HomeMy WebLinkAbout2021-05-26 Packet - updatedPage 1 of 2
Planning Commission
Regular Meeting
AGENDA
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/678443853
You can also dial in using your phone.
United States: +1 (408) 6503123; Access Code: 678443853
May 26, 2021 6:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
4.a. Approval of the Minutes of May 12, 2021, a Regular Meeting
Recommended Action: Approve the Minutes of May 12, 2021, a Regular Meeting.
Attachments:
1.51221 Regular Meeting Minutes Draft
5. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written
appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made.
An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision
from which the appeal is taken. For items on this agenda, the appeal must be received by June 7, 2021.
6. COMMENTS FROM AUDIENCE ON NONAGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments
to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action
to be taken on audience comments.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PLANNING COMMISSIONERS REPORT
10. DIRECTOR'S REPORT
Page 1 of 66
Page 2 of 2
11. CONSENT CALENDAR
12. NEW BUSINESS
12.a. Consideration of proposed Mural Permit facilitated by the Ukiah Valley Youth Leadership
Coalition to be located on the Arbor Youth Resource Center at 810 North State Street; APN
(00208036); File No. 216250.
Recommended Action: Approval of the Mural Permit, subject to the Conditions attached in the
Staff Report.
Attachments:
1.Draft Conditions of Approval
2.Application Materials
3.Mural Design & Location
12.b. Recommendation to the City Council for approval of an Initial Study/Mitigated Negative
Declaration and approval of the Ukiah Western Hills Open Land Acquisition & Limited
Development Agreement Project. File No.: 205915. (STAFF REQUESTS A CONTINUANCE
OF THIS ITEM TO JUNE 9, 2021, AT 6:00 P.M. OR SOON THEREAFTER.)
Recommended Action: Staff Recommends that the Planning Commission Receive the Status
Update on the Project and Continue the Public Hearing to a Time and Date certain of June 9th,
2021 at 6:00 p.m., or soon thereafter.
Attachments:
1.ATT 1_ ISMND Comments_Combined
13. UNFINISHED BUSINESS
14. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon
request. Materials related to an item on this Agenda submitted to the Planning Commission after
distribution of the agenda packet are available at the Civic Center 300 Seminary Ave. Ukiah, CA
95482; and online at: www.cityofukiah/meetings/ at the end of the next business day.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located
at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on
this agenda.
May 21, 2021
Stephanie Abba
Planning Commission Secretary
Page 2 of 66
Agenda Item 4a
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
Meeting held Virtually: https://global.gotomeeting.com/join/678443853
Ukiah, CA 95482
May 12, 2021
6:00 p.m.
1. CALL TO ORDER
The regular meeting of the City of Ukiah Planning Commission was called to order by Chair
Christensen at 6:01 p.m. on https://global.gotomeeting.com/join/678443853. The meeting
was legally noticed on Friday, May 7, 2021
CHAIR CHRISTENSEN PRESIDING.
2. ROLL CALL
Roll was taken with the following Commissioners Present: Rick Johnson, Michelle
Johnson, Ruth Van Antwerp, Mark Hilliker, and Chair, Laura Christensen. Staff Present:
Craig Schlatter, Community Development Director; Jesse Davis, Planning Manager; and
Stephanie Abba, Planning Secretary.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited by everyone.
4. APPROVAL OF MINUTES
a. Approval of April 28, 2021, Regular Meeting Minutes.
Motion/Second: R. Johnson/Hilliker to approve the Draft Minutes of April 28, 2021, a
Regular Meeting. Motion carried by the following roll call vote: AYES: R. Johnson, M.
Johnson, Van Antwerp, Hilliker, and Chair Christensen. NOES: None. ABSENT: None.
ABSTAIN: None.
5. APPEAL PROCESS
No matters eligible for appeal were received.
6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No public comment was received.
7. SITE VISIT VERIFICATION
Site Verified
8. VERIFICATION OF NOTICE
Confirmed by Staff
9. PLANNING COMMISSIONERS’ REPORT
No report was given.
Page 3 of 66
Minutes of the Planning Commission, May 12, 2021, Continued:
Page 2 of 2
10. DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director.
Report Received.
11. CONSENT CALENDAR
No items on consent calendar.
12. NEW BUSINESS
a. Consideration of Proposed Major Use Permit to Operate Cannabis Processing,
Distribution, and Non-Storefront Retail/ Delivery within an Existing building at
902 Waugh Lane; APN 003-090-38. File No. 20-5750.
Presenter: Jesse Davis, Planning Manager
Public Comment: Davis Lawyer, Agent; Stephanie Lovell, Applicant; Gary Gottlieb
Motion/Second: Van Antwerp/M. Johnson to Adopt the Findings and Conditionally
Approve the Major Use Permit to Allow for Cannabis “Processing” “Distribution”, and Non-
Storefront Retail Delivery within an Existing Building at 902 Waugh Lane, Ukiah, CA 95482,
(based on the Findings, see Attachment 1 for the “Findings”, and subject to the Conditions
listed in the Staff Report, see Attachment 2, for the “List of Conditions”). Motion carried by
the following roll call vote: AYES: R. Johnson, M. Johnson, Van Antwerp, and Chair
Christensen. NOES: Hilliker. ABSENT: None. ABSTAIN: None.
13. UNFINISHED BUSINESS
a. Nomination and Appointment of Vice Chair of the Planning Commission; and
Planning Commission Reorganization on the Dias.
Presenter: Craig Schlatter, Community Development Director
Motion/Second: Van Antwerp/Christensen to Nominate and Appoint Mark Hilliker as Vice
Chair for the Planning Commission. Motion carried by the following roll call vote: AYES:
R. Johnson, M. Johnson, Van Antwerp, and Chair Christensen. NOES: None. ABSENT:
None. ABSTAIN: Hilliker.
It is the Consensus of the Commission to do the Reorganization of the Officers of the
Commission on the Dias when meetings are back in person according Section 7l of the
Procedures of Conduct. The change will occur every May beginning May 2022.
14. ADJOURNMENT
There being no further business, the meeting adjourned at 7:30 P.M.
_______________________________________
Stephanie Abba, Planning Commission Secretary
Page 4 of 66
AGENDA ITEM NO. 12a
Department of Community Development
300 Seminary Ave.
Ukiah, CA 95482
planning@cityofukiah.com
Staff Report
Mural Permit
Redwood Community Services
810 North State Street
File No.: 21-6250
1
DATE: May 19, 2021
TO: Planning Commission
FROM: Jesse Davis, Planning Manager
SUBJECT: Request to review a ‘Mural Permit’ facilitated by the Ukiah Valley Youth
Leadership Coalition to be located on the Arbor Youth Resource Center at 810
North State Street; APN (002-080-36); File No. 21-6250.
SUMMARY
OWNER: Redwood Community Services (RCS)
PO Box 422
Ukiah, CA, 95482
APPLICANT / AGENT: RCS; Jessica Johnson & Amalia Abrojena
631 S. Orchard Avenue
Ukiah, CA, 95482
DATE DEEMED COMPLETE: May 13, 2021
LOCATION: 810 North State Street; APN (002-080-36)
TOTAL ACREAGE: N/A
GENERAL PLAN: Commercial (C)
ZONING DISTRICT: Community Commercial (C1)
ENVIRONMENTAL
DETERMINATION:
General Rule, pursuant to CEQA Guidelines Section 15601
‘Common Sense’
RECOMMENDATION: Conditional Approval; Draft Conditions (Attachment 1)
BACKGROUND & PROJECT DESCRIPTION
The Ukiah Valley Youth Coalition identified missing and murdered indigenous women as a topic
for which they wanted to raise community awareness. The youth collaborated with artist Shane
Grammer to facilitate a mural proposal on the subject. The selected mural is an image of Khadijah
Britton, while in the background the features include a red hand and feathers. The top of the mural
will read “Hope Through Art,” and the bottom of the mural will read “Murdered & Missing
Indigenous Women.” The proposed installation will be 34.5 feet wide and approximately 12 feet
tall. Shane Grammar and the Hope Through Art Foundation have established a schedule for the
project, including a one-day workshop that will teach necessary skills and processes to install the
mural. The proposed project will be completed over the course of 5 days, and subsequently
installed on the wall of a privately owned building that maintains frontage along State Street. The
Page 5 of 66
Staff Report
Mural Permit
Redwood Community Services
810 North State Street
File No.: 21-6250
2
proposed design as well as associated application materials are included with this report as
Attachments 2 and 3.
SURROUNDING LAND USE & ZONING
The project site is located along North State Street within the City of Ukiah, immediately northwest
of its intersection with Gibson Street. Access is provided via direct encroachment onto State
Street, with an additional entrance maintained onto Gibson Street. The project site has a General
Plan land use designation of Commercial (C) and a zoning designation of Community Commercial
(C1). The project is adjoined to the north, south, and east by commercial uses including a
restaurant, car-wash, barber shop, and public agency office. To the west, the property is bounded
by a single family residential unit. A summary of zoning designations and uses is provided below
in Table 1. A General Plan Land Use Map is depicted in Figure 1, a Zoning Map is depicted in
Figure 2, and an aerial map of the site and are is included in Figure 3.
Table 1, Surrounding Zoning and Land Uses
Figure 1. General Plan Land Use Figure 2. Zoning Designation
Figure 3. Aerial View
ZONING: USE:
NORTH Community Commercial (C1) Barber Shop
EAST Single Family Residential (R1) Single-Family Dwelling
SOUTH Community Commercial (C1) State of California – Dept. of Corrections &
Rehabilitation Offices
WEST Heavy Commercial (C2) Car Wash; Restaurant
Page 6 of 66
Staff Report
Mural Permit
Redwood Community Services
810 North State Street
File No.: 21-6250
3
AGENCY COMMENTS
Planning staff provided project referrals to responsible or trustee agencies with interest or
jurisdiction over the project, particularly the City of Ukiah Building Services Division. Planning staff
engaged the Building Services Division to determine if additional information was required to find
the application complete, or if the project necessitated particular Conditions of Approval. Upon
review, discussion and examination, the Building Inspection Division submitted no specific
Conditions of Approval, nor were project comments submitted due to the limited scope of work
and the nature of the requested activities. Staff applied standard Conditions of Approval, however,
which affirms that the applicant shall obtain and maintain any permit or approval required by law,
regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal
agencies as applicable.
STAFF ANALYSIS
General Plan and Zoning Consistency
The parcel carries a General Plan Land Use designation of Commercial (C) and is zoned
Community Commercial (C1).
The City’s Public Art Policy, adopted by the City Council on July 20, 2016 (Resolution 2016-45),
is not applicable to requests for mural installations on private property. This is because the City’s
Public Art Policy is applicable only to the following areas per the definition of ‘Public Place’:
1) City-owned park;
2) City-owned open space or public right of way;
3) City-owned pathway or trail system;
4) City-owned buildings;
5) City-owned parcels;
As such, UCC Section 3225(g) outlines the approach to permit the request at the Arbor Youth
Resource Center. Applications submitted under this code section still require the review of
Planning Commission. Depending on the size of the mural and location/site conditions, a Site
Development Permit and Design Review may be required at the determination of the Community
Development Director.
