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HomeMy WebLinkAboutCC Reso 2021-41 - Approving Initial Study/Negative Declaration and General Plan Amendment No. 21-011 RESOLUTION NO. 2021-41XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN INITIAL STUDY/NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT NO. 21-01 TO ALLOW FOR INCREASED DENSITY AND LOT COVERAGE IN COMPLIANCE WITH THE GENERAL PLAN HOUSING ELEMENT AND STATE HOUSING LAWS. WHEREAS: 1.State Planning Law allows any mandatory element of the General Plan to be amended as many as four times in a calendar year; and 2.A duly noticed Planning Commission hearing was held on July 14, 2021 to consider the Draft General Plan Amendment and Negative Declaration, and after receiving testimony, considering the staff report, and due deliberation, the Planning Commission formulated a recommendation to the City Council to adopt the General Plan Amendment and Negative Declaration; and 3.The City Council has reviewed the Draft General Plan Amendment and Negative Declaration and conducted a public hearing; and 4.The Initial Study and Negative Declaration adequately assesses the impacts of this General Plan Amendment NOW, THEREFORE, BE IT RESOLVED that: 1.The City Council hereby approves the Final Initial Study/Negative Declaration and Findings to Adopt a Negative Declaration for General Plan Amendment No. 21-01, dated June 7, 2021, pursuant to the Requirements of the California Environmental Quality Act (CEQA), attached hereto as Exhibit A. 2.The City Council hereby approves General Plan Amendment No. 21-01 (Exhibit B). PASSED AND ADOPTED this 15th day of September 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Juan V. Orozco, Mayor ATTEST: Kristine Lawler, City Clerk Councilmembers Rodin, Duenas, Brown, and Mayor Orozco None Councilmember Crane None CALIFORNIA ENVIRONMENTAL QUALITY ACT DRAFT INITIAL STUDY AND NEGATIVE DECLARATION FOR HOUSING RELATED ZONING CODE UPDATES June 7, 2021 Prepared by: City of Ukiah Community Development Department Planning Division 300 Seminary Avenue, Ukiah, CA 95482 Exhibit A Table of Contents I. PROJECT INFORMATION 1 II. PROJECT DESCRIPTION 2 1. Project Location 2 2. Environmental Setting 2 3. Background 2 4. Project Components 3 2019-2027 Housing Element Implementing Programs 3 Housing-Related State Legislation 4 III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 2 IV. DETERMINATION 3 V. EVALUATION OF ENVIRONMENTAL IMPACTS 5 1. Aesthetics 5 2. Agriculture and Forestry Resources 8 3. Air Quality 9 4. Biological Resources 11 5. Cultural Resources 13 6. Energy 16 7. Geology and Soils 17 8. Greenhouse Gas Emissions 18 9. Hazards and Hazardous Materials 19 10. Hydrology and Water Quality 22 11. Land Use and Planning 23 12. Mineral Resources 25 13. Noise 25 14. Population and Housing 27 15. Public Services 28 16. Recreation 29 17. Transportation 30 18. Tribal Cultural Resources 32 19. Utilities and Service Systems 34 20. Wildfire 35 21. Mandatory Findings of Significance 36 VI. REFERENCES 38 ATTACHMENTS A. Proposed Zoning Code Text Revisions B. Proposed Objective Design and Development Standards for New Residential Construction (Article 5.75) C. Proposed Flexible Parking Standards D. List of California Native American Tribes contacted under Senate Bill 18 1 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah I. PROJECT INFORMATION Project Title: Housing Related Zoning Code Updates Lead Agency Address and Phone Number: City of Ukiah 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 Project Contact Person and Phone Number: Mireya G. Turner, Planning Manager City of Ukiah Community Development Department (707) 463-6203 mturner@cityofukiah.com CEQA Contact Person and Phone Number: Michelle Irace, Planning Manager City of Ukiah Community Development Department (707) 463-6268 mirace@cityofukiah.com Project Location: All properties within the City of Ukiah limits zoned for commercial and residential land uses City of Ukiah General Plan Designations: Commercial and Residential land use designations • Commercial • Low Density Residential • Medium Density Residential • High Density Residential City of Ukiah Zoning Districts: Commercial and Residentially-zoned properties: • Article 3 “R-1” Single-family Residential • Article 4 “R-2” Medium Density Residential • Article 5 “R-3” High Density Residential • Article 6 “CN” Neighborhood Commercial • Article 7 “C-1” Community Commercial • Article 8 “C-2” Heavy Commercial • Article 20 Administration and Procedures • Article 21 Definitions 2 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah II. PROJECT DESCRIPTION 1. Project Location The Housing Related Zoning Code Updates (“Proposed Project”) includes all residential and commercial zoned properties within the City of Ukiah limits. See Figure 1, Location Map and Figure 2, Zoning Map. 2. Environmental Setting The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities. Further west is undeveloped open space, and steep, densely vegetated areas interspersed with rural residential lots within the Western Hills and Mendocino County’s jurisdiction. The City of Ukiah sits in the Ukiah Valley in central Mendocino County, with elevations varying from approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding the city. Ukiah is located along the Highway 101 corridor and near the east/west intersection of Highway 20, two hours north of the Golden Gate Bridge. The City of Ukiah is situated within the Coast Range geologic province. The North Coast Range is comprised of a geologic feature unique to California, the Franciscan Formation, which dictates the vegetative communities. The Franciscan Formation is comprised of serpentine, sandstone, and other sedimentary rocks. This area is characterized by a Mediterranean climate; the winters are cool and wet, and the summers are hot and dry. Annual temperatures for this region range from about 30 to 100 degrees Fahrenheit. The Ukiah Valley is located approximately 30 miles east and inland from the Pacific Ocean. It runs north-south for approximately nine miles, with a maximum width of three miles. The Russian River enters the valley at the north end and runs south along the valley floor. 3. Background The City’s first General Plan was originally adopted in 1974, updated in 1995, and was last amended in 2019, with adoption of the 2019-2027 Housing Element. The General Plan serves as a blueprint for future development and growth of the community. The City is currently in the process of completing a General Plan Update (the “2040 General Plan”) that will map out the vision for community development through 2040; until the new General Plan is adopted, the 1995 General Plan (as amended in 2019) is considered the applicable plan. The 2019-2027 Housing Element was adopted by the Ukiah City Council on October 23, 2019, and certified by the California Department of Housing and Community Development (HCD) on December 5, 2019. The Housing Element must demonstrate the availability of appropriately zoned land needed to meet the Regional Housing Needs Allocation (RHNA) (Government Code Sections 65582(a)(3)) and 65582.2(a)), and represents the City of Ukiah’s efforts 3 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah to fulfill requirements under the State Housing Element Law and responds to Ukiah’s housing needs by identifying policies and implementing actions for meeting those needs. Specifically, the Housing Element contains five (5) Goals, 19 Supporting Policies, and 33 Implementing Programs to promote and facilitate housing within the City of Ukiah. Zoning and land use are governed by the City’s Zoning Ordinance, as outlined in Division 9, Chapter 2 of the Ukiah City Code. The purpose of the Ukiah Zoning Code is to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare. Residential development of varying intensity is allowed in all zoning districts of the Ukiah Zoning Code, with the exception of the Manufacturing and Public Facility Zoning Districts. The intent of the Proposed Project is to amend the Zoning Code in order to enact several Implementing Programs identified in the Housing Element. In addition, the proposed amendments are in accordance with recent State laws regarding facilitation of housing. California is in the midst of a housing crisis in which communities throughout the State are challenged with accommodating their fair share of housing production (as identified through the RHNA). The housing shortage has prompted the State legislature and Governor to enact new laws requiring cities and counties to streamline housing approval by establishing a by-right, ministerial approval process for all new residential construction, excluding single-family homes. 4. Project Components The City of Ukiah is proposing Housing-related Zoning Code amendments to the City of Ukiah’s Municipal Code. The Housing-related Zoning Code amendments include enacting both the City of Ukiah’s 2019-2027 Housing Element Implementing Programs and updates required for compliance with new State laws (“Proposed Project”). Summaries of the Implementing Programs and the State laws related to the proposed Zoning Code amendments are listed below. A complete list of Implementing Programs are included as Appendix G of the Housing Element which may be found at http://www.cityofukiah.com/projects/housing-element-update/. 2019-2027 Housing Element Implementing Programs 1e: Develop Objective Multifamily Residential Design and Development Standards. Develop Objective multifamily residential design and development standards, including standards for multifamily in the R-2. R-3, C-1, and C-2 zones (2019-2027 Housing Element Program 2h). If a project is in compliance with these standards, their project will be ministerial, and will only require a building permit, rather than a Use Permit/Site Development Permit. These design standards would both facilitate development at the allowable densities and provide guidance and certainty in design standards to ensure quality housing is developed in the community. The Objective Design and Development Standards (“Objective Standards”) were approved by the City Council, in concept, in December 2020, and are included in Attachment B. The Objective Design and Development Standards will be included in the Proposed Project for final City Council review and approval. 2h: Ensure Capacity of Adequate Sites for Meeting Regional Housing Needs Allocation (RHNA). The following Zoning Code amendments to streamline housing production in order to meet the City’s new RHNA allocation of 239 units from the 2019-2027 Housing Element: 4 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah • Revise C-1 and C-2 Zones to allow by-right housing development, with objective design and development standards. Housing types allowed by-right will include multifamily, Single Room Occupancies (SROs), duplexes, triplexes, and fourplexes. • Revise the R-2 Zone to allow up to 15 dwelling units per acre (du/ac) instead of 14 dwelling units per acre. • Revise the C-N Zone to increase residential density from 6 du/ac to 15 du/ac and allow similar housing types as those allowed in R-2. 2l: Compliance with AB 2162. Revisions to the Zoning Code to allow supportive housing by right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses. 3a: Modifications to Development Standards to Maximize Housing Development. Maximize housing development by amending development standards pertaining to height, density, setback reduction, site area. These Zoning Code amendments include: • Increasing maximum allowable height for new residential buildings. • Increasing density. • Reducing yard setbacks. • Reducing minimum site area. • Revising the R-1 (Single-family Residential) and R-1-H (Single-family Residential- Hillside Combining) 1 zoning districts to allow by-right and/or permit other residential building types and densities. 3b: Flexible Parking Standards. Include Flexible Parking Standards that reduce parking requirements, specifically in zoning districts that allow for lower-income housing developments, in order to streamline and remove barriers to multifamily housing development. The Moderate Parking Standards, and Unbundled Parking (with a minimum of one (1) parking space per dwelling unit) were approved by the City Council, in concept, in December, 2020, and are included in Attachment C. Flexible Parking Standards will be included in the Proposed Project for final City Council review and approval. Housing-Related State Legislation Senate Bill 2(Approved by Governor 10/13/2007) amended GC • GC 65583(b)(3): Supportive and transitional housing shall be a use by right anywhere residential uses are by right. Also, they are to be evaluated only by the criteria for residential uses of similar size. • Added definition of supportive and transitional housing to GC Senate Bill 234 (Approved by Governor on 9/5/2019): Jurisdictions cannot require discretionary permits for large or small family daycares in any zoning district allowing for primary residential use. 1 Although identified in Implementation Program 3a, the Hillside Overlay District is not included in the proposed amendments at this time. 5 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah Assembly Bill 101 (Approved by Governor on 7/31/19) Adding Low barrier Navigation Centers as a use by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets specified requirements. Assembly Bill 3182 (Approved by Governor on 9/28/2020) Regarding Rental Restrictions (amendment to 9016 R-1) Requires ministerial approval of one ADU and one JADU per parcel with a primary SFD. Previously was one ADU or one JADU. Assembly Bill 2162 (Approved by Governor on 9/26/2018) Supportive housing is a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily, uses. Prohibits requiring parking if within one-half mile of a public transit stop. A summary of the proposed amendments are provided in Table 1 below, and proposed Zoning Code text amendments are included as Attachment A. Text proposed for deletion is shown in Strikethrough, while text proposed to be added is shown in Underline. The proposed Zoning Code Amendments will also require an amendment to the City of Ukiah’s General Plan to increase allowable building density proposed in the Zoning Code Amendments. While the proposed changes include policy changes to facilitate housing development, no development or physical changes to the environment are proposed. 