to the root system of the trees, the project requires fill which would undercut 31 into the ground and disturb the root system of the trees. In terms of public safety and 32 security concerns, the root system could potentially disrupt foundations/control cables 33 and other operational equipment. There will be a lot of underground wiring and other 34 necessary equipment/systems incorporate to protect personnel and people in the area. 35 36 Staff: 37 ® If the Commission wants to set the substation closer to Gobbi Street to accommodate the 38 Redwood tree, this is not possible because there is not sufficient room since the new City 39 well is located in this area and the substation requires the full width of the site. Also, if the 40 substation location is. moved to the north, the transmission line would have to be moved 41 south, which would require extra poles and equipment. 42 ® The location of the facility as shown in the most feasible since the intent is to 43 o Maintain a one -acre parcel (Parcel 2) that could potentially be developed with a 44 gateway commercial project. Also, the sale of this property would help pay for 45 part of the cost of the substation. The zoning for this parcel is C1 and will not 46 change. 47 o Reduce the visual impacts to the gateway by setting it back from East Gobbi 48 Street. 49 50 Chair Pruden: Recommends the Aerial/Regional Vicinity Map be more appropriately detailed for 51 informational purposes. 52 53 Staff: Clarified the Regional Vicinity Map is an aerial view of the region and is not intended to be 54 an aerial view of the site. 55 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 4 I Commissioner elland: Mitigated Negative Declaration 2 Page 15, 4 Popular Trees. Inquired whether these trees located on the west edge of the 3 site need to be removed. 4 5 Utility Director Grand!: The intent is for all trees on the property to be removed for maintenance 6 or substation security issues. There are two types of security issues: 1) Do not want leaves or 7 small branches to fly into the facility creating a hazard to the equipment and personnel. 2). Do not 8 want any trees/vegetation near the substation wall to act as a climbing aid into the facility. 9 10 Commissioner olgaard: Mitigated Negative Declaration 11 Page 7, Aesthetics. Staff checked box 'less than significant impact' for item I(c), 12 substantially degrades the existing visual character or quality of the site and its 13 surroundings; Disagrees with staffs analysis that the project does substantially degrade 14 the existing visual character or quality of the site and surroundings. Supports checking 15 the box 'Less than significant with mitigation incorporated' because the project is located 16 in one of the City's gateways. Noted, providing power to the City is more important than 17 the aesthetic impacts. 18 19 Staff: Must create mitigation measures if 'less than significant with mitigation incorporated' box is 20 checked. 21 22 Commissioner olgaard: The design of the wall and landscaping plan can be the mitigating 23 measures to address aesthetic impacts. 24 25 Chair Pruden: Proposed another mitigation measure and this would be to change the zoning 26 designation for Parcel 2 from C1 to PF and extensively landscape that section that fronts East 27 Gobbi Street and Orchard Avenue. 28 29 Increasing the landscaping for the project would be another mitigation measure concerning 30 'Aesthetics.' 31 32 Planning Director Stump: The intent for Parcel 2, the remaining vacant parcel on the corner, 33 was to sell it to help defray the cost of the new substation. There has been some commercial 34 interest expressed. It may be the City could increase the right-of-way at the Gobbi Street/Orchard 35 Avenue corner to allow for a Welcome to Ukiah' sign and landscaping for aesthetic purposes. 36 37 Chair Pruden: Could not support a residential development close to a substation. 38 39 Commission consensus: 40 The language in the Mitigated Negative Declaration relative to 'Aesthetics' should reflect that 41 additional landscaping and design enhancement to the wall are the mitigating measures. 42 43 Commissioner olgaard: Concerned from a health and safety standpoint about the existing 44 homes near the proposed facility. 45 ® Asked the EMF consultant to elaborate on electric magnetic fields in connection with 46 electric power systems. 47 ® Asked if the consultant would want his family to live next to a substation? 48 49 Chuck Williams: 50 ® Attachments 7A and 7B provide scientific information/data and an analysis about electric 51 magnetic fields and electric power systems as they relate to electric fields and magnetic 52 fields. 53 i Yes, he would live next to a substation and described a similar situation concerning his 54 best friend who essentially asked the same question wherein his recommendation was 55 also yes. MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 5 1 ® The frequency (EMF levels) of a power system (lines and substations) is determined by 2 the rate at which electric and magnetic fields change their direction each second. 3 ® EMF levels from power facilities can be reduced in three primary ways: shielding, field 4 cancellation or increasing the distance from the source. 5 ® Electromagnetic emissions from cell, broadcast, and other radio communications 6 systems are different and the standards regulating exposure/frequency levels are set by 7 the FCC. 8 ® There has been extensive research conducted regarding electric and magnetic fields in 9 association with electric power systems and potential health effects from exposure to 10 electric and magnetic fields (EMFs) from the electric power systems. 11 ® Based on his expertise in the field of electric power systems, the proposed substation 12 poses no concern to persons living nearby.. 13 ® Electric fields from power systems are created whenever the systems are energized with 14 the strength of the field dependent directly on the voltage creating it. Unlike magnetic 15 fields, which penetrate almost everything and are unaffected by buildings, trees, and 16 other obstacles, electric fields are distorted by any object that is within the electric field 17 including the human body. 18 ® Magnetic fields from power systems are created whenever current flows through power 19 lines and substations at any voltage. 20 ® Appendix B (Attachment 7C) provides an analysis/comparison of the electric and 21 magnetic fields for transmission lines relative to voltage (electrical field) measured in kVs 22 and current (magnetic field) measured in Amps for the proposed project. 23 24 Chair Pruden: There is. a great deal of public interest and concern regarding potential health 25 effects from exposure to EMFs from electric power systems. 26 27 Public Utility Director Grand!: There is a notable difference between a cell tower that is 28 designed to emit and transmit that energy versus a power distribution station at a low frequency. 29 The substation is designed with the natural tendency to 'cancel out' its own emitted EMFs. 30 'Electricity has been around for more than a 100 years. The proposed substation is essentially 31 nothing new. 32 33 Chair Pruden:' 34 ® The term 'EMF' is automatically placed in a category regardless of the statistics because 35 of people's perception. The question is at what threshold/level are EMFs considered safe 36 when working/living in close proximity to a substation? 37 ® Recalled a project where a wireless communication company proposed to put a cell 38 tower inside a historical church steeple so as not to be visible. The Planning Commission 39 asked the applicants to post a sign advising people that a wireless communication facility 40 exists on the site for people to make their own choice. 41 ® Regardless of the science the topic of electromagnetic fields is a personal matter. 42 Would not live near a substation even though the science says it is safe. 43 44 Commissioner olgaard: Regardless of the science concerning EMFs, there are unknowns in 45 this regard. 46 47 Commissioner Helland: From a public health perspective trusts the World Health Organization 48 guidelines. According to the analysis and .various scenarios presented in the EMF studies 49 provided, the project is below the guideline standards. It is clear, however, there is some 50 significant possibility that carcinogenic health hazards may be associated with EMF at high levels. 51 52 Commissioner Sanders: Mitigated Negative Declaration 53 ® Is the Bush/Low Gap Road substation still active? Ukiah has two substations? 54 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 6 I Staff: This substation is still active and is considered more - of switching station 2 rather than a substation. 3 4 Commissioner Sanders: Mitigated Negative Declaration 5 s Appreciates the distinction made between substations and cell towers. Shielding — If the 6 site is being cleared to accommodate the equipment, there will be no trees for shielding 7 purposes. Will the cement wall help with shielding of the electric -magnetic fields? 8 9 Chuck Williams: There is shielding in terms of the interaction that occurs with regard to the 10 electromagnetic field. There is an electric field component and a magnetic field 11 component. Unlike the magnetic field, the electric field can be shielded. The wall would act as a 12 block/shield for an electric field, but not for a magnetic field. Accordingly, a tree, for instance, 13 would provide protection from the electric field, but not from the magnetic field. A wall would 14 provide shielding from the electric fields generated by the equipment inside the substation. 15 16 Commissioner Sanders: Mitigated Negative Declaration 17 How do the overhead lines impact the public? Does the height of poles have to do with 18 EMF emissions? 19 20 Chuck Williams: 21 ® Like the substation, the transmission line will generate fields where the 22 interaction that occurs is different. The fields generated essentially cancel one 23 another. The other phenomenon about electric and magnetic fields is how they both 24 attenuate the distance from the source. So as one moves away from the source that 25 generates the fields, the EMFs emitted fall off. From a transmission line versus a 26 substation perspective, the transmission line is higher in the air and more distant so that 27 the source is further away and the field emissions lower. 28 o The height of the poles is not related to the strength of the fields. it is actually 29 related to the voltage in the wires and is considered an `electrical shock issue.' The 30 National Electrical Safety Code is the applicable standard that addresses wires at a 31 particular voltage in space that are not fenced. Electrical wires differ from a substation 32 because a substation facility is fenced and a secure site that the public cannot access. 33 There is, however, a minimum clearance standard for power lines. 34 35 Commissioner Sanders: Mitigated Negative Declaration 36 What is the reason for the special fill necessary at the site and whether this pertains to 37 electric impacts. Asked about if there were health benefits associated with 38 undergrounding electrical components versus housing the equipment as proposed in the 39 documents. 40 41 Chuck Williams: 42 i It is not special fill, but dirt that is more suitable for foundation purposes than what is 43 existing. 44 ® With regard to EMF and undergrounding of equipment the source transmission 45 line would be underground to the facility. There is a different technique for 46 underdergrounding of transmission lines. While there is a height above ground 47 requirement for bare wires to comply with safety issues when transmission lines are 48 undergrounded they are in insulated cable form. Such wires can be buried relatively 49 shallow (3-4 feet underground) compared to 30-50 feet in the air. The voltage would be 50 shielded, but the current (magnetic field source) is now closer to the public. The cables 51 can be placed closer to one another than the overhead wires so there are some 52 cancellation affects. 53 As one moves away from the peak of the line, the EMFs drop off. That equivalent peak 54 relative to the magnetic field value for underground line versus overhead is a much 55 higher peak having a much larger number. The attenuation because of how lines are MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 7 1 closer together on cancellation drops off more steeply. While this presents less of a 2 problem in some ways, the magnetic field peak number is higher in the 3 community when lines are placed underground. It is higher because the lines are in 4 closer physical proximity to persons. 5 6 Commissioner Sanders: Mitigated Negative Declaration 7 e Pages 16-19 Cultural Resource section — Good. 8 e Page 22, Hazards & Hazardous Materials, section I, Expose people to a 9 significant risk related to Electric and Magnetic Fields, and whether the Commission 10 agrees this item should be checked 'No impact.' 11 12 Commission: Agrees this item should be checked 'No impact.' 13 14 Anthony Hanson: 15 A lot of the 13kV exit circuits leaving the substation will be underground. 16 17 Chair Pruden: The question is whether the substation would expose people to significant risk 18 wherein the trigger is 'significant risk.' The data indicated there would be no significant risk. The 19 question asks about exposure. Will people be exposed and then whether this exposure poses a 20 significant risk. 21 22 Commissioner Helfand: It is less of a risk than having a VCR or television on in the room. 23 24 Commissioner tMolg4ard: There has to be some impact with an electrical facility of this type. 25 26 Chuck Williams: Agrees, there would be no significant risk. In terms of standards measured for 27 risk, the facility is at the low end of the spectrum and not even near the threshold of risk. 28 29 Commissioner Sanders: Mitigated Negative Declaration 30 ® Page 31, Energy, Section 4.06 Energy Suppliers, Goal EG -8, Manage existing 31 energy resources to meeting increased demands and explore the use of new energy 32 efficient technologies. It follows that if the project is using new equipment, the system will 33 be more efficient? 34 35 Anthony Hanson: 36 One way to look at this matter is that the addition of a third transformer 37 addresses the capacity issue and increases reliance. Moreover, there would be 38 sufficient capacity for the City to provide power if one element/transformer were 39 lost. The newer operation of having three transformers will essentially split the 40 load into thirds. The transformers have 'losses' associated with performance so as the 41 current flowing goes up, the losses increase so when the load capacity is split, the losses 42 are 'proportionately squared' thus reducing the losses on the system by having a third 43 transformer. 44 45 Commissioner Sanders: Mitigated Negative Declaration 46 With the increase in capacity with the third transformer, approximately how many more 47 residents or businesses will the City be able to serve as a result? 48 49 Anthony Hanson: 50 ® Technically explained how capacity would increase with the performance of a third 51 transformer as -opposed to placing a load and losses incurred on having two transformers 52 like the Orchard Substation. In this case, the load would be split proportionately into 53 thirds. Money in terms of energy efficiency is actually being saved by adding a third 54 transformer having a lower capacity level to be split with the other two transformers as MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 8 1 opposed to two transformers having a higher capacity/performance level that would 2 proportionately have to be split between two transformers. 3 4 Staff: Only services people in the City limits. 5 6 Commissioner Sanders: 7 Is energy conservation being promoted as well as is possible in this community in terms 8 of encouraging solar use and other types of applications. 9 10 Staff: There are programs available in this regard. These programs must be advertised so the 11 public has knowledge they exist. 12 13 Commissioner Sanders: Asked the Commission if there should be more discussion about 14 energy conservation and associated programs in the Mitigated Negative Declaration? 15 16 There was discussion about whether this could potentially be made a City Ordinance. 17 18 Senior Planner Jordan: 19 With regard to page 30, Land Use Planning, item b, would the project conflict with any 20 applicable land use plan, policy, or regulation of an agency with jurisdiction over the 21 project, including, but not limited to the general plan, specific plan, local coastal program 22 or zoning ordinance adopted for the purpose of avoiding or mitigating an environmental 23 effect? 24 Has an understanding of Commission issues and concerns expressed for projects after 25 having worked with this body. The discussion was provided in the Initial Environmental 26 Study as information that may be of interest to the Commission. It could be omitted from 27 the document since none of the goals or policies discussed in the Initial Environmental 28 Study were adopted to mitigate an environmental effect and then these goals and policies 29 would only be discussed in the staff report. 30 31 Commissioner olgaard: Is aware of other city -owned electrical facilities that are doing a lot of 32 comparisons and using peer pressure to reduce use by providing information about average use 33 in the neighbor and citywide in the monthly utility bill. People typically want to be better than their 34 neighbors. 35 36 Public Utilities Director Grandis There are four energy efficient program areas the City is 37 required by the State to have available: Solar, Research & Development, Conservation and Low 38 Income. The City Council decides the funding for each of these program areas. 39 40 Commissioner Sanders: Mitigated Negative Declaration 41 ® Page 32, Community Design, The project would not degrade the appearance of the 42 Gobbi Street gateway based on the above. The project may enhance the appearance of 43 the Gobbi Street frontage/gateway with the installation of street trees and the creation of 44 a .90 acre parcel that could accommodate a commercial development project at the 45 comer of Gobbi Street and Orchard Avenue. 46 ® Open Space and Conservation: GP Goal OC -24: Replace aging trees with new 47 trees. Implementation Measure (C -24.1(a): should read: Implement the program to 48 replace aging trees giving preference to native species. 49 Do the Commissioners agree with the Community Design, paragraph 5 aspect? 50 51 Staff: The discussion in this section related to zoning of the General Plan is really a policy 52 discussion about the project for informational purposes. None of the goal/implementation 53 measures were adopted. As mitigation measure for the General Plan or Zoning Code. The 54 information in this section is relevant to the General Plan and Rezone to PF portion of the project 55 in terms of GP consistency. 56 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 9 I Commissioner Sanders: Mitigated Negative Declaration 2 ® Page 44, Utilities and Service Systems, item c, The project will introduce minimal new 3 impervious surfaces. Most of the project will be grass area, gravel area, and 4 landscape area. Reference to a grass area is not addressed in the Landscaping Plan. 5 6 Staff: Referenced `Sheet 5' of the project, there is a section that refers to a grass area and is a 7 part of the landscape area. The landscape and grass areas -should have been added together. 8 9 Commissioner Sanders: Mitigated Negative Declaration 10 Page 44, item f, Construction of the project will result in debris and other solid waste 11 being sent to local landfills. The includes removal of an existing building that is in poor 12 and likely contains lead paint and asbestos based on the Phase 1 ESA prepared for the 13 project. Therefore, this building is not suitable for recycling and salvage of materials. 14 Also, the Fire Department has requested use of the building for a practice drill. 15 ® Can staff elaborate on what the Fire Department will be doing. 16 17 Director of Public Utilities Grandi: The City Fire Department would like to use the building for 18 training purposes, such as tearing down walls and/or the burning of the structure. 19 20 It was noted that any the hazardous materials are removed prior to the Fire Department using the 21 building for training. Mendocino County Air Quality Control and/or other professional will look at 22 the building and make a determination as to the types of hazardous materials that would have to 23 be removed prior the burning of the structure. 24 25 Commissioner Sanders: Mitigated Negative Declaration 26 Noise, pages 34-38. How much of a noise impact will the third transformer have? 27 28 Staff: The noise factor was approached by looking at what is the existing noise level .and the 29 noise level plus the project and this data is compared, in, this case, to the HUD standard for noise. 