UCC Section 3225(g) states “Murals are allowed subject to review by the planning commission
as a regular agenda item. Criteria upon which murals will be evaluated as both art and advertising
are: compatibility with surrounding environment and community in general; appropriateness to
site; relationship to use of building upon which it is placed; impact on motorists and traffic hazards;
advertising potential. Written messages are discouraged. Any area determined to be advertising
and allowed to remain in the mural shall be counted as part of the allowed parcel signage.”
The proposed location is compatible with the surrounding environment, and similar to a permitted
mural on a private structure at 955 N. State Street. In general, the project area is a commercial
corridor that features an array of signage and improvements. Given the dimensions and content
of the proposed mural, it is eligible for review by the Planning Commission per UCC 3225(g).
According to the Ukiah Valley Youth Coalition, the murals serves to highlight an issue of social
importance, and that it is appropriate to the site and structure for which it is to be located. The
Page 7 of 66
Staff Report
Mural Permit
Redwood Community Services
810 North State Street
File No.: 21-6250
4
selected mural is associated with several on-site services offered and highlighted by Redwood
Community Services (RCS). The subject structure houses a variety of family and civic services,
including the Arbor Youth Resource Center. The Arbor Youth Resource Center is a designated
facility for young adults to access free classes/programs, independent living skills, and better
understand aspects demarcating healthy peer relationships. In conjunction with the Hope
Through Art Foundation, the mural will highlight the importance of these services. According to
the application materials submitted, “The design for the mural project was identified to provide an
opportunity to bring awareness, give voice, and call for an end to hundreds of years of violence
against Indigenous and Native women.”
Staff determined that any impact to motorists or created traffic hazards would be negligible. Given
the orientation of adjacent structures immediately to the north, mural visibility is minimized to
southbound motorists. Additionally, no flashing, rotating, animated, blinking and moving
components are to be utilized and the sign is affixed in a manner that does not impact pedestrian
circulation or path of travel.
Moreover, the mural is not intended to project over the roof of a building or structure thereby
limiting its visibility to street-level. It also does not purport to be an imitation of, or resemble an
official traffic sign or signal, or which bear the words "stop", "go slow", "caution", "danger",
"warning" or similar word. While text is utilized as part of the mural, it is done in a unified font and
aesthetic that is considered a part of the design and messaging. The messaging and text does
not serve an advertising or commercial purpose, and not considered as part of the cumulative
sign area for the project site.
ENVIRONMENTAL DOCUMENTATION
The proposed Project is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines §15061(b)(3), where it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment.
The project involves exterior improvements to a property that involves a request to install a mural
on a private structure. There are no unusual circumstances that would result in a reasonable
possibility of a significant effect, and the project is determined to be consistent with the applicable
general plan designation and policies, including applicable zoning and signage regulations.
NOTICE
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
Section 3225(g):
• Published in the Ukiah Daily Journal on May 21, 2021
• Posted on the Project site on May 17, 2021
• Posted at the Civic Center (glass case) 72 hours prior to the public hearing
• Provided to property owners within 300 feet of the project parcels, as well as Public
Agencies on May 21, 2021
Page 8 of 66
Staff Report
Mural Permit
Redwood Community Services
810 North State Street
File No.: 21-6250
5
RECOMMENDATION
Staff recommends Planning Commission 1) conduct a public hearing; and 2) conditionally
approve a Mural Permit for the project described within this staff report and associated application
materials.
ATTACHMENTS
1. Draft Conditions of Approval
2. Project Application Materials
3. Mural Design and LocationS
Page 9 of 66
Draft Conditions of Approval
Mural Permit
Redwood Community Services
810 N State Street
File No.: 21-6250
1
AT TACHMENT 1
DRAFT CONDITIONS OF APPROVAL FOR A MURAL PERMIT FACILITATED BY THE UKIAH VALLEY
YOUTH LEADERSHIP COALITION AT THE ARBOR YOUTH RESOURCE CENTER LOCATED AT 810
NORTH STATE STREET; APN (002-080-36)
The following Conditions of Approval shall be made a permanent part of the Mural Permit, shall
remain in force regardless of property ownership, and shall be implemented in order for this
entitlement to remain valid.
Approved Project Description: The Ukiah Valley Youth Coalition identified missing and murdered
indigenous women as a topic for which they wanted to raise community awareness. The youth
collaborated with artist Shane Grammer to facilitate a mural proposal on the subject. The selected
mural is an image of Khadijah Britton, while in the background the features include a red hand
and feathers. The top of the mural will read “Hope Through Art,” and the bottom of the mural will
read “Murdered & Missing Indigenous Women.” The proposed installation will be 34.5 feet wide
and approximately 12 feet tall. The proposed project will be completed over the course of 5 days,
and subsequently installed on the wall of a privately owned building that maintains frontage along
State Street.
CITY OF UKIAH CONDITIONS
1.Approval is granted to allow a mural as described in the project application and subsequent
documents submitted to the Community Development Department.
2.This approval is not effective until the 10-day appeal period has expired without the filing of a
timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and
shall be revised as necessary to comply with any modifications, conditions, or requirements
that were imposed as part of the appeal.
3.All use, construction and the location thereof shall conform to the application and to any
supporting documents submitted therewith, including any maps or sketches accompanying the
application or submitted by applicant in support thereof.
4.If any condition is violated or if any required approval is not obtained, then the approval granted
shall be null and void; otherwise to continue in full force and effect indefinitely until otherwise
terminated.
5.The approved Project may be revoked through the City's revocation process if the approved
project is not being conducted in compliance with the stipulations and conditions of approval;
or, if the project is not established within two (2) years of the effective date of approval; or, if
the established Project for which approval was granted has ceased or has been suspended for
twenty-four (24) consecutive months.
6.Except as otherwise specifically noted, any Project approval shall be granted only for the
specific purposes stated in the action approving such Project and shall not be construed as
eliminating or modifying any building, use, or zone requirements except as to such specific
purposes.
7.The applicant shall obtain and maintain any permit or approval required by law, regulation,
specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
applicable.
Page 10 of 66
Draft Conditions of Approval
Mural Permit
Redwood Community Services
810 N State Street
File No.: 21-6250
2
8. The Applicant shall not conduct work or prohibit access to any pedestrian or vehicular right of
way when installing or painting the mural without first having obtained the required
encroachment permit.
Page 11 of 66
ATTACHMENT 2
Page 12 of 66
Page 13 of 66
Page 14 of 66
Page 15 of 66
Page 16 of 66
Foster Family Agency | Behavioral Health Services | Family Social Services | Skill Building & Empowerment Services
Crisis Response Services | Transitional Services | Residential Services | Homeless Services |Substance Use Services
Mailing Address: PO Box 2077, Ukiah Ca 95482 | Administrative Office: 707-467-2010 | Administrative Fax: 707-462-6994
Project Description
The Ukiah Valley Youth Leadership Coalition is comprised of youth in the Ukiah valley and surrounding
areas of Mendocino County. The youth driven and led coalition works collaboratively on identifying and
addressing issues in the community and uses these issues to create impactful projects that provide
healthy activities and create and facilitate positive change and awareness. The projects help youth learn
about, promote and support creative and healthier lifestyles; and help to reduce youth substance abuse
and create opportunities for community connections and youth empowerment.
In partnership with Redwood Community Services and the Arbor Drug-Free Communities Coalition, the
Ukiah Valley Youth Leadership Coalition is proposing to create a mural in honor of Khadijah Britton and
Missing and Murdered Indigenous Women (MMIW). The youth coalition identified Khadijah Britton to
honor this local missing indigenous woman. The coalition also identified bringing awareness of Missing
and Murdered Indigenous Women as a human-rights crisis, disproportionately affecting Indigenous
peoples in Canada and the United States, specifically those in Native American communities.
In collaboration with professional and world-renowned muralist, Shane Grammar and Hope Through Art
Foundation, the proposed mural project will be youth led and driven. This gives youth in our community
a meaningful, socially conscious, creative and impactful voice and an outlet for youth to build leadership
skills through civic engagement. The proposed project will be on the eastern facing side of Redwood
Community Services building, located at 810 North State Street, Ukiah. The proposed mural project will
be 34.5 feet wide and 12 feet, 2.5 inches long. Shane Grammar and the Hope Through Art Foundation,
have established a detailed outline and schedule of the mural project, including a one-day workshop
that will teach the youth the necessary skills and processes to painting a mural of this scale. The
proposed mural project will be completed over the course of 5 days from May 24th to May 28th, 2021.
The proposed project will be completed with environmentally appropriate painting materials, made for
this type of mural project. The top of the proposed mural will be a grey background with white writing
reading “Hope Through Art”. The bottom of the proposed mural will also be the same grey background
and will read “Missing and Murdered Indigenous Women”, with the beginning of each word in red and
remaining portion of the word in white, signifying the acronym MMIW. The center of the mural will have
a black and grey background with red feathers, representative of the Round Valley Indian Tribe and a
red hand, representative of Missing and Murdered Indigenous Women. It will also have Kadijah Britton’s
high school portrait painted left of center of the mural. The youth identified the design for the mural
project to provide an opportunity to bring awareness, give voice, and call for an end to hundreds of
years of violence against Indigenous and Native women.
Page 17 of 66
Redwood Community Services, Inc.
2 | Page
The Ukiah Valley Youth Leadership Coalition, Redwood Community Services and Arbor Drug-Free
Communities seek to honor and raise awareness of Missing and Murdered Indigenous Women and the
unsolved missing persons case of Khadijah Britton, as she has become the local representation of
women that disappear every year in California. This mural is an important and significant addition to our
community as it will honor Khadijah Britton, her family and indigenous communities facing similar
issues. The proposed project will highlight indigenous resilience and strength and draw attention to the
strong native women here with us today. The hope is that the proposed mural project will let the
community of Mendocino County know that we stand together to help raise awareness and celebrate
resilience, with the hope of addressing this issue together and putting an end to violence against
indigenous and Native women.
Page 18 of 66
Return application to Neil Davis, Program Administrator, Community Services. City of Ukiah.
411 W Clay St Ukiah CA 95482 or email ndavis@cityofukiah.com; 707-467-5764
Thank your for considering a contribution to public art in the City of Ukiah. Approval of a public art
project in the city of Ukiah requires 1) Complete and submit the below application. 2) Completed
applications will be reviewed by City Staff. 3) Staff will contact you to discuss the project and may ask
for further clarification. 4) Approved applications will then be forwarded to the Design and Review
Board (DRB) for consideration. You will be notified of their meeting date. 5) DRB approved projects
will then be forwarded to the Planning Commission. You will be notified of the Planning Commission
meeting date.
Application to Install Public Art – City of Ukiah
Name: Victoria Kelly, Redwood Community Services, Inc, Chief Executive Officer
Address: 631 S. Orchard St, Ukiah CA 95482
Phone: 707-467-2010
Email: kellyv@redwoodcommunityservices.org
Type of Art Installation:
Outdoor Painted Mural
Written description of the Artwork (500 words or less) Attach sketches or photos if available and helpful.
