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HomeMy WebLinkAbout1997-02-19 Packet ITEM NO. 2 DATE: February 19, 1997 AGENDA SUMMARY REPORT SUBJECT: SPECIAL MEETING - PLANNING ORIENTATION SUMMARY: Planning and building services in the City of Ukiah are provided by a staff of five professionals, including a Planning Director, a Senior Planner, an Associate Planner, a Building Inspector, a Building Plans Examiner (~ time), and a Code Enforcement Officer (~ time). Collectively, their daily responsibilities very generally consist of implementing the General Plan; processing various discretionary permits through the Planning Commission and City Council; conducting environmental impact assessment of public and private projects; implementing and maintaining the Zoning Code; providing the City Manager with advice on planning matters; assessing development referrals from other agencies; examining development plans for (continued on page 2) RECOMMENDED ACTION: Conduct the planning orientation. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager; and Mike Harris, Asst. City Manager Attachments: Planning Topics Summaries: General Plan; Zoning; CEQA; Subdivisions; Permit Processing APPROVED: ~ City IV~nager Candace Horsley, Page 2 compliance with various building codes; issuing building permits; conducting field inspections for all building permit applications; and investigating and abating violations related to various City codes. These work topics will be more fully described by staff at the subject planning orientation, as will a brief description of the major and on-going projects related to planning in and around the City. Also, attached to this report the Council will find summaries or excerpts of subject matter pertinent to the daily operation of the Planning Department. acts a:s a: onst tut~on. ::or: :'bluepnnt.::for?development;::the,:foun'dat:~on::upo.n which all: land ;use; deCiSions:: are:to :be:based: Plan serves: as ageneralized::and::.dYnami::c PiCtu:re::of':the PUZZle::: The plan FaCilities: The: Ge neral i Plan ~is meant: to: be,tailored::to:::a n: :ind ivid Ual comm u n itY in terms of its topical SUbjeCt areas: consistent with;the goals, ::objectives:,. .an'd Policies of:.;the General,Plan: imPlementati'on: ::of: the;: broad poliCy,statements :contained ina lOcal General the Provisions:~of.the.loCal General:.Pla:n: While local citieS and: counties' deVelop::, .their ,'own SpeCific: zoning diStricts, : ' :. '' II II" ' ' ples'includ'e ":R"I" (single family res~denbal), .R-3:: (multiple famdy ~~=rci'al), "C~N" :(neighborhood :commercial), and allowed, permitted, and/or prohibited Within: .eaCh diStrict.: : Land.. uses of deVelopment.parameters.within each land :use zone, :The:.oalifornia'iEnvironmentali QUalitY iAct:(CEQA):.wasi :eniacted:'iin· ~ 970 :as a System: of checks and balances for land;use degel0Pment and management d~cisiOns :in. California:..i:i.: i ::Its ~:.~:prima~:': purp.0ses ~! !are: ito::!maintain ai 'qualitY environme'nt for ::the citizen: in C'alifornia now: :and:: in: the 'fu:ture;' and:.tO.:aSSure Public..disclosure.:and:'participation' in' th'e:required:'environmental:::an:alYsis PUblic. land private:lancjldevel°pment:Proj'eCtSiiii:i:.: :. ::.: :.: il..':. ' The ! City of Ukiah guidelines:: for! implementing, the !California :Environmental QUalitY Act 'are intended. to ipr0vide: the same!:: cheCkS: and:balances;, and:: maintain:the high quali:ty:::ofltheiiienvironmentalsettin:g:iiin:::the'city; :'!n :addition;' the Guidelines have.been:: prePared. Withi:::the.:intenti of::beingi easily understood and interpreted: by the ..general' public:,i ::. : The?ICity. of' :Ukiah. :recognizes: and Supp°rts'the State legislative intent:.:!t°: eh:sure: PubliC:: iaccess:.and: participati°n in the:.environme'ntal, review.process:for:land: d'evelopment:p:r0jects: ::Citizen. involvement in/ocal:gOvernment activitieS:shoUld :bei a.vi~ue and: an Obligation.. . . . .'... . · . · . . . . · The baSic purposes of CEQA are to: 1):inform governmentaI decision;makers : and!:the pUbliC aboUtlthe:.enVir0'nme:ntal?effeCts::ofilProP°Sed land:deveiopment: ' activities;: :2 ) involVe the Public :in: the. deCiSion~makingprocess:;: 3): identi~:ways. that impacts to the :environment can : be:"avOided:ior significantly !reduced;:: and 4) prevent environmental :impacts : by ..requiring :m'odificatio:ns:iin ithe:::pr0jecti'. through the use of mitigation measures oralternatiVe::desig:ns;:.: :: 2. OVERVIEW~ AND"SUMMARYi OF PROCEDURESi?~: ~:': ~..!~:i:.'