30 What has been learned is that there will be a slight increase in noise, but will still fall within the 31 HUD standards for what is normally acceptable and conditionally acceptable for noise level fora 32 single family or multi -family development. The wall around the perimeter of the facility will reduce 33 the noise level to some degree but is not required since the project meets HUD standards. 34 35 Public Utilities Director Grand!: The project meets the HUD standards without the wall.. 36 37 Commissioner hetzel: Mitigated Negative Declaration 38 His concerns are Airport related specific to Airport traffic, magnetic deviations. There are 39 two existing transformers basically in line with the Airport departure point concerning the 40 IFR Departure. These concerns are not discussed in the Mitigated Negative Declaration 41 with regard to impacts to navigational aspects of the Airport. 42 43 Staff: Page 24, item e, discusses the fact that the project is located within the land use plan for 44 the Airport. Since the project includes a General Plan Amendment to .change the land use 45 designation from High Density Residential and Commercial to Public, the project was required to 46 be referred to the Mendocino County AirportLand Use Commission (ALUC). The acceptable and 47 prohibited uses in the B2 zone do no specifically identify the type of facility proposed, an electric 48 substation. The City distributed a copy of the project application to the ALUC for review and 49 comment. The ALUC discussed the project and does not anticipate there would be any issues 50 because there have been none in the past and that the project is compatible with the 51 Comprehensive Airport Land Use Plan. The ALUC did recommend City staff contact the FAA 52 person who conducts the maintenance on the DME/Iocalizer in regards to potential impacts of 53 electrical interference. The ALUC concluded since the project is not directly under the flight path, 54 there most likely would be no interference with communications or navigation. The FAA has 55 provided written comments wherein form 7406 is required to be filed prior to the installation of the 56 project since such installations may cause problems with their systems. MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 10 1 2 Commission Consensus regarding recommended changes to theitigated Negative 3 Declaration: 4 Cultural Resource, Page 17 — Project appears to be 50 years or older. Recommend the 5 house located at 5 Robinson Lane go through Demolition Review process even though it 6 is likely the structure has no historical value to the community. 7 • Aesthetics, Page 7, item c, The project substantially would degrade the existing visual 8 character or quality of the site and its surroundings. Recommended the box 'Less Than 9 Significant with Mitigation Incorporated' be checked as opposed to 'Less than Significant 10 Impact.' Mitigation measure for this is the wall and the landscaping plan. 11 12 Commissioner elland: Has the project been appropriately conditioned requiring that the 13 lighting fixtures for project conform to the International Dark Sky Association because page 17 of 14 the staff reports says they do not comply. 15 16 Staff: There is a mitigation measure under Aesthetics that requires a lighting plan that complies 17 with the IDSA. 18 19 Commission: 20 Line 35, Finding 4 (B) Mail to property owners within 300 feet of the property on 21 November 19, 2009. Do the property owners receive personal letters? 22 23 Staff. The property owners residing within a 300 -foot radius of the project are mailed a notice 24 advising there is a Planning Commission hearing for a project occurring in their area. The 25 residents receive a description of the project, as well as the date, time and location of the 26 meeting. 27 28 Commission: No other questions regarding the Findings for the Mitigated Negative Declaration. 29 The Findings were acceptable to the Commission as presented. 30 31 Findings to Approve a General Plan Amendment to change the land use from High Density 32 Residential and Commercial to the Public designation for the project: 33 34 Commission: How could the General Plan Amendment affect the housing stock for the General 35 Plan Housing Element Update document? 36 37 Commissioner Helland: Does this include all income levels? 38 39 Planning Director Stump: 40 The information in the GP Housing Element Update document indicates that the 41 Mendocino Council of Governments (MCOG) in their regional share analysis determined 42 that the City needed 455 units of housing. The number of housing units necessary was 43 much higher in the 2004 Housing Element Update than for the 2009 update. Due to 44 building activity and other factors, the demand for housing units is considerably less. 45 ® The 455 figure represents the various household income levels, low, very low, moderate, 46 and high. 47 ® The General Plan Vacant and Underutilized Map identifies the opportunity for 659 48 housing units within the City limits and this map does not include the City Substation 49 property. Consequently, there is more opportunity for housing development than the City 50 needs to provide by approximately 200 housing units. Therefore, the loss of this property 51 for potential housing land is not significant. There is sufficient land elsewhere in the City, 52 limits for housing development to accommodate the City's regional share. 53 54 Commissioner Whetzel: The project essentially goes hand-in-hand with the Housing Element 55 Update because the community needs to upgrade the City's electrical system in order to meet the MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 11 I demand. There must be sufficient land having housing potential to substantiate the need for a 2 larger electrical substation to meet current and future needs. 3 4 Staff: The maximum number of housing units the City Substation site could support is 14, but 5 what typically occurs in this situation is fewer housing units than this maximum because of 6 required site improvements. This would not be considered is significant number of units 7 compared to the City's share. 8 9 Commission consensus — GP Amendment: The land use designation change from High 10 Density Residential and Commercial to Public is appropriate. 11 12 Findings to Approve a Site Development Kermit: 13 14 Findings to Approve a Use Kermit: 15 16 Conditions of Approval for Approval of a Site Development: 17 18 Staff: Part of the SDP is the landscaping plan. What would the Planning Commission like to see 19 as part of the landscaping plan? The Planning Commission has recommended additional 20 landscaping and design enhancement for the wall as the mitigating measure relative to 21 'Aesthetics.' 22 23 Commission: Reviewed wall samples and discussed appropriate color scheme for the wall. It 24was noted that a natural colored wall bends well with the environment and reduces aesthetic 25 impacts. 26 27 Staff: Attachment 8 addresses the landscaping intentions. The Planning Commission can make 28 recommendations regarding plant species. The objective is to use this facility as a 'model' 29 landscape choosing natural shrubs, groundcovers, and trees for the public, property owners and 30 developers. 31 32 Chair Pruden: Grey is not a particularly pleasing palate in the Ukiah Valley. Earth tone colors 33 work well in Ukiah. She favors a 'more goldish' palate. 34 35 Commission: Agreed the wall should not look like concrete or be a grey color. The wall should 36 include earth tone colors. 37 38 Staff: The Planning Commission will have an opportunity to review the Landscape Plan when it is 39 final and can defer making a decision concerning the material and/or color scheme for the wall at 40 that time. A RFP is currently out to select a landscape architect. 41 42 Commissioner olgaard: Favored going 'greener or redder concerning the color selection for 43 the wall stone material. She did not favor an orange enhancement. 44 45 Anthony Hanson: The control building will be metal/steel. 46 47 Staff: Agreed having two choices might better coordinate with the Final Landscape Plan. 48 Demonstrated the colors for the control building that will be visible three feet above the wall. 49 50 Commission: Does not support grey as the color for the control building. A beige color would be 51 acceptable. 52 53 Commission consensus: 54 ® Selected No. 1020 (RAL 1020) Olive Yellow for the control building. 55 ® Stone wall/color: Nos. 1125 and 200. 56 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 12 I There was additional discussion concerning the type/texture of the material for the wall, including 2 possible features to enhance the appearance of the wall. 3 4 Commissioner Whetzel: Too much architectural enhancement would draw more attention to the 5 wall possibly creating problems as opposed to allowing it to blend nicely with the environment 6 without all of the added features. 7 8 Anthony Hanson: The material is called a 'Split Face Block.' The back of the wall that is not 9 visible will be flat while the front of the wall will be a semi -textured surface and are of regular 10 cinderblock size. 11 12 Staff: Vines are a graffiti deterrent. 13 14 Public Utilities Director Grandi: The vine species cannot be climbable. 15 16 Chair Pruden: With regard to. the landscaping, suggested the clustering of trees on-site in some 17 of the larger planter areas rather than aligning them in a straight line. The trees will have to be 18 closer to the street because for safety reasons cannot be located near the substation. There are 19 tree species that are actually 'colony trees,' such as Birch. Ginkgo is a nice landscaping tree 20 species native to Oregon, but is not sure it is a colony tree. It may be the landscape architect 21 could review for tree species that are west -coast colony trees that may be used for clustering 22 purposes. 23 24 Anthony Hanson: The tree species cannot grow very tall. 25 26 Commissioner oigaard: Asked about Evergreens. 27 It is noted they grow to be too tall for what is appropriate/in compliance for the project. 28 29 Commissioner Sanders: Water conservation is a very important concept to keep in mind when 30 selecting the landscaping species for the project. Select species that are hardy, native to 31 Mendocino County that successfully grow in Ukiah's hot summer climate and drought tolerant as 32 much as possible, such as Manzanita and/or other similar low drought tolerant plant varieties. 33 34 Staff: Does the Commission want to cluster trees? The preference could be to extent street trees 35 up towards Gobbi Street. Seven street trees are required for the project. The clustering of trees 36 on-site could be problematic based on the security issues for the facility where the alternative 37 measure would be to distribute the street trees up towards Gobbi Street and possibly around the 38 comer on Orchard Avenue. 39 40 There was discussion about placement and spacing of the trees to allow for the canopy of a 41 species. 42- 43 243 Stafh Is there a way to effectively distribute the trees? The landscaping plan is required to 44 provide some on-site trees. Some of the trees could be planted off-site for a City project that 45 needs some help. 46 47 Commissioner Sanders: It is important the City provide assets for the community. The 48 substation is an asset. With this asset come issues. The neighborhood is not pleased to look at 49 the 70 -foot towers or with losing the existing Redwood tree. 50 51 Chair Pruden: The project is a public facility. Thought it was an interesting concept that trees 52 could be planted off-site for another City project. 53 54 Staff: It may that not all of the seven trees can be planted along the substation frontage due to 55 driveways and underground vaults/utilities. The trees that cannot be located along the frontage MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 13 I could be distributed along E. Gobbi Street or along Orchard Avenue and ending at the corner at 2 Gobbi. 3 4 Commissioner Molgaard: Likes the idea of providing landscaping all the way up to E. Gobbi 5 Street for the benefit of the neighborhood with coordinated street trees even if they are being 6 used to camouflage the substation. 7 8 Commissioner Sanders: Inquired about the feasibility of tree replacement for the trees that will 9 be lost as a result of the project whereby the number of trees would increase for the. project. Can 10 the project exceed the seven trees required? Could the number be seven plus three trees for a 11 total of 10 trees to be planted for the project? 12 13 Staff: This recommendation can be made such that `any tree removed is replaced.' 14 15 Commissioner olgaard: Asked if anyone had seen the slide show by Tim Thornhill, who has 16 successfully moved 150 -foot Oak trees and none of them have died. Why not use Mr. Thornhill's 17 ability to successfully remove and relocate trees locally. 18 19 There was a brief discussion about people who perform this type of operation of removing trees 20 and planting them elsewhere. 21 22 Staff: The City arborists recommended in this particular situation that it would be better to 23 remove the trees, including the Redwood tree and plant new ones. The Redwood tree was not a 24 good candidate for relocation. 25 26 The landscaping plan recommendations from the Planning Commission will be forwarded to the 27 project landscape architect. 28 29 Staff: 30 Inquired about the Planning Commission's decision concerning the lighting issue raised 31 that the lighting standard provided is not International Dark Sky Association compliant 32 and whether the Commission wants to modify the mitigation measure to accept the 33 lighting standard or direct the applicant to find an International Dark Sky approved light 34 fixture and bring it back? The problem is when the applicant submitted the lighting plan, 35 the fixture was not stamped Dark Sky approved. 36 The Planning Commission can accept the fixture as adequate and amend the mitigation 37 measure or direct the applicant to find a Dark Sky approved light fixture. It may be that 38 the lighting fixture is what is necessary for the facility. 39 40 Anthony Hanson: 41 ® The lighting fixtures selected are typical substation lights and provide for lighting on the 42 ground. With International Dark Sky compliant lighting fixture, more lights would have to 43 be added. The facility does not have very good locations in which to put additional 44 lighting. Most of the structures in the facility are low. The applicant could go with Dark 45 Sky compliant lights. The intent is to maintain sufficient lighting in facility for security 46 purposes. 47 . There are no plans for lighting on the poles holding the overhead lines. 48 49 Staff: Attachment 10 shows the lighting plan. While some of the lighting is higher, the lighting 50 within the facility is mounted low on the wall and cannot be seen. 51 52 Chair Pruden: The language could state, Dark Sky, if feasible. Lighting should be `top -shielded.' 53 54 Staff: The issue is that a lighting impact has been identified in the Mitigated Negative Declaration 55 so it must be decided there is no lighting impact and allow the applicant to use the light because it MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 14 I is necessary for the type of facility or ask the applicant to find a light that is top shielded and 2 downcast and Dark Sky compliant that addresses the impact that has been identified. 3 4 Public Utilities Director Grandi: Referred to the Lighting Plan and stated the type of lighting 5 proposed is `top shielded.' All the lights are basically downcast. The diffuser is on the side and 6 bottom of the'fixtures. 7 8 Commissioner Molgaard: What is the reason these lights are not Dark Sky compatible? 9 10 Anthony Hanson: The lights have not been certified. 11 12 Staff. Is it possible to find a different brand that is similar and is Dark Sky certified? 13 14 Anthony Hanson: Dark Sky compliant lights are somewhat different. Agreed to change the 15 lights to be Dark Sky compliant. Dark Sky lights are very focused. 16 17 Public Utilities Director Grandi: There are two types of lighting for the substation. One lighting 18 is interior lighting (5 fixtures) and would be well-suited as Dark Sky. The remaining fixtures (wail 19 packs) are located on the perimeter and will be off unless someone is working in the facility or if 20 the security systems is triggered. 21 22 Commissioner Whetzel: If Dark Sky compliant lighting is used, more lights would be needed to 23 cover the same amount of square footage that needs to be covered for security purposes. 24 25 There was discussion about whether the lighting can be lowered from 12 feet to 10 feet. Lighting 26 covers a certain amount of area so the higher up the fixture, the more spread. 27 28 There was further discussion about the taller lights becoming Dark Sky certified. 29 30 Commissioner olgaard: Why not put in lighting that is the approved style? Is cost a factor? 31 32 Public Utilities Director Grandi: One option may be to custom -make the lights for the substation 33 that are designed to focus downward and not `off -shoot' into the dark sky. The lights are focused 34 downward. He will look into the matter of Dark Sky compliant lighting or lighting equivalent to 35 Dark Sky that can provide the type of lighting the facility needs without impacts to the 36 neighborhood. 37 38 Commissioner olgaard: Neighborhood complaints will make it known whether or not the type 39 of lighting selected creates impact. 40 41 Commissioner elland: LED lighting is better for the environment. 42 43 Chair Pruden: Need to address Use Permit Finding 3(B), which pertains to the wall height. The 44 minimum standard height is six feet. Supports a 10 -foot wall both for shielding of EMFs and 45 . safety and/or other reasons. In this case, the wall needs to act as a barrier. 46 47 It was noted barbed wire will be placed on the inside of the wall as a security precaution and will 48 not be visible and will not add to the height of the wall. 49 50 Commissioner Sanders: Should the potential loss of 14 housing units resulting from this project 51 be addressed in the Mitigated Negative Declaration? Furthermore, does this matter need to be in 52 any of the other documents that the housing stock is more secure now than in prior Housing 53 Element Update years and that typically what occurs is fewer housing units than the 14 maximum 54 can be built due to site improvements? 55 56 Staff: Language to this effect can be added as a Finding related to the GP such as: MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 15 1 ® Even though the GP land use designation is being changed this could reduce the housing 2 land available by 14 units; 3 ® The City Vacant and Underutilized Map demonstrates this number can more than be 4 offset elsewhere; 5 ® The Substation (project) would provide the electricity needed to support those additional 6 housing units. 7 ® However, this is not an environmental issue. It is more of a policy issue related to the 8 General Plan. 9 10 Chair Pruden: Added, this number of housing units was not part of the Regional Housing Survey 11 so the project is essentially not taking away housing stock because it was not a part of the 12 original inventory. 13 14 The Commission questioned whether there is a conflict with changing the land use designation? 15 16 Staff: 17 ® The change from High Density Residential to Public designation does not conflict with 18 any General Plan goal or policy. In other words, there is no goal or policy that prevents 19 an amendment to the GP land use designation from a designation that allows housing to 20 a designation that does not unless it is replaced. 21 s The City is currently experiencing a surplus of housing opportunity. 22 23 Commission consensus: 24 i Use Cap stone for the corners of the wall and provide for vines, such as Wild Grape 25 and/or a species that is drought resistant and climate adaptive. 26 ® The landscape architect can make a determination about appropriate landscaping 27 features, including a vine species that is drought tolerant and adapts well to Ukiah's 28 climate. The final Landscape Plan will come back to the Planning Commission for review. 29 ® Plant a minimum of 10 street trees along E. Gobbi Street and Orchard Avenue along the 30 project frontage, approximately every 30 feet. (This modifies Condition of Approval 3(G): 31 ® Supports a wall height of 10 feet as opposed to the standard height. 32 i GP Amendment Findings — Acceptable 33 SDP Findings — Acceptable 34 UP Findings — Acceptable 35 Conditions of Approval with the above modifications — Acceptable 36 37 /S olgaard/Helland to recommend that the City Council adopt the Mitigated Negative 38 Declaration for City of Ukiah Orchard Avenue Electrical Substation Project and Mitigation 39 Monitoring Program Report as prepared by staff with Findings 1-7 to include language 40 modification as reflected in the discussion by the Commission. Motion carried (5-0). 