1 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah Table 1, Summary of Proposed Zoning Code Amendments PROPOSED ZONING CODE AMENDMENTS Zoning District Developme nt Standard R1 R2 R3 CN C1 C2 Density No change: 6 dwelling units per acre (du/ac) Changing from 14 du/ac to 15 du/ac No change: 28du/ac) Changing from 6 du/ac to 15 du/ac No change: 28 du/ac) No change: 28 du/ac) Height No change: (30 ft and for accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building whichever is less). Changing from 30 to 35 ft for main bldgs. No change to accessory (20 ft or the maximum height of the main building whichever is less) Changing from 40 to 50 ft for main structures, unless abutting R1 or R2 (then 35 ft). no change to accessory structures (30 ft) Changing from 30 to 35 ft for main bldgs. No change to accessory (20ft) No change (50ft) Changing from 40 ft to 50 ft for primary and 20 to 30 ft for accessory Setbacks Reduced: front- 15 ft (but 25 for garage/accessor y structures); sides-10 ft (no change); rear-15 ft. Sides/rear for accessory-5 ft. Corners-15 ft. No change to 4 ft side and rear for Accessory Dwelling Units (ADUs) No change for SFDs but reduced for multifamily: front-10 ft (25 ft for garage); sides-5 ft; rear-10 ft (but 15 for multi- story); corners- 10 ft. Reducing distance between structures to 10 ft No change for SFDs but reduced for multifamily: front-10 ft (25 ft for garage); sides-5 ft; rear-10 ft (but 15 for multi- story); corners- 10 ft. Reducing distance between structures to 10 ft No change to front (10 ft single story & 15 for second story). Reducing side from 10 ft to 5 ft. Rear stays 10 ft. No change. Front yards for single & multi-story buildings: 5 ft & 10 ft on corner lots. Rear and side yards: None required except where the rear or side of a lot abuts on an R1, R2, or R3 district, in which case such rear or side yard shall be that of the adjoining zone. No change. Front yards for single & multi-story buildings: 5 ft & 10 ft on corner lots. Rear and side yards: None required except where the rear or side of a lot abuts on an R1, R2, or R3 district, in which case such rear or side yard shall be that of the adjoining zone. 2 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah Required Site Area No change Removing required minimum area Removing required minimum area Removing minimum required area for residential and Mixed- Use. No change for commercial (7k) Commercial-6k/each building or group of buildings &a minimum width of sixty feet (60’) on interior lots;7k & 70 ft wide for corner lots Residential and Mixed-Use. No minimum building site area. Mobile Home Parks- Minimum of two (2) acres. No change Allowed/- Permitted Uses Allowed: Multiple-family residential dwellings in the form of duplexes, transitional housing, and supportive housing on corner lots. Prohibited: triplex, fourplexes, SROs, and rooming and boarding houses. Multifamily that complies with the design standards are permitted by Allowed: SFDs including manufactured/modul ar homes, transitional housing, and supportive housing. Allowed: Multiple- family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments houses, transitional housing, supportive housing, SROs, and rooming or boarding houses. multifamily that complies with the design standards are permitted by right (no UP/SDP). Allowed: SFDs, including manufactured/modul ar homes, transitional housing, and supportive housing). Allowed: Multiple- family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multi-family that complies with the design standards are permitted by right (no UP/SDP). Allowed: Low Barrier Navigation Centers Allowed: Multiple- family dwellings (duplexes, triplexes, fourplexes, condominium s, apartment houses, transitional housing, supportive housing, SROs, and rooming or boarding houses). Multiple- family Allowed: Low Barrier Navigation Centers Allowed: Multiple- family dwellings (duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, SROs, and rooming or boarding houses). Multiple-family dwellings that comply with the design t standards are permitted by right (no UP/SDP). Allowed: daycares Allowed: Small emergency shelters; Family daycares, large and small Allowed: Low Barrier Navigation Centers Allowed: Multiple- family dwellings (duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, SROs, and rooming or boarding houses). Multiple-family dwellings that comply with the design t standards are permitted by right (no UP/SDP). Allowed: daycares Allowed: Small emergency shelters; Family daycares, large and small 3 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah right (no UP/SDP). Allowed: Family daycares, large and small Allowed: Family daycares, large and small Permitted: Multiple- family dwellings that do not comply with the design standards Allowed: : Family daycares, large and small Permitted: Multiple- family dwellings that do not comply with the design standards dwellings that comply with the design t standards are permitted by right (no UP/SDP) Allowed: : Family daycares, large and small Allowed: Small emergency shelters Permitted: Large emergency shelters Permitted: Multiple- family dwellings that do not comply with the design standards Permitted: Large emergency shelters Permitted:Single- family dwelling (i.e., single-family home, manufactured/modul ar home, transitional housing, and supportive housing). Manufactured/modul ar home shall comply with the additional development standards Permitted: Multiple- family dwellings that do not comply with the design standards Permitted: Mobile home parks. Permitted: Large emergency shelters Permitted:SFD (i.e., single-family home, manufactured/modul ar home, transitional housing, and supportive housing). Manufactured/modul ar home shall comply with the additional development standards Parking No change for SFD. Duplex is reduced to 1.5/unit SFD no change (2/unit). Reducing duplex & multifamily parking: Duplex- 1.5/unit; multifamily- 1/unit SFD no change (2/unit). Reducing duplex & multifamily parking: Duplex- 1.5/unit; multifamily- 1/unit No change for commercial. Adds residential parking: SFD- 2/unit; Duplex- 1.5/unit; No change to commercial (?) Adds residential parking: SFD-2/unit; Duplex-1.5/unit; Multiple-Family- 1/unit . No change to commercial? Adds residential parking: Multiple-Family Dwelling: 1/unit 4 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah Multiple- Family-1 space/unit . Removes ADU parking requirement of 1 space Removes ADU parking requirement of 1 space Other Adds standards for manufactured homes Adds standards for manufactured homes. Adds standards for manufactured homes. Lot coverage increases from 40% to 60%. Adds standards for manufactured homes. Removes landscape plan requirements and relies on design standards (see my comment in R3) Clarifies language for ensuring privacy. Adds standards for manufactured homes. Clarifies language for ensuring privacy. Adds standards for manufactured homes. 1 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah FIGURE 1 CITY OF UKIAH LIMITS 1 Housing Related Zoning Code Updates Draft Initial Study and Negative Declaration City of Ukiah FIGURE 2. ZONING MAP 2 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Draft Initial Study and Mitigated Negative Declaration City of Ukiah III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Purpose of the Initial Environmental Study: This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the Project, as proposed, would have a significant impact upon the environment. The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture & Forestry Air Quality Biological Resources Cultural Resources Energy Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance Summary of Findings: Section 15378 of the California Environmental Quality Act (CEQA) defines a “Project” as an activity that (1) is a discretionary action by a governmental agency; and (2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub. Res. Code, § 21065). “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: An activity directly undertaken by any public agency including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100–65700. The Proposed Project includes Housing-related Zoning Code amendments to the City of Ukiah’s Municipal Code in order to enacting both the City of Ukiah’s 2019-2027 Housing Element Implementing Programs, and updates required for compliance with new State laws. The amendments are designed to aid in meeting the City’s Regional Housing Needs Allocation (RHNA) by facilitating the development of housing with streamlined review and are intended to facilitate housing development within residential and commercial zoning districts through reduced development standards (increasing maximum height, decreasing or eliminating required minimum site area, and decreasing setbacks, parking and other development standards, in addition to developing objective design and development standards for new residential development ). 3 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah While the Proposed Project is intended to facilitate housing development within the City of Ukiah, it does not include specific development designs or proposals, nor does it grant any entitlements for development. Development could also result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the location, intensity, siting, and timing of such development is unknown. All future development associated with the proposed Zoning Code amendments would be in residential or commercial zoning districts where housing development is already generally allowed by right, or with an approved use permit and site development permit. Development could also result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, location, size and timing of future development is unknown. There are many possible scenarios and outcomes of the proposed Zoning Code amendments. Therefore, a general analysis of impacts is provided in this Initial Study. All future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would be subject to Building Permits for consistency with building and safety codes. In addition, depending on the type of development, location, and zoning district, future development could also require discretionary and environmental review of their individual and cumulative environmental impacts, as applicable. Based upon the analysis contained within this Initial Study/Negative Declaration, all potential impacts resulting from the Proposed Project would be less than significant or would have no impact. IV. DETERMINATION On the basis of the initial evaluation that follows: 4 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah __X_ I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ____ I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures and project revisions have been identified that would reduce all impacts to a less than significant level. A MITIGATED NEGATIVE DECLARATION will be prepared. _____ I find that the proposed Project MAY have a significant effect on the environment. An ENVIRONMENTAL IMPACT REPORT is required. _____ I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. _____ I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. Signature Date Mireya G. Turner, Planning Manager Planning & Community Development Department City of Ukiah mturner@cityofukiah.com 5 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah V. EVALUATION OF ENVIRONMENTAL IMPACTS The purpose of this Initial Study/Negative Declaration (IS/ND) is to provide an analysis of the potential environmental consequences as a result of the proposed Project. The environmental evaluation relied on the following categories of impacts, noted as column headings in the IS checklist, in accordance with CEQA Guidelines Appendix G. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” “Less Than Significant Impact” applies where the Project would not result in a significant effect (i.e., the Project impact would be less than significant without the need to incorporate mitigation). “No Impact” applies where the Project would not result in any impact in the category or the category does not apply. This may be because the impact category does not apply to the proposed Project (for instance, the Project Site is not within a surface fault rupture hazard zone), or because of other project-specific factors. 