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HomeMy WebLinkAbout05242017 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 24, 2017 6:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. The minutes of April 12, 2017 and April 26, 2017. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. 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. 6. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For items on this agenda, the appeal must be received by June 5, 2017 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING a. Costco Wholesale: Request for a recommendation to the City Council 1) certifying the Project FEIR and Statement of Overriding Considerations that includes the Energy Analysis; and 2) Rezoning of the Project parcels from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial. b. Continued discussion of Accessory Dwelling Unit Ordinance regulations in relation to AB2299, SB 1069, and AB 2406. 10. PLANNING DIRECTOR'S REPORT 11. PLANNING COMMISSIONERS' REPORT 12. ADJOURNMENT Page 1 of 2 ADA ACCOMODATION: If you plan on attending the public hearing and need a special accommodation because of a sensory or mobility impairment/disability, or have a need for an interpreter, please call Cathy Elawadly at the City of Ukiah at (707) 463-6752 to arrange for those accommodations to be made. Page 2 of 2 CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 12, 2017 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Laura Christensen Linda Sanders Christopher Watt Mark Hilliker STAFF PRESENT OTHERS PRESENT Kevin Thompson, Interim Planning Director Darcy Vaughn, Assistant City Attorney Adele Phillips, Associate Planner Listed below, Respectively Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:03 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES Motion/Second Watt/Sanders to approve the Minutes of January 11, 2017, as submitted. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Sanders, and Whetzel. NOES: None. ABSENT: Christensen. ABSTAIN: None. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS No public comment was received. 6. APPEALPROCESS Note:For matters heard at this meeting the final date to appeal is Apri124, 2017 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE Page 1 of 2 Minutes of the Planning Commission, April 12, 2017, Continued: 9. PUBLIC HEARING a. Discussion of Accessory Dwelling Unit Ordinance Regulations in Relation to AB 2299, SB 1069, and AB 2406. Presenters: Kevin Thompson, Interim Planning Director and Darcy Vaughn, Assistant City Attorney. Interim Planning Director Thompson introduced Adele Phillips, Associate Planner. (PowerPoint presentation attached.) PUBLIC HEARING OPENED: 7:20 P.M. Public Comment: Becky Tune. PUBLIC HEARING CLOSED: 7:30 P.M. Commission Consensus gave staff the following direction relevant to amendments to the existing Accessory Dwelling Unit Ordinance: 1. Minimum Lot Size - No change; Maintain existing City Ordinance standards of 5,000 sq. ft. for interior lot and 7,000 sq. ft. for corner lot. 2. Size of Unit - No change. Maintain existing City Ordinance standard of maximum 750 sq. ft. 3. Setbacks -Amend City Ordinance to comply with AB 2299 standards. 4. Parking -Amend City Ordinance to comply with AB 2299 standards. 5. Driveway widths — a. Reduce minimum driveway width servicing a second dwelling from 18 feet to 12 feet with input from the Fire Department. b. Staff to bring back options regarding driveways accessing second units set back a minimum of five feet from any structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway. 6. Architecture — No change to existing City Ordinance. 7. Maximum Height — No change to existing City Ordinance and provide for further Commission discussion regarding maximum height for an ADU above a garage. Additional direction includes: • Staff to provide diagrams of how Accessory Dwelling Units (ADU) can potentially be laid out on properties. • Staff to prepare a draft Accessory Dwelling Unit Ordinance incorporating the aforementioned recommendations/amendments for review by the Planning Commission. 10. PLANNING DIRECTOR'S REPORT Presenter: Kevin Thompson, Interim Planning Director. 11. PLANNING COMMISSIONERS' REPORT Presenters: Commissioners Sanders and Hilliker. 12. ADJOURNMENT There being no further business, the meeting adjourned at 7:39 p.m. Cathy Elawadly, Recording Secretary Page 2 of 2 4/12/2017 Accessory Dwel I i ng U n its 1 �r �ti� _ �` r.�f � � d ��� � � f�� Plannmg Commiss�on April 12.2017 BACI< G RO U N D • Effective 1/1/17 AB 2299, SB 1069, and AB 2406 • Legislative intent to simplify and encourage construction of second units or ADUs • Significantly affect the City's authority to regulate development of second units • Council directed staff to bring the item to the PC • Staff will be suggesting some additional amendments ''�; - �- 1 4/12/2017 Pianning Commission Role Goals for tonight are to discuss and provide direction on the following: 1.Should the City amend its existing Ordinance or default to ADU development standards in AB 2299? 2.If we amend the existing Ordinance,we need to address inconsistencies between AB 2299 and the existing Ordinance. • 3.If direction is to amend,staff will return with a draft Ordinance for discussion and possible recommendations. ; � . T � 4 Pro osed Amendment #1 p • Required lot size State Law: no explicit lot size J � . � City Ordinance: �- T'+' 5,000 sq.ft. interior .� '� �- � � 7,000 sq.ft. corner . I ,_� _ � r" � a---� ,-__-"%'j-=�- �!-iJ � 4/12/2017 Proposed Amendment #2 Unit Size State Law: • ADU shall not exceed 50% of the existing living space and shall not exceed 1,200 square feet. • Minimum size for ADUs must allow for at least a 150 square foot efficiency unit. � Citv Standard: :,. : ���� • 750 Sq.Ft. maximum _1 Recommended Amended #3 Setbacl<s State Law: • No setback shall be required for an existing garage conversion • No more than 5 feet from the side and rear lot lines shall be required for an ADU constructed above a garage. City Standard: • Front Yard: The same as the existing single-family residence, but no closer than five feet (5'). • Side Yard, Single-Story: Side yard for single-story unit: Five feet (5'). • Side Yard, Two-Story: Side yard for two-story unit: Ten feet (10'). • Rear Yard, Single-Story: Rear yard for single-story unit: Five feet (5'). 3 4/12/2017 Recommended Amended #4 Parking Standards State Law- no parkin� required if: • Within%z mile of public transit • Located in architecturally and historically significant historic district • ADU is located within an existing dwelling or accessory structure • On street parking permits required but not offered to second unit • Car share located within one block • One space per unit or per bedroom requirement if none of above applies City Standard: * One for each bedroom in addition to two for main house �,�a�-` �� �: Other Regulations for Consideration _ _�.�-._��,: � . �-� F:r - §9016 ALLOWED USES Driveway widths 0. Driveways accessing second units shall be set back a minimum of five feet(5' from any structure on an adjoining parcel that has a bedroom adjacent to the propose�driveway. P. The minimum width of a driveway serving a second dwelling unit shall be eighteen feet (18'),unless the city fire marshal determines that adequate fire protection can I�e rovided to the second unit even though the driveway has a width less than eighteen feet(18'� Must be occupied by the owner M. One of the units on the parcel shall be occupied by the property owner. 4 4/12/2017 Other regulations for Consideration §9016 ALLOWED USES d. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. J. The maximum height for second units shall be eighteen feet (18'). Taller units may be approved through the use permit process. �� �rt�:� - .�_ . � _ _- ,.;- � a_� w , ��r,,. . Summary of Amendments ��-� .. . 1 Minimum Lot Size No Discuss 2 Size of Unit Yes Amend Current Ord. 3 Setbacks Yes Amend Current Ord. 4 Parking Yes Amend Current Ord. 5 Driveway Width No Discuss 6 Owner Occupied No Discuss 7 Architecture No Discuss 8 Max Height No Discuss 5 CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 26, 2017 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Linda Sanders Christopher Watt Laura Christensen Mark Hilliker STAFF PRESENT OTHERS PRESENT Shannon Riley, Deputy City Manager David Rapport, City Attorney Adele Phillips, Associate Planner Listed below, Respectively Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES Motion/Second: Hilliker/Watt to approve the Minutes of April 12, 2017, with an amendment to Agenda Item 9a, Item 2 of the existing Accessory Dwelling Unit Ordinance to read: 2. Size of Unit—Amend City Ordinance to comply with AB 2299 which limits the maximum size of the unit. Motion carried by the following roll call votes: AYES: Hilliker, Watt, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: Christensen. Note: Upon review of the audio recording, staff feels that the minutes were correct in their original form, and will be bringing them back to the Commission with a transcript of the discussion pertaining to the size of fhe unit, for a second and final approval. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS No public comment was received. Page 1 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: 6. APPEALPROCESS Note: For matters heard at this meeting the final date to appeal is May 8, 2017, at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING a. Costco Wholesale: Request for a recommendation to the City Council 1) certifying the Project FEIR and Statement of Overriding Considerations that includes the Energy Analysis; and 2) and rezoning of the Project parcels from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial. Presenter: Shannon Riley, Deputy City Manager. PUBLIC HEARING OPENED: 6:08 P.M. Public Comment: Ken Porter and James Houle. PUBLIC HEARING CLOSED: 6:13 P.M. Motion/Second: Hilliker/Christensen to continue request for a recommendation to the City Council 1) certifying the Project FEIR and Statement of Overriding Considerations that includes the Energy Analysis; and 2) and rezoning of the Project parcels from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial to a date certain of May 10, 2017. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: None. b. Sports Attic Bar: Request for approval of a Use Permit to allow the establishment of the Sports Attic Bar located at 247 E. Perkins Street. Presenters: Shannon Riley, Deputy City Manager and Adele Phillips, Associate Planner. PUBLIC HEARING OPENED: 6:25 P.M. Public Comment: Dave Sperry and Ralph Fimbres Jr. PUBLIC HEARING CLOSED: 6:37 P.M. Motion/Second: Watt/Christensen to approve the Major Use Permit for the Sports Attic Bar based on the draft findings included in Attachment 1 of the staff report and subject to the Draft Conditions of Approval included in Attachment 2 of the staff report, with a modification to the hours of operation to include Sundays from 10:00 a.m. to 8:00 p.m. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, and Whetzel. NOES: None. ABSENT: Sanders. ABSTAIN: None. NOTE: Attachments 1 and 2 are being included with the minutes for the record. 10. PLANNING DIRECTOR'S REPORT Page2of7 Minutes of the Planning Commission, April 26, 2017, Continued: Presenter: Adele Phillips, Associate Planner. 11. PLANNING COMMISSIONERS' REPORT Presenters: Hilliker, Christensen, Watt, and Whetzel. 12. ADJOURNMENT There being no further business, the meeting adjourned at 6:46 p.m. Cathy Elawadly, Recording Secretary ATTACHMENT 1 FINDINGS FINAL USE PERMIT FINDINGS TO ALLOW OPERATION OF A SPORTS BAR AT 247 E. PERKINS STREET APN 002-231-29 FILE NO: 2609 The following findings are supported by and based on information contained in this staff report, the application materials and documentation, and the public record. 1. The proposed project, as conditioned, is consistent with the goals and policies of the General Plan as described in the staff report and Table 1. 2. The proposed project, as conditioned, is consistent with the Downtown Zoning Ordinance as described in Table 1 of the staff report. 3. The proposed project, as conditioned, is consistent with the Airport Compatibility requirements for the B2 zone based on the following: 1. The project site currently contains a commercial structure that has been in operation for many years as both retail and a restaurant. Low intensity restaurants, retail and offices are acceptable uses in the B2 infill zone. 2. Per the B2 Infill Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject proposal qualifies as infill because: a. substantial development already exists, b. the project site is bounded by uses similar to those proposed, c. the project will not extend the perimeter of the area developed with incompatible uses, and d. the proposed project does not otherwise increase the intensity or incompatibility of use, and e. the local jurisdiction has identified this area as infill. 3. The Ukiah Municipal Airport Master Plan Report allows 90 people per acre for non-residential uses in the B2 zone, and ALUC Compatibility Plan Table 2A Compatibility Criteria allows exemption from maximum density requirements for short-term events. Page 3 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: 4. Based on the above criteria and the size of the subject property 54 people are permitted on the site on a regular basis. This number exceeds the 50 person occupancy requested by the project proponent, and therefore, the project is consistent with the Airport Landuse Plan. 4. The proposed project, as conditioned, will not be detrimental to public health, safety and general welfare based on the following: 1. The project site currently contains a commercial structure that has been in operation for many years as both retail and a restaurant. Low intensity restaurants, retail and offices are acceptable uses in the B2 infill zone. 2. Per the B2 Infill Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject proposal qualifies as infill because: a. substantial development already exists, b. the project site is bounded by uses similar to those proposed, c. the project will not extend the perimeter of the area developed with incompatible uses, and d. the proposed project does not otherwise increase the intensity or incompatibility of use, and e. the local jurisdiction has identified this area as infill. 3. The Ukiah Municipal Airport Master Plan Report allows 90 people per acre for non-residential uses in the B2 zone, and ALUC Compatibility Plan Table 2A Compatibility Criteria allows exemption from maximum density requirements for short-term events. 4. Based on the above criteria and the size of the subject property 54 people are permitted on the site on a regular basis. This number exceeds the 50 person occupancy requested by the project proponent, and therefore, the project is consistent with the Airport Landuse Plan. 5. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class 3, conversion of small structures and Section 15301 Class 1, Existing Facilities based on the following: A. The proposed project will be ancillary to an existing business and does not involve hazardous materials B. The location is not environmentally sensitive and no drainage courses or bodies of water (such as creeks or streams). C. The site is developed with an existing building and parking lot, utilities and services already are available at the site and no expansion of the existing building footprint is proposed as part of the project. 6. Notice of the proposed project was provided in the following manner as required by the Zoning Ordinance: A. posted in three places on the project site on April 17, 2017; B. mailed to property owners within 300 feet (includes all owners of Main Street Townhomes) of the project site on April 13, 2017; and C. published in the Ukiah Daily Journal on April 16, 2017. Page 4 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: ATTACHMENT 2 FINAL CONDITIONS OF APPROVAL— USE PERMIT FINAL USE PERMIT CONDITIONS OF APPROVAL TO ALLOW TO ALLOW OPERATION OF A SPORTS BAR AT 247 E. PERKINS STREET APN 002-231-29 FILE NO: 2609 1. Approval is granted to allow the operation of a sports bar as described in the project description submitted to the Planning and Community Development Department and date stamped March 22, 2017 and April 17, 2017 except as modified by the following conditions of approval. 2. Operation of the Sports Attic is allowed subject to the following: A. Hours of operation are: Monday- Friday 4:30 p.m. to 10:00 p.m.; Saturday 12:00 p.m. to 11:00 p.m.; and, Sunday 10:00 a.m. to 8:00 p.m. B. Alcoholic beverages are limited to beer and wine. C. Limited food service is allowed, including hot dogs, nachos, chips and salsa and the like. D. The facility will be available for rent on Saturday nights for special events, no more than twelve (12) times annually with hours of operation from 5:00-11:00 p.m. 3. Any modifications to the ABC license for the premises may require an amendment to this Use Permit or a new Use Permit to allow an increase of the hours during which alcohol is served. 4. Activities approved as part of this Use Permit are subject to the requirements of Ukiah City Code Division 7, Chapter 1, Article 6 (Noise Ordinance). From the Fire Marshal 5. All exit doors shall be equipped with lighted exit signage and emergency lighting with a battery backup. 6. Main Entry door must swing in direction of egress travel "out". 7. There may be other minor Fire Code additions when plans are submitted, ie. Address location. Fire extinguishers. From the Buildinq Official 8. A building permit is required to convert office building to sports bar. Page 5 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: From Police Department 9. In the event of a change in ownership or management of the business, the City shall be notified of the change in ownership/management. The new ownership/management shall meet with the Planning Department and Police Department to review the conditions of this Use Permit. The new ownership shall indicate in writing of any modifications to the uses allowed by this Use Permit and shall identify the proposed modifications. Any proposed modifications shall be reviewed by the Planning Department and Police Department. The Planning Director shall determine if the proposed modifications are consistent with the Use Permit or require approval of an amendment to this Use Permit and shall determine if the amendment is minor (Zoning Administrator) or major(Planning Commission). 10. No off site sales of packaged beer and wine for consumption off the premises where sold. 11. No minors are allowed on the premises. 12. The facility will be open to inspection at all times while the business is open and the Ukiah Police Department will not be denied access. Public Works Conditions 13. If proposed improvements create the net addition of two or more plumbing fixture units to a building, the use changes to a restaurant, or the building permit value of work exceeds $123,679 (amount adjusted annually), the existing sanitary sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 1105, and repaired or replaced if required. 14. If new plumbing fixtures are proposed, City of Ukiah sewer connection fees shall apply and be paid at the time of building permit issuance. 15. If food preparation or other activities result in the discharge of fats, oils or grease into the sanitary sewer, a grease interceptor will be required. 16. All driveway and parking areas shall be paved with asphaltic concrete, concrete, or other alternative surfacing, subject to approval by the City Engineer. Standard Citv Conditions of Approval 17. Business operations shall not commence until all permits required for the approved use, including but not limited to business license, tenant improvement building permit, have been applied for and issued/finaled. 18. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable to this application and these conditions of approval have been paid in full. 19. The property owner shall obtain and maintain any permit or approval required by law, regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the Building Permit is approved and issued. Page 6 of 7 Minutes of the Planning Commission, April 26, 2017, Continued: 20. A copy of all conditions of this Use Permit shall be provided to and be binding upon any future purchaser, tenant, or other party of interest. 21. All conditions of approval that do not contain specific completion periods shall be completed prior to building permit final. 22. This Use Permit may be revoked through the City's revocation process if the approved project related to this Permit is not being conducted in compliance with these stipulations and conditions of approval; or if the project is not established within two years of the effective date of this approval; or if the established use for which the permit was granted has ceased or has been suspended for 24 consecutive months. 23. This approval is contingent upon agreement of the applicant and property owner and their agents, successors and heirs to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of which is to attack, set aside, void or annul the approval of this application. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the City's action on this application, whether or not there is concurrent passive or active negligence on the part of the City. If, for any reason any portion of this indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 24. That the applicant obtain and maintain any required Alcohol Licenses and any other regulatory licenses required to operate exactly as described by the applicant as submitted with the Use Permit application. Copies of any licenses obtained be supplied to the City for inclusion in the use permit file with the City. Page 7 of 7 Community Development and Planning Department 300 Seminary Avenue Ukiah, CA 95482 celawadly@cityofukiah.com 707)463-6752 Ctty oj�7k�c�� DATE: May 24, 2017 TO: Planning Commission FROM: Cathy Elawadly, Recording Secretary SUBJECT: Planning Commission minutes of April 12, 2017 At the April 26, 2017 meeting, there was a consensus that the minutes for the April 12th meeting were incorrect in respect to Agenda item 9a, Item 2, which read: 2. Size of Unit- No change. Maintain existing City Ordinance standard of maximum 750 sq. ft. The consensus was that it should have read: 2. Size of Unit—Amend City Ordinance to comply with AB 2299 which limits the maximum size of the unit. Staff has since reviewed the audio recording of the meeting and determined that the minutes, in their original form, were a correct recording of the proceedings. Attachment 1 is the transcription of the audio recording that pertained to the size of the unit. This segment can be listened to in the context of the full discussion by going to the City's website at: http://www.cityofukiah.com/meetinqs/ under the Planning Commission Tab, April 12, 2017, Meeting Video, at the 00:56:00 time stamp. As a result, staff is requesting the Planning Commission approve the April 12t" minutes in its original form. 1 Attachment 1 Planning Commission Meeting of April 12, 2017 Verbatim Discussion RE: Size of Unit Darcy Vaughn, Assistant City Attorney: I am getting the sense of what the Commission would like to do, and this is what I think would be the best decision, and this would be to retain what local control we have, and amend the current ordinance so it is in compliance with the State law. So the first step then, is to amend those parts of the ordinance that we have, and while doing so if we wanted to we could amend any other section we think we should such as some of the sections that planning has already identified as parts they think might out-of-date or impractical. Chair Mike Whetzel: Are we stuck with a 1200 sq. ft. maximum size or can we codify this or can we go less than this? Darcy Vaughn, Assistant City Attorney: We can go less than this as long as it would not impede the development of ADUs on those properties in Ukiah. Commissioner Sanders: 750 sq. ft. Darcy Vaughn, Assistant City Attorney: 750 sq. ft. is reasonable because other communities that are larger than the City of Ukiah just as Santa Cruz has imposed 800 sq. ft. /.....discussion moved on. ITEM NO. 9A Community Development and Planning Department 300 Seminary Avenue Ukiah, CA 95482 ����r���T���j� planninq(c�citvofukiah.com (707)463-6203 DATE: May 24, 2017 TO: Planning Commission FROM: Kevin Thompson, Planning Manager SUBJECT: Consideration and possible recommendation to City Council to certify the Final Environmental Impact Report (FIER) including the Energy Analysis, and Overriding Considerations and recommendation of approval for the proposed rezone of the Costco Project site to Retail Commercial Recommendation: Staff recommends Planning Commission: a. Take public and Planning Commission comment on the rezoning to allow the amendment of the Airport Industrial Park Planned Development (AIP PD) Land Use Map (see attachment 1); b. Make a recommendation to the City Council on the rezoning (see attachment 2); and c. Consider public comments on the recirculated energy analysis portion of the EIR d. Make a recommendation to the City Council on certification of the FEIR and Statement of Overriding Considerations. Summary: On June 15, 2016, the State Court of Appeals issued its decision on the Ukiah Costco case. The decision ruled in favor of the City of Ukiah and upheld the Superior Court decision in its entirety, except for one item regarding an addendum to the Environmental Impact Report (EIR)that addresses energy use by the Project which was prepared and approved after the EIR had originally been certified. The court of appeals ruled that the energy analysis had to be included in the EIR before the EIR was certified and the Project approved by the City Council. The Court of Appeals' decision sent the case back to the Mendocino County Superior Court to direct the City to set aside the certification of the EIR and the approval of the Costco Project before considering the energy analysis. To correct this procedural error, and in response to the writ of mandate issued by the Mendocino County Superior Court, the City Council 1) adopted a resolution setting aside the Costco Wholesale Project Environmental Impact Report, Addendum, and Site Development Permit; and 2) adopted an ordinance setting aside the amendment to the 1 Airport Industrial Park Land Use Map. Subsequently, staff recirculated the Energy Analysis for the required 45-day review period under State CEQA Guidelines Section 15088.5 (c) and (f). A total of four comment letters were received (Attachment 4). Under subsections (c) and (f), If, as the case here, the revision to the previously certified EIR is limited to a few chapters or portions of the EIR, the lead agency need only recirculate the chapters or portions that have been modified. The City is not required to consider or respond to comments on any portion of the EIR that has not been recirculated for public comment. The current proposed action by the Planning Commission is the next step in the process of reapproving the Costco project. Costco has indicated its desire to start construction this fall. Rezoning. Pursuant to Zoning Ordinance section 9265(A), map and text amendments, including amendments to planned developments, are allowed with the approval of a rezoning. Costco's rezoning application proposes an amendment to the Airport Industrial Park Planned Development (AIP PD) Land Use Map, which identifies the equivalent of different zoning districts within the AIP PD. The Costco Project proposes to rezone the land use designation of the Costco Project site from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial as summarized in Table 1.1. Table 1.1 Costco Project Site Specific Rezoning Land Use Areas AIP PD Existing Proposed Change Land Use Designation Retail Commercial 0 15.30 acres +15.30 acres Industrial/Auto Commercial 4.10 acres 0 -4.10 acres Light Manufacturing/Mixed Use 14.47 acres 3.27 acres -11.2 acres AIP PD Ordinance 1098 includes the zoning requirements for property located within the boundaries of the AIP PD. In addition to the AIP PD Land Use Map, the text of AIP PD Ordinance 1098 has been revised to reflect the changes in the amount and location of Retail Commercial, Industrial/Auto Commercial and Light Manufacturing/Mixed that would result from the proposed rezoning as summarized in the Table 1.2 below and in sections 1, 2, 4 (Retail Commercial, Industrial/Auto Commercial, and Light Manufacturing/Mixed Use), 5 and Land Use Map of the amended AIP PD Ordinance (see attachment 2). 2 Table 1.2 Airport Industrial Park PD Land Use Acreage AIP PD Land Use Designation Existing Proposed Change Retail Commercial 37 acres 52.33 acres + 15.3 acre (AIP PD Ordinance Page 1, section 3, #3) Industrial/Auto Commercial 8 acres 3.9 acres -4.1 acres (AIP PD Ord. Page 1, section 3, #5) Light Manufacturing/Mixed Use 46.5 acres 35.3 acres -11.2 acres (AIP PD Ord. Page 1, section 3, #6) Planning Commission is required to hold at least one public hearing on the proposed rezoning and make a recommendation to the City Council prior to City Council consideration of the rezoning (zoning ordinance section 9265(D)). ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) has been prepared for the proposed Project. The EIR analyzed the potential for the Project to result in significant impacts to Aesthetics, Air Quality, Urban Decay, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Public Services and Utilities, Transportation and Traffic, Global Climate Change, Biological Resources, Population and Housing, and Cultural Resources. Below is a summary of the level of impact identified for the environmental topics analyzed in the EIR: ■ Less than Significant: The EIR analysis concluded the Project's potential impacts related to Urban Decay, Land Use and Planning, Noise, Public Services and Utilities, and Population and Housing would be less than significant (LTS). No mitigation measures are needed for impacts identified as LTS. ■ Potentially Significant Impacts: The EIR analysis concluded the Project's potential impacts related to Aesthetics (light and glare), Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Biological Resources, and Cultural Resources would be potentially significant (PS). The EIR identified mitigation measures that would reduce these impacts to LTS (see FEIR Attachment 3 p. 4-4 Mitigation Monitoring and Reporting Program). ■ Significant and Unavoidable: The EIR analysis concluded the Project's potential impacts to Air Quality (operational emissions and cumulative operational emissions), Transportation and Traffic (level of service and queuing), and Global Climate Change (operational emissions exceed established threshold) would be significant and unavoidable (SU). The EIR identifies mitigation measures that would reduce the impacts identified; however, the mitigation measures would not reduce the impacts to LTS. Since the impacts could not be reduced to LTS with the mitigation measures, the impacts are considered to be significant and unavoidable. STATEMENT OF OVERRIDING CONSIDERATIONS 3 A project with significant and unavoidable impacts may be approved if the economic, legal, social, technological or other benefits of the proposed project outweigh the significant and unavoidable environmental effects of the project; in which case these environmental effects may be considered "acceptable." CEQA Guidelines section 15093 requires decision makers to balance the economic, social, technological, or other benefits of the proposed project against its unavoidable environmental impacts when deciding whether or not to approve a project with significant and unavoidable impacts. In order to approve a project that would result in significant and unavoidable environmental effects identified in the EIR that cannot be reduced to a less than significant level, the Lead Agency must state in writing the specific reasons to support the project approval based on a balancing of project benefits against impacts remaining significant as identified in the Final EIR and/or other information in the record. This is formally known as a "Statement of Overriding Considerations" and is made pursuant to CEQA Guidelines, Section 15093. The findings required for a Statement of Overriding Considerations are made in addition to the findings required by CEQA Guidelines section 15091. Before approving a project with significant and unavoidable environmental impacts, a Lead Agency is required to first certify the EIR and adopt a Statement of Overriding Considerations. If findings of overriding consideration are not adopted by the Lead Agency in those instances where unavoidable project-related environmental effects identified in the EIR would remain significant, the Lead Agency cannot approve the proposed project. Staff requests Planning Commission provide a recommendation of approval on the Statement of Overriding Considerations by identifying potential benefits of the Project. Should the Planning Commission be in a position to identify benefits of the Project that would outweigh the significant and unavoidable impacts identified in the EIR, staff will prepare the required findings for City Council consideration at the June 7, 2017 public hearing on the proposed Rezoning. Below is a list and description of the potential benefits of the Project identified by staff. ■ Fiscal Benefits. A fiscal impact analysis (FIA) was prepared for the Project (see attachment 4). The FIA identifies the potential fiscal benefits to the City of Ukiah general fund that would result from the Project. Based on the FIA, the Project is estimated to result in an increase to the City's general fund between $471,194 to $709,149. In addition, Measure S sales tax proceeds are estimated to range from $198,051 to $308,856. Combined, the Project is estimated to result in a net fiscal benefit to the City of$611,798 to $960,557. The FIA also identified fiscal benefits of the Project for Mendocino County and a variety of special districts. ■ Increased Area Employment: The Costco store would employ between 175 to 200 people, with most of the employees expected to be hired from the Ukiah area. The split between full-time and part-time employees would be 50-50. ■ Wages and Benefits: Information provided by the applicant provides a sampling of wages: Service Assistant $11.50 - $20.30 per hour; Service Clerk $12.00 - $22.00 per hour; and Meat Cutters $12.00 - $23.50 per hour. Costco also provides benefits, including medical, dental, vision, pharmacy, mental health, life insurance, disability, long- term care, employee assistance program, flexible spending accounts, employee stock 4 purchase program, 11 paid holidays, college student retention program, and 401(k). Part-time employees working more than 20 hours per week receive core medical, dental, and vacation benefits after 6 months and are guaranteed 24 hours of work per week. ■ Construction Employment: At least some of the companies working on the construction of the Project would be from the Ukiah area which would result in a temporary increase in construction employment in the area. Non-local construction employment would benefit the City through an increase in lodging, dining, and shopping by out of area construction employees. ■ Redirection of Vehicle Trips: The Ukiah Costco has the potential to redirect trips to the Ukiah store that are currently being made by local Costco members to the Costco stores in Santa Rosa and Rohnert Park. In 2012, Costco had 18,228 members with Ukiah addresses. These members made 201,803 trips to the Santa Rosa and Rohnert Park Costco stores in 2012. ■ City Objectives: The Project is also consistent with the City objectives identified in the DEIR (page 2-5), including: locating regional retail development within existing commercial areas of the City, enhancing the retail opportunities within the City, further developing Airport Industrial Park in accordance with the General Plan; encouraging urban design that enhances the U.S. 101 corridor; reducing vehicle trips to retail centers in Sonoma County to reduce regional air pollution and greenhouse gas emissions; encouraging development that generates revenue to pay for the City services received by the development; and increasing job opportunities in the City. Public Notice: Notice of this public hearing was provided in the following manner: ■ published in the Ukiah Daily Journal on May 14, 2017; ■ posted on the subject parcel on May 11, 2017; ■ mailed to all property owners within 300 feet of the subject parcel on May 11, 2017; ■ mailed to all tenants on parcels contiguous to the subject parcel on May 11, 2017; ■ mailed and/or emailed to all persons on the Costco Project interested parties list on May 11, 2017; and ■ posted on the City's website on May 10, 2017. Conclusion: Should the Planning Commission follow the staff recommendation, the City Council would hold a public hearing on June 7, 2017 to consider the certification of the EIR and rezoning. If the City Council certifies the EIR, adopts findings of overriding consideration, and adopts an ordinance rezoning the Costco site, Costco's application for a site development permit will be scheduled and heard by the Planning Commission. 5 ATTACHMENTS 1. Draft City Council CEQA Resolution for EIR and Statement of Overriding Considerations 2. Draft Airport Industrial Park Planned Development Ordinance (Land Use Map Amended) 3. FEIR Recirculated Energy Analysis. 4. Project Plans date stamped March 29, 2013 6 ATTACHMENT 1 RESOLUTION NO. [DRAFT] RESOLUTION OF THE CITY COUNCIL OF THE OF UKIAH (1) MAKING FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15090 IN CONNECTION WITH THE CERTIFICATION OF THE COSTCO WHOLESALE REVISED PROJECT ENVIRONMENTAL IMPACT REPORT AND (2) ADOPTING FINDINGS TO ADDRESS SIGNIFICANT ENVIRONMENTAL IMPACTS IN ACCORDANCE WITH PUBLIC RESOURCES CODE ("PRC") §21081 AND CEQA GUIDELINES § 15091 AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN ACCORDANCE WITH PRC §21081(b) AND CEQA GUIDELINES §15093. WHEREAS: 1. On June 21, 2016, the California Court of Appeal in Citizens for Safety First v. City of Ukiah et.al., Case No. A145581, held that under the California Environmental Quality Act (CEQA) the City could not use an Addendum to the environmental impact report(EIR)for the Costco Wholesale Project for a supplemental Energy Analysis after the EIR had been certified by the City Council. Except for this procedural error, the court of appeal found that the EIR fully complied with CEQA. Accordingly, it remanded the case to the Mendocino County Superior Court with instructions to issue a writ of mandate compelling the City to set aside its certification of the Costco EIR and its approval of the Costco Project and to circulate a draft Energy Analysis section in the revised EIR for public comment and consider the Energy Analysis before recertifying a FEIR for and approving the Costco Project; and 2. On September 23, 2016, the Mendocino County Superior Court issued a peremptory writ of mandate which directed the City to set aside its certification of the EIR by Resolution No. 2013-34, dated December 18, 2013 and its Findings and Statement of Overriding Considerations by Resolution 2013-35, dated December 18, 2013, its Findings of Fact for an adoption of the Addendum to the EIR by Resolution No. 2014-47, and its amendment to the land use designation for the Costco Project site from Industrial/Automotive Commercial to Retail Commercial, adopted on January 14, 2014; and 3. On November 16, 2016, in Resolution No. 2016-62, the City Council set aside the approvals described in Recital No. 2, above; and 4. On December 2, 2016, the City filed its return to the peremptory writ of mandate showing its compliance with its commands; and 5. On February 12, 2017, in order to solicit review and public comment, the City gave Notice of Recirculation to responsible agencies, organizations and interested parties of a revised portion of the Draft Environmental Impact Report for the Costco Project, consisting of Section 3.15 ("RPDEIR"), containing an energy analysis of the project in compliance with Appendix F of the CEQA Guidelines and California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173. Pursuant to 14 California Code of Regulations ("CCR") §15088, subsections (c) and (f) of the CEQA Guidelines, the City limited public comment to the RPDEIR; and 6. On March 27, 2017, the 45-day public comment period ended; and 1 7. The City has prepared a Final RPEIR for inclusion in the Final EIR ("FEIR") for the Costco Project, which includes the responses to comments on the RPEIR which were submitted during the 45-day public comment period. The final RPEIR supplements the Final EIR approved by Resolution No. 2013-34, which resolution is attached hereto as Exhibit A and incorporated herein by this reference; and 8. By this Resolution, the City Council (1) makes findings in support of its decision and certifies the Final EIR for the Costco Project, including a mitigation monitoring and reporting program for the Costco Wholesale Project, which is comprised of: (a) the Draft EIR, dated January 2013; (b) the Final EIR, dated November 2013 as approved by the City Council on December 18, 2013 ("2013 EIR"), through the adoption of Exhibit A (Resolution No. 2013-34),; (c) the RPDEIR, dated February 2017, and the Final RPEIR, dated April 2017 which is adopted by this Resolution and (2) readopts the Findings Pursuant to Public Resources Code ("PRC") Section 21081 and CEQA Guidelines Section 15091 and a Statement of Overriding Considerations as set forth in Resolution No. 2013-35, attached hereto as Exhibit B, and incorporated herein, as required by PRC Section 21081(b) and CEQA Guidelines Section 15093; and 9. Based on the certification of the FEIR for the Costco Project and the findings herein, the Planning Commission has recommended and the City Council has determined to introduce and adopt an ordinance re-designating the Costco Site with a Retail Commercial land use classification; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. The EIR for the Costco Project was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. The revised EIR with the Energy Analysis was considered by the Planning Commission at a public meeting on May 24, 2017 and the Planning Commission voted X-X to recommend that the City Council certify the revised FEIR for the Costco Project, which was considered by the City Council at a public meeting on June 7, 2017. 3. The City Council has considered all documents submitted during the public comment period for the revised EIR with the Energy Analysis and all testimony presented during its meetings as well as the revised FEIR, the Staff Reports, dated February 13, 2017 to March 29, 2017, the Costco Warehouse and Fueling Station project files, and the minutes or recording of the May 24, 2017 Planning Commission meeting. The Staff Reports are incorporated herein by reference. The City Council has independently reviewed and analyzed this resolution and the revised FEIR for the Costco Project and they accurately reflect the Council's independent judgment and analysis. 4. The findings in Exhibit A (Resolution No. 2013-34) are incorporated herein by reference as though set forth in full. 5. The findings in Exhibit B (Resolution No. 2013-35) are incorporated herein by reference as though set forth in full. 2 6. The Statement of Overriding Considerations as set forth in Exhibit B are incorporated herein by reference as though set forth in full. 7. Based on the Energy Analysis in Section 3.15.4 of the revised FEIR and the mitigations described in Section 3.15.5, the Costco Project will not have a significant adverse environmental impact relating to energy use. The Project would have a significant adverse impact on the environment from its use of energy, if the energy use by the Project would (1) result in wasteful, inefficient, or unnecessary consumption of energy, (2) conflict with existing energy standards and regulations, or(3) adversely affect local and regional energy resources or require additional capacity. 8. The City Council finds that energy use by the Costco Project will not have any of the significant adverse environmental impacts described in No. 7, above. 9. The Costco Project will not result in the inefficient, unnecessary, or wasteful consumption of energy per Public Resources Code Section 21100b(3): a. Energy Use During Construction: i. Construction Energy Use 1. Approximately 9600 cubic yards of fill is required to allow gravity flow for water and sewer service to the Project. This will avoid the use of pumping or installing lines deeply below the surface grade, which will save energy use by the project. 2. The building system uses pre-engineered, metal components. The metal building system contains 80% recycled content and is itself 100% recyclable. This results in the consumption of less fossil fuels during transportation, as compared to conventional masonry, due to the need for less material for the project. 3. Locally extracted and manufactured building materials will be utilized where feasible. Pre-manufactured building components, including structural framing and metal panels, are designed to minimize waste during construction. 4. It is estimated that during the finishing phase of construction, electricity used by power tools and work lighting will be relatively minor compared to normal building operations. When not in use, electric equipment would be powered off so as to avoid unnecessary energy consumption. Natural gas would not be used during construction. ii. Transportation Energy Use During Construction 1. Transportation energy use during construction, including all off-road construction equipment, hauling, vendor, and worker trips over a 300-working day construction period, is estimated to require 97,455 3 gallons of diesel fuel and 34,815 gallons of gasoline. 2. The building design incorporates energy efficient construction features, resulting in fewer truck trips compared to a similar project using standard masonry construction. 3. Transportation related energy use during construction would not result in the wasteful, inefficient, and unnecessary consumption of energy. b. Operational Energy Use: Site and Structures i. The Project building and site design contain the following energy conserving features that the City Council finds will avoid inefficient, unnecessary, or wasteful consumption of energy: 1. Parking lot light standards are designed to provide even light distribution and use 20% less energy compared to a greater number of fixtures at lower heights. 2. Pre-manufactured building components, including structural framing and metal panels, are designed to minimize waste during construction. Pre-manufactured metal wall panels with insulation are designed to conserve energy by increasing R-value and solar reflectivity. Building heat absorption is reduced by a decrease in the thermal mass of the metal wall when compared to a typical masonry block wall. 3. Reflective roof material will meet the requirements for the USEPA's Energy Star energy efficiency program. Reflective roofs produce lower heat absorption and thereby lower energy usage during the summer months. 4. Triple glazed skylights are used on the roof to reduce the need for interior lighting. A"daylight harvesting" system monitors and adjusts the mechanical and lighting systems in order to conserve energy. The system includes the skylights, light monitors, energy efficient lighting fixtures, and associated control systems. On a typical sunny day, fewer than one third of the interior lights are needed. 5. Tree plantings are planned to reduce summer heat gain within the parking field. 6. Proposed planting incorporates a substantial amount of drought tolerant species. 4 7. The proposed irrigation system incorporates the use of deep root watering bubblers for parking lot shade trees to minimize water usage and ensure that water goes directly to the intended planting areas. ii. Ongoing Energy and Water Use: a. The Project's energy performance would be 12% more efficient than the Title 24 performance standards. b. Project includes high efficiency restroom water fixtures, which result in a water savings of 40% beyond the building standard. c. The Project incorporates drought resistant landscaping and water-efficient irrigation reduced demand for water. c. Operational Energy Use: Transportation i. Mitigation Measures addressed in the FEIR sections 3.2.2b, 3.10.2a, 3.10.2b, and 3.10.2c. result in an estimated 8.97% savings in transportation energy, which does not include the likely energy savings from current Costco customers in the market area of the Project not driving to the Costco store in Sonoma County. 10. The Project will not conflict with energy standards and regulations. a. The proposed warehouse building will not exceed applicable state standards, because it will be 12% more efficient than the Title 24 performance standards. 11. The Project will not have an adverse impact on local and regional energy resources and will not require additional energy production capacity. a. The City of Ukiah has adequate capacity to serve the project from existing distribution facilities. b. The City of Ukiah derives 49% of its electrical energy from renewable energy sources such as small hydroelectric energy and geothermal energy. It derives another 25% of its electrical energy from large hydroelectric generating facilities. c. Onsite renewable energy could come from solar energy panels. The project includes pre-wiring and an engineered roof to accommodate solar panels, which Costco will evaluate after the warehouse store is in operation based on cost of the solar system, tax incentives, the quantity of solar energy producible, and the cost of energy from Ukiah's Electric Utility. Adopted on June 7, 2017, by the following roll call vote: AYES: 5 NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 6 ATTACHMENT 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (AIP) Planned Development Ordinance is to change the Land Use Designation on: 1) approximately +/- 4.1 acres currently designated Industrial/Automotive Commercial to Retail Commercial; and 2) on approximately +/-11.2 acres of Light Manufacturing/Mixed Use to Retail Commercial in order to allow the development of the Costco Warehouse and Fueling Station Project. Section Two The change in the land use designations will increase the amount of land designated Retail Commercial by +/-15.33 acres and will decrease the amount of land designated Industrial/Auto Commercial by 4.1 acres and decrease the amount of land designated Light Industrial/Mixed Use 11.2 by acres respectively. Section Three The overall purpose of the Airport Industrial Park Planned Development is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulate nuisances, and provide development standards and design guidelines. The AIP Planned Development is consistent with the "Master Plan" land use designation for the property contained in the Ukiah General Plan. Section Four This ordinance also formally amends the Land Use Map that illustrates which land use 1 designations are assigned to the various properties throughout the Airport Industrial Park. The map shows the approximate +/-15.33 acres east of Airport Park Boulevard in the southern portion of the Park being redesignated from "Industrial/Automotive Commercial" and "Light Industrial/Mixed Use" to "Retail Commercial." The land use designations apply to the 138-acre Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northwest portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 12.6 acres). 2. Hiqhway Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 3. Retail Commercial: Applies to 13.44 acres north of Commerce Drive, and approximately 38.71 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east. (approximately 52.3 acres). 4. Industrial: Applies to the property situated at the southern end of the Airport Industrial Park (approximately 18.3 acres). 5. Industrial/Automotive Commercial: Applies to approximately 3.9 acres east of Airport Park Boulevard between Retail Commercial designated lands located on the north and south ends of the Airport Industrial Park Planned Development. These approximately 3.9 acres include APNs 110-080-56, 110-080-60, and 110- 080-61. 6. Liqht Manufacturinq/Mixed-Use: Applies to the lands west of Airport Park Boulevard south of Commerce Drive. Includes the (2) acres adjacent to and north of the existing Mendocino Brewing Company parcel, and the approximate 2 one (1) acre west of and adjacent to the existing pond. It also includes the approximate 3.27 acres east of Airport Park Boulevard south of the Retail Commercial designated lands and north of the existing pond (approximately 35.3 acres). 7. Roads and landscapinq: Approximately 14.2 acres. 8. Total Acreaqe AIP: Approximately 138 acres. Section Five The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4 which expanded the locations where commercial uses were allowed to include the area south of Commerce Drive between US 101 and Airport Park Boulevard. In 1993, the City Council adopted a revised Ordinance (929) to allow "General Commercial" in addition to the approved "Highway Oriented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Drive on the south, and Airport Park Boulevard on the west. This Ordinance also created the Planned Development Ordinance out of what was previously a Use Permit. On May 1, 1996, the City Council adopted Ordinance 963, which amended the AIP Planned Development to make it a more organized and useable set of regulations. In 1996, Ordinance 964 was adopted to make the following changes to the land use designations: Industrial/Commercial to Retail Commercial; Office/Commercial to Professional Office; and Highway Oriented Commercial/General Commercial to Highway Oriented Commercial. This amendment increased the amount of land that allowed commercial uses and correspondingly decreased the amount of land designated for industrial uses. In October 1996, Ordinance 979 further amended the AIP PD to add the Industrial/Automotive 3 Commercial land use designation. In 1997, Ordinance 991 further amended the AIP PD to add the Industrial/Automotive Commercial land use designation. Ordinance 991 changed the land use designation on 16 acres of land from Industrial to Industrial/Automotive Commercial. On April 2, 1997, the Planned Development Ordinance was amended to include drive-thru restaurants as a permitted use on the lands designated as Highway Commercial. In 1999, Ordinance 1024 amended the land use designations to change 32 acres south of Hastings Avenue and west of Airport Park Boulevard from Industrial to Industrial Mixed-Use. In 2000, Ordinance 1030 expanded the uses allowed in the Professional Office Land Use Designation to include list hotels and sit-down restaurants. In 2004, Ordinance 1051 changed the "Industrial Mixed Use" designation to "Light Manufacturing Mixed Use," and established new standards for commercial, professional office, light manufacturing, and low density residential land uses in the Light Manufacturing/Mixed-Use area that are separate from those contained in Section "G" of this Ordinance. On August 1, 2007, the Ordinance was amended by Ordinance 1098 to change the Land Use Designation on approximately 8 acres currently designated Industrial/Automotive Commercial to Light Manufacturing/Mixed Use, and to change the Land Use Designation on approximately 6.5 acres currently designated Industrial to Light Manufacturing/Mixed Use. Section Six Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, low density residential, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan Master Plan land use designation. 4 Section Seven The Development Map (Generalized Land Use Map) for this Planned Development, as well as the design guidelines and development standards constitute the Concept Development Plan, as required by Article 14, Chapter 2 (Zoning) of the Ukiah Municipal Code. The Development Map (Generalized Land Use Map) attached as Exhibit "A", is approved. The Traffic Circulation Plan for this Planned Development is discussed in Section "I" on page 24, and the Circulation Map, attached as Exhibit "B", is approved. Section Eiqht Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. Section Nine Amendment to this ordinance requires City Council action. All Major Variance, Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor permits are subject to the review and action by the City Zoning Administrator. Decisions on Major and Minor Variance, Site Development and Use Permits made by the City Planning Commission or Zoning Administrator are appealable to the City Council pursuant to section 9266 of the Ukiah Municipal Code. Section Ten Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Eleven This version of the Airport Industrial Park (AIP) Planned Development supersedes all past versions, and shall govern and regulate the growth and development within the AIP. Section Twelve 5 The regulations for this Planned Development, as required in Article 14, Chapter 2 (Zoning), of the Ukiah Municipal Code are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or non-retail business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. c. Wholesaling and Related Uses - includes establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers. d. Contractor's Offices - includes business office for building, plumbing, 6 electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. e. Agricultural - allowed as a continuation of the existing land use, including all necessary structures and appurtenances. f. Research and Development Laboratories, and computer and data processing. g. Accessory Uses and Structures - activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. 2. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size, and do not exceed 20 percent of the total land dedicated to the Industrial Land Use Designation: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. 7 e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire stations, and government offices. g. Repair Services - includes repair services such as radio and television, furniture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.V., and microwave stations. B. PROFESSIONAL OFFICE DESIGNATION 1. Purpose The purpose of the Professional Office Land Use Designation is to provide opportunity for a variety of business and professional offices, as well as a limited number of highway commercial land uses. Land uses such as child care facilities, delicatessens, and small retail stores and shops are intended to be ancillary components to professional office development projects, and the limited highway commercial land uses. 2. General Requirements a. Child care facilities, delicatessens, and small commercial retail stores and shops shall not exceed 20 percent of the total 8 developable square footage of any one parcel. The resulting square footage that comprises this 20 percent shall only be developed with individual store/shop spaces that do not exceed 2,000 square feet in size. 3. Allowed Uses The following uses are allowed in the Professional Office designation with the securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office support services - includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. d. Retail commercial in the built-out northwest portion of this area outside the boundaries of the Redwood Business Park. e. Hotels and sit-down restaurants (no drive-thru restaurants). 4. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen and sandwich shop. b. Small grocery or convenience store. 9 c. Small retail commercial stores and shops of 2,000 square feet or less, and in combination not exceeding 20 percent of the total developable square footage on a parcel. C. HIGHWAY COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down and drive-thru restaurants, service stations, and other similar uses that provide services and merchandise primarily to highway travelers. b. Retail commercial stores. D. RETAIL COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. c. Delicatessen, sandwich shop, and ice cream parlor. 2. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Restaurants (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. 10 E. INDUSTRIAL/AUTOMOTIVE COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Site Development Permit: a. All the allowed industrial uses listed in Item A (1) above. b. Automobile dealerships, except for those that exclusively sell used vehicles. 2. Permitted Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Use Permit: a. All the permitted industrial land uses listed in Item A (2) above. b. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). c. Automotive service (gas) station. d. Small grocery store, mini-market, or convenience store. e. Uses related to automobile dealerships such as tire stores, auto parts stores, car-washing facilities, automobile repair business, etc. F. LIGHT MANUFACTURING/MIXED-USE DESIGNATION 1. Purpose and Intent The purpose of the Light Manufacturing / Mixed-Use land use designation is to provide for a compatible mix of light manufacturing activities, commercial land uses, professional offices, and limited low-density residential uses. The intent is to provide an opportunity for a diversity of land uses to locate near each other that would typically be viewed as incompatible, but because of creative site 11 planning and design, they can function in harmony without adversely impacting one another. For example, the Ordinance permits "live-work" land uses where small dwelling units can be incorporated into low intensity light manufacturing or warehousing operations. There is also opportunity for low-density apartments to be situated above commercial shops and professional offices. The purpose of the Light Manufacturing / Mixed-Use designation is also to promote Smart Growth and New Urbanism planning techniques. The Ordinance contains design standards that will lead to the development of office, light manufacturing, commercial, and residential uses in a pedestrian oriented, aesthetically pleasing, mixed-use neighborhood. The Ordinance requires light manufacturing land uses, if proposed, to be situated along the railroad tracks on the rear of the parcels, and to develop other land uses along the front of the parcels on Airport Park Boulevard, except for the parcels east of Airport Park Boulevard where light manufacturing land uses can occur anywhere on the parcels with the required yard setbacks. The majority of parking facilities are required to be situated in-between the light manufacturing and commercial land uses in the middle of the parcels, rather than along the Airport Park Boulevard frontage. The land uses along Airport Park Boulevard are held to a higher design and site planning standard than the light manufacturing land uses, because it is situated in the more visible location, and because light manufacturing land uses are highly desired and a lesser design standard provides an inherent incentive. 12 It is possible to develop full light manufacturing, office, or commercial land uses on a parcel, provided they are laid out and designed to be compatible with surrounding land uses. Professional office and commercial land uses, if proposed as stand along developments must adhere to a high site planning and design standard. The regulations are intended to create a compatible mix of land uses with ample landscaping and strategic open areas, pedestrian walkways, and attractive architecture in an inviting scale, with hidden parking and practical functionality. 