Loading...
HomeMy WebLinkAboutCC Reso 2013-05 - Sphere of Influence i RESOLUTION NO. 2013-05 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR AMENDMENT TO AND REDUCTION OF THE CITY'S SPHERE OF INFLUENCE WHEREAS, The City of Ukiah's existing Sphere of Influence includes the land between Highway 20 on the north, Burke Hill Road on the south, and ridge-top to ridge-top, west to east; and WHEREAS, The City Council of the City of Ukiah certified an Environmental Impact Report ("EIR") and adopted its General Plan on December 6, 1995, which included a proposed reduction of the Sphere of Influence (SOI) as illustrated in Exhibit A, attached hereto ("proposed r Ukiah SOI"); and WHEREAS, On September 4, 2012, the Mendocino County Local Agency Formation Commission adopted the City of Ukiah Municipal Service Review (MSR), which included a review of areas likely to receive services in the proposed Ukiah SOI; and WHEREAS, The adopted MSR recommended reducing the size of the proposed Ukiah SOI by shifting the western boundary downslope from the ridge-top because it concluded that the City could not provide adequate public services to this area; and WHEREAS, Some City services, such as sanitary sewer, police services, fire protection, etc. are currently provided to properties high on the western hillside, demonstrating that the City can provide services to such areas; and WHEREAS, The City is concerned about maintaining aesthetic quality, managing drainage, protecting sensitive native plants and habitats of, and avoiding erosion impacts to this scenic western hillside area and, for this additional reason, seeks to retain it in the proposed Ukiah SOI; and WHEREAS, The County of Mendocino has certified an EIR for and adopted a Ukiah Valley Area Plan ("UVAP") as its General Plan which encompasses the proposed Ukiah SOI; affd- WHEREAS, The UVAP includes land use designations for the proposed Ukiah SOI which are substantially similar to the land use designations contained in the City's General Plan; and WHEREAS, On February 20, 2013, the City Council of the City of Ukiah discussed the existing and General Plan proposed Spheres of Influence, heard from the public, and concluded that it desired to reduce the size of its SOI consistent with its adopted General Plan. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby resolve, determine, find, and order as follows: SECTION 1. The City Manager or her designee is directed to prepare and submit to the Executive Officer of the Mendocino County Local Agency Formation Commission an application and request to amend the City's Sphere of Influence consistent with the Ukiah General Plan pursuant to Government Code Section 56428, together with a certified copy of this Resolution. SECTION 2. This action is taken based on the following findings: A. A public hearing was conducted and public testimony and comments heard and considered. B. The proposal is not injurious to the public health, safety, or welfare because it represents a major reduction in the size of the existing Sphere of Influence, and no significant adverse impacts resulting from the reduced Sphere of Influence were identified in the General Plan EIR. C. The proposed western boundary of the Sphere of Influence is reasonable and appropriate because properties already high on the hillside receive public services from the City of Ukiah and including the parcels within this area would assist the City to implement its General Plan goals and polices related to maintaining the aesthetic quality of the hillside area, protecting native vegetation and sensitive habitats, managing drainage and avoiding potential erosion resulting from potential future development in this designated scenic area; and D. The proposal, if approved, would be consistent with the City of Ukiah General Plan. SECTION 3. The submission of the application is not subject to further review under the California Environmental Quality Act, because: A. The reduction of the City's existing SOI to the proposed Ukiah SOI is exempt from environmental review pursuant to Public Resources Code Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment); B. The reduction of the City's existing SOI to the proposed Ukiah General Plan SOI is categorically exempt as a Class 5 categorical exemption under 14 CCR §15305, since it consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density; and C. The City incorporates herein by reference the EIRs prepared for the adoption of the City's 1995 General Plan and the adoption of the 2011 Mendocino County Ukiah Valley Area Plan, both of which are available on the City of Ukiah and Mendocino County websites, respectively, at and http://www.co.mendocino.ca.us/planning/pdf/UVAP—cover.pdf. PASSED AND ADOPTED on February 20, 2013 by the following Roll Call Vote: Ayes: Landis, Rodin, Thomas, Baldwin, and Mayor Crane Noes: None Abstain: None Absent: None Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk } i }t t { EXHIBIT Proposed Ukiah Sphere of Influence Ukiah Valley General Plan and Growth Management Program City of Ukiah Mendocino County,California 11.1. What is a General Plan?4,Page 6 j �- al e LA Jj ! NO c \ 9 k g `i�' -f< �_ ;! Planning Area v �, , f City Limits ;' f S v z V 1- r PROPOSED' SPHERE OF INFLUENCE KIAI < .i..�.... � dig) f Figure 11.9-L): Sphere of Influence proposed by the General Plan for L AFCo approval Adopted by the City Council:December 6,1995 Proposed Ukiah Sphere of Influence Jf Y } � w n y 1 , v � tir j ..w 5; .w { N N a� r 0 70D 1,400 2,004 9"200 5.6413 F&E