1. Aesthetics AESTHETICS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Significance Criteria: Aesthetic impacts would be significant if the Project resulted in the obstruction of any scenic vista open to the public, damage to significant scenic resources within a designated State scenic highway, substantial degradation to the existing visual character or 6 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah quality of the site and its surroundings from public views, or generate new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the Project. Environmental Setting: The City of Ukiah is located within the Ukiah Valley, and scenic resources include not only the natural environment, but the built environment as well. One of the most notable scenic resources in the City limits is the Western Hills. Views of expansive hillsides to the north, east and south, mostly within the County’s jurisdiction, also surround the City. Some hillsides are densely forested with evergreen trees, while others are relatively open in comparison, dominated by mature oak trees set amid scrub and grasslands. Views on the Valley floor within the City of Ukiah include those typical of existing residential and commercial development and the majority of the land within the City limits is previously developed. In addition, some views of agricultural land uses within the City limits, or immediately outside of City limits, are available. Discussion: (a & c) Less than significant impact. Proposed Zoning Code amendments including increasing allowable density per acre (in Medium Density Residential (R2) and Community Neighborhood Commercial (CN) zoning districts), increasing maximum height, decreasing or eliminating required minimum site area, and decreasing setbacks, parking and other development standards, are intended to facilitate housing development within residential and commercial zoning districts. Future development facilitated by the proposed amendments have the potential to impact views of scenic resources, degrade the visual character, depending on location, height, siting, design, proximity to public viewpoints and scenic resources, etc. However, future housing development may require discretionary and environmental review (as applicable) and impacts to aesthetics associated with those projects will be considered at that time. All development will be subject to applicable zoning, subdivision and related ordinances, regulating height, setbacks, and density, as well other development standards, established to preserve the visual character within the City. While multifamily residential projects may be allowed by right under the proposed amendments in all residential and commercial zoning districts, they are required to be in compliance with the proposed Objective Design and Development Standards for New Residential Construction (referred to as “Objective Standards” and included in Attachment B); the Objective Standards include provisions to ensure aesthetic compatibility including but not limited to: using specific color pallets, landscaping requirements, lighting, screening of ancillary equipment and parking areas, etc. If the multifamily development does not meet the Objective Standards, then the project requires discretionary review and review by the Design Review Board to ensure aesthetic compatibility. With adherence to development standards within the Zoning Code, the Objective Standards for new multifamily residential development, and the discretionary and environmental review process (as applicable), it can be assumed that all new development would generally be consistent with the visual character of existing development within the City, and would not impact scenic vistas. As previously stated, the Western Hills contain the most notable scenic resources within the City. The portion of the lands within the City’s jurisdiction in the Western Hills are zoned R1 with a Hillside Combining District (-H). The intent of the –H District is to preserve outstanding natural visual and physical features, such as the highest crest of a hill, natural rock outcroppings, major tree belts, etc. The –H District contains strict development standard, including requiring discretionary review of all residential development to ensure visual and natural resources are 7 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah protected. The R1-H zoning district is not included proposed amendments. Therefore, scenic resources within the Western Hills will not be impacted by the Proposed Project. For the aforementioned reasons, the Project would not result in a significant impact to scenic vistas, nor the visual character of the site or area. Impacts would be less than significant. (b) No impact. According to the California Department of Transportation’s (Caltrans) State Scenic Highway System Map, there are no designated state scenic highways within, or visible from the City of Ukiah. In addition, there are no highways identified as eligible for state designation. Therefore, the Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Lastly, the City’s General Plan does not designate any local scenic roads in the Project area; no impact to scenic resources within a designated scenic corridor would occur. (d) Less than significant impact. New sources of light and glare associated with future residential development could include building-mounted outdoor lighting, indoor residential lighting, and new sources of glare from windows and cars. However, all lighting would be required to be downshielded and comply with the Dark Skies Ordinance to protect nighttime views. In addition, the Design Standards contain regulations for lighting to ensure multifamily development does not create a significant source of lighting or glare. Sources of light and glare associated with future residential development would be typical of those associated with typical residential development in the City and would not be considered “substantial”. Therefore, impacts would be less than significant. 8 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah 2. Agriculture and Forestry Resources AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Significance Criteria: The Proposed Project would have a potentially significant impact on agricultural resources if it would convert prime farmland to a non-agricultural use, conflict with a Williamson Act contract, or disrupt a viable and locally important agricultural use. The Project would have a potentially significant impact on forestry resources if it would result in the loss, rezoning or conversion of forestland to a non-forest use. Environmental Setting: According to the Ukiah Valley Area Plan (UVAP; 2011), early agricultural efforts in the Ukiah Valley included the raising of livestock, and the growing of various grains, hay, alfalfa, and hops. When the Northwestern Pacific Railroad was completed in 1889; prunes, potatoes, pears, and hops could be grown and sent to San Francisco and other regional markets. Wine grapes were planted, and irrigation was practiced on a small scale. Through the 1950’s, hops, pears, prunes and grapes were the most widely planted crops in the Ukiah Valley. After the railroad was completed, lumber mills sprang up in the Ukiah Valley and became the major industry in Mendocino County as trains took redwood logs and processed boards south to the San Francisco region. Today, much of the active agricultural land in the UVAP planning area is located on the valley floor and lower elevations along the Russian River system. There are no zoning districts within the City limits for Agriculture or Timber Preserve. While there is an overlay for agriculture in the Zoning Ordinance, it is not applied over any parcel within the 9 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah City limits. There are a small number of City parcels which have current agricultural use, such as existing vineyards. However, they are ongoing non-conforming uses within non-agricultural zoning districts. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the majority of lands within the City of Ukiah are identified as “Urban Built-Up Land”, with the exception of some areas within the Western Hills and the Airport Industrial Business Park, which are identified as “Grazing Land”. There are two parcels within the City limits that are identified as “Prime Farmland”: APNs 00102063 and 18012004. APN 00102063 is located at 940 Low Gap Road and is part of the Russian River Cemetery that is partially developed with agricultural uses, as well as a roadway and parking area. APN 18012004 is a vacant parcel with some agricultural uses, located adjacent to 1825 Airport Road within the Airport Industrial Business Park Master Plan Area. Discussion: (a-e) Less than significant. Lands affected by the proposed zoning amendments (commercial and residential zoned properties) are located within the “Urban Built-Up Land” designation that is not identified as having agricultural value or uses. The parcels identified as “Prime Farmland” and “Grazing Land” are either located within the Public Facilities zoning district, the Hillside Overlay District, or within the Airport Industrial Business Park Master Plan area that will not be included, nor impacted by the proposed zoning amendments. The “Prime Farmland” designation is a combination of the active use, soils analysis and animal carrying capacity. While there are parcels identified as ‘Prime Farmland’, there are no lands within the City of Ukiah under Williamson Act Contracts. As such, the Project would not convert Farmland, conflict with existing zoning for agriculture or forest land, and would not involve changes to the environment that would result in the conversion of agricultural resources to non-agriculture uses. Therefore, impacts to agricultural resources would be less than significant. 3. Air Quality AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Significance Criteria: The Proposed Project would have a significant impact to air quality if it would conflict with an air quality plan, result in a cumulatively considerable net increase of criteria pollutant which the Mendocino County Air Quality Management District (MCAQMD) has 10 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah designated as non-attainment, expose sensitive receptors to substantial concentrations of air pollutants, or result in emissions that create objectionable odors or otherwise adversely affect a substantial number of people. Environmental Setting: The Project is located within the North Coast Air Basin (NCAB), which includes Del Norte, Humboldt, Trinity, Mendocino, and northern Sonoma Counties, and is under the jurisdiction of the Mendocino County Air Quality Management District (MCAQMD). The area’s climate is considered Mediterranean, with warm, dry summers and cooler, wet winters. Summer high temperatures average in the 90’s with high temperatures on very warm days exceeding 105 degrees. Summer low temperatures range between 50-60 degrees. Winter high temperatures generally range in the 50’s and 60’s. The average annual temperature is 58 degrees. Winter cold- air inversions are common in the valley from November to February. Prevailing winds are generally from the north. Prevailing strong summer winds come from the northwest; however, winds can come from the south and east under certain short-lived conditions. In early autumn, strong, dry offshore winds may occur for several days in a row, which may cause air pollution created in the Sacramento Valley, Santa Rosa Plain, or even San Francisco Bay Area to move into the Ukiah Valley. The MCAQMD, which includes the City of Ukiah and surrounding areas, is designated as non- attainment for the State Standard for airborne particulate matter less than 10 microns in size (PM10). Particulate matter (PM) has significant documented health effects. The California Clean Air Act requires that any district that does not meet the PM10 standard make continuing progress to attain the standard at the earliest practicable date. The primary sources of PM10 are wood combustion emissions, fugitive dust from construction projects, automobile emissions and industry. Non-attainment of PM10 is most likely to occur during inversions in the winter. Regulation 1 of the MCAQMD contains three rules related to the control of fugitive dust: • Rule 1-400(a) prohibits activities that "cause injury, detriment, nuisance or annoyance to a considerable number of persons...or which endanger the...health or safety of...the public…" • Rule 1-430(a) prohibits activities which "...may allow unnecessary amounts of particulate matter to become airborne..." • Rule 1-430(b) requires that "...reasonable precautions shall be taken to prevent particulate matter from becoming airborne…" The MCAQMD provides the following significance thresholds for construction emissions: 1. 54 pounds per day of ROG 
(reactive organic gas) 2. 54 pounds per day of NOx 
(oxides of nitrogen as nitrogen dioxide) 3. 82 pounds per day of PM10 (particulate matter less than 10 microns in size) 4. 54 pounds per day of PM2.5
(airborne particulate matter with a diameter of 2.5 microns or less) 5. Best Management Practices for Fugitive Dust – PM10 and PM2.5 Discussion: (a-d) Less than significant impact. The Proposed Project includes amendments to the Zoning Code that are designed to facilitate the development of housing to meet the current and future housing needs. Future construction of additional housing within the City may result in 11 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah short-term air quality impacts (associated with the use of construction equipment, vegetation removal, grading, etc.) and additional long-term pollutants (typically associated with vehicle trips, wood burning stoves, landscape and maintenance activities, etc.). However, each project that involves the construction of housing will be subject to Building Permits to ensure consistency with existing building codes requiring energy efficient and low emitting equipment and features for new residential development. At such time, project-level analyses will be made to determine whether that project will result in potentially significant impacts to air quality. MCAQMD has established attainment criteria for pollutants and any increase in criteria emissions must address this issue. Future development must remain in attainment for criteria pollutants. Residential construction requires obtaining permits from the MCAQMD for grading and other activities. In addition, MCAQMD has a set of standard Best Management Practices (BMPs) for construction projects that are intended to reduce air quality impacts and ensure that projects remain in attainment with air quality thresholds. The MCAQMD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. The MCAQMD developed the operational thresholds of significance based on the level above which a project’s individual emissions would result in a cumulatively considerable contribution to the North Coast Air Basin’s existing air quality conditions. Therefore, a project that exceeds the MCAQMD operational thresholds would also be a cumulatively considerable contribution to a significant cumulative impact. Because each individual construction project is required to be in attainment with the established MCAQMD thresholds, it is not likely that cumulative impacts would be significant. With adherence to the aforementioned regulations, and others intended to reduce emissions and impacts to air quality, impacts associated with the Proposed Project would be less than significant. 