~ A. CEQA APPLICABILITY Once a :development::proPosali. iSiliSUbmitted;::iiiti'isi::..reviewed:!:to determine, if it is: considered:: a:::CEQAi,project,:i:'and, is::therefore · ...u. :.. ::::.,......ti ' subject:: :to': further:':rewew~ .:..:.:CEQAi.i:i:defines:: a!i project d iscretio n a ry .: action :' that i: may:!'ica us environment.: :'HoWever, even:::th0u'gh:::'iit "project'i: it: may :still: be: exempti'from::environmental:ireview, Bi EXEMPT FROiMi : Basically, there::, are two :i:typeis:i.?i:ofii..:exemptio-ns:::::!::fr0m:.:..:the:: environmentali.'ireview 'process:.i::~i:i'i: categorical .:i.and::i.' statutory:' c'ategorical iexemptions: apply::tei certain :: classes.:: of: projects :that have: been determined:.: by the :state:Secretia~::of:Resolurces:to. "i not:have:a:significantladverse:effecto:n::the:envir0nment; These projeCts.:can: include: landscaping,':i, sign:si! :smali:!:iresidential' !and commercial:: structures, minor:'lOt:: linei!:.'adjustments~:: land ..the replaCement/rec0nstructi0n i: :ofi b Uilding s ;.: :and.: otherl minor: i tYPeS: of projects:. :::'.: :" C. : :INITIAL:STUDIES, NEGATIVE:DECLA~TIONSi, i.iANDi:EIR!:s: :::. :: .. i:' If :it:'is :determined. that: a:-.:developmentiiprOpOsal"iq:ualifies as .a: "project".according to CEQA, andis:.not preparean Initial StUdyi: i 'Th'isw0rk effort 'determi:nes:: whether or: not a Negative :. 'Declaration ! Or i. El R ::i ::. is.: ::need ed i for ::: thei:.project: . Information for::the preParationiof:thei.:lnitial:Stu:dY:::isi.:gatheredl.by i staff:and inctudes .an Environmentallnformation:Form'completed.: bY the: applicant: and .submitted:With i.the::i :apPli~tiOn.::': iIOther environmental, reference'material maintained:: bY:Cityi staff is alSo" Used. d:uring ithe: preparation:::of: the.:lnitial:::Studyi:::: Ifthe: Initial:: Study identifies: significant:~a:dVersei imPactS:,ilstaff, i iln: c0nSUltation with: . :'the':::: applicanti i:and :'respo:nsible:'.::agenciesi:' iwill .prePare: mitigation, measures:, and incorporate theminto:thei.:project, ;:if no i: significant adVerse. :impacts : are :idle:ntified,.. 0ri.iif: the. :Project. is revised :to include reasonable: :.:':and: appropriate:mitigation measures, the COnclUsion ::of::the:.:initial::StUdy !!is:.th:ati!there is.ino significant:::impaCtsi and a ! Negative.! Declaration:: is: appropriatei::: If.: :a.. Significant:: :adverse :. enviro nme. ntai ~i: ilmpact: :iSl.i identified. :that. cannot:be: suCcessfUllY: mitigated,::the::initiai StudY :.slhali conclude that:the project will :have:.significant: :effects::: Oni:t'he ::envir°nment and :that an Environmental Impact :Re'P:O~::is: :required:::: Figure: B. illuStrates the enviro'nmental::review:process~:: i '. : · ..... .. . . . Figure B Lead Agency Decision to Prepare an EIR Chapter 6 ~ CEQA Action Proposed Not a Project Project ,, Ministerial Project 1! tr Discretionary Exempt from CEQA Non-Exempt Prepare Initial Study No Impacts NOTICE OF EXEMPTION NEGATIVE DECLARATION NO EIR REQUIRED Impacts NEGATIVE DECLARATION WI MITIGATION 'Ir PREPARE EIR Reprinted from CE~)A: Statutes and Guidelines (1992) Governor's Office of Planning and Research · 93 become an undue bUrden::on:th CITY OF UKIAH PLANNING DEPARTMENT Development Permit Processing Guide INTRODUCTION All land within the City of Ukiah is divided into different zoning districts. The Zoning Ordinance of the Ukiah Municipal Code has established, for each zoning designation, the types of land uses which are permitted by right without further City review, and those uses which may be conditionally permitted by approval of a discretionary permit. Uses which are not listed in the Zoning Ordinance as permitted by right or permitted with a discretionary permit are prohibited. The most common types of discretionary permits processed by the City Planning Department are Use Permits and Site Development Permits. On occasion, Variances, Rezonings, and General Plan Amendment are also applied for and processed. USE PERMITS AND SITE DEVELOPMENT PERMITS All Use Permits (U.P.) and Site Development Permits (S.D.P.) require public hearings. Non-controversial and Iow intensity proposals are considered "minor," and may be considered by the City Zoning Administrator in a semi-formal public hearing within the City Planning Department offices. Larger scale and potentially controversial Use Permits and Site Development Permit applications are considered by the Planning Commission in a more formal public hearing in the City Council Chambers. The City Planning Commission meets at 7:00 p.m. on the 2nd and 4th Wednesday of every month. TIME FRAME FOR PROCESSING Generally, action is taken on development permit applications by the City Zoning Administrator or Planning Commission within 4 to 6 weeks from the date the application submitted. If detailed environmental review is required by the California Environmental Quality Act, the processing time can be extended. You will be notified of the environmental review requirements and processing timeline approximately 2 weeks after the application is submitted for processing. COMPLETE VS. INCOMPLETE APPLICATION California law allows the City up to 30 days to determine if a development permit application is complete or incomplete for processing. A complete application is one that provides all reviewing departments the enough information to