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HomeMy WebLinkAbout2006-05-03 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 3, 2006 5:00 p.m. 5:00 p.m. - 6:00 p.m.' Presentation by Steve Reader on the Mendocino County Jail Needs Assessment and Criminal Justice Master Plan Update 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation: May 2006 as Healthy Kids Mendocino Month b. Proclamation: May 2006 as Lymes Disease Awareness Month c. Introduction of New Employee - Don Ballek, Economic Development Coordinator and Assistant to the City Manager 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Meeting of February 15, 2006 g RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision.by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report to the City Council Regarding the Rental of Space from Doug Adams dba: Skate City for the 2005/06 Youth Basketball Program in the Amount of $5,992 b. Report of Acquisition of Contractual Services with Joe Bittner in the Amount of $5,006.97 for Development of Scope of Work for Lake Mendocino Hydroelectric Plant Refurbishment c. Report to City Council Regarding the Purchase of Services from All Phase Electrical for the Repair of the Anton Stadium Lighting System in an Amount Not to Exceed $5,040 d. Authorization to Increase City Health Contribution for Elected Officials and Year Round, Pad-time Employees al AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. 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 in which the subject is not listed on the agenda. 9. PUBLIC HEARINGS (6:15 PM) a. Introduction of Ordinance Rezoning Assessor Parcel Numbers 003-050-29, 66, 85 and 86 (ZC No. 05-34) b. Introduction of Ordinance Amending Ukiah Municipal Code Provisions Regulating Minor Subdivision of Lands with Limited Public Street Frontages 10. UNFINISHED BUSINESS a. Continued Discussion and Consideration of an Ordinance Regarding Campaign Reform- Baldwin, Rodin 11. NEW BUSINESS a. Discussion and Possible Action Regarding Dogs, Smoking, High-Back Chairs, and Barbeques at Todd Grove Park for Sundays In The Park Concert Series b. Discussion and Direction Regarding the Management and Reporting Requirements for the City of Ukiah Public Benefits Program c. Discussion and Direction Concerning the Development of a Green Building Program d. Request from Menton Builders Request for Photovoltaic (PV) Incentive Rebate Related to Twelve Unit Townhouse Development on Apple Avenue e. Discussion of Policy Regarding Community Grants Program for Fiscal Year 2OO6/O7 f. Discussion of Cost of Living Increase for City Councilmember Salaries g. Approve Resolution Requesting that the Department of Commerce Declare a 2006 Pacific Salmon Disaster and Urging the Departments of Commerce, Interior and Agriculture Take Immediate Steps to Adopt a Comprehensive, Basin-wide Restoration Plan for the Klamath River Basin - Ashiku/Rodin 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION a. Government Code §54956.8- Conference with Real Property Ne.qotiator Property: Low Gap Road Property Owner: City of Ukiah Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment 15. ADJOURNMENT 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. Dated this 28 day of April, 2006. Marie Ulvila, City Clerk ITEM NO: Workshop DATE: May 3, 2006 ,/ AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY STEVE READER ON THE MENDOCINO COUNTY JAIL NEEDS ASSESSMENT AND CRIMINAL JUSTICE MASTER PLAN UPDATE The City Manager has requested Steve Reader, consultant to Mendocino County, to present the Mendocino County Jail Needs Assessment and Criminal Justice Master Plan Update to the City Council. Council received copies of the Plan from Councilmember John McCowen earlier this month. RECOMMENDED ACTION: Receive update on the Mendocino County Jail Needs Assessment and Criminal Justice Master Plan. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager APPROVED:canal-ace Horsley, City I~ager 3/1 PROCLAMATION OF THE~ UKIAH CITY COUNCIl, · "In Recognition of He~thy Kids Mendoeino Month" WHEREAS, all children have a right .to live in a state of good health and well-being; and WHEREAS, access to health insurance leads to improved health for children, healthier families and healthier communities; and WHEREAS, approximately 1,500 children in Mendocino County are uninsured for all or part of the year; and WHEREAS, the City of Ukiah is dedicated to protecting our youngest residents and has demonstrated a strong and continued commitment to expanding health insurance options for our · 'S community children; and WHEREAS, Healthy Kids Mendocino boasts a strong public- private partnership and promises to significantly expand the number of families with health insurance coverage for their children; and WHEREAS, the formal launch of the Healthy Kids Mendocino campaign is scheduled for May 1, 2006; NOW, THEREFORE, I, Mark Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen, and Douglas Crane hereby proclaim the month of May, 2006 as WHEREAS, Lyme disease (LD) is an infectious disease transmitted by the bite of an infected western black-legged tick (Ixodes pacificus) in Mendocino County, a highly endemic area where 12 percent of the poppy-seed-sized nymphal ticks that cause most human cases of LD carry the LD bacteria; and WHEREAS, these ticks are carried by mice, rabbits, deer, birds and other forms of wildlife and domestic animals into the backyards ~. and homes of the citizens of the City of Ukiah, as well as in outlying fields and forests where they work and recreate; and .. WHEREAS, traditional methods of removing embedded ticks by burning, twisting or mutilating are dangerous and can increase the risk of acquiring the infection, the citizens of the City of Ukiah are encouraged to seek accurate information about effective ways to protect themselves from ticks, appropriate treatment, and which tests to order for diagnosis of this serious and .debilitating disease; and WHEREAS, a new generation of nymphal ticks emerges in early May, it is thus fitting that May. be declared Lyme Disease Awareness Month; NOW, THEREFORE, I, Mark Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen, and Douglas Crane pl:oclaim I.]7' ~ CII] ; 01~ ITliIdtl ~[ay 3, J~ark./lskiku, ~layor 3b ITEM NO: 3.c DATE: May 3, 2006 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - DON BALLEK, ECONOMIC DEVELOPMENT COORDINATOR AND ASSISTANT TO THE CITY MANAGER SUMMARY: In meeting the City Council's desire to expand the City's ability to provide a liaison and resource to assist local businesses, as well as being a primary contact for new businesses wishing to relocate to this area, I am pleased to introduce our new Economic Development Coordinator and Assistant to the City Manager, Don Ballek. A graduate from the University of Wyoming with a B.S. Degree in Business Administration, Don's background includes retail management, direct sales, and marketing experience in California. In addition, he has personal experience with the Main Street Program serving as a Main Street Manager and the Assistant State Main Street Coordinator with the Community Development Division with the State of Kansas. Don has also worked as a field representative for the CDBG program, and most recently as the Project Manager for the Northwest Region for Business Development Division of the Kansas Department of Commerce based out of Hays, Kansas. Don has assisted businesses and communities in an 18 county region and developed a strong support network. He is proud of his accomplishments and the progress of the many businesses and communities he worked with. Don chose to return to California to accept new challenges and opportunities with the City of Ukiah. He is excited about the possibilities that the new position creates and looks forward to meeting with businesses and property owners of Ukiah. RECOMMENDED ACTION: Council welcome Don Ballek, Economic Development Coordinator and Assistant to the City Manager to the City. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Candace Horsley, City anager TO: FROM: SUBJECT: DATE: MEMO MAYOR ASHIKU AND CITY COUNCIL CITY CLERK MARIE ULVILA .~.;2'.~ ~,-~ ,"d:..-' ~--~'.~'~ ~:~'~,'" ''~ ~, " '~ CITY COUNCIL MEETING MINUTES: FEBRUARY 15, 2006 APRIL 28, 2006 48 Every effort will be made to deliver the minutes of the February 15, 2006 City Council meeting to the Council no later than Tuesday, May 2, 2006. If you should have any questions, please do not hesitate to contact me at 463- 6217. Memo: Minuteslate . Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Staff Present: Risk Manager/Budget Officer Goodrick, City Man; McCann, City Attorney Rapport, Community/General Services Services Supervisor Simerson, Planning Director Stump, Police CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 15, 2006 ROLL CALL 6:08:29 PM Ashiku. Finance Director Sangiacomo, Community ms, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE6:08:49 PM Everyone recited the Pledge of Allegiance. URGENCY ITEM: 6:09:! 7 PM Mayor Ashiku announced that there is a need to tal came to the attention of the City Attorney subsequent Item concerns: "Approval of joint def{ and confiden Attorney to sign the agreement on beha City." and the ,ed for action being posted. The Urgency reement, authorizing the City M/S Rodin/McCowen to included carried by the following roll call vote: AYES: Mayor Ashiku. NOES: None. ABSTAIN: Nor Bu~ "1 Of" on the agenda, ~Cowen, Rodin, Baldwin, and 3. PRE~ 3a. IntrE 3rter and Police Chief Williams inb the City Co~ Polic !8 PM ICLAMATIONS - Police Officers Josh Cabral. Josh Cabral, Andy Porter, and Chris Long to 3b. 'oduction of Finance McCann Technology ialist, and Em - Jeff Information Information Technolo¢ ' 6:14 PM ew Finance Department employees Jeff King, Information Butler, Information Technology Supervisor to the Council. 