4. Biological Resources BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 12 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS) or any species protected under provisions of the Migratory Bird treaty Act (e.g. burrowing owls); substantial effect upon riparian habitat or other sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; substantial effect (e.g., fill, removal, hydrologic interruption) upon state or federally protected wetlands; substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors; conflict with any local policies/ordinances that protect biological resources or conflict with a habitat conservation plan. Environmental Setting: Parcels within the City limits typically contain small developed parcels. While there are some small, vacant parcels, they are surrounded by urban development that offer little wildlife habitat value. Larger parcels, contiguous parcels, and parcels located in the Western Hills or adjacent to City creeks and Russian River tributaries do provide habitat for flora and fauna species. There are three main creeks, Orrs, Gibson and Doolin, that run through the City of Ukiah. According to the National Wetlands Inventory, these creeks contain riparian habitat and possible wetland areas. The creeks and bordering riparian areas, as well as the largely undeveloped western hillside region of the City have the potential to support nesting birds, Steelhead trout (Oncorhynchus mykiss), Foothill yellow-legged frog (Rana boylii), Red-bellied newt (Taricha rivularis) and Western pond turtle (Emys marmorata). In addition, Chinook salmon (Oncorhynchus tshawytscha), Russian River tule perch (Hysterocarpus traskii traskii), Pacific lamprey (Lampreta tridenta), and Western pearlshell mussel (Margaritifera falcate) potentially occur in the nearby Russian River. In addition, database queries of CDFW’s California Natural Diversity Database (CNDDB) and the California Native Plant Society’s (CNPS) Electronic Inventory of the City limits and its immediate surroundings identify the following seven special-status plant species: Baker’s meadowfoam (Limnanthes bakeri), Baker’s navarretia (Navarretia leucocephala bakeri), Burke’s goldfields (Lasthenia burkei), Mendocino bush-mallow (Malacothamnus mendocinensis), North Coast semaphore grass (Pleuropogon hooverianus), Raiche’s Manzanita (Arctostaphylos stanfordiana), and Toren’s grimmia (Grimmia torenii). 13 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Discussion: (a-d) Less than significant impact. Because most of the parcels within the City Limits that are residential and commercial zoned are currently developed, it is unlikely that biological resources would be impacted by future residential development. In addition, parcels within the Western Hills (and R1-H zoning district) are not included in the proposed Zoning Code updates. However, parcels along the Russian River and City creeks have a higher potential for containing resources and development on these parcels has the potential to reduce wildlife habitat and impact biological resources. However, at this time, location, intensity and timing of specific housing development is not known. If future development is proposed on vacant , undisturbed land, or within proximity to the aforementioned creeks, additional environmental review would likely be required and impacts to biological resources would be analyzed on a project level basis. As such, impacts to biological resources from the Project would be less than significant. (e-f) Less than significant impact. There are no adopted Habitat Conservation Plans for the City of Ukiah, nor the larger Ukiah Valley that apply to future development facilitated as a result of the Proposed Project. Impacts would be less than significant. 5. Cultural Resources CULTURAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred outside of dedicated cemeteries? Significance Criteria: The proposed Project would significantly impact cultural resources if the significance of a historical or archaeological resource were substantially changed, or if human remains were disturbed. Under CEQA, cultural resources must be evaluated to determine their eligibility for listing in the California Register of Historic Resources (CRHR). If a cultural resource is determined ineligible for listing on the CRHR the resource is released from management responsibilities and a project can proceed without further cultural resource considerations. As set forth in Section 5024.1(c) of the Public Resources Code for a cultural resource to be deemed “important” under CEQA and thus eligible for listing on the California Register of Historic Resources (CRHR), it must meet at least one of the following criteria: 14 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah 1) Is associated with events that have made a significant contribution to the broad patterns of California History and cultural heritage; or 2) Is associated with the lives of persons important to our past; or 3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possess high artistic value; or 4) Has yielded or is likely to yield, information important to prehistory or history. Archaeological resources are commonly evaluated with regard to Criteria 4 (research potential). Historic-era structures older than 50 years are most commonly evaluated in reference to Criteria 1 (important events), Criteria 2 (important persons) or Criteria 3 (architectural value). To be considered eligible under these criteria the property must retain sufficient integrity to convey its important qualities. Integrity is judged in relation to seven aspects including: location, design, setting, materials, workmanship, feeling, and association. Guidelines for the implementation of CEQA define procedures, types of activities, persons, and public agencies required to comply with CEQA. Section 15064.5(b) prescribes that project effects that would “cause a substantial adverse change in the significance of an historical resource” are significant effects on the environment. Substantial adverse changes include both physical changes to the historical resource, or to its immediate surroundings. Public Resources Code Section 21083.2 also defines “unique archaeological resources” as “any archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: • Contains information needed to answer important scientific research questions and show that there is a demonstrable public interest in that information. • Has a special and particular quality, such as being the oldest of its type or the best available example of its type. • Is directly associated with a scientifically recognized important prehistoric or historic event or person." This definition is equally applicable to recognizing “a unique paleontological resource or site.” CEQA Section 15064.5 (a)(3)(D), which indicates “generally, a resource shall be considered historically significant if it has yielded, or may be likely to yield, information important in prehistory or history,” provides additional guidance. Senate Bill 18 (SB 18) and Government Code 65352.3(a)(1) state that prior to the adoption or any amendment of a city or county’s general plan, the city or county shall notify California Native American tribes that are on the contact list maintained by the Native American Heritage Commission to provide an opportunity for formal consultation for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections 5097.9 and 5097.995 of the Public Resources Code that are located within the city or county’s jurisdiction. Environmental Setting: The Ukiah Township lies in a valley of the Russian River, bounded on the north by Calpella Township, on the east by Lake County, on the south by Sanel Township, and on the west by Anderson Township. The City of Ukiah was first settled in 1856 by Samuel Lowry. Initially incorporated into Sonoma County, an independent Mendocino County government was established in 1859 with Ukiah as the chosen county seat. Logging, cattle, and agricultural ventures contributed to the early settlement and growth of Ukiah throughout the remainder of the 19th century and early 20th century. 1889 is the date recorded for the first arrival of the train to 15 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Ukiah, quickly resulting in increased settlement of the City and its environs. The City of Ukiah is within the territory of the Northern Pomo. Permanent villages were often established in areas with access to staple foods, often times along eco-tones (transitions between varying environments), with access to good water, and generally flat land (Environmental Science Associates, 2013). Areas that are most typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches above watercourses because Native Americans and settlers favored easy access to potable water. The late 19th century saw slow growth in the community, with a slight decline after the turn of the century. The 1906 earthquake damaged a number of Ukiah buildings, particularly in the commercial core, and considerable re-building and remodeling activity occurred after that time. The City appears to have prospered in the following years, through the early 1920’s. The City contains a number of Colonial Revival and Craftsman style derivations, popular during this era, that reflect the community’s prosperity. An Historical and Architectural Survey Update was last prepared for the City by P.S. Preservation Services in 1999. The survey identified 23 properties with historic importance within the City limits. City Ordinance No. 838 was passed by the City in 1983, requiring that prior to the demolition of any building over 50 years old, the approval of the City Council must be obtained. The ordinance is a positive preservation tool, allowing some review and public input opportunity regarding the potential loss of historically significant buildings. Discussion: (a-c) Less than significant impact. Because most of the parcels within the City Limits that are residential and commercial zoned are currently developed, it is unlikely that cultural resources would be impacted by future residential development. Parcels along City creeks have a higher potential for containing cultural resources and may be impacted by future development facilitated through the Zoning Code amendments in residential and commercial zoning districts. However, there are many possible scenarios and outcomes of the proposed Zoning Code amendments and the intensity, location, size and timing of future development is unknown. All future development is subject to CEQA Guidelines Section 15064.5 (e-f) which specifically addresses what to do in the event that human remains or archeological resources are accidentally discovered, and City Ordinance No. 838, protecting historic buildings; future development would be analyzed on a project level basis and subject to environmental review of their individual impacts, as applicable. The proposed Zoning Code amendments also require amendment to the City of Ukiah’s General Plan to increase allowable building density. While the proposed changes include policy changes to facilitate housing development, no development or physical changes to the environment are proposed. However, in accordance with SB 18, tribal notifications offering the opportunity to request formal consultation and an opportunity to review the proposed Zoning Code amendments were sent to California Native American Tribes identified on the list maintained by the Native Heritage Commission (NAHC) on April 22, 2021. The tribes have 90 days to request consultation; no requests for consultation have been received to date. The list of tribes contacted are included in Attachment 4. For the reasons discussed above, impacts to Cultural Resources from the Proposed Project would be less than significant. 16 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah 6. Energy ENERGY. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Significance Criteria: The Proposed Project would significantly impact energy if construction or operation of the Project would result in wasteful, inefficient or unnecessary consumption of energy resources or if the Project would conflict with a state or local plan for renewable energy or energy efficiency. Environmental Setting: Current building codes require energy efficiency systems to be included in their plans for permit review. These building codes are regularly updated, statewide through California Building Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations, Title 24, Part 6), commonly referred to as “Title 24”. In general, Title 24 requires the design of building shells and building components to conserve energy, with standards to promote better windows, insulation, lighting, ventilation systems, and other features that reduce energy consumption in homes and businesses. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. The current Title 24 regulations and Building Energy Efficiency Standards promote photovoltaic systems in newly constructed residential buildings. The City’s Electric Utility Department has a solar rebate program for residents and business owners to encouraged local consumers to increasingly rely on renewable resources for their direct power needs. Discussion: (a-b) Less than significant impact. The Proposed Project, including the Development Agreement, does not include specific development designs or proposals, nor does it grant any entitlements for development. Generally speaking, future residential construction would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) once constructed, future residential uses would consume energy for interior and exterior lighting, HVAC systems, refrigeration, electronics systems, appliances, and security systems, among other common household features. However, future housing projects will be analyzed on a project level basis subject to the City’s building and safety codes, as well as the California Air Resources Board (CARB) and Environmental Protection Agency (EPA) emissions standards. Additionally, new residential development must comply with Title 24 Building Energy Efficiency Standards, which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Implementation of these regulations significantly reduces energy usage. In addition, residents would have access to the City’s solar rebate program to incentivize the use of renewal energy. With adherence to the aforementioned regulations, and others intended to reduce energy consumption, impacts from the Proposed Project related to energy consumption would be less than significant. 