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Home My WebLink Aboutpcm_12092015 Final 1 UKIAH PLANNING COMMISSION 2 December 9, 2015 3 Minutes 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Mike Whetzel, Chair Laura Christensen 7 Christopher Watt 8 Mark Hilliker 9 Linda Sanders 10 11 STAFF PRESENT OTHERS PRESENT 12 Charley Stump, Planning Director Listed below, Respectively 13 Kevin Thompson, Principal Planner 14 Cathy Elawadly, Recording Secretary 15 16 1. CALL TO ORDER 17 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 18 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 19 20 2. ROLL CALL 21 22 3. PLEDGE OF ALLEGIANCE - Everyone cited. 23 24 4. APPROVAL OF MINUTES — The minutes from the October 28, 2015 meeting are included for 25 review and approval. 26 27 M/S Sanders/Hilliker to approve October 28, 2015 minutes, as submitted. Motion carried (4-0). 28 29 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 30 31 6. APPEAL PROCESS 32 33 7. SITE VISIT VERIFICATION 34 35 8. VERIFICATION OF NOTICE-Confirmed by Staff. 36 37 9. PUBLIC WORKSHOP 38 9A. Housing Element Update — Request for Planning Commission to review and conduct a public 39 workshop on the Draft 2014 Housing Element. No action will be taken. 40 41 Principal Planner Thompson: Gave a staff report as provided for on pages 1-3 of the staff report and 42 PowerPoint presentation the content of which is included in the minutes as attachment 1: 43 44 What is a Housinq Element? 45 • 1 of 7 mandated elements of the General Plan 46 • Assess housing needs within the City 47 • Sets the stage for a variety of housing 48 • Requires review and certification by the State. 49 50 What is in the Contents of the Housinq Element 51 • Needs Assessment—projected need, special needs: elderly, large families, farmworkers 52 • Resources and Constraints Analysis as this relates to zoning, fees permits, Non-governmental: 53 cost of lands, financing MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 1 1 • Site Analysis — Inventory of suitable land, analysis of zoning, zoning for all types of housing 2 (Refer to City Map that references underutilized/vacant parcels in the City limits) 3 • Programs— Goals (What we want to happen); Policies (Support the goals); Implementation tasks 4 (How results will be achieved). Programs are a big part of the Housing Element because this 5 represents housing goals/policies and corresponding implementation tasks. 6 7 Citv of Ukiah RHNA(Reqional Housinq Needs Assessment)Allocation 8 • The State of California determines where and how much growth is going to occur in the next 9 cycle. The RHNA is the state-mandated process to identify the total number of housing units by 10 affordability level that each jurisdiction must accommodate in its Housing Element. The California 11 Department of Housing and Community Development (HCD) identifies housing need for 12 Mendocino County for an eight-year period in this cycle from 2014 to 2022. Mendocino Council of 13 Governments (MCOG) must then develop a methodology to distribute this need to local 14 governments. Once a local government/jurisdiction has received its final RHNA, it must revise its 15 Housing Element to show how it plans to accommodate its portion of the region's housing need 16 as determined by HCD. The housing needs figure is divided among the various corresponding 17 jurisdictions and represents what each jurisdiction and/or city is `obligated' to accommodate, not 18 necessarily 'build.' Each city has to look at availability of land and whether or not there are 19 constraints and/or if a rezone is a necessary and/or possible option. Much of housing needs 20 assessment was brought on by SB375 (Sustainable Communities Strategies). Noted during the 21 last RHNA cycle most cites were `hit with some unrealistic housing needs numbers' that could not 22 possibly be met. Also while some cities have experienced a higher housing needs assessment 23 number, Ukiah's housing needs number has dropped. 24 • The chart represents the RHNA allocation for the City of Ukiah and quantifies the need for 25 housing within each jurisdiction during specified planning periods from 2014 to 2019 for the 26 different income levels (very low, low, moderate and above moderate) 27 • The City is not required to actually build the housing units but rather sets the stage for the private 28 market and as such, how the City plans to fulfill its housing needs quota. 29 30 Progress 31 • Related to 2014-2022 RHNA: Chart demonstrates progress made to date concerning proposed 32 housing projects for'very low, low, moderate and above moderate income levels. 33 34 Housinq Element Goals 35 • Goal H-1: Conserve, rehabilitate and improve the existing housing stock to provide adequate, 36 safe, energy efficient, and decent housing for all Ukiah residents (General goal). 37 • Goal H-2: Provide housing for all economic segments of the community(General Goal). 