3c. Introducti Planning Directo~ Coordinator. Chris White~ Code Compliance Coordinator 6:17 PM Chris White, the City's new full-time Code Compliance 3d. Proclamation - Recognition of "National Engineers' Week 2006"6: ! 8:44 PM Mayor Ashiku read the Proclamation proclaiming February 19-25, 2006 as "National Engineers' Week" in the City of Ukiah, and called upon all citizens and civic organizations to recognize the contributions made by this special group of people. Rick Seanor, president of the Lake and Mendocino Counties Engineers Association, accepted the Proclamation and noted that the focus of this organization is to raise money throughout the year to fund a scholarship program for students interested in the engineering field. 4. APPROVAL OF MINUTES6:2 ! :22 PM 4a. Regular Meetin~ Minutes of November 27 2005 Councilmember McCowen noted a correction to the spelling of "Dotty Coplen" on page six. M/S Rodin/Baldwin approving regular meeting minutes of November 2, 2005 as amended, and carried by a unanimous voice vote of the Council. 4b. Special Meeting of City Council: CIP Workshop of M/S Rodin/Baldwin approving special meeting minutes of Dec~ carried by a unanimous voice vote of the Council. 20056:22: ! 0 PM as presented, and 4c. Special Closed Session Meeting of City Council M/S McCowen/Crane approving special closed session presented, and carried by a unanimous voice vote of ti :il. '.0066:22:3 ! PM 31,2006 as 5. RIGHT TO APPEAL DECISION6:22:5 ! Mayor Ashiku read the Right to Appeal Decision. 6. CONSENT CALENDAR6:23:]$ PI Councilmember Crane requested that ih" be pull Calendar. Mayor Ashiku stated that item "6h" will be M/S Rodin/Baldwin approving Consent a. Approved Disburseme~ Ionth of Jan, b. Rejected Claim for Joint Powers Autl c. Rejected Claim the Joint Powers d. Approved 2t of Uki; e. Rec, Report :eived from Empire Mur from Tr New item "10g". g" and "1" through "j" as follows: 306; ucci and Referred Claim to the Insurance Fund; Elaine Burgess and Referred Claim to Insurance Fund; of a Local Emergency for the City Computer Equipment from Dell Marketing, f. nance 10' Chapt~ rticle 19 of t g. Receivec ~est Author Engineer; i. Received Noti' Truck to Global 9254, Entitled "Marijuana Cultivation" to Division 9, Code; to Replace Engineering Associate Position with Assistant uncil Regarding Award of Bid for the Emergency Rental of a Line y, Inc., in the Amount of $11,523.75; Received Notificati, :o Council Regarding the Award of Bid for the Emergency Repair of the Digger Derrick Lin{ Truck to Terex Utilities in the Estimated Amount of $16,170.00. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:24:32 PM Dane Wilkins, Director of Northern California NORMAL, stated his concern with comments made at a recent City Council meeting that organizations such as NORMAL are not concerned with the health and safety of people in the Ukiah community. He stated that Northern California NORMAL is concerned with educating the public, integrity, honesty, health, and safety. Ukiah Morrison stated that the Nuisance Ordinance is offending to some people and that there are many people who need marijuana for medicinal purposes. Ken Anderson, representing the Wagonseller neighborhood, stated that they are concerned with the application submitted by Rural Communities Housing Development Corporation (RCHDC) for annexation of eight acres into the City of Ukiah. He recommended that the City Council and Board of Supervisors consider smart growth planning for all developments in theValley and not provide exemptions to affordable housing developments. 8. PUBLIC HEARING - None. 9. UNFINISHED BUSINESS 9a. Authorize the er to otiate and Services for the Ukiah Munici Golf Ce Tayman Park Golf Grou Inc.6:35:24 Councilmember Crane advised that during the proce four proposals were received, one of which was from th He noted that since that time, Mr. McMillen has with( because Mr. McMillen held the position ~'s Golf Pro (RFP), other professionals did not as a ct recommended that the RFP be sent back review and to provide direction to the City C a Jimm~ Stewart olf Professional bids the Golf Pro, Golf Pro, Jeff McMillen. It was his opinion that ime of the Request for Proposal courtesy. He Commission for further Community/General Services Supervisor criteria by which prol City Council Services at the Ukiah Golf Group, for the San a P( Pro RFP er to with alor Ih the assistance of Community !rPoint ~entation explaining the process and evaluated. It was his recommendation that the execute a contract for Golf Professional y Stewart and Frank Johnson, Tayman Park Public op M, ~e public thal Rosenbal~ bert Reid, Golf Club), J( ~nedy, Do and Ken Jone,, ~ssue included: Don Crawford, Bonnie Carter, Vincent and Raylene Neustrel, Paul Moore (President of the Men's Gabe Quinones, Chris Colvert, Tim Baechtel, Brad Hunt, Considerable discus,, lsued concerning the RFP process including fairness to those that submitted a proposal i! to the current RFP, the City's liability if it were to reject all bids, the rating process for the bids submitted, the PGA's view of profession courtesy, as well as the consideration and support of the golfing community. Public Comment Closed: 7:37:41 PM 7:58:10 PM Mr. Frank Johnson, speaking for the Tayman Group, stated that he hopes to provide everyone an opportunity to know him, his business skills, and practices. M/S Baldwin/Rodin authorizing the City Manager to negotiate and execute a contract for Golf 3 Professional Services at Ukiah Municipal Golf Course with Jimmy Stewart and Frank Johnson, Tayman Park Golf Group, Inc. Discussion followed among Councilmembers who expressed their concerns with regards to the change in circumstances since Mr. McMillen withdrew his proposal, the possible advantage of going out for the RFP again would be to attract more applicants, the processing of proposals by the screening panel and the Parks, Recreation, and Golf Commission, and the screening panel's scoring/ranking of proposals. There was additional discussion concerning the possibility of the Golf Pro providing all maintenance and operation of the Golf Course. Motion failed by the following roll call vote: AYES: Councilme Councilmembers Crane, McCowen and Mayor Ashiku. Rodin, Baldwin. NOES: ABSENT: None. 8:19:35 PM Mayor Ashiku left the meeting. Vice-M n the meeting. Recessed: 8:20:48 PM Reconvened: 8:27:44 PM Councilmember Crane recommended that Staff be dir. substantial difference in the proposals that the RFP incor Pro to have more control concerning course is mair additional FP's andthata the authority on the part of the Golf and operated. City Manager Horsley explained that staff noted that Staff could return to the Council panel to ensure that all RFP's submitted wou suggesti ges to the RFP. She of a neutral, unbiased Mayor Ashiku recomm, of the Golf Course. RFP in~ terms of control over maintenance Additional discussion process that ,llow th frame :leveloping a new RFP and the evaluation ;, Directt iacom~ it is ,onth-to-montl nce there is no term to the current contract with Mr. McMillen, 9. UN 9b. Ado of Consoli Re~ uestin, Measure to b City Attorney Rappo~ the June 6, 2006 BUSlN Resol~ Munici Election~ Requesting the of [ection with the Statewide Election To Be Held .~ 6, to Conduct the Election, and ' a Ballot ~d on the Ballot for such Election8:36:09 PM that the City Council has decided to present a ballot measure on The measure will ask the voters whether they want to restore the practice in effect in the City for 100 years prior to 1986 of rotating the position of Mayor among the five elected members of the Ukiah City Council and to discontinue the practice of the last 20 years of directly electing the Mayor every two years. He discussed the process which the City must follow in order to conduct a special election on June 6th on this measure. M/RC Baldwin/Rodin adopting Resolution 2006-39 calling election, consolidating election with statewide June 2006 election, requesting Mendocino County to conduct election, approving ballot measure, and authorizing designated City Council members to file rebuttal argument, if required. 4 Councilmember McCowen suggested that he and Councilmember Rodin prepare the wording of the ballot measure since they were involved in this process previously. Councilmember Rodin read proposed wording for the measure. Dotty Coplen voiced her support for the ballot measure however, she thought that the proposed wording would give the voters the impression that they are giving something up even though they aren't. She recommended changing the wording of the question to After discussion of the wording of the ballot measure, the ma ballot measure question to the voters should read as follows: whereby the Council appoints the mayor from among the whom serve four year terms, and practice of the direct eliminated? Council concurred that the ginal system be restored ;ouncil members, all of a two year term be Councilmembers Baldwin and Rodin acce measure, and incorporated it into their motion. It McCowen's names should be inserted into the Res< rebuttal argument on behalf of the City Council to any a measure. to the ballot Councilm~ 's Rodin and auth~ zed to submit a submitted in opposition to the Motion carried by the following roll call vot~ Baldwin. NOES: Mayor Ashiku. ABSTAIN: None. McCowen, Rodin, and 9. UNFINISHED BUS 9c. Discussion an, Regulation., Councilmember to the Sign Ordinance but back to the more imp~ ire :ration of Revisions to the City Sign the matter o enda does not concern specific revisions Council as to what it would like staff to bring s. He noted that enforcing current regulations is ulatior this time. M/S current reg ~ns to the Council on a monthly basis as to the status of violations. Lisa Mammi of informed Coun( she re~ 's TV in Ukiah, addressed the Council concerning box signs and the box signs at Jerry's TV because they were unsafe. Joy Beeler, concerning the City's cause for mi~ of the Greater Ukiah Chamber of Commerce, addressed the Council sign ordinance, noting that there are sections in the ordinance that are , and recommended the City Council adopt a revised Sign Ordinance. Dick Seizer stated that the City should focus on enforcing the existing ordinance before developing a new ordinance. In the meantime, the City should work on revisions to the Sign Ordinance. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10b. Continued Discussion and Consideration of an Ordinance Regarding Campaign ReformmBaldwin~ RodinS:$9:2.(~ PM Councilmember Baldwin explained that the matter of an ordinance regarding campaign reform concerns instilling greater fairness in the process and more equal access to all people in the Ukiah community and to gain the attention of voters prior to the day of an election. His goal is to gain consensus among Council and to return an Ordinance to Council within six weeks for consideration and adoption. He expressed the need to have an Ordinance in place prior to the November 2006 election. Councilmember Rodin read the elements aloud as outlined in the )rt Mayor Ashiku stated that the information provided by the supported one position or another. With the information if there is validity to the issue that the City has a problem, the problem or its cause. He also noted that no action proposed would mitigate the problem. He a~ Internet and found there are many points of view the provided 9d that he re,, id not include studies that to determine on provided identify ~onstrates that the matter on the Considerable discussion followed regarding the matter issues discussed included establishing poll of the Council revealed that those limits included Councilmembers Baldwin, opinion that currently the Fair Political Pra( and all campaign reporting is filed with the how to determine the amount of money "in-~ noted the difficulty of con1 utside sour( matter of di,, g na~ was spendin! of campa~! McCowen, ' ssion (FPI make in :ibutions. Other and unfair campaign practices. A and campaign contribution Crane was of the control of these matters the FPPC. He questioned to for reporting purposes. He ributions to local elections. The ~gard to privacy issues. Members of the Councilmembers Rodin Leman, Holl' Jan in support of Ron E n reform and the proposal submitted by ;in, Alea Waters, Benj Thomas, Richard i, Judy Pruden, and Roger Foote. Those agai~ Ross Liberty, Dick Seizer, and Ken Collin. A Council al submitted investigate vari~ also directed staff folh and ouncil addressed the concerns expressed by the public. 'nmendations concerning various items outlined in the memo in and Baldwin. Council directed the City Attorney Rapport to erning campaign reform and provide a report to the Council. Council ~tter on the next Council agenda for further discussion. 10:55:34 PM: R~ 11:04:30 PM: Reconvened 10. NEW BUSINESS 10a. AD~3roval of Fiscal Year 2005/06 Mid Year Budget Amendment l 1:05:10 PM M/S McCowen/Crane approving Attachment A- Summary of Proposed Mid-Year Budget Amendments- Fiscal Year 2005-2006. Councilmember Baldwin inquired about the Public Benefits' service accounts. City Manager Horsley responded by stating that staff will provide Council with an update. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10c. Receipt of Audited Financial Statements for Fiscal Year 2004-2005] ! :06:57 PM M/S McCowen/Baldwin accepting and filing the audited financial statements for Fiscal Year 2004- 2005, and carried by a unanimous consensus of the Council. 10. NEW BUSINESS 10d. Selection of Disaster Planning Sub-Committee---Asl Mayor Ashiku stated that he would like to form a Planning process. He noted that since the floods of Dece in making sure the citizens are prepared for possible respond. He inquired if Councilmember Crane woul him. Councilmember Crane agreed. llPM ;w the City's Disaster he an interest and is prepared to willing, to serve on tht:ommittee with After a brief discussion, it was the consensus of Crane serve on the Disaster Planning Sub-Committee. Ashiku 10. 10e. NEW BUSINESS DiscusSion and Possible Action Commissioners--Ashiku 11:09:14 Mayor Ashiku advised that he asked to procedures for appointm, ,ning Comrr suggestion by Council As coincide with the ter Counci s of Plannin.a possible action regarding the ners to ity Planning Commission, upon a May the Planning Commissioner terms Der who nominated that Commissioner. Councilmember McCow which he thought it with th~ :lin Cou~ still provide M unty Board felt that it iocess that method and be un~ choice for Planr Jer. the City Council adopted the new procedure, the previous appointments were handled, he each Co~ .~mber the privilege to nominate their Planning of cases, that person would be ratified by the by the vote of the full City Council. He noted that the adhered to this procedure for the past 30 years and he d well for them. He proposed that Council adopt the same that each sitting Councilmember has the right to nominate their Councilmember B~ Councilmember McC( disagreed with the suggestion and pursued discussion with ~n concerning the matter. Judy Pruden, current City Planning Commissioner, was of the opinion that the current system works well, and noted the difference between the City Council and the Board of Supervisors with regard to jurisdiction and districts. It was noted by Mayor Ashiku that the suggestion proposed by Councilmember McCowen allows Councilmembers an opportunity to ask questions of the applicant so they can make a determination. Councilmember Rodin noted that the system could become a political appointment and how a 7 majority of council could vote down an appointment. Councilmember Baldwin recommended that a member of the Airport Commission not be a pilot. City Attorney Rapport was directed by a consensus of the City Council to provide a draft Ordinance amending the current system for appointing Planning Commissioners, based on current discussion of the matter at this meeting. Councilmember Baldwin cast a "no" vote. 10f. Approval of Joint Defense and reement and Attorney to Sign Agreement on behalf of the City11:46:02 PM M/S Crane/McCowen approving Joint Defense and Confidenti~ Roseville withdrawal from Pooling Agreement and behalf of the City; carried by the following roll call vote: AYE~ Rodin, Baldwin, and Mayor Ashiku. NOES: None. AB,~ ne. =n to City reement regarding City of to sign agreement on )ers Crane, McCowen, None. 10g.(6h) Adopted Resolution Revisinq Fees for An analysis of the costs of copies was made and cents per copy was presented for adoption. Costs 1 ] :46:40 PM ution cing the fee to 10 M/S McCowen/Crane adopting Resolution 2006-40 unanimous voice vote of the City fees for copy costs; carried by 11. COUNCIL REPORTS Councilmember Crane provided a report Committee is currently involved in strategies for Design, utilizing the pf that have raised imm meeting he attended. The for developing Requests e Committee. Councilmember which other ag payment for the first Council's n( for di an Inland' The City will and Power Commission (IWPC) meeting in fund $30,000 immediately to assist with recommended this matter be placed on ty study. 12.1 er Horsley inq what time Co~ could be prior to th. :TS workshops are being scheduled for the City Council and the meetings to begin. Council agreed that the workshops oil meeting commencing. Adjourned to 12:15:08 AM 13. CLOSED Employee Nec is: Fire Unit Negotiator: Candace Horsley Reconvened: 1:10 AM No action taken on Closed Session item. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 1:10 AM. Marie Ulvila, City Clerk ITEM NO. 7.a DATE: May 3, 2006 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING THE RENTAL OF SPACE FROM DOUG ADAMS dba: SKATE CITY FOR THE 2005~06 YOUTH BASKETBALL PROGRAM IN THE AMOUNT OF $5,992 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City Council this report regarding the purchase of rental space for $5,992 from Doug Adams dba: Skate City for the youth basketball program. The current youth basketball program has grown to be the largest youth sports program offered by the Community Services Department with more than 1000 participants in grades K-12. The program has outgrown the amount of gym space provided by local schools, requiring the City to rent facility space from Skate City over the past three years. Each team is provided a single one-hour practice each week. Skate City provides two courts with specialty baskets set at a height of 8'6" for the younger kids. The space was utilized from November 2005 through March 2006. All programs expenditures are offset by the registration and sponsorship fees. The rental of space is budgeted in the 100.6111.330.001 account. RECOMMENDED ACTION: 1. Receive report regarding the rental of space from Doug Adams (dba: Skate City) for the Youth Basketball Program. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager and Mary Horger, Purchasing Supervisor N/A APPROVED' CanOe H6rsley, City Man~er AGENDA ITEM NO: 7. b MEETING DATE: May 3, 2006 SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF CONTRACTUAL SERVICES WITH JOE BITTNER IN THE AMOUNT OF $5,006.97 FOR DEVELOPMENT OF SCOPE OF WORK FOR LAKE MENDOCINO HYDROELECTRIC POWER PLANT REFURBISHMENT SUMMARY: In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing $5,000 or more but less than $10,000. On January 31,2006 the City of Ukiah entered into an agreement with Joe Bittner to develop a scope of work for the Lake Mendocino Hydroelectric Power Plant Refurbishment as a result of storm water damage to the plant in late December 2005. This scope of work was used for the request for proposal associated with the hydro plant refurbishment. The invoice for the scope of work development was $4,127.53. At a later date FEMA required Mr. Bittner to return to assist their specialist with damage assessment. This was accomplished on April 10, 2006. The invoice associated with the FEMA damage assessment totaled $879.44, which caused the contract to exceed the $5,000 threshold for City Council reporting purposes. Staff is reporting to the City Council that the total amount paid on Mr. Bittner's contract was $5,006.97. Funding is available for this contract in account number 800.5536.250.007 (Lake Mendocino Hydro-Plant, Waterways and Conservation). While FEMA does not reimburse costs associated with damage assessment, the City will receive an allowance for "administrative" support which will cover these costs. RECOMMENDED ACTION: Receive and file report regarding the acquisition of services to provide a cope of work for the Lake Mendocino Hydroelectric Power Plant refurbishment. ALTERNATIVE COUNCIL POLICY OPTIONS: NA Citizens Advised: Prepared by: Coordinated with: N/A Liz Kirkley, Electrical Distribution Engineer Murray Grande, Interim Public Utilities Director, David Rapport, City Attorney, and Candace Horsley, City Manager Candace Horsley, Cly Manager ITEM NO. 7.c DATE: May 3, 2006 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF SERVICES FROM ALL PHASE ELECTRICAL FOR THE REPAIR OF THE ANTON STADIUM LIGHTING SYSTEM IN AN AMOUNT NOT TO EXCEED $5,040 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of services to repair the lighting system at Anton Stadium. The purchase was made to replace burnt out light bulbs and realign the system. The purchase was necessary for the safety of the youth utilizing the field for various sporting activities already in progress. Given the height of the light standards, the work requires specialty knowledge and safety equipment. All Phase Electrical is the only regional contractor that has been identified with the necessary expertise and insurance to complete the work. The purchase was charged to the 100.6001.250.000 account (Parks Contractual Services). RECOMMENDED ACTION: 1. Receive report regarding the purchase of services from All Phase Electrical for the repair to the Anton Stadium lighting system in an amount not to exceed $5,040. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community/General Services Director and Jake Burgess, Activity/Sports Coordinator Candace Horsley, City Manager and Mary Horger, Purchasing Supervisor N/A APPROVED:~ _ _ Candace Horsley, Cit~anager AGENDA SUMMARY REPORT ITEM NO. 7.d DATE: May 3, 2006 SUBJECT: AUTHORIZATION TO INCREASE CITY HEALTH CONTRIBUTION FOR ELECTED OFFICIALS AND YEAR ROUND, PART-TIME EMPLOYEES The City of Ukiah currently provides a monthly health insurance contribution towards the cost of insurance benefits for its year round, part-time employees and elected officials. This does not include seasonal or temporary employees. The health contribution for year-round, part-time employees participating in City health plans was initially approved by the City Council in December 2002, at which time the rate was set at one-half the health contribution paid to full-time employees at that time, or $223.50 per month. Elected officials participating in City health plans receive a health insurance contribution of $241.00 per month. This amount has not been increased in approximately eight years. Staff is proposing an increase in the part-time employee and elected official's monthly health contribution that is equivalent to the REMIF "employee-only" health insurance premium, which is currently $332.16 per month. This is equivalent to the ratio between hours worked by the part-time and full time employees compared to the insurance premium contributed by the City. The average contribution made for full time employees is $485 per month. This would result in an increase to the part-time employees' health contribution of $108.66 per month, and to the elected official's health contribution of $91.16 per month. Based upon current insurance contributions of eligible part-time employees and elected officials of $27,660 per year, the proposed health contribution of $332.16 per month would result in an increased cost of approximately $12,199.00 for the next fiscal year. By tying the health contribution to the REMIF "employee-only" insurance premium, the monthly contribution would automatically increase in accordance with any premium increases, which would keep the contribution more current without the need to return for Council approval every few years to increase the contribution. Staff requests authorization to tie the part-time, year round employee and elected officials' health insurance contribution to the REMIF "employee-only" premium amount, which is currently $332.16. RECOMMENDED ACTION: Staff recommends tying the monthly health insurance contribution for year round, part-time employees and elected officials to the REMIF "employee-only" health insurance premium. ALTERNATIVE COUNCIL RECOMMENDATIONS: 1. Do not tie the year-round, part time and elected officials' health insurance contribution to the REMIF "employee-only" health insurance premium; 2. Refer to staff for additional information. Citizen Advised: N/A Requested by: Melody Harris, Personnel Director Prepared by: Melody Harris, Personnel Director Coordinated with: Candace Horsley, City Manager Attachments: N/A APPROVED: Candace Horsley, City M~ager ITEM NO.: 9.a DATE: May 3, 2006 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE REZONING ASSESSOR PARCEL NUMBERS 003-050-29, 66, 85 & 86 (ZC No. 05-34) SUMMARY: The approval of the proposed rezone will change the zoning district designation for the four contiguous lots that comprise the 1.44-acre project site from the existing R-3 (High Density Residential) Zoning District to the R-3 PD (High Density Residential-Planned Development Combining) District. This zone change project includes the Site Development Plan required for Planned Development rezone projects. This plan proposes the development of three common-space lots for outdoor recreation and cul-de-sac development for Apple Avenue and 24 residential townhouse lots with a variety of non-standard lot features. These include lots sizes between 1,419 to 3,689 square feet, with an average area of 2,402 square feet for each townhouse lot and lot widths of between 24-40 feet, with an average width of 30 feet. Additional deviations consist of minor reductions to front yard and rear yard setbacks, and larger reductions to side yard setbacks, including the construction of townhouses with only a two-inch separation. Specific lot dimensions and building footprints are shown on the Development Plan exhibit included in the attached Planning Commission Staff Report (Attachment 3) and discussed on Page 5 of the same report. The project also includes a major subdivision map that would allow the division of the site into the 27 lots discussed above. This map cannot be approved until the Zone Change ordinance becomes effective, but it has been included in the analysis of the proposed rezone. (continued on Page 2) RECOMMENDED ACTION: 1. Conduct a public hearing regarding Rezone No. 03-56 and the Site Development Plan; 2. Approve the Mitigated Negative Declaration prepared for the project, and 3. Introduce the Ordinance rezoning the affected lands from the R-3 Zoning District to the R-3 PD Combining Zone District ALTERNATIVE COUNCIL POLICY OPTION: 1. Provide alternative direction to staff. Citizen Advised: Legal notice published in the Ukiah Daily Journal Requested by: Richard Ruff & Associates, applicants, Estok Menton and Antonio Rocha, owners Prepared by: Dave Lohse, Associate Planner Coordinated with: Candace Horsley, City Manager and Charley Stump, Planning Director Attachments: 1. Ordinance for Adoption, including Exhibits A and B 2. Negative Declaration for RZ 03-56 & MS 03-57 3. Staff Report to the Planning Commission for RZ 03-56 & MS 03-57 4. Minutes from Planning Commission Meeting held on March 22, 2006 SUMMARY (Continued) Candace Horsley, Cit~ Manager SUMMARY (Continued) Background: In the early part of 2005, the Ukiah City Council approved a combination of projects that permits the development of 32 apartment units on the same lots. In August of last year, the applicants substituted the current townhouse project for the project described to provide a project that is more compatible with the surrounding neighborhood and market conditions. Staff prepared an environmental analysis and staff report for the projects and then brought it to the Planning Commission for recommendations, in accordance with Ukiah Municipal Code provisions for planned developments. Planning Commission Recommendations: The Ukiah Planning Commission conducted a public hearing on March 22, 2006, to consider the projects and after discussion, voted 3-0 (2 members absent) to recommend that the Ukiah City Council approve the Mitigated Negative Declaration prepared for the project. The Commission also voted 3-0 to approve the Zone Change to R3-PD zoning based on the twelve (12) Findings included in the Staff Report prepared for the hearing (see Attachment 2), and subject to the Conditions of Approval in this report. The Commission did opt to modify one condition to require additional screening along the site's southern boundary and required one additional condition to ensure timely disclosure to the occupants of the townhouse units that the site is located beneath the Ukiah Municipal Airport's northern