2. General Requirements a. Light manufacturing and warehousing land uses should be located along the railroad tracks on the western portion of the current parcels or anywhere on the designated parcels east of Airport Park Boulevard with the required yard setbacks. Light manufacturing and warehousing can be situated along Airport Park Boulevard if it conforms to the site planning and design standards for commercial development. b. The majority of parking spaces for mixed-use development shall be located in- between the light manufacturing/warehousing land uses and the land uses along Airport Park Boulevard. Every attempt shall be made to create parking that cannot be seen from public streets. c. Shared access is strongly encouraged between land uses on the same and adjacent parcels to reduce encroachments onto Airport Park Boulevard. d. Street trees and a meandering sidewalk are required along Airport Park Boulevard. e. The architectural facades for buildings situated along and facing Airport Park Boulevard shall be consistent with Section 5(f) of this Subsection, and shall be designed to soften height, bulk, and mass. 13 f. The orientation, height, and design of buildings, as well as the theme for property development shall be based on creating compatibility between land uses. g. There is opportunity for low density residential land uses such as apartment units above offices or commercial spaces, but densities are limited west of Airport Park Boulevard because of airport constraints to a total of 60 people per acre on a given parcel. 3. Permitted Land Uses a. Notwithstanding Subsection "K", all light manufacturing, commercial, professional office, low density residential, and mixed-use projects require the securing of a Use Permit from the City Planning Commission. The Use Permit process shall include an analysis of site planning and architecture, pursuant to Section 9262 of the Ukiah Municipal Code. 4. Required Findinqs a. Prior to approving a Use Permit for a project situated on land in the Mixed-Use designation, the Planning Commission and/or the City Council shall make the following findings: 1. The proposed land use is consistent with the goals and policies of the Ukiah General Plan, the provisions of the Airport Industrial Park Planned Development Ordinance, the Ukiah Municipal Code, and the Ukiah Airport Master Plan. 2. The proposed land use is compatible with surrounding land uses and will not be detrimental to the public's health, safety and general welfare. 3. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) to avoid monotony and/or a box-like uninteresting external appearance. 14 4. For all land uses other than light manufacturing, there is uniqueness and an exemplary approach to the site planning, design, and architecture, consistent with the Site Planning and Design Standards contained herein, that results in a quality and sophisticated development. 5. The Findings shall not be vague. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. 5. Site Planninq and Desiqn Standards - Commercial Development The following site planning and design standards are specifically adopted for the Light Manufacturing/Mixed-Use Land Use Designation. They shall apply to all commercial, professional office, low-density residential, and mixed-use development projects not involving light manufacturing/ warehousing unless it is situated along the Airport Park Boulevard street frontage. The Development Standards contained in Section "G" and the Design Standards in Section "I" of this Ordinance shall apply to the Light Manufacturing/Mixed Use designation unless superseded by the following specific standards: a. Yard Setbacks: 1. Front: 25 feet from the Airport Park Boulevard right-of-way. Architectural features, such as bay windows, porches and landing spaces, column treatments, and similar features may extend up to two- feet into the required front yard setback. 2. Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited to Building Code requirements, traffic 15 circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with adjacent structures and land uses. 3. Relief: Relief from the front yard setback requirements may be granted through the approval of a variance, pursuant to Chapter 2, Article 20 of the Ukiah Municipal Code. b. Maximum Building Height: 1. The maximum height of any building or structure shall be 40 feet, provided it complies with the side-slope criteria for the Ukiah Airport. 2. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. 3. Relief: Relief from the height standards may be granted through the discretionary review process if a finding is made that the proposed height is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. c. Minimum Lot Area: 1. The minimum lot area for parcels in the mixed-use area shall be determined through the subdivision and/or discretionary review process. In no case shall lots be created that are less than 20,000 square feet in size. d. Maximum Lot Coverage: 1. Commercial and mixed land uses may cover up to 40 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AIP Planned Development 16 Ordinance. 2. Relief: Relief from the lot coverage standard may be granted through the discretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. e. Building Orientation: 1. Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. 2. Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, and functionality. f. Architectural Design: 1. Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. 2. Architectural features such as arches, raised and decorative parapets, decorated and flared cornices, extended eaves and overhangs, balconies, entry insets, and a variety of roof angles and pitches are required to make buildings unique and interesting. 3. Windows shall be used to break up the mass and volume of buildings into smaller components. Buildings shall use different shaped and framed windows in a coordinated theme. Awnings and other attractive window treatments are strongly encouraged. 4. All four elevations of buildings shall incorporate the architectural design 17 requirements listed above in a reasonable and feasible manner. 5. The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature. Colors of buildings shall be compatible with adjoining buildings. 6. Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. g. Signs 1. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. 2. Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed twelve feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have the discretion to limit its height to less than twelve feet from finished grade. 18 No pole signs are permitted. Freestanding signs shall have a decorative support base. 3. The size and amount of signs shall generally comply with the requirements of the Ukiah Municipal Code (UMC). The Planning Commission shall have the discretion to reduce the size and amount of signs to something less than permitted by the U.M.C. if they make a finding that the proposed size and amount of signage is out of scale with the building and too dominating on the site. 4. Signs are not permitted on the roof or projecting above the roof of any building. 5. Relief: Relief from the sign standards may be granted through the discretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. h. Pedestrian Orientation 1. Pedestrian walkways shall be included that directly and safely link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. 2. Outdoor pedestrian spaces shall be landscaped and include such features as planters along sidewalks, pedestrian oriented signs, attractive street furniture, low-level lighting, and outdoor seating areas. 3. Lots with frontages along the primary street shall provide a 5-foot wide meandering sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort 19 shall be made to link developments with attractive and accessible pedestrian facilities. 4. Secondary streets accessing the rear portion of parcels shall include 5- foot wide sidewalks or alternative pedestrian facilities that link the development on the rear portion of the parcels with Airport Park Boulevard. i. Lighting 1. Exterior lighting shall be subdued and of low wattage. It shall enhance building design and landscaping, as well as provide safety and security. 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. 3. Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be prohibited. 4. Lighting fixtures, standards, and all exposed accessories shall be harmonious with building design, and innovative in style. 5. All pedestrian and building access areas shall be adequately lighted to provide safety, security, and aesthetic quality, without violating number 2 above. j. Energy Conservation 1. Passive solar orientation is required. Active solar design is strongly encouraged. 2. Deciduous trees and/or other vegetation shall be planted on the south side of buildings whenever feasible to increase energy efficiency. 20 3. Sunlight shall be used for direct heating and illumination whenever possible. 4. Solar heating equipment need not be screened, but shall be as unobtrusive as possible and complement the building design. Every effort shall be made to integrate solar panels into the roof design, flush with the roof slope. k. Outdoor Storage and Service Areas 1. Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. 3. If trash and recycling areas are required in the discretionary review process, they shall be designed to harmonize with the building and landscaping, and shall be consistent with the size and design requirements of the Ukiah Municipal Code. I. Landscaping 1. Landscaping shall comply with Section "I" of this Ordinance. 2. Landscaping Plans shall include outdoor shaded sitting/resting areas for employees and the general public, unless infeasible. m. Ukiah Airport Master Plan 1. All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements (AB1" Compatibility Zone = 60 persons per acre / AC= Compatibility Zone = 150 people per acre) and all other applicable provisions of the 21 Ukiah Airport Master Plan. n. Public Utility Easements, Public Streets, and Access Driveways 1. All Public Utility Easements, Public Streets, and Access Driveways shall comply with Section "H" of this Ordinance. 6. Site Planninq and Desiqn Standards for Liqht Manufacturinq and Industrial Development The Site Planning and Design Standards for Light Manufacturing and Industrial development are less demanding than those for commercial, professional office and mixed-use development. The lesser design standards are meant to encourage and promote light manufacturing and industrial development, particularly along the western portion of the parcels. The Following Site Planning and Design Standards shall apply to all Light Manufacturing and Industrial Development: a. Yard Setbacks: 1. Front: 25 feet from the Airport Park Boulevard right-of-way if located along the frontage. If the development does not have frontage along Airport Park Boulevard, and is served by a private access easement, the front yard setback shall be determined in the discretionary review process. Architectural features, such as bay windows, porches and landing spaces, column treatments, and similar features may extend up to two-feet into the required front yard setback. 2. Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited, to Building Code requirements, traffic circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with adjacent structures and land uses. 22 3. Relief: Relief from the front yard setback requirements may be granted through the approval of a variance. b. Maximum Building Height: 1. The maximum height of any building or structure shall be 50 feet, provided it complies with the side-slope criteria for the Ukiah Airport. 2. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. 3. Relief: Relief from the height standards may be granted through the discretionary review process if a finding is made that the proposed height is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. c. Minimum Lot Area: 1. The minimum lot area for light manufacturing and industrial development parcels in the mixed-use area shall be determined through the subdivision and/or discretionary review process. In no case shall lots be created that are less than 20,000 square feet in size. d. Maximum Lot Coverage: 1. Light manufacturing and industrial land uses may cover up to 60 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AIP Planned Development Ordinance. 2. Relief: Relief from the lot coverage standard may be granted through the discretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the 23 health and safety of the general public. e. Building Orientation: 1. Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. 2. Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, and functionality. f. Architectural Design: 1. Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. 2. The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature. Colors of buildings shall be compatible with adjoining buildings. g. Signs 1. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. 2. Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed eight feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have the discretion to limit its height to less than eight feet from finished grade. No pole signs are permitted. 3. The size and amount of signs shall comply with the requirements of the Ukiah Municipal Code (UMC). The Planning Commission shall have the discretion to reduce the size and amount of signs to something less than permitted by 24 the U.M.C. if they make a finding that the proposed size and amount of signage is out of scale with the building and too dominating on the site. 4. Signs are not permitted on the roof of any building. 5. Relief: Relief from the sign standards may be granted through the discretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. i. Lighting 1. Exterior lighting shall be subdued. It shall enhance building design and landscaping, as well as provide safety and security. 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. 3. Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be prohibited. k. Outdoor Storage and Service Areas 1. Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. I. Landscaping 1. Landscaping shall generally comply with Section "I" of this Ordinance, although a lesser amount of landscaping may be approved depending upon 25 the scale, intensity, and visibility of the development. m. Ukiah Airport Master Plan 1. All development within the Airport Industrial Park shall comply with the Ukiah Municipal Airport Master Plan. n. Pedestrian Orientation 1. Pedestrian walkways shall be included that directly link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. 2. Lots with frontages along the primary streets shall provide a 5-foot wide meandering sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. 3. Secondary streets accessing the rear portion of parcels shall include 5-foot wide sidewalks or alternative pedestrian facilities that link the development on the rear portion of the parcels with Airport Park Boulevard. G. NUISANCES 1. No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. 26 b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by standards prescribed in the Ukiah Municipal Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. e. Any use producing emissions shall comply with all the requirements of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and all local Laws and regulations. 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar"heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. 27 H. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. 1. Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. 2. Maximum Lot Coveraqe No more than 40 percent of the lot shall be covered by buildings or structures. Above ground parking lots and landscaping areas shall not be included in the calculation of lot coverage. Industrial land uses may cover a maximum of 60 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AIP Planned Development Ordinance. 3. Minimum Buildinq Setbacks All buildings and structures shall be setback from the property line a minimum of 28 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a minimum setback of 60 feet from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development or Use Permit review process. 4. Maximum Buildinq Heiqht The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. 5. Ukiah Airport Master Plan All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements (AB1" Compatibility Zone = 60 persons per acre / AC= Compatibility Zone = 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. 6. Screeninq Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. 29 7. Public Utilitv Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. 8. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvilinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. 9. Bicvcle Lanes Class III Bicycle lanes shall be provided on all primary streets according to CalTrans standards. 10. Development Inteqration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. 11. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and Site Development and Use Permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. 12. Street Width Standards The following street standards have been established by the Ukiah Department 30 of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement 1. Right-of-way 66 feet 44 feet 32 feet 2. Pavement 64 feet 40 feet 30 feet a. travel lanes (2) 14 feet 20 feet 15 feet b. left turn lane 12 feet 12 feet 3. Curbs (both sides) 1 foot 1 foot 4. Cul-de-sac (turn-arounds) 100 feet diameter 5. Curb Returns Radius 35 feet 35 feet 13. Access Driveways and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for the parcel or parcels located at the southeast corner of Talmage Road and Airport Park Boulevard. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. 31 14. Minimum Parkinq and Loadinq Requirements a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the approved use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a Mixed-use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 15. Siqnaqe Except as indicated elsewhere in this Ordinance, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land 32 uses contained in the Ukiah Municipal Code. All proposed development projects shall include a detailed sign program. I. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscapinq and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. a. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be proportional to the building elevations. g. Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native species are strongly encouraged. h. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in three years. I. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. j. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear 33 planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50 percent over all paved areas within ten years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. k. Parking lots shall have a perimeter planting strip with both trees and shrubs. I. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. m. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. n. All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless because of the small size of a parcel, such coverage would be unreasonable. A minimum of 50 percent (50%) of the landscaped area shall be dedicated to live plantings. o. Landscaping Plans shall include an automatic irrigation system. p. All required landscaping for commercial development projects shall be adequately maintained in a viable condition. q. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a 34 Landscaping Plan depending upon the size, scale, intensity, and location of the development project. 2. Orientation and Location of Buildinqs a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. 3. Architectural Desiqn a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. 35 4. Buildinq Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. 5. Liqhtinq a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. All lighting plans shall emphasize security and safety, and shall minimize energy usage. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, adjacent properties, or upwards towards the sky. 6. Desiqn Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. J. CIRCULATION PLAN The Circulation Plan for the Airport Industrial Park is illustrated on the attached Exhibit "B". As shown, the plan includes points of access at Talmage Road at the north, Hastings Avenue at the northwest, and Airport Road at the southwest. In lieu of the originally envisioned southern access road (Airport Park Boulevard to Norgard Lane) an emergency access is provided through the airport to a future gated encroachment along the southern portion of Airport Road. Internal access includes an extension of Airport Road from the west into the southern portion of the site; Airport Park Boulevard from Talmage Road on the north, extending south to intersect with the Airport Road extension; and Commerce Drive from west to east in the northern portion of the AIP. All streets within the AIP shall be public. Property owners of parcels with frontage along the railroad right-of-way are encouraged to plan for possible future use of the railroad. K. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (AIP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development Permit or Use Permit is required for development projects proposed in the AIP. 1. Site Development Permits and Use Permits a. As articulated in Section 9 above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. b. All Major Use Permits, Variances, and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor Use Permits, Variances, and Site Development Permits shall be subject to Zoning Administrator review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission and Zoning Administrator are appealable to the City Council pursuant to Section 9266 of the Ukiah Municipal Code. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Planning Commission's decision on major modifications to an approved Site Development Permit, Variance or Use Permit is appealable to the City Council. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit, Variance or Use Permit is appealable directly to the City Council. 2. Buildinq Modifications a. Exterior modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be required for all substantial exterior modifications to existing structures, site design elements, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in Article 20 the Ukiah Municipal Code. Section Thirteen Whenever a use is not listed in this Planned Development Ordinance as a permitted or allowed use in any of the land use designations, the Planning Director shall determine whether the use is appropriate in the land use designation where the subject property is situated, and make a decision as to whether or not it is an allowed or permitted land use. In making this determination, the Planning Director shall find as follows: 1. That the use would not be incompatible with existing nearby land uses, or the allowed and permitted land uses listed for the particular land use designation. 2. That the use would not be detrimental to the continuing development of the area in which the use would be located. 3. That the use would be in harmony and consistent with the purpose and intent of the Airport Industrial Park Planned Development Ordinance and Ukiah General Plan. 4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted in any land use designation within the Airport Industrial Park shall be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director's actions are final for the City of Ukiah. Section Fourteen This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on May XX, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kristine Lawler, City Clerk Jim O. Brown, Mayor ��c�ik�i# A �4ir��rt Ir����tri�l P�rk Lan� #��e Desi�r��#i�n M�� �i� — — � � �4�� � SIKfI�I 9 R8i � �� � I �__ --� � � � �� ����� r _ � I � I y � ~r - I — � - �� li � I . .�ti� n � � L rl - � � . r � � � � ❑ —� `�� I I � I _ � I ���n� � _ � _ ProFdueronul � } � -- �'Fdioe � +il�hway � � r _ �OI11rA$YC�Ir1 �~~ J I i _ RMaiL �an7ner[7al x+ � � _ Indwrlfarl _ � Indu��l � �4u6n CammarSF� ' i� LlgFrtMan+ufacluAng J�, �� Alkmn d�o i I � �� f 0 aP]' 9J4 i2w S�PLE 1"-90� ���'�`IF�H AiRP[3RT IWO�g7��p,y�p� CI'fEGlRA Tf01f��,q�y � ullyp[H4Ap��� . '� � "•'��� � � � � . � m ! � ' � � .� � . 85ilMlnc�oane �� � � k 1� � � �� �� „�a�r�aFO � � +,� � ;m `� � y� � lJIRqNl�ANI(�I.Yp ��I � � � ` y� � �4� 1WlR7Ea{Y YfHCLS - iceps�n�uuarqrrt � � ��� �� 0 F I NAL Costco Wholesale Project Recirculated Partial Environmental Impact Report SCH # 2011112025 Prepared for: City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Prepared by: DUDEK I 102 R Street Sacramento, California 9581 I Contact: Brian Grattidge APRIL 2017 Printed on 30% post-consumer recycled material. TABLE OF CONTENTS Chapter Paqe No. 1 EXECUTIVE SUMMARY...........................................................................................1-1 2 INTRODUCTION..........................................................................................................2-1 3 COMMENTS AND RESPONSES ...............................................................................3-1 4 MITIGATION MONITORING AND REPORTING PROGRAM..........................4-1 Costco Wholesale Project Final RPEIR 10007 April 2017 TOC-i TOC—TABLE OF CONTENTS 1NTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 TOC-ii CHAPTER 1 EXECUTIVE SUMMARY 1.1 INTRODUCTION The Costco Wholesale Project (Project) is a proposed Costco Wholesale Warehouse within the City of Ukiah (City). The City, as the lead agency under the California Environmental Quality Act (CEQA), determined that an Environmental Impact Report (EIR) should be prepared. The Notice of Preparation was released on November 7, 201 L The Draft EIR (State Clearinghouse #2011112025) was released on January 30, 2013, for a public review period of 45 days. The City Council of Ukiah certified the Final EIR on December 18, 2013. Following certification of the EIR, the City approved the necessary entitlements for the Project, including rezoning of the Project Site and a Site Development Permit. The City Council then introduced the first reading of Ordinance 1146, rezoning the Project Site to Retail Commercial. On January 15, 2014, the Ordinance was approved by the City Council. The City of Ukiah Planning Commission approved the Site Development Permit on January 22, 2014. The City Council heard an appeal of the Planning Commission's action on March 5, 2014, and upheld the approval of the Site Development Permit. On June 21, 2016, the Court of Appeals ruled that the Final EIR did not adequately address the potential energy impacts of the project (Ukiah Citizens for Safety First v. City of Ukiah (2016) 248 Ca1.App.4th 256). The City Council of Ukiah subsequently set aside the Final EIR on November 16, 2016, and directed that the EIR be revised and recirculated to address the Court of Appeal ruling. The Recirculated Partial Draft EIR (RPDEIR) was prepared in response to this decision. The RPDEIR did not revise the EIR in any respect other than the Energy Section (section 3.15) as directed by the Court of Appeal Decision, as the Court of Appeal Decision upheld all other aspects of the EIR. As the RPDEIR document is limited to the Energy Section (section 3.15), pursuant to CEQA Guidelines Section 15088.5, subdivision (c), the DEIR and the FEIR were not recirculated for public review and comment. The City of Ukiah, as the lead agency under CEQA, prepared an EIR for the Project and prepared this document, entitled Final Recirculated Partial EIR (Final RPEIR). This Executive Summary includes, for informational purposes only, a summary of environmental impacts and alternatives to the proposed project identified in the Draft EIR, as revised by the Final EIR dated December 2013, and the RPDEIR. 1.2 PROJECT DESCRIPTION The approved Costco Wholesale Project includes the construction of a new Costco Wholesale warehouse, with a maximum size of 148,000 square feet (SF), and a fueling facility on approximately 15.33 acres. The fueling facility will have 16 vehicle fueling positions (with the Costco Wholesale Project Final RPEIR 10007 April 2017 1-1 1 —EXECUTIVE SUMMARY capacity to expand to 20 positions in the future). The plans submitted with Costco's building permit application propose a warehouse of 141,125 SF, with a bakery, pharmacy, optical center, hearing aid testing center, food court, photo center, tire center, and fueling facility along with the sale of between 3,800 and 4,000 products. The tire center would be a 5,442 SF attached building with member access through the inside of the main Costco building and would include retail tire sales and a tire installation facility. The fueling facility is separate from the main building site, and would include a 2,816 SF canopy and 16 fueling positions (expandable to 20 positions). The fueling facility occupies approximately 2.37 acres, located in the southeast corner of the site adjacent to US 101. Store hours are anticipated to be 10:00 a.m. to 8:30 p.m. Monday through Friday, 9:30 a.m. to 6:00 p.m. on Saturday, and 10:00 a.m. to 6:00 p.m. on Sunday. Fueling facility hours would be Monday through Friday, 6:00 a.m. to 9:30 p.m., Saturday and Sunday from 6:00 a.m. to 7:00 p.m. Delivery hours will generally occur between 4:00 a.m. and 2:30 p.m. The Costco facility would employ approximately 175 to 200 people. The Project Site is located in the City of Ukiah, Mendocino County, California. The Project Site consists of at least portions of twelve parcels totaling 15.33 acres (Assessor's Parcel Numbers 180-110-8 through 10, 180-080-57 through 59, and 180-080-62 through 67). The Project Site is bounded by commercial uses (north and south), US 101 (east), and Airport Park Boulevard (west) (Figure 2-2). The Project Site is within the Airport Industrial Park (AIP) Planned Development. The Airport Industrial Park is bounded by Talmage Road to the north, Ukiah Municipal Airport to the west, and US 101 to the east and south. 1.3 ALTERNATIVES TO THE PROPOSED PROJECT The purpose of the alternatives analysis in an EIR is to describe a range of reasonable alternatives to the project that could feasibly attain the objectives of the project, and to evaluate the comparative merits of the alternatives (CEQA Guidelines Section 15126.6(a)). Additionally, CEQA Guidelines Section 15126.6 requires consideration of alternatives that could avoid or substantially lessen any significant adverse environmental effects of the proposed project, including alternatives that may be more costly or could otherwise impede the project's objectives. The range of alternatives considered must include those that offer substantial environmental advantages over the proposed project and may be feasibly accomplished in a successful manner considering economic, environmental, social, technological, and legal factors. The DEIR analyzed the following alternatives: • No Project Alternative (Existing Conditions, No Change) • Reduced Project Size Alternative (No Gas Station) • Off-site Alternative (West Side Airport Park Blvd.) Costco Wholesale Project Final RPEIR 10007 April 2017 1-2 1 —EXECUTIVE SUMMARY The Reduced Project Size Alternative (No Gas Station) was selected as the Environmentally Superior Alternative. However, as discussed in the DEIR (Section 5.5), the significant and unavoidable impacts associated with the Project would not be reduced to less than significant by this alternative. In addition, the feasibility of the alternative would have to be determined by the decision making body of the lead agency. 