The Ukiah Valley Youth Coalition identified MMIW and local missing woman Khadijah Britton as a topic in
our community they wanted to raise awareness about. The youth partnered with world renown artist,
Shane Grammer & Hope Through Art Foundation, to create the mural together. The mural is an image of
Khadijah Britton (her Senior photo), in the background a red hand and red feathers. The top of the mural
will read “Hope Through Art,” the bottom of the mural will read “Murdered & Missing Indigenous Women.”
Background/historical information associated with art including information regarding the artist(s) (if
applicable).
The chosen artist for the project meets each requirement found in section II. Definitions, Artist, of the City
of Ukiah’s, Public Art Policy – RESOLUTION NO. 2016- 451, defined as, one who works in, is skilled in, or
conceptually creates in any area of the fine arts, such as painting, drawing, sculpture, etc., including
mixed -media. Is a " professional artist" is any person who, by virtue of professional training, exhibition,
history and/or critical review, is recognized by critics and peers as skilled in creating works of art. Is a
person who has a reputation of artistic excellence, as judged by peers, through a record of exhibitions,
public commissions, sale of works, educational attainment, or other means. Is a person who is a working
professional making the majority of their income from creating artworks. And, is an educator who
teaches studio art classes.
World renowned artist, Shane Grammar, former designer for Walt Disney Imagineering, and founder of
Hope Through Art Foundation. Artist biography/portfolio included as an attachment to this application.
Listed websites and social media below.
https://fineartamerica.com/profiles/shane-grammer/shop
Page 19 of 66
Return application to Neil Davis, Program Administrator, Community Services. City of Ukiah.
411 W Clay St Ukiah CA 95482 or email ndavis@cityofukiah.com; 707-467-5764
https://hopethroughartfoundation.com/?fbclid=IwAR3ByTe4hPshAsckUTYDf7drCwGvSZIdPctrOJoA_txP
9vaY3SLk7nz29g0
https://www.facebook.com/Hope-Through-Art-Foundation-102820195092368/
Please see Project Description included with this submission for background and historical information
associated with the proposed mural project.
Estimated Cost of Materials: $20,000
Estimated Value of Artwork: $20,000-priceless
Preferred Location Requested: 810 N. State Street (RCS Building)
Estimated Date(s) of Installation: May 24-28, 2021, upon approval by the City of Ukiah Planning
Commission.
Permanent: Yes Temporary: No End Date ____________________________
Will there be an acknowledgement sign?
Yes, there will be a plaque w/ information about Khadijah Britton, the artist Shane Grammar, Hope
Through Art Foundation and the The Ukiah Valley Youth Leadership Coalition.
Please outline proposed signage for the Artwork, including size, lettering, and material. Signage shall be
limited to the artist' s name, title, and date of work and, where appropriate, a dedication with the name
of the donor or lender.
The mural will not contain the artist’s name, title, and date of work, nor will it contain the name of the
donor or lender. A plaque, on the mural itself will read “Hope Through Art”.
Please attach and additional information that may expedite approval, for example:
Please see the project Site plan indicating the location of the proposed mural.
Environmental effects of the Artwork(s):
Public Art Policy – RESOLUTION NO. 2016- 45 states that, public art creates a unique sense of place and
communicates a strong civic identity for the City of Ukiah ("City"), and; the City encourages the
placement of artwork in public places and recognizes that art provides social, cultural and economic
benefits for residents and visitors; the installation of art in public places should be compatible with the
location, design, historical character, and infrastructure of the site, and; public places include City -
owned parks, open spaces, right-of-ways, pathways or trails, buildings and parcels.
I am willing to donate the art to the City with no expectation of artistic ownership or maintenance
oversite:
This is not applicable as the mural will be located on a Redwood Community Services building.
The following factors may be used by the City of Ukiah when considering the selection of Artwork for
installation in Public Places:
Page 20 of 66
Return application to Neil Davis, Program Administrator, Community Services. City of Ukiah.
411 W Clay St Ukiah CA 95482 or email ndavis@cityofukiah.com; 707-467-5764
a. Qualifications—Artists may be selected based on their qualifications as demonstrated by past work,
and the appropriateness of their concepts to the particular project.
b. Quality—Of highest priority are the design capabilities of the Artist and the inherent quality of the
Artwork.
c. Artistic Value— Public Artwork shall have a recognized aesthetic value.
d. Media—All forms of visual arts should be considered.
e. Appropriateness to Site—Artwork designs shall be appropriate in scale, material, form and content to
their immediate social and physical environments.
f. Size and Weight for Outdoor Artwork—Public Artwork located in an outdoor Public Place shall be of
appropriate and suitable weight to sustain interaction with the public.
g. Size and Weight for Indoor Artwork—Public Artwork located in an indoor Public Place shall not
interfere with any activities the public would normally use in the public facility.
h. Appropriateness to City's Public Art Purpose—Artworks should address a commitment to enhancing
Public Places, creating a sense of place and giving character to neighborhoods.
i. Permanence— Consideration shall be given to structural and surface integrity, permanence and
protection of the proposed artwork against theft, vandalism, weather, and excessive maintenance and
repair costs.
j. Public Liability—Safety conditions or factors that may bear on public liability must be considered in
selecting an Artist or Public Artwork.
k. Diversity—Public Artwork shall strive for diversity of style, scale, media and artists, including ethnicity
and gender of Artists selected.
I. Communication—The ability of the Public Artwork to effectively communicate should be taken into
consideration.
m. Maintenance— The installation shall be kept in good repair. Any deterioration, vandalism and other
maintenance issues shall be addressed in a timely manner by the Artist and/ or sponsoring organization.
Failure to properly maintain the installation will result in notification for removal.
Page 21 of 66
Page 22 of 66
City of Ukiah Zoning DesignationsATTACHMENT 3Page 23 of 66
City of Ukiah General PlanPage 24 of 66
Aerial Image (2020)★Page 25 of 66
Ground Level Image (2019)Page 26 of 66
Proposed Mural Design - Shane Grammer
Page 27 of 66
AGENDA ITEM NO. 12b
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Western Hills Open Land Acquisition &
Limited Development Agreement Project
File No.: 20-5915
1
DATE: May 21, 2021
TO: Planning Commission
FROM: Michelle Irace, Planning Manager
SUBJECT: Recommendation to the City Council for approval of an Initial Study/Mitigated
Negative Declaration and approval of the Ukiah Western Hills Open Land
Acquisition & Limited Development Agreement Project. File No.: 20-5915.
BACKGROUND
The City of Ukiah proposes the Ukiah Western Hills Open Land Acquisition & Limited Development
Agreement Project to acquire and annex approximately 693 acres (“Hull Properties”) in the Western
Hills for open space preservation, while restricting single family residential development on the
approximately 54 easternmost acres, consistent with existing development in the Western Hills within
the City of Ukiah limits. The “Proposed Project” includes acquisition and annexation of approximately
707 acres, prezoning, Lot Line Adjustments, a Development Agreement between Hull Properties and
the City of Ukiah, and associated site improvements.
In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning
Division prepared a draft Initial Study and Mitigated Negative Declaration (ISMND)1 for the proposed
project. The ISMND (State Clearinghouse No. 2021040428) was circulated for public review from April
16, 2021 through May 20, 2021. CEQA requires a 30-day public review period, but the City of Ukiah
opted to provide an additional five days to accommodate a 35-day review period. Public comments
received during the CEQA review period are included in Attachment 1.
Staff will provide the Planning Commission with a project update and requests additional time to
review and respond to the comments received during the public review period for Planning
Commission consideration and recommendation to the City Council.
RECOMMENDATION
Staff recommends that the Planning Commission receive the status update on the Project and
continue the public hearing to a time and date certain of June 9th, 2021 at 6:00 p.m., or
soon thereafter.
ATTACHMENTS
1.ISMND Comments Received during the Public Review Period
1 The ISMND and related documents can be found online at http://www.cityofukiah.com/ceqa-review/
Page 28 of 66
Comments Received on the Ukiah Western Hills Open Land Acquisition &
Limited Development Agreement Project Draft ISMND
(Public Review Period April 16, 2021- May 20, 2021)
Comment
Letter # Commenter Date Received
1 Margo Frank May 3, 2021
2 Crispin B. Hollinshead May 6, 2021
3 Ulla Brunnberg Rand May 12, 2021
4 Allie Duggan May 13, 2021
5 Western Hills Fire Safe Council May 14, 2021
6 Chris Watt May 18, 2021
7 Jeanne Chinn May 19, 2021
8 Andrea Vachon May 19, 2021
9 Michael Maynard May 19, 2021
10 Sharon Thomas (sent via email
from Emily Thomas) May 19, 2021
11 Andrea Davis May 20, 2021
12 Margo Frank May 20, 2021
13 Heather Seggel May 20, 2021
14 Thomas Hunt (via email from
Chris Watt) May 20, 2021
15 Steve and Jean Lincoln May 20, 2021
16 North Coast Regional Water
Quality Control Board May 20, 2021
17 John and Delynne Rogers, May 20, 2021
18 Pinky Kushner May 20, 2021
19 Mendocino County Local Agency
Formation Commission (LAFCo) May 20, 2021
20 Helen Sizemore May 20, 2021
ATTACHMENT 1
Page 29 of 66
From:Margo Frank
To:Michelle Irace
Subject:Commenting on draft for Western hills open land
Date:Monday, May 3, 2021 7:17:20 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi Michelle,
I read the lengthy and detailed draft of the initial study for the Western Hills development. We moved to Gardens
Ave last fall after living at the top of Deerwood in the Eastern hills of the Ukiah Valley. While living there we were
very aware of the danger of living in a high fire zone and having only one road for egress. It seems to me that this
proposed Western Hills development would create a similarly dangerous situation. Many people I know who now
live on the far western edge of Ukiah, up against the hills, are very concerned about fire risk. I don’t understand how
development on those hills makes any sense!
Thank you,
Margo Frank
180 Gardens Ave. Ukiah
Comment Letter 1
Page 30 of 66
From:Crispin B. Hollinshead
To:Michelle Irace
Subject:comments of proposed Western Hills annexation
Date:Thursday, May 6, 2021 12:23:36 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Members of the Planning Commission,
My name is Crispin B. Hollinshead. I am a neighborhood representative on the Western Hills
FireSafe Council, and the proposed Western Hills annexation was a topic of discussion at our
recent meeting.
California is now headed into another drought, and the fire seasons over the last few years
keep exceeding previous records. The proposed annexation includes 7 parcels for residential
development, allowing up to 14 new homes. Emerging fire safe understanding suggests this
kind of Wildland Urban Interface development is bad public policy, very risky for the
potential home owners, and expensive for the community trying to protect that property.
Historic fires in the area burned down to the valley floor as far a Todd Grove Park in the
1950’s. There is no reason to believe that the projected development wouldn’t be completely
destroyed by such fires happening in the future. The projected development is to the west of
the recently completed Shaded Fuel Break, putting it in the expected sacrifice zone. The
single road access will be a problem in a fire emergency, and will likely violate emerging
CalFire regulations.
I urge you to take a serious look at the fire hazard being created, and revise the plans.