38 • Goal H-3: Expand affordable housing opportunities for persons with special housing needs such 39 as the homeless, mentally ill, physically disabled, households with very low to moderate incomes, 40 senior citizens, farm workers, female heads of households with children under 18 years old, and 41 first time homebuyers (Special needs). 42 • Goal H-4: Promote well planned and designed housing opportunities for all persons regardless of 43 race, gender, age, sexual orientation, marital status or national origin (Fair housing). 44 • Goal H-5: Use land effectively to meet housing needs and to implement smart growth, green 45 building, and sustainable development policies with a focus on infill development(Efficiency). 46 • Goal H-6: Maintain a collaborative working relationship with all groups and organizations 47 dedicated to providing affordable housing in the community, and ensure board public participation 48 in the development of housing goals and policies (Collaboration). 49 50 (Housing Element Goals will remain unchanged). 51 52 Housinq Element Review 53 • Department of Housing and Community Development (HCD) has completed two reviews where 54 the primary comment is the City must comply with SB2. The current draft General Plan Housing 55 Element (2014-2019) and corresponding Negative Declaration reflects the elimination of MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 2 1 references to `redevelopmenY as well as other minor changes based on updated 2 information/data. 3 4 Chair Whetzel: 5 • Asked what if the City did not have sufficient/suitable acreage for housing projects and how would 6 this issue be addressed? 7 • Would assume the City is encouraging developments that would be for low income persons first. 8 9 Commissioner Watt: 10 • Rezoning requires looking at impacts to traffic/congestion and other types of impacts and asked if 11 there is an environmental analysis that coincides with a rezone. 12 • Understands the one impediment concerning compliance with the housing needs allocation 13 process that has to be addressed is the zoning and then deal with potential project impacts. 14 Asked if looking at availability for water/sewer would be another component of the CEQA 15 documentation process for rezones. 16 • If there is no suitable land available for housing projects and no rezone is possible would 17 annexation be a consideration? 18 • Understands then that the purpose of zoning changes is to allow for more density. 19 • Asked if`low and very low' represents `affordability.' 20 • Asked, for example, relative to `very low income' 11 units that are required for the 2014-2022 21 cycle and does this mean some manipulation of the land use policy and zoning is necessary that 22 brings the potential for the number of very low income housing units to 11 units. 23 • Referred to the draft 2014-2019 Housing Element dated March 2015 and the revisions and what 24 the City has to do and if there is a direct correlation/relation with changes to the land use policy 25 that will likely result in a letter from HCD? How does the City say our Housing Element will 26 accommodate the City of Ukiah RHNA assessment? Are the number of units established for a 27 particular housing needs assessment cycle accommodated/available on the map. In other words, 28 is the assessment documented by actual units on a map? 29 • How does `very low' income relate/compare to the other income categories in terms of 30 determining housing needs allocation? It would follow then that Moderate and Above Moderate 31 income groups would be associated with single-family housing units. 32 33 Commissioner Sanders: 34 • US Census information is documented in the Housing Element. 35 36 Principal Planner Thompson: 37 • The aforementioned issue of potentially not having suitable inventory of land for housing 38 development would result in a rezone, particularly to accommodate/provide for multi-family 39 housing (R-3 density). It is important for jurisdictions to comply with State HCD housing 40 requirements and have their housing element certified because this is directly tied to the financing 41 of grant allocations/appropriations for housing projects. 42 • Confirmed an environmental analysis would be required for a rezone as it relates to site analysis 43 and CEQA would require review of potential project impacts. The intent of review concerning a 44 potential rezone is to go as far as possible in the process until a `real/specific' project is actually 45 proposed where potential and possible significant environmental impacts are identified/addressed 46 that may, for instance require a traffic count study, etc. 47 • Acknowledged there are project level impacts that need to be identified and addressed in more 48 detail once a project is more clearly defined. Again, staff is required to look at CEQA 49 documentation for rezones. Site analysis for potential housing development encompasses many 50 elements that have to be addressed that may have to do with traffic/congestion, water/sewer 51 availability, even tree removal issues, for example. 