fully understand the proposal. All required information for a complete application is listed on the individual application forms. Planninq staff will make a determination within 10 working days as to whether the submitted application is complete for processino. If your application is deemed incomplete for processing, you will receive a letter from Planning Department staff indicating why, and what information you must submit to make the application complete. MANDATORY FINDINGS State and City of Ukiah laws require that in order for a Use Permit to be granted, a mandatory finding must be made that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City. City of Ukiah zoning laws require that in order for a Site Development Permit to be granted, findings must be made that the proposal will not create hazardous traffic conditions, erode parking availability, detract from or adversely impact adjoining land uses, damage or destroy natural features, or provide a monotonous, unpleasant architectural appearance. Required findings for Variances, Rezonings, and General Plan Amendments are more complex, and can be more difficult for the Planning Commission or Zoning Administrator to make. Please refer to the City Zoning Ordinance or stop by the City Planning Department to discuss these types of applications, and the findings required for their approval. APPLICATION PROCESS STEP 1: PRE-APPLICATION RESEARCH - Before starting plans, call or visit the City Planning and Building Department for zoning information, restrictions and other policies/regulations which may affect the design of your project. It will save you time at the information counter if you know your Assessor's Parcel number; it can be found on your property tax bill. STEP 2: SUBMIT APPLICATION AT PLANNING & BUILDING DEPARTMENT- The submittal requirements for development permit applications are listed on the individual permit application forms. Please check with the counter planner if you have any questions regarding any of these items. Incomplete or unclear applications will not be accepted for processing. STEP 3: DETERMINATION OF COMPLETENESS- The planner assigned to your project will review your application for completeness. State law requires that a determination of application completeness be made within 30 days of its submittal. However, City staff will make this determination within 10 working days. If it has been deemed incomplete, the letter will indicate exactly what information is needed to make the application complete for processing. STEP 4: STAFF APPLICATION PROCESSING - A planner will be assigned to process your application. The assigned planner will transmit your plans and application materials to relevant public agencies and departments, such as the City Fire Department, Utility Department, Public Works, etc. for their review and comment. The proposal will be discussed informally at a Project Review Committee meeting, which is attended by representatives of the above departments. All project applicants are strongly encouraged to attend the meeting to discuss the proposal and learn of potential requirements from each reviewing department. STEP 5: ENVIRONMENTAL REVIEW DETERMINATION - Once the application has been deemed complete, the City Environmental Coordinator will determine if it is exempt from the requirements of the California Environmental Quality Act (CEQA). If it is exempt, the project will be scheduled and noticed for a public hearing. If it is not exempt, the assigned planner will prepare an initial study of potential environmental impacts to determine what effects the project may have on the environment, and what mitigation measures should be imposed to off-set those impacts. If significant adverse effects are identified, and the project is not revised to avoid those impacts, an Environmental Impact Report will be required. STEP 6: PUBLIC NOTICE - Once the required environmental analysis and documentation has been completed, the City will send a notice to owners of all properties within 300 feet of your property indicating what it is you are proposing, and the date, time and place of the public hearing. STEP 7: ACTION - Your application can either be approved, approved with conditions, or denied. The Zoning Administrator or Planning Commission will take into account any information or comments from relevant departments, agencies, and the general public, and render a decision. STEP 8: APPEAL - The actions of the Zoning Administrator and Planning Commission are final unless an appeal in writing is received by the Planning Department or City Clerk within 10 days from the date of action. The Planning Commission will act on an appeal to sustain, modify, or overrule the Zoning Administrators action. For appeals of the Planning Commissions action, the City Council will sustain, modify, or overrule the previous decision. The counter planner can answer all questions concerning the appeal process.