Sincerely,
Crispin B. Hollinshead
960m Dominican Way
Ukiah, CA 95482
Gratitude, Love, and Global Awakening
May All Beings Awaken From The Illusion Of Separation
May You Awaken With This Breath
Comment Letter 2
Page 31 of 66
From:Ulla Brunnberg Rand
To:Michelle Irace
Subject:Comments of proposed Western Hills annexation
Date:Wednesday, May 12, 2021 2:08:58 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Members of the Planning Commission,
My name is Ulla Brunnberg Rand. I am a neighborhood representative on the Western Hills
Fire Safe Council, and the proposed Western Hills annexation was a topic of discussion at our
recent meeting.
California is now headed into another drought, and the fire seasons over the last few years
keep exceeding previous records. The proposed annexation includes 7 parcels for residential
development, allowing up to 14 new homes. Emerging fire safe understanding suggests this
kind of Wildland Urban Interface development is bad public policy, very risky for the
potential homeowners, and expensive for the community trying to protect that property.
Historic fires in the area, one of them started by boys playing with matches, burned down to
the valley floor as far as Todd Grove Park in the 1950’s. There is no reason to believe that the
projected development would not be completely destroyed by such fires happening in the
future. The projected development is to the west of the recently completed Shaded Fuel
Break, putting it in the expected sacrifice zone. The single road access will be a problem in a
fire emergency. It will likely violate emerging CalFire regulations.
I urge you to take a serious look at the fire hazard being created. Please revise the plans to
only allow one dwelling per parcel and possibly less parcels.
In addition, please consider, allowing this Western Hill Development can become a precedent
for future developments in the WUI area. I do not want to see any more developments in the
hills. I am concerned that having more people living in high fire prone zones creates more
possibilities for accidental fires and could potentially endanger the entire Ukiah Valley.
Sincerely,
Ulla Brunnberg Rand
109 Giorno Ave.
Ukiah, CA 95482
Comment Letter 3
Page 32 of 66
1
Michelle Irace
From:Allie Duggan <allie@studio4forty.com>
Sent:Thursday, May 13, 2021 9:52 AM
To:Michelle Irace
Subject:Ukiah Western Hills Open Land Acquisition
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
I am writing to express my strong opposition to the development of homes on the Ukiah Western Hills Open
Land Acquisition. This development would be detrimental to the area, nearly all residents in on Redwood
Avenue are completely opposed to the development of homes that will cause traffic on a road not equipped for
any more than it already sees, safety problems, and destroy local wildlife habitat. Additionally, I was under the
impression that this land was originally donated for fire mitigation and recreation, not development.
Traffic and safety of children on the street are major areas of concern. We don’t need any more cars and trucks
going up and down this tiny street and we did not sign up for months of construction equipment going up and
down the street on a daily basis. Most of the time with cars parked on the street it is a one lane road and not
equipped to handle the high traffic this will cause.
Wildlife has been observed in the area, and any development will destroy their habitat. Any planned
development of the property should consider the continuing impact to local wildlife habitat which should be
investigated by the appropriate agency prior to approving development.
Among the impacts stated on the notice we got, wildfire is my, and should be the cities main concern. We do
not need any more catalysts that could potentially cause a wildfire in this are, especially a high risk zone like the
proposed land. This land was originally acquired for fire mitigation so this is completely going against what the
land was originally donated for. Quoted from a news article from January 15, 2021 "the local government hopes
to use the land to create and maintain fuel breaks to protect the city from fire, for conservation, and for
recreation.” Link Absolutely no mention of development, so it is extremely discouraging to know that has been
added to the plan now.
I was disappointed that this project started on April 16, 2021 and the homeowners on Redwood Avenue, who
would be majorly impacted, were given printed notice of it on May 13, 2021, nearly a month after this process
has started. That is completely inconsiderate to all of us on this street who will have to deal with the issues that
development will cause.
I urge you to disapprove the proposed development, and from recent meetings and discussions with my
neighbors, I know my opinions are shared by many who have not managed to write letters and emails.
Thank you for your continued service and support of our communities.
Best regards,
ALLIE DUGGAN | CREATIVE DIRECTOR
916.539.9395 | allie@studio4forty.com | studio4forty.com
Comment Letter 4
Page 33 of 66
To the Ukiah Planning Commission and City Council Members:
The Western Hills Fire Safe Council (WHFSC) is a FSC project under The Mendocino County Fire
Safe Council (MCFSC), a 501.C3 organization. WHFSC has eighteen neighborhood sub-groups in
and along the Western Hills that actively work on fire preparedness, prevention, emergency
measures, and environmental protections.
The ISMND states that Mr. Hull generously donated 188.57 acres (ISMND, Figure 2, parcel 10)
to the City in December 2020. On December 11, 2020, there was an article in the Ukiah Daily
Journal by Justine Frederiksen praising the gift from Mr. Hull. There was no mention of the
annexation and acquisition of 693 acres (ISMND, p.2) or 740 acres (ISMND, p.4, para 2) or 640
acres (ISMND, p.4, para 6) (“Hull Properties”) when she interviewed City Manager Sangiacomo.
On April 16, 2021, Notice of Intent was sent to a few Redwood Avenue and San Jacinta Drive
property owners, and the scope of the project goes well beyond a land donation.
The improvements Mr. Hull has made to his property go back at least to 2015 (ISMND, page 3,
#3-Background – road improvements were made throughout 2015-2017 and the road extended
further west in 2018). Changes included widening, improving, and extending the westward
access road, vegetation management on proposed construction sites, and preparation of the
water tank site. These improvements were followed by the December 2020, 188.57 acre land
donation, followed by the current proposed annexation and acquisition agreement.
The majority of the property is zoned PF, public facilities. It possible to change this zoning
designation in the future to R1-H zoning (single family residential), should there be interest in
further development. Clearly, the property was being prepared years ahead for development,
as documented in the ISMND. Is it possible to change the zoning on the inside conservation PF
zoned parcels (ISMND map p.13) to a Conservation Easement in perpetuity along with the
outside conservation parcels for a Ukiah Wildlife Sanctuary?
Regarding the proposed water tank, in the ISMND, page 8, it is stated, “…the City desires to add
new water storage and fire protection facilities in the Western Hills.” What are the plans for
the new water storage tank besides fire protection measures? Who will be responsible for
maintaining the 150,000 gallon tank, pump, and well that supports the water tank? Is the water
in this tank dedicated for fire department use or also for use of potential domestic purposes for
the buildout? Will there be hydrants on the city water main extending up from Redwood
Avenue? Neil Davis’ responses to WHFSC questions to Mr. Sangiacomo regarding the Hull
Properties Limited Development Agreement included a question on water resources. Mr. Davis
stated, “…this project provides sourcewater protection and will benefit the entire Ukiah Valley
by protecting the sourcewater and ensuring that it reaches its maximum potential.” How does
Mr. Davis define “sourcewater protection?”
Historical wildland fires in the Western Hills includes the substantial 1945 Hayworth Fire that
took out all the vegetation. The Fire Department came to the edge of development and set
backfires that halted the fires. The Strong Mountain Fire occurred in 1950, and another scare
Comment Letter 5
Page 35 of 66
about a decade ago was from 150 lightening fires to the west that didn’t result in fire in the
Western Hills. The proposed buildout area is in the CalFIRE designated Highest Fire Severity
Zone, as well as in a Wildland-Urban-Interface (WUI) area. It would be prudent to keep this
landscape free of human habitation for the safety of citizens and to not further overburden our
fire resources. “One of the first and most important considerations is how the location itself
influences exposure to wildfire and potential for future losses of life and property.” (Moritz,
Max, Butsic, Van, Building to Coexist with Fire: Community Risk Reduction Measures for New
Development in California. UC ANR Publication 8680, April 2020, page 8)
The potential development parcels buildout of 14 units (ISMND, p.7, para 3) are west of the fire
break thus defeating the purpose of the Shaded Fuel Break for wildfire protection measures.
Can the residential development of the 54 easternmost acres be taken out of the Development
Agreement, or are they inextricably linked to acquiring the conservation lands? Will the lower
elevation properties also west of the shaded fuel break that remain in Mr. Hull’s possession be
considered for future buildout?
Thank you for your attention to these matters. We look forward to your responses.
The Western Hills Fire Safe Council
Chair, Jeanne Wetzel Chinn, M.S.
395 San Jacinta Drive, Ukiah
JeanneChinn@gmail.com
Page 36 of 66
From:Christopher Watt
To:Michelle Irace
Subject:Ukiah Western Hills Open Land Acquisition and Limited Development Agreement
Date:Tuesday, May 18, 2021 11:25:40 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Hi Michelle - here are my comments/questions on the IS/MND. Please include in the record
and provide responses.
1. Does the annexation require a tax-sharing agreement with the County of Mendocino? If
so, what actions have been taken by the City to secure an access agreement?
2.Have the parcels proposed for development to be pre-zoned as Residential with Hillside
Overlay been sized consistently with the Hillside Development Standards? If not, the
parcels should be sized in accordance with the Hillside Development Standards and
Subject to the Use Permitting Process and the Hillside Development Standards.
3.In 1991, the California Geological Survey prepared a report titled Landslide and
Engineering Geology of the Western Ukiah Area, Central Mendocino County, California,
Landslide Hazard Identification Map No. 24. Was this map consulted to determine the
potential presence of landslide hazards with the parcels proposed for development and
the access roads to the development? This report should be consulted and included as
a reference in the IS/MND.
4. The California Building Code requires a Preliminary Soils Report for any subdivision of
land. This project seeks to create parcels for development by lot line adjustment thus
avoiding the requirements for subdivisions; however, given the known landslide hazards
within the Western Hills as documented in the 1991 CGS Report, it seems imprudent to
not perform a preliminary soils report to determine if the parcels proposed for
development have soils or landslide hazards which would preclude development or at a
minimum severely limit the development potential.
5.The Geology and Soils section of the IS/MND should also reference the requirement in
the California Building Code to submit a Geotechnical Report for each lot.
6. The Wildfire section of the IS/MND indicates that fuel breaks are developed in the
project area. However, fuel breaks requirement ongoing maintenance. The IS/MND
does not describe how the fuel breaks will be maintained. Also does, the Ukiah Valley
Fire District have capacity to defend the proposed development areas against wildfire
given the Extremely High Fire Risk for the lands adjacent to the proposed development
area? Why not subject these parcels to Wildland Urban Interface requirements?
Perhaps include a benefit zone to pay for vegetation management and fire protection
which is quite different from the urban parcels of the City.
Sincerely,
Chris Watt
Comment Letter 6
Page 37 of 66
690 Mendocino Drive, Ukiah
From:Jeanne Chinn
To:Michelle Irace
Subject:Comments on proposed Western Hills Annexation
Date:Wednesday, May 19, 2021 1:36:38 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
To Ukiah's Planning Commission:
I applaud David Hull for donating 188 acres of wildlands to the City of Ukiah.
I don’t take issue with transferring several of his individual parcels to be annexed to the City
of Ukiah. However, there are concerns regarding how the additional acreage is planning to be
utilized: 296ac for Conservation Lands on the most western area, 343ac for Recreational
(zoned PF-Public Facilities) Lands in an odd shaped “C” pattern, and 54ac as Development
Parcels (zoned R1-H) on the northeastern corner, as shown and stated in the ISMND map
legend on p.13. Who owns the 5 parcels between the “C” Recreational Lands, and what are the
plans for these parcels?