52 • Is not familiar with anyjurisdiction being required to annex land to meet housing allocation needs. 53 Has observed some communities are completely 'built-ouY having no vacant land available and 54 their required housing numbers are typically low as to what housing they are required to provide. MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 3 1 • Very low, low, moderate, above moderate represent income levels as defined by the State and 2 classified by area median percentage. 3 • Referred to the map that shows vacant and underutilized parcels in the City limits and noted the 4 map has not been revised for this housing needs assessment cycle. The map is exactly the same 5 from the previous housing needs cycle (2009-2014) where the based assessment shows high 6 numbers (Very low = 131 units; Low = 113 units; Moderate = 101 units; Above Moderate = 249) 7 compared to the 2014 cycle where the based assessment shows lower numbers (Very low = 11 8 units; Low=7 units; Moderate = 7 units; Above Moderate = 20 units). 9 • The City is not proposing any land use changes. 10 • Confirmed the number of units for a particular housing needs assessment is related to number of 11 units on the map. Related to the map red represents underutilized parcels in City limits and yellow 12 represents vacant parcels in City limits and are considered `inventory' and/or `open properties' 13 that are available. 14 • Very low income would correlate and/or is associated with high density housing projects. 15 • Confirmed low income housing developments would be encouraged. Some cities provide for 16 `Inclusionary Housing' which is a term that refers to municipal and county planning ordinances 17 that require a given share usually 10 to 20% of new construction to be affordable to people with 18 low to moderate incomes. The City of Ukiah does not have an inclusionary housing 19 requirement/ordinance. 20 • Emphasized that the housing numbers being discussed were assigned to us by the State. 21 Again, the State gives the housing numbers to MCOG for Mendocino County that MCOG divides 22 among the jurisdictions. The City has the opportunity to comment on the housing allocation 23 numbers. Unlike the previous allocation cycle, the City's numbers for the current cycle are so low 24 that there is no objection. 25 • Confirmed US Census information is included in the Housing Element, particularly as it pertains 26 to population and identification of special needs, head of household categories etc., and some of 27 the information comes from the California State Department of Finance. 28 29 Commissioner Watt: 30 • Basically in conclusion the numbers from the US Census and State Department of Finance are 31 related to `units on a map.' 32 33 Commissioner Hilliker: 34 • Does the information in the Housing Element say anything about the coming and going of 35 population in areas and/or can this be effectively assessed? 36 37 Commissioner Sanders: 38 • Referred to page 7 and 8 of the draft Housing Element for 2014-2019 and noted the information 39 in the various tables addresses specific elements concerning population as to who makes up the 40 population and what the housing needs are. The Housing Element does a good job of identifying 41 the housing needs as to how the City can best serve its citizens. 42 43 Principal Planner Thompson: 44 • Information about population from the US Census is assessed and coincides with the SB375 that 45 focuses on Sustainable Communities Strategies and/or the complicated formula associated with 46 Green House Gases Emissions/particle equation. The intent is to focus on housing opportunities 47 in communities where feasible/properly zoned areas and to avoid `sprawl' development. 48 • Acknowledged the City is only one year into its housing cycle and in terms of progress is already 49 above the allocation needs in three of the four income groups as shown in the `Progress' table of 50 the PowerPoint presentation concerning approved new housing projects. Unlike `Very low' and 51 'Low' income groups it is more difficult for the `Moderate' income category to meet the designated 52 housing needs allocation because of costs and funding availabilities. 53 54 Commissioner Watt: MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 4 1 • With the housing market crash houses were plentiful so there was no real incentive for anyone to 2 build a single-family dwelling. 3 4 Chair Whetzel: 5 • The City of Ukiah does its best to fulfill its housing quota and requested clarification there is no 6 penalty if the quotas for the different income groups are not met. 7 8 Principal Planner Thompson: 9 • The `Moderate' income category is rather complex in that it goes up to 100% of area median 10 income and while it is considered `affordable' housing there is essentially no financing for this 11 type of housing so there is less incentive to meet this housing need. Affordable housing needs 12 are families who pay more than 30% of their income for housing and are considered cost 13 burdened and may have difficulty affording necessities such as food, clothing, transportation and 14 medical care. A family with one full-time worker earning the minimum wage cannot afford local 15 fair-market rates for a two-bedroom apartment let along to rent a single-family dwelling. It is not 16 uncommon for cities not to fulfill their `Moderate' income housing quota. Since `Very low' and 17 'Low' income categories placate to higher density units there is more incentive for this type of 18 housing development because of tax credit assistance and/or funding opportunities that may 19 include grants etc., that are available. 