17 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah 7. Geology and Soils GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Significance Criteria: The Proposed Project would result in a significant impact to geological or soil resources if it exposed people or structures to seismic risk; ruptured a known fault; produced strong seismic ground shaking, ground failure, liquefaction, landslides or substantial soil erosion; is located on expansive soil or unstable ground, or would create unstable ground; or destroyed a unique paleontological resource or geologic feature. Environmental Setting: The larger Ukiah Valley is part of an active seismic region that contains the Mayacama Fault, which traverses the valley in a generally northwest-southeast direction east of the Project area. Based on California Geological Survey maps and the Background Report for the County of Mendocino General Plan Update (prepared by P.M.C., 2003), the City of Ukiah is outside of known areas of historic faults, Holocene Fault, Late Quaternary Fault and the Alquist- Priolo Earthquake Fault Zone. It is also removed from the known areas of active and dormant 18 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah landslide reports. Slope instability hazards are not a concern, with the exception of the Hillside Overlay District within the Western Hills. Discussion: (a-f) Less than significant impact. Parcels within the Valley floor that are within residential and commercial zoning districts (and included in the proposed Zoning Code amendments) are not located in a California Earthquake Fault Zone and not susceptible to liquefaction or strong seismic ground shaking. Because most of the parcels within the City Limits that are residential and commercial zoned are currently developed, it is unlikely that unique paleontological resources would be impacted by future residential development. In addition, parcels within the Western Hills (and R1-H zoning district) containing more diverse geological features are not included in the proposed Zoning Code updates. Additionally, a Building Permit is required for new construction which will ensure all activities are in compliance with building and seismic safety codes. New development within the City will connect to the existing sewer and water systems. The Building Permit process (and discretionary review process, as applicable) will include review of site plans by internal and external departments and agencies to ensure compliance with all applicable local, state and federal safety standards. Additionally, future residential projects that may require vegetation removal and grading, or be adjacent to creeks will be required to adhere to Ukiah City Code, Division 9, Chapter 7, Erosion and Sediment Control, which requires submittal of sediment and erosion plans identifying Best Management Practices (BMPs) to reduce soil erosion and water runoff. For the above reasons, impacts to geology and soils would be less than significant. 8. Greenhouse Gas Emissions GREENHOUSE GAS EMISSIONS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Significance Criteria: The Project would have a significant effect on greenhouse gas emissions if it would generate greenhouse gas emissions (GHG), either directly or indirectly, that may have a significant impact on the environment; or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Environmental Setting: Climate change is caused by greenhouse gases (GHGs) emitted into the atmosphere around the world from a variety of sources, including the combustion of fuel for energy and transportation, cement manufacturing, and refrigerant emissions. GHGs are those gases that have the ability to trap heat in the atmosphere, a process that is analogous to the way 19 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah a greenhouse traps heat. GHGs may be emitted a result of human activities, as well as through natural processes. Increasing GHG concentrations in the atmosphere are leading to global climate change. Carbon dioxide (CO2) is the most important anthropogenic GHG because it comprises the majority of total GHG emissions emitted per year and it is very long-lived in the atmosphere. Typically, when evaluating GHG emissions they are expressed as carbon dioxide equivalents, or CO2e, which is a means of weighting the global warming potential (GWP) of the different gases relative to the global warming effect of CO2, which has a GWP value of one. In the United States, CO2 emissions account for about 85 percent of the CO2e emissions, followed by methane at about eight percent, and nitrous oxide at about five percent. The state of California has adopted various administrative initiatives and legislation relating to climate change, much of which set aggressive goals for GHG emissions reductions statewide. Although lead agencies must evaluate climate change and GHG emissions of projects subject to CEQA, the CEQA Guidelines do not require or suggest specific methodologies for performing an assessment or specific thresholds of significance and do not specify GHG reduction mitigation measures. No state agency has developed binding regulations for analyzing GHG emissions, determining their significance, or mitigating significant effects in CEQA documents. Thus, lead agencies exercise their discretion in determining how to analyze GHGs. Because there are no adopted GHG thresholds applicable to the Project, and the proposed development is considered “small scale”, the below qualitative analysis is appropriate. Discussion: (a-b) Less than significant impact. Construction activities associated with future housing development could result in direct and indirect emissions of GHG emissions. Direct project-related GHG emissions generally include emissions from construction activities, area sources, and mobile sources, while indirect sources include emissions from electricity consumption, water demand, and solid waste generation. However, as discussed in Section 3, Air Quality, of this Initial Study, future residential construction would be subject to regulations of the Mendocino County Air Quality Management District (MCAQMD), which is responsible for enforcing the state and federal Clean Air Acts as well as local air quality protection regulations. Additionally, future residential uses would be required to adhere to all federal, state, and local requirements for energy efficiency, including the Title 24 Building Energy Efficiency Standards. Therefore, the Proposed Project, including potential future residential development facilitated through the Zoning Code amendments, would not result in a significant impact to GHG emissions. Impacts would be less than significant. 9. Hazards and Hazardous Materials HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 20 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Significance Criteria: The Project would result in significant hazards or hazardous materials impacts if it exposed people to hazardous materials or placed them into hazardous situations; if it released hazardous materials or emissions into the environment or within 0.25 miles of a school; if it is located on a listed hazardous materials site; if it would create a hazard due to its proximity to a public airport or private airstrip; if it would create excessive noise for people in the area; if it would interfere with an emergency response or evacuation plan; or if it would expose people or structures to significant risks due to wildland fire. Environmental Setting: Mendocino County has adopted numerous plans related to hazard management and mitigation including, but not limited to: Community Wildfire Protection Plan, Hazardous Waste Management Plan, Operational Area Emergency Plan, etc. The most recent plan, the Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was adopted by the County in December, 2020. The MJHMP provides an explanation of prevalent hazards within the County, identifies risks to vulnerable assets, both people and property, and provides a mitigation strategy to achieve the greatest risk reduction based upon available resources. The four cities within Mendocino County, including the City of Ukiah, participated in preparation of the MJHMP to individually assess hazards, explore hazard vulnerability, develop mitigation strategies, and create their own plan for each respective city (referred to as a “jurisdictional annex” to the MJHMP). The City of Ukiah adopted its jurisdictional annex chapter of the MJHMP on November 18, 2020. Hazards identified for the City if Ukiah include earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah. The Ukiah Municipal Airport is located within the City of Ukiah jurisdictional limits. The Ukiah Municipal Airport Master Plan and the Ukiah Airport Land Use Compatibility Plan (ALUCP), identify areas with potential hazards, known as “Compatibility Zones” and impacts to persons using or working within the Airport Influence Area (AIA). 21 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Under Government Code Section 65962.5, both the State Water Resources Control Board and the California Department of Toxic Substances Control are required to maintain databases of sites known to have hazardous substances present in the environment. According to the State Water Resources Control Board (SWRCB) GeoTracker and the California Department of Toxic Substances Control (DTSC) EnviroStor databases, there are 21 listed hazardous sites within the City of Ukiah; these include gas stations, automobile dismantling and salvage yards, sites associated with the railroad, the waste disposal and transfer station, etc. All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, County lands immediately west of the City are located within the SRA and are classified as having a “Very High” fire hazard severity. Discussion: (a-b) Less than significant impact. Construction activities and future residential uses facilitated by the proposed Zoning Code amendments would require the routine transport, use, storage, and disposal of small quantities of hazardous materials common for equipment and property maintenance and operation, such as gasoline, diesel fuel, hydraulic fluids, oils, lubricants, cleaning solvents and supplies, pesticides, fertilizers, paint, etc. However, the types and quantities of materials to be used are not expected to pose a significant risk to the public and/or environment and would be managed in accordance with federal, state, and local regulations. Therefore, impacts would be less than significant. (c) Less than significant impact: As discussed in Section 15, Public Services, of this Initial Study, there are several schools within the City of Ukiah. Future residential construction could be located within 0.25-mil of an existing school. However, construction activities would be required to transport and use routine hazardous materials in accordance with all applicable regulations. Adherence to these regulations would ensure that impacts to schools regarding hazardous materials are less than significant. (d) Less than significant impact. As previously noted, there are 21 hazardous sites listed in the City of Ukiah including auto wrecking yards, gas stations, the refuse transfer station, sites associated with the railroad, etc. Because these sites are currently developed with industrial and commercial uses, it is not likely that they will be developed with residential land uses. Additionally, if a residential project were to be proposed at one of the listed sites, clean-up to remove the hazard would be required by the SWRCB and DTSC. Impacts would be less than significant. (e) Less than significant impact. The ALUCP identifies five Compatibility Zones with varying risks and development restrictions. Generally speaking, the Compatibility Zones encompass south Ukiah, including residential and commercial zoned properties subject to the proposed Zoning Code amendments. However, all development would be required to be compatible with the Ukiah Municipal Airport Master Plan and ALUCP. Impacts would be less than significant. (f) Less than significant impact. There are no components of the Project that would impair or interfere with emergency response or evacuation. Since the Project is limited to within the City limits, future residential development would be required to be designed in accordance with state and local standards, including safety and emergency access requirements, and are within existing service areas of emergency responders. There are no components of the Project that would impair implementation of, or physically interfere with, the adopted MJHMP or other emergency response plan or evacuation plan. Impacts would be less than significant. 22 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah (g) Less than significant impact with mitigation incorporated. The Project Area is entirely within the jurisdiction of the Ukiah Valley Fire District. Future residential development would be required to adhere to all fire safety standards. See Section 20, Wildfire, for more information. Impacts would be less than significant. 10. Hydrology and Water Quality HYDROLOGY AND WATER QUALITY: Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in a substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Significance Criteria: The Project would significantly impact hydrology and water quality if it violated water quality standards or waste discharge requirements or substantially degraded surface or groundwater quality; substantially decreased groundwater supplies or impeded sustainable groundwater management; altered drainage patterns in a manner that would cause substantial on- or off-site erosion, polluted runoff or excessive runoff that caused flooding; impeded or redirected flood flows; risked a release of pollutants due to inundation if in a flood hazard, tsunami or seiche zone; or conflicted with a water quality plan or sustainable groundwater management plan. Environmental Setting: Average rainfall in Ukiah is slightly less than 35 inches. Most of the precipitation falls during the winter. Rainfall is often from brief, intense storms, which move in from the northwest. Virtually no rainfall occurs during the summer months. 