The role of land use planning in communities with very high and high fire severity zones is to
create wildfire resilience for protection of the community. CalFIRE has already supported this
in calling out Ukiah’s Western Hills as one of their 35 top projects in 2017. That alone tells us
these Western Hills are fragile and at risk. CalFIRE’s follow-through was exemplary in
dozering the ridge tops and working with the County/City to re-establish and extend the
Shaded Fuel Break from Low Gap Road to Robinson Creek Road.
The Western Hills is in a Wildland-Urban-Interface (WUI) area. Given the recent uptick in
wildfires and drought years, to be further exacerbated by climate change into the future, it is
counter-intuitive to plan a buildout of [up to 14] any more homes in the WUI/highest fire
severity zone. Further, this buildout would be west of the Shaded Fuel Break, creating
additional risk and expense to fire fighting resources and potentially life-threatening to the
residents. These homes would be exclusive and a gated community. I’m not opposed to gated
communities, and the City is also working on additional low and moderate income housing.
However, in this case it is the Ukiah community whose tax dollars would pay for
undergrounding plumbing and utility lines up to this area for the benefit of a few in a higher
income category. And, who would pay for the maintenance of the 150,000 gal. water storage
and fire facilities tank, pump, and well? It would be more appropriate to plan this gated
community in a non-WUI area with a lower fire hazard zone rating where wild lands are not
being developed.
In 2005, the Mendocino County Fire Safe Council (MCFSC) co-sponsored a report, the
Mendocino County Wildfire Protection Plan. On page 86 in reference to the western hills of
Ukiah, the report states the following:
“These hills have experienced large-scale fires since the turn of the century, with major
fires occurring in 1950 and 1959. The City of Ukiah’s encroachment into these hills since
then has created the significant probability of a very destructive wildland interface
fire.” (https://firesafemendocino.org/wp-content/uploads/2015/02/CWPP-FINAL.pdf)
Comment Letter 7
Page 39 of 66
At the most recent Paths, Open Space, and Creeks Commission (POSC) meeting, we were told
there will be no infrastructure on the recreation lands, including no public bathroom facilities
or parking areas for potential hikers & bikers. Who would be responsible for patrolling those
areas to pick up cigarette butts and other trash, and keep transients from establishing camps?
As a Commissioner for POSC, I support protection of open space for wildlife. There is
documented wildlife in the Western Hills that City Manager Sangiacomo mentioned at a
POSC meeting over a year ago from footage taken on wildlife cameras. These wildlife
include a mountain lion and her cub, bobcat, bear, fox, occasional coyote, many deer, and
smaller mammals. In addition, Doolan Creek is a Class I watercourse that has steelhead trout
and frogs, and there are Class II and Class III watercourses that likely have other aquatic
species. These different wildlife species have overlapping territories and need landscape level
space for their survival. I would like to see the Conservation and Recreational Lands be
annexed together and retained as “Ukiah’s Wildlife Sanctuary” and conserved in perpetuity.
That would be a feather in the cap for Ukiah and our wildlife! Rather than further fragmenting
the lands with hiking trails and e-bike paths, the accompanying noise, and recreation lands that
can in the future be rezoned for housing, let’s protect this area for nesting, denning, fawning,
and a place for wildlife.
Sincerely,
Jeanne Wetzel Chinn, M.S.
Commissioner, POSC
Page 40 of 66
May 19, 2021
TO: Michelle Irace, Planning Manager, City of Ukiah Community Development Department
and Ukiah City Council Members
RE: UKIAH WESTERN HILLS OPEN LAND ACQUISITION AND LIMITED DEVELOPMENT AGREEMENT PROJECT
Here are comments and questions regarding the Draft Initial Study and Mitigated Negative Declaration (ISMND).
Traffic on Redwood Avenue This is a quiet cul-de-sac of approx. 20 properties.
• Additional traffic from fourteen (14) more residences would significantly negatively affect the quality of life of existing residents.
• Additional volume of traffic due to a 300+ acre Public Facility (park) accessible to the public according to Division 1, Chapter 12 of
Ukiah City Code (see ISMND p. 42) would severely impact existing residents' quality of life. https://www.codepublishing.com/CA/
Ukiah/#!/Ukiah01/Ukiah0112.html
• In what circumstances are secondary access roads required by the Fire Code? Is a secondary access road available or planned
for the proposed housing development?
Parking
If a Public Facility is established on the 343-acre Inside Conservation Parcels, where are its users expected to park their motor
vehicles?
Utilities
Numerous statements in the ISMND suggest uncertainty that housing will be developed on the 54 acres (examples below). In view
of this uncertainty, why is the City proposing to pay for extension of utilities to the site? And should this not be the future developer's
responsibility?
"The Project does not propose any residential development at this time..." (p7)
"...sites would not be developed until an applicant submits a project site plan..." (p7)
"However, no purchasers have been identified, and the timing of the sale and development of the properties is unknown." (p7)
"It is unknown whether all of the single family homes, and ADUs in particular, would be developed..." (p12)
Protected Open Space
If the City is going to preserve the Outside Parcels via a Council resolution (ISMND pp 5, 42-43), why not include the Inside Parcels
also? This would effectively create valuable local wildlife habitat, and perhaps allow limited public access seasonally or by permit.
(As an avid hiker and mountain bicyclist, I welcome new opportunities for recreation, but do not think this project is an appropriate
location for a large public park.)
Wildfire Risk
Section V 11 of the ISMND (particularly p 43) discusses how the 14 housing units would constitute a portion of the City's Regional
Housing Needs Allocation (RHNA). It is my understanding that the development site lies to the west (i.e., the "wrong side") of the
shaded fuel break, as well as being in a zone of highest fire risk. How can this be considered a wise location for new housing?
Thank you for your attention.
Sincerely,
Andrea Vachon
537 Redwood Ave.
Ukiah, CA 95482
avachon1@mindspring.com
Comment Letter 8
Page 41 of 66
Ukiah City Planning Commission
300 Seminary Drive
Ukiah CA 95482
5/18/2021
Subject: Ukiah Western Hills Open Land Acquisition and Limited Development
Agreement
Honorable Members,
From November 2010 to December 2020, I was the CAL FIRE Battalion Chief for the
Ukiah Valley area. During this period, I was responsible for the fuel reduction efforts in
State Responsibility Area of the Ukiah Valley and surrounding areas.
I write to support the Ukiah Western Hills Open Land Acquisition and Limited
Development Agreement and hope to provide some history and context to the fuel
reduction efforts in the western hills of Ukiah and how it relates to this project.
Beginning in 2012 I began working with representatives from the City of Ukiah and
private owners to discuss, plan and reduce the fire hazard and improve public safety in
the Ukiah Valley. The westside was chosen for several reasons. There was no recent
fire history, and little had been done to address the fuel loading. Access was limited with
more residents in the wildland-urban-interface at risk. The western hills were nearly
inaccessible to firefighting resources.
In the subsequent eight years we planned, funded and completed multiple projects that
were too big for any one individual to complete on their own and met the standard of
‘good for the community’. Through these projects multiple access routes have been
developed for firefighting vehicles to use during a fire, landing zones constructed for
helicopters to land, 435 acres of prescribed burn were completed, twelve miles of fire
breaks constructed in 2015 and again in 2018. Nine miles of shaded fuel breaks were
cut from Low Gap to Highway 253 continuing the work completed in 2002 and 2004.
These accomplishments were the result of three levels of government; City, County and
State, dropping boundaries and jurisdictions, working in concert on a singular goal to
reduce the risk of a catastrophic fire that have become all too frequent in the State. The
fourth critical component that made it all possible was the property owners that allowed
the work to be completed for the good of the community. The common denominator was
the conclusion that vegetation fires were now a Ukiah community problem, not an
individual problem, that put the entire community at risk.
Among the nearly one hundred properties that participated, one of the most critical
properties is the “Hull Properties”. From a firefighter perspective, they are kind of a key
in middle that holds the three elements of the prevention work together- fire breaks, fuel
breaks and prescribed burning. The Hull Properties provide access to the top of the
western hill of Ukiah for fire resources that did not exist prior to 2018. This property is
one of the few bisecting fire breaks, natural or man-made, on the western side of Ukiah.
The roads and fire breaks are the foundation for future prescribed burns that reduce the
fuel loading on the hills that have not burned since the late sixties.
Comment Letter 9
Page 42 of 66
All the work done since 2002 needs to be maintained and the work continue. I believe
that the best way to maintain the roads, continue fuel reduction projects and reduce the
risk of a catastrophic fire in Ukiah Valley, to have the City of Ukiah acquire the Hull
Properties. The consolidation of the parcels under City guidance will allow for a single
entity to manage the fuel reduction work, manage the watershed and reduce risk to the
community.
It is my opinion that the proposed mid-slope development of the parcels would not add
any additional risk to the community and may even reduce risk. There are many narrow,
steep streets on the west side of Ukiah that present far greater risk due to development
without wildland fires in mind. This development would benefit from the knowledge and
experience in the current fire environment. Developed parcels are more likely to be
maintained versus being converted to open space and dependent on the CAL FIRE
funding and time to maintain.
A homeowner would have a vested interest to maintain the property to a defensible
space standard. Any improved road surfaces in the development would provide a
permanent fire break and development of a water system could be critical to fire
extinguishment on the west side of Ukiah. This development could be a model for the
future that combines modern pre-fire planning with rural development at the landscape
level expanding the current shaded fuel break.
There will be challenges and new responsibilities with annexation and I would hope the
City would adopt road and clearance standards like PRC 4290 and 4291 for any
development off the valley floor. The City would become the stewards for a large portion
of the western hills and would be challenged to manage it appropriately. Based on my
interaction with the City of Ukiah over the years and the community attention and
concern, I believe the City is up to the task and I appreciate a new, local approach. We
must think outside the box find new ways to engage at all levels to change the trend of
the fires.
It is critical that the work to reduce the risk of a catastrophic fire continue to be a top
community priority and worked on at the community level, not at the individual parcel or
owner level. It is not realistic to expect individual owners to maintain what has been
done. The City acquiring the Hull Properties will keep the western hills fuel reduction a
viable community level project and will provide the best chance of continued success.
Thank you for your time and please do not hesitate if you have any question.
Michael Maynard
Page 43 of 66
Page 44 of 66
From:EMILY THOMAS
To:Kristine Lawler; Michelle Irace
Subject:Proposed Western Hills Annexation and Development
Date:Wednesday, May 19, 2021 1:46:24 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Subject: comments of proposed Western Hills annexation
Date: May 19, 2021
TO: Members of the Planning Commission & City Council Members
My name is Sharron Thomas. I am a neighborhood representative on the
Western Hills FireSafe Council, and the proposed Western Hills annexation was
a topic of discussion at our recent meeting.
California is now headed into another drought, and the fire seasons over the
last few years keep exceeding previous records. The proposed annexation
includes 7 parcels for residential development, allowing up to 14 new homes.
Emerging fire safe understanding suggests this kind of Wildland Urban Interface
development is bad public policy, very risky for the potential home owners, and
expensive for the community trying to protect that property.