20 • Confirmed there is essentially no penalty for not meeting the housing quotas assigned but the 21 City is obligated to tell the State about any land constraints, discuss the City's process for 22 meeting the housing needs allocation quotas, advise of goals/policies that address special needs 23 housing types in the community/or comment on any other associated problems/issues. 24 • Discussed the Housing Element Goals H-1 through H-6. 25 • Talked about the next steps in the process of getting the Housing Element for 2014-2019 adopted 26 and certified. After tonighYs discussion and Commission comments, staff will come back 27 requesting a formal recommendation for adoption by City Council with final review by HCD for 28 certification. 29 30 Commissioner Watt: 31 • Related to the `Goals' particularly the goal that provides opportunities and asked if this means the 32 City must provide funding? 33 • Asked in staff's opinion if there is an opportunity to develop land use policies that actually improve 34 the quality of life for the citizens beyond having to `jumping through the hoop' just to get a 35 Housing Element document adopted and certified? 36 • The site analysis is the requirement as it pertains to suitable land/analysis of zoning, etc., and 37 asked if there is an opportunity to develop land use opportunities beyond the requirement? 38 • Implementation tasks are essentially what we want developers to do on the building permit 39 applications. 40 41 Commissioner Sanders: 42 • Implementation tasks represent a much broader scope of how the results should be achieved 43 than just what builders must do on a building permit application and referred to page 10 of the 44 draft Housing Element that talks about `Implementing Tasks' that include limiting the conversion 45 of rental units to condominiums, limiting the conversion of single family home to professional 46 offices, pursuit of the consideration of an inclusionary housing ordinance, supporting 47 applications for affordable rental housing financing, amending the zoning code to allow single 48 room occupancy developments by right, permitting small lot subdivisions, and working closer 49 with affordable housing advocates and developers to facilitate affordable rental housing. 50 • The intent is to make projects work to accommodate the citizens. 51 • It appears for this Housing Element cycle the City is `more proactive' than in past cycles in 52 terms of establishing effective goal/policies/implementation tasks to encourage/see that 53 potential housing developments work and how we can best serve the very low-income groups 54 satisfy their housing needs. 55 MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 5 1 Commissioner Watt: 2 • Views the `Implementation Tasks' as essentially`policies' the City applies to projects as they are 3 presented and is of the opinion 'Goals' and corresponding `Implementation Tasks' are directly 4 related to the land uses. Of course, if someone wants to do a particular project, the City would 5 support this endeavor and `lower the constraints' if necessary to make the project work. Is of the 6 opinion the policies are just policies and questions whether or not just having policies in place 7 really makes things happen for citizens and sees the importance and necessity of having land 8 use requirements in place that can automatically address housing needs and allocation thereof. 9 Understands while policies and implementation tasks do help jurisdictions meet and shape their 10 housing quotas finds that having land use requirements in place are also important. 11 12 Chair Whetzel: 13 • The Housing Element basically tells the State the City of Ukiah `is trying' to provide housing 14 opportunities for its citizens. The vacant/underutilized map indicates we have land available. 15 • Noted the RHNA requirements/quota in the current Housing Element is much less than in the 16 2010. 17 18 Principal Planner Thompson: 19 • Confirmed the City does not have to provide funding to comply with the `Goals' that are set forth. 20 Referred to the recently approved PEP Senior Housing project where the land was donated by 21 the City that also acts to satisfy a general Housing Element goal. 22 • Much of the contents of the Housing Element is the same as the last cycle. With the economic 23 downturn that occurred the State did not require cities to start over with having to revitalize their 24 Housing Element and corresponding housing goals. 