41 42 M/S Whetzel/Helland to recommend the Ukiah City Council approve a General Plan 43 Amendment/Rezone for the Orchard Avenue Electric Substation Project with Findings 1-4. Motion 44 carried (5-0). 45 46 M/S Molgaard/Whetzel to approve the Site Development Permit with Findings 1-11, Use Permit 47 with Findings 1-6 and Conditions of Approval 1-37, as amended. Motion carried (5-0). 48 4.9 FINDINGS TO ADOPT A MITIGATED NEGATIVE DECLARATION 50 51 The following findings are supported by and based on information contained in this staff report, 52 the application materials, project plans, and documentation, and the public record. 53 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 16 1 1. An Initial Study was prepared and demonstrated that there is no substantial evidence that 2 supports a fair argument that the project, as conditioned, would have a significant effect 3 on the environment. 4 5 2. The project may impact migratory birds due to the removal of onsite trees. A Mitigation 6 Measure has been included that would reduce any potential impacts to migratory birds to 7 a less than significant level and this mitigation measure has been agreed to by the project 8 applicant/project sponsor. 9 10 3. The project is not located on a site listed on any Hazardous Waste Site List compiled by 11 the State pursuant to Section 65962.5 of the California Government Code. 12 13 4. The Notice, of Intent to Adopt the Mitigated Negative Declaration was posted and published as 14 required by Section 15072 of the CEQA Guidelines. Notice of Intent to Adopt a Mitigated 15 Negative Declaration was provided as follows: 16 17 A. Posted in the office of the County Clerk on November 20, 2009; 18 B. Mailed to property owners within 300 feet of the property on November 19, 2009; 19 C. Posted in 3 places on the subject property on November 19, 2009; and 20 D. Published in the Ukiah Daily Journal on November 20, 2009. 21 22 5. The Planning Commission reviewed the Initial Study and considered public comments before 23 making a recommendation on the project. 24 25 6. A Mitigation Monitoring Program has been prepared to ensure compliance with the adopted 26 mitigation measures. The mitigation measures have been agreed to by the project sponsor. 27 28 7. The record of proceedings of the decision on the project is available,for public review at the 29 City of Ukiah Planning and Community Development Department, Civic Center, 300 30 Seminary Avenue, Ukiah, California. 31 32 FINDINGS TO APPROVE A GENERAL PLAN AMENDMENT 33 34 The following findings are supported by and based on information contained in this staff report, 35 the application materials, project plans, and documentation, and the public record. 36 37 1. The proposed amendment is deemed to be in the public interest. The amendment will 38 allow for the construction of a new electric substation that is needed in order to meet the 39 City's electric demand during the summer peak season and an anticipated future demand 40 for increased electric power. The project will also replace aging, less efficient electrical 41 equipment with new more efficient equipment. 42 43 2. The potential impacts of the proposed amendment have been assessed and have been 44 determined not to be detrimental to the public health, safety, or welfare. The construction 45 of the substation will assist public services, and thereby, promote public health, safety 46 and welfare by ensuring that the City services such as Police, Fire, Water and Sewer 47 Facilities, and Transportation Infrastructure, have the necessary electricity to run 48 effectively and safely. The project will ensure that there is adequate electricity to serve 49 the citizens of Ukiah during the summer peak and in the future which will promote the 50 public health, safety and welfare. Impacts associated with the proposed project have 51 been identified as part of the Initial Study and mitigation measures have been agreed to 52 by the project sponsor to reduce these impacts to a level that is less than significant. 53 54 3. The proposed amendment is consistent and compatible with the rest of the General Plan 55 and any implementation programs that may be affected as described in the General Plan MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 17 I section of the staff analysis included in the staff report and as described in the Land Use, 2 Biological Resources, and Aesthetics sections of the Initial Study prepared for the project. 3 The General Plan Public land use designation is intended for uses such as public utility 4 facilities, the electric substation and the City well are both public utility facilities. 5 6 4. The proposed amendment has been processed in accordance with the applicable 7 provisions of the California Government Code and the California Environmental Quality 8 Act (CEQA) including but not limited to the following: 9 10 A. An Initial Study was prepared and demonstrated that there is no substantial evidence 11 that supports a fair argument that the project, as conditioned, would have a 12 significant effect on the environment. 13 14 B. The project is not located on a site listed on any Hazardous Waste Site List compiled 15 by the State pursuant to Section 65962.5 of the California Government Code. 16 17 C. The Notice of Intent to Adopt the Mitigated Negative Declaration was posted and 18 published as required by Section 15072 of the CEQA Guidelines. Notice of Intent to 19 Adopt a Mitigated Negative Declaration was provided as follows: 20 21 1) Posted in the office of the County Clerk on November 20, 2009; 22 2) Mailed to property owners within 300 feet of the property on November 19, 2009; 23 3) Posted in 3 places on the subject property on November 19, 2009; and 24 4) Published in the Ukiah Daily Journal on November 20, 2009. 25 26 D. The project may impact migratory birds due to the removal of onsite trees. A Mitigation 27 Measure has been included that would reduce any potential impacts to migratory 28 birds to a less than significant level and this mitigation measure has been agreed to 29 by the project applicant/project sponsor. 30 31 FINDINGS TO APPROVE A SITE DEVELOPMENT PERMIT 32 33 The following findings are supported by and based on information contained in this staff report, 34 the application materials, project plans, and documentation, and the public record. 35 36 1. The project, as conditioned, is consistent with the goals, objectives, and policies of the 37 City General Plan as described in the General Plan analysis of the staff report, including 38 Table 2. 39 40 2. The project, as conditioned, is consistent with the requirements of the Public Facility 41 zoning district and other applicable section of the zoning ordinance as noted in Table 4 of the 42 staff report. 43 44 3. The location, size, and intensity of the proposed project will not create a hazardous 45 vehicular or pedestrian traffic pattern based on the following: 46 47 A. The substation would be located on an existing street. The closest intersections are 48 East Gobbi Street which is signal controlled and Cindee Lane which is stop sign 49 controlled. 50 51 B. The project would not make any changes to the intersections or street alignment. 52 53 C. The project would enhance the pedestrian traffic pattern by providing new sidewalks, 54 street trees and landscaping along the Orchard Avenue project frontage. The 55 location, size and intensity of the substation are similar to the existing substation 56 facility. MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 18 I 2 D. The project was reviewed by Public Works and was found to be adequate. 3 4 4. The accessibility of off-street parking areas and the relation of parking areas with respect 5 to traffic on adjacent streets will not create a hazardous or inconvenient condition to 6 adjacent or surrounding uses based on the following: 7 8 A. The substation site would be accessed from and have frontage on Orchard Avenue. 9 The project includes three driveways from Orchard Avenue that are adequate to 10 provide access for employee vehicles and service vehicles/equipment. The project 11 plans include a maneuvering plan in order to demonstrate that there is adequate 12 access and maneuvering to and through the substation site. 13 14 B. The substation includes a parking area within the walled facility. The facility is 15 unmanned and, therefore, will generate very little traffic. 16 17 C. The project will not change the street alignment. 18 19 D. The project, including site access and circulation was reviewed by Public Works and 20 determined to be adequate. 21 22 5. Sufficient landscaped areas have been reserved for purposes of separating or screening 23 the proposed structures from the strget and adjoining building sites, and breaking up and 24 screening large expanses of paved areas based on the following: 25 26 A. The building and the tower .structures are located an adequate distance from 27 adjacent properties as shown on sheet 5 of the plans. The closest part of the 28 substation is located 18 feet from the north property line and approximately 19 feet 29 from East Gobbi Street; 36 feet from the west property line and 102 feet from the 30 apartments (Autumn Leaves); 24' 11" to the south property line; and 20'11" from the 31 wall to the east property line and 120 feet to the single-family residence on the east 32 side of Orchard Avenue. These setbacks provide adequate separation of the facility 33 from the street and adjoining building sites. Street trees will provide screening of the 34 site from the east. No landscaping is proposed along the north, west or south 35 properties due to the security and safety concerns associated with the facility. 36 37 B. The project does not include large expanses of paved areas. The area within the 38 walls of the facility will be primarily gavel, but will not be visible from the street, public 39 areas, or adjacent properties due to the height of the wall. 40 41 6. The proposed development will not restrict or cut out light and air on the property, or on 42 the property in the neighborhood; nor will it hinder the development or use of buildings in 43 the neighborhood, or impair the value thereof based on the following: 44 45 A. The substation facility is primarily an "open" facility comprised of tower like structures 46 rather than buildings. The building on the site is relatively small in size and located a 47 minimum of 24 feet from the south property line which is the closest property line. 48 49 B. The site of the substation is currently developed with a vacant single-family residence 50 that.is in poor condition. The existing substation, a new City well, and Highway 101 51 are located proximate to the substation site. Based on these surrounding land uses, 52 there is an established pattern of public facilities being located in the area. The 53 proposed project is consistent and compatible with these existing public land uses 54 and the project would replace a vacant residence that has the potential to become an 55 attractive nuisance. 56 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 19 1 7. The improvement of any commercial or industrial structure will not have a substantial 2 detrimental impact on the character or value of an adjacent residential structure since the 3 project is a Public Facility use and does not include a commercial or industrial structure. 4 5 8. The proposed development will not excessively damage or destroy natural features, 6 including trees, shrubs, creeks, and the natural grade of the site based on the following: 7 8 A. The project site does not include any water courses. 9 10 B. The site is relatively flat; therefore, site grading will be limited. 11 12 C. Natural site features are limited to trees, shrubs and grasses. 13 14 D. In order to construct the facility, all of the onsite trees would be removed. An arborist 15 report was prepared that evaluates the condition of the existing trees. Twelve of the 14 16 onsite trees were identified as having poor or fair structure. Based on this, these trees 17 are not suitable for preservation. The remaining two trees require removal due to their 18 location on the site which would conflict with and provide a hazard related to 19 substation below and above ground equipment. The project will not excessively 20 destroy or damage trees since 12 of the 14 trees on the site are not suitable for 21 preservation and the remaining two trees are not suitable for preservation since to 22 their location conflicts with the equipment for the facility. 23 24 9. There is sufficient variety, creativity, and articulation to the architecture and design of the 25 structure(s) and grounds to avoid monotony and/or a box -like uninteresting appearance 26 based on the following: 27 28 A. Due to the nature of the facility, this finding does not appear to apply to the proposed 29 substation project. However, the control building is a prefabricated building that will be 30 located within the proposed 10 -foot wall. The height of the building would be 13 -feet 2- 31 inches. Therefore, very little of the building would be visible above the wall. The color 32 for the building and the wall can be coordinated to further reduce the visibility of the 33 building. 34 35 B. The front of the site will be landscaped with groundcover and shrubs. Trees also be 36 planted at the front of the site to the degree feasible based on the security 37 requirements for the facility. 38 39 10. The proposed amendment has been processed in accordance with the applicable 40 provisions of the California Government Code and the California Environmental Quality 41 Act (CEQA) based on the following: 42 43 C. An Initial Study was prepared and demonstrated that there is no substantial evidence 44 that supports a fair argument that the project, as conditioned, would have a 45 significant effect on the environment. 46 47 D. The project is not located on a site listed on any Hazardous Waste Site List compiled 48 by the State pursuant to Section 65962.5 of the California Government Code. 49 50 C. The Notice of Intent to Adopt the Mitigated Negative Declaration was posted and 51 published as required by Section 15072 of the CEQA Guidelines. Notice of Intent to 52 Adopt a Mitigated Negative Declaration was provided as follows: 53 54 5) Posted in the office of the County Clerk on November 20, 2009; 55 6) Mailed to property owners within 300 feet of the property on November 19, 2009; 56 7) Posted in 3 places on the subject property on November 19, 2009; and MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 20 1 8) Published in the Ukiah Daily Journal on November 20, 2009. 2 3 D. The project may impact migratory birds due to the removal of onsite trees. A Mitigation 4 Measure has been included that would reduce any potential impacts to migratory 5 birds to a less than significant level and this mitigation measure has been agreed to 6 by the project applicanttproject sponsor. 7 8 11. A public notice for this Site Development Permit was provided as follows: 9 10 A. Mailed to property owners within 300 feet of the property on November 19, 2009; 11 B. Posted in 3 places on the subject property on November 19, 2009; and 12 C. Published in the Ukiah Daily Journal on November 20, 2009. 13 14 FINDINGS TO APPROVE A USE PERMIT 15 TO ALLOW CONSTRUCTION OF A 10 -FOOT WALL TO ENCLOSE THE 16 17 The following findings are supported by and based on information contained in this staff report, 18 the application materials, project plans, and documentation, and the public record. 19 20 1. The project, as conditioned, is consistent with the goals, objectives, and policies of the City 21 General Plan as described in the General Plan analysis of the staff report, including Table 2. 22 23 2. The project, as conditioned, is consistent with the requirements of the Public Facility 24 zoning district and other applicable section of the zoning ordinance as noted in Table 4 of the 25 staff report. 26 27 3. The project, as conditioned, is compatible with surrounding land uses based on the 28 following: 29 30 A. The wall will be setback the minimum required distance of 15 -feet from the front 31 property line. The fence is setback 3 feet from the south property line, 5 feet from the 32 west property line and 2 feet from the north property line. 33 34 B. The existing substation facility located on the east side of Orchard Avenue and south 35 side of Gobbi Street has a cyclone fence 8 feet in height with an additional foot of 36 barbed wire for a total fence height of 9 feet. The 10 foot wall proposed for the new 37 substation would be more aesthetic than the 9 -foot cyclone and barbed wire fence 38 that encloses the existing facility and there are opportunities to screen the 10 -foot 39 wall with landscaping. 40 41 C. Street trees and landscaping will be provided between the wall and the east property 42 line to provide screening. There are existing trees on the property to the west 43 (Autumn Leaves) that will provide screening. 44 45 4. The proposed project, as conditioned, shall not be detrimental to the public's health, safety 46 and general welfare based on the following: 47 48 A. The additional wall height will provide the safety required for the facility by limiting 49 access to the site to authorized personnel only. 50 51 B. Limiting the wall height to the 6 -foot height allowed by the zoning ordinance would 52 make unauthorized entry into the facility easier which could present a hazard to the 53 person(s) entering the facility as well as to the greater public should damage occur to 54 the facility. 55 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 21 1 5. The proposed project has been processed in accordance with the applicable provisions 2 of the California Government Code and the California Environmental Quality Act (CEQA) 3 based on the following: 4 5 E. An Initial Study was prepared and demonstrated that there is no substantial evidence 6 that supports a fair argument that the project, as conditioned, would have a 7 significant effect on the environment.' 8 9 F. The project is not located on a site listed on any Hazardous Waste Site List compiled 10 by the State pursuant to Section 65962.5 of the California Government Code. 11 12 C. The Notice of Intent to Adopt the Mitigated Negative Declaration was posted and 13 published as required by Section 15072 of the CEQA Guidelines. Notice of Intent to 14 Adopt a Mitigated Negative Declaration was provided as follows: 15 16 9) Posted in the office of the County Clerk on November 20, 2009; 17 10) Mailed to property owners within 300 feet of the property on November 19, 2009; 18 11) Posted in 3 places on the subject property on November 19, 2009; and 19 12) Published in the Ukiah Daily Journal on November 20, 2009, 20 21 D. The project may impact migratory birds due to the removal of onsite trees. A Mitigation 22 Measure has been included that would reduce any potential impacts to migratory 23 birds to a less than significant level and this mitigation measure has been agreed to 24 by the project applicant/project sponsor. 25 26 6. A public notice for this Use Permit was provided as follows: 27 28 A. Mailed to property owners within 300 feet of the property on November 19, 2009; 29 B. Posted in 3 places on the subject property on November 19, 2009; and 30 C. Published in the Ukiah Daily Journal on -November 20, 2009. 31 32 CONDITIONS OF APPROVAL FOR APPROVAL OF A 33 SITE DEVELOPMENT PERMIT AND USE PERMIT FOR 34 35 1. Approval is granted for the -proposed electrical substation as shown on the plans 36 submitted to the Planning Department and date stamped October 20, 2009, except 37 as modified by the following conditions of approval. 38 39 2. This site development permit and use permit approval shall not become effective 40 unless and until the City Council approves the General Plan Amendment and the 41 Rezoning for this project. 42 43 3. Landscaping and irrigation plan for the project shall return to Planning Commission 44 for review and approval prior to installation. The irrigation plan shall include irrigation 45 for the street trees required for the project. The landscaping plan shall include the 46 following: 47 48 A. Native species shall be considered first. If native species are not feasible, 49 alternative species that grow well in Ukiah's climate may be used. 50 51 B. Landscaping plan, including street trees, shall be designed to be a 52 "demonstration/model" landscape to provide examples of appropriate species 53 and good landscape design to the public and developers. 54 55 C. Hydrozones used wherever feasible to provide a variety of plant species and to 56 group species with similar water needs. MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 22 1 D. Tree species that meet the security constraints of the project and site. 2 3 E. Plans consistent with the State's Model Efficiency Landscape Ordinance. 4 5 F. Re -use of onsite trees as mulch where feasible. 