23 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah The Project area includes the Russian River Hydrologic Unit, Upper Russian River Hydrologic Area, Ukiah Hydrologic Subarea. The Russian River is on the State Water Resources Control Board’s (SWRCB) 303(d) list of impaired water bodies for water temperature and sedimentation/siltation. Sediment impairments in tributaries led to listing the entire Russian River Watershed for sediment. Surface water supplies for the Ukiah Valley include the Eel River, from which water is diverted into the Russian River watershed through the Potter Valley Project, Lake Mendocino, and the Russian River. Groundwater is drawn from the Ukiah Valley groundwater basin. The Ukiah Valley groundwater basin is the northernmost basin in the Russian River water system and underlies an area of approximately 60 square miles. Water enters the groundwater system via percolation of surface waters and through the soil. The creeks and streams in the Ukiah Valley provide drainage channels for groundwater recharge, as well as domestic and agricultural water supply. A groundwater Management Plan has not been prepared for the City, nor County of Mendocino, but according to the 2015 Urban Water Management Plan for the City, based on historical data and use, there is adequate groundwater to serve the City’s existing and future demand. Discussion: (a-c & e) Less than significant impact. The Project does not include specific development designs or proposals, nor does it grant any entitlements for development. Future housing projects will be subject to the City’s development standards and building and safety codes, including review of storm water management practices and waste discharge requirements, where applicable. Specifically, projects that include the addition of 10,000 sf of impermeable surfaces or more are subject to Low Impact Development standards to ensure stormwater runoff is adequately captured and filtered before entering the drainage system. Further, if a project proposes work within a drainage or waterway, the applicant will be required to obtain regulatory permits from the Water Resources Control Board, California Department of Fish and Wildlife and U.S. Army Corps of Engineers, as applicable. Therefore, impacts to water quality, groundwater and drainage would be less than significant. City water services exist to service all properties located within the City limits. As mentioned above, according to the 2015 Urban Water Management Plan for the City, there is adequate groundwater to serve the City’s existing and future demand. Therefore, the Project would not substantially deplete groundwater resources or conflict with the Urban Water Management Plan; impacts would be less than significant. (d) Less than significant impact. As described above, the Project is not located within a tsunami or seiche hazard zone, as identified by the Federal Emergency Management Agency. Some areas within City limits are within a FEMA flood zone. All development within a flood zone must adhere to all safety and building codes related to construction within a flood zone. Impacts would be less than significant. 11. Land Use and Planning LAND USE AND PLANNING. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Physically divide an established community? 24 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Significance Criteria: The Project would significantly impact land use if it physically divided an established community or conflicted with a land use plan, policy or regulation intended to avoid or mitigate an environmental impact, such as the general plan or zoning code. Environmental Setting: The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities. The City’s first General Plan was originally adopted in 1974, updated in 1995, and was last amended in 2019, with adoption of the 2019-2027 Housing Element. The General Plan serves as a blueprint for future development and growth of the community. The City is currently in the process of completing a General Plan Update (the “2040 General Plan”) that will map out the vision for community development through 2040; until the new General Plan is adopted, the 1995 General Plan (as amended in 2019) is considered the applicable plan. Zoning and land use are governed by the City’s Zoning Ordinance, as outlined in Division 9, Chapter 2 of the Ukiah City Code. The purpose of the Ukiah Zoning Code is to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare. Housing development of varying intensity is allowed in all zoning districts of the Ukiah Zoning Code with the exception of the Manufacturing and Industrial Zoning Districts. Discussion: (a) Less than significant impact. Physical division of an existing community would typically be associated with construction of a new highway, railroad, park or other linear feature. The Project area is mostly developed with existing roads and parks. The Project does not propose new linear features that would result in the division of an established community. Impacts would be less than significant. (b) Less than significant. The Project includes amendments to the Zoning Code to encourage and support housing development, designed to ensure fulfillment of the City’s share of the Regional Housing Needs Allocation (RHNA). The Project includes multiple Implementation Tasks approved in the 2019-2027 General Plan Housing Element. Specifically, the Project proposes several zoning code updates including increasing maximum height, decreasing or eliminating required minimum site area, and decreasing setbacks, parking and other development standards, are intended to facilitate housing development within residential and commercial zoning districts. In addition to the Zoning Code updates, the Project includes a General Plan Amendment to increase housing density in the Medium Density Housing from 14 to 15 du/acre, in order to maintain synchronicity between the General Plan and Zoning Code, as well as comply with existing housing-related state laws Because the amendments are General Plan Housing Element Implementation Tasks, the Project would not conflict with a land use plan, policy or regulation intended to avoid or mitigate an environmental impact, such as the general plan or zoning code. Impacts would be less than significant. 25 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah 12. Mineral Resources MINERAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Significance Criteria: Impacts to mineral resources would be considered significant if the proposed Project were to result in the loss of a known mineral resource that has value to the region and state or is otherwise locally important as designated on a local land use plan. Environmental Setting: The most predominant of the minerals found in Mendocino County are aggregate resource minerals, primarily sand and gravel, found along many rivers and streams. The Ford Gravel Bars are located in Ukiah, along the Russian River. Discussion: (a-b) No impact. Future development associated with the zoning code amendments would be located within residential and commercial zoned areas, which do not contain mineral resources. No impact would occur. 13. Noise NOISE. Would the project result in: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive ground borne vibration or ground borne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels Significance Criteria: The Project would have a significant impact if it temporarily or permanently exceeded local noise standards in the vicinity of the Project, generated excessive ground borne noise or vibration; or would expose people residing or working in the area to excessive noise levels from public airports or private airstrips. 26 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Environmental Setting: The Ukiah City Code contains a Noise Ordinance (Division 7, Chapter 1, Article 6) that establishes ambient base noise level standards that apply to specific zoning districts within the City of Ukiah. “Ambient noise" is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of the Noise Ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. Land uses exceeding these standards for long periods of time are considered to be significant. In addition, UCC §6054, Construction of Buildings and Projects, states that it shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500’) therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device (between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Director of Public works. Table 2. City of Ukiah Ambient Base Noise Levels Zoning Districts Time Period Noise Level Standards (dBA) R1 and R2 10:00 PM - 7:00 AM 7:00 PM - 10:00 PM 7:00 AM-7:00 PM 40 45 50 R3 10:00 PM - 7:00 AM 7:00 AM - 10:00 PM 45 50 Commercial 10:00 PM - 7:00 AM 7:00 AM - 10:00 PM 60 65 Industrial & Manufacturing Any time 70 Source: Ukiah City Code §6048 Discussion: (a) Less than significant impact. The Project does not propose residential construction; though it encourages and supports housing development. Construction activities are generally temporary, resulting in periodic increases in the ambient noise environment. Construction noise impacts generally occur when construction activities occur in areas immediately adjoining noise-sensitive land uses, during noise-sensitive times of the day, or when construction activity occurs at the same precise location over an extended period of time (e.g., pile driving in one location for 8-10 hours in a day, or over a duration of several successive days). Certain land uses, including schools, hospitals, rest homes, long-term medical and mental care facilities, and parks and recreation areas are particularly sensitive to noise. Residential areas are also considered noise sensitive, especially during the nighttime hours. However, all future construction would be considered temporary and required to adhere to noise regulations. Additionally, noise sources associated with typical residential land uses (e.g., mechanical equipment, dogs/pets, landscaping activities, cars parking, etc.) are typically intermittent and short in duration, and would be comparable to existing sources of noise experienced at surrounding commercial and residential uses. Therefore, noise impacts would be less than significant. 27 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah (b) Less than significant impact. Residential construction can generate varying degrees of ground borne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. However, future residential construction is anticipated to use typical construction equipment for temporary periods of time that would not be considered excessive. Therefore, impacts would be less than significant. (c) Less than significant impact. Ukiah Municipal Airport is contained within the Project Area. All future development must be consistent with the 2020 Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), adopted by the Mendocino County Airport Land Use Commission on May 20, 2021. The UKIALUCP establishes criteria that reduce the potential exposure of people to excessive aircraft-related noise by limiting residential densities (dwelling units per acre), establishing interior noise level limits, and restricting other noise-sensitive land uses in locations exposed to noise levels in excess of 60 dB CNEL. Based on this information, the Project would not expose people residing or working in the Project area to excessive noise levels associated with aircraft. Impacts would be less than significant. 14. Population and Housing POPULATION AND HOUSING. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Significance Criteria: The proposed Project would result in significant impacts to the local population or housing stock if it directly or indirectly induced substantial unplanned population growth or displaced a substantial number of people or housing such that the construction of replacement housing would be required. Environmental Setting: The City of Ukiah comprises of approximately 4.72 square miles within Mendocino County. According to the California Department of Finance, the population in the County of Mendocino was 59,985 in 2018 and 16,226 in the City of Ukiah. The City’s annual growth rate between 1990 and 2018 averaged approximately 0.3%. Between 2000 and 2010, the City added 545 residents, or 3.7%, to its population. Overall, the City of Ukiah’s population has increased moderately over the past nearly 30 years, with a more accelerated increase in the last four years. Projections from the California State University Chico Center for Economic Development- Mendocino County Economic/Demographic Profile show this trend continuing. As described in the City’s 2019-2027 Housing Element (2019), under California law, every city and county has a legal obligation to respond to its fair share of the projected future housing needs 28 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah in the region in which it is located. For Ukiah and other Mendocino County jurisdictions, the regional housing need allocation (RHNA) is determined by the Mendocino Council of Governments (MCOG), based upon an overall regional need number established by the State. The fair share numbers establish goals to guide local planning and development decision making. MCOG identified the City’s RHNA as accommodating 239 additional units within the 2019-2027 Planning Cycle. Specifically, the City of Ukiah is responsible for identifying adequate sites, with appropriate zoning, to support 86 very low-income housing units and 72 low-income housing units, for a total of 158 lower income housing units, and 49 moderate-income and 32 above moderate-income housing units, for a total of 81 moderate and above moderate housing units. Discussion: (a & b) Less than significant impact. The proposed housing-related Zoning Code amendments are regulatory in nature, they do not propose any new development, construction, or physical change to the environment that would result in unplanned population growth. Although no development is proposed at this time, for this analysis it is assumed that future development would result in construction and development of residential uses throughout the Project Area. The Project will result in a Zoning Code that is consistent with the Ukiah General Plan Housing Element. Future housing development must comply with the Zoning Code, resulting in planned development, including accessing existing utility infrastructure. Extension of utilities would be limited to new connections to the existing infrastructure, and would not directly induce substantial unplanned development and population growth in the area. Increasing the density of Medium Density Residential areas could result in additional development; however, this development would be located within the City limits and would be serviced by existing infrastructure. The potential future development would enable the City to meet its RHNA requirements for the 2019- 2027 housing cycle. Displacement of existing people and/or housing is not part of the Project. For the aforementioned reasons, the Proposed Project would not induce substantial unplanned population growth in an area, either directly or indirectly. Impacts would be less than significant. 