25 • With the latest review of the draft Housing Element the State made comments where the City 26 responded and made changes that are reflected in the current House Element document. (See 27 Housing Element) 28 • The way in which land uses translate relates to site analysis, i.e., inventory of suitable land, 29 analysis of zoning and subsequent zoning for all types of housing. 30 • Is of the opinion `land use' represents a small component of the Housing Element. As such, there 31 are many programs in the Housing Element related to goals/policies/implementation tasks that 32 address what we want to see happen and how the results should be achieved. 33 • Acknowledged while housing opportunities are `land use driven' there is a lot more to it and this is 34 the reason the Housing Element addresses programs and goals/policies/implementation tasks. 35 • Again, the Housing Element has changed very little since the last cycle. Most of the 36 implementation measures are the same. 37 • The primary intent is make certain things happen as a result of the `Goals' set forth. Every 38 community has similar goals. The first goal is to always provide adequate and safe housing for 39 the community. 40 41 Commissioner Sanders: 42 • The PEP project was not a `typical' project as the property was redevelopment land. 43 • Referred to page 13 of the draft Housing Element, Local Housing Development and noted the 44 City has been working with a local developer on a number of housing project ranging from a new 45 duplex in the Downtown to a 30+ unit apartment complex adjacent to major shopping, offices and 46 the local transit system and also the City is donating 1.5 acres of infill parcels to PEP Housing for 47 the construction of 42 low and moderate income senior units. This demonstrates the City has 48 been proactive in generating/encouraging housing projects. 49 • Staff reports prepared for projects typically mention if they follow the Housing Element as well as 50 the General Plan, Zoning Ordinance, etc. 51 • Would like to see existing residential units preserved for housing. Does not support allowing 52 residential units to be converted to professional office use/office space and noted there are many 53 such scenarios in the City. Many of these units could be used for affordable housing. Is of the 54 opinion the aforementioned issue of converting residential units to office space needs to be 55 addressed. Would like to see the issue of conversions be reviewed and reassessed. Supports MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 6 1 that the concept of allowing conversions of any residential unit in any zoning designation be 2 addressed particularly if there is not sufficient housing stock for citizens and takes away from the 3 housing inventory. Residential units exist in commercial zoning designations all over town. Notes 4 the vacancy rate is really low in Ukiah for residential. 5 • Referred to page 63 of the Housing Element, Implementation Task H-2-h states, `Do not permit 6 the conversion of single family residential homes to professional office unless the City's amount 7 of residential units is sufficiently adequate.' While pleased to see this in the Housing Element, 8 questions how can we protect the housing stock and what happens to those homes that have 9 already been converted to office space? Is there any way to get these home back for housing 10 use? 11 12 Chair Whetzel: 13 • The PEP project put the City `way over its goal' relative to meeting Housing Element quotas for 14 housing development. 15 16 Principal Planner Thompson: 17 • The PEP property was purchased with 20% set aside money intended for housing development 18 purposes originating from property tax appropriations and fundamental in conjunction with the 19 Redevelopment Agency set aside funding program. Even though money for redevelopment 20 purposes is no longer a program the City is still able to help projects. The City made a sound 21 decision to purchase the PEP property with redevelopment money before `RedevelopmenY was 22 dissolved when all associated money was transferred back to the State. 23 • Notes realistically it is not possible to satisfy/complete all the 'Goals' and `Implementation tasks' 24 set forth in the Housing Element. 25 • Some residential units are lost to demolition for various reasons that decreases the housing 26 inventory. Understands conversions of residential uses to commercial office space does reduce 27 the housing stock and while this issue is mentioned in the Housing Element the document 28 concerns itself more with what is going on and what can be done with regard to site analysis in 29 connection with land constraints and zoning. Demolition of residential units are reported. 30 Acknowledged that conversion of residential units to office space represents a loss in the housing 31 stock. 32 • There are residential units in the Downtown area and in other areas that exist in commercially 33 zoned districts. Conversion of residential units in the R1 zoning district to office space use is not 34 likely allowed. 