Historic fires in the area burned down to the valley floor as far as Todd Grove
Park in the 1950’s. There is no reason to believe that the projected
development wouldn’t be completely destroyed by such fires happening in the
future. The projected development is to the west of the recently completed
Shaded Fuel Break, putting it in the expected sacrifice zone. The single road
access will be a problem in a fire emergency, and will likely violate emerging
CalFire regulations. Turnouts are unlikely to mitigate congestion for fleeing
residents in such an emergency.
I urge you to take a serious look at the fire hazard being created, and revise
the plans.
Sincerely,
Comment Letter 10
Page 45 of 66
Sharron Thomas
May 20, 2021
Dear Ms. Irace and members of the City of Ukiah Planning and Building Department,
I am writing to express my concerns and questions regarding the Ukiah Western Hills Open Land
Acquisition and Limited Development Agreement Project. I have been a resident of Redwood Avenue
for 11 years. During the last 4 years, I have seen many changes to our neighborhood.
The road that extends from the end of Redwood Avenue (first graded in 1960 per the draft study) should
never have been constructed. It is overly steep, approaching slopes of 30% for much of its length. I
realize that much of what has occurred up to this point in time was under Mendocino County’s
jurisdiction and we are now stuck with their poor planning. When I first saw this road, it was overgrown
with vegetation, much of it native grasses, shrubs and forbs. The road bed was stable due to the
vegetation that prevented erosion. When the new property owners started grading the road, there was
significant erosion, sometimes resulting in mud running down Redwood Avenue and often resulting in
significant mud on the road tracked by vehicle tires. The topography in this area prevents road
widening or contouring to decrease the steepness of the road bed. It also prevents best practices in
disconnecting the hydrology from road to creeks.
Redwood Avenue is in a small canyon that traps dust and smoke. There have been several times that
I’ve looked outside, or have been returning home, and thought that the canyon was on fire only to
realize that dust was thick in the air from travel on the dirt road. Burning in the lower canyon likewise
results in smoke trapped between the ridges and there have been winter days when I’m sure our air
quality and the ash floating in the air was as bad as some of our worst summer wildfire days.
Any plans should acknowledge this aspect of the topography. What will be the regulations for burning
on the lower elevations of annexed properties? What will be done to enforce speed limits to decrease
dust? The study indicates that with development, the first ½ mile of the road would be paved, but I’m
not sure how much activity will continue on the road before that would happen.
Steep topography increases the noise from vehicles traveling up the road. Noise is likely amplified by
the encompassing ridges, but I think it is mostly the result of the low gearing needed to go up the steep
hill. Trucks are often loud enough to wake us up at night. I am not sure how this can be mitigated.
Traffic on narrow, short Redwood Avenue is already surprisingly heavy. I am disappointed to see plans
that will cause an increase. When I first moved here, children commonly played on the street and it felt
safe for them to do so.
The CEQA study indicates that the increased costs of providing fire and police coverage will be covered
by development fees. I wonder about the logistics of the coverage when this will essentially be a locked
gate community located on a very steep, very narrow road? I don’t think we have a precedent for this in
Ukiah?
Included in the Energy and Green House Gas Emission discussions in the study should be the
consideration that the development will encourage vehicle fuel consumption due to the location of the
housing. I disagree with the statement in the study that “The assumed low-density development
pattern is consistent and contributes to the rural ‘small town’ character of the Ukiah Valley.”
Comment Letter 11
Page 47 of 66
I encourage the City to complete the botanical studies as planned. The study states that at least one
more site visit was recommended. I recommend that this be completed before CEQA is finalized. That
may mean waiting another year as many plants bloomed early this year and have already withered.
There are year-round springs adjacent to the road and I have heard that there are others in the area.
We have found giant pacific salamanders on our property that must be residents of the springs. I don’t
think the salamanders are a protected species but they are very unusual in the Ukiah Valley. I have
found native snails that I think are also unusual, if not protected, and I wonder what other species might
be residents of these springs? I hope the biological surveys included the areas around the creek
drainage.
I worry about enforcement of some of the practices recommended in the report. In the last few years, I
have seen trees removed during nesting periods without nesting surveys and wildlife corridors fenced; 2
practices that the study states will be prohibited.
The unnamed creek drainage that runs along Redwood Avenue should be treated as a wildlife corridor
and a seasonal creek. The springs along the creek are an important water source for wildlife. I have
this drainage affected by sediment flows from improper grading, poor culvert placement, bright lights,
tree removal in the creek corridor, and recently, fencing of the creek, prohibiting wildlife passage. I am
concerned that these trends will continue if there is not educated oversight. Some of this has been on
county land and some within the city limits.
I believe this project has many desirable aspects if implemented as planned, primarily in protecting the
views of western hills as well as protecting open space and watersheds. I recommend that information
about the project be presented in a form that will be easier for the public to understand, with pros and
cons transparently written out. I sincerely believe that if development is inevitable, it will be better
managed by the City of Ukiah than the County of Mendocino while at the same time believing that the
area is unsuitable for road building and development and that the county should never have allowed it
to proceed.
Thank you for your consideration,
Andrea Davis
607 Redwood Ave
Ukiah, CA 95482
Page 48 of 66
From:Kristine Lawler
To:Michelle Irace; Maya Simerson
Cc:Craig Schlatter
Subject:FW: Western Hill Development
Date:Thursday, May 20, 2021 11:22:14 AM
From: Margo Frank <margo@margofrank.com>
Sent: Thursday, May 20, 2021 11:04 AM
To: Kristine Lawler <klawler@cityofukiah.com>
Subject: Fwd: Western Hill Development
Begin forwarded message:
From: Margo Frank <margo@margofrank.com>
Subject: Western Hill Development
Date: May 20, 2021 at 8:48:36 AM PDT
To: lauraem@sbcglobal.net
Cc: mshilliker@comcast.net, roody@pacific.net
Dear Ukiah Planning Commission Members,
I am at a loss to understand how the Ukiah Planning Department could even
consider building homes with only one egress/access route in the Western Hills at
this time. We know that this area is at high risk of fire devastation. Having homes
in a gated community in heavily wooded hill land seems incredibly short-sighted.
As the planet warms and droughts in the West become the norm, we will all be at
risk. When the City builds housing in vulnerable areas with only one way out, we
mislead home purchasers, implying they will be safe. I also do not understand
why this development would be a gated community, one that shouts “We are
special, we need protection from the rest of Ukiah”.
Please do not approve this development. If I am correct that the current landowner
is demanding this development in order to create/donate the nature conservancy.
parkland in the Western Hills then we are all being held hostage by him.
I urge you to look at the bigger picture, to consult with local fire chiefs before
seriously considering approval of this project.
Thank you for serving on the Planning Commission.
Margo Frank
180 Gardens Ave.
Ukiah, CA.
463-1834
Comment Letter 12
Page 49 of 66
From:Kristine Lawler
To:Michelle Irace
Subject:FW: cc-ing you my note to the planning commission
Date:Thursday, May 20, 2021 11:46:30 AM
From: Heather Seggel <heatherlseggel@gmail.com>
Sent: Thursday, May 20, 2021 11:26 AM
To: Kristine Lawler <klawler@cityofukiah.com>
Subject: cc-ing you my note to the planning commission
Ms. Lawler,
I should have copied you on this at the time, but here it is, for inclusion in the public
record of comments. Thanks very much,
Sincerely,
Heather Seggel
From: Heather Seggel <heatherlseggel@gmail.com>
Date: 5/20/21 6:36 AM (GMT-08:00)
To: lauraem@sbcglobal.net, mshilliker@comcast.net, roody@pacific.net
Subject: western hills development
Dear members of the planning commission,
I'm writing to voice my concern about a planned development in the western hills of
Ukiah. While I know the need for housing is dire, I have also lived through more
stress and peril than I ever thought possible due to the wildfires that have ravaged our
county. The location of this development seems like a double-whammy of negatives--
it's beyond the reach of our fire breaks and in the path of potential fires, which means
resources that can be used to save more populated areas will have to choose what to
prioritize in the very literal heat of the moment. Let's create housing in areas that are
easier to protect, and let the land rest where and whenever we can.
Thanks for your consideration,
Heather Seggel
306A W. Church St
Ukiah CA 95482
707-467-9067
Comment Letter 13
Page 50 of 66
From:Christopher Watt
To:Michelle Irace
Subject:Fwd: Western Hills Open Space / Land Development Agreement
Date:Thursday, May 20, 2021 12:36:50 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Michelle - see below. Another comment for you. -Chris
Sent from my iPhone. Forgive the brevity, typos and lack of nuance.
Begin forwarded message:
From: Thomas Hunt <thomashuntpe@gmail.com>
Date: May 19, 2021 at 9:11:50 AM PDT
To: mirace@cityofukiah.org
Subject: Western Hills Open Space / Land Development Agreement
Michelle- Here are some additional comments prepared as a local resident in the
vicinity of this project:
1.The proposed IS/MND appear to not comply with the criteria for lot line
adjustments is that each qualifying parcel of a lot line adjustment must have a
recorded certificate of compliance that the lot is a viable conforming lot, and
was created prior to the Subdivision Map Act of in compliance with the
Subdivision Map Act. To qualify for a Certificate of Compliance the existing
parcel has to comply with Map Act and local development ordinances. The
reconfiguration of parcels using the lot line adjustment method becomes a
violation of the Subdivision Map Act if greater than Four parcel reconfigurations
(LLA) are performed. A development of this nature should be required to
prepare a tentative subdivision map, preliminary engineering of the access road,
lot layout in conformance with the hillside slope ordnance, and provide a slope
analysis study in conformance with the Hillside ordinance using accurate
topographic mapping. If the proposed project is to be approved a final
subdivision map would be required per the California Subdivision Map Act and
improvements would be in conformance with subdivision standards.
2.The proposed IS/MND appears to lack an analysis of the geologic slope stability
Comment Letter 14
Page 51 of 66
effects of a new road that meets Fire Safety Road Standards for width and
turning radius, turnouts, and turnarounds on the existing hillside slopes. If the
Road is to be private how is it to be maintained, or would the City except the
roadway for public use and maintenance.
3.The proposed IS/MND does not address whether the existing City Utilities
provide adequate sewer and water capacity for the proposed homes. The IS
does not identify “Who” would own and maintain the water storage tank and
booster pump(s) stations to serve the development, or what fire agency will
protect these homes.
4.The proposed IS/MND does not address the following issues: The clearing limits
of the Fire Safety zone around the homes, it is typically recommended by CalFire
to clear a 100 foot radius, that is approximately a minimum of 1.2 acre per
home. The proposed homes sites, plus roads, would clear over 10 acres of the
last remaining unimprovement scenic hillside area left surrounding the Ukiah
valley, and convert the scenic view of the native trees into homes and roads.