15. Public Services PUBLIC SERVICES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? 29 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Significance Criteria: The Project would result in a significant impact to public services if it resulted in a requirement for increased or expanded public service facilities or staffing, including fire or police protection, schools and parks. Environmental Setting: Police protection services for the entire City limits is provided by the Ukiah Police Department, while the Mendocino County Sherriff’s Department provides police services for areas outside of the City limits. Fire protection services in the Ukiah Valley are provided by the Ukiah Valley Fire Authority and California Department of Forestry and Fire Protection (CalFire). Educational facilities in the Ukiah Valley area are provided by the Ukiah Unified School District (UUSD), County Office of Education, and the Mendocino-Lake Community College District. There are also several private and charter schools serving residents within the City of Ukiah, as well as the unincorporated portions of Mendocino County. As mentioned below in Section 16, Recreation, of this Initial Study, there are 13 City parks, a municipal golf course, and a skate park managed by the City of Ukiah, as well as other recreational facilities in the area. Discussion: (a) Less than significant impact. Although no development is proposed at this time, it is assumed that future development would result in construction and development of residential uses throughout the Project Area. New residential uses would be served by the City’s Police Department and the Ukiah Valley Fire authority. This minimal increase in service area would not be considered significant, as the majority or the parcels within the City are currently developed and served by police and fire services. Similarly, it is not anticipated that the additional residential units, currently already being served by existing school districts, would result in a significant impact to school services. As such, the Project would have a less than significant impact on public services. 16. Recreation RECREATION. Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Significance Criteria: Impacts to recreation would be significant if the Project resulted in increased use of existing parks or recreational facilities to the extent that substantial deterioration was accelerated or if the Project involved the development or expansion of recreational facilities that would have an adverse effect on the physical environment. Environmental Setting: The Ukiah Valley offers a wide variety of recreational opportunities. These include more than 13 City parks, a municipal golf course, and a skate park managed by 30 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah the City of Ukiah; two regional parks managed by the County; Cow Mountain Recreation Area managed by the Bureau of Land Management; and Lake Mendocino managed by the US Army Corps of Engineers. In addition, there are approximately 30 miles of trails located throughout the Ukiah Valley. Discussion: (a-b) Less than significant impact. The Project does not propose any recreational facilities at this time. However, the Housing-related Zoning Code Amendments support and encourage housing development. The increase in population would not be considered significant. As such, impacts would be less than significant on park facilities. 17. Transportation TRANSPORTATION. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b), Criteria for Analyzing Traffic Impacts? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Significance Criteria: Impacts to transportation and traffic would be significant if the Project conflicted with a local plan, ordinance or policy addressing transit, roadway, bicycle and pedestrian facilities; conflicted with CEQA Guidelines Sec. 15064.3(b), which contains criteria for analyzing transportation impacts; substantially increased hazards due to geometric design features; or resulted in inadequate emergency access. Traditionally, transportation impacts had been evaluated by using Level of Service (LOS) analysis to measure the level of congestion on local roadways. However, on September 27, 2013, Governor Jerry Brown signed Senate Bill (SB) 743 into law, initiating an update to the CEQA Guidelines to change how lead agencies evaluate transportation impacts under CEQA, with the goal to better measure the actual transportation-related environmental impacts of a given project. Starting July 1, 2020, lead agencies are required to analyze the transportation impacts of new projects using vehicle miles traveled (VMT), instead of LOS. VMT measures the amount of additional miles produced by the project. If the project increases car travel onto the roads excessively, the project may cause a significant transportation impact. VMT analysis is intended to promote the state’s goals of reducing greenhouse gas emissions and traffic-related air pollution, promoting the development of a multimodal transportation system, and providing clean, efficient access to destinations. In 2018, the Office of Planning and Research (OPR) published a Technical Advisory on Evaluating Transportation Impacts in CEQA (2018) which is intended to provide advice and recommendations for evaluating VMT, which agencies and other entities may use at their discretion. As discussed further below, the Technical Advisory offers that screening thresholds 31 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah may be used to identify when land use projects, such as small scale residential projects, should be expected to cause a less-than-significant impact without conducting a detailed traffic study. On behalf of the Mendocino Council of Governments (MCOG), Fehr & Peers, prepared a Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study (Baseline Study; May, 2020) to provide an overview of SB 743, summarize VMT data available for Mendocino County, discuss alternatives for and recommend VMT measurement methods and thresholds for lead agencies in Mendocino County, and recommend transportation demand management (TDM) strategies for reducing VMT on projects in Mendocino County. The following local plans have historically address transportation within the City of Ukiah: 2017 Ukiah Bicycle and Pedestrian Master Plan, City of Ukiah Safe Routes to School Plan (2014), Mendocino County Rail Trail Plan (2012), Ukiah Downtown Streetscape Improvement Plan (2009), and the City of Ukiah General Plan (Circulation and Transportation Element amended in 2004). MCOG’s Regional Transportation Plan (2017) and Section 5, Circulation and Transportation, of the Ukiah Valley Area Plan (2011) addresses transportation within the larger Ukiah Valley. The Baseline Study incorporated applicable goals and policies from each of these documents into the methodology and analysis when formulating its screening tools. As noted in the Baseline Study, per CEQA Guidelines Section 15064.3, vehicle miles traveled for land use projects exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less than significant transportation impact. In addition, projects that decrease vehicle miles traveled in the project area compared to existing conditions should be presumed to have a less than significant transportation impact. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a lead agency may analyze the project’s vehicle miles traveled qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate. A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. Environmental Setting: The City of Ukiah generally lies west of U.S. 101 between the U.S. 101/North State Street interchange, and the U.S. 101 / South State Street interchange. Three major interchanges along U.S. 101, Talmage Road, Gobbi Street, and Perkins Street (from south to north), provide access to southern and central Ukiah. The City of Ukiah is developed in a typical grid pattern with streets generally oriented north to south and east to west. Bicycle lanes are located throughout the City and public transit is provided by the Mendocino Transit Authority (MTA). 32 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Discussion: (a-b) Less than significant impact. While the Proposed Project is intended to facilitate housing development within the City of Ukiah, it does not include specific development designs or proposals, nor does it grant any entitlements for development. Development could also result in impacts to the City’s transportation system depending on location, intensity, and other siting factors. However, the location, intensity, siting, and timing of such development is unknown. Therefore, a high level qualitative analysis is provided below. The OPR Technical Advisory on Evaluating Transportation Impacts Under CEQA suggests that a home based trip approach is one of the best methods for assessing VMT from residential projects. As noted in the Technical Advisory, many agencies use “screening thresholds” to quickly identify when a project should be expected or assumed to cause a less-than-significant impact without conducting a detailed study. As noted in the Fehr & Peers Baseline Study, the specific VMT estimate relies on the vehicle trip generation rate contained in the OPR Technical Advisory for small project screening and average vehicle trip lengths for Mendocino County based on the 2012 California Household Travel Survey (CHTS). Converting this value to an equivalent number of residential households would indicate that residential projects up to 22 units in Mendocino County could be screened out of analysis. It is expected that construction of the Project would result in a temporary increase in traffic to and from the site, as construction workers arrive and leave each work day. However, once construction is complete, workers would no longer be traveling to the site, and the source of VMT would result from permanent residents. Future projects would reviewed by the Department of Public Works and the MTA (as applicable) for potential impacts to the transportation system; additional review and analyses may be required for larger residential projects exceeding 22 units. Impacts would be less than significant. (c-d) Less than significant impact. All road improvements would be developed in accordance with Fire and Building codes related to emergency access and safety. Therefore, future residential projects would not increase traffic hazards, nor would they result in inadequate emergency access. Impacts would be less than significant. 18. Tribal Cultural Resources TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. 33 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Significance Criteria: An impact to tribal cultural resources would be significant if the Project were to substantially reduce the significance of a tribal cultural resource, a listed or eligible historic resource, or a resource considered significant by a California Native American tribe. Tribal cultural resources include “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe” that are eligible for inclusion in the California Register of Historical Resources (California Register) or included in a local register of historical resources. Lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the Proposed Project.” The consultation process must be completed before a CEQA document can be certified. Environmental Setting: As discussed in Section 5, Cultural Resources, areas that are most typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches above watercourses because Native Americans and settlers favored easy access to potable water. Tribes known to be present within the Ukiah area include (but are not limited to) the following: • Coyote Valley Band of Pomo Indians • Guidiville Indian Rancheria of Pomo Indians • Hopland Band of Pomo Indians • Pinoleville Pomo Nation • Potter Valley Rancheria • Redwood Valley Little River Band of Pomo Indians • Scotts Valley Band of Pomo Indians • Yokayo Tribe, not federally recognized An Historical and Architectural Survey Update was last prepared for the City by P.S. Preservation Services in 1999. The survey identified 23 properties with historic importance within the City limits. City Ordinance No. 838 was passed by the City in 1983, requiring that prior to the demolition of any building over 50 years old, the approval of the City must be obtained. The ordinance is a positive preservation tool, allowing some review and public input opportunity regarding the potential loss of historically significant buildings. Discussion: (a-b) Less than significant impact. As described in Section 5, Cultural Resources, of this Initial Study, because most of the parcels within the City Limits that are residential and commercial zoned are currently developed, it is unlikely that cultural resources would be impacted by future residential development. Although parcels along City creeks have a higher potential for containing cultural resources all future development is subject to CEQA Guidelines Section 15064.5 (e-f) which specifically addresses what to do in the event that human remains or archeological resources are accidentally discovered, and City Ordinance No. 838, protecting historic buildings; future development would be analyzed on a project level basis and subject to environmental review of their individual impacts, as applicable. The proposed Zoning Code amendments also require amendment to the City of Ukiah’s General Plan to increase allowable building density. While the proposed changes include policy changes to facilitate housing development, no development or physical changes to the environment are proposed. However, in accordance with SB 18, tribal notifications offering the opportunity to request formal consultation and an opportunity to review the proposed Zoning Code amendments were sent to California Native American Tribes identified on the list maintained by the Native Heritage Commission (NAHC) on April 22, 2021. The tribes have 90 days to request consultation; no requests for consultation have been received to date. The list of tribes contacted are included in Attachment D. 34 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah For the reasons discussed above, impacts to Tribal Cultural Resources from the Proposed Project would be less than significant. 