1.4 SUMMARY OF ENVIRONMENTAL IMPACTS Table 1-1 presents a summary of Project impacts and proposed mitigation measures that would further avoid or minimize potential impacts. It also indicates the level of significance of each environmental impact both before and after the application of the recommended mitigation measure(s). Table 1-1 includes any minor revisions made to mitigation measures as a result of the comments on the Draft EIR and RPDEIR. Costco Wholesale Project Final RPEIR 10007 April 2017 1-3 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Aesthetics Impact 3.1.1: Implementation of the Project None required. LTS would not change the existing visual character or quality of the site and its surroundings. Impact 3.1.2: Implementation of the Project Measure 3.1.2::All outdoor light fi�ures shall be located,aimed or shielded so as to minimize stray light LTS may create a new source of substantial light or trespassing across property boundaries.Fixtures shall be full cut-off and nighttime friendly,consistent with glare which would adversely affect daytime or LEED goals and Green Globes criteria for light pollution reduction. nighttime views in the area. The project applicant will be required to prepare a photometric plan demonstrating that lighting will not spillover onto adjacent properties.Furthermore,the Project will adhere to all Ciiy regulations relating to signage and the shielding of light in order to reduce any potential negative effects from new light sources (per Building Code Sections§3225,§3226,§3227).The revised light plan shall demonstrate an average light level no greater than 4 footcandle(fc)at grade(ground surface),and shall not exceed 10 fc in any location.Light trespass onto adjacent private property shall not exceed 0.2 fc(at the property line).Light trespass onto adjacent public rights of way or private roadway easements shall not exceed 0.2 fc measured at the centerline of the right of way.Pole-mounted parking lot lighting shall be tumed off one hour after the store closes.Alternatively,50%of pole-mounted lighting may be turned off if the City or store operator requests additional security lighting.These standards shall be included in the Project conditions of approval as well as the mitigation monitoring and reporting program. Impact 3.1.3:The Project would not contribute None required. LTS to a significant cumulative visual impact. Air Quality Impact 3.2.1:Construction activities None required. LTS associated with development of the Project would not generate significant short-term emissions of criteria pollutants. Impact 3.2.2:Operation of the Project would Measure 3.2.2a:The Project will incorporate sustainability features in building and site design with SU generate significant emissions of criteria air the goal of reaching a building efficiency rating that is greater than the Title 24 requirement,in order pollutants that could contribute to existing to reduce energy consumption and associated GHG emissions.As set forth in the"Project nonattainment conditions and degrade air Description,"the project will incorporate the following sustainability features: quality. • Parking lot light standards are designed to provide even light distribution and use 20% less energy compared to a greater number of fixtures at lower heights. The use of inetal Costco Wholesale Project Final RPEIR 10007 April 2017 1-4 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation halide lamps provide a color corrected white light and a higher level of perceived brightness with less energy than other lamps such as high pressure sodium. • Locally extracted and manufactured building materials will be utilized where feasible. • Pre-manufactured building components,including structural framing and metal panels,are designed to minimize waste during construction. • Pre-manufactured metal wall panels with insulation are designed to conserve energy by increasing R-value and solar reflectivity.Building heat absorption is reduced by a decrease in the thermal mass of the metal wall when compared to a typical masonry block wall. • Reflective roof material will meet the requirements for the USEPA's Energy Star energy efficiency program. Reflective roofs produce lower heat absorption and thereby lower energy usage during the summer months. • Skylights are used on the roof to reduce the need for interior lighting.A"daylight harvesting" system monitors and adjusts the mechanical and lighting systems in order to conserve energy. The system includes the skylights,light monitors,energy efficient lighting fixtures,and associated control systems.On a typical sunny day,fewer than one third of the interior lights are needed. • Tree plantings to reduce summer heat gain within the parking field. • Planting to incorporate a substantial amount of drought tolerant species. • Irrigation system to incorporate the use of deep root watering bubblers for parking lot shade trees to minimize water usage and ensure that water goes directly to the intended planting areas. Measure 3.2.2b:The applicant shall implement the following measures to reduce motor vehicle trips and emissions associated with Project operations: • Promote the use of alternative fueled vehicles(i.e.,CNG,electric,etc.)for Project operations. The applicant shall implement two or more of the following measures: o Warehouse equipment, including forklifts,will be electric powered. o Landscaping equipment will be electric powered. o Preferred parking for zero emission vehicles. o Retail fueling station will include a CNG refueling station. o Customer parking will include a minimum of one(1)electric recharge station. • Provide commute incentives for employees to utilize alternative transportation,such as carpool/vanpool,transit,cycling,or walking.A Costco carpool and alternative transportation Costco Wholesale Project Final RPEIR 10007 April 2017 1-5 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation manager shall be designated to oversee the implementation of these TDM measures.Costco will provide its employees the following incentives: o Four carpool parking spaces reserved for Costco employees; o Bicycle parking as required by City standards; o Employee locker rooms; o Rideshare Program,including recognition of rideshare participants at monthly staff meetings and an annual update of rideshare benefits and incentives provided to employees; oA Rideshare Bulletin Board to be located in the employee breakroom,which will contain information about the Rideshare Program,transit,bike routes,and other alternate commute information; o A Rideshare Newsletter to be published and posted on the Rideshare Bulletin Board on a quarterly basis; o Costco employees commuting to work in a rideshare program will be eligible for a guaranteed ride home program in the event of an emergency or unexpected situation(such as unscheduled overtime)on the days they rideshare. o The applicant shall increase transit accessibility.Such measures could include the purchase of transit passes for employees.Also,implement Mitigation Measure 3.10.2a. • The applicant shall improve the pedestrian and bicycle network. Implement Mitigation Measure 3.10.2b a Measure 3.2.2c:Use low VOC architectural coatings and 2c. If the applicant demonstrates,with substantial evidence that the City finds credible and with which it agrees,that any of the above measures are infeasible,the City may allow fewer than all of the above measures to be implemented for the Project.This exception does not excuse the applicant from complying with at least two of the measures listed above to promote the use of alternative fueled vehicles and equipment. Impact 3.2.3: Project traffic would not None required. LTS substantially increase localized carbon monoxide concentrations at sensitive receptors in the project vicinity. Impact 3.2.4: Project operation would not None required. LTS create objectionable odors affecting a substantial number of people. Costco Wholesale Project Final RPEIR 10007 April 2017 1-6 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Impact 3.2.5:Construction and operation of Implement Mitigation Measures 3.2.2a through 3.2.2d. SU the Project would result in cumulatively considerable increases of criteria pollutant emissions. Urban Decay Impact 3.3.1:The Project would not result in None required. LTS long term commercial building vacancies and therefore would not result in increased urban decay conditions. Impact 3.3.2:The Project,in conjunction with None required. LTS other development,would not result in long term commercial building vacancies and therefore would not result in increased urban decay conditions. �eology and Soils Impact 3.4.1:The Project could expose Measure 3.4.1a(For Seismic Ground Shaking)-Prior to the issuance of a building permit for any LTS people to injury or structures to damage from portion of the Project site,the Project sponsor shall: potential rupture of a known earthquake fault, 1. Submit to the City Building Services Division a site-specific,design level geotechnical strong ground shaking,seismic-related ground investigation prepared for each development parcel by a registered geotechnical engineer.The failure,or landslides. investigation shall comply with all applicable state and local code requirements and: a. Include an analysis of the expected ground motions at the site from known active faults using accepted methodologies; b. Determine structural design requirements as prescribed by the most current version of the California Building Code,including applicable City amendments,to ensure that structures can withstand ground accelerations expected from known active faults; c. Determine the final design parameters for walls,foundations,foundation slabs,utilities, roadways, parking lots,sidewalks,and other surrounding related improvements; 2. Project plans for foundation design,earthwork,and site preparation shall incorporate all of the mitigations in the site specific investigations. 3. The Project structural engineer shall review the site specific investigations,provide any additional necessary mitigation to meet Building Code requirements,and incorporate all Costco Wholesale Project Final RPEIR 10007 April 2017 1-7 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation applicable mitigations from the investigation in the structural design plans and shall ensure that all structural plans for the Project meet current Building Code requirements. 4. A registered City geotechnical engineer or third-party registered engineer retained to review the geotechnical reports shall review each site-specific geotechnical investigation,approve the final report,and require compliance with all geotechnical mitigations contained in the investigation in the plans submitted for the grading,foundation,structural,infrastruciure and all other relevant construction permits. 5. The City shall review all Project plans for grading,foundations,structural,infrastructure and all other relevant construction permits to ensure compliance with the applicable geotechnical investigation and other applicable Code requirements. Measure 3.4.1b(For liquefaction and earthquake induced settlement)—Prior to the issuance of a building permit for any portion of the Project site,the Project sponsor shall: 1. Submit to the City a site-specific,design level geotechnical investigation prepared for each building site or installed facility location by a registered geotechnical engineer.The investigation shall comply with all applicable state and local code requirements and: a. Provide site specific engineering requirements for mitigation of liquefiable soils; b. Specify liquefaction mitigations that shall use proven methods,generally accepted by registered engineers,to reduce the risk of liquefaction to a less than significant level such as: i. subsurface soil improvement, ii. deep foundations extending below the liquefiable layers, iii. structural slabs designed to span across areas of non-support, iv. soil cover sufficiently thick over liquefaction soil to bridge liquefaction zones, v. dynamic compaction, vi. compaction grouting, vii. jet grouting, viii. mitigation for liquefaction hazards suggested in the California Geological Survey's Geology(CGS)Guidelines for Evaluating and Mitigating Seismic Hazards(CGS Special Publication 117, 1997)including edge containment structures(berms,dikes, sea walls, retaining structures,compacted soil zones), removal or treatment of liquefiable soils,modification of site geometry,lowering the groundwater table,in-situ ground densification,deep foundations,reinforced shallow foundations,and structural design that can withstand predicted displacements. Costco Wholesale Project Final RPEIR 10007 April 2017 1-8 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation 2. The geotechnical investigation shall evaluate these mitigations and identify the most effective and practicable mitigation methods for inclusion in the Project plans.These itlentified mitigations shall be reviewed to ensure compliance with the CGS Geology Guidelines related to protection of the public safety from liquefaction. 3. Project plans for foundation design,earthwork,and site preparation shall incorporate all of the mitigations in the site specific investigations. 4. The Project structural engineer shall review the site specific investigations,provide any additional necessary mitigation to meet Building Code requirements,and incorporate all applicable mitigations from the investigation in the structural design plans and shall ensure that all structural plans for the Project meet current Building Code requirements. 5. A registered Ciiy geotechnical engineer or third-party registered engineer retained to review the geotechnical reports shall review each site-specific geotechnical investigation,approve the final report,and require compliance with all geotechnical mitigations contained in the investigation in the plans submittetl for the grading,foundation,structural,infrastruciure and all other relevant construction permits. 6. The City shall review all Project plans for grading,foundations,structural,infrastructure and all other relevant construction permits to ensure compliance with the applicable geotechnical investigation and other applicable Code requirements. Impact 3.4.2:Construction of the Project None required. LTS would involve grading and movement of earth, which could expose soils to erosion and result in the loss of topsoil. Impact 3.4.3:The Project could be located on Implement Mitigation Measures 3.4.1a and 3.4.1b. LTS fill soils that are potentially unstable,or that could become unstable as a result of the Project,and potentially result in on-or off-site landslide,lateral spreading,subsidence, liquefaction,or collapse. Costco Wholesale Project Final RPEIR 10007 April 2017 1-9 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Impact 3.4.4:The Project woultl not make a None required. LTS cumulatively consitlerable contribution to cumulative effects associated with erosion, topsoil loss or increased exposure to seismic or other risks. Hazards and Hazardous Materials Impact 3.5.1:The Project would not create a None required. LTS significant hazard to the public or the environment through the routine transport, use,or disposal of hazardous materials. Impact 3.5.2: During construction,the Project Measure 3.5.2: Hazards Remediation. If contaminated soil andlor groundwater are encountered or LTS could create a hazard to the public or the suspected contamination is encountered during Project construction activities,work shall be halted in environment through upset or accident the area,and the type and extent of the contamination shall be identified in accordance with conditions involving the release of hazardous coordination of the overseeing agency(RWQCB, DTSC,andlor MCEHD).A qualified professional,in materials or hazardous wastes to the consultation with regulatory agencies(RWQCB, DTSC,and/or MCEHD)shall then develop an environment. appropriate method to remediate the contamination,and determine the appropriate disposal method of any contaminated soil andlor groundwater.At this time,the available studies suggest that no contaminated soil or groundwater will be found on site. Nevertheless,this mitigation measure would require remediation procedures in the unlikely event that contamination is encountered.Additionally, if required by an overseeing agency,a remediation plan shall be implemented either before or in conjunction with continued Project construction. Impact 3.5.3:The Project site is located within None required. LTS an airport land use plan and would not result in a safety hazard for people residing or working in the project area. Impact 3.5.4:The Project would not impair None required. LTS implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Costco Wholesale Project Final RPEIR 10007 April 2017 1-10 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Impact 3.5.5:The Project woultl not contribute None required. LTS to a significant cumulative impact related to hazards or hazardous materials. Hydrology and Water Quality Impact 3.6.1: Project construction activities None required. LTS would disturb surface soils and could cause erosion and the release of sediment and construction related water quality pollutants to receiving waters. Impact 3.6.2:Subsurface excavation during Measure 3.6.2: In the event that construction period dewatering is required,The Project Applicant LTS Project construction could require dewatering, will coordinate with the City concerning dewatering activities and compliance with the provisions in which may result in a discharge that could the permit,such as the effluent limitations in the permit, prior to discharge.The applicant will: adversely affect water quality. . Submit a Report of Waste Discharge and Application for NPDES Permit along with a feasibility study of reuse of the groundwater to the RWQCB. • Discharge flows only upon receipt of the Discharge Authorization Letter from the RWQCB. Impact 3.6.3: Project construction could None required. LTS require dewatering,but would not result in significant lowering of groundwater levels. Impact 3.6.4:The proposed installation of new Measure 3.6.4:The Applicant shall prepare and submit to the City engineer and the North Coast LTS impervious surfaces associated with the Regional Water Quality Control Board for approval a Final Drainage Plan.The Final Drainage Plan proposed Costco building and parking lot shall include designlplan level depiction of the proposed stormwater drainage facilities on site, would result in an increase in impervious including the proposed storm drainage system,vegetated swales,and the water quality features.The surfaces on site.This could decrease following measures shall be implemented within the Final Drainage Plan,based on modeled runoff stormwater infiltration and increase stormwater volumes and flow rates specific to with-Project conditions: flows,causing downstream flooding,erosion, . The applicant shall design,implement,and maintain a stormwater system such that there would or sedimentation. be no net increase in project condition downstream peak flows;andlor,with respect to the additional impervious surface area proposed for the project,the[applicant]shall design and implement volume-and/or flow-based Treatment Control Best Management Practices(BMPs)as defined in Attachment 4(pages 5-6)of the State Water Resources Control Board(SWRCB)small municipal separate storm sewer systems(MS4s)General Permit(Small MS4 General Permit) (SWRCB Order 2003-0005-DWQ). Costco Wholesale Project Final RPEIR 10007 April 2017 1-11 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation • The Final Drainage Plan is not required to include retention andlor retention features if such features are not necessary to satisfy the above requirements. • Prior to implementation,design drawings and any related documents or specifications with respect to these required mitigation measures shall be submitted to the City of Ukiah and the North Coast Regional Water Quality Control Board. • Modification of storm drain facilities within the State right-of-way(U.S. 101), may require an encroachment permit,and shall be submitted to the California Department of Transportation. Impact 3.6.5:The proposed Project would None required. LTS include installation of a new refueling station and new impervious surfaces. During Project operation,stormwater runoff from these areas could contain elevated pollutant levels,and could result in increased pollutant loading downstream. Impact 3.6.6: Increase in the impervious None required. LTS surfaces under the proposed Project would not significantly affect groundwater recharge in the Project area. Impact 3.6.7:The Project would not subject None required. LTS people and structures to increased risk of floods from the potential failure of the Coyote Dam at Lake Mendocino. Impact 3.6.8: Project implementation,in Implement Mitigation Measure 3.6.4. LTS conjunction with other foreseeable development in the city,could result in cumulative hydrology and water quality impacts. Land Use and Planning Impact 3.7.1:The proposed Project would not None required. LTS physically divide an established community. Costco Wholesale Project Final RPEIR 10007 April 2017 1-12 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Impact 3.7.2:The proposetl Project would not None required. LTS conflict with any applicable land use plan, policy,or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Impact 3.7.3:The proposed Project would not None required. NI conflict with any applicable habitat conservation plan or natural community conservation plan. Impact 3.7.4:The proposed Project,in None required. LTS combination with other developments in the vicinity,would not contribute to potential cumulative land use impacts. Noise Impact 3.8.1:Construction and grading None required. LTS activities associated with the development of the Project would not increase noise levels at nearby noise-sensitive receptor locations. Impact 3.8.2:Operational activities associated None required. LTS with the Project could increase ambient noise levels at nearby noise-sensitive land uses. This impact would be less than significant. Impact 3.8.3:Traffic associated with operation None required. LTS of the Project would not result in a significant increase in noise exposure on area roadways. Impact 3.8.4: Project operational activities None required. LTS would not expose people working in the Project area to excessive noise levels,for a Project located within an airport land use plan. Costco Wholesale Project Final RPEIR 10007 April 2017 1-13 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Impact 3.8.5: Noise associated with the None required. LTS Project in combination with other local development would not result in cumulatively considerable noise increases. Public Services and Utilities Impact 3.9.1: Implementation of the Project None required. LTS would not result in the need for new or physically altered police facilities. Impact 3.9.2: Implementation of the Project None required. LTS would not result in the need for new or physically altered fire and emergency service facilities. Impact 3.9.3: Implementation of the Costco None required. LTS Wholesale warehouse and fuel station project would indirectly increase student enrollment at UUSD schools,but not to the extent that new facilities would be required. Impact 3.9.4:The Project would not result in None required. LTS increased use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of these facilities would occur or be accelerated, nor would the Project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. Impact 3.9.5: Implementation of the Project None required. LTS would not significantly increase the demand for water supply. Costco Wholesale Project Final RPEIR 10007 April 2017 1-14 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Impact 3.9.6:The Project woultl not exceed None required. LTS wastewater treatment requirements or require construction of new wastewater facilities or expansion of existing facilities. Impact 3.9.7:The Project would be served by None required. LTS a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal,and would comply with federal, State,and local statutes and regulations related to solid waste. Impact 3.9.8:The Costco Wholesale None required. LTS warehouse Project would not exceed existing gas and electric supply or result in wasteful, inefficient,or unnecessary consumption of energy. Impact 3.9.9:The Project would not make a None required. LTS cumulatively considerable contribution to public services and utilities impacts associated with cumulative development in the Project vicinity. Transportation and Traffic Impact 3.10.1: Implementation of the Project Measure 3.10.1:The City shall construct Talmage Road Interchange improvements,including the SU would increase traffic volumes on area provision of two left-turn lanes on the westbound Talmage Road approach to Airport Park Blvd.The roadways.This impact is potentially significant. improvements include the following components: • Closure of the existing stop-controlled US 101 Southbound Off-Ramp right-turn to westbound Talmage Road • All US 101 Southbound Off-Ramp traffic would be redirected to access Talmage Road via a new full access intersection where the current loop ramp connects with Talmage Road so that all off- ramp traffic would utilize the off-loop ramp. • The existing US 101 Southbound Off-Ramp loop would be reconfigured to a more standard 90- degree angle. Costco Wholesale Project Final RPEIR 10007 April 2017 1-15 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation • The intersection of the loop ramp with Talmage Road would be controlletl by a new traffic signal. • Both the eastbound Talmage Road and northbound US 101 Southbound Off-Ramp right-turn lanes will have right-turn overlap phasing,while the westbound Talmage Road approach would include protected left-turn phasing. • The design would also provide for two left-turn lanes on the westbound Talmage Road approach to Airport Park Boulevard,which should extend the entire distance to the adjacent intersection. • Since the left-turn lanes would extend all the way to the intersection,signs and markings on the off-ramp are provided to direct drivers to the correct lane for their destination. • Intersection markings should be incorporated that provide guidance so as not to create a trap- lane situation for drivers in the far northbound left lane. • Removal of the existing northbound right-tum overlap phasing at Airport Park BoulevardlTalmage Road. The City shall coordinate with the California Department of Transportation regarding improvements to state facilities. The traffic mitigations shall be completed before Costco is issued a certificate of occupancy. The City shall establish a funding mechanism to pay for the cost of the improvements. Impact 3.10.2: Implementation of the Project Measure 3.10.2a: Provide a concrete pad suitable for future location of bus shelter on the northern LTS would conflict with adopted policies,plans,or frontage of the Project site,adjacent to the proposed sidewalk. programs regarding public transit, pedestrian, Measure 3.10.2b:The Project Applicant shall implement the following measures to reduce potential or bicycle facilities,or otherwise decrease the pedestrian impacts associated with the Project: performance or safety of such facilities. . Install sidewalks along the project frontage on Airport Park Boulevard as identified in the project site plan. • Install high visibility crosswalk markings across driveway entrances to the project including the existing cul-de-sac on the north side of the project to increase visibility of pedestrians. • Install ADA compliant curb ramps at driveway crossings and transition points along the project frontage.Also,ensure that the existing curb ramps at the existing cul-de-sac intersection with Airport Park Boulevard are compliant with current ADA standards. • Provide an adequate pedestrian connection from the street frontage and main parking area to the retail store entrance(per Ordinance 1098). Measure 3.10.2c:The Project Applicant shall implement the following measures to reduce potential bicycle impacts associated with the Project: • Install Class III bike lanes along the Project frontage on Airport Park Boulevard. Costco Wholesale Project Final RPEIR 10007 April 2017 1-16 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation • The Project Applicant shall comply with Ordinance 1098,Airport Industrial Park Planned Development,requirements to install the required number of bicycle parking spaces(long-term spaces[bicycle lockers or covered parking spaces to reduce exposure to the elements and vandalism]for Project employees and short-term spaces for Project patrons and employees[at a convenient location adjacent to the store's primary entry points]). Bicycle racks should be an appropriate design and installed correctly to ensure proper function. Impact 3.10.3: Implementation of the Project Implement Mitigation Measure 3.10.1 SU would increase traffic volumes on area roadways under Near-Term conditions.This impact is potentially significant. Impact 3.10.4: Implementation of the Project Implement Mitigation Measure 3.10.1 SU would increase traffic volumes on area roadways under Future(2030)conditions.This impact is potentially significant. Impact 3.10.5: Under Future plus Project Implement Mitigation Measure 3.10.1 SU conditions,traffic associated with the Project Measure 3.10.4: In addition to the planned City-constructed left-turn lane on the westbound would contribute to inadequate queuing approach of Airport Road,the City shall construct a left-turn lane on the eastbound Hastings Avenue storage at Talmage RoadlAirport Park Blvd. approach should be installed at South State StreetlHastings Avenue-Airport Road. Implementation of and Talmage RoadlUS 101 Southbound Off- the recommended improvements at Talmage RoadlAirport Park Boulevard would result in acceptable Ramp.This impact is potentially significant. operating conditions during both the a.m.and p.m.peak hours. Global Climate Change Impact 3.11.1:The project could generate The project shall implement Mitigation Measures 3.2.2a through 3.2.2d. SU GHG emissions that may have a significant impact on the environment or conflict with an applicable plan,policy or regulation adopted to reduce GHG emissions. Costco Wholesale Project Final RPEIR 10007 April 2017 1-17 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Biological Resources Impact 3.12.1: Implementation of the Measure 3.12.1:The following measures shall be implemented to reduce potential impacts on LTS proposed Project may adversely impact nesting birds: special-status species. 1. If construction-related activities are to occur during the nesting bird season(February 15 through August 31),a qualified biologist shall conduct a preconstruction survey of all potential nesting habitats within 30 days prior to the start of activities(grubbing,dirt-moving, mobilization,or other construction-related activities)and within 500 feet of construction activities. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey,the site shall be resurveyed.The results of these surveys shall be documented in a technical memorandum that shall be submitted to the California Department of Fish and Game(if nesting birds are documented)and the City of Ukiah. 