This same area burned approximately 60 years ago in a wildfire and will continue
to be a hazardous area even if developed. Allowing this development regardless
of the fire safe clearing requirements around these proposed buildings would be
unsafe for future residences, including the existing residences at the toe of the
hillside, and irresponsible of a public agency to allow. Once you build homes in
this area it will become increasing more difficult to control fuel loads because of
the potential danger to the homes. The potential increase in the drainage
runoff and erosion impacts of converting 10 plus acres of vegetated watershed
into roof tops, driveways, roads and areas of cleared vegetation is not
considered in the IS as any increase in runoff will end up in Mendocino creek
drainage and the Redwood Avenue. The impact on these drainages may be
significant to require the repair of failing culverts particular on Mendocino Creek
at Mendocino Drive, the capacity of the Redwood Creek downstream drainage
structures should analyzed as most of this drainage has be placed in culverts east
of Helen Avenue.
Thank you for considering these issues.
Sincerely,
Thomas Hunt
420 Cochrane Ave
Ukiah Ca 95482
Email: thomashuntpe@gmail.com
Cell: 707-499-0152
Page 52 of 66
From:Steve & Jean Lincoln
To:Michelle Irace
Subject:opposition to more residences high in Ukiah"s western hills
Date:Thursday, May 20, 2021 2:10:23 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
To: Ukiah City Planning Commission
We wish to express our strong oppostion to the proposed residential
property parcels on the Hull property in the western foothills. It is our very
great concern that it is simply too dangerous to build more residences in
this area which is ripe for burning - especially as we experience an
increase in the length of wildfire season with increased temperatures and
reduced soil and vegetation moisture. We live at the base of these hills
and, every day, see the tremedous fuel load that has accumulated on
them since the last wildfires there in the 1950's. Not only would these new
homes be in a very vunerable position with the shaded fuel break downhill
from them, but, during a wildfire, they will take a large amount of
firefighing efforts at a time when the higher density of homes downhill will
probably also need much firefighting effort.
We trust you to make the wisest decision for Ukiah.
Thank you for your consideration,
Steve and Jean Lincoln
104 North Highland Ave, Ukiah
Comment Letter 15
Page 53 of 66
From:Iantosca, Catherine M.@Waterboards
To:Michelle Irace
Cc:Filak, Jordan@Waterboards
Subject:Regional Water Board Comments: City of Ukiah Western Hills Open Land Acquisition & Limited Development
Agreement
Date:Thursday, May 20, 2021 2:53:38 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Dear Michelle Irace,
Thank you for providing staff of the North Coast Regional Water Quality Control Board (Regional
Water Board) the opportunity to comment on the Draft Initial Study/Mitigated Negative Declaration
(IS/MND) for the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement
Project, SCH #2021040428. We offer the following comments based on our review of the IS/MND.
Our comments are focused on the planned infrastructure improvements and construction
components of the proposed project, including plans to pave/improve existing roadways, construct
new roads for access to the development parcels, extend underground utilities, and construct a City
water tank, and how these activities might impact waters of the state.
California Water Code defines waters of the state as “any surface water or groundwater, including
saline waters, within the boundaries of the state” (Water Code §13050 (e)). Projects that adversely
impact waters of the state require permits from the Regional Water Board in the form of 401 Water
Quality Certifications or Waste Discharge Requirements.
Regarding waters of the state in the IS/MND study area, the IS/MND’s Biological Resources section
contains information that conflicts with Attachment B, the Biological Assessment Report. IS/MND
Biological Resources Discussion Section b-c (IS/MND page 25) says “no sensitive biological
communities, including riparian habitat or wetlands, were observed within or immediately adjacent
to the study area.” However, the Biological Assessment Report (Assessment) identified six
watercourses in the study area and did not definitively determine the presence or absence of
wetlands in the study area.
With regard to wetlands, Assessment Section 3.4.2 Sensitive Biological Communities – Aquatic
Resources states that a wetland delineation has not been performed in the study area (Assessment
page 8). Instead, the Assessment referenced the United States Fish and Wildlife Service National
Wetlands Inventory (NWI), which does not provide sufficient detail to determine the presence or
absence of wetlands on at a property-specific level. The Assessment states that any wet areas onsite
(which the Assessment defines as areas with hydrophytic vegetation and/or other hydrologic
indicators) should be given the same protections as wetlands “until a wetland delineation is
conducted to confirm the presence and extent of wetlands” (Assessment page 8). Please note that
these hydrologic indicators are often difficult to identify during the summer and fall, particularly
during a drought year. If the City of Ukiah determines that wetlands are present in the study area
and that wetlands will be impacted by the project, a permit from the Regional Water Board will be
required.
With regard to streams and riparian habitat, Assessment Section 5.1.2 Sensitive Biological
Communities – Sensitive Aquatic Resources states that six watercourses were observed and mapped
in the study area (Assessment page 16). These watercourses are depicted in the Assessment on a
map titled “MCV2 Classification Map.” These watercourses are considered waters of the state. The
MCV2 Classification Map shows existing roads crossing several of the watercourses. The IS/MND
states that the existing gravel access road will be paved to serve the future development sites, and
new access roads may be constructed. Work within watercourses or in their riparian areas, e.g.
installation of new culverts or replacement of existing culverts during road
improvement/construction, requires permits from the Regional Water Board. If other construction
activities, such as utility installation or water tank construction, will impact waters of the state, those
activities will require permits too.
Comment Letter 16
Page 54 of 66
If you determine that the proposed project will impact waters of the state, please contact the
Regional Water Board prior to starting work to obtain the required permits. Impacts to waters of the
state should be avoided or minimized as much as possible, and any unavoidable impacts will require
compensatory mitigation. More information about the Regional Water Board’s permitting can be
found on our website:
https://www.waterboards.ca.gov/northcoast/water_issues/programs/water_quality_certification/.
Thank you. Please contact me if you have any questions.
Catherine Iantosca
Environmental Scientist
Southern 401 Water Quality Certification Unit
North Coast Regional Water Quality Control Board
5550 Skylane Blvd, Ste. A
Santa Rosa, CA 95403
P: (707) 576-2501
E: catherine.iantosca@waterboards.ca.gov
Page 55 of 66
City of Ukiah Community Development Department May 20, 2021
ATTN: Michelle Irace
300 Seminary Avenue
Ukiah, CA 95482
Subject: Initial Study and Mitigated Negative Declaration for Western Hills Open Land
Acquisition and Limited Development Agreement Project
Dear Ms. Irace,
We are very concerned about potential fire impacts from the proposed land development
project in the western hills of Ukiah. The City of Ukiah would annex and acquire land for open
space preservation in exchange for allowing the developer to develop seven residential parcels
with the potential for two houses per parcel or 14 total houses. While the project has fire
protection benefits (open space preservation), the potential for residential development raises
serious fire safety concerns in the western hills of Ukiah.
The project area is in a very high fire hazard severity zone. With an increased frequency of
drought conditions and impacts from climate change, the probability of a major wildland fire
increases in the western hills of Ukiah. In 2005, the Mendocino County Fire Chiefs’ Association,
including the California Department of Forestry and Fire Protection (now Cal Fire) published a
report, the Mendocino County Wildfire Protection Plan. On page 86 in reference to the western
hills of Ukiah, the report states the following:
“These hills have experienced large-scale fires since the turn of the century, with major
fires occurring in 1950 and 1959. The City of Ukiah’s encroachment into these hills since
then has created the significant probability of a very destructive wildland interface fire.”
The parcels currently lie outside the city limits and city utilities are not available – power,
sewer, water. Once annexed, the parcels will have access to city utilities with the ability for new
development to connect to those utilities, increasing the likelihood for future residential
development in the western hills.
We live at the end of San Jacinta Drive and adjoin one of the parcels in the project. We are in
close proximity to the project and with the increased number of wildland fires in northern
California over the last several years, we are very concerned about the increased potential of a
wildland fire in our area. We urge you to take a serious look at the potential fire hazard created
by the proposed project and the potential for future development beyond the current project.
Sincerely,
John and Delynne Rogers,
Members of the Western Hills Fire Safe Council
Comment Letter 17
Page 56 of 66
Comments on the ISMND May 20, 2021
Submitted by Pinky Kushner
504 N. Oak St., Apt #1
Ukiah, CA
I thank you for allowing me to comment on the environmental assessment document
for the Western Hills project.
1. For the portion of the Conservation Parcels located outside of the SOI (“Outside
Conservation Parcels,” consisting of approximately 296 acres), the City will ensure that
they remain preserved as open space through City Council resolution or other means,
rather than prezoning them PF. Proposed Parcels 8 and 10 would effectively be “split
zoned”; the portion within theSOI would be prezoned PF, while the remaining portion
outside of the SOI would not be prezoned, but subject to a conservation easement, or
other City Council action prohibiting development and preserving it as open space.
The language in the underlined section is weak and/or unclear. The land “will be subject
to …easement or other City Council action.” The document should specify that this land
will be dedicated open space in perpetuity by the City. By saying it ‘could be’ put into a
conservation easement implies that the ownership of the property will not be the City
and could be a private party. Thus the city might not be gaining the proposed proposed
promise of open space with approx. 640 acres, only approx 340 acres.
2. “City-owned parcels proposed for annexation are not required to be located within the
City's SOI. City-owned parcels can be located anywhere in the County as long as they
are less than 300 acres, owned by the City, and used for municipal purposes at the time
of the annexation application.”
It is not clear how this project satisfies any of those limitations. In fact it seems clear that
none of the provisions are satisfied. The property that is proposed to be designated PF,
will not be for municipal purposes in the ordinary legal meaning of the word “municipal.”
In order to be designated as ‘municipal’, the City should assign the area, the entire 640
acres, as a protected natural area in perpetuity. The proposed designation of PF could
be changed by the current or any future City Council.
3. Leapfrog development: The City should demand a codicil to the private road access
that will require that a keyed entrance gate be built on the road at the entry to the
developed (housing) area and also at the distal end of the developed (housing) area.
Furthermore, no third party, other than the owners of the developed housing and the
City, can be given rights to trespass those two gates.
Comment Letter 18
Page 57 of 66
Without such a codicil, it is obvious that this proposed development will be able to
leapfrog further development into the County property that lies further to the west along
the roadway. These further lying parcels are designated County lands, and any
development/construction will not be subject to City of Ukiah’s reviews and will be
without City limitations (as mentioned in the neg dec in the argument for the present
annexation). It is egregious that the potential for leapfrogged development is not even
mentioned in the ‘neg dec.’
4. Aesthetics: The view shed of the City of Ukiah is unique and beautiful. Ukiah, derived
from native language meaning ‘deep valley,’ indeeds lies in a narrow deep trough,
approximately 2 miles wide and 20 miles long. Standing in the flat mid-point, one sees
these 20 miles of wooded hillsides on either side. This project will affect this view in a
deleterious manner, removing native vegetation, adding roads, lights and paved areas,
in the south-western hills, in addition to a large 30’ high water tank. This project for up to
14 dwellings, presumably large imposing houses with large, turn-around driveways, and
lights, will be a significant blow to Ukiah’s unique view shed. The potential damage is
not “less than significant.” Moreover, painting a house ‘earth-tones’ is not adequate
mitigation for forest removal.
5. Forestry Resources: According to the ISMND the project should evaluate “forest
carbon measurement methodology provided in Forest Protocols adopted by the
California Air Resources Board.” No data have been provided. CO2 levels continue to
increase in the Ukiah Valley. The removal of forests will add to the carbon increases.