flight path. These revised conditions have been incorporated into the Conditions of Approval listed in Attachment 2 of this report. The Planning Commission also reviewed the tentative subdivision map submitted concurrently with the Zone Change/PD project and found it to be consistent with the provisions of the Ukiah Subdivision Ordinance and the California Subdivision Map Act. Based on this determination, the Planning Commission voted 3-0 to recommend that the City Council approve the 27-1ot subdivision. Therefore, Major Subdivision Map No. 05-35 will be considered in a public hearing before the City Council if the Council approves the Zone Change Ordinance. CONCLUSIONS: The approval of the proposed Zone Change and Site Development Plan will provide the subject property with the unique set of development standards required to allow its eventual development into individually-owned townhouse units. This project was reviewed carefully by City staff and the Ukiah Planning Commission, and the recommendation for the project approval is based on its consistency with the Ukiah General Plan goals and policies for medium to high density housing, the applicable use and development standards of the R-3 Zoning District, and the PD Combining Zone requirements for the provision of a Precise Development Plan that is consistent with the UMC intent of providing innovative and interesting housing opportunities. Finally, staff notes that the replacement of the previously approved apartment complex with townhouse units would result in fewer rental units available in Ukiah, but it will increase the availability of affordable home ownership opportunities. ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a 1.44-acre site comprised of four properties at 760 and 767 Apple Avenue (Assessor Parcel Number 002-050-29, 66, 85 & 86) in the City of Ukiah from the R-3 (High Density Residential) Zoning District to the R-3 P-D (High Density Residential-Planned Development) Combining Zoning District. SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to establish more flexible development standards for lot size, lot width, and yard areas, which will allow the development of 24 individually-owned townhouse units and three common-space lots for outdoor recreation and a paved cul-de-sac terminus at the north end of Apple Avenue, as shown in Exhibit A of this ordinance and subject to the Findings and Conditions of Approval shown in Exhibit B of this ordinance. SECTION THREE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on May 3, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAI N: ,2004, by the following vote: Mark Ashiku, Mayor ATTEST: Marie UIvila, City Clerk ORDINANCE EXHIBIT 1 Menton-Rocha Precise Development Plan Z Z 0 I--- Z ORDINANCE EXHIBIT 2 Findings and Conditions of Approval for the Menton-Rocha Precise Development Plan FINDINGS:: The rezone of the subject property to R-3 PD Combining and the development of the proposed townhouse units is consistent with the Ukiah General Plan since the proposed housing complex is designed in a manner that is consistent with Land Use Element siting criteria for medium to high density residential development and Housing Element implementation measures that encourage the use of "infill" lots that are designated for higher density residential development; , The rezone of the subject property to R-3 PD Combining and the development of the proposed townhouse units is consistent with the purpose and intent of the R-3 Zoning District to provide a variety of higher density residential developments, and with the intent of the PD Combining Zone, which provides greater flexibility and design opportunities for such projects; . There is sufficient variety, creativity, and articulation in the architecture of the proposed townhouse structures to avoid monotony or any box-like external appearance and the buildings and surrounding grounds will generally be consistent with, or more attractive than, the design and scale of similar residential structures in the surrounding neighborhood; . The location, size, and intensity of the townhouse complex will not create hazardous or inconvenient impacts to existing vehicular traffic patterns since its development will not cause substantial traffic volume increases or alter existing traffic patterns in a substantial manner; . The inclusion of accessible off-street parking areas on each lot and in the common lot areas of the townhouse complex will provide sufficient on-site parking to limit the potential for hazardous or inconvenient conditions to adjacent surrounding uses, particularly since a network of shared driveways will provide access the Apple Avenue cul-de-sac terminus and street corridor; . The location, size, and intensity of the project will not create hazardous or inconvenient impacts to pedestrian traffic since its development plan includes pedestrian walkways along both sides of the improved cul-de-sac terminus for Apple Avenue, which has sidewalks along both sides; 7. Sufficient landscaped areas and open spaces have been reserved for purposes of separating or screening the proposed townhouse structures from each other and from adjoining properties; . The proposed townhouse structures will not cut out light or air on the property since the buildings would be constructed along the perimeter areas of the property and would be set back far enough from properties to the north to limit adverse shading patterns on abutting lots; 9. The proposed townhouse structures will not cause excessive damage to or destruction of natural features on the site since there are few substantial resources present; 10. The development of the townhouse planned development will cause no significant adverse environmental effects that will not be mitigated by measures designed to reduce their impact to levels of insignificance, as determined in the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project; and 11. The development of this property with townhouse structures will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district since the proposed planned development is a substantial improvement to existing conditions and will utilize attractive building and site designs that are compatible with surrounding development; 12. The relatively unique townhouse project permitted by the establishment of the Planned Development will generally be compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the project entails a lower development density than previously permitted, is semi-secluded from the surrounding neighborhood, and will be developed in a manner that is consistent with the surrounding medium to high density lands that surround it. CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Zone Change No. 05-34, shall remain in force regardless of property ownership, and implemented in order for this entitlement to remain valid: , No building permits shall be issued for any of the residential structures shown on the Precise Development Plan for the Planned Development until the Final Subdivision Map has been approved by the Ukiah City Council and signed by the Mayor of Ukiah. . All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned Development approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. , Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the City Council. , In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 5. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. . The Building Permits for the townhouse units permitted by the Precise Development Plan for the Planned Development shall be issued within two years after the effective date of the Final Subdivision Map (SUB No. 05-35) approval by the City Council, or they shall be subject to the City's permit revocation process and procedures. In the event the Building Permits cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. , The approved Precise Development Plan for the Planned Development may be revoked through the City's revocation process if the approved project related to the development plan is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. . Except as otherwise specifically noted, the Precise Development Plan for the Planned Development shall be granted only for the specific purposes stated in the action approving the development plan and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. , 10. 11. 12. 13. 