6 7 G. Screening of the facility to the greatest degree feasible given security and safety 8 constraints associated with the substation, including the planting of onsite trees 9 and vines to screen the wall. 10 11 4. Prior to the substation facility beginning operations, the landscaping and irrigation 12 plan approved by the Planning Commission as required in condition #3 shall be 13 installed and inspected by Planning Department staff. 14 15 5. Plans submitted for building and/or demolition permit shall include the following and 16 are subject to staff review and approval: 17 18 A. Material used ,for the masonry wall shall be comprised of a minimum of 60% 19 recycled material. 20 21 B. Notes on the plans that identify the material for the vehicle and man gates for the 22 facility as aluminum. 23 24 C. All documentation from the MCAQMD. Prior to demolition or partial demolition, 25 the property owner shall discuss the project with the Mendocino County Air 26 Quality Management District, complete all required forms, and receive approval 27 for the project. 28 29 D. A Demolition Debris Recycling and Salvage Plan for 1) materials removed from 30 the existing substation 2) construction debris/ waste for resulting from 31 construction of the new substation facility 3) the onsite trees and vegetation to be 32 removed and 4) the existing residence on the project site that may be suitable for 33 recycling/salvage if it is determined that the residence does not include lead paint 34 or asbestos. Every effort shall be made to recycle all recyclable material from the 35 demolition or partial demolition operation. 36 37 The Demolition Debris Recycling and Salvage Plan shall include what materials 38 can be salvaged, reused or recycled; the intended salvage, reuse, and recycling 39 facilities to be used; and an estimate of the percentage of debris that will be 40 salvaged, reused or recycled. 41 42 E. Documentation that the abandonment of the easement for the benefit of the 43 Ukiah Valley Sanitation District has been approved as required by the Resolution 44 of the Ukiah Valley Sanitation District Board. 45 46 F. Planning Commission approved landscaping and irrigation plans. 47 48 6. Prior to issuance of any permit for construction of the facility (including but not limited 49 to a grading permit, building permit), a Boundary Line Adjustment shall be reviewed 50 and approved by the City Engineer in order to create the parcel and parcel 51 configuration required for the substation. 52 53 7. Construction hours are limited to Monday through Friday from 7:00 a.m. to 6:00 p.m. 54 and Saturdays from 9:00 a.m. to 4:00 p.m. Construction is prohibited on Sundays and 55 holidays recognized by the City of Ukiah. Additional construction hours may be MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 23 I administratively approved by the Planning Director due to emergency circumstances. 2 (Mitigation Measure). 3 4 8. The Boundary Line Adjustment approved by the City Engineer shall be recorded prior 5 to issuance of a building permit and documentation of the recorded Boundary Line 6 Adjustment shall be submitted to Planning Department staff. 7 8 9. This approval shall be null and void unless the California Environmental Quality 9 Act/Fish and Game filing fee payable to Mendocino County is filed with the City of 10 Ukiah Planning and Community Development Department within five (5) days of this 11 approval. 12 13 10. All mitigation measures include in the mitigated negative declaration for this project 14 are included herein by reference. 15 16 11. All mitigation measures included in the mitigated Negative Declaration are 17 incorporated by reference as conditions of approval. 18 19 From the Planning Commission 20 21 12. The landscaping plan required in condition #3 above shall also include the 22 following and is subject to Planning Commission review and approval: 23 24 A. A minimum of ten (10) street trees located along the project frontage on Orchard 25 Avenue and extending north along Orchard Avenue to East Gobbi Street and 26 west along East Gobbi Street. 27 28 B. Vines to screen the wall from Orchard Avenue. If feasible, use wild grape as a 29 climbing vine. 30 31 C. Consider the following species as part of the landscaping plan: Manzanita, 32 ceanothus, wild rose. 33 34 D. Consider the use of colony trees to help provide screening. 35 36 13. The following shall be used for the wall which is subject to Planning Commission 37 review and approval as part of the landscaping plan: 38 A. Use Calstone color S-200 or S-1125. Provide color samples at the meeting to 39 ensure that this is the desired color and consistent with the paper color sample 40 provided at the meeting. 41 B. Consider a grout color for the wall that is compatible with the building color in 42 order to tie the two together. Color samples of the grout shall be provided as part 43 of the submittal for the landscaping plan. 44 45 C. Use capstones for the comer of the walls. 46 47 14. The building color shall be DuPont Olive Yellow and shall be compatible with the 48 color of the wall and landscaping. for the site. The color is subject to Planning 49 Commission review and approval as part of the landscaping plan. 50 From the Building Division 51 52 15. Three sets of a Geotechnical Report shall be submitted along with the building plans 53 and other documents when applying for a building permit. 54 55 From the Department of Public Works 56 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 24 1 16. ADA compliant sidewalk shall be required along the project of Orchard Avenue, 2 including at the proposed driveway approaches. Sidewalk easements shall be 3 dedicated where necessary. 4 5 17. Any damaged curb, gutter, and sidewalk shall be repaired or replaced, and 6 abandoned driveway approaches shall be replaced with standard-6 inch vertical curb, 7 gutter and sidewalk. 8 9 15. All areas of on-site circulation shall be paved with a minimum of 2 inches of AC on 6 10 inches base, or other pavement surface as approved by the City Engineer. This 11 includes existing and proposed driveways and parking areas. 12 13 16. The applicant shall incorporate into the landscaping plan street trees spaced 14 approximately every 30 feet that are within a landscape strip or within 5 feet of the 15 back of sidewalk. Street trees shall be installed in accordance with City Standard 16 Drawing No. 601. Tree types shall be approved by the City Engineer. 17 18 17. All work within the public right-of-way shall be performed by a licensed and properly 19 insured contractor. The contractor shall obtain an encroachment permit for work 20 within.this area or otherwise affecting this area. Encroachment permit fee shall be 21 $45 plus 3% of the Engineer's estimate of construction costs. 22 23 18. The site is within the South Orchard Avenue Traffic Signalization Fee area. A 24 preliminary estimate of the fee would be approximately $1743.00. 25 26 From the Ukiah Valley Sanitation District 27 28 19. The proposed abandonment of the easement that is to the benefit of the Ukiah Valley 29 Sanitation District requires approval of the District Board as a Resolution. The 30 applicant shall apply to the Ukiah Valley Sanitation District for approval of the 31 abandonment. 32 33 Standards Conditions 34 35 20. This approval is contingent upon agreement of the applicant and property owner and 36 their agents, successors and heirs to defend, indemnify, release and hold harmless 37 the City, its agents, officers, attorneys, employees, boards and commissions from 38 any claim, action or proceeding brought against any of the foregoing individuals or 39 entities, the purpose of which is to attack, set aside, void or annul the approval of this 40 application. This indemnification shall include, but not be limited to, damages, costs, 41 expenses, attorney fees or expert witness fees that may be asserted by any person 42 or entity, including the applicant, arising out of or in connection with the City's action 43 on this application, whether or not there is concurrent passive or active negligence on 44 the part of the City. If, for any reason any portion of this indemnification agreement is 45 held to be void or unenforceable by a court of competent jurisdiction, the remainder 46 of the agreement shall remain in full force and effect. 47 48 21. No permit shall be issued and this Use Permit is not effective unless and until all fees 49 and charges applicable to the application, Conditions of Approval, and Mitigation 50 Measures have been paid in full. 51 52 22. All use, construction, or occupancy shall conform to the application approved by the 53 Zoning Administrator, City Engineer, Planning Commission or City Council as 54 applicable, and to any supporting documents submitted therewith or made part of the 55 administrative record, including staff reports, maps, sketches, renderings, building 56 elevations, landscape plans, and other submittals or documents. MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 25 1 23. Except as otherwise specifically noted, this Permit shall be. granted only for the 2 3 specific purposes stated in the action approving the Permit and shall not be construed as eliminating or modifying any building, use, zoning or other requirements 4 except as to such specific purposes. 5 6 24. This approved Permit may be revoked through the City's revocation process if the 7 approved project related to the Permit is not being conducted in compliance with the 8 stipulations and conditions of approval; or if the project is not established within two 9 of the effective date of approval; or if the established and use for which the 10 years permit was granted has ceased or has been suspended for twenty-four (24) 11 consecutive months. 12 13 25. Any work, improvement, expenses or other encumbrance incurred by the applicant, 14 owner or other party in reliance upon any entitlement, approval or permit which has 15 not been granted, issued or approved is at your own risk. 16 17 26. All conditions that do not contain specific completion periods shall be completed prior 18 to release of final building inspection and issuance of a Certificate of Occupancy for 19 the building. 20 21 27. Applicant shall be required to obtain and maintain any permit or approval, which is 22 required by law, regulation, or ordinance of any Local, State, or Federal agency. 23 Applicant/owner or other person in possession of the project site shall grant to employees of the City of Ukiah and others authorized by the City of the 24 25 permission Ukiah to enter upon the subject property as necessary to inspect the property and 26 process the required entitlements. 27 28 28. A copy of all conditions of this Site Development Permit and Use Permit shall be 29 provided to and be binding upon any future purchaser, tenant or other party of interest. 30 31 29. All Conditions of Approval for this project shall be provided to all contractors and 32 33 persons working on the project. Conditions of Approval shall be prominently displayed on all sets of plans for all ministerial permits required to develop the 34 property, including building permits and permits for grading or site preparation. 35 36 30. Any construction shall comply with the "Standard Specifications" for such type of 37 construction now existing or which may hereafter be promulgated by the Engineering 38 Department of the City of Ukiah; except where higher standards are imposed by law, 39 rule, or regulation or by action of the approving body. 40 41 31. In addition to any other condition imposed, any construction shall comply with all 42 building, fire, electric, plumbing, occupancy, and structural laws, regulations and 43 ordinances in effect at the time the Building Permit is approved and issued. 44 45 32. Sewer, water, electric and fire protection improvements and services shall conform to 46 the specifications of City Public Utilities, Public Works Department and Fire 47 Departments. 48 49 33. The project shall comply with the following requirements to reduce air quality impacts 50 related to project construction: 51 52 A. All grading shall comply with Mendocino County Air Quality Management District 53 Rule 1-430, Fugitive Dust Emissions. 54 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 26 1 B. All activities involving site preparation, excavation, - filling, grading, road 2 construction, and building construction institute a practice of routinely watering 3 exposed soil to control dust, particularly during windy days. 4 5 C. All inactive soil piles on the project site shall be completely covered at all times to 6 control fugitive dust. 7 8 D. All activities involving site preparation, excavation, filling, grading, and actual 9 construction shall include a program of washing off trucks leaving the 10 construction site to control the transport of mud and dust onto public streets. 11 12 E. Low emission mobile construction equipment, such as tractors, scrapers, and 13 bulldozers shall be used for earth moving operations. 14 15 F. All earth moving and grading activities shall be suspended if wind speeds (as 16 instantaneous gusts) exceed 25 miles per hour. 17 18 G. Adjacent roadways exposed to dust, dirt, or other soil particles by vehicles tires, 19 poorly covered truck loads, or other construction activities shall be cleaned each 20 day prior to the end of construction activities using methods approved by the 21 Director of Public Works/City Engineer, 22 23 34. Prior to issuance of the Final Certificate of Occupancy, applicant shall submit to the 24 Department of Planning and Community Development a completed Mendocino 25 County Air Quality Management District 'Air Quality Permit Checklist' if required by 26 district 'rules. 27 28 35. The use, site, improvements, landscaping, and all other elements shall be operated 29 and maintained consistent with the approved project and in good standing and repair 30 for the life of the project, notwithstanding any change in ownership. 31 32 36. All required landscaping shall be properly maintained to insure the long-term health and 33 vitality of the plants, shrubs and trees. Proper maintenance means, but is not limited 34 to the following: 35 36 A. Regular slow, deep watering when feasible. The amount of water used shall 37 fluctuate according to the season, i.e., more water in summer, less in the winter. 38 39 B. Additional watering shall occur during long periods of severe heat and drying 40 winds, and reduced watering shall be used during extended periods of cool rainy 41 weather. 42 43 C. Fertilizer shall only being used on trees during planting. Shrubs may receive 44 periodic fertilizer according to the recommendations of a landscaping 45 professional. 46 47 D. Weed killers shall not be used on or near trees. 48 49 E. The tree ties and stakes shall be checked every six months to ensure they do not 50 constrict the trunks and damage the trees. 51 52 F. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not 53 damage the trunk of the tree and its overall growth. 54 55 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including 56 vandalism, shall be replaced with the same or similar tree species, or an MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 27 1 alternative species approved by the department of Planning and Community 2 Development. 3 4 H. All trees shall be properly pruned as appropriate. No topping cuts shall be 5 made. All pruning shall follow standard industry methods and techniques to 6 ensure the health and vitality of the tree. 7 8 37. Failure to comply with the requirements listed above could result in revocation of the 9 Use Permit/Site Development Permit. 10 11 10. PLANNING DIRECTOR'S REPORT 12 Planning Director Stump: This year's Planning Commission institute is in Monterey and 13 information is available in this regard. 14 15 The Commission will. receive their stipends in one lump sum. 16 Recent City Council actions include City Council approval for the Wal-Mart Expansion EIR. 17 The Zoning Administrator will conduct a public hearing for a kidney dialysis facility to go into 18 existing space at the Longs Shopping Center. 19 The newly constructed Orchard Bridge is now open for use. The Bridge will be formally named. 20 The Courthouse relocation project is progressing wherein funding is anticipated from the State. 21 The Redhawk Restaurant in the AIP is under construction. 22 The City Skateboard Park is out to bid for construction. 23 The City View Trail Project has been completed. 24 The Grocery Outlet project that was appealed to City Council. 25 There was discussion concerning the Grocery Outlet project that was appealed to City Council by 26 the owner, who was not present at the Planning Commission when the project was initially 27 reviewed. The issue concerned the four parking stalls that front N. State Street. The Planning 28 Commission had voted to approve the project requiring the four parking stalls be eliminated in 29 favor of trees and landscaping. The City Council carefully considered the Planning Commission's 30 decision and compromised by allowing the parking stalls to remain and plant the trees in another 31 location on the site. 32 33 11. PLANNING COMMISSION REPORTS 34 Commissioner Sanders: -She, Commissioners Helland and Molgaard recently attended a 35 planning training workshop conference at SSU. The conference was very helpful. 36 37 12. ADJOURNMENT 38 There being no further business, the meeting adjourned at 8:53 p.m. 39 40 41 Judy Pruden, Chair 42 43 Cathy Elawadly, Recording Secretary 44 45 MINUTES OF THE PLANNING COMMISSION December 10, 2009 Page 28 I Attachment # (P ►i 3 DATE: December 10, 2009 4 5 TO: Planning Commission 6 7 FROM: Kim Jordan, Senior Planner 8 9 SUBJECT: Request for Approval of a General Plan Amendment, Rezoning, Site 10 Development Permit, Use Permit, and Boundary Line Adjustment to allow the 11 construction of a new electric substation on the west side of Orchard Avenue 12 south of East Gobbi Street, APNs 003-582-04; 003-582-33; 003-582-34; 003- 13 582-28; 003-582-29; 003-582-30; 003-582-08; 003-181-34; 003-181-35 14 File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07- 15 BLA-CE 16 17 RECOMMENDATION 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Staff recommends that the Planning Commission: 1. Review and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program included as attachment 1 subject to the findings included as attachment 2. Should the Planning Commission be in a position to adopt the Mitigated Negative Declaration and associated Mitigated Monitoring Program at the meeting, staff recommends that the Planning Commission: 2. Review and recommend approval of the General Plan Amendment and Rezoning to the City Council based on the findings included in attachment 3; and 3. Review and conditionally approve the Site Development Permit and Use Permit based on the findings included in attachments 4 and 5, respectively and subject to the draft conditions of approval included in attachment 6. 34 35 The Boundary Line Adjustment that is included as part of this project is subject to the review 36 and approval of the City Engineer. The Boundary Line Adjustment would be scheduled for 37 review by the City Engineer after the General Plan Amendment and Rezoning have been 38 approved by the City Council and the Site Development Permit and Use Permit have been 39 approved by the Planning Commission. 40 Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 In order to construct a new electric substation, the project sponsor, City of Ukiah Electric Utility Department, is requesting approval of the following: 1. General Plan Amendment to change existing land use designations from Commercial and High Density Residential to Public; 2. Rezoning to change existing zoning designations from Community Commercial and Planned Development to Public Facility; 3. Site Development Permit for development of the site; 4. Use Permit for construction of a 10 -foot tall masonry wall to enclose the facility; and 5. Boundary Line Adjustment to reconfigure the existing 9 parcels into three parcels (one parcel for the electric substation (Parcel 1), one parcel for the City well (Parcel 3) and one parcel that would be vacant (Parcel 2). Table 1: Project Summary Information Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 2 General Project Information Project Name Orchard Avenue Substation Project Address Orchard Avenue between East Gobbi Street and Cindee Drive Project File No. 