2. If an active nest is found during the preconstruction survey,a no-work buffer of 500 feet will be established unless otherwise approved by the California Department of Fish and Game(DFG). The qualified biologist will coordinate with DFG to determine the appropriate nest avoidance, monitoring,and protective measures appropriate for the species and site conditions. In addition to establishment of a no-work buffer,these measures may include daily or spot-check monitoring of the nesting activity as deemed appropriate by DFG. 3. If the preconstruction survey indicates that nests are inactive or potential habitat is unoccupied during the construction period,no further mitigation is required.Trees and shrubs that have been determined to be unoccupied by birds or that are located more than 500 feet from active nests may be removed(500 feet is the distance regularly recommended by DFG to prevent impacts to active avian nests). Impact 3.12.2: Implementation of the None required. LTS proposed Project would not conflict with any local policies or ordinances for the protection of biological resources. Impact 3.12.3: Implementation of the None required. LTS proposed Project would not contribute to a significant cumulative impact to biological resources. Costco Wholesale Project Final RPEIR 10007 April 2017 1-18 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Population and Housing Impact 3.13.1:The Project woultl not induce None required. LTS substantial population growth or concentration of population in the area,either directly or indirectly. Impact 3.13.2:The Project,in conjunction with None required. LTS past,present and reasonably foreseeable projects,would not contribute to a cumulatively considerable effect related to population,or housing. Cultural Resources Impact 3.14.1: Implementation of the None required. NI proposed project could result in a substantial adverse change to historic resources as defined by CEQA Section 15064.5. Impact 3.14.2: Ground-disturbing activities Measure 3.14.2:If cultural resources are encountered,all activity in the vicinity of the find shall cease until it LTS associated with implementation of the can be evaluated by a qualified archaeologist and a Native American representative.Prehistonc proposed project could result in the substantial archaeological materials might include obsidian and chert flaked-stone tools(e.g.,projectile points,knives, adverse change of previously unknown scrapers)or toolmaking debris;culturally darkened soil("midden")containing heat-affected rocks,artifacts,or archaeological or paleontological resources as shellfish remains;and stone milling equipment(e.g.,mortars,pestles,handstones,or milling slabs);and defined by CEQA Section 15064.5. battered stone tools,such as hammerstones and pitted stones.Historic-period materials might include stone, concrete,or adobe footings and walls;filled wells or privies;and deposits of inetal,glass,and/or ceramic refuse.If the archaeologist and Native American representative determine that the resources may be significant,they will notify the City of Ukiah.An appropriate treatment plan for the resources should be developed.The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources. In considering any suggested mitigation proposed by the archaeologist and Native American representative,the City will determine whether avoidance is necessary and feasible in light of factors such as the nature of the find,project design,costs,and other considerations. If avoidance is infeasible,other appropriate measures(e.g.,data recovery)will be instituted.Work may proceed in other parts of the project area while mitigation for cultural resources is being carried out. Costco Wholesale Project Final RPEIR 10007 April 2017 1-19 1 —EXECUTIVE SUMMARY Table 1-1 Summary of Impacts and Mitigation Measures Level of Significance Environmental Impact Mitigation Measures After Mitigation Impact 3.14.3: Ground-disturbing construction Measure 3.14.3: If human remains are encountered unexpectedly during construction excavation LTS associatetl with implementation of the and grading activities, State Health and Safety Code Section 7050.5 requires that no further proposed project could result in damage to disturbance shall occur until the County Coroner has made the necessary findings as to origin and previously unidentified human remains. disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent,the coroner has 24 hours to notify the NAHC.The NAHC will then identify the person(s) thought to be the Most Likely Descendent,who will help determine what course of action should be taken in dealing with the remains. Impact 3.14.4:The Project would not make a None required. LTS cumulatively considerable contribution to cumulative effects to cultural resources. Energy Impact 3.15.1:The Project would not result in No additional mitigation measures are required to avoid a potentially significant impact. LTS wasteful,inefficient,or unnecessary Implementation of Mitigation Measures 3.2.2 a and b,and Measures 3.10.2 a,b,and c,would further consumption of energy;conflict with existing reduce energy consumption. energy standards and regulations;or adversely affect local and regional energy resources or require additional supply,the provision of which could have a substantial impact on the environment. Costco Wholesale Project Final RPEIR 10007 April 2017 1-20 CHAPTER 2 INTRODUCTION 2.1 INTRODUCTION In accordance with CEQA Guidelines Sections 15089 and 15132, a lead agency must prepare a Final Environmental Impact Report (EIR) before approving a project. The purpose of a Final EIR is to provide an opportunity for the lead agency to respond to comments made by the general public and public agencies regarding the project. The City of Ukiah (City) acting as lead agency has prepared this Final EIR, which is based on the Costco Wholesale Project Recirculated Partial Draft EIR (RPDEIR) and referred to herein as the Final Recirculated Partial Environmental Impact Report (Final RPEIR), regarding the Costco Wholesale Project in compliance with CEQA. The Final RPEIR is an informational document intended to disclose to the City and the public the environmental consequences of approving and implementing the Costco Wholesale Project. Pursuant to CEQA Guidelines 15132, this Final RPEIR includes the public and agency comments received on the RPDEIR, responses thereto, and revisions to the Mitigation Monitoring and Reporting Program (MMRP). All written comments received during the public review period (February 13 to March 30, 2017) on the RPDEIR are addressed in this Final RPEIR. The responses in the Final RPEIR clarify, correct, and/or amplify text in the RPDEIR, as appropriate. No text changes to the Draft were made as a result of the public review process. This document has been prepared in accordance with the California Environmental Quality Act (CEQA; California Public Resources Code (PRC), Sections 21000-21177). This Final RPEIR is intended to be a companion to the February 2017 RPDEIR, which is incorporated by reference and bound separately. Given the narrow scope of the RPDEIR, which was prepared in response to the Court of Appeals ruling in Ukiah Citizens for Safery First v. City of Ukiah (2016) 248 Ca1.App.4th 256, this Final RPEIR focuses on the responses to those comments directly related to the contents of the RPDEIR, in accordance with CEQA Guidelines Section 15088.5 2.2 BACKGROUND In accordance with CEQA, the City released a Notice of Preparation (NOP) on November 7, 2011. The purpose of the NOP was to provide notification that an EIR for the project was being prepared and to solicit guidance on the scope and content of the document. The Draft EIR (State Clearinghouse #201 1 1 12025) was released on January 30, 2013, for a public review period of 45 days. The City Council of Ukiah certified the Final EIR on December 18, 2013. Following certification of the EIR, the City approved the necessary entitlements for the Project, including Costco Wholesale Project Final RPEIR 10007 April 2017 2-1 2—INTRODUCTION rezoning of the Project Site and a Site Development Permit. The City Council then introduced the first reading of Ordinance 1146, rezoning the Project Site to Retail Commercial. On January 15, 2014, the Ordinance was approved by the City Council. The City of Ukiah Planning Commission approved the Site Development Permit on January 22, 2014. The City Council heard an appeal of the Planning Commission's action on March 5, 2014, and upheld the approval of the Site Development Permit. On June 21, 2016, the Court of Appeals ruled that the Final EIR did not adequately address the potential energy impacts of the project (Ukiah Citizens for Safety First v. City of Ukiah (2016) 248 Ca1.App.4th 256). The City Council of Ukiah subsequently set aside the Final EIR and associated Project approvals on November 16, 2016, and directed that the EIR be revised and recirculated to address the Court of Appeal ruling. As the Court of Appeal Decision upheld all other aspects of the EIR, the RPDEIR document is limited to the Energy Section (section 3.15). Pursuant to CEQA Guidelines Section 15088.5, subdivision (c), the non-energy related sections of the Draft EIR were not recirculated for public review and comment. 2.3 CEQA REQUIREMENTS Under CEQA, the Lead Agency must prepare and certify a Final Environmental Impact Report (Final EIR) prior to approving a proposed project. The contents of a Final EIR are specified in Section 15132 of the CEQA Guidelines, which states that the Final EIR shall consist of: a. The Draft EIR or a revision of the Draft. b. Comments and recommendations received on the Draft EIR either verbatim or in summary. c. A list of persons, organizations, and public agencies commenting on the Draft EIR. d. The responses of the Lead Agency to significant environmental points raised in the review and consultation process. e. Any other information added by the Lead Agency. The Lead Agency must provide each public agency that commented on the Draft EIR with a copy of the Lead Agency's response to such comments a minimum of 10-days before certifying the Final EIR. The Final EIR that will be considered for certification by the decision makers of the City of Ukiah will include the following: • The Draft EIR, dated January 2013 • The Final EIR, dated November 2013 • The RPDEIR, dated February 2017 • The Final RPEIR, dated Apri12017 Costco Wholesale Project Final RPEIR 10007 April 2017 2-2 2—INTRODUCTION 2.4 USE OF THE FINAL EIR The Final EIR allows the public and the City an opportunity to review revisions to the Draft EIR and the Responses to Comments. The Final EIR serves as the environmental document to support approval of the proposed project, either in whole or in part, or one of the alternatives to the project discussed in the Draft EIR. As required by Section 15090 (a) (1)-(3) of the CEQA Guidelines, a Lead Agency, in certifying a Final EIR, must make the following three determinations: 1. The Final EIR has been completed in compliance with CEQA. 2. The Final EIR was presented to the decision-making body of the Lead Agency, and the decision-making body reviewed and considered the information in the Final EIR prior to approving the project. 3. The Final EIR reflects the Lead Agency's independent judgment and analysis. As required by Section 15091 of the CEQA Guidelines, no public agency shall approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings (Findings of Fact) for each of those significant effects, accompanied by a brief explanation of the rationale for each finding supported by substantial evidence in the record. The possible findings are: 1. Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Additionally, pursuant to Section 15093(b) of the CEQA Guidelines, when a Lead Agency approves a project that would result in significant unavoidable impacts that are disclosed in the Final EIR, the agency must state in writing the reasons supporting the action. The Statement of Overriding Considerations shall be supported by substantial evidence in the Lead Agency's administrative record. The Findings of Fact and Statement of Overriding Considerations are included in a separate document that will be considered for adoption by the City's decision makers at the time of project approval. Costco Wholesale Project Final RPEIR 10007 April 2017 2-3 2—INTRODUCTION 2.5 RESPONSES TO COMMENTS A list of public agencies and individuals commenting on the RPDEIR is included in Chapter 3 in this Final EIR. A total of two comment letters were received from public agencies. Two comments were received from the public. Responses to comments received appear in Chapter 3 of this Final Recirculated Partial EIR. Each comment letter on the RPDEIR is designated with a letter and presented with brackets indicating how the letter has been divided into individual comments. Each comment is given a binomial with the letter of the comment letter appearing first, followed by the comment number. For example, comments in Letter C are numbered C-1, G2, C-3, and so on. Immediately following the letter are responses, each with binomials that correspond to the bracketed comments. 2.6 MITIGATION MONITORING AND REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) for the proposed project, presented in Chapter 4 of this Final RPEIR, includes all of the mitigation measures required of the proposed project by the Draft EIR and RPDEIR. If the City Council chooses to approve the proposed project or one of the alternatives described in the RPDEIR, the Council will be required to adopt the MMRP at the same time it adopts its CEQA Findings, as required by Section 21081.6 of the Public Resources Code. 2.7 OVERVIEW OF THE PUBLIC PARTICIPATION AND REVIEW PROCESS The City notified all responsible and trustee agencies and all known interested groups, organizations, and individuals that the RPDEIR was available for review. The following list of actions took place during the preparation, distribution, and review of the Recirculated Portions of the Draft EIR: • The Notice of Completion was filed with the State Clearinghouse on February 13, 2017, to start the required 45-day public review period. The City distributed a Notice of Availability (NOA) to interested groups, organizations, and individuals and published a notice in the Ukiah Daily Journal, a newspaper of general circulation. • Copies of the RPDEIR were available for review on the City's website and at the Planning& Community Development Department, 300 Seminary Avenue,iJkiah, California. Costco Wholesale Project Final RPEIR 10007 April 2017 2-4 CHAPTER 3 RESPONSES TO COMMENTS This chapter contains the comment letters received in response to the Recirculated Portions of the Draft EIR (RPDEIR). Each comment letter is designated with a letter, each comment is bracketed, and responses are provided to each comment. CEQA Guidelines section 15088(a) states that "[t]he lead agency shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare a written response. The lead agency shall respond to comments that were received during the noticed comment period and any extensions and may respond to late comments."Additionally, as discussed in Chapter 2 of this Final RPEIR, CEQA Guidelines Section 15088.5(�(2) authorizes a lead agency to respond only to comments on the portions of a Draft EIR that were recirculated for additional public review and comment. Consistent with this guidance, the City stated in the RPDEIR that commenters should limit comments to the issues discussed in the RPDEIR. In this Final RPEIR, the City provides responses to comments made on the RPDEIR. The responses amplify or clarify information provided in the RPDEIR and/or refer the reader to the appropriate place in the document where the requested information can be found. Comments that are not directly related to environmental issues (e.g., opinions on the merits of the project unrelated to its environmental impacts)may either be discussed or noted for the record. No changes were made to the RPDEIR and minor clarifications/ amplifications do not constitute significant new information under CEQA. Below is a list of agencies and persons commenting on the RPDEIR. Federal Agencies • There were no comments received from federal agencies by the close of the comment review period. State Agencies • Katy Sanchez, Associate Environmental Planner, Native American Heritage Commission Local Agencies • Adele Phillips, Planner II, County of Mendocino Planning & Building Services Public Comment • James F. Houle, Redwood City • Robert Taylor, Ukiah Costco Wholesale Project Final RPEIR 10007 April 2017 3-1 3—RESPONSES TO COMMENTS 1NTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 3-2 3—RESPONSES TO COMMENTS • - - - � From:Adele Phillips[mailto:phl[lipsa a�co.mendocPno.ca.us] 5ent:Tuesday,March 07,2017 3:36 PM To:Kevin Thompson SuLject:Referral Response:Cas#co�EIR Hella Mc Thompsan, Mendocino County�epartment of Planning and 9uilding Services Planning�ivision has reviewed the CosFCO Wholesale Aroject Recirrulated Partial DraR EIR,and has no comment. A-1 9est Regards, ADFIE FH1LLiA5.F.��.rJ�k i County of Mendocino Plannng&BuiMinq Sxrvires �a-,�o�.n_�;r.� ..c_I�=A 3�lB: e -..__b�i o �saa�o.me�aod�o.�o.�� :�eo���o.�.����an�,�a Costco Wholesale Project Final RPEIR 10007 April 2017 3-3 3—RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 3-4 3—RESPONSES TO COMMENTS Response to Comment Letter A Adele Phillips, Planner II County of Mendocino Planning & Building Services A-1 The comment letter states that the Mendocino County Department of Planning and Building Services Planning Division has reviewed the RPDEIR and has no comment. This comment is noted, and no response is required. Costco Wholesale Project Final RPEIR 10007 April 2017 3-5 3—RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 3-6 3—RESPONSES TO COMMENTS � �U M _ FN,.����,�r, _ yssa H�.ewa.,swm too west Sacramomo,CA�59�� Phom t 873371� Fax fBY ) &b471 � Emeil: nehc�nehc.�$GOY We6stta: hM'p7jGi�rr.nehc.ca.yQv Twllasr: OCA=1JAFfC • - - - March 13,zo�� Kev�n Thompson City pf Ukiah 300 Seminary Ave. lJk9ah,CA 95482 Re: SCH#261 1 1 1 2025 Costoo Whqlesale Projecl,Mendocino County,Cal'rfomia �ear Mr.Thompsnn: The Native American Heritage Commission{IVAHC}has re�iewed Yhe Dra�Environmental Impact Repvrt. The Califnrnia En�ironmeMal�uality qct{CEoH)',specifically Publia Resources Code sact�n 2�D84.1,states ihst a project Ehat may cause a subst�tial adverse change in the significance of a historica!resaurce is a project that may have a src�niticant effeci on ihe environmBnL If there is substantial evidence,in light of Ehe whole record befare a lead�gency,that a project may hava a significarN effecE on the enviranrr�errt,an environmental impact report(EIR)shall be prepared. In order to determine whether a project will cause a su6siantial adverse change in the significance oi a historical resource,a Iead agency wili need to determing wheEher th8re are historical resources with the aCee of prpject effect(APE). CE�A was amended in 2fl14 6y Assem6ly Bill 52. {AB 52).` AB 52 appIles to any pro]eet 1or whlch a no3lca a1 preparatlon or a notlee oi negative declaratbn nr mitlg.ated negative c-aelaratlon Is flted on or sfter July 1,2015.AB 52 created a separate category for`trihal cuRural reseurces"',that rtow includes"a project with an effect that may cause a su6stantial�dverse change in the significance of a tri6al cuRural resouroCe is a project thst may have a sign�i�ant effec[on ihe environmertt. Public agenaes sha41, whan feesihle, avoid damaging effects ia any tribal cuRural reSOUrce. Yaur prpject may also be subject to Sanate BIII 18(5B 18)(Burton,Chapter 9a5,Statutes af 2004),GovemmeM Code B53S2.3,if it also iavolves ihe adoption of or amendment to a ge�eral plan or a spec'rfic plan,or the designation or proposed designatlon of open space. Bnth SS 76 snd A8 S2 ha�e trlbal consultetlon requirements. Additionalfy,if your protec!is alsa su6ject to the federai National Environmental Pal�y Act(42 U.S.C. §a4329 et s�q.) (NEpA), the tri6at consuttation requirements of Section i06 ot the National iiis#oric Preseroetian Act of 1969 may alsp apply. Consult your legal counsel ahout compllance wRh AB 52 and SB 18 as well ea eampliance wtth any oihar applleable B-1 i8xr6, AgenCies should he awflre ttiat AB 52 daes noS preclude egertCies fronl indiating iribsl ConsuRatiDn wRh tribes thai are traditianaHy and cuEturally aTfiliaEed with their jurisdictions before the timefrarnes provided in AB 52.For that reason,we urge you to continue ta request Nativa American Tnbal Gonsuftatinn Lists and Sacred Lands�ile searches irom the NAHC. The request forms can ba found online at:h�:Ilnahc.ca�ovhesourcesHormsl. Additional information regarding AB 52 can he found online at htt �.�/lnahc.ca.c�ov�-ganlenUuploeds12p15/101A652TribalConsWtation CalEPqppF.�dt, eMRled"Tr€bal Ca�sul[ation Under AB 52: Requiremenls and Best PraCtices". The NAHC recommends lead agencies consu$with all Cal'rfomia Native American Yribes that are traditionaity and culturally atfiliaied with the geagraphic area ot your proposed project as earty as possible in order to avoid inadveRent dlsCOVeries of Native American human remains and best protect trit�al CuNuraf reSOUrces. A brief summary af oAions of AB 52 and SB 18 as weEl as the NAHC's recommendations for conducting cuHural resources assessments is also attached. Please contact me at Email address, Katv.SanchezC�nahc.ca.QOV or cafl phorte number, (916) 373-3752, ii you 1�ave any questions. Sincerely, � ���� Katy Sanchr±z Associate Enviror�menfal Planner Attachment 'Pu6,Aa9ourCBBCOtlB 2100091eeq =PUb.{i9S0ufc8g Catla 210&1.1;Cel.Cade R6g8„til.14,§15064 5(b);CE�A Guideltnes 5gction 150&i.5�b) 'Pub.Re9aurcee Catle 21080(dS�CAI.COtl6 RBgs.,ti[.14.§15064 811qd.�e}i��'•EQA Ouitl8lirses§15p84(e)I1) `Govemmarn Code 853 2 3 'PuG.Resourc;es Cade§2107A °Pub.Rasouroas Cotle 21 QB4.2 'PuG.Reaourtes Cade�2i p84.3{ay 'i54 U.3.C.306101,3fi G.F.R.§800 et saq. Costco Wholesale Project Final RPEIR 10007 April 2017 3-7 3—RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 3-8 3—RESPONSES TO COMMENTS Response to Comment Letter B Katy Sanchez, Associate Environmental Planner, Native American Heritage Commission B-1 The commenter states that the Native American Heritage Commission (NAHC) has reviewed the Draft Environmental Impact Report and provides notice regarding the requirements of AB 52 and SB 18. Any project with a notice of preparation or a notice of negative declaration or mitigated negative declaration that is filed on or after July 1, 2015 is required to comply with the requirements of AB 52. SB 18 applies to any project that involves the adoption of a general plan or specific plan amendment, or the designation or proposed designation of open space. The commenter recommends that lead agencies consult with all California Native American tribes that are affiliated with the geographic area of the Project as early as possible to protect tribal cultural resources and urges consultation with NAHC for Native American Tribal Consultation Lists and Sacred Lands File searches. As the Notice of Preparation for the Project's EIR was filed on November 7, 2011, this predates the requirements of AB 52, and therefore the mandates specified by AB 52 do not apply to the Project. The Project would not involve a general plan or specific plan amendment, nor would it involve the designation or proposed designation of open space. Therefore, requirements set forth by SB 18 would not apply to the Project. Applicable California Native American tribes have been consulted and cultural resources impacts were evaluated in the Draft Environmental Impact Report for the Project. The RPDEIR did not involve any changes to the EIR or Project related to cultural or historic resources. The comment is noted, and no response is required. Costco Wholesale Project Final RPEIR 10007 April 2017 3-9 3—RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 3-10 3—RESPONSES TO COMMENTS c�ri ofu��n RECEIVED Community Development Dept. MAR E� 2017 300 Seminary Avenue cr�oF uKt�e Ukiah,CA 95482 �,D1NGJpi,AtpY]Np D�PA�3 M16�1T Subject:CO3TC0 Wholesale Project:Recirculated Partial Draft EIR . March 27,2017 The follawing comments aze offered to the Recirculated Partial Draft ELR prepared by your consultants DUDEK in February 2017: These comments only pertain to the potential encrgy impacts of the COSTCO facility proposed far Ukiah. It is this secrion that has been revised by DUDEK as Sectian 3.15 to the DEIR. C-1 The Need for a Refueling Station at the COSTCO Site: 16 vehicle fueling positions are proposed wit}� capacity to axpand to 20 positions in the future. There is no need for more vehicle fueling stations in Ukiah: 1. Currently,Ukiah}�as 14 operating gasoline and diesel fueling stations with 100 fueling positions located between Taimage Road an the south side of town and the nor[h LTkiah on-ramp to the � G2 Freeway. Seldom,if ever,is there a waiting line for fue!at any of these 24 statians. 2. Locating another 16 fueling positions at a remote site almast one-half mile from the nearest freeway of�ramp will have two outcomes For our communi#y:(1)force more conveniendy located gasoline starions to go out of btisiness,and(2)increase COSTCO profits. There is no requirement tha#CQSTCO stores must have a gasaline station—their stores in San Francisco �'3 and in Novato seem to do quite well withnut selling fuei.Furthermore,the fuel consumed in male�z�g this one mile round trip to the gasaline pumps more than equais the saving in fuel costs at COSTCO discount fuel pricing. 3. At the C05TC0 stores in Santa Rosa and Rohnert Park,roughly half of aiI tr�c into GOSTCO is For gasoline only. If this pattern of use is similar in iJkiah,then we can expect a major incresse in�c on Airport Boulevard. No provision for expansion of the road's C-4 handling capacity is being considered. At the very least,a traffic analysis is warranted. Ener Sa�in s With New Hi -Ef�icient 5olar Panels has not been investi ated: It is over 6 years sunce the fust draft EIA was prepared.The efficiency of solar panels to convert the sun's energy to electric pawer has increased 50%over those years. The unpacts upon energy use in this 148,Q00 square foot wholesale stare would be considerable and should be exacnined rather than,dismissed aut of hand as was dona in tt�is DEIR, C-5 Beyond tl�ese two coxnments,many other concerns with the COSTCO proposed warehouse are still unanswered: These must be addressed by the City Council. Firstiv:CALT'ItANS has not approved the desisa for the Highway lUl off-ramp, Withaut their T C_6 appraval,work cannot go fa�rward, 1 Secondl�Expansion of the WALMART operation to 5uperstore status,which was defeated over four years ago for lack of a plan to handle the additional iraffic from Highway 101, wil�most likely he C_7 revived once the COSTCO project is approved. No allowance for such an eventuality has been addressed.Therefore another traf�ic study witl be required and additionai provisions for the greatly increased traffic demands must be considered. Costco Wholesale Project Final RPEIR 10007 April 2017 3-11 3—RESPONSES TO COMMENTS Thirdlv:No source of finance for the$6.0 billion needed for the costs of the highway off-ramp expaasion and Airport Boulevard kas been identified. The City is not able ta fiuid this from their C-$ general funds,given current indebtedness and impending payments on bands taken aut more than five years ago for th�e now-abandoned Redevelopment Program. The C�STCO ProjecE remains a poorly glanned and carelessly considered attempt by the City Council to increase tax revenues that will only result in the fiuther forcing out of business smal�er commercial enterprises along Ukiah's main thoroughfares. Had tbese implications been seriously coasidered years ago,much time and money foolishly spent on planning for COSTCO could have been saved. Sincerely, James F.Houle ''�� ` �,�� 7130 Black Bart Trail �� '/.�. Redwood Valley,CA 95470 Costco Wholesale Project Final RPEIR 10007 April 2017 3-12 3—RESPONSES TO COMMENTS Response to Comment Letter C James F. Houle C-1 The commenter notes that his comments pertain only to the potential energy impacts of the Project as listed in Section 3.15 of the RPDEIR and presents his opinion that LJkiah does not have the need for additional vehicle fueling stations. The comment is noted. C-2 The commenter states that Ukiah currently includes 14 gasoline and diesel fueling stations with 100 fueling positions located between Talmage Road in southern Ukiah and the north Ukiah on-ramp to the freeway. The commenter notes that there is rarely a line for use of these stations. The comment is unrelated to the energy evaluation described in the RPDEIR, the comment is noted, and no response is required. C-3 The commenter expresses his expectation that the fueling station associated with the Project would drive conveniently located gasoline stations to go out of business, and increase Costco profits. The commenter further notes that Costco stores do not have a requirement to include a gasoline station, and that the fuel consumed to access the Project's fueling station would be close to savings obtained by using the Project's discounted fueling stations. The energy consumption for project-related vehicle trips has been described and analyzed in the RPDEIR (see REDEIR Table 3.15-6, Transportation Fuels, Project Operations). The cost of the fuel sold at the proposed project is not an environmental issue, and no additional response is required. C-4 The commenter states his observation that traffic issues around Costco stores in Santa Rosa and Rohnert Park occur due to Costco gasoline stations. The commenter expects that a similar increase in traffic on Airport Boulevard would occur due to the Project's fueling station. The commenter notes that there are no plans for expansion of Airport Boulevard's handling capacity and requests that a traffic analysis be conducted. An analysis of traffic impacts was provided in the Project's Draft EIR, not in the RPDEIR. The comment is unrelated to the energy evaluation and analysis described in the RPDEIR or the adequacy of the RPDEIR. As such, this comment is outside the scope of the RPDEIR and, as noted above, the City does not have an obligation to respond to comments outside the scope of the RPDEIR (CEQA Guidelines Section 15088.5(�(2)). No additional response is required. C-5 The commenter notes that over the 6 years since the preparation of the DEIR, the efficiency of solar panels has increased by 50%, and states that Project energy savings with these higher-efficiency solar panels was not evaluated. The commenter expresses his opinion that energy use impacts resulting from the Project's warehouse would be considerable and states that these impacts should be examined. The Costco Wholesale Project Final RPEIR 10007 April 2017 3-13 3—RESPONSES TO COMMENTS commenter states that other concerns regarding the Project are left unanswered and requests that these be addressed by the City Council. Energy consumption at the proposed warehouse is analyzed in the RPDEIR. As no significant impacts were identified, the lead agency cannot mandate the inclusion of solar panels as part of the project to avoid or reduce an impact. The project is wired to accommodate solar panels at such time as they would be a financially beneficial energy source. See RPDEIR page 3.15-20. C-6 The commenter states that CALTRANS has not approved the design for the Highway 101 off-ramp and states that work cannot proceed without this approval. The comment is unrelated to the energy evaluation and analysis described in the RPDEIR or the adequacy of the RPDEIR. As such, this comment is outside the scope of the RPDEIR and, as noted above, the City does not have an obligation to respond to comments outside the scope of the RPDEIR (CEQA Guidelines Section 15088.5(�(2)). The comment is noted, and no response is required. C-7 The commenter states that expansion of the WALMART operation would occur once the Project is approved. The commenter states that the potentiality of this event has not been addressed and requests that another traffic study be prepared and future increased traffic demands be considered. The comment is unrelated to the energy evaluation and analysis described in the RPDEIR or the adequacy of the RPDEIR. As such, this comment is outside the scope of the RPDEIR and, as noted above, the City does not have an obligation to respond to comments outside the scope of the RPDEIR (CEQA Guidelines Section 15088.5(�(2)). The comment is noted, and no response is required. C-8 The commenter notes that no source of finance for the highway off-ramp expansion and Airport Boulevard has been identified. The commenter expresses their impression that the City would not be able to fund this from its general funds. The comment is unrelated to the energy evaluation and analysis described in the RPDEIR or the adequacy of the RPDEIR. As such, this comment is outside the scope of the RPDEIR and, as noted above, the City does not have an obligation to respond to comments outside the scope of the RPDEIR (CEQA Guidelines Section 15088.5(�(2)). The comment is noted, and no response is required. 