14. Improvement Plans for interior walkways or curb, gutters, sidewalks, driveways and street paving along the Apple Avenue cul-de-sac and street frontage shall be prepared by a licensed civil engineer in accordance with City Standard Drawings and submitted to the Ukiah City Engineer for review. The improvements plans shall be approved by the City Engineer prior to the issuance of any ministerial permits for site preparation activities required for the construction of any residential unit on the subject property. All improvements within the right-of-way for the Apple Avenue cul-de-sac and street frontage shall be constructed in conformance with the approved improvement plans under an Encroachment Permit issued by the Public Works Department. The Encroachment Permit shall be submitted to the City Engineer with a fee equal to three percent (3%) of the cost of the improvements and must be approved prior to the issuance of a Building Permit for the project. All improvements shall be done by a properly licensed Contractor with a current City of Ukiah Business License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000) and current Workman's Compensation Certificate. Prior to any site development on the subject properties, a Civil Engineer shall design a stormwater detention system that will detain any increase in runoff generated as a result of this project. All storm water generated as a result of development activities shall be detained on- site so as to not create any additional impact on the downstream drainage system. The criteria for design shall be such that the runoff released from the site shall be equal to or less than that which is currently released from the site for any event, up to and including a 50 year event. This design must be submitted to the City Engineer for his approval prior to the issuance of any building or grading permits. The system must be installed prior to the final inspection of any building or grading permits. A letter of confirmation shall be provided to the City Engineer by the designer of the stormwater detention system that the system is consistent with the design approved by the City Engineer. This letter shall be received and verified by the City Engineer prior to any final inspections for building permits. A Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan shall be submitted to the City Engineer/Public Works Director for review and shall be approved prior to the commencement of any grading, site preparation activities, or construction of buildings and paving. A licensed civil engineer shall prepare all drainage calculations and other work done on this Plan, including the following work: a. The extent of modifications to existing drainage patterns; b. The extent of storm drainage improvements and erosion control measures for building pads, driveways, parking lot areas, and other movements of soil; and c. The extent of other development the City Engineer determines could adversely affect existing drainage patterns on the site or on abutting properties or could cause wind or water erosion. 15. The City Engineer/Public Works Director shall permit no site preparation, grading, or construction of buildings and paving on the project site without first reviewing a Final Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan. This plan shall be submitted to the City Engineer/Public Works Director for review and shall be approved prior to the commencement of the activities described above. A licensed civil engineer shall prepare all drainage calculations and other work done on this Plan, including the work described below: a. Stockpiled soil shall be protected from erosion; drainage from all disturbed and stockpiled soils shall be directed on-site to a disposal location approved by the City Engineer. 16. 17. 18. 19. 20. 21. 22. 23. b. All on-site paving shall be a minimum of 2" (inches) of asphalt concrete with a 6" (inch) aggregate base, or, alternatively, any option approved by the City Engineer. c. All activities involving site preparation, excavation, filling, grading, road construction, and building construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. d. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. e. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. f. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. g. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted and City Planning Department staff shall be notified immediately of the discovery. The applicant shall also be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance to determine whether the development of a precise mitigation program will be required prior to the continuation of any site work. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. A Final Landscaping Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of Occupancy for the building. This plan shall include, but not be limited to the following: a) A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation; b) A planting schedule for all vegetation installed on the site; and c) A maintenance schedule for existing or proposed vegetation, including a watering schedule and irrigation system design. All landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the Director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the site shall be replaced with similar vegetation approved by the Planning Director. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view consistent with the architecture of the building upon which it is located. Outdoor refuse/recycle containers shall be aesthetically screened from' view; garbage shall not be visible outside the enclosures. A recycling program that provides the opportunity for all residents of the townhouse development project to recycle shall be implemented prior to the occupancy of any of the buildings and shall remain in effect so long as the structures are occupied. This program shall be reviewed by the Planning Director and approved prior to implementation to ensure it provides efficient recycling methods consistency with Ukiah Municipal Code requirements. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Saturday unless additional hours of construction for special construction activities or projects are reviewed and approved by the Planning Director. 24. Prior to the issuance of a Building Permit, a Final Lighting Plan shall be submitted to the Director of Planning and Community Development or his/her designee for review for compliance with Ukiah Municipal Code standards for on-site lighting and with "dark sky" guidelines for reducing nighttime lighting on the site. The Final Lighting Plan shall include details regarding exterior lighting for structures, garden areas, and walkways, with lighting sources that are full cut-off, hooded, and down-cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. Additionally, all lighting shall be the minimum wattage necessary to provide adequate security, yet shall not result in excessively bright night glow. Sufficient details regarding the proposed wattage of all site lights shall be included in the Final Lighting Plan so that the Planning Staff can determine how bright the proposed site lights will be. The Director of Planning and Community Development shall have the authority to require the Final Lighting Plan to be modified (including the wattage) and/or additional information to be submitted so that the lighting meets the requirements listed above. 25. Rental and lease agreements for all of the apartments on the subject properties shall include an advisement to potential renters that a) the apartment complex is located in close proximity to the Ukiah Municipal Airport and is subject to occasional overflights of aircraft taking off or landing at the airport, and b) the number of noise-producing flights may increase in future years. The language in this advisement shall be approved by the Director of Planning prior to the issuance of a Permit of Occupancy for any of the proposed apartment buildings. 26. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. DATE: APPLICANTS: PROJECT NO.: LOCATION: CITY OF UKIAH MITIGATED NEGATIVE DECLARATION February 28, 2006 Richard Ruff & Associates for Estok Menton and Antonio Rocha Zone Change No. 05-34 and Major Subdivision No. 05-35 760 and 767 Apple Avenue, City of Ukiah, County of Mendocino (Assessor Parcel Numbers 003-050-29, 66, 85 & 86) DESCRIPTION OF ENVIRONMENTAL SETTING: The project site analyzed in this study actually consists of four parcels located at the northern terminus of Apple Avenue. These lots have a total area of approximately 1.44 acres, with the Danco/Summercreek apartment complex on the north and a mix of Iow-density and medium-density residential development on the west and south. The right-of-way for the North Coast Railroad Authority's railroad tracks runs along the eastern flank of the site. Estok and Miskal Menton own the two lots comprising the western portion of the site, which contair~s a two-story contractor's office/shop building on the southern half. The existing development also includes a large open area used for a garden and a paved access driveway to Apple Avenue. There is also a small residential cottage located on the narrow lot that makes up the eastern half of the Menton prope~'. Antonio Rocha owns the lots on the eastern portion of the site. These lands contain two single-family residences that have unpaved driveway access to Apple Avenue. The remaining areas consist of large yard areas and several mature trees. The existing property lines for the four parcels making up the project site were not originally conducive to the higher-density development pattern proposed in the site development plans proposed by the various owners. In response to this situation, the owners of the properties submitted an application for a Boundary Line Adjustment (BLA No. 04-31) to realign parcel boundaries. The Ukiah City Engineer approved this application in September of 2004. PROJECT DESCRIPTION: The proposed project consists of two separate applications that would allow the development of a planned townhouse development on lots with unique lot dimensions, yard areas, and building setbacks. Descriptions of these individual applications are included below: Zone Change No. 05-34: Menton/Rocha will rezone the 1.44 acres of land comprising the Menton and Rocha properties from the R-3 (High Density Residential) Zoning District to the R-3 PD (High Density Residential-Planned Development Combining) Zoning District. This zoning will allow the establishment of a planned development project with 24 townhouse lots and 3 common space lots with average lot areas of 2,100 square feet, lot widths of 25-53 feet, lot depths of 59-82 feet, and some yard areas and setbacks with widths of less than five feet. Major Subdivision Map No. 05-35: Menton will allow the actual division of the four parcels comprising the 1.44-acre lot into 24 townhouse lots and 3 common space lots described above. Townhouse development on the individual ownerships will probably occur at different times, but the applicants intend to construct a shared