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BIA-CE Project Sponsor City of Ukiah Electric Utility Department Property City of Ukiah Owner Property Size 2.26 aces (comprised of APNs 003-582-04; 003-582-33; 003-582-34; 003-582-28; 003- 582-29; 003-582-30; 003-582-08; 003-181-34; 003-181-35) Nearest Cross East Gobbi Street and Cindee Drive Streets Existing and Proposed Use, General Plan, and Zoning Designations (see attachment 12, plans, sheets 16, 17, 18) Assessor Existing Proposed Existing Proposed Existing Proposed Parcel Number Use Use General Plan General Plan Zoning Zoning Designation Designation Designation Designation Community Public Facility 003-582-04 City Well City Well Commercial Public and Commercial* Commercial and C1 Commercial* Community Public Facility 003-582-33 Vacant Vacant Commercial Public and Commercial* Commercial and C1 Commercial* Community Public Facility 003-582-34 Vacant Vacant Commercial Public and Commercial* Commercial and C1 Commercial* 003-582-28 Vacant Electric High Density Public Planned Public Facility Substation Residential Development 003-582-29 Vacant Electric High Density Public Planned Public Facility Substation Residential Development Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 2 003-582-30 Single-family Electric High Density Public Planned Public Facility Residence Substation Residential Development Electric Community Public Facility 003-582-08 Vacant Substation Commercial Public and Commercial* Commercial and and Vacant C1 Commercial* Community 003-181-34 Vacant Substation Commercial Public Commercial Public C1 Community Public Facility 003-181-35 Vacant Substation Commercial Public and Commercial and and Vacant Commercial* C1 Commercial* 1 *Commercial portion of the site is the vacant 0.90 acre parcel at the corner of East Gobbi Street and Orchard 2 Avenue (see attachment 12, plans, sheet 17 Proposed General Plan and Zoning Designations) 3 4 Subsequent Actions if Project is Approved: 6 ® City Council Review and Approval of the General Plan Amendment and Rezoning 7 ® City Engineer Review and Approval of a Boundary Line Adjustment 8 ® Planning Commission Review and Approval of the Landscaping and Irrigation Plan 9 ® Improvement Plans 10 ® Grading and Building Permits 11 13 14 In order to maintain firm electrical capacity for the City, the City needs to add transformer 15 capacity before the system electrical demand reaches 37 Megavolt Amperes (MVA), which is 16 estimated to be during the 2010 summer peak. An evaluation of the alternatives determined 17 that the most feasible option to increase the transformer capacity is the replacement of the 18 existing Gobbi substation with a new facility (see Attachment 12: Plans, Sheets 4 and 5, 19 General Arrangement). 20 21 Existing Facility 22 The existing facility will remain as a Public Facility, operated by the Ukiah Electric Utility 23 Department. The existing facility will no longer serve the electrical load for the City when the 24 new facility is completed. The two transformers currently in the substation will be relocated to 25 the new facility. The existing transmission line on the east side of the site will remain and the 26 line extended to the west to service the new facility (see Attachment 7, Project Description and 27 Attachment 12, Sheets 4 and 5 Project Plans). 28 29 The existing communications/control enclosure will remain in service. The remaining electrical 30 equipment located in the facility, including circuit breakers, switches, insulators, bus, and steel 31 support structures, will be removed from the site and surplused, recycled or sent to a disposal 32 site if the items cannot be surplused or recycled. A draft condition of approval has been added 33 that requires a recycling/salvage plans as part of the information submitted with the building 34 permit (see attachment 6, conditions of approval). The below grade facilities, including 35 foundations, conduits and cables, and vaults will remain in place. The existing fence will also 36 remain. Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 3 1 New Facility 2 The new facility will include three components: an electrical substation, an extension to a 3 transmission line, and an underground electrical distribution ductbank. The general arrangement 4 of the equipment is provided in attachment 12, plans, sheets 4 and 5. The project also includes 5 a prefabricated control building and a 10 -foot tall masonry wall to enclose the site and provide 6 the required security. The substation includes the following major equipment: 7 8 ® Three 20126.6!33.3!37 MVA transformers 9 i Three 115 -kV circuit switchers 10 ® Four 115 -kV circuit breakers 11 i 115 -kV steel termination and switch structures about 46 feet in height 12 ® Equipment support structures, switches, insulators, electrical bus with an approximate 13 height of 29 feet 14 ® Prefabricated control building. The control building would house the 12 -kV switchgear, 15 protective relaying, DC battery system and communication equipment. The 12 -kV 16 switchgear will consist of three 2000Ampere (A) main buses, three 2000A main 17 breakers, two 200A bus tie breakers, and twelve 1200A feeder breakers. 18 19 Other components of the facility are: 20 ® Two pad -mounted distribution transformers located adjacent to the building providing 21 station auxiliary power 22 ® Ten -foot high concrete masonry block (CMU) wall providing for security and public safety 23 per the requirements of the National Electrical Safety Code (NESC), and visual 24 screening, with three 20 foot access gates and a man -gate opening onto Orchard 25 Avenue. The gates will provide access for substation maintenance personnel and 26 vehicle access to equipment. 27 ® The substation yard will be covered with a 6 inch layer of gravel. 28 f The substation will include an oil containment system for the oil -filled power transformers 29 as part of the Spill Containment, Control and Countermeasure Plan for the facility 30 required by state and federal regulations. 31 ® Underground distribution vaults. 32 ® Overhead Transmission Line: Construction of a 300 foot extension to the west of the 33 existing 115 -kV transmission line on the site of the existing electrical substation. The 34 line will include two single steel pole structures. The structures will be designed to 35 include a future circuit. No distribution under built is planned for the transmission line 36 structures. The estimated height of the structures would be 70 feet. 37 Underground Distribution Circuits: Construction of 12 -kV underground distribution 38 circuits in the vicinity of the New Orchard Street Substation to interconnect with existing 39 distribution circuits. The underground distribution work will consist of concrete encased 40 ductbanks and manholes located in the public right-of-way. 41 42 SETTING 43 44 Project Site 45 The project site is located on the west side of Orchard Avenue between East Gobbi Street and 46 Cindee Drive. The project site is comprised of 9 separate parcels (see attachment 12, plans, Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 sheet 18). The westernmost portion of the site with frontage on East Gobbi Street is developed with a City well that is nearing completion (see attachment 12, plans, sheet 17). The southernmost portion of the site with frontage on Orchard Avenue is developed with a vacant single-family residence. The center of the site is used seasonally for pumpkin sales at Halloween and the sale of Christmas trees. The site is relatively flat with 14 trees, assorted grasses and shrubs, and gravel areas. The site is accessed via driveways on East Gobbi Street and Orchard Avenue. Existing and Surrounding Land Uses An office building and multifamily residential (Autumn Leaves) uses are located to the west of the project site. To the north of the project site on Orchard Avenue are a vacant single-family residence on property zoned Neighborhood Commercial (CN), single-family residences, some of which have been converted to office and other light commercial uses, a restaurant and motel. To the north of the project site on East Gobbi Street are a mobilehome park, office and commercial uses. To the south of the project site are single-family homes and a church. To the east of the project site is the existing electrical substation and single-family residences. STAFF ANALYSIS General Plan The project site is comprised of 9 parcels. Six of these parcels (APNs 003-582-04; 003-582-33; 003-582-34; 003-582-08; 003-181-34; 003-181-34) have a Commercial (C) general plan land use designation. Properties with a Commercial land use designation are intended for commerce and business and are to be served by publicly maintained roads classified as Arterial or Major Collector. The remaining three parcels (APNs 003-582-28; 003-582-29; 003-582-30) have a High Density Residential (HDR) land use designation (maximum density of 28 units per acre). The HDR designation is permitted in conjunction with a planned development zoning designation. Properties with a HDR designation are intended for apartments, townhomes, and neighborhood oriented commercial uses that serve the needs of the residential area. The portion of the site with a HDR designation is developed with one vacant single-family residence. With a land area of approximately 28,000 square feet and maximum density of 28 units per acre, a maximum of 14 residences could be constructed on the portion of the site that has a HDR designation. However, the access to the site is via a narrow parcel (APN 003-181- 34) that has a Commercial land use designation. Public facilities uses, such as the proposed electric substation, are not uses intended for parcels with a Commercial or High Density Residential land use designation. Public facilities land uses include public utility facilities, utility installations, and civic uses. Both the proposed substation and the City well nearing construction on the project site are consistent with the uses intended for the Public land use designation. Therefore, the project includes amending the land use designation of the property (1.26 acres) that would be developed with the substation (Parcel 1) and the property (0.10 acre) that is being developed with the City well (Parcel 3) to Public (see attachment 12, plans, sheets 14 and 17). The remainder of the project site would be vacant and would retain its existing Commercial land use designation. Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 2 3 4 The following General Plan goals and policies appear to apply to the proposed project: Fable 2: General Plan Goal, Policy Energy, Section 44 Goal EG -8: Manage existing energy resources to meet increased demands and explore the use of new energy efficient technologies. Policy EG -8.1: Develop a load management program whereby existing electrical supplies can accommodate, to the extent feasible, future growth and development. Commur Goal CD -7: Improve the appearance of area gateways. Highway 101 is a first level gateway into the Ukiah Valley. Goal CD -7: Improve the appearance of area gateways. Gobbi Street is a second level gateway into the City of Ukiah. Staff Analysis 6 Energy Suppliers This project is a part of the load management program to provide upgraded electrical equipment to replace aging, less efficient electrical equipment and to provide energy resources to meet an anticipated future demand for increased electric power. Therefore, the project is consistent with the above goal and policy. y Design Only a small area of the northernmost section of the project site that that would be developed with the substation is visible from Highway 101. This section of the substation would most likely be viewed as part of the existing substation by people traveling along Highway 101 and would not be viewed as a new separate facility. The remainder of the new facility would be screened by the existing houses located west of Highway 101. Due to the height of some of the towers associated with the facility, portions of the towers may be visible from Highway 101; however, these would most likely be viewed as part of the existing facility and not as part of a new substation. The project would not detract from the appearance of the gateway since there is an existing substation immediately adjacent to Highway 101 and the new substation would be located within the City on Orchard Avenue, setback from Highway 101. Based on this, the project would have little if any impact on views from Highway 101 and would have little, if any, affect on the appearance of this gateway. The substation will not have frontage on Gobbi Street. Instead, the vacant parcel (Parcel 2) and the well site (Parcel 3) have frontage on Gobbi Street. The substation has frontage on Orchard Avenue. However, due to the height of some of the components of the facility, some components (such as transmission lines and towers) will be visible from Gobbi Street. Future development of Parcel 2 would further screen the substation from view from Gobbi Street, as well as from the intersection of Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 9 Goal, Policy Staff Analysis Orchard Avenue and Gobbi Street. The project would not degrade the appearance of Gobbi Street as a gateway since the existing electric substation is located on Gobbi Street and the new City well that is under construction is also located on Gobbi Street. Based on this, there is an established pattern of public facilities being located on this gateway. The project requires the planting of street trees, as well as, onsite landscaping. These features will help to enhance the appearance of the project and area. This will also help to offset the loss of the trees that would be removed as a result of this project. The project will replace an existing vacant residence that is in poor condition with a new substation, street trees, and onsite landscaping and also create a 0.90 acre vacant parcel that would be available for commercial development. Based on the above, the project would not degrade the appearance of the Gobbi Street gateway. The project may enhance the appearance of the Gobbi Street frontage/gateway with the installation of street trees and the creation of a 0.90 acre parcel that could accommodate a commercial development project at the corner of Gobbi Street and Orchard Avenue. Open Space and Conservation Goal OC -24: Replace aging trees with new trees. In order to construct the substation, the removal of all onsite trees is required. All of the existing trees Implementation Measure OC -24.1(x): Implement were likely planted with the single-family residence the program to replace aging trees giving on the site making them 30 years old or more. preference to native species. The project is required to plant street trees and will also plant onsite trees that do not conflict the substation facility and/or provide an opportunity to enter the facility where feasible. The landscaping requirements for the Public Facility zoning district strongly encourage the use of native species (see Table 4 below). This has been included as part of the request for proposals for the landscaping plan for the project. Based on the above, the project is consistent with Goal 24 and the associated implementation measure. Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE Goal,; Policy Staff Analysis Goal OC -25: Maintain and enhance the City's The General Plan does not define "shade tree" canopy of shade trees. making it difficult to determine how this goal applies to this project. Policy OC -25.1: Protect existing healthy mature trees to maintain shade and area attractiveness. An arborist letter report was prepared for the project. The report indicates that 12 of the 14 trees Implementation Measure OC -25-.1(a): During the have "poor" or "fair" structure indicating that they short-term planning period, utilize the Land should be removed not or in the future due to risks Development Code or enact an ordinance associated with stability. The two remaining trees identifying important shade trees and providing for were identified as having "good" structure and their long-term management and health. "high" health. The largest and most prominent tree on the site (5 -foot diameter coast redwood) was identified as having "good" structure with the note that there is breakage on the south side of the tree. Based on the arborist letter, it appears that 2 of the 14 trees that would be removed are healthy and the remaining trees on the site are not due to their structure. The zoning code requirements for the Commercial, Industrial, and Public Facility zoning districts do not require that onsite trees be retained and no separate ordinance has been adopted that requires existing trees to be retained. The project is consistent with Goal 25 and the associated policy and implementation measure based on the following: "shade" tree has not been defined, only and 2 of the 14 trees proposed for removal have been identified as healthy, and to date the land development code does not include an ordinance identifying important shade trees, and the Public Facility zoning district does not require preservation of existing trees. Goal OC -29: Maintain and enhance the "urban The General Plan does not define "urban forest" or forests" which create a sense of urban space. identify when these trees should be maintained. As noted above, 12 of the 14 onsite trees have been Policy OC 29-1: The development review process identified as having "fair" or "poor" structure shall incorporate measures to maintain and indicating that they are not suitable for enhance the urban tree canopy. preservation. Implementation Measure OC -29.1(b): Review The Public Facility zoning district requires construction and landscaping site plans to ensure landscaping as part of the development projects that healthy trees are not removed unnecessarily. (see Table 4 below). This project is required to provide onsite landscaping and street trees. These will be included as part of the landscaping plan required by the Public Facility zoning district requirements. The construction of the facility requires the removal off all onsite trees in order to ensure safety and to Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE Goal, Policy Staff Analysis prevent conflicts with the substation towers and equipment. Of the trees that would be removed 2 are healthy as noted above. These trees are being removed in order to ensure the safety of the facility and public and are not being removed unnecessarily. A landscaping plan is required to be submitted as part of the Use Permits and Site Development Permits required for this project. This requirement would assist in the replacement of the trees that would be removed in order to accommodate the construction of the proposed substation. The project is consistent with Goal OC -29 and the associated policy and implementation measure based on the following: "urban forest" has not been defined, only 2 of the onsite are suitable for preservation based on the arborist letter, the project is required to provide street trees and onsite landscaping, and the construction of the facility requires the removal of all onsite tree in order to ensure safety and avoid conflicts with substation above and below ground equipment. 1 2 General Plan Amendment Findings. In order to approve a General Plan Amendment, specific 3 findings are required to be made. Staff believes that the proposed project is consistent with the 4 findings required for approval of a General Plan Amendment based on the information provided 5 in Table 3 below. 6 7 Table 3: General Plan Findings Required Finding Staff Analysis The proposed amendment is deemed to be in the The amendment will allow for the construction of a public interest. new electric substation that is needed in order to meet the City's electric demand during the summer peak season and an anticipated future demand for increased electric power. The project will also replace aging, less efficient electrical equipment with new more efficient equipment. The proposed amendment is consistent and See General Plan section above and the Initial compatible with the rest of the General Plan and Study prepared for the project, especially the Land any implementation programs that may be affected. Use, Aesthetics, Biological Resources sections. The potential impacts of the proposed amendment The construction of the substation will assist public have been assessed and have been determined services, and thereby, promote public health, safety not to be detrimental to the public health, safety, or and welfare by ensuring that the City services such Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Required Finding Staff Analysis` welfare. as Police, Fire, Water and Sewer Facilities, and Transportation Infrastructure, have the necessary electricity to run effectively and safely. The project will ensure that there is adequate electricity to serve the citizens of Ukiah during the summer peak and in the future which will promote the public health, safety and welfare. The proposed amendment has been processed in An Initial Study was prepared and demonstrated accordance with the applicable provisions of the that there is no substantial evidence that supports a California Government Code and the California fair argument that the project, as mitigated, would Environmental Quality Act (CEQA). have a significant effect on the environment. The Initial Study and the Notice of Intent to Adopt a Mitigated Negative Declaration were publicly notices as required. The amendment has been processed as required by the California Government including the requirement to provide public notice of the project and public hearing. Ukiah Airport Master Plan. The project site is located in the B2 airport compatibility zone. The Ukiah Airport Master Plan includes Table 7A: Current Compatibility Criteria (see attachment 1, Initial Study, Page 50L and M) which identifies prohibited uses, normally acceptable uses and uses not normally acceptable. The proposed electric substation is not a use that is identified in Table 7A. Since the project includes a General Plan Amendment, the project was required to be routed to the Mendocino County Airport Land Use Commission (ALUC). The comments received from the staff planner for the ALUC stated that the project is compatible with the Comprehensive Airport Land Use Plan. Based on this response from the Mendocino County ALUC, the electric substation use is an acceptable use for this specific site located within the B2 compatibility zone. Zoning The Zoning is required to be consistent with the General Plan. In order for the zoning to be consistent with the General Plan land use designation proposed for the project, the project includes a rezoning of portions of the project site (Parcel 1 and Parcel 3) to Public Facility. 