19. Utilities and Service Systems UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Significance Criteria: Impacts to utility and service systems would be significant if the Project resulted in the construction or expansion of utilities that could cause significant environmental effects; have insufficient water supplies available to the Project during normal to extremely dry years; resulted in inadequate capacity of the wastewater treatment plant; generated solid waste exceeding the capacity of local infrastructure or impairing the achievement of solid waste reduction goals; or failed to comply with any management and reduction statutes or regulations related to solid waste. Environmental Setting: The majority of City properties are served by City water, sewer, electricity and trash collection. However, some properties within the western hills do not currently have access to City utilities. Water and electric utility services are provided by the City of Ukiah to parcels within the City limits. The Ukiah Valley Sanitation District (UVSD) and the City of Ukiah provide public sewer services to customers within their boundaries under the purview of the State Water Quality Control Board. The City’s sewage treatment plant and Waste Water Treatment Plant (WWTP), operational since 1958, serves the City of Ukiah and the Ukiah Valley Sanitation District. It has a current treatment capacity of 2.8 million gallons per day (MGD) of dry weather flow and 20 MGD of peak wet weather flow. Primary treatment removes floating material, oils and greases, sand and silt and organic solids heavy enough to settle in water. Secondary treatment biologically removes most of the suspended and dissolved organic material. The Ukiah landfill, outside City limits on Vichy Springs Road, stopped receiving municipal solid waste in 2001 and the City is working on capping the landfill. No new waste generated will be processed through the landfill. Solid waste collected from future development would be delivered to the Ukiah 35 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah Transfer Station, which is owned by the City of Ukiah and operated by Solid Wastes Systems, Inc. Discussion: (a-e) Less than significant impact The Project does not include extension of utilities. Future housing development would connect to the existing infrastructure. All development would be required to comply with all regulations pertaining to wastewater, solid waste, and other service systems. Impacts would be less than significant. 20. Wildfire WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Significance Criteria: Impacts to wildfire would be significant if the Project were located in or near a State Responsibility Area (SRA) or lands classified as very high fire hazard severity zones and substantially impaired an emergency response plan; exposed Project occupants to wildfire pollutants or uncontrolled spread of wildfire due to site conditions such as slope and prevailing winds; require the installation or maintenance of infrastructure that could exacerbate fire risk; or expose people or structures to significant risks as a result of post-fire runoff, slope instability or drainage changes. Environmental Setting: All of the City of Ukiah is located within the Ukiah Valley Fire Authority’s jurisdiction. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, County lands immediately west of the City are located within the SRA and are classified as having a “Very High” fire hazard severity. A shaded fuel break was constructed (North to South) along the base of the western hills along the entire length of the City to reduce fuel loads and protect the community from wildfire risk in 2003. Maintenance was performed on the 100-ft wide, 2.6-mile fuel break in late 2018 and early 2019. As discussed in Section 9, Hazards and Hazardous Materials, the County’s EOP plan and MJHMP address emergency operations, natural disasters (including wildfire), as well as mitigation strategies to reduce potential risks. The City of Ukiah adopted its “jurisdictional annex” chapter of the MJHMP on November 18, 2020. Hazards identified for the City of Ukiah include 36 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah. Discussion: (a-d) Less than Significant. . The Project does not propose housing. Future housing would be constructed within the Ukiah Valley Fire District service area and all future development would be reviewed by the Fire Marshall and required to comply with current Fire Code regulations. Impacts would be less than significant. 21. Mandatory Findings of Significance MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 37 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: (a-c) Less than significant impact. While the Proposed Project is intended to facilitate housing development within the City of Ukiah, it does not include specific development designs or proposals, nor does it grant any entitlements for development. All future development associated with the proposed Zoning Code amendments would be in residential or commercial zoning districts where housing development is already generally allowed by right, or with an approved use permit and site development permit by the City’s Zoning Code and General Plan. There are many possible scenarios and outcomes of the proposed Zoning Code amendments. Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, location, size and timing of future development is unknown. However, all future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would be subject to Building Permits for consistency with building and safety codes; additional environmental and discretionary review may also be required. Based on the findings and conclusions contained in the Initial Study, the Proposed Project does not have the potential to impact any environmental resources. All impacts were found to have no impact or result in a less than significant impact as a result of the Project. Cumulative impacts are generally considered in analyses of air quality, biological resources, cultural resources, noise, and traffic. As discussed throughout the Initial Study, the Proposed Project would have less than significant impacts on these resources. Housing development that may result from implementation of the Zoning Code amendments could result in impacts to environmental resources that may be considered cumulatively considerable. However, at this time, location, intensity and timing of specific housing development is not known. All future housing development would be analyzed on a project level basis. Based on the findings and conclusions contained in the Initial Study, cumulative impacts related to the Proposed Project would be less than significant. Based on the aforementioned, impacts to the environment, human beings, and cumulative impacts would be less than significant. 38 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah VI. REFERENCES 1. CalFire State Responsibility Area Viewer http://www.fire.ca.gov/firepreventionfee/sraviewer_launch 2. CalFire, California Fire Hazard Severity Zone Map Web Viewer. http://egis.fire.ca.gov/FHSZ/ 3. California Department of Conservation. California Geological Survey. Earthquake Fault Map, Ukiah. Zones of Required Investigation. http://gmw.conservation.ca.gov/SHP/EZRIM/Maps/UKIAH.PDF . 4. California Department of Conservation. California Geological Survey. U.S. Landslide Inventory Web Application. https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8c9 04b456c82669d 5. California Department of Conservation. Farmland Mapping & Monitoring Program, California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/ 6. California Department of Finance. American Community Survey. http://www.dof.ca.gov/Reports/Demographic_Reports/American_Community_Survey 7. California Department of Toxic Substance Control. EnviroStor database https://www.envirostor.dtsc.ca.gov/ 8. California Department of Transportation California State Scenic Highway System map. https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000d fcc19983 9. California Governor’s Office of Planning and Research. Discussion Draft Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA, May 2015. 10. City of Ukiah General Plan. Last amended 2019. 11. City of Ukiah Bicycle and Pedestrian Master Plan. Prepared by Alta Planning + Design, W-Trans and Walk Bike Mendocino. August 2015. 12. City of Ukiah Code. Last amended 2021. https://www.codepublishing.com/CA/Ukiah 13. City of Ukiah. Housing Element Update 2019-2027. Adopted October 23, 2019 and Certified by HCD December 5, 2019.http://www.cityofukiah.com/projects/housing- element-update/ 14. City of Ukiah. Housing Element Update 2029-2027. Final Initial Study and Negative Declaration. Adopted by City Council on October 23, 2019. http://www.cityofukiah.com/NewWeb/wp-content/uploads/2019/10/2019-2027-Ukiah-HE- ISND-FINAL-Adopted-10232019.pdf 15. City of Ukiah. Ukiah Western Hills Open Land & Limited Development Agreement Draft Initial Study and Mitigated Negative Declaration. April 16, 2021. http://www.cityofukiah.com/ceqa-review/ 39 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah 16. Federal Highway Administration. 2006. Roadway Construction Noise Model (FHWA- HEP-05-054). 17. Federal Transit Administration, 2018. Transit Noise and Vibration Impact Assessment Manual. FTA Report No. 0123. Prepared by John A. Volpe National Transportation Systems Center. September, 2018. https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no- 0123_0.pdf 18. Fehr & Peers, on behalf of the Mendocino Council of Governments (MCOG), Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study. May 20, 2020. https://www.mendocinocog.org/vehicle-miles-traveled-vmt-regional-baseline-study- completed 19. Landslide Inventory (Beta). California Department of Conservation. California Geological Survey. https://maps.conservation.ca.gov/cgs/lsi/ 20. Mendocino Council of Governments (MCOG). 2017 Mendocino County Regional Transportation Plan. Prepared by Davey Bates Consulting. Adopted February 5, 2018. https://www.mendocinocog.org/files/742330750/2017+RTP+As+Adopted%28web+forma t%29.pdf 21. Mendocino County Air Quality Management District of the California North Coast Air Basin. Particulate Matter Attainment Plan. January 2005. https://www.co.mendocino.ca.us/aqmd/pm-attainment.html 22. Mendocino County Air Quality Management District website. http://www.co.mendocino.ca.us/aqmd/diesel-engine-information.html. 23. Mendocino County Airport Land Use Commission. Ukiah Airport Land Use Compatibility Plan. Adopted May 20, 2021. 24. Mendocino County Fire Hazard Severity Map. November 7, 2007. 25. Mendocino County Important Farmland Map, undated. 26. Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). Adopted December, 2020. Vol 2, Chapter 1, City of Ukiah Jurisdictional Annex, adopted by the City of Ukiah November 18, 2020. 27. Mendocino County Office of Education. Schools & Districts. https://www.mcoe.us/schools-districts/ 28. Mendocino County Property Search (eTRAKiT). http://etrackit.co.mendocino.ca.usetrakit3/Search/parcel.aspx 29. Mendocino County Water Agency. Water Supply Assessment for the Ukiah Valley Area Plan. October 20, 2010. https://www.mendocinocounty.org/home/showpublisheddocument?id=5486 30. Mendocino County Wildland-Urban Interface (WUI) Zones Map, undated. https://www.mendocinocounty.org/home/showdocument?id=18425 31. Mendocino County General Plan, adopted in 2009 and last revised 2015. https://www.mendocinocounty.org/government/planning-building- services/plans/mendocino-county-general-plan 40 Housing-related Zoning Code Amendments Draft Initial Study and Negative Declaration City of Ukiah 32. Mendocino County 2019-2027 Housing Element (6th Cycle). August, 2020. https://www.mendocinocounty.org/government/planning-building- services/plans/housingelement 33. Mendocino County Public GIS Portal https://gis.mendocinocounty.org/portal/home/ 34. Mendocino County Inland Zoning Code https://www.mendocinocounty.org/government/planning-building- services/regulations/zoning-code 35. P.M.C. Background Report for the County of Mendocino General Plan Update. Prepared January 2003. 36. State Water Resources Control Board. GeoTracker. https://geotracker.waterboards.ca.gov. 37. Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts In CEQA. December 2018. https://www.opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf 38. U.S. Department of Agriculture - Soil Conservation Service. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm 39. U.S. Department of Fish and Wildlife. Environmental Conservation Online System. https://ecos.fws.gov/ecp0/reports/species-listed-by-state-report?state=CA&status=listed 40. Ukiah Valley Area Plan, adopted August 2, 2011. https://www.mendocinocounty.org/government/planning-building-services/plans/ukiah- valley-area-plan 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com 1 GENERAL PLAN TEXT AMENDMENT NO. 21-01 On August 18, 2021, the City Council adopted Resolution No. 2021-38, approving General Plan Amendment No. 21-01, approving the following amendments to the 1995 General Plan Land Use Element, shown below. Approved changes are shown in strikeout (for deleted text) and italics (for added text). Medium Density Residential Maximum density: One to fourteen fifteen dwelling units per one acre of gross land area. with public water and public sewer; one dwelling unit per 12,000 2,904 square feet of gross land area with public water or public sewer; one dwelling unit per one acre of gross land area with well and septic. Commercial Designation: Maximum building intensity: With the exception of the Downtown Master Plan area when off-site parking is provided through a parking district, the maximum lot coverage for commercial development shall be forty percent of the gross land area. For residential development, the maximum lot coverage shall be no more than sixty percent of the gross land area, where indicated by the zoning district. Exhibit B