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RaLen TarioQ l�D]H�am�dlr P.oad Uk�ak Costco Wholesale Project Final RPEIR 10007 April 2017 3-15 3—RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 3-16 3—RESPONSES TO COMMENTS Response to Comment Letter D Robert Taylor D-1 The commenter discusses general concerns with the long approval process for the proposed project. Commenter further notes the public scrutiny on other projects in the region. There are no comments specific to the energy analysis or the adequacy of the RPDEIR. As such, this comment is outside the scope of the RPDEIR and, as noted above, the City does not have an obligation to respond to comments outside the scope of the RPDEIR (CEQA Guidelines Section 15088.5(�(2)). The comment is noted, and no response is required. The Planning Commission and City Council will consider all public comments when considering action on the proposed project. Costco Wholesale Project Final RPEIR 10007 April 2017 3-17 3—RESPONSES TO COMMENTS INTENTIONALLY LEFT BLANK Costco Wholesale Project Final RPEIR 10007 April 2017 3-18 CHAPTER 4 MITIGATION MONITORING AND REPORTING PROGRAM 4.1 INTRODUCTION Section 15097 of the Guidelines for the California Environmental Quality Act (CEQA) requires that, whenever a public agency approves a project based on a Mitigated Negative Declaration or an Environmental Impact Report (EIR), the public agency shall establish a mitigation monitoring or reporting program to ensure that all adopted mitigation measures are implemented. The mitigation monitoring and reporting program (MMRP) contained herein is intended to satisfy this requirement of the CEQA Guidelines as it relates to the Costco Wholesale Project (Project). This MMRP is intended to be used by City staff and mitigation monitoring personnel to ensure compliance with mitigation measures during proj ect implementation. Mitigation measures identified in this MMRP were developed in the Draft EIR prepared for the Project. No new mitigation measures were proposed in the RPDEIR, as mitigation measures outlined previously in the Draft EIR would adequately reduce energy impacts. The Draft EIR for the Project presents a detailed set of mitigation measures required for implementation. As noted above, the intent of the MMRP is to ensure the effective implementation and enforcement of all adopted mitigation measures. The MMRP will provide for monitoring of construction activities, as necessary, and in the field identification and resolution of environmental concerns. 4.2 MITIGATION MONITORING AND REPORTING PROGRAM DESCRIPTION Compliance The City of LTkiah will coordinate monitoring activities and document the implementation of mitigation measures. The table below identifies the mitigation measures, the monitoring actions, the implementing entities, the responsible parties for monitoring actions, and the timing of mitigation actions. The entity identified as having implementing responsibility has the primary duty to execute the mitigation measures. The "applicant" shall refer to the entity seeking entitlements for development of the project in the project area. In some instances this may require contracting for specialized consultant services. In instances where the implementing responsibility is shared between the City and construction contractors, the City would be responsible for ensuring that the mitigation requirements are implemented. Costco Wholesale Project Final RPEIR 10007 April 2017 4-1 4—MITIGATION MONITORING AND REPORTING PROGRAM Field Monitoring of Mitigation Measures Prior to the issuance of grading and building permits, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the project design phase. During construction and following the project, the City's Public Works Department will assign inspectors who will be responsible for monitoring the implementation of the mitigation measures. The inspectors will report to the City's Public Works Department and will be thoroughly familiar with the mitigation measures in the MMRP. In addition, the inspectors will be familiar with construction contract requirements, schedules, standard construction practices, and mitigation techniques. The City will be responsible for on-site, day-to-day monitoring of construction activities, reviewing construction plans and equipment staging/access plans to ensure conformance with adopted mitigation measures. The City will also have the authority to enforce mitigation measures by suspending particular construction activities. Once construction has been completed, the City will monitor the project as necessary. If any mitigation measures are not being implemented, the City may pursue corrective action. Penalties that may be applied include, but are not limited to, the following: (1) a written notification and request for compliance; (2) withholding of permits; (3) administrative fines; (4) a stop-work order; (5) criminal prosecution and/or administrative fines; (6) forfeiture of security bonds or other guarantees; (7) revocation of permits or other entitlements. Changes to Mitigation Measures Any substantive change in the monitoring plan made by City Staff shall be reported in writing to the Planning Division. Modifications to the mitigation may be made by City staff subject to one of the following findings, documented by evidence included in the record: a. The mitigation measure included in the Final EIR and MMRP is no longer required because the significant environmental impact identified in the Final EIR has been found not to exist or to occur at a level which makes the impact less than significant as a result of changes in the project, changes in conditions of the environment or other factors. Or b. The modified or substitute mitigation measure to be included in the MMRP provides a quantified level of environmental protection equal to or greater than that afforded by the mitigation included in the Final EIR and the MMRP; and the modified or substitute mitigation measures do not have significant adverse effects on the environment in addition to or greater than those which were considered by the responsible hearing bodies in their decisions on the Final EIR and the proposed project; and the modified or substitute mitigation measures are feasible, and the City through measures included in the MMRP or other City procedures can ensure their implementation. Costco Wholesale Project Final RPEIR 10007 April 2017 4-2 4—MITIGATION MONITORING AND REPORTING PROGRAM Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the project file with the MMRP and shall be made available to the public upon request. Mitigation Monitoring and Reporting Program The table presented on the following pages provides the MMRP for the proposed project. The MMRP identifies the following: 1. an explanation of each impact by issue area, summarized as an impact statement; 2. the full text of the mitigation measure(s) applicable to each impact statement; 3. the method and/or process by which the mitigation measure will be implemented; 4. the timing of implementation of each mitigation measure; and 5. the party responsible for ensuring implementation of each mitigation measure. Following completion of the monitoring and reporting process, the final monitoring results will be filed with the Project's Environmental Record. Costco Wholesale Project Final RPEIR 10007 April 2017 4-3 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Aesthetics Measure 3.1.2: :All outdoor light fixtures shall be located,aimed or shielded so as to City of Ukiah Planning and Plan prepared and approved minimize stray light trespassing across property boundaries.Fixtures shall be full cut-off Community Development prior to issuance of building and nighttime friendly,consistent with LEED goals and Green Globes criteria for light Department permit. Monitoring ongoing pollution reduction.The project applicant will be required to prepare a photometric plan during construction. demonstrating that lighting will not spillover onto adjacent properties. Furthermore,the Project will adhere to all City regulations relating to signage and the shielding of light in order to reduce any potential negative effects from new light sources(per Building Code Sections§3225,§3226,§3227).The revised light plan shall demonstrate an average light level no greater than 4 footcandle(fc)at grade(ground surface),and shall not exceed 10 fc in any location. Light trespass onto adjacent private property shall not exceed 0.2 fc(at the property line).Light trespass onto adjacent public rights of way or private roadway easements shall not exceed 0.2 fc measured at the centerline of the right of way. Pole- mounted parking lot lighting shall be turned off one hour after the store closes. Alternatively,50°/a of pole-mounted lighting may be turned off if the City or store operator requests additional security lighting.These standards shall be included in the Project conditions of approval as well as the mitigation monitoring and reporting program. Air Quality Measure 3.2.2a:The Project will incorporate sustainability features in building and site City of Ukiah Planning and Plan prepared and approved design with the goal of reaching a building efficiency rating that is greater than the Title Community Development prior to issuance of building 24 requirement,in order to reduce energy consumption and associated GHG emissions. Department permit. Monitoring ongoing As set forth in the"Project Description,"the project will incorporate the following during construction. sustainability features: • Parking lot light standards are designed to provide even light distribution and use 20% less energy compared to a greater number of fixtures at lower heights.The use of inetal halide lamps provide a color corrected white light and a higher level of perceived brightness with less energy than other lamps such as high pressure sodium. • Locally extracted and manufactured building materials will be utilized where feasible. • Pre-manufactured building components,including structural framing and metal panels,are designed to minimize waste during construction. Costco Wholesale Project Final RPEIR 10007 April 2017 4-4 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off • Pre-manufactured metal wall panels with insulation are designed to conserve energy by increasing R-value and solar reflectivity. Building heat absorption is reduced by a decrease in the thermal mass of the metal wall when compared to a typical masonry block wall. • Reflective roof material will meet the requirements for the USEPA's Energy Star energy efficiency program. Reflective roofs produce lower heat absorption and thereby lower energy usage during the summer months. • Skylights are used on the roof to reduce the need for interior lighting.A"daylight harvesting"system monitors and adjusts the mechanical and lighting systems in order to conserve energy.The system includes the skylights,light monitors,energy efficient lighting fixtures,and associated control systems.On a typical sunny day,fewer than one third of the interior lights are needed. • Tree plantings to reduce summer heat gain within the parking field. • Planting to incorporate a substantial amount of drought tolerant species. • Irrigation system to incorporate the use of deep root watering bubblers for parking lot shade trees to minimize water usage and ensure that water goes directly to the intended planting areas. Measure 3.2.2b:The applicant shall implement the following measures to reduce motor City of Ukiah Planning and Plan prepared and approved vehicle trips and emissions associated with Project operations: Community Development prior to issuance of building • Promote the use of alternative fueled vehicles(i.e.,CNG,electric,etc)for Project Department permit. Monitoring ongoing operations.The applicant shall implement two or more of the following measures: during construction. o Warehouse equipment,including forklifts,will be electric powered. o Landscaping equipment will be electric powered. o Applicantloperator owned service or delivery vehicles shall be low or zero emission vehicles. o Preferred parking for zero emission vehicles. o Retail fueling station will include a CNG refueling station. o Customer parking will include a minimum of one(1)electric recharge station. • Provide commute incentives for employees to utilize alternative transportation,such as carpoollvanpool,transit,cycling,or walking.A Costco carpool and alternative Costco Wholesale Project Final RPEIR 10007 April 2017 4-5 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off transportation manager shall be designated to oversee the implementation of these TDM measures.Costco will provide its employees the following incentives: o Four carpool parking spaces reserved for Costco employees; o Bicycle parking as required by City standards; o Employee locker rooms; o Rideshare Program,including recognition of rideshare participants at monthly staff meetings and an annual update of rideshare benefits and incentives provided to employees; o A Rideshare Bulletin Board to be located in the employee breakroom,which will contain information about the Rideshare Program,transit,bike routes,and other alternate commute information; o A Rideshare Newsletter to be published and posted on the Rideshare Bulletin Board on a quarterly basis; o Costco employees commuting to work in a rideshare will be eligible for a guaranteed ride home program in the event of an emergency or unexpected situation(such as unscheduled overtime)on the days they rideshare. o The applicant shall increase transit accessibility.Such measures could include the purchase of transit passes for employees.Also, implement Mitigation Measure 3.10.2a. • The applicant shall improve the pedestrian and bicycle network. Implement Mitigation Measure 3.10.2b and 2c. If the applicant demonstrates,with substantial evidence that the City finds credible and with which it agrees,that any of the above measures are infeasible,the City may allow fewer than all of the above measures to be implemented for the Project.This exception does not excuse the applicant from complying with at least two of the measures listed above to promote the use of alternative fueled vehicles and equipment. Measure 3.2.2c: Use low VOC architectural coatings. City of Ukiah Planning and Plan prepared and approved Community Development prior to issuance of building Department permit. Monitoring ongoing during construction. Costco Wholesale Project Final RPEIR 10007 April 2017 4-6 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Geology and Soils Measure 3.4.1a(For Seismic Grountl Shaking)-Prior to the issuance of a building permit City of Ukiah Planning and Plan prepared and approved for any portion of the Project site,the Project sponsor shall: Community Development prior to issuance of building 1. Submit to the City Building Services Division a site-specific,design level Department,City Building permit. geotechnical investigation prepared for each development parcel by a registered Services Division geotechnical engineer.The investigation shall comply with all applicable state and local code requirements and: a. Include an analysis of the expected ground motions at the site from known active faults using accepted methodologies; b. Determine structural design requirements as prescribed by the most current version of the California Building Code, including applicable City amendments,to ensure that structures can withstand ground accelerations expected from known active faults; c. Determine the final design parameters for walls,foundations,foundation slabs, utilities,roadways,parking lots,sidewalks,and other surrounding related improvements; 2. Project plans for foundation design,earthwork,and site preparation shall incorporate all of the mitigations in the site specific investigations. 3. The Project structural engineer shall review the site specific investigations, provide any additional necessary mitigation to meet Building Code requirements,and incorporate all applicable mitigations from the investigation in the structural design plans and shall ensure that all structural plans for the Project meet current Building Code requirements. 4. A registered City geotechnical engineer or third-party registered engineer retained to review the geotechnical reports shall review each site-specific geotechnical investigation,approve the final report,and require compliance with all geotechnical mitigations contained in the investigation in the plans submitted for the grading, foundation,structural, infrastructure and all other relevant construction permits. 5. The City shall review all Project plans for grading,foundations,structural, infrastructure and all other relevant construction permits to ensure compliance with the applicable geotechnical investigation and other applicable Code requirements. Costco Wholesale Project Final RPEIR 10007 April 2017 4-7 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Measure 3.4.1b(For liquefaction and earthquake induced settlement)—Prior to the City of Ukiah Planning and Plan prepared and approved issuance of a building permit for any portion of the Project site,the Project sponsor shall: Community Development prior to issuance of building 1. Submit to the City a site-specific,design level geotechnical investigation prepared Department,City Building permit. for each building site or installed facility location by a registered geotechnical Services Division engineer.The investigation shall comply with all applicable state and local code requirements and: a. Provide site specific engineering requirements for mitigation of liquefiable soils; b. Specify liquefaction mitigations that shall use proven methods,generally accepted by registered engineers,to reduce the risk of liquefaction to a less than significant level such as: i. subsurface soil improvement, ii. deep foundations extending below the liquefiable layers, iii. structural slabs designed to span across areas of non-support, iv. soil cover sufficiently thick over liquefaction soil to bridge liquefaction zones, v. dynamic compaction, vi. compaction grouting, vii. jet grouting, viii. mitigation for liquefaction hazards suggested in the California Geological Survey's Geology(CGS)Guidelines for Evaluating and Mitigating Seismic Hazards(CGS Special Publication 117, 1997)including edge containment structures(berms,dikes,sea walls, retaining structures,compacted soil zones),removal or treatment of liquefiable soils,modification of site geometry,lowering the groundwater table, in-situ ground densification,deep foundations, reinforced shallow foundations,and structural design that can withstand predicted displacements. 2. The geotechnical investigation shall evaluate these mitigations and identify the most effective and practicable mitigation methods for inclusion in the Project plans.These identified mitigations shall be reviewed to ensure compliance with the CGS Geology Guidelines related to protection of the public safety from liquefaction. 3. Project plans for foundation design,earthwork,and site preparation shall incorporate all of the mitigations in the site specific investigations. Costco Wholesale Project Final RPEIR 10007 April 2017 4-8 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off 4. The Project structural engineer shall review the site specific investigations, provide any additional necessary mitigation to meet Building Code requirements,and incorporate all applicable mitigations from the investigation in the structural design plans and shall ensure that all structural plans for the Project meet current Building Code requirements. 5. A registered City geotechnical engineer or third-party registered engineer retained to review the geotechnical reports shall review each site-specific geotechnical investigation,approve the final report,and require compliance with all geotechnical mitigations contained in the investigation in the plans submitted for the grading, foundation,structural, infrastructure and all other relevant construction permits. 6. The City shall review all Project plans for grading,foundations,structural, infrastructure and all other relevant construction permits to ensure compliance with the applicable geotechnical investigation and other applicable Code requirements. Hazards and Hazardous Materials Measure 3.5.2: Hazards Remediation. If contaminated soil andlor groundwater are City of Ukiah Planning and During project construction. encountered or suspected contamination is encountered during Project construction Community Development activities,work shall be halted in the area, and the type and extent of the Department contamination shall be identified in accordance with coordination of the overseeing agency(RWQCB, DTSC, and/or MCEHD).A qualified professional,in consultation with regulatory agencies(RWQCB,DTSC,andlor MCEHD)shall then develop an appropriate method to remediate the contamination,and determine the appropriate disposal method of any contaminated soil andlor groundwater.At this time,the available studies suggest that no contaminated soil or groundwater will be found on site. Nevertheless,this mitigation measure would require remediation procedures in the unlikely event that contamination is encountered.Additionally, if required by an overseeing agency,a remediation plan shall be implemented either before or in conjunction with continued Project construction. Costco Wholesale Project Final RPEIR 10007 April 2017 4-9 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Hydrology and Water Quality Measure 3.6.2: In the event that construction period dewatering is required,The Project City of Ukiah Planning and Prior to project construction. Applicant will coordinate with the City concerning dewatering activities and compliance Community Development with the provisions in the permit,such as the effluent limitations in the permit, prior to Department discharge.The applicant will: • Submit a Report of Waste Discharge and Application for NPDES Permit along with a feasibility study of reuse of the groundwater to the RWQCB. • Discharge flows only upon receipt of the Discharge Authorization Letter from the RWQCB. Measure 3.6.4:The Applicant shall prepare and submit to the City engineer and the City of Ukiah Planning and Plan prepared and approved North Coast Regional Water Quality Control Board for approval a Final Drainage Plan. Community Development prior to issuance of building The Final Drainage Plan shall include design/plan level depiction of the proposed Department permit. Monitoring ongoing stormwater drainage facilities on site,including the proposed storm drainage system, during construction. vegetated swales,and the detention basin.The following measures shall be implemented within the Final Drainage Plan, based on modeled runoff volumes and flow rates specific to with-Project conditions: • The applicant shall design,implement,and maintain a stormwater retention and/or detention feature(s)such that there would be no net increase in project condition peak flows;andlor,with respect to the additional impervious surface area proposed for the project,the[applicant]shall design and implement volume-andlor flow- based Treatment Control Best Management Practices(BMPs)as defined in Attachment 4(pages 5-6)of the State Water Resources Control Board(SWRCB) small municipal separate storm sewer systems(MS4s)General Permit(Small MS4 General Permit)(SWRCB Order 2003-0005-DWQ). • Prior to implementation,design drawings and any related documents or specifications with respect to these required mitigation measures shall be submitted to the City of Ukiah and the North Coast Regional Water Quality Control Board. Costco Wholesale Project Final RPEIR 10007 April 2017 4-10 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Transportation and Traffic Measure 3.10.1: Construct Talmage Road Interchange improvements,including the City of Ukiah Planning and The project funding shall be provision of two left-turn lanes on the westbound Talmage Road approach to Airport Park Community Development obligated prior to the issuance of Blvd.The improvements include the following components: Department(in coordination a building permit.The • Closure of the existing stop-controlled US 101 Southbound Off-Ramp right-turn to with the City of Ukiah Public interchange improvements shall westbound Talmage Road Works Department and be substantially completed prior • All US 101 Southbound Off-Ramp traffic would be redirected to access Talmage California Department of to issuance of the certificate of Road via a new full access intersection where the current loop ramp connects with Transportation) occupancy for the Project. Talmage Road so that all off-ramp traffic would utilize the off-loop ramp. • The existing US 101 Southbound Off-Ramp loop would be reconfigured to a more standard 90-degree angle. • The intersection of the loop ramp with Talmage Road would be controlled by a new traffic signal. • Both the eastbound Talmage Road and northbound US 101 Southbound Off-Ramp right-turn lanes will have right-turn overlap phasing,while the westbound Talmage Road approach would include protected left-turn phasing. • The design would also provide for two left-turn lanes on the westbound Talmage Road approach to Airport Park Boulevard,which should extend the entire distance to the adjacent intersection. • Since the left-turn lanes would extend all the way to the intersection,signs and markings on the off-ramp are provided to direct drivers to the correct lane for their destination. • Intersection markings should be incorporated that provide guidance so as not to create a trap-lane situation for drivers in the far northbound left lane. • Removal of the existing northbound right-turn overlap phasing at Airport Park BoulevardlTalmage Road. The City shall coordinate with the California Department of Transportation regarding improvements to state facilities.The traffic mitigations shall be completed before Costco is issued a certificate of occupancy.The City shall establish a funding mechanism to pay for the cost of the improvements. Costco Wholesale Project Final RPEIR 10007 April 2017 4-11 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Measure 3.10.2a: Provide a concrete pad suitable for future location of bus shelter on the City of Ukiah Planning and The concrete pad location will be northern frontage of the Project site,adjacent to the proposed sidewalk. Community Development identified on the approved Department and Mendocino building plan,as determinetl Transit Authority through coordination between the City and the Mendocino Transit Authority. Measure 3.10.2b:The Project Applicant shall implement the following measures to City of Ukiah Planning and Complete prior to certificate of reduce potential pedestrian impacts associated with the Project: Community Development occupancy. • Install sidewalks along the project frontage on Airport Park Boulevard as identified in Department the project site plan. • Install high visibility crosswalk markings across driveway entrances to the project including the existing cul-de-sac on the north side of the project to increase visibility of pedestrians. • Install ADA compliant curb ramps at driveway crossings and transition points along the project frontage.Also,ensure that the existing curb ramps at the existing cul-de- sac intersection with Airport Park Boulevard are compliant with current ADA standards. • Provide an adequate pedestrian connection from the street frontage and main parking area to the retail store entrance(per Ordinance 1098). Measure 3.10.2c:The Project Applicant shall implement the following measures to City of Ukiah Planning and Complete prior to certificate of reduce potential bicycle impacts associated with the Project: Community Development occupancy. • Install Class III bike lanes along the Project frontage on Airport Park Boulevard. Department • The Project Applicant shall comply with Ordinance 1098,Airport Industrial Park Planned Development,requirements to install the required number of bicycle parking spaces(long-term spaces[bicycle lockers or covered parking spaces to reduce exposure to the elements and vandalism]for Project employees and short-term spaces for Project patrons and employees[at a convenient location adjacent to the store's primary entry points]). Bicycle racks should be an appropriate design and installed correctly to ensure proper function. Costco Wholesale Project Final RPEIR 10007 April 2017 4-12 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Measure 3.10.4: In addition to the planned left-turn lane on the westbound approach of City of Ukiah Planning and City shall incorporate Airport Road,a left-turn lane on the eastbound Hastings Avenue approach should be Community Development improvements into planned installetl at South State StreetlHastings Avenue-Airport Road. Implementation of the Department improvements at South recommended improvements at Talmage RoadlAirport Park Boulevard would result in StreetlHastings.To be acceptable operating conditions during both the a.m.and p.m.peak hours. completed within five years of Project operation(as measured from certificate of occupancy). Biological Resources Measure 3.12.1:The following measures shall be implemented to reduce potential City of Ukiah Planning and 30 days prior to construction IF impacts on nesting birds: Community Development construction begins February 15 1. If construction-related activities are to occur during the nesting bird season Department through August 31. (February 15 through August 31),a qualified biologist shall conduct a If active nest is found, preconstruction survey of all potential nesting habitats within 30 days prior to the monitoring schedule to be start of activities(grubbing,dirt-moving,mobilization,or other construction-related determined by the qualified activities)and within 500 feet of construction activities. If ground-disturbing activities are biologist and the California delayed or suspended for more than 30 days after the pre-construction survey,the site Department of Fish and Game shall be resurveyed.The results of these surveys shall be documented in a technical memorandum that shall be submitted to the California Department of Fish and Game(if nesting birds are documented)and the City of Ukiah. 