19 The six (6) parcels noted above that have a Commercial General Plan land use designation 20 have a Community Commercial (Cl) zoning designation. Public facilities are not allowed or 21 permitted uses in the C1 zoning district. The remaining three (3) parcels noted above that have 22 a High Density Residential General Plan land use designation have a Planned Development 23 (PD) zoning designation. Based on research, it appears that the PD designation was applied to 24 these parcels when they were annexed to the City in 1979. However, no zoning standards (uses 25 and development standards) were adopted as part of the PD zoning for these parcels. 26 Consequently, any new use or development of these parcels would require a rezoning to an 27 existing zoning district in order to establish development standards and uses or, if none of the Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 10 I City's existing zoning districts were appropriate, an amendment of the existing PD in order to 2 establish development standards and uses for these parcels. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The proposed substation and the City well nearing completion are both public utility facilities. These uses are allowed uses in the Public Facility (PF) zoning district. Therefore, the project includes the rezoning of the property (1.26 acres) that would be developed with the substation (Parcel 1) and the property (0.10 acre) that is being developed with the City well (Parcel 3) to PF (see attachment 12, plans, sheet 17, proposed General Plan and Zoning Designations). The remainder of the project site would be vacant and would retain its existing Community Commercial zoning designation. Rezoning Findings. Pursuant to Zoning Code section 9265, Zoning Text Amendments/Rezoning Findings, findings are not required for a rezoning unless the City Attorney advises the City Council to make findings in support of their action. Therefore, at this time no findings for the rezoning have been prepared for this project. Site Development Permit The project includes amending the General Plan land use to Public and rezoning to Public Facility the portion of the site that would be developed with the substation, as well as the area of the site that is being developed with the City well. Therefore, the site development permit for the substation has been evaluated for consistency with the Public Facility zoning district regulations. Development of the well site was previously approved by the City Council as an emergency project and is not subject to a site development permit. Table 4 below includes the applicable sections of the PF zoning district (Article 15): Table 4: Public Facilities Use and Development Standards (Zoning Code Article 15) Zoning Ordinance Standard and Section Substation (Parcel 1 on the plans) Allowed Use Public Utility Facility and Uses are Public electric utility facility (9170.7) allowed uses (no use permit required) Building Height Control Building: 13' 2" (9170.3 (C)) 40 -feet except for electrical transmission Bus: 29 feet towers which are not limited in height Transmission Tower: 70 feet Site Area No required site area 1.26 acres (9170.4) Yard Setbacks- No specific setback required. The intent Orchard Street/East Property Line (Front) 44' 11" to equipment Main Building is for setbacks to be equal or greater (9170.5) than those for adjacent districts (in this 72' 9" to building case C1, R2 and 113) The minimum setbacks from property North Property Line (Side) lines to the main building on the site 18' 3" to equipment required for the parcels adjacent to the substation site (Parcel 1 on the plans) are South Property Line (Side) noted below. 24' 11" to building East Parcel (eastside of Orchard Avenue West Property Line (Rear) Single-family Home): Zoned Planned 36' 2" to equipment Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 11 Zoning Ordinance Standard and Section Substation (Parcel 1 on the plans) Development Setbacks as developed. The most restrictive setbacks are the setbacks for the R2 zoning district noted in the column North Parcel (vacant Parcel 2 on the to the left. The substation equipment and plans): Zoned C1 building are consistent with the minimum Front Setback: 5 feet setbacks of the R2 zoning district. Side Setback: 0 Rear Setback: 0 South Parcel (Church): Zoned R2 Front Setback: 15 feet Side Setback: 10 feet Rear Setback: 15 feet West Parcel (Autumn Leaves): Zoned R3 Front Setback: 15 feet Side Setback: 5 feet Rear Setback: 10 feet Required Parking The substation will be unmanned, so there are (9170.6(A)) no regular shifts associated with the project. Maintenance of the facility will occur on a weekly or bi-weekly basis. Due to the infrequent need for parking, rather than a formal parking lot, the project includes a One parking space for each employee on location for employees to park within the duty at any one time and one space for facility. each vehicle used in conjunction with the (see attachment 12, Plans, Sheets 5 and 15). facility for a minimum of 3 spaces. The parking area shown is 40'2" wide and 43' 7" deep. Based on this, 8 vehicles could Minimum Parkins Space Dimension park in this location if parked in tandem (4 Width: 9 feet across and two deep). This area also provides Depth: 19 feet an area that is wide and deep enough for the parking of service and maintenance vehicles and equipment. This would provide adequate parking for the facility. Site Development Required for development projects Application includes a request for Planning Permit subject to findings required in section Commission approval of a Site Development (9170.7(B)) 9261(B) Permit. Landscaping Plan A landscaping plan is required for Project applicant has indicated that a (9170.7C ()) landscaping Ian is being prepared for the in p g p g pre p projects that requiring discretionary project (see attachment 8). review. To be included as part of the site The landscaping plan will include street trees development permit and use permit and landscaping between the masonry wall application. and the Orchard Street property line. Landscaping Landscaping shall be proportional to The project includes one building which is 28 Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 12 Zoning Ordinance Standard and Section Substation (Parcel 1 on the plans); (9170.7(E1)) building elevations. feet wide by 87 feet 13' 2" in height. Due to the nature of the facility and the security requirements, trees cannot be planted within the walls that enclose the facility and cannot be planted in an area proximate to the facility/walls that would allow a person to use the tree(s) to access the facility. See attachment 9, photo of control building and attachment 12, plans, sheet 5, general arrangement. Landscaping Plantings shall be those that grow well in The applicant has indicated that the plantings (9170.7(E2)) Ukiah's climate without extensive selected will comply with this requirement and irrigation. Native species are strongly has begun the process to select a landscape encouraged. architect. Landscaping Landscape plantings shall be of sufficient This standard requirement applies to this (9170.7(E3)) size, health, and intensity so that a viable project and this information has been provided and mature appearance can be attained as part of the request for proposals for in a reasonably short amount of time. selection of a landscape architect for the project. Landscaping The project includes one building which is 2,436 (9170.7(E4)) Deciduous trees shall constitute the square feet and 13' 2" in height. majority of trees proposed along the Due to the nature of the facility and the south and west building exposures; non- security requirements, trees cannot be planted deciduous trees shall be restricted to within the walls that enclose the facility and areas that do not inhibit solar access. cannot be planted in an area proximate to the facility/walls that would allow a person to use the tree(s) to access the facility. Landscaping Parking lots with twelve (12) or more (9170.7(E5)) parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees N/A shall primarily be deciduous species, and The parking area includes fewer than 12 shall be designed to provide a tree canopy coverage of fifty percent (50%) spaces. over all paved areas within ten (10) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. Landscaping N/A (9170.7(E6)) Parking lots shall have a perimeter The project does not include a parking lot, but planting strip with both trees and shrubs. rather will informally use a gravel area within the walls of the facility when parking is needed. Due to security requirements and Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09 -07 -BSA -CE 13 Zoning Ordinance Standard and Section Substation (Parcel 1 on the plans) safety concerns, trees and other landscaping cannot be planted within the walls of the facility. Landscaping Parking lots with twelve (12) or more (9170.7(E7)) parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped N/A areas and/or separated from automobile The parking area includes fewer than 12 travel lanes. Based upon the design of spaces and the facility is not open to the the parking lot, and the use that it is public. serving, relief from this requirement may be approved through the discretionary review process. Landscaping Street trees may be placed on the Street trees will be installed as part of the (9170.7(E8)) property proposed for development project in a location that complies with instead of within the public right of way security requirements and does not allow if the location is approved by the City people to utilize the tree to access the Engineer, based upon safety and substation facility. maintenance factors. m Landscaping The substation site is 1.26 acres (54,886 (9170.7(E9)) All new developments shall include a square feet). This would require a landscaped landscaping coverage of twenty percent area of 10,978 square feet. The proposed (20%) of the gross area of the parcel, landscaped area is 3,855 square feet (see unless because of the small size of a attachment 8, landscape area on site plan). parcel, such coverage would be Project sponsor is requesting a modification to unreasonable. A minimum of fifty this requirement since constraints related to percent (50%) of the landscaped area facility equipment and security requirements shall be dedicated to live plantings. make compliance with this requirement infeasible. Landscaping Irrigation Plan (9170.7(E10)) A conceptual irrigation plan will be provided as part of the landscaping plan and will return to Planning Commission for review and approval as part of the landscaping plan. Landscaping plans shall include an Signs automatic irrigation system, signs, No signs are proposed as part of this project. lighting plan, and any other design Lighting amenities. Lighting details have been provided as part of the project (see attachment 10, Lighting Plans) and Lighting discussion below. Other Design Amenities No other design amenities are proposed as part of this project. Landscaping All required landscaping for public facility This standard requirement will apply to this (9170.7(E11)) development projects shall be project. adequately maintained in a viable Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 14 Zoning Ordinance Standard and Section Substation (Parcel 1 on the plans) condition. Landscaping— The Planning Director, Zoning Modifications to Administrator, Planning Commission, or Standards City Council shall have the authority to (9170-7(E12)) modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development oroiect. Additiona Yard Setbacks — Walls and Fences Section 9178(6) Landscaping — Street Trees Wall and fence height is limited to 3 feet in the required front setback. A maximum of 6 feet is allowed when the fence/wall is beyond the front setback. A wall higher than 6 feet may be allowed in order to enclose commercial and industrial uses, tennis courts or similar areas with approval of a use permit. As noted above, there is no specific required setback for the Public Facilities zoning district with the intent that the setbacks be equal or greater than the setbacks of the adjacent zoning districts. Of the zoning districts adjacent to the substation site, the R2 district located to the south requires the greatest front setback, 15 feet. Street trees are required to be planted as part of this project. The standard requirement is one tree every 30 feet of project frontage. The project sponsor is requesting modifications to the landscaping standards due to the nature of the project as noted above. is Orchard Street/East Property Line (Front) 20' 11" to wall North Property Line (Side) 2 feet to wall South Property Line (Side) 3 feet to wall West Property Line (Rear) 5 feet to wall The proposed wall is setback more than the 15 feet required for front setbacks in the adjacent R2 zoning district. The wall is also setback from the side and rear property lines, although this is not required. The wall could be located immediately adjacent to the property line or with the agreement of the adjacent property owner could be located on the property line. The substation has 212 feet of frontage on Orchard Avenue. Based on this 212 of frontage, 7 street trees would be required. However, due to the number and location of driveways, it would be infeasible to plant 7 trees along the Orchard Avenue project frontage. As an alternative, the Planning Commission could 1) recommend the number of street trees be reduced 2) street trees be planted along the Orchard Avenue and/or East Gobbi frontage of the vacant parcel (Parcel 2 on the plans) 3) trees be planted on the site or along the frontage of the existing substation site if feasible 4) trees be planted at an offsite City property or 5) other alternative as recommended by the Planning Commission. Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Zoning Ordinance Standard and Section Substation (Parcel 1`on the plans) Bicycle Parking N/A No bicycle parking has been proposed as part The Public Facility zoning district does of this project. The facility is not open to the not require bicycle parking. public and since the facility is unmanned employee visits to the site would be via maintenance/service vehicle not bicycle. Building. The project includes one pre -fabricated building that would house control equipment for the facility and a restroom. No office space is included in the building. The building would be located proximate to the south property line of the substation site (Parcel 1) and would measure 28 feet by 87 feet (2,436 square feet) and would be 13 -feet 2 -inches in height (see attachment 12, plans, sheets 5 and 9A). Since the height of the wall that would enclose the facility would be 10 -feet most of the building would be screened by the wall and would not be visible. Color samples for the building that will be available at the meeting. The available colors include grey, which would match the color of the components of the facility. Alternative colors include natural and earth tones that could be coordinated with the wall color and landscaping for the site. It may also be desirable to coordinate the color of the building and wall with the color of the building that encloses the well located on Parcel 3 (see attachment 12, plans, sheets 14 and 17). Wall and Gates. Due to the security requirements of the facility and to provide screening of the facility from the public right-of-way and adjacent properties, the project proposes a 10 -foot concrete masonry unit (CMU) wall (see attachment 12 plans, sheet 13). In order to provide adequate access to the site for maintenance equipment/vehicles and employee vehicles, the project also includes three vehicle gates and one man gate. The applicant has indicated that the material for the gate would be aluminum; however, this information is not noted on the plans. Staff has included a draft condition of approval that the material for the gates be aluminum. The applicant has proposed to use the louvered sliding gate system shown in attachment 11 in order to provide additional screening of the site and has stated that the color of the gates would be black as shown on the rendering. Wall color samples will be available at the meeting. The colors available could be coordinated with the building color and as noted above could be grey to match the facility of could be a natural or earth tone to present a more natural appearance and coordinate with the landscaping. Lighting. The project includes wall mounted and structure mounted exterior site lighting as shown on the lighting plans as described below(see attachment 10): Wall Mounted Lighting ■ Attached to the interior of the 10 -foot wall that would enclose the facility; ® Located 8 feet above grade; and ® Holophane Wallpack IV light fixture. Appears to be downcast but it does not appear to be International Dark Sky Association approved and it is unclear if the top of the fixture prevents light from being directed upwards. The fixture details note that the optic is Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 16 1 "cutoff." However, the details identify a portion of the top of the fixture as "prismatic glass 2 optics." 3 4 Due to the height of the wall and proposed height of these fixtures, it is unlikely that light 5 from these fixtures would be visible from outside of the facility. 6 7 Structure Mounted Lighting 8 ® Attached to structures located within the 10 -foot walls that would enclose the facility; 9 ® Located 12 -feet above grade; 10 Holophane Bantam 2000 Prismatite fixture appears to be downcast and hooded. The 11 fixture does not appear to be International Dark Sky Association approved. 12 13 Due to the height of the wall and proposed height of these fixtures, light from these fixtures 14 would be visible from off-site. 15 16 The mitigation measures for the project require that a lighting plan is required to be submitted 17 for review and approval of the Planning Commission as part of the Site Development Permit and 18 Use Permit applications. Lighting fixtures shall meet the International Dark Sky Association 19 standards and cutsheets shall be provided as part of Site Development Permit and Use Permit 20 applications. The fixtures that have been proposed for the project do not appear to comply with 21 this requirement. The Planning Commission may require the applicant to provide alternative 22 light fixtures for the project or may direct staff to revise the mitigation measure and approve the 23 lighting as proposed. 24 25 Site Development Permit Findings. In order to approve a site development permit, specific 26 findings are required to be made. Staff believes that the proposed project is consistent with the 27 findings required for approval of a Site Development Permit based on the information provided 28 in Table 5 below. 29 30 Table 5: Site Development Permit Findings Required Finding Staff Analysis 1. The project is consistent with See "General Plan" above. the goals, objectives, and policies of the City General Plan. 2. The location, size, and intensity The substation would be located on an existing street. The closest of the proposed project will not intersections are East Gobbi Street which is signal controlled and create a hazardous vehicular or Cindee Lane which is stop sign controlled. The project would not pedestrian traffic pattern. make any changes to the intersections or street alignment. The project would enhance the pedestrian traffic pattern by providing new sidewalks, street trees and landscaping along the Orchard Avenue project frontage. The location, size and intensity of the substation are similar to the existing substation facility. 