35 • Those residential units already converted to office space and with the likelihood of them being 36 converted back to residential use is up to the discretion of the property owner. Typically a 37 considerable amount of money is spent on a conversion. Conversions may be a zoning issue that 38 can be looked at. 39 40 Commissioner Watt: 41 • Supports that sources providing information/data in the Housing Element such as in the tables 42 cited in the document be dated because some information may be outdated and/or is no longer 43 relevant but yet is referenced. 44 • It may be some uses are non-conforming within a particular zoning district and therefore, a zoning 45 issue and possibly representative of re-zoning changes not enforced. 46 47 Principal Planner Thompson: 48 • Information in the Housing Element is reviewed and updated as much as is possible with what is 49 available. Since US Census information is not always current from the last census 50 conducted/taken, the American Community Survey is a source that is available and provides 51 more current information about population/households/renting versus homeownership/housing 52 that can be used/cited in Housing Elements for updates, but much of this information is estimates. 53 • Acknowledged it is a good idea to date sources used in the Housing Element and will review 54 sections/tables where this would be necessary/valuable. 55 • Rezones can result in legal non-conforming uses that do exist from time to time in certain cases. MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 7 1 Commissioner Sanders: 2 • City Council could make a statement about preserving affordable housing by not supporting 3 residential conversions to commercial uses. It could be that a conversion was allowed because of 4 a rezone. 5 • It may be that more commercial office space is necessary in this community but not draw/take 6 away from the housing stock. 7 8 Commissioner Watt: 9 • A conversion could be illegal or it was allowed by right. It may be that an `overlay' zone is 10 necessary to preserve housing stock. 11 • Sees there is many vacant office space available in different areas of the community. Is of the 12 opinion there is not a high demand and/or need for office space because of the vacant space 13 available. 14 • It is difficult to find affordable housing within walking distance to transportation, services in town 15 but rent for such residential units are rather expensive so people tend to look outside the City 16 limits for more affordable rental opportunities. 17 18 Principal Planner Thompson: 19 • Related to conversions of residential units to commercial office space, the majority of which 20 appear to exist on the fringe of the Downtown. A rezone makes it possible to change the existing 21 'Commercial' use to `Residential.' An approved use permit runs permanently with the land such 22 that the only way for a change to occur is for a rezone or a revocation of the use permit. 23 24 Chair Whetzel: 25 • The commercial area around the Downtown is fairly large. 26 27 Principle Planner Thompson: 28 • The areas in and around the Downtown core are zoned C-1 (Community Commercial) or C-N 29 (Neighborhood Commercial) in which professional office uses are allowed. Residential units exist 30 in these areas where residential conversions to commercial office space are possible. These 31 areas represent the transition between the Downtown zoning and residential areas where some 32 homes functions as `residential' while other function as `commercial.' 33 34 Commissioner Sanders: 35 • Referred to page 52 of the draft Housing Element and questioned the matter of projects having to 36 provide for on and off-site improvements requirements such that the City requires street curb, 37 gutter and sidewalks, water and sewer connections, electrical connections and landscaping for all 38 new construction, including affordable house. Related to the curb, gutter and sidewalk 39 requirements does not view this as an ideal/effective way to direct storm water and asked if this is 40 an issue? Does this pertain to the project or street side? 41 • Is City Council interested in adopting an Inclusionary Housing Ordinance? 42 • In order for Inclusionary Housing to work, this needs to be an ordinance. 43 44 Chair Whetzel: 45 • Providing for on and off-site improvements is a City Public Works standard requirement and 46 documenting this in the Housing Element advises the State the City has these requirements. 47 48 Commissioner Watt: 49 • Is of the opinion what is being talked about in this section is curb, gutter and sidewalk `on the 50 project and not on the street side.' 51 • Referred to page 27 of the draft Housing Element, Drainage, states 'The City adopted new Low 52 Impact Development drainage requirements which could result in lower costs for housing 53 projects,' and questions how this is possible? It would seem this requirement would add costs to 54 projects. 