2. If an active nest is found during the preconstruction survey, a no-work buffer of 500 feet will be established unless otherwise approved by the California Department of Fish and Game(DFG).The qualified biologist will coordinate with DFG to determine the appropriate nest avoidance, monitoring,and protective measures appropriate for the species and site conditions. In addition to establishment of a no-work buffer, these measures may include daily or spot-check monitoring of the nesting activity as deemed appropriate by DFG. 3. If the preconstruction survey indicates that nests are inactive or potential habitat is unoccupied during the construction period, no further mitigation is required. Trees and shrubs that have been determined to be unoccupied by birds or that are located more than 500 feet from active nests may be removed(500 feet is the distance regularly recommended by DFG to prevent impacts to active avian nests). Costco Wholesale Project Final RPEIR 10007 April 2017 4-13 4—MITIGATION MONITORING AND REPORTING PROGRAM Table 4-1 Mitigation Monitoring and Reporting Program Mitigation Measure Monitoring Responsibility Timing Sign Off Cultural Resources Measure 3.14.2: If cultural resources are encountered,all activity in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist and a Native American representative.Prehistoric archaeological materials might include obsidian and chert flaked-stone tools(e.g.,projectile points,knives,scrapers)or toolmaking debris;culturally darkened soil("midden")containing heat-affected rocks,artifacts,or shellfish remains; and stone milling equipment(e.g., mortars,pestles,handstones,or milling slabs);and battered stone tools,such as hammerstones and pitted stones. Historic-period materials might include stone,concrete,or adobe footings and walls;filled wells or privies;and deposits of inetal,glass,andlor ceramic refuse. If the archaeologist and Native American representative determine that the resources may be significant,they will notify the City of Ukiah.An appropriate treatment plan for the resources should be developed.The archaeologist shall consult with Native American representatives in determining appropriate treatment for prehistoric or Native American cultural resources. In considering any suggested mitigation proposed by the archaeologist and Native American representative,the City will determine whether avoidance is necessary and feasible in light of factors such as the nature of the find,project design,costs,and other considerations. If avoidance is infeasible,other appropriate measures(e.g.,data recovery)will be instituted.Work may proceed in other parts of the project area while mitigation for cultural resources is being carried out. Measure 3.14.3: If human remains are encountered unexpectedly during construction excavation and grading activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent,the coroner has 24 hours to notify the NAHC. The NAHC will then identify the person(s)thought to be the Most Likely Descendent,who will help determine what course of action should be taken in dealing with the remains. 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ITEM NO. 9B Community Development and Planning Department 300 Seminary Avenue ���}��f�+���� Ukiah, CA 95482 planninq(a�cityofukiah.com (707)463-6207 DATE: May 24, 2017 TO: Planning Commission FROM: Darcy Vaughn, Assistant City Attorney, and Kevin Thompson, Planning Manager SUBJECT: Further discussion of Second Dwelling Unit Ordinance regulations in relation to AB 2299, SB 1069, and AB 2406 Recommendation: Staff recommends the Planning Commission review the proposed amendments to the City's second unit regulations, solicit public input and provide staff with further direction on how to implement AB 2299, SB 1069, and AB 2406. Summary: As of January 1, 2017, three new State laws (AB 2299, SB 1069, and AB 2406) significantly affect the City's authority to regulate second units and related fees and effectively nullify existing regulations in the City Code regarding second units. On April 12, 2017, the Planning Commission received a presentation intended to provide information on the new laws and was asked to provide direction to Staff on implementation. Background: On January 1, 2017, three new State laws (AB 2299, SB 1069, and AB 2406) intended to address California's affordable housing crisis went into effect. These laws, particularly AB 2299, significantly affect the City's authority to regulate second units and related fees (See Attachment 1). On March 15, 2017, staff presented the three State laws to the City Council for an update. The Council provided direction to ask the Planning Commission for review and recommendation. On April 12, 2017, Staff received direction from the Planning Commission on some potential amendments to the City's current second unit regulations. These amendments were intended to bring the City Code into conformance with the new State laws. At the same time, the Planning Commission was asked to evaluate and provide direction on other existing second unit regulations found in the City code that staff considered out-of-date. Discussion: AB 2299 and SB 1069 codified in relevant part at Government Code §§ 65852.150 and 65852.2 rename "second units" as "accessory dwelling units" ("ADU"s) and limit local authority to regulate these units in residentially-zoned districts. More specifically, Government Second Unit/ADU Discussion Planning Commission May 24, 2017 1 Code § 65852.150 identifies ADUs as an essential component of California's housing supply and sets forth a statement of legislative intent that municipal ADU ordinances should provide for the creation of ADU and that the regulatory provisions of these ordinances should not unreasonably restrict the development of ADUs in zoning districts in which they are authorized. AB 2299, as enacted, amended Government Code Section 65852.2 to effect comprehensive changes to the authority of local governments to regulate the development of ADUs in residentially-zoned areas. The changes fall primarily into four areas: (1) Parking, (2) Types and Size of Units, (3) Approval Process and Timelines, and (4) Water and Sewer Utility Fees. While AB 2299 states that a local agency, by ordinance, may impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, and maximum size of a unit, the City's ability to impose these standards is somewhat limited by AB 2299's requirements for local ADU ordinances (See Attachment 1). For example, AB 2299, as codified at Government Code Section 65852.2 states that parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Further, it states that a local agency may not impose any parking requirements for ADUs that are constructed within the footprint of an existing dwelling or accessory structure or that are located within a half mile of public transit. In addition, AB 2299 allows local agencies to impose maximum unit size standards on ADUs, though this maximum size cannot be set so low as to impede the development of ADUs. Furthermore, on a single family lot within a single family residential zone, local governments must treat the approval of an application to create an ADU as a ministerial decision without conducting a public hearing, if the unit meets criteria specified in the state statute or a local ordinance that complies with the state statute. However, as noted above, local agencies do retain the ability to determine where ADUs will be permitted and to impose standards for height, lot coverage, landscape, architectural review, and size, provided that these standards do not unreasonably impede the development of ADUs within their jurisdiction. As such, if it is the recommendation of the Commission that the City Code be amended to comply with the new requirements for local regulation of ADUs under Government Code Section 65852.2, the Commission could also take the opportunity to review and amend provisions of the City Code dealing with development of second dwelling units that are not out of compliance with Government Code Section 65852.2 but that impose standards outdated or unnecessary. For example, Staff has questioned whether the requirement in City Code Section 9016(P) that the "minimum width of a driveway serving a second dwelling unit shall be eighteen feet" is necessary or is instead unreasonably stringent. AB 2299 states that any existing local ADU ordinance that does not meet the law's requirements became null and void, when the bill became effective on January 1, 2017. In such cases a jurisdiction like Ukiah must approve accessory dwelling units based on the procedures and standards set forth in Government Code Section 65852.2 and existing state standards until the jurisdiction adopts a compliant ordinance. The City is not required to amend its Second Unit Ordinance and can instead defer to the State for regulatory requirements for ADUs. However, by amending the City's Ordinance to comply with AB 2299 and SB 1069, the City may still Second Unit/ADU Discussion Planning Commission May 24, 2017 2 impose, within limits stated in AB 2299 and SB 1069, its own development standards and requirements and allowable areas for ADUs. Attachments: 1. Summary of AB 2299 2. Government Code Sections pertaining to AB 2299, SB 1069, and AB 2406 3. Comparison Table City Code Vs. New Regulations 4. Redlined Zoning Ordinance §9016 ALLOWED USES 5. Clean Zoning Ordinance §9016 ALLOWED USES Second Unit/ADU Discussion Planning Commission May 24, 2017 3 SUMMARY OF AB 2299, CODIFIED AT GOVT. CODE 65� 852.2 An Accessory Dwelling Unit, or ADU, means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, and also includes efficiency units and manufactured homes. An ADU can also be wholly contained within the footprint of the existing primary, single-family residence or an e�sting accessory structure. To qualify for special treatment under Govt. Code § 65852.2, an ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary single-family dwelling is situated. In addition, Govt. Code § 65852.2 applies only to the development of ADUs in single-family and multifamily residential zones. As�ects of ADU Develo�ment the Citv Can Regulate: Location of ADUs: The City can designate areas where ADUs are permitted, based on criteria such as the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety. Buildin�Standards: The City can impose standards on ADUs that include, but are not limited to: • Parking* • Height • Setback* • Lot coverage • Landscape • Architectural review � Maximum and Minimum size of a unit* � Standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. * But see belozv for limitations on these standards. Owner Occu�anc� The City may require owner occupancy of the primary residence on the lot on which an ADU is located. Lease Term: The City may require that an ADU must be used for rentals of terms longer than 30 days. Miscellaneous Health and Safet,�c�uirements: Local building codes apply to all ADUs. The City can require approval by the local health officer where a private sewage disposal system is being used. The Citv's Abilitv to Regulate ADU Develo�ment is Limited As Follows: Building Standards: 1 Maximum and Minimum Size: A local agency may establish minimum and maximum unit size requirements for both attached and detached ADUs. No minimum or maximum size for an ADU, or size based upon a percentage of the existing dwelling, for either attached or detached dwellings, shall be established by ordinance, that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Pursuant to state law, an efficiency unit can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities. The increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. The City can set a smaller maximum size, provided that the requirement does not burden (e.g. make development cost prohibitive or impossible under the standards imposed) or prevent the development of ADUs. The total area of floor space for a detached ADU shall not exceed 1,200 square feet The City can set a smaller maximum size, provided that the requirement does not burden or prevent the development of ADUs. Setbacks: No setback shall be required for an existing garage that is converted to an ADU unit. A setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constYUCted above a gaYage. Parking: Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. While "tandem parking" is not currently defined in Section 65852.2,AB 464, currentl�in committee before the State legislature, would amend Section 65852.2 to define "tandem parking" as meaning that"two or more automobiles are parked on a driveway or in any other location on a lot,lined up behind one another." Off-street parking shall be permitted in setback areas in locations determined by the City or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, oY that it is not permitted anywhere else in the jurisdiction. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, and the City requires that those off-street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the ADU,including, but not limited to, as covered spaces,uncovered spaces, or tandem spaces, or by the use of inechanical automobile parking lifts. The City may not impose parking standards for an ADU in any of the following instances: (1) The ADU is located within one-half mile of public transit. (2) The ADU is located within an architecturally and historically significant historic district. (3) The ADU is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the ADU. (5) When there is a car share vehicle located within one block of the ADU. 2 Fire S�rinklers: ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. Passagewa�s: No passageway shall be required in conjunction with the construction of an ADU. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling Utilitv Connections and Fees: ADUs shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities,including watex and sewer service. For an ADU located in a single-family residential zone that is contained within the e�sting space of a single-family residence or accessory structure, the City may not require the applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capaciry charge. For all other ADUs, the City may require a new or separate utility connection directly between the ADU and the utility. That connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of pYOViding this service. Other Rec�uirements for City Regulation of ADUs: An ADU Ordinance must require that an ADU is not intended for sale separate from the primary residence and ma�be rented. An ADU Ordinance must state that an ADU can only be located on a lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. An application for a building permit for an ADU shall be considered ministerially without discretionary review or a hearing. An application for a building permit to create,within a single-family residential zone, one ADU per single-family lot,if the unit is contained within the existing space of a single-family residence or accessoYy structure, has independent exterior access from the existing residence, and the side and reaY setbacks are sufficient foY fire safety, must be approved ministerially, meaning without being required to get a use or other permit that requires public notice and a hearing. 3 4/4/2017 Government Code Section 65852.150-Judicata California GoUernment Code Section 65852.150 (a) The Legislature finds and declares all of the following: (i) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members,students,the elderly,in-home health care providers,the disabled,and others,at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory d�velling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of ineeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals,and the well-being of our citizens,particularly lower and middle-income earners. (�) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents�vithin existing neighborhoods,while respecting architectural character. (8) Accessory dwelling units are,therefore,an essential component of California's housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size,parldng,fees,and other requirements,are not so arbitrary, excessive,or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. Amended byStats.2oi6, Ch.�20,Sec.¢.EffectiueJanuaryi,201�. Judicata C�2oi7 https://www.judicata.comistatute/ca/govcode/65852.150 111 M4/2017 Government Code Section 65852.2-Judicata California GoUernment Code Section 65g52•2 (a) (i) A local agency may,by ordinance,provide for the creation of accessory dwelling units in single-family and multifamily residential zones.The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.The designation of areas may be based on criteria,that may include,but are not limited to,the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. �B) (i) Impose standards on accessory dwelling units that inclttde,but are not limited to,parking,height,setbaclt,lot coverage,landscape,architectural review,maximum size of a unit,and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause(i),a local agency may reduce or eliminate parldng requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located,and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing,single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not e�:ceed 5o percent of the existing living area,with a inaxiinum increase in floor area of 1,20o square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed i,2oo squarefeet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. https://www.judi cata.com/statutPJca/govcode/65852.2?r=1 S�5 4/4/2017 Government Code SecGon 65852.2-Judicata (vii) No setback shall be required for an eacisting garage that is converted to a accessory dwelling unit,and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings,as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used,if required. (x) (I) Parldng requirements for accessory dwelling units shall not exceed one parldng space per unit or per bedroom.These spaces may be provided as tandem parldng on an existing driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parldng,unless specific findings are made that parldng in setback areas or tandem parldng is not feasible based upon specific site or regional topographical or fire and life safety conditions,or that it is not permitted anywhere else in the jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision(d). (xi) When a garage,carport,or covered parlang structure is demolished in conjunction with the construction of an accessory dwelling unit,and the local agency requires that those offstreet parldng spaces be replaced,the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,including,.but not limited to,as covered spaces,uncovered spaces,or tandem spaces,or by the use of inechanical automobile parldng lifts.This clause shall not apply to a unit that is described in subdivision(d). (2) The ordinance shall not Ue considered in the application of any local ordinance,policy,or program to limit residential growth. (g) When a local agency receives its first application on or after July i,2003,for a permit pursuant to this subdivision,the application shall be considered ministerially without discretionary review or a hearing,notwithstanding Section 659oi or 65906 or any local ordinance regulating the issuance of variances or special use permits,within i2o days after receiving the application.A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2ooi— 02 Regular Session of the Legislature,including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall pro«de an approval process that includes only ministerial provisions forthe approval of accessory dwelling units and shall not include any discretionaty processes, provisions,or requirements for those units,except as othenvise provided in this subdivision.In the event that a local agency has an existing accessory https://www.judicata.com/statute/ca/govcode/65852.2?r=1 �� 4/4J2017 Government Code SecGon 65852.2-Judicata dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance,policy,or regulation shall be the basis for the denial of a Uuilding permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling.No additional standards,other than those provided in this subdi�rision,shall be utilized or imposed,except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 3o days. (�) A local agency may amend its zoning ordinance or general plan to incorporate the policies,procedures,or other provisions applicable to the creation of an accessory dwelling unit if these pro��isions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to Ue an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.The accessory d�velling unit shall not be considered in the application of any local ordinance,policy,or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision(a)receives its first application on or after July i,i983,for a permit to create an accessory dwelling unit pursuant to this subdivision,the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision(a)within i2o days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for Uoth attached and detached accessory dwelling units.No minimum or maximum size for an accessory dwelling unit,or size based upon a percentage of the existing dwelling,shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards.Accessory dwelling units shall not be required to provide fire sprinklers if they are not rPquired forthe primary residence. (d) Notwithstanding any other law,a local agency,whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a),shall not impose parldng standards for an accessory dwelling unit in any of the follo�ving instances: (1) The accessory dwelling unit is located within one-half mile of public transit. https:/Avww.j udi cata.com/statute/ca/govcode/65852.2?r=1 3�� 4!4/2017 Government Code Section 65852.2-Judicata (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parlang permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions(a)to(d),inclusive,a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure,has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (fl (i) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5(commencing with Section 66000) and Chapter�(commencing with Section 66oi2). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities,including�vater and sewer service. (A) For an accessory dwelling unit described in subdivision(e),a local agency shall not require the applicant to install a new or separate utility connection directly bet�veen the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not descriUed in subdivision(e),a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility.Consistent with Section 66oig,the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit,based upon either its size or the number of its plumbing fixtures,upon the water or sewer system.This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall suUmit a copy of the ordinance adopted pursuant to subdivision(a)to the Department of Housing and Community Development within 6o days afteradoption. (i) As used in this section,the following terms mean: (r) "Living area"means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. https://www.judicata.com/statute/ca/govcode/658522?r=1 415 M4/2017 Government Code Section 658522-Judicata (2) "Local agency"means a city,county,or city and county,whether general law or chartered. (3) For purposes of this section,"neighborhood"has the same meaning as set forth in Section 65589•5• (4) "Accessory dwelling unit"means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons.It shall include permanent provisions for living,sleeping, eating,cooking,and sanitation on the same parcel as the single-family dwelling is situated.An accessory dwelling unit also includes the following: (A) An efficiency unit,as defined in Section i7958.1 of Health and Safety Code. (B) A manufactured home,as defined in Section i800�of the Health and Safety Code. (5) "Passageway"means a pathway that is unoUstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act(Division 20 (commencing with Section 30000)of the Public Resources Code),except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. Amended byStats.2oi6, Ch.735,Sec.i.s.EffectiueJanuari�i,2oi�. Judicata�c 2oi� https://www.judi cata.com/statute/ca/govcode/65852.2?r=1 515 4/5/2017 Government Code Section 65852.22-Judicata California Government Code Section 65852.22 (a) Notwithstanding Section 65852.2,a local agency may,by ordinance,provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit,and shall do all of the following: (i) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted.The owner may reside in either the remaining portion of the stnicture or the newly created junior accessory dwelling unit.Owner-occupancy shall not be required if the owner is another governmental agency,land tnist,or housing organization. (3) Require the recordation of a deed restriction,which shall run with the land, shall be filed�vith the permitting agency,and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence,including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attiibutes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to Ue constructed within the existing walls of the stnicture,and require the inclusion of an existing bedroom. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure,with an interior entry to the main living area.A permitted junior accessory dwelling may include a second interior doonvay for sound attenuation. (6) Require the permitted junior accessory dwelling unit to include an efficiency ldtchen,which shall include all of the following: (A) A sink with a maximum waste line diameter of i.5 inches. (B) A coolang facility with appliances that do not require electrical service greaterthan i2o��olts,ornatural orpropanegas. (C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. �) (i) An ordinance shall not require additional parlang as a condition to grant a permit. https://www.judicata.comistatute/ca/govcode/65852.22?r=1 1P2 4/5/2017 Government Code Section 65852.22-Judicata (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection,including the imposition of a fee for that inspection,to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. (c) An application for a permit pursuant to this section shall,notwithstanding Section 659oi or 65906 or any local ordinance regulating the issuance of variances or special use permits,be considered ministerially,without discretionary review or a hearing.A permit shall Ue issued within 12o days of submission of an application for a permit pursuant to this section.A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation,a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city,county,city and county,or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the pttrposes of providing service for water,sewer,or power,including a connection fee,a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (fl This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation,related to parldng or a service or a connection fee for water,sewer,or power,that applies to a single-family residence that contains a junior accessory dwelling unit,so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) For purposes of this section,the follo�ving terms have the following meanings: (1) "Junior accessory dwelling uniY'means a unit that is no more than 50o square feet in size and contained entirely within an existing single-family structure.A junior accessory dwelling unit may include separate sanitation facilities,or may share sanitation facilities with the existing stnicture. (2) "Local agency"means a city,county,or city and counTy,whether general la�v or chartered. Added byStats.2oi6, Ch. �,5,5,Sec.i.EffectiueSeptember28,2oi6. Judicata Q 2oi� https://www.judicata.com/statuteJca/govcode/65852.22?r=1 �2 Comparison of AB 2299 and Ukiah City Code Provisions Regulating Creation of Second Units and Recommended Amendments for Compliance with AB 2299 *These regulations only apply to Accessory Dwelling Units located within single-family and multifamily residential zoned properties. Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 1 Section 65852.2 replaces Section 9016 in the City Zoning While a change is not all occurrences of Ordinance currently refers to required, changing "second unit" with "second dwelling units" or references to "second "accessory dwelling unit" "second units". dwelling units" or"second ("ADU"). units" to "accessory dwelling unit" would make the City Code consistent with terms in State law. 2 Applications for permits None While the City Code does for ADUs be processed not contain any provision within 120 days of that is inconsistent with this receiving application requirement, other jurisdictions who have already amended their zoning ordinances have included this provision by reference. I recommend that the City add language about the 120 day limit for processing ADU permit applications. 3 An application for a None While the City Code does building permit for an not contain any provision ADU shall be considered that is inconsistent with this ministerially without requirement, other discretionary review or a jurisdictions who have hearing. already amended their zoning ordinances have included these provisions by reference. 4 An application to create None While the City Code does within a single family not contain any provision residential zone one ADU that is inconsistent with this per single family lot must requirement, other be ministerially approved jurisdictions who have if the unit is: already amended their • contained within an zoning ordinances have existing residence or included these provisions accessory structure. by reference. • has independent 1 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance exterior access from the existing residence. • has side and rear setbacks that are sufficient for fire safety. These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements. 5 Required lot size: There Section 9016 in the City Zoning The Department of Housing is no explicit lot size Ordinance states that the and Community requirement in AB 2299. minimum lot size upon which Development has advised Govt. Code Section a second unit may be placed is that "standards and 56852.150, states, "It is five thousand (5,000) square allowable areas must not be the intent of the feet for an interior lot, and seven designed or applied in a Legislature that an thousand (7,000) square feet for manner that burdens the accessory dwelling unit a corner lot. development of ADUs". If ordinance adopted by a the minimum lot size would local agency has the still allow most single family effect of providing for the homes in single-family creation of ADUs and that residential districts to provisions in this develop an ADU, the size ordinance relating to requirement probably does matters including unit not thwart the state size, parking, fees, and legislature's intent. other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create ADUs in zones in which they are authorized by local ordinance." 