3. The accessibility of off-street The substation site would be accessed from and have frontage on parking areas and the relation of Orchard Avenue. The project includes three driveways from parking areas with respect to traffic Orchard Avenue that are adequate to provide access for employee on adjacent streets will not create vehicles and service vehicles/equipment. The project plans include a hazardous or inconvenient a maneuvering plan in order to demonstrate that there is adequate condition to adjacent or access and maneuvering to and through the substation site. surrounding uses. The substation includes a parking area within the walled facility. Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 17 Required Finding Staff Analysis The facility is unmanned and, therefore, will generate very little traffic. The project will not change the street alignment. The project, including site access and circulation was reviewed by Public Works and determined to be adequate. 4. Sufficient landscaped areas The building and the tower structures are located an adequate have been reserved for purposes distance from adjacent properties as shown on sheet 5 of the plans. of separating or screening the The closest part of the substation is located 18 feet from the north proposed structures from the street property line and approximately 19 feet from East Gobbi Street, 36 and adjoining building sites, and feet from the west property line and 102 feet from the apartments breaking up and screening large (Autumn Leaves); 24' 11 " to the south property line; and 20'11 " expanses of paved areas. from the wall to the east property line and 120 feet to the single- family residence on the east side of Orchard Avenue. These setbacks provide adequate separation of the facility from the street and adjoining building sites. Street trees will provide screening of the site from the east. No landscaping is proposed along the north, west or south properties due to the security and safety concerns associated with the facility. The project does not include large expanses of paved areas. The area within the walls of the facility will be primarily gavel, but will not be visible from the street, public areas, or adjacent properties due to the height of the wall. 5. The proposed development will The substation facility is primarily an `open" facility comprised of not restrict or cut out light and air tower like structures rather than buildings. The building on the site on the property, or on the property is relatively small in size and located a minimum of 24 feet from the in the neighborhood; nor will it south property line which is the closest property line. hinder the development or use of buildings in the neighborhood, or The site of the substation is currently developed with a vacant impair the value thereof. single-family residence that is in poor condition. The existing substation, a new City well, and Highway 101 are located proximate to the substation site. Based on these surrounding land uses, there is an established pattern of public facilities being located in the area. The proposed project is consistent and compatible with these existing public land uses and the project would replace a vacant residence that has the potential to become an attractive nuisance. 6. The improvement of any N/A commercial or industrial structure The project is a Public Facility use and does not include a will not have a substantial commercial or industrial structure. detrimental impact on the character or value of an adjacent residential structure. 7. The proposed development will The project site does not include any water courses. not excessively damage or destroy The site is relatively flat, therefore, site grading will be limited. natural features, including trees, Natural site features are limited to trees, shrubs and grasses. shrubs, creeks, and the natural grade of the site. In order to construct the facility, all of the onsite trees would be removed. An arborist report was prepared that evaluates the condition of the existing trees. Twelve of the 14 onsite trees were identified as having poor or fair structure. Based on this, these trees are not suitable for preservation. The remaining two trees require Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE M] Required Finding Staff Analysis The project is consistent with the removal due to their location on the site which would conflict with goals, objectives, and policies of the and provide a hazard related to substation below and above ground City General Plan. equipment. The project will not excessively destroy or damage The project is consistent with the trees since 12 of the 14 trees on the site are not suitable for applicable provisions of the Zoning preservation and the remaining two trees are not suitable for Code. preservation since to their location conflicts with the equipment for The proposed land use is compatible the facility. 8. There is sufficient variety, Due to the nature of the facility, this finding does not appear to creativity, and articulation to the apply to the proposed substation project. However, the control architecture and design of the building is a prefabricated building that will be located within the structure(s) and grounds to avoid proposed 10 -foot wall. The height of the building would be 13 -feet monotony and/or a box -like 2 -inches. Therefore, very little of the building would be visible above uninteresting appearance. the wall. The color for the building and the wall can be coordinated to further reduce the visibility of the building. The front of the site will be landscaped with groundcover and shrubs. Trees also be planted at the front of the site to the degree feasible based on the security requirements for the facility. 1 2 Use Permit. 3 The project includes an application for a use permit to allow the construction of a 10 -foot tall 4 masonry wall to enclose the facility as shown on the project plans (see attachment 12, sheets 5 5 and 11-13). Zoning Code section 9178(131) limits maximum fence height to 6 -feet measured 6 from the original grade on the lot. In order to provide the security required for the facility, the 7 project includes a 10 -foot tall masonry wall surrounding the facility (see Wall and Gates above). 8 9 Zoning Code section 9178(133) allows wall/fence height to exceed 6 -feet to enclose commercial 10 or industrial uses or similar areas with approval of a use permit. Due to the nature of the facility, 11 similarity to many industrial uses, and the need to provide adequate safety and security, staff 12 believes the substation is consistent with the types of uses that may be considered for additional 13 fence/wall height through the use permit process. 14 15 Use Permit Findings. In order to approve a use permit, specific findings are required to be 16 made. Staff believes that the proposed project is consistent with the findings required for 17 approval of a Use Permit based on the information provided in Table 6 below. 18 19 Table 6: Use Permit Findings Required Finding Staff Analysis The project is consistent with the See "General Plan" above. goals, objectives, and policies of the City General Plan. The project is consistent with the The substation is consistent with the requirements of the Public applicable provisions of the Zoning Facility zoning district as noted in Table 4 above. Code. The proposed land use is compatible The wall will be setback the minimum required distance of 15 - with surrounding land uses. feet from the front property line. The existing facility located on the east side of Gobbi Street has a cyclone fence 8 feet in height with one additional foot of barbed wire for a total height of 9 feet. Street trees and landscaping will be provided between the wall Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 19 Required Finding Staff Analysis and the east property line to provide screening. The fence is setback 3 feet from the south property line, 5 feet from the west property line and 2 feet from the north property line. There are existing trees on the property to the west (Autumn Leaves) that will provide screening. The proposed land use shall not be The wall will provide the safety required for the facility be limiting detrimental to the public's health, access to the site to authorized personnel only. Limiting the wall safety and general welfare. height to the 6 -foot height allowed by the zoning ordinance would make unauthorized entry into the facility easier which could present a hazard to the person(s) entering the facility as well as to the greater public should damage occur to the facility. 2 3 ENVIRONMENTAL REVIEW 4 5 Pursuant to the requirements of the California Environmental Quality Act, an Initial Study of 6 potential environmental impacts was prepared (Attachment 1). The potential for the following 7 significant impacts were identified: aesthetics, air quality, biological resources, cultural 8 resources, geology and soils, hazards and hazardous materials, hydrology and water quality, 9 noise, and transportation and traffic. In order to address the impacts identified in the Initial 10 Study, a Mitigated Negative Declaration was prepared that includes measures to reduce the 11 impacts identified to a level that is less than significant. Mitigation measures have been 12 proposed and agreed to by the project applicant/project sponsor that will reduce potential 13 impacts to a level that is less than significant. A Mitigation Monitoring Report (MMR) has also 14 been prepared (see attachment 2 of the Initial Study). The MMR follows the project through to 15 completion in order to ensure compliance with and implementation of the mitigation measures 16 included in the MND. In addition, there is no substantial evidence that supports a fair argument 17 that the project, as mitigated, would have a significant effect on the environment. 18 19 PUBLIC NOTICE 20 21 A notice of public hearing was provided in the following manner: 22 23 ® posted in three places on the project site on November 19, 2009; 24 ® mailed to property owners within 300 feet of the project site on November 19, 2009; 25 ® published in the Ukiah Daily Journal on November 20, 2009; and 26 a posted a Notice of Intent to adopt a Mitigated Negative Declaration with the County Clerk 27 on November 20, 2009. 28 29 As of the writing of this staff report, no correspondence has been received in response to the 30 notice. 31 32 33 34 35 Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Attachments 1. Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program/Report 2. Draft Findings to Adopt a Mitigated Negative Declaration 3. Draft Findings to Approve the General Plan Amendment 4. Draft Findings to Approve the Site Development Permit 5. Draft Findings to Approve the Use Permit 6. Draft Conditions of Approval 7. Project Description 7A. Arborist Letter 8. Landscaping Plan Description with Site Plan 9. Photo of Prefabricated Control Building 10. Lighting Plan 11. Louvered Sliding Gate Manufacturer's Information 12. Project Plans Orchard Avenue Electric Substation Orchard Avenue South of East Gobbi Street File Nos: 09 -03 -GPA -CC; 09-04-REZ-CC; 09 -05 -SDP -PC; 09 -06 -UP -PC; 09-07-BLA-CE 21 '■ SAN rim OF 'UKIAH CALIFORNIAUKIAH, r e a � x } s � z PROJECT MANAGER: ANTHONY HANSON (615)-431-3226 0 LAUGHLIN VANIJ ' COOPER 101 �a f THE FORKS Y2 SITTER SPRINGS SITE PRESSWOOD UPPER LAKE ROSE PLACE LOCATION � � REGINA HEIGHTS UKIAH TALMAGE ASYLUM EL ROBLE LUCERNE ` CLEAR LAKE ... . LAKEPORT REV DATE CHK'D APP'D REVISION DESCRIPTION 1 � NOT TO S AWS AWS .J —�117 60o ST. 5 - ORCHARD _ 5- o� ORCHARD SUBSTATION 0 z U 1 LOCATION P. NOT R.W. Beck, Inc. 131 Seundersville Rd., Suite 300 Hendersonville, TN 37075 (615) 431-3200 CITY OF UKIAH rnVJrU[ NUM MM ORCHARD SUBSTATION 07.011446.012S20110 SHEET OF. t t TITLE PAGE DRAWING NUMBER: ORCHARD -€-0( niAn'f%lr- )WOM\2VGAOSdVU M —14VINn 92tt0-9titi00—L()\S ti am In :D - 9C:Gt - 600t/St/6 - SNOOM �EG���� ----- FACE opCURB PRIMARY PROPERTY LINE ___----' NEW SUBSTATION EQUIPMENT EXISTING SUBSTATION FOUNDATION! ADDITIONAL SURVEY INFORMATION NEW lum/oucTaANK | | rill � cz \ rill '� ----'- � v urs_tli i5'�+-�s'r P'ctueFCew. iNY���r� nl u7f'''uK` ..e• )7N, P,'.M, II`.ES 1-u!' r pS PON 9R. rr i{ LI' WE �Ml orrxx C00 j 30 7L t L W B , 1: 57 ' N I - tJ GL3,Itt 7t51C 1 PiPM IV, y �'— Losrtnnt Facv� 1J=,P , F�.,31y2�,,.'" �' LL. 1 �i�'-�� Y:=:R�ijCl I: 771 lt"�Slt� S •i�SCHVS C} 12C) f.1_,t r. 'JU'iv 1 I� II' ;1iJ p NSiC.LI. - �, �, 1I tied,. ui"os F Ih44 LV s 10'-0" CMU OR PREFABRICATED.: WALL R ' J , ,11 git n NEW PROPERTYtINE 11 7 � � nz _ ua-sn2 63 _ ROLLING GATE . 1 SETBACK 1 I (y u' , � � � ; � F I •:1;t o rrr_-t tct e � �� J I � i. •- (F L'°, isr ""5: ¢ce fl ie n } � rs o P 3) t! �n t s-5! �u P�/2 IP P CYC L lij ` I, s r/ t•11 ' .� ` 5 7 1 R^; Ktx t 3. E. N dA MIN. EQUIPMENT 1' ❑ (_,, . R.4( 1 1 ' ` n: l , pCK I _n d "I ' "F ' a ' RESIDENCE SETS In } ty -- s, •:iz r a 5 MIN.EOu1PM l L �� R471GP.T t x,.54 ��• i • �,t. SETBA,,C�K, �',1 X1,^.,7 S7 Oi7 t� Itit()I ;`ll]fI )- DRPAW R 5tI '�t`�' .4-•t. Ni.C.R.. CC))i (ROLLING Y D551 ATE 1 t )sr c 27 IiuS)RJ g m, ROLLING + 1+ ATE hit � 'r S,BNCK - j I'it Pp�NGAREA++ TY 7 i � rai Fa'cC' 1+ 7 + '+ ,r c? �• �y -- '�P,A75 s:J + + +I I ;utuF, �,. tuwa7cn� RESIDENCE s� r N 477• i +i r .--• '` "� l RAV Fr.S' U No 003_.EMY 1r S2E7BAGKw FE ESETB ttrha' r• - I 43 AREA 1.0T w7f 1 PARKINGWit w \ / _ (16f.4 04 It Al ) ['ir 11'1.! F � pvd?i Fi17u '1-5�--- C (1 I r i d 11 It F IL..; J 17 IF,. 1, Afl R.,.t&.,,2 .,: ?G'_00 n? , 1` _` M-00107 Offh'77 M-I6I-33 ara C53 -552-3J 3•A° 1 � h -. r FENCESETBACK r -sig- t , r5� DESIGNED AWS R.W. Beck, Inc. 25 D 25 SD 75 131 Saundersville Rd., Suite 300 DRAWN I ' -� Hendersonville, TN 37075 AWS PRELIMINARYSCALE IN FEET (615) 431-3200 RST DATE I CWD I APP'D I REVISION DESCRIPTION LEGEND: FACE OF CURB PRIMARY PROPERTY LINE NEW SUBSTATION EQUIPMENT ADDITIONAL SURVEY INFORMATION CONCRETE DRIVE ENTRANCE + + + + PARKING AREA + + + + + TOTAL SITE AREA: 55,000 SOARE FEET TpAEXISTING NSMISSTON LINE PERVIOUS AREA TOTAL: 46,067 SQUARE FEET GRAVEL YARD AREA: 41,79D SQUARE FEET LANDSCAPED AREA: 1,320 SQUARE FEET GRASS AREA: 2,535 SQUARE FEET IMPERVIOUS AREA TOTAL: 9,355 SQUARE FEET CONTROL BUILDING & EQUIPMENT FOUNDATIONS: 5,252 CONCRETE DRIVEWAY & PARKING PADS: 4,103 CITY OF UKIAH 4� J� ORCHARD SUBSTATION GENERAL ARRANGEMENT CURRENT ZOIVtPIC 4527 P<t e� I 4'I ACF OF MOOR ` :�.:. -5l' .._..._- � yip 1236-201°6 c x ,' Q stor:vtt i✓��•�'• µ Ij�tti v urs_tli i5'�+-�s'r P'ctueFCew. iNY���r� nl u7f'''uK` ..e• )7N, P,'.M, II`.ES 1-u!' r pS PON 9R. rr i{ LI' WE �Ml orrxx C00 j 30 7L t L W B , 1: 57 ' N I - tJ GL3,Itt 7t51C 1 PiPM IV, y �'— Losrtnnt Facv� 1J=,P , F�.,31y2�,,.'" �' LL. 1 �i�'-�� Y:=:R�ijCl I: 771 lt"�Slt� S •i�SCHVS C} 12C) f.1_,t r. 'JU'iv 1 I� II' ;1iJ p NSiC.LI. - �, �, 1I tied,. ui"os F Ih44 LV s 10'-0" CMU OR PREFABRICATED.: WALL R ' J , ,11 git n NEW PROPERTYtINE 11 7 � � nz _ ua-sn2 63 _ ROLLING GATE . 1 SETBACK 1 I (y u' , � � � ; � F I •:1;t o rrr_-t tct e � �� J I � i. •- (F L'°, isr ""5: ¢ce fl ie n } � rs o P 3) t! �n t s-5! �u P�/2 IP P CYC L lij ` I, s r/ t•11 ' .� ` 5 7 1 R^; Ktx t 3. E. N dA MIN. EQUIPMENT 1' ❑ (_,, . R.4( 1 1 ' ` n: l , pCK I _n d "I ' "F ' a ' RESIDENCE SETS In } ty -- s, •:iz r a 5 MIN.EOu1PM l L �� R471GP.T t x,.54 ��• i • �,t. SETBA,,C�K, �',1 X1,^.,7 S7 Oi7 t� Itit()I ;`ll]fI )- DRPAW R 5tI '�t`�' .4-•t. Ni.C.R.. CC))i (ROLLING Y D551 ATE 1 t )sr c 27 IiuS)RJ g m, ROLLING + 1+ ATE hit � 'r S,BNCK - j I'it Pp�NGAREA++ TY 7 i � rai Fa'cC' 1+ 7 + '+ ,r c? �• �y -- '�P,A75 s:J + + +I I ;utuF, �,. tuwa7cn� RESIDENCE s� r N 477• i +i r .--• '` "� l RAV Fr.S' U No 003_.EMY 1r S2E7BAGKw FE ESETB ttrha' r• - I 43 AREA 1.0T w7f 1 PARKINGWit w \ / _ (16f.4 04 It Al ) ['ir 11'1.! F � pvd?i Fi17u '1-5�--- C (1 I r i d 11 It F IL..; J 17 IF,. 1, Afl R.,.t&.,,2 .,: ?G'_00 n? , 1` _` M-00107 Offh'77 M-I6I-33 ara C53 -552-3J 3•A° 1 � h -. r FENCESETBACK r -sig- t , r5� DESIGNED AWS R.W. Beck, Inc. 25 D 25 SD 75 131 Saundersville Rd., Suite 300 DRAWN I ' -� Hendersonville, TN 37075 AWS PRELIMINARYSCALE IN FEET (615) 431-3200 RST DATE I CWD I APP'D I REVISION DESCRIPTION LEGEND: FACE OF CURB PRIMARY PROPERTY LINE NEW SUBSTATION EQUIPMENT ADDITIONAL SURVEY INFORMATION CONCRETE DRIVE ENTRANCE + + + + PARKING AREA + + + + + TOTAL SITE AREA: 55,000 SOARE FEET TpAEXISTING NSMISSTON LINE PERVIOUS AREA TOTAL: 46,067 SQUARE FEET GRAVEL YARD AREA: 41,79D SQUARE FEET LANDSCAPED AREA: 1,320 SQUARE FEET GRASS AREA: 2,535 SQUARE FEET IMPERVIOUS AREA TOTAL: 9,355 SQUARE FEET CONTROL BUILDING & EQUIPMENT FOUNDATIONS: 5,252 CONCRETE DRIVEWAY & PARKING PADS: 4,103 CITY OF UKIAH - -- -' -- ORCHARD SUBSTATION GENERAL ARRANGEMENT 07-00446.01236-10DD SHEET OF: 1 1 DRAWING NUMBER: 1236-201°6 RPV I DATE ICHIM B REVISION DESCRIPTION AWS AWS 15 0 15 30 i 1 SCALE IN FEET R.W. Beck, Inc. 131 Saundersville Rd., Suite 300 Hendersonville, TN 37075 (615)431-3200 CITY OF UKIAH ORCHARD SUBSTATION EQUIPMENT PLAN 4;0 07-OWN1236-1000 1236-300.D (2}500 WMIL CU HD 16-0° AWS AWS Rry I DATE I CHWD I APPT I REVISION DESCRIPTION of I SECTION � 5 0 5 10 PRELIMINARY I I SCALE IN FEET R.W. Back, Inc. 131 Saundersville Rd., Suite 300 Hendersonville, TN 37075 (615)431-3200 CITY OF UKIAH ORCHARD SUBSTATION EQUIPMENT SECTIONS A & B 07-00446-01236-1000 SHEET OF: 1 1 DRAWING NUMBER: 1235-301.0 gBus ltp• 18'4" 15'-0° SECTION 300 8'-0° 15,-0° 15 0° 1 SECTION D3oo AWS AWSPRELIMINARY 5 D 5 10 SCALE IN FEET __. I -- I rUWn I Avon I REVISION DESCRIPTION R.W. Beck, Inc. 131 Saundersville Rd., Suite 300 Hendersonville, TN 37075 (815)431-3200 CITY OF UKIAH ORCHARD SUBSTATION EQUIPMENT SECTIONS C & D 9 07-0044641236-1000 1236-302-C 500 WMIL 2.500 Cu .mi I nnTF I MCD I APP'D I REVISION DESCRIPTION SECTION E ,. 3D0 2.5DD WMIL CU HD SECTION 30D AWS 5 0 5 10 AWS I I I __] SCALE IN FEET R.W. Beck, Inc. 131 Saundersville Rd., Suite 30D Hendersonville, TN 37075 (615)431-3200 CITY OF UKIAH ORCHARD SUBSTATION 01 EQUIPMENT SECTIONS E & F 07.0044M1236.100D 1236.303-C 2-5D0 kCMIL CU HD. 181-T 27'-2" SECTION 181-V 2.50D kCMIL T IPS AL / CU HD SECTION 300 REVISION DESCRIPTION SECTION CITY OF UKIAH D ORCHARD SUBSTATION 07-00446-01236-1000 AWS R.W. Beck, Inc.EQUIPMENT I SECTIONS G, H, & J SHEET OF: 131 Saundersville Rd., Suite 300 AWS PRELIMINARY 5 0 5 10 Hendersonville, TN 37075 DRAWING NUMBER: ME (615) 4314200 SCALE IN FEET 1236-304.0 DRAWN ISSUED FOR RX Bed, Inc. REFERENCE 131 Soundersville Rd., Suite 300 Hendersonville, TN 37075 ONLY (615)431-3200 REV I DATE I CHKT) I APPD I REVISION DESCRIPTION CITY OF UKIAH rKujru 1 14UMDEM ORCHARD SUBSTATION 1/ 07-0096-01236-20DO SHEET` OF, 1 1 SUBSTATION RENDERING DRAWING NUMBER: (NORTH VIEW) N. VIEW. REV I DATE I CHILD I APP) I REVISION DESCRIPTION CITY OF UKIAH - ORCHARD SUBSTATION 07�o g&0123s-1000 " R.W. Bea, InC, SHEET OF: ISSUED FOR 139 Seundersvb Rd., Suite 300 SUBSTATION RENDERING Hendersonville, TN 37075 (SOUTHEAST VIEW) DRAMNGREFERENCE Nun�sER: (615)431-3200 SE. VIEW. ONLY T C,(�j ... j,t7EB-�' e w+b >x r ` NEW 20'x28' 1—�--------—o' c ,_ u: 3 r UTILITY 1 Sufi Oktnl Pa• -c I s 5b o— , fc. r — EASEMENT w wig - -m - fAJ1 _ h/�Jy�_,� '- )•,_.-._ �` ' .rte �'� sem' ` E 1fr, 2.! {3.0 ;ti ffi 1 a --71I 7k,Y;): Gj J67 C 3 114't^t54aw41 COU:_ ��.• El :7 H1u1!ft li PA CEL 0"10 ACRE JA9-24-09 9 28 091141VDAPPID ADDED PARCEL 3 ORIGINALneTO nLnY -/ MENT 45Amll r c - 4, r 5 Iq 1 1 ��1, ES F 1 ' goo '+ NEW PROPERTY UNE €.0 � � jR t Goo G: n ,POI 170'5" 254',0" a:3 v 1=34.GG if PARCEL 1 � Fa �•, o, � 11 PA CEL 1+ 0.90 ACRE 8 � 41 tu'11003-537-3'_ t PPN 003 170'5" 254',0" a:3 v 1=34.GG if PARCEL 1 � 1.26 ACRES 11, 3T I I'll 903-`. �'car VAi2C , '�: rrlt � X11 'I` I rl. , 1 12 ;> 1. Pl;R(TU t 1 1 Di G'1 of S , ,3 -3. 27 g i =e) 245'-10" AWS AWS CURRrNT ZONING 0 4.rtL71\ CJtV r U.' t, :M12 PaCr l + Y7^.>OC'Tf� �� I'I!n', All ii4h5SF, ill I".t U , 4 2[70 C4i307 OR "p.] ,m _ 25 D 25 50 71 i SCALE IN FEET 1.9:-x9672OH ?Yl PY 507.-35 1� F IOT � Or " s• 7 (U EG 1 11-! 2890 14.:17 OR ,4Fil Gm -181-33 LEGEND; NEW PROPERTY LINE NEW UTILITY EASEMENT ®n PARCEL 3 PROPERTY LINE i EXISTING UTILITY EASEMENTS CITY OF UKIAH ORCHARD SUBSTATION D7-00446-01236 10DD smR.W. Beck, Si1EET op 131 .Beck, Inc.Inville Rd., Suite 300 PROPOSED LOT LINE ADJUSTMENT 1 1 Hendersonville, TN 37075 DRAWING NUMBER: (615) 431-3200 1236®SK3-S PARCEL 1 1.26 ACRES I'll 903-`. Di G'1 1'I! X73-502-%6 _ aG,.., ,19 AWS AWS CURRrNT ZONING 0 4.rtL71\ CJtV r U.' t, :M12 PaCr l + Y7^.>OC'Tf� �� I'I!n', All ii4h5SF, ill I".t U , 4 2[70 C4i307 OR "p.] ,m _ 25 D 25 50 71 i SCALE IN FEET 1.9:-x9672OH ?Yl PY 507.-35 1� F IOT � Or " s• 7 (U EG 1 11-! 2890 14.:17 OR ,4Fil Gm -181-33 LEGEND; NEW PROPERTY LINE NEW UTILITY EASEMENT ®n PARCEL 3 PROPERTY LINE i EXISTING UTILITY EASEMENTS CITY OF UKIAH ORCHARD SUBSTATION D7-00446-01236 10DD smR.W. Beck, Si1EET op 131 .Beck, Inc.Inville Rd., Suite 300 PROPOSED LOT LINE ADJUSTMENT 1 1 Hendersonville, TN 37075 DRAWING NUMBER: (615) 431-3200 1236®SK3-S T mior— _. =' s "_ � s� gAST GOgBI 5'1'RE7E 827596' E 408.77 gio 10 -- -------i'�- yip .� s7D� WA r WOW) _ 1 % M CO 51 ' --------------J ---------- 0 - ; + 05iE 196.95 R + '' t (501 ------_"_• N 6275 x I J 1' Gm R BT250V - - - 1 tl05T 7l140EMY 111 � N '�-' az OH 1 , wtut iK4 3s7 aR 35+ , � 0 - E 99. 