55 MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 8 1 Commissioner Hilliker: 2 • Related to the `Strategic Planning' process that is ongoing there has been discussion relative to 3 storm water and sewer and understands this has become a rather large issue and is interested 4 to see how the discussion plays out. 5 • Referred to the checklist on page 7 of the Initial Environmental Study and Negative Declaration 6 prepared for the City of Ukiah Housing Element update and asked about reference to the 7 Williamson Act and what this act represents? 8 • Referred to the checklist question on page 9 of the Negative Declaration, Biological Resources, 9 item f states, `Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 10 Community Conservation Plan, or other approved local, regional, or state habitat conservation 11 plan' and inquired how often these types of plans are updated? 12 13 Principal Planner Thompson: 14 • The Williamson Act of the US state of California (officially, the California Land Conservation Act of 15 1965) is a California law that provides relief of property tax to owners of farmland (agricultural 16 land) and open-space land in exchange for a 10-year agreement that the land will not be 17 developed or otherwise converted to another use. 18 19 Commissioner Watt: 20 • The Williamson Act is essentially a property tax break where Ag owners do not get taxed at the 21 full rate in exchange for a 10-year agreement the land will not be developed. Requested 22 clarification the City does not have such a contract. 23 24 Principal Planner Thompson: 25 • Reference to the Williamson Act in the Initial Study/Negative Declaration is standard/generic 26 language used in the checklist concerning the 'Agriculture and Forestry Resource' section and 27 confirmed there is no Williamson Act property in the City limits. 28 • Related to the checklist question in item `f' that addresses conflict with provisions of an adopted 29 Habitat Conservation Plan, etc., this also represents standard language having to do with CEQA 30 requirements. 31 • City Council has discussed an Inclusionary Housing Ordinance, but no interest was expressed at 32 the time this matter was brought forward. The matter of Inclusionary Housing is an ordinance and 33 discussed what otherjurisdictions do in this regard. 34 35 Commissioner Watt: 36 • The language in item `f' is CEQA provision related and `there is nothing like this in the City.' 37 38 Principal Planner Thompson: 39 • Will review the aforementioned comments made by the Commission and come back with a 40 Resolution and formal recommendation for adoption of the Housing Element to Council. 41 42 10. PLANNING DIRECTOR'S REPORT 43 Principal Planner Thompson: 44 • Gave an update on recent Zoning Administrator meeting decisions and upcoming Planning 45 Commissioner projects. 46 47 Commissioner Sanders: 48 • Asked about the status of the Redwood Tree Car Wash project condition of approval about 49 planting a street tree next to the MTA bus stop. 50 • Asked about the status of the Gobbi Street Apartment project. 51 52 Principal Planner Thompson: 53 • Is pretty sure the City Public Works Department upheld the condition of approval regarding the 54 planting of a street tree in the planter area next to the MTA bus stop and will confirm and advise 55 the Commission accordingly. MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 9 1 • Confirmed no building permit has been issue for the Gobbi Street Apartment project. The 2 applicant has assured the City they will proceed with the project. 3 4 Chair Whetzel: 5 • Asked if the Planning Commission will review the California Medical Marijuana Regulation and 6 Safety Act(MMRSA)and what this means/translates for Ukiah in terms of zoning, etc. 7 8 Principal Planner Thompson: 9 • Planning staff and the City Attorney have met regarding the new law and advised the City is in 10 good shape with what the rules the City currently has in place as far as marijuana control. Does 11 not recall offhand what rules the City has with regard to marijuana use and cultivation. 12 13 11. PLANNING COMMISSIONERS' REPORT 14 Commissioner Sanders: 15 • Provided an update on the annual Planning Conference regarding the subject matter and noted it 16 was informative and beneficial. 17 18 Chair Whetrel: 19 • Local 4-H Club members will conduct a 'wreaths Across America' ceremony for the veterans at 20 the Russian River Cemetery District in Ukiah on Saturday morning. 21 • The Ukiah Municipal Airport annual Christmas party potluck luncheon is tomorrow and the 22 Planning Commissioners are invited to attend. 23 24 12. ADJOURNMENT 25 There being no further business, the meeting adjourned at 8:11 p.m. 26 27 28 Cathy Elawadly, Recording Secretary 29 30 31 MINUTES OF THE PLANNING COMMISSION December 09, 2015 Page 10 ! c o �n '�n .-i � o �� '� N � � Ol O L U v OA � � � N �+-� C u � z � °� � � o � � � U Q � 1....� W 0 � _ W � � � �C z . 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