6 Maximum size: Section 9016 in the City Zoning The Department of Housing Increased floor space of Ordinance currently limits the and Community an attached ADU shall size of a second unit to 10% of Development has advised not exceed 50% of the the total lot size, with a that "standards and 2 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance existing living space and maximum size of 750 square allowable areas must not be shall not exceed 1,200 feet. Section 9016 does not set designed or applied in a square feet. The total forth a minimum size manner that burdens the area of floor space for a requirement for second units. development of ADUs". If detached ADU shall not the maximum unit size exceed 1,200 square currently designated would feet. still allow most single family homes in single-family Minimum size- 150 residential districts to square foot efficiency develop an ADU, the size unit, as defined in the requirement probably does California Building Code not thwart the state legislature's intent. The Department, in a memo summarizing AB 2299, states that typical maximum unit sizes range from 800 to 1200 square feet. The City could amend the Code to indicate that the minimum size required by state law is a 150 square foot efficiency unit. 7 Setbacks: No setback Section 9016 in the City Zoning Amend City Code to state shall be required for an Ordinance states that the that (1) No setback shall be existing garage that is following setback requirements required for an existing converted to an ADU, shall apply to garage or accessory beyond what would be all second dwelling units in the building that is converted to required by local building R-1 (single-family residential) an ADU as long as it meets and fire codes. A setback zoning district: fire and building code of no more than 5 feet 1. Front Yard: The same as the requirements and (2)An from the side and rear lot existing single-family residence, ADU constructed above a lines shall be required for but no closer than five feet (5'). garage shall have a an ADU constructed 2. Side Yard, Single-Story: Side minimum setback of five above a garage. yard for single-story unit: Five feet from the side and rear feet (5'). lot lines. 3. Side Yard, Two-Story: Side yard for two-story unit: Ten feet (10'). 4. Rear Yard, Single-Story: Rear yard for single-story unit: Five feet (5'). 5. Rear Yard, Two-Story: Rear yard for two-story unit: Ten feet (10'). 3 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 8 Parking Standards: Section 9016, subsection G, in AB 2299's prohibition of Local governments may the City Zoning Ordinance parking standards for ADUs not impose parking states that parking requirements located within '/2 mile of standards if: (1)ADU is for the second unit shall be one public transit may preclude within '/2 mile of public off street space (independently the City from requiring transit; (2)ADU is located accessible or tandem)for each parking spots for most within an architecturally bedroom in addition to the two ADUs. All parking and historically significant (2) independently accessible provisions in the City Code historic district; (3) ADU is parking spaces required for the applicable to second part of an existing primary existing single-family residence. dwelling units must be residence or an existing If the primary residence was amended to incorporate AB accessory structure; (4) legally constructed at a time 2299s's prohibition on on-street parking permits when on-site parking was not parking standards in certain are required but not required, then only the parking circumstances. offered to ADU; (5) a car space(s) for the second share vehicle is within dwelling unit shall be required. one block of ADU. Section 9021 in the City Zoning For ADUs not fitting any Ordinance states that of the above categories, second dwelling units require local governments may one additional on-site only require one parking independently accessible space per unit or per parking space. bedroom, and spaces may be provided as tandem parking on an existing driveway. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. 4 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 9 Sprinklers: Installation of Section 5216 of the City Fire Most one or two family sprinklers not required if Prevention Code, dwellings would require fire not required for primary amending Section 903.2 of the flows only 1,000 gallons per residence. CA Fire Code as adopted by the minute according to City, requires that: Appendix B of the CA Fire A. Approved automatic sprinkler Code, subparagraphs A-C systems shall be provided in are unlikely to apply. To the new buildings and structures extent that any of these requiring a fire flow of 2,000 subparagraph descriptions gallons per minute or greater could possibly apply to an as determined by appendix B of ADU, Section 5216 of the this code. City Code must be B. Approved automatic sprinkler amended to indicate that systems shall be provided in these requirements do not additions to existing structures apply to ADUs if sprinklers where the new total building are not required for the area would require a fire flow of primary residence 2,000 gallons per minute or associated with the ADU. greater as determined by appendix B of this code. C. Approved automatic sprinkler systems shall be provided in existing structures which are remodeled, added to or altered, except for ordinary maintenance and repair not involving structural alterations, requiring a fire flow of 2,000 gallons per minute or greater as determined by appendix B of this code, and when the cost of such remodels, additions, or alterations within any 36 month period exceeds $60,000. . . . E. Approved automatic sprinkler systems shall be provided in those new, additions to existing, remodeled, added to or altered buildings and structures which require a fire flow, as determined by appendix B of this code, in excess of the capability of the available water supply. 5 Provisions of AB 2299 , Conflicting Provisions of City Recommended Codified at Gov't Code Code Amendment to Second Section 65852.2 Unit Ordinance 10 Utility Connection Fees: Section 3702.5 of the City Code Section 3702.5 must be ADUs shall not be states that any structure located amended to state that no considered new within the City in which new sewer connection shall residential uses for the plumbing is to be installed and be required for an ADU that purposes of calculating to which a public sewer is is contained within the local agency connection available shall, at the expense existing space of an existing fees or capacity charges of the owner of the property, primary residence or for utilities, including connect the plumbing of such accessory structure in a water and sewer service. structure directly to the proper single-family residential public sewer in accordance with zone. Sections 3731A and For an ADU that is the provisions of this ordinance 3861 must be amended so contained within the as to not treat ADUs as new existing space of an Section 3731A of the City Code, residential uses and to existing primary while not explicitly referring to exempt ADUs that are residence or accessory second units, would treat any contained within the existing structure in a single- second unit as a new residential space of an existing primary family residential zone, use for the purpose of residence or accessory the local agency shall not calculating sewer connection structure in a single-family require the applicant to charges and would impose a residential zone from install a new or separate sewer connection fee. connection fees. utility connection directly between the ADU and the Section 3861 of the City Code, Note that AB 2299 and SB utility or impose a related while not explicitly referring to 1069 apply only to "local connection fee or second units, would treat any agencies", the definition of capacity charge. second unit as a new residential which does not include use for the purpose of special districts. As such, For all other ADUs, a calculating water connection the current noncompliance local agency may require charges and would impose a issues apply only to those a new or separate utility water connection fee. areas of the City that are connection directly not in the Sanitation District between the ADU and the overlap area. A clean-up utility. Consistent with bill, SB 229, has been state law, the connection introduced that will amend may be subject to a the utility connection fee connection fee or provisions of Gov't Code § capacity charge that shall 65852.2 to also apply to be proportionate to the special districts. Once the burden of the proposed state legislature SB 229 ADU, based upon either goes into effect, the its size or the number of Sanitation District will need its plumbing fixtures, to amend its ordinance upon the water or sewer pertaining to sewer system. This fee or connection fees. charge shall not exceed the reasonable cost of providing this service. 6 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UHIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UHIAH CITY CODE TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Section 3702.5 of Division 4, Chapter 2,Article 3 of the Ukiah City Code is amended to read as follows: §3702.5 SEWER REQUIRED Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this ordinance. A public sewer shall be deemed to be available if a public sewer is located within two hundred feet (200') of the property line of the property involved. However, no new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the proper public sewer will be required for an AccessorX Dwelling Unit contained within the existing space of an existing�rimary residence ar accessory structure and located in the R-1 zone. SECTION 2 Division 4, Chapter 2,Article 12 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §3731A SEWER CONNECTION CHARGES The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the city and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit (ESSU) per dwelling unit connected to the wastewater system based on the number of bedrooms according to the following schedule: 1 Connection Fee ESSU 1. One bedroom $ 9,820.00 0.9 2. Two bedroom 10,911.00 1.0 3. Three bedroom 12,002.00 1.1 4. For each additional bedroom 1,091.00 0.1 * * * D. Connection Fees for Accessory Dwelling Units 1. Accessary dwelling units shall not be considered new residential uses far the purposes of calculating local agency connection fees or capacity char�es for utilities, including water and sewer service. 2. As noted in Section 3702.5 of this Chapter, the City will not require new connection between an Accessory Dwellin Unit as defined in Section 9278 of this Code) and the sanitary sewer system for an Accessary Dwelling Unit contained within the existing space of an existin�primary residence or accessory structure and located in the R-1 zone. Notwithstanding Section 3734A, the City shall not impose a connection fee ar capacitX charge for this ty�e of Accessory Dwellin U�n�it. 3. Accessor_y Dwelling Units that are not contained within the existin�space of an existin�primary residence ar accessary structure ar not located in the R-1 zone, the CitX may char�e a connection fee or capacit.�ge that is proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. SECTION 3 Section 3861 of Division 4, Chapter 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §3861 WATER CONNECTION FEES A. Payment of Fees The storage and transmission and production and treatment facilities' fees are based on the size of the service. Said fees shall be due and payable prior to use and occupancy of the new facility requiring the service. No certificate of occupancy shall be issued and I permanent water service shall not be provided until payment is received. 2 B. Connection Fees for Accessory Dwelling Units 1. Accessory dwelling units shall not be considered new residential uses far the purposes of calculatin� connection fees or capacity charges. 2. No new water connection shall be required, and no fee charged, for an AccessorX Dwelling Unit (as defined in Section 9278 of this Code) contained within the existing space of an existing_primar_y residence or accessory structure and located in the R-1 zone. 3. Accessory Dwelling Units that are not contained within the existing space of an existing primary residence ar accessory structure ar not located in the R-1 zone are subject to connection fees as provided in Section 3861. SECTION 4 Article 3 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §9016 ALLOWED USES The following uses are allowed in single family residential (R-1) districts: * * * I Accessory Dwelling Units � on parcels developed with a single- family residence subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing Accessory Dwellin� � as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided � herein. Existing Accessory Dwellin U�n�its � as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. B. Pursuant to California Government Code 65852.2(a)(1)(C), accessor_y dwellin� do not exceed the allowable density for the lot upon which the Accessary Dwelling U�tnit is located, and that Accessor_y Dwelling Units are a residential use that is consistent with the existin�general plan and zoning designation for the lot. I �C. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the applicable zoning district, and any other Irequirements of this Code are met. I ED. The Accessory Dwelling Unit�may be used for rental purposes. 3 �E. Accessor_y Dwellin U�n�its�'°��ra ��r�*° may be attached to existing single-family residences or detached as separate structures. Accessory Dwelling UnitsT�°��°^^�,� � shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. I �F. The minimum lot size upon which an Accessory Dwelling Unit�may be placed is five thousand (5,000) square feet for an interior lot, and seven thousand (7,000) square feet for a corner lot. I �G. The maximum size of an �Accessory Dwelling Unit shall be ten percent (10%) of the lot size with a maximum size of seven hundred fifty(750) square feet. Larger units may be approved through the use permit process. The increased floor area of an Accessory Dwellin�Unit that is attached to the primary residence shall not exceed 50 percent of the existin lg iving area• I F�H. Parking requirements for the Accessory Dwelling Unit� shall be one off street space (independently accessible or tandem) for each bedroom in addition to the two (2) independently accessible parking spaces required for the existing single-family residence. If the primary residence was legally constructed at a time when on site parking was not required, then only the parking space(s) for the Accessory Dwelling Unit� � shall be required. Off-street parkin� shall be permitted in setback areas in [locations determined by the City] ar through tandem parking Parking standards will not be imposed far an Accessory Dwelling Unit in an. o� followin� instances: (1) The Accessor_y Dwelling Unit is located within one-half mile of public transit. (2) The Accessory Dwelling Unit is located within an architecturally and histaricallX si�nificant historic district. (3) The Accessory Dwelling Unit is part of the existin�primary residence or an existing accessory structure. (4) When on-street parkin�permits are required but not offered to the occupant of the Accessor_y Dwellin� (5) When there is a car share vehicle located within one block of the Accessory Dwelling Unit. � �L The Accessory Dwelling Unit�must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the city with the type of ineter arrangement at the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for a second dwelling unit. No new water or sewer connection fees ma. b�quired for Accessory Dwelling Units that are contained within the existing space of a single-familX 4 residence or accessory structure as provided in Sections 3731A.D and 3861.B. AccessorX Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. � �J. The Accessory Dwelling Unit �°��r� ��r�* shall comply with all applicable requirements of this code. 3K. The maximum height for Accessory Dwelling Unitsc°�^r� shall be eighteen feet (18'), except for attached accessor_y dwelling units, which shall have a maximum height of thirt. f�et (30'), pursuant to Section 9018 of this Chapter. Taller units may be approved through the use permit process. �L. The following yard setback requirements shall apply to �Accessor_y Dwelling Unitsc°^^ra �'«�°"�rrt��r�*� in the R-1 (single-family residential) zoning district: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet (5'). 2. Side Yard, Single-Story: Side yard for single-story unit: Five feet (5'). 3. Side Yard, Two-Story: Side yard for two-story unit: Ten feet (10'). 4. Rear Yard, Single-Story: Rear yard for single-story unit: Five feet (5'). 5. Rear Yard, Two-Story: Rear yard for two-story unit: Ten feet (10'). If the subject parcel abuts a differently zoned parcel, then the side and rear yard setbacks shall be the same as for the adjoining parcel. Existing structures proposed for conversion to an Accessory Dwelling Units�e� � must comply with the above yard setback requirements, except that no setback will be required far an existin�garage that is converted to an accessory dwelling unit. A setback of no more than five feet from the side and rear lot lines shall be required for an accessary dwelling unit that is constructed above a gara�e. I �M. The proposed Accessory Dwelling Units�shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family residence unless it is not obviously visible from the street in front of the residence. I �4N. One of the units on the parcel shall be occupied by the property owner. � �O. Any balcony, window or door of an Accessor_y Dwellin� shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on site primary residence. In 5 addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not a�plv to an Accessary Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure. � 9P. Driveways accessing Accessory D�welling Units�°��r� ��r�*� shall be set back a minimum of five feet (5') from any structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway. g�. The minimum width of a driveway serving an Accessory Dwellin�Unit�� �'�=�°"�r���r�* shall be °;��twelve feet(�-�12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the second unit even though � the driveway has a width less than twelve feet (�12'). QR. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to article 20 of this chapter. S. A�plications for a building_permit for an accessory dwelling unit shall be considered ministerially without discretionary review or a hearing within 120 da. s� receivin t��plication. * * * §9018 BUILDING HEIGHT LIMITS The following shall be the maximum limits for height of buildings in single-family residential (R-1) districts: A. For single-family dwellings and attached c°�^ra �'«�°"�rrt��r�*�accessory dwelling units, a maximum height of thirty feet (30'). B. For accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building whichever is less. C. The height limits for both dwelling units and accessory structures may be exceeded with the securing of a use permit. The height limit for second dwelling units may be exceeded through the second unit use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. * * * §9021 REQUIRED PARHING A. The minimum parking area required in single-family residential (R-1) districts is two (2) on site independently accessible spaces for each dwelling unit. Second dwelling units 6 require one additional on site independently accessible parking space, except as provided in Section 9016 of this Chapter. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this chapter. SECTION 2 Section 9278 in Division 9, Chapter 2,Article 21 of the Ukiah City Code (unchanged text is omitted and is shown by "* * *"): � � � DWELLING LTNIT: A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. DWELLING LTNIT, c�r�n�.rr�n nvACCESSORY: ^ � ra�r�,r �;�°r*;�� �,,;��;rrt , , ;,ao �� An attached or a detached residential dwelling unit, located on a parcel in the R-1, R-2, and R-3 Zonin�Districts that has been developed with a primary sin�le-famil_y residence, which provides complete independent living facilities for one ar mare persons. It can be wholly contained within the footprint of the existin�primary, sin�le-family residence or an existing accessary structure. It shall include permanent provisions far living, sleeping� eating, cookin�, and sanitation on the same parcel as the single-famil_y dwellin��is situated. An Accessory Dwelling Unit also includes the followin� (A) An efficienc_y unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safet.� EASEMENT: A right given by the owner of land to another party for specific limited use or enjoyment of that land. * * * SECTION 2 l. SEVERABILITY. If any section, subsection, subdivision,paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, 7 subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on , 2017 by the following roll call vote: AYES: NOES: AB STAIN: ABSENT: Adopted on , 2017, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 8 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UHIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UHIAH CITY CODE TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Section 3702.5 of Division 4, Chapter 2,Article 3 of the Ukiah City Code is amended to read as follows: §3702.5 SEWER REQUIRED Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this ordinance. A public sewer shall be deemed to be available if a public sewer is located within two hundred feet (200') of the property line of the property involved. However, no new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the proper public sewer will be required for an Accessory Dwelling Unit contained within the existing space of an existing primary residence or accessory structure and located in the R-1 zone. SECTION 2 Division 4, Chapter 2,Article 12 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §3731A SEWER CONNECTION CHARGES The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the city and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit (ESSU) per dwelling unit connected to the wastewater system based on the number of bedrooms according to the following schedule: 1 Connection Fee ESSU 1. One bedroom $ 9,820.00 0.9 2. Two bedroom 10,911.00 1.0 3. Three bedroom 12,002.00 1.1 4. For each additional bedroom 1,091.00 0.1 * * * D. Connection Fees for Accessory Dwelling Units 1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. 2. As noted in Section 3702.5 of this Chapter, the City will not require new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the sanitary sewer system for an Accessory Dwelling Unit contained within the existing space of an existing primary residence or accessory structure and located in the R-1 zone. Notwithstanding Section 3734A, the City shall not impose a connection fee or capacity charge for this type of Accessory Dwelling Unit. 3. Accessory Dwelling Units that are not contained within the existing space of an existing primary residence or accessory structure or not located in the R-1 zone, the City may charge a connection fee or capacity charge that is proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. SECTION 3 Section 3861 of Division 4, Chapter 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §3861 WATER CONNECTION FEES A. Payment of Fees The storage and transmission and production and treatment facilities' fees are based on the size of the service. Said fees shall be due and payable prior to use and occupancy of the new facility requiring the service. No certificate of occupancy shall be issued and permanent water service shall not be provided until payment is received. 2 B. Connection Fees for Accessory Dwelling Units l. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges. 2. No new water connection shall be required, and no fee charged, for an Accessory Dwelling Unit (as defined in Section 9278 of this Code) contained within the existing space of an existing primary residence or accessory structure and located in the R-1 zone. 3. Accessory Dwelling Units that are not contained within the existing space of an existing primary residence or accessory structure or not located in the R-1 zone are subject to connection fees as provided in Section 3861. SECTION 4 Article 3 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §9016 ALLOWED USES The following uses are allowed in single family residential (R-1) districts: * * * Accessory Dwelling Units on parcels developed with a single-family residence subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing Accessory Dwelling Units as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing Accessory Dwelling Units as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming,provided that they were legal at the time of their creation. B. Pursuant to California Government Code 65852.2(a)(1)(C), accessory dwelling units do not exceed the allowable density for the lot upon which the Accessory Dwelling Unit is located, and that Accessory Dwelling Units are a residential use that is consistent with the existing general plan and zoning designation for the lot. C. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the applicable zoning district, and any other requirements of this Code are met. D. The Accessory Dwelling Unit may be used for rental purposes. E. Accessory Dwelling Units may be attached to existing single-family residences or detached as separate structures. Accessory Dwelling Units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the 3 main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. F. The minimum lot size upon which an Accessory Dwelling Unit may be placed is five thousand(5,000) square feet for an interior lot, and seven thousand(7,000) square feet for a corner lot. G. The maximum size of an Accessory Dwelling Unit shall be ten percent (10%) of the lot size with a maximum size of seven hundred fifty(750) square feet. Larger units may be approved through the use permit process. The increased floor area of an Accessory Dwelling Unit that is attached to the primary residence shall not exceed 50 percent of the existing living area. H. Parking requirements for the Accessory Dwelling Unit shall be one off street space (independently accessible or tandem) for each bedroom in addition to the two (2) independently accessible parking spaces required for the existing single-family residence. If the primary residence was legally constructed at a time when on site parking was not required, then only the parking space(s) for the Accessory Dwelling Unit shall be required. Off-street parking shall be permitted in setback areas in [locations determined by the City] or through tandem parking Parking standards will not be imposed for an Accessory Dwelling Unit in any of the following instances: (1) The Accessory Dwelling Unit is located within one-half mile of public transit. (2) The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. (3) The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit. (5) When there is a car share vehicle located within one block of the Accessory Dwelling Unit. L The Accessory Dwelling Unit must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the city with the type of meter arrangement at the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for a second dwelling unit. No new water or sewer connection fees may be required for Accessory Dwelling Units that are contained within the existing space of a single-family residence or accessory structure as provided in Sections 3731A.D and 3861.B. Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. J. The Accessory Dwelling Unit shall comply with all applicable requirements of this code. 4 K. The maximum height for Accessory Dwelling Units shall be eighteen feet(18'), except for attached accessory dwelling units, which shall have a maximum height of thirty feet(30'), pursuant to Section 9018 of this Chapter. Taller units may be approved through the use permit process. L. The following yard setback requirements shall apply to Accessory Dwelling Units in the R-1 (single-family residential) zoning district: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet (5'). 2. Side Yard, Single-Story: Side yard for single-story unit: Five feet (5'). 3. Side Yard, Two-Story: Side yard for two-story unit: Ten feet (10'). 4. Rear Yard, Single-Story: Rear yard for single-story unit: Five feet (5'). 5. Rear Yard, Two-Story: Rear yard for two-story unit: Ten feet (10'). If the subject parcel abuts a differently zoned parcel, then the side and rear yard setbacks shall be the same as for the adjoining parcel. Existing structures proposed for conversion to an Accessory Dwelling Unit must comply with the above yard setback requirements, except that no setback will be required for an existing garage that is converted to an accessory dwelling unit. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. M. The proposed Accessory Dwelling Unitsshall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single- family residence unless it is not obviously visible from the street in front of the residence. N. One of the units on the parcel shall be occupied by the property owner. O. Any balcony, window or door of an Accessory Dwelling Unit shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not apply to an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure. 5 P. Driveways accessing Accessory Dwelling Units shall be set back a minimum of five feet(5') from any structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway. Q. The minimum width of a driveway serving an Accessory Dwelling Unit shall be twelve feet(12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the second unit even though the driveway has a width less than twelve feet(12'). R. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to article 20 of this chapter. S. Applications for a building permit for an accessory dwelling unit shall be considered ministerially without discretionary review or a hearing within 120 days after receiving the application. * * * §9018 BUILDING HEIGHT LIMITS The following shall be the maximum limits for height of buildings in single-family residential (R-1) districts: A. For single-family dwellings and attached accessory dwelling units, a maximum height of thirty feet (30'). B. For accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building whichever is less. C. The height limits for both dwelling units and accessory structures may be exceeded with the securing of a use permit. The height limit for second dwelling units may be exceeded through the second unit use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. * * * §9021 REQUIRED PARHING A. The minimum parking area required in single-family residential (R-1) districts is two (2) on site independently accessible spaces for each dwelling unit. Second dwelling units require one additional on site independently accessible parking space, except as provided in Section 9016 of this Chapter. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this chapter. SECTION 2 6 Section 9278 in Division 9, Chapter 2,Article 21 of the Ukiah City Code (unchanged text is omitted and is shown by "* * *"): � � � DWELLING LTNIT: A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. DWELLING UNIT, ACCESSORY: An attached or a detached residential dwelling unit, located on a parcel in the R-1, R-2, and R-3 Zoning Districts that has been developed with a primary single-family residence, which provides complete independent living facilities for one or more persons. It can be wholly contained within the footprint of the existing primary, single-family residence or an existing accessory structure. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An Accessory Dwelling Unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. EASEMENT: A right given by the owner of land to another party for specific limited use or enjoyment of that land. * * * SECTION 2 l. SEVERABILITY. If any section, subsection, subdivision,paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. 7 Introduced by title only on , 2017 by the following roll call vote: AYES: NOES: AB STAIN: ABSENT: Adopted on , 2017, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 8