cul-de-sac and access driveway at the northern terminus of Apple Avenue prior to any on-site development to ensure full access to these lots. Mitigated Negative Declaration/Initial Study for ZC No. 05-34 and SUB 05-35 If apProved as proposed, the Zone Change and Major Subdivision proposed in this project will allow the development of a townhouse project that will replace a 32-unit apartment complex previously approved for the site by the City Council. Specifically, the Council approved a General Plan Amendment and Zone Change (GPA/ZC No. 04-32) and two Site Development Permits (SDP No. 04-30 and SDP No. 04-33) that permitted the land use designations for the properties to be changed to high density residential and the development of the four lots with 32 apartment units. ENVIRONMENTAL ANALYSIS: The City of Ukiah's Environmental Coordinator determined the proposed development project is not exempt from the provisions of the California Environmental Quality Act (CEQA). City staff then conducted a careful and comprehensive Initial Study that included the preparation of an Environmental Checklist that identifies potentially significant adverse impacts to Cultural Resources and Hydrology and Water Quality Resources. Based on this analysis, staff concluded the adoption of the mitigation measures and mitigation monitoring program recommended in the study will reduce these impacts to levels that are not significant. Staff further concluded a Mitigated Negative Declaration for the project is appropriate and listed specific Findings in support of this determinatiOn below. FINDINGS SUPPORTING A NEGATIVE DECLARATION: 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the projeCt does not have the potential 'to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. The potentially significant impacts resulting from this project would be mitigated to levels that are not considered to be significant if the recommended mitigation measures are adopted; 4. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable; and . Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project will not have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This document may be reviewed at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. irectodEnvironmental Coordinator February 28, 2006 Date Mitigated Negative Declaration/Initial Study for ZC No. 05-34 and SUB 05-35 INITIAL STUDY OF POTENTIAL ENVIRONMENTAL IMPACTS CITY OF UKIAH I. BACKGROUND INFORMATION 1. Name of Project: Zone Chanqe No. 05-34 and Maior Subdivision Map No. 05-35 2. Name of Project Proponent: Ruff & Associates, Inc. for Estok and Miskal Menton and Antonio Rocha 3. Address of Project Proponent: 120-A West Standley Street, Ukiah, CA 95482 4. Project Location: 760 and 767 Apple Avenue, Ukiah, CA 5. Assessors Parcel Number(s): 003-050-29, 66, 85 & 86 6. Date of Initial Study Preparation: February 28, 2006 7. Name of Lead Agency: City of Ukiah 8. Address and Phone Number of Lead Agency: 300 Seminary Avenue, Ukiah, CA 95482 / (707) 463-6200 9. Environmental Setting / Project Description: Description on pa.qe 2 of this Initial Study) (See the detailed Project 10. Plans, Exhibits, and other Submitted Application Materials: All the plans, exhibits, technical reports, and other submitted application materials are available for review at the City of Ukiah Planning Department- 300 Seminary Ave., Ukiah. 11.Initial Study Prepared by: Ukiah Planninq Department Staff Mitigated Negative Declaration/Initial Study for ZC No. 05-34 and SUB 05-35 DESCRIPTION OF ENVIRONMENTAL SETTING: The project site analyzed in this study actually consists of four parcels located at the northem terminus of Apple Avenue. These lots have a total area of approximately 1.44 acres, with the Danco/Summercreek apartment complex on the north and a mix of Iow-density and medium-density residential development on the west and south. The right-of-way for the North Coast Railroad Authority's railroad tracks runs along the eastern flank of the site. Estok and Miskal Menton own the two lots comprising the western portion of the site, which contains a two-stow contractor's office/shop building on the southern half. The existing development also includes a large open area used for a garden and a paved access driveway to Apple Avenue. There is also a small residential cottage located on the narrow lot that makes up the eastern half of the Menton property. Antonio Rocha owns the lots on the eastern portion of the site. These lands contain two single-family residences that have unpaved driveway access to Apple Avenue. The remaining areas consist of large yard areas and several mature trees. The existing property lines for the four parcels making up the project site were not originally conducive to the higher-density development pattern proposed in the site development plans proposed by the various owners. In response to this situation, the owners of the properties submitted an application for a Boundary Line Adjustment (BI_,& No. 04-31) to realign parcel boundaries. The Ukiah City Engineer approved this application in September of 2004. PROJECT DESCRIPTION: The proposed project consists of two separate applications that would allow the development of a planned townhouse development on lots with unique lot dimensions, yard areas, and building setbacks. Descriptions of these individual applications are included below: Zone Change No. 05-34: Menton/Rocha will rezone the 1.44 acres of land comprising the Menton and Rocha properties from the R-3 (High Density Residential) Zoning Distdct to the R-3 PD (High Density Residential-Planned Development Combining) Zoning District. This zoning will allow the establishment of a planned development project with 24 townhouse lots and 3 common space lots with average lot areas of 2,100 square feet, lot widths of 25-53 feet, lot depths of 59-82 feet, and some yard areas and setbacks with widths of zero to five feet. Major Subdivision Map No. 05-35: Menton will allow the actual division of the four parcels comprising the 1.44-acre lot into 24 townhouse lots and 3 common space lots described above. Townhouse development on the individual ownerships will probably occur at different times, but the applicants intend to construct a shared cul-de-sac and access driveway at the northern terminus of Apple Avenue prior to any on-site development to ensure full access to these lots. If approved as proposed, the Zone Change and Major Subdivision proposed in this project will allow the development of a townhouse project that will replace a 32-unit apartment complex previously approved for the site by the City Council. Specifically, the Council approved a General Plan Amendment and Zone Change (GPA/ZC No. 04-32) and two Site Development Permits (SDP No. 04- 30 and SDP No. 04-33) that permitted the land use designations for the properties to be changed to high density residential and the development of the four lots with 32 apartment units. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 SUMMARY OF FINDINGS After careful review and the preparation of an Environmental Checklist (Attachment 2), it has been determined that the proposed project could have a significant adverse impact on the environment. However, a detailed and comprehensive mitigation program has been developed that will successfully mitigate the impacts to levels of insignificance. There is substantial evidence in the administrative record that supports this determination, including the facts contained in the technical studies prepared by qualified professionals. Accordingly, it has been determined that the proposed project, as mitiqated, will not violate any of the significance criteria, and therefore a Mitiqated Negative Declaration is appropriate for the project. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 DISCUSSION AND ANALYSIS OF POTENTIAL ENVIRONMENTAL IMPACTS I. AESTHETICS A. Settin_~: The subject properties are located in a portion of the city where no distinct aesthetic characteristics prevail and there are no scenic views or vistas. The residential buildings on the Rocha-owned portion of the site are older, single-family residential style buildings that are highly consistent with the majority of the buildings to the south and with the appearance of the contractor's office/shop structure on the abutting Menton property. The more commercial design on the multi- story Menton structure was approved through several discretionary permits to allow the original building development and a minor shop expansion. The grounds for the subject properties have retained the look of the nearby residential neighborhood by including large yard areas with well- established trees and a large garden plot on the Menton site. B. Si_~nificance Criteria: Aesthetic impacts would be significant if the project resulted in obstruction of any scenic view or vista open to the public, damage to significant scenic resources within a designated State scenic highway, creation of an aestheticaiiy offensive site open to the public, substantial degradation to the existing visual character or quality of the site and its surroundings, or generation of new sources of light or glare that adversely affect day or nighttime views in the area, including any direct illumination or reflection upon adjacent property, or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the project. C. Impacts: The construction of the proposed townhouse units will not cause obstructions to any scenic view or vista or damage to a significant scenic resource since there are none present on the site. The proposed infill construction will substantially alter the appearance of the subject properties by increasing the number of buildings and using two-story construction. However, staff