This effect cannot be said to be less than significant unless carbon measurements are
established. In order to ‘neg dec’ the project, current, pre-project baseline data must be
measured. The heat effect of forest removal must be evaluated.
6. Air Quality: The removal of forest and the on-going and continuing increase in carbon
may contribute significantly to the atmospheric inversions that occur routinely in the
Ukiah Valley. This issue cannot be said to be less than significant unless data about the
Valley’s atmospheric inversions are calculated. No data are found in the ‘neg dec.’
7. Biological Assessment: This report is inadequate and cannot be said to evaluate the
biological features of the project. At the beginning of the document prepared for the
assessment, Jacoobzooms and Associates state, “A site visit was conducted on
February 5, 2021. A botanical survey was conducted on March 30, 2021. Additional
botanical survey results will be amended in once completed.” This statement is clear—
the biological assessment at the present is inadequate to support the neg. dec.
Interspersed in the document, the authors admit that they did not evaluate the plants
and animals sufficiently. For example, birds of interest may be nesting, but not during
February; plants of interest may appear but not be observable on March 30. And so on.
The neg dec is incomplete since the biological assessment has not been completed.
I believe the assessment only reviewed the 55 acres for housing development. Am I
wrong? What about the rest of the acreage in the annexation project? The large
acreage, described as 640 acres at one point but not consistently, has not been
Page 58 of 66
surveyed. Yet the project will allow (some might say promote) the roadway to access not
only the area proposed for development, but also the further Western Hills. This is not a
mere city lot with only traffic and noise to worry about on a small acreage. The acreage
of the project is almost as large as Golden Gate Park in San Francisco and deserves a
thorough biological assessment done in various seasons of the year for the entire
project area.
8. Fire: It appears that a portion of the area proposed for housing lies beyond a fire-
break. How is it justified to propose development beyond the fire-break?
Relative to this project are the following questions for a neg dec analysis:
What is the potential for a firestorm in the Western Hills? What is the history of
firestorms in the Western Hills?
What is the state of drought in the Ukiah Valley? Has this drought increased the fire
potential in the Western Hills?
Does the proposed development, occurring in a naturally wooded area increase,
decrease or have no effect on the potential for fires? On the potential for a fire storm?
What is the moisture content of the soil annually in the summer and fall months? Will
the roadway increase or decrease the moisture content of the surrounds?
What will be the speed of the fire’s path were there to be a Western Hills fire originating
in the project area?
9. Feasibility: What is the likelihood of any home development in a fire-prone acreage in
the Western Hills? Will there be fire insurance for the developers/new home-owners?
How will this development project be different from the homes in Deerwood that cannot
get fire insurance?
10. Location and site plan: The maps are inadequate and not well integrated into the
context of the document. There are no topographical maps. This is in spite of the fact
that the site has very steep slopes. The slopes should be described precisely with the
various grades of the roadway and possible driveways included. For fire management
and the water tank accessibility these data are very important in an environmental
assessment. The maps should have better satellite over-lays, with more indications of
where the roadway and driveways will be located, complete with fire vehicle turn-
arounds, etc. The photos included in the biological assessments are described only as
“to the south” or “to the west”, with no indication as to geographical or topographical
whereabouts.
11. Land Use Planning: The goal of the City of Ukiah is densification, not suburban
sprawl. This project is suburban sprawl. What is the mitigation? What is the
justification?
Page 59 of 66
12. Alternatives: an EIR is required to have alternatives, including a no project
alternative and other alternatives that achieve the same or equal provisions.
a. Housing: Recently, the Ukiah Planning Department sponsored a public review of
housing possibilities within the current boundaries of the City of Ukiah.
Where are the results of that review in this environmental evaluation and why don’t the
areas identified satisfy the needs for housing/development, even at all ends of the
housing market? The Western Hills proposed project is clearly for the high end market.
What is the need for high end housing in a fire prone area when those needs can be
met within the existing boundaries of the City where the infrastructure improvements
exist with good roads, good sidewalks, bike paths, trees, and parks?
b. Water: The water tank is said to help with supplying water to the southwestern portion
of the City.
Alternative sites for the water tank must be identified, sites that are more accessible to
more developed areas of south Ukiah and to a larger population of residents. The
proposed site must be evaluated for efficiency and sufficiency in providing water to the
urban population and for its use should a fire in south Ukiah occur, relative to other sites
closer to the already built-out urban area.
Page 60 of 66
MENDOCINO
Local Agency Formation Commission
Ukiah Valley Conference Center | 200 South School Street | Ukiah, California 95482
Telephone: (707) 463-4470 | E-mail: eo@mendolafco.org | Web: http://mendolafco.org
May 20, 2021
Michelle Irace
Planning Manager, City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
RE: Responsible Agency Comments regarding the City of Ukiah Draft Initial Study and Mitigated
Negative Declaration for Ukiah Western Hills Open Land Acquisition and Limited Development
Agreement Project
Dear Ms. Irace,
We have reviewed the Draft Initial Study and Mitigated Negative Declaration for the Ukiah Western Hills
Open Land Acquisition and Limited Development Agreement Project and identified the following items
as a Responsible Agency related to the annexation component of the proposed project.
Further Growth Inducing Analysis for Annexation Component
In order to fully address the annexation component of the proposed project, the Initial Study needs to
further analyze the change in development potential of the annexation area from current conditions.
This involves identifying and comparing the maximum development potential under current conditions
(County General Plan/Zoning and Ukiah Valley Sanitation District service) and the proposed project
development potential (Boundary Line Adjustment, City General Plan/Prezoning, and City services).
The proposed project development potential of 7 Single-Family Dwelling Units and 7 Accessory Dwelling
Units identified for the Development Parcels appears appropriate based on the Development
Agreement, and may result in an overall reduction of environmental impacts or environmental benefits
from the clustered development design, when compared with the current conditions.
Since there is no development anticipated for the Noguera properties, the development potential of
these parcels would be the maximum development potential under both current conditions (County
General Plan/Zoning and Ukiah Valley Sanitation District service) and the proposed project (City General
Plan/Prezoning and City services).
The comparison of current and proposed development potential for the Conservation Parcels may result
in an overall reduction of environmental impacts or environmental benefits from long-term
conservation and associated natural resource and land management activities.
Further Municipal Service Analysis for Annexation Component
In order to fully address the annexation component of the proposed project, the Initial Study needs to
further analyze the provision of municipal services.
This involves a comparison of current system capacity, anticipated service demand of the proposed
project based on development potential, and the City’s ability to serve the proposed project based on
Comment Letter 19
Page 61 of 66
available capacity and project demand. While not necessarily applicable to the proposed project, in
situations where service expansions or improvements are needed to address the proposed project, the
potential environmental impacts of such expansion and/or improvements should also be analyzed.
Prezoning
The Outside Conservation Parcels are subject to Prezoning pursuant to GOV §56375(a)(7) and should be
addressed in the Initial Study.
Concurrent Detachment
Please modify the proposed project to include detachment of the annexation area from the Ukiah Valley
Sanitation District, to address jurisdictional overlap and duplication of municipal service issues, and
potentially County Service Area 3 if duplication of municipal services is applicable.
Based on interest expressed from City of Ukiah staff in support of a proposed Ukiah Valley Fire District
annexation of City Limits, per LAFCo Pre-application No. P-2020-03, concurrent detachment from the
Ukiah Valley Fire District does not appear appropriate at this time.
By addressing the above items in the Initial Study, the Mendocino Local Agency Formation Commission
will be able to rely on the City’s CEQA Determination in consideration of the annexation proposal. Please
note that we are available to assist in modifying the Initial Study to address these items.
Please feel free to contact me if you need additional information or have any questions.
Sincerely,
Uma Hinman
Executive Officer
Cc: Craig Schlatter, City of Ukiah Community Development Director
Page 62 of 66
From:Kristine Lawler
To:Michelle Irace; Maya Simerson
Subject:FW: ISMND and proposed project
Date:Friday, May 21, 2021 7:44:27 AM
From: Helen Sizemore <helensize@gmail.com>
Sent: Thursday, May 20, 2021 9:55 PM
To: Kristine Lawler <klawler@cityofukiah.com>
Cc: Laura Christensen <lauraem@sbcglobal.net>; Mark Hilliker <mshilliker@comcast.net>;
roody@pacific.net
Subject: ISMND and proposed project
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Kristine - please forward to City Council Members. TY
To the Planning Commission and the City Council:
I am very concerned to hear about the development of a small gated development in the western hills, at
Redwood Avenue.
There is a housing shortage in California and in Ukiah. It would be so much more appropriate to
construct condominium
housing. Your future vision must consider our climate changing, drought emergency prone times.
Continuing the economic and
cultural division in our town is not vision it is backward thinking.
A gift of land to the city does not have to be given back to the wealthy. The clustering of a condo project
would be more easily defended from fire threat and be less damaging to the hillside when putting in utilities.
Ukiah can be the change we need. Single family housing is so last century.
Thank you,
Helen Sizemore
Comment Letter 20
Page 63 of 66
From:Jonelle Farr
To:Michelle Irace
Subject:Trail building and housing plan on western hill
Date:Monday, May 24, 2021 7:50:48 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
To: Michelle Irace at Planning department Ukiah 5/25/2021
I am writing in favor of Dave Hull's proposal to donate his remaining land on the westen hills.
I live on Mendocino Drive and Dave Hull has allowed me to do many exploratory hikes on his
property. I have brought many friends and they have all been amazed at the views and the
beauty of this area. It will be so nice not to have to drive to Marin or Sonoma to do major
hiking, The potential is endless!!
Not only is the area untapped hiking potential we are better off due to the fact that Dave and
his team have done an amazing job of fire mitigation. He has removed many of the dead and
dying trees. Every time I get the chance to hike I find they have done many improvements.
I can't wait to see the potential hiking opportunities that we will be able to develop and we can
do much to help all the area be fire safe and safe against illegal grows that will compromise
Gibson or Dolan Creeks!!
The interface between the homes and hiking will be somewhat of a challenge but when you
hike on Mt. Tamalpais is doable with good planning and property owners that see the value in
sharing the western hills with all of us!!
I hope all of you will take the opportunity to visit this spectacular property and make it
possible to share this beauty with all those who love this area!!
Sincerely,
Jonelle Farr
861 Mendodino Dr.
Ukiah, Ca
12b. Correspondence Received
Page 64 of 66
12b. Correspondence Received
Page 65 of 66
From:Patty Mcmillen
To:Michelle Irace
Subject:Western Hills Project
Date:Monday, May 24, 2021 3:16:04 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Good Afternoon: I wanted to reach out in favor of the Western Hills Project to say that I'm
excited to see some new Westside housing parcels that will be available for market rate
housing that allow ADU units. At our current market.. we only have 25 homes that are
available for purchase and only one is a new home. The community needs to keep in mind
that the hospital is constantly looking to recruit doctors to our area and with the shortage of
housing they go to other areas with larger inventory of homes. It's not just about home
development it's about accessibility of westside hiking trails, keeping the low density housing
& the fire mitigation that has been done to protect the western hills. This is a great project for
Ukiah and I'm excited to see it come alive.
Patty McMillen
Selzer Realty/ReMax Gold
707-467-3637
12b. Correspondence Received
Page 66 of 66