8 6Ty50C II IONI9 1/2 00\ 170LIKEvNNEiS MFD.7ID i ',1 Iffi810 1/2 1 1 Z 944 o Fo25e ' OH Y6ICT�G&E i,� , MN 093-582-3+ e off ' 1 i AMERICAN AGCRIDITFLCA 7902-04279 at 1 1 MN 003-562-01TERCT Time MH 093-582-33 I 7fiRCT THREE MN 903-562-94 + 14 Y' '4 B5R'Ogx121 , 16' 0-4 1 zs , YrH� EOS�oY MN 993-582-98 top OR 401 1 i 112 V �3 6 It 04) m wnGx OR g5 AWS 2L AWS PRELIMINARY'l REVDATEGHKD APP D REVISION DESCRIPTION s 8 1 49 F m -� q 'm 701981 U7i.68 q (5R-4 t 9 D (15i+ O O.R 24Q E �I O ;4 UKIAHAUTOA7N LEAVES ' ,975-02756 OA ` MN 943-582-27 'i` PARCIJI , 1 ,-1 j gU55EE + 1Y7A1t - LOT 32 N N� HE,'H MH W3-781-55 $,4 EABTCGN(iREGA710NOF hx0VAH5W17NR45FS17R4ANGA7C 0-ppgp2 Ot MH 007-161-37 o 1` \ 1 8 — C w r 4 1 PIE'-: AWS 2L AWS PRELIMINARY'l REVDATEGHKD APP D REVISION DESCRIPTION s 8 1 49 F m -� q 'm 701981 U7i.68 q (5R-4 t 9 D (15i+ O O.R 24Q , OF O LD O NO. 94-6 DRA 42, PAGE C.R., _ CURRENT ZONING R-3) pi�l im E �I O ;4 , PARCIJI , 1 MAPS kL i � 1 alt + 1Y7A1t - LOT 32 PARCEL 2 HE,'H MH W3-781-55 JTotV' SWI7NESSFS; Ep5fCON[,1EGA770N OF i 79�-19672 IX4 ; ,,,, BSdN2888FS�4CA7NC ; MN 003-582-55 EABTCGN(iREGA710NOF hx0VAH5W17NR45FS17R4ANGA7C 0-ppgp2 Ot MH 007-161-37 \ 1` \ 1 , — C 1 , OF O LD O NO. 94-6 DRA 42, PAGE C.R., _ CURRENT ZONING R-3) pi�l im R.W. Beck, Inc. 0 25 5u 75 131 Saundersville Rd., Suite !--- 1 300 Hendersonville, TN 37075 SCALE IN FEET (61 B) 431-3200 CITY OF UKIAH - -- ORCHARD SUBSTATION 07-00446.01236.1001) 1,5 TRAFFIC PATTERN SHEET OF: 1 1 ORCHARD -E W.A - + 1Y7A1t - LOT 32 4 UIOAACAL9URNV+C07A'ANYOF JTotV' SWI7NESSFS; Ep5fCON[,1EGA770N OF i 79�-19672 IX4 ; ,,,, BSdN2888FS�4CA7NC ; MN 003-582-55 EABTCGN(iREGA710NOF hx0VAH5W17NR45FS17R4ANGA7C 0-ppgp2 Ot MH 007-161-37 \ 1` \ R.W. Beck, Inc. 0 25 5u 75 131 Saundersville Rd., Suite !--- 1 300 Hendersonville, TN 37075 SCALE IN FEET (61 B) 431-3200 CITY OF UKIAH - -- ORCHARD SUBSTATION 07-00446.01236.1001) 1,5 TRAFFIC PATTERN SHEET OF: 1 1 ORCHARD -E W.A � s � �S b h. F; r yr 3,skc. r .fie "s AO Lola E xistine general Plan Land Use b h_q, C: Commercial F 4, P° Public K � HDR: High Density Residential a� MDR: Medium Density Residential 4 ?� u w ExistExist®n ink �1: Community tt w. c ,� m'.--^� ,e '�. PF: Public Facility PD: Planned Development r a S A t u vv 3 F J y 00318102 MDK PD nt _a mom, �r 10 P D_x 4-0 r _ x c ROJECT NUMBER PMBER: - CITY OF UKIAH k SUBSTATION o7-oaa4s 0123r,1000 r:,. _e , . W. ,._.� � � ORCWM OF. HARD SUBST DEsistD R.W. Beck, Inc. EXISTING ZONING t AWS 0 25 50 131 gaundersville Rd., Suite 255 _ ! 3611 Hendersonville, TM 37075 AND PROPOSED NEW SUBSTATION DaAfflNc NUMB: 17fIRlWtd14ARYSCALE IN FEET (615) 431-3200 AWS FLAN VIEW ORCHARD-E-�KB.A REV DATE CHKD APP D J --_}- REV1510N DESCRIPTION NEW 20'x264' C;;YC _ -u 1-•< li(IUTY i , 5S.1, 362 E a +fit.,.- _ f, e. .� 5 lE�,yr�MEN'(' t D v If CJ -mil Iag N U -i .. u E SW ,1 ii "II i/7 1^ I.Wy t Ivy CEL 3 wo ACRE 9.26.99 FA1111rED VICINITY N.T.S. FTE PARCELREVISIONDffSORIPTIDN REVDAT€ IN � I t PARCEL2 0.90 ACRE go EaJtE f, 7'- L`zX') •j 'i� asm�n !•o7E 5 7II3L5i1C-\7_ LCL .' 1 GiYu!Rbn_ _ 7F4 r95-9'zr:la 170'-5° ao ® 1 PENT4 45.9° - _ o ` ✓dFx h'f±Pl14EI. lSSi EYl; i,11'iln R::Ee uP IU??7?tl12 ±E± ;et•I'?}lE 5�19t n5LS lh{'.:{C1•S°= Feb' 4"n-SU2-:.i a ^61 - 1 , ; 10,01900 t , lid' �.. 000 ZRi ; t t 00 Aol gifll , 1 6R tB3 { t,±A: fWSa 115t m }= .'II'ts` ;��.�/ y'z. `-�j �"T •--- 4 .' - 317 ,r { IFC•:+. _ - a PLD _ p I iq '-h - 1.26 ✓dFx h'f±Pl14EI. lSSi EYl; i,11'iln R::Ee uP IU??7?tl12 ±E± ;et•I'?}lE 5�19t n5LS lh{'.:{C1•S°= Feb' 4"n-SU2-:.i a 'EUE-0:=7 [51 i it t F lid' �.. nig p AR(1E1. 3 1' v,zal ,I iu r � (47.aixt;al 1 q!. (,1 D -t % ;1 ' 1,1� 1 , 1w A 24 1 to , .l { >• �"'^""»- :x,11 � i-�,q 1 soup t �V 41 'sl0.:l1l::CAitf Emtl DEEU7 -1 �Ji1 i,1 -5^]-3U m OP 141 . DRA .42. r� m t'' xUTf�3fi � a 1 oT 32 rARCELI 1.26 ✓dFx h'f±Pl14EI. lSSi EYl; i,11'iln R::Ee uP IU??7?tl12 ±E± ;et•I'?}lE 5�19t n5LS lh{'.:{C1•S°= Feb' 4"n-SU2-:.i a 'EUE-0:=7 [51 i t 6R tB3 �0 64„WL v: �F to , .l { >• �"'^""»- :x,11 � i-�,q 1 soup t �V 41 'sl0.:l1l::CAitf Emtl DEEU7 -1 �Ji1 i,1 -5^]-3U m OP 141 . DRA .42. r� m t'' xUTf�3fi � a 1 oT 32 3 R.W. Beck, Inc. AWSINAR 131 Saundetsville Rd., Suite 300 0 25 60 75 Hendersonve, TN 37075 AWS T srALE�N 25 (615)431-32DO r.� NEW PROPERTY LINE NEW UTILITY EASEMENT PARCEL s PROPERTY LINE EXISTING UTILITY EASEMENTS _ a• C17Y OF UKIAH ..._...__.. ORCHARD SUBSTATION 07-004401236-IDOD SI7` OF. PROPOSED LOT LINE ADJUSTMENT �a 1 1 P�®�v,��'tic��i''( ©RAWIfJONUMf3lRt t11r" 1236-SK3.S 110+0 ✓dFx h'f±Pl14EI. lSSi EYl; i,11'iln R::Ee uP IU??7?tl12 ±E± ;et•I'?}lE 5�19t n5LS lh{'.:{C1•S°= Feb' 4"n-SU2-:.i a 'EUE-0:=7 [51 i t 3 R.W. Beck, Inc. AWSINAR 131 Saundetsville Rd., Suite 300 0 25 60 75 Hendersonve, TN 37075 AWS T srALE�N 25 (615)431-32DO r.� NEW PROPERTY LINE NEW UTILITY EASEMENT PARCEL s PROPERTY LINE EXISTING UTILITY EASEMENTS _ a• C17Y OF UKIAH ..._...__.. ORCHARD SUBSTATION 07-004401236-IDOD SI7` OF. PROPOSED LOT LINE ADJUSTMENT �a 1 1 P�®�v,��'tic��i''( ©RAWIfJONUMf3lRt t11r" 1236-SK3.S 110+0 -�5syF FME M J� E 021 (N it aEaEOA t0 SN0 (Iao STD N+) g ao EN'`6 9 9402-41 'T T� N DEID IR9I AO6 YYIRNN. Q Ux W EPAIF eomsaL Q pSaBaSB AT IM WROVIOT OCPER Oi ifs UTaT+' mCaW6 PAE ]82 R Y;iDOCW NlPO1' ``: HC 9901 H7Od19F 1: TSR /�fa®N WCC 88 (i diRY. �wO1R5.W OMIC teRxNO Ogt(iLYW Ap6 TIE I aRE m MWAS weaR a � aCRCNM OF wE WU Or N N � A �py1 OF W PIT was nbRaY t�iEOF w£ NwEfOC;ro tpgry ,Y MOVE sm eE PN TIE NMW on IM A TRACT Ewtm �gplpW AY 7 i. tom: R N wmc S6OFnE IAtRK=" ET SW« QTY pp PEfl'�'RE SaDRt lRE w PW I & TROY WOO170 0UUJAM DF OAC: w1aCE W- FLY ARII FEET M WEST t�NE W — OF Lk wrtx 1PE. 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AA DWM E wD0N160+7• jIE1CYiT•SOMWR t %P, i Sk REP NI OF '2 INS PORI �' SAID FROM MNMMI TTS WORMYOW A A RAS WON INE IR HEN Y AANW T�A�MME 1184 I= 7 — EEE OF E:tST TR$ a MtE TH 7MAD W AREA tIE TIPD FYRCC: NORFEi NDNO THE � W6I' WE 70 THE POBFF R RDatIaNG• ME 405-981-1E TRWF SI' -- G- TPE UlN1i N MUAEos • P 582, EE. Woo AT . RvroasER t, 1450. R THE OUT UW A dEFANE PwYN� BE ux TIED S4lMM 1 �Y t84 Fro IP'• wE 408FF DF THS NSG�HWk 32 IgE WITH TEE 1t TEE SAID ADWC: _ - YON A PAiALPl WBFFM1RN IRE EPAOPPAGL FARO1f'Y Tei REF'f0 wE WFSF'INE R PfkU�.�DR]A;E tMRili AIDIW tfE SAO gL4T LRE 10 114 PCNF or 6come". TRILf SMTI: q0. iW-m 9ROW6� 65m1E5. /MESO a yx.. Na R.SF7IF�TEOE�UPON INE FINAL 68 PtDLS. S ND 4. LEHE�IEO CdUHIY RCOIHS• �pryByll- MY t, 7882 /PN: t6Y 7RADF Can, AT TIE NORtlNfST BF NFROM APOS NANNMI. W aH - WRIER of TIE LPNOS RSCRB® SE "W Now ve ET pA DQEIP T Tim. E-wFEW 9WRH M• P .' Nq�N 70 A!> N'W O�F3n. AON6 OF 2 PRS AIA N ►AR E i6 37FN 1NE i/F5T LPi CF R# lAli[C OR UE WOS w" OFSC 7D ilE MBOPOAn'. �E' TH= • 'AEIICE OIF TFE E%iERIpR BOWIDAEE =74 7 PgRRNStl.Y un PARAIIL TRN 1TE WLSIiStLY E � 7� W�OIEA�KF+ A 84�'FABsT.`: OF fNFEETYEWRE M � � AY YMH OF 1FE tNWs N liE AFS OEID �yA Er O% TO OF Er OF kx A 9MFAN�E 0 �1�WE51EPo•Y A D15TNiCE OF N OR ELi45 TO 7FE aAH -Sas-m mm W. :& DES DM TIE PAFCFL YEP R WOR NO. 94-6 PEED EYE 2,RA�.Y EE. 1881 N YAP CPS£ S. DRAWER 't2• PACE 2, {Eta10CEA COHm ypq; 005-i9E-35 i. SL i 1 i' 1 AN 00.1.982-W I y! y1 g -1 4161 �tR - g E E --� fBESYg1/2 N�� N 166741 P 15795 i1 WOO Icy P 15� OOLTW w MRrHER Mir TO SCALE BASIS OF HEARINGS '1.5i' TOMYWRREIIR. RECORD OF VJRYEY, iLAPS CASE 2 DRAWER 13. PAGE 31. YDR Siti GF, 6Ogg: Two E O tttttt a� FORMATION NOTE: ° REPORT 6ELRDOM AJNRMRI' 15. 200B!D'W= ALL iRLE NFOPM4 wFROMM 1, 1I TRE AARE l A 37 COMPANY O NRR ITS ORDER NO. 2WIS-21HING3.OR wxl w ee-01 LEGAL DECRBTi70N OV pjM@ CN. Ompoy N RE CRY OF UTAK mum• OF UNDOONO. IRAE S CLRORM C971� AS N3W4 - 9 9402-41 'T T� N DEID IR9I AO6 YYIRNN. Q Ux W EPAIF eomsaL Q pSaBaSB AT IM WROVIOT OCPER Oi ifs UTaT+' mCaW6 PAE ]82 R Y;iDOCW NlPO1' ``: HC 9901 H7Od19F 1: TSR /�fa®N WCC 88 (i diRY. �wO1R5.W OMIC teRxNO Ogt(iLYW Ap6 TIE I aRE m MWAS weaR a � aCRCNM OF wE WU Or N N � A �py1 OF W PIT was nbRaY t�iEOF w£ NwEfOC;ro tpgry ,Y MOVE sm eE PN TIE NMW on IM A TRACT Ewtm �gplpW AY 7 i. tom: R N wmc S6OFnE IAtRK=" ET SW« QTY pp PEfl'�'RE SaDRt lRE w PW I & TROY WOO170 0UUJAM DF OAC: w1aCE W- FLY ARII FEET M WEST t�NE W — OF Lk wrtx 1PE. Plptix INE W° Y, tNroS O6�FDYN wg OF ISO FEET W THE WEST 901NWAm � SAW IANHS: HENCE IORIIERI IN�ESD• pAJWAOARy txtE � wE wOs oEscRem N YfM: ATORESAm OEm. tD 1NE PWNr of RTaRifaFk• PAT: ROS-SR1-•03 TW/SF PDO'+ COaaE1PCM0 AT 7HE ,� IS 3 PPPF7RNO IECOm DDDR ISR Y !RE ATR SBL kT SED» N �NP1' RECWN°3: M& SWiREId.Y NDW TE molow 1% PAM 6L� THE EgTCtlOR OF TPE 1ARAEIH DEQ � 70IPE YY p pST'PNR OP 203 PAT. tWRE OR tPSS.. A iW11R5E PAPALEL N 714 THEw6TCN-YESiFRI NEPA PEED PROW. WlARMI TO RDANSON LRE OF 1 E WIDE N LYO OEm (ROM YNREEN TO � +PYA OISENWERLY PoIROPR�Y N THE RED FRWI WaI1RMtI: )FERCE EASTERLY �p6'TIYOE OF' YWE � NN SAm RED FRWE tlA1PRMl 7O WO�LS077Y y1a 1�D EA�ims�0 N � � YEERRtlN m RaRiOPE � m�714 Y INE � ENP WO�E RuS�d�REO N ilE ADRES'AP RON6CF A 06TINOE OF >W FEED 70 THE PON[ aF ,/�.,.n.-^•-E6t-mE: 7IEREg. N n RFP FRWx AYDS YPIRRMN iT Ue W AT THE XORwRNESF GARNER OP 530E R m. 58 D) FROMYE. P! AA DWM E wD0N160+7• jIE1CYiT•SOMWR t %P, i Sk REP NI OF '2 INS PORI �' SAID FROM MNMMI TTS WORMYOW A A RAS WON INE IR HEN Y AANW T�A�MME 1184 I= 7 — EEE OF E:tST TR$ a MtE TH 7MAD W AREA tIE TIPD FYRCC: NORFEi NDNO THE � W6I' WE 70 THE POBFF R RDatIaNG• ME 405-981-1E TRWF SI' -- G- TPE UlN1i N MUAEos • P 582, EE. Woo AT . RvroasER t, 1450. R THE OUT UW A dEFANE PwYN� BE ux TIED S4lMM 1 �Y t84 Fro IP'• wE 408FF DF THS NSG�HWk 32 IgE WITH TEE 1t TEE SAID ADWC: _ - YON A PAiALPl WBFFM1RN IRE EPAOPPAGL FARO1f'Y Tei REF'f0 wE WFSF'INE R PfkU�.�DR]A;E tMRili AIDIW tfE SAO gL4T LRE 10 114 PCNF or 6come". TRILf SMTI: q0. iW-m 9ROW6� 65m1E5. /MESO a yx.. Na R.SF7IF�TEOE�UPON INE FINAL 68 PtDLS. S ND 4. LEHE�IEO CdUHIY RCOIHS• �pryByll- MY t, 7882 /PN: t6Y 7RADF Can, AT TIE NORtlNfST BF NFROM APOS NANNMI. W aH - WRIER of TIE LPNOS RSCRB® SE "W Now ve ET pA DQEIP T Tim. E-wFEW 9WRH M• P .' Nq�N 70 A!> N'W O�F3n. 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EASEtE1DS q I � ARE SIWwN ON EDEWERA- NIIDIPRETATON IAARC SIGN PFR REPEIEME'>: R RECORD DDCMPIS DVWTON N` ACRK LOCOPN MAY DOSE rR �G 1000-0907 W PPN 001382 -SS ,pY;O 1' TION PN UNDERGROT3ND NOTE: ARE APPRWONME (�Algtl WILY. e,• TP�1� 8� sIWffACE TOICAwOH AM7 Wim. HAEa DRJABCARE 7P� =a -mm OR AN DOS -161-33 R-1 RECfP� OF SkptVEY. YAPS CASE 2 aRAT✓ER �• PADE 31, VGA. R-2 RDD OF SLRNEY. WPS CASE 2 � �B •MWS C-°A..ELLI.DG WEY 42� PAGE 1. Y.C.R., R 3 � W NP OF WHIR S AGMSOR ND. 80-m. YMS CASE 2, DRANER 2. PAGE 3-4, N.C.R.. D-1 WAIT REO RppS S9 O.R. NCE 362 Y.C.R p-2 ,RORYiNT 9ECWE BAAE78NG 70LE BOOR m OR PAGE 485 MOR. 6-S 6WDTT OR PODS T21 H.C.R. D-4 IWYIT RID OR. PAGE 401 0-5 CWANf OBER M Sit OR PACE US YAR D-5 GRANT �.ID 921 9R• PA6E ISO M.C.R. 993 ORATE oE�ID 0.R• P 674 Y.CC.&R. DD --2 MR2002-%2 9LL= 568 M.C.R. CERTIFICATION STATEMENT TO: THIS IS TO CERTIFY THAT THIS MAP AND THE SURVEY ON WHICH 115 BASED WERE MADE IN ACCORDANCE WITH 'MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TILE SURVEYS,' JDIPITLY ESTABUSHED AND ADOPTED BY ALTA, ACSM AND NSPS IN 1999. PURSUANT TO 'THE DATE OF THIS ACCURACYCERSTAND1 ND U&TSIGNED ADopTED FURTHER CERTIFlES THAALTA. NSPS AND T THEN SURVEY CT ON THE MEA5UREMENIS WERE MADE IN ACCORDANCE WITH THE 'MINIMUM ANGLE, DPTANU AND CLOURE REOUIRENENfS FOR SURVEY MEASUREMENTS WHICH CONTROL LAND BOUNDARIES FOR ALTA/ACSM (AND TITLE SURVEYS." . SOLHEIM .w. Sal -IN C/411• r EGANFO RISRDR RCE 308D8 b'DIE: THE WORDS 'CEROEY' OR 'OERIffMA7ON SEWP RIRCP RFADg N WR.Y 5 77CZ OF CW6RR71ES THE W' PRaff¢W+MI_ CPNON RWAPDWDOTHOSE ES NOT FACTS ON FBOeOS WNIC1 PRE 7HE SWJECT OFA PpR NN Dm. tbN51110tE A WARPWm OR OIMRANIE. tDHER AaL4T4A4/APC4S.M. LAND TITLE SURVEY SHOWING THE LANDS OF ISMAEL CEJA, AN UNMARRIED MAN AS TO AN UNDIVIDED 1/5 INTEREST AND JOSE MARIA CEAAN UNMARRIED MAN AS TO AN MAN AS HISD SOLVE ANDS -ARA EREST P OPERT'Y AS TO AN UNDIVIDED 1/5 INTEREST AND JAVIER GEJA, AN UNMARRIED MAN AS TO AN ESTAS HIS SDIDED I AND SEPARATE PROP R'!Y AS TND O AN UNDIVIDED 1/5 INTEREST AS DESCRIBED N THAT DEED RECORDED AS 2003-21043 MENDOC)NO COUNTY RECORDS. LOCATED WTIwN THE CITY OF CIKIIAll COUNTY OF 1dSNDOOD • SIM OF CAIIF mu SHEET 1 OF i ... uumui ♦1RinE am C SANTA ROSA cAOFCNa+1 NW4 4 -X -x raw01 OA MR= ROOM ' ea. Na. Nm OOLTW w MRrHER Mir TO SCALE WIROYR2'DPDS IMJCA P WNW 1, 1I O DO= D8E NEP/. rR �G 1000-0907 W PPN 001382 -SS ,pY;O 1' TION PN UNDERGROT3ND NOTE: ARE APPRWONME (�Algtl WILY. e,• TP�1� 8� sIWffACE TOICAwOH AM7 Wim. HAEa DRJABCARE 7P� =a -mm OR AN DOS -161-33 R-1 RECfP� OF SkptVEY. YAPS CASE 2 aRAT✓ER �• PADE 31, VGA. R-2 RDD OF SLRNEY. WPS CASE 2 � �B •MWS C-°A..ELLI.DG WEY 42� PAGE 1. Y.C.R., R 3 � W NP OF WHIR S AGMSOR ND. 80-m. YMS CASE 2, DRANER 2. PAGE 3-4, N.C.R.. D-1 WAIT REO RppS S9 O.R. NCE 362 Y.C.R p-2 ,RORYiNT 9ECWE BAAE78NG 70LE BOOR m OR PAGE 485 MOR. 6-S 6WDTT OR PODS T21 H.C.R. D-4 IWYIT RID OR. PAGE 401 0-5 CWANf OBER M Sit OR PACE US YAR D-5 GRANT �.ID 921 9R• PA6E ISO M.C.R. 993 ORATE oE�ID 0.R• P 674 Y.CC.&R. DD --2 MR2002-%2 9LL= 568 M.C.R. CERTIFICATION STATEMENT TO: THIS IS TO CERTIFY THAT THIS MAP AND THE SURVEY ON WHICH 115 BASED WERE MADE IN ACCORDANCE WITH 'MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TILE SURVEYS,' JDIPITLY ESTABUSHED AND ADOPTED BY ALTA, ACSM AND NSPS IN 1999. PURSUANT TO 'THE DATE OF THIS ACCURACYCERSTAND1 ND U&TSIGNED ADopTED FURTHER CERTIFlES THAALTA. NSPS AND T THEN SURVEY CT ON THE MEA5UREMENIS WERE MADE IN ACCORDANCE WITH THE 'MINIMUM ANGLE, DPTANU AND CLOURE REOUIRENENfS FOR SURVEY MEASUREMENTS WHICH CONTROL LAND BOUNDARIES FOR ALTA/ACSM (AND TITLE SURVEYS." . SOLHEIM .w. Sal -IN C/411• r EGANFO RISRDR RCE 308D8 b'DIE: THE WORDS 'CEROEY' OR 'OERIffMA7ON SEWP RIRCP RFADg N WR.Y 5 77CZ OF CW6RR71ES THE W' PRaff¢W+MI_ CPNON RWAPDWDOTHOSE ES NOT FACTS ON FBOeOS WNIC1 PRE 7HE SWJECT OFA PpR NN Dm. tbN51110tE A WARPWm OR OIMRANIE. tDHER AaL4T4A4/APC4S.M. LAND TITLE SURVEY SHOWING THE LANDS OF ISMAEL CEJA, AN UNMARRIED MAN AS TO AN UNDIVIDED 1/5 INTEREST AND JOSE MARIA CEAAN UNMARRIED MAN AS TO AN MAN AS HISD SOLVE ANDS -ARA EREST P OPERT'Y AS TO AN UNDIVIDED 1/5 INTEREST AND JAVIER GEJA, AN UNMARRIED MAN AS TO AN ESTAS HIS SDIDED I AND SEPARATE PROP R'!Y AS TND O AN UNDIVIDED 1/5 INTEREST AS DESCRIBED N THAT DEED RECORDED AS 2003-21043 MENDOC)NO COUNTY RECORDS. LOCATED WTIwN THE CITY OF CIKIIAll COUNTY OF 1dSNDOOD • SIM OF CAIIF mu SHEET 1 OF i ... uumui ♦1RinE am C SANTA ROSA cAOFCNa+1 NW4 ITEM NO.: 11a lu 0 city, a}-'Zjki:ah February 3, 2010 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 Discussion: California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds. These local government funds are critical to provide police and fire emergency response, parks, libraries, and other vital local services that residents rely upon everyday. Despite the fact that voters have repeatedly passed measures to prevent the State from taking local government funds, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years. A coalition of local government, transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot. Approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking of local government funds. There would be no direct fiscal impact should the Council choose to adopt this resolution. Passage of this ballot measure would prevent the State from borrowing, raiding or otherwise redirecting local government, transportation and public transit funds. Fiscal Impact: XI Budgeted FY 09/10 F] New Appropriation Fx-1 Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Continued on Paqe 2 Recommended Action(s): Adopt resolution. Alternative Council Option(s): The City Council may choose to not approve the resolution. Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: League of California Cities Attachments: Resolution Approved: ^^� Ja ` Chambers, City Manager ATTACHMENT I RESOLUTION OF THE CITY COUNCIL OF THE CIrT OF IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 1 1 WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally - dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. THEREFORE, BE IT RESOLVED that the City of Ukiah formally endorses the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed constitutional amendment. BE IT FURTHER RESOLVED that we hereby authorize the listing of City of Ukiah in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. PASSED AND ADOPTED this 3rd day of February, 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne M. Currie, City Clerk rage 1 vl 1 Arr.ry rrs+n From: Gjerde, Dan [DGjerde@fortbragg.com] Sent: Tuesday, February 02, 2010 11:08 AM To: Linda Brown Subject: Planning workshop flyers City Council Meeting Attachments: Transportation Best Practices Workshop handout.pdf; Best Practices Tour draft itinerary 1-22- 09.doc Linda: Council Member Mari Rodin would like these flyers printed for distribution at Wednesday night's city council meeting. At Monday's meeting of the Mendocino Council of Governments, the board agreed to participate in this mobile workshop — with hopefully at least two council members and one or two staff from each city participating. If possible, please print the flyer in color, while the draft itinerary just needs to be printed in black and white. Please call me if you have any questions. Thanks, Dan Gjerde Fort Bragg City Council Member 707.961.2844 (direct line) 707.961.2823 x 151 (voice mail) 707.328.1908 (cell) 2/2/2010 IIIIIIIIIIIIIIII ?I!II 1!11 1111111 111 Award-winning Hercules Waterfront District and Berkeley Bachenheimer Building Regional Blueprint Planning —> Lessons from the Association of Bay Area Governments Transforming towns —+ Metropolitan Transportation Commission's TOD & TLC grants Exceptional infrastructure --> Walking tour of downtown Berkeley Buildings for people --> Tour of structure with hydraulic parking stalls & City Carshare Back to the future --> Walking tour of Hercules' people -friendly Waterfront District When: A Thursday and Friday in Spring 2010. (Suggested for March 18 & 19.) Cost: $190 / person. Sponsors: California Endowment (9-16), MCOG (3), MTA (2). Proposed by Dan Gjerde • January 22, 20 10 Date: January 22, 2010 To: Phil Dow & Janet Orth From: Dan Gjerde Re: Best Practices Tour draft itinerary This memo is a follow-up to our phone conversations and the flyer I prepared to summarize a proposed workshop to learn of the Bay Area's best practices for transportation planning, as well as several tours of the region's exceptional transportation facilities and private buildings. As you know, I'm a big fan of how the Bay Area's Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) have worked for years to give local governments planning tools and financial incentives to develop their towns on a smaller footprint. At first this was done to create transit ridership, and now it is also done to reduce Vehicle Miles Traveled (VMT) the region can reduce its greenhouse gas emissions. While our county has fewer towns, these same ideas can successful apply here in Mendocino County — albeit on a smaller scale. All we need is for these planning tools to be widely seen and understood by the decision makers here in Mendocino County. Therefore I believe it would be extremely helpful to send staff and elected officials from the Mendocino Council of Governments, the County of Mendocino and the counties four cities to see these ideas in action in the Bay Area. Below is a draft itinerary for what I'm calling the Transportation Best Practices Workshop: The East Bay Tour. The tour is designed to start with the general — lessons learned from the Bay Area's Regional Blueprint Planning process, and the planning and construction grants made available to local governments in the Bay Area — and then goes to site tours of transportation facilities and buildings which successfully implement the goals set out in the ABAG and MTC plans. THURSDAY 9:15a Depart county's General Services corporation yard. (Folks leave coast @ 7:45am.) 11:30a Arrive at downtown Berkeley parking garage, walking to get lunch. 11:30 — 1pm Lunch and walking tour with City of Berkeley employee (to be selected) 1-1:25p Carry luggage to hotel, leave bags for tags, possibly check-in, wash up. 1:30—1:45pm Take BART to Lake Merritt and arrive at ABAG / MTC offices. 2 — 3:45pm ABAG presentation of lessons learned from Blueprint Planning 4 — 5pm MTC presentation of Transit Oriented Development & Transportation for Liveable Communities grants 5:15-5:30p BART to SF or Berkeley for dinner w/planners ...Nelson -Nygaard, TransForm Bpm Hotel Shattuck Plaza, 2086 Allston Way, Berkeley (866) 466-9199 FRIDAY 8:45 — 10:40am Do, Tour of building with City of Berkeley sustainability coordinator 10:40—10:50am Check-out of Hotel Shattuck Plaza 11-12pm Tour led by Panoramic Interests of private building w/ efficient parking garage 12:15 —1:15p Lunch in downtown Berkeley 1:20 —1:50p Drive to Hercules Waterfront District 2 — 3:45 p Walking Tour of Hercules Waterfront District 4 — 6:10pm Drive to county General Services corporation yard in Ukiah.