notes that the building designs for the proposed apartment buildings are generally more attractive than and highly compatible with those used in the Danco/Summercreek apartment complex to the north. Additionally, the proposed buildings will utilize a number of design features and building materials that are consistent with those used on the single-family residences to the south. Therefore, it is anticipated that the changes to the appearance of the subject properties will not create an aesthetically offensive site or cause substantial degradation to the visual characteristics of the neighborhood.. In fact, it is staff's opinion that the proposed building designs will provide an effective and attractive aesthetic balance between the various building types surrounding the site. Outdoor lighting associated with the project could be a nuisance to neighboring properties if allowed to shine offsite towards neighboring properties or the night sky. There is no indication that adverse lighting sources will be present as part of the development, but subsequent development of obnoxious lighting sources could cause significant adverse lighting impacts. Therefore, Planning staff included the measure below to ensure that future lighting impacts are not significant in nature. Some of the townhouses on the Rocha portion of the development site will use metal siding on the front portion of the two-story, 12-foot wide building punch-out that will house the kitchen on the ground floor and a bath and closet on the second floor. This metal siding is designed as an accent Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 feature for the building and is designed to provide architectural relief for the two-story building. Planning staff supports the use of this siding alternative as a design feature, but is concerned that it could cause adverse levels of glare from the units that face south. It is doubtful that such glare would be a regular or prolonged impact since it is dependent on the angle of the sun, the length of time that the sun shines on these wall sections, and the type of metal siding used. In this case, the applicants indicate that the siding will consist of 'Galvalume' metal panels that have a Iow-glare mat t finish. In addition, the portions of the buildings that will have these metal panels will be largely shaded by the rest of the structure, including the garage and living quarters. Based on these factors, staff anticipates that the potential glare impacts will not be significant for persons using the site, whether they are in abutting structures or walking or driving by the affected structures. D. Miti_qation Measures to Off-Set Lighting and Glare Impacts: , Prior to the issuance of a Building Permit, a Final Lighting Plan shall be submitted to the Director of Planning and Community Development or his/her designee for review for compliance with Ukiah Municipal Code standards for on-site lighting and with "dark sky" guidelines for reducing nighttime lighting on the site. The Final Lighting Plan shall include details regarding exterior lighting for structures, garden areas, and walkways, with lighting sources that are full cut-off, hooded, and down-cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. Additionally, all lighting shall be the minimum wattage necessary to provide adequate security, yet shall not result in excessively bright night glow. Sufficient details regarding the proposed wattage of all site lights shall be included in the Final Lighting Plan so that the Planning Staff can determine how bright the proposed site lights will be. The Director of Planning and Community Development shall have the authority to require the Final Lighting Plan to be modified (including the wattage) and/or additional information to be submitted so that the lighting meets the requirements listed above. E. Impact Significance After Mitiqation: Limiting site lighting away from neighboring properties and the night sky will reduce the potentially significant adverse visual quality impacts to levels of insignificance. II. AGRICULTURAL RESOURCES A. Settin_q: The City of Ukiah is a small, but urbanized area, and the subject properties are located in an area where a mix of commercial and Iow to medium density residential land uses prevail. In fact, the nearest agricultural resources are located over one-half mile away, east of Highway 101. B. Significance Criteria: A significant impact to agricultural resources would occur if implementation of the project caused a conversion of prime agricultural lands to non-agricultural uses or conflicted with lands zoned for agricultural uses or subject to the Williamson Act. C. Impacts: No impacts to agricultural resources will be caused by the project since it will not require the conversion of existing agricultural lands and is not adjacent to agricultural operations. D. Mitigation Measures: None required. E. Impact Significance After Mitiqation: N/A Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 III. AIR QUALITY A. Settin_q. Air Basin Characteristics: The concentration of a given pollutant in the atmosphere is determined by the amount of pollutant released and the atmosphere's ability to transport and dilute the pollutant. The major determinants of transport and dilution are wind, atmospheric stability, terrain, and sunshine. In Ukiah, the combined effects of moderate winds, clear skies, frequent atmospheric inversions that restrict vertical dilution, and terrain that restricts horizontal dilution, result in a relatively high potential for air pollution. The City of Ukiah is situated in the flat and narrow Ukiah Valley and the presence of the mountains on both the west and east sides of the valley tends to restrict the horizontal east-west movement of pollutants. The dominant wind direction in the Ukiah Valley is from the northwest to the southeast. Wind speeds in the central portion of the community are moderate, with wind speeds of 4 mph or less occurring over 60 percent of the time. While the potential for air pollution is high in the Ukiah Valley, measurements provided by the Mendocino County Air Quality Management District show that actual pollutant levels are relatively Iow due to the lack of upwind sources and relatively Iow levels of development in the local air basin. B. Si_~nificance Criteria: Air Quality Impacts would be significant if the project results in any conflicts with or obstructions to implementation of any applicable Air Quality Plan; violation of any air q ua!i~, standard ,,, ~, ,~,~o,,,Io~ ,..,,,,.;~,, ,,;...... to ....... ~, .... ~, ,.,,,,,,,,,,,,,,,,,o an project air q' e,.,o~,,,g or u~l,ty v,o,~vun, including a cumulatively considerable net increase of any criteria for which the region is in nonattainment as defined by Federal or State regulations; exposure to sensitive receptors to substantial pollutant concentrations; or creation of objectionable odors affecting a substantial number of people. C. Air Quality Standards: The Federal Clean Air Act Amendments of 1970 established National Ambient Air Quality Standards for six "criteria pollutants." These include photochemical ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide, particulate matter, and lead. California then adopted its own Clean Air Act in 1977, creating separate and stricter air quality standards. Each standard is measured as the duration of time for which a specific contaminant level cannot exceed. The standards are designed to protect the public from health hazards, visibility reduction, soiling, nuisance, impacts to crops, and other forms of air quality damage. D. Violation of a State Standard: If a county (or a portion of a county located within an air basin) exceeds the State standard for any of the criteria pollutants, the State Air Resources Board (ARB) can designate it as non-attainment for that substance. To evaluate the exceedance, the ARB uses standard criteria found in the State Health and Safety Code. It reviews air-sampling data to determine the nature and extent of the exceedance, and it makes a finding as to whether or not the exceedance was a highly irregular or infrequent event. If it is determined that the exceedance was an exceptional event caused by an act of nature or unusual human activity, it is deemed an exceedance and not a violation. Similarly, if the exceedance is an extreme concentration event (unusual meteorology) or an unusual concentration event (an anomalous exceedance which does not qualify as an exceptional event or extreme concentration event), it is not regarded as a violation, and the designation for the area does not change. The ARB will designate an area as attainment for a pollutant if the data shows that the State standard for that pollutant was not violated during the previous three (3) years. Again, exceedances affected by highly irregular or infrequent events are not considered violations and, therefore, are not considered in the area designation process. As a result, an area may have measured concentrations that exceed a State standard and still be'designated as attainment. Mitigated Negative Declaration for (5 GPA/ZC No. 04-32; SDP 04~30; & SDP 04-33 A District that becomes designated as nonattainment for ozone, carbon monoxide, nitrogen dioxide, or sulfur dioxide is required to develop a plan for attaining the State Standard for that particular pollutant. The plan must be submitted to the State Air Resources Board (ARB) for review and approval. The ARB has indicated that an attainment plan, particularly one for multiple pollutants can be very expensive (M. Nystrom, ARB, personal communication, 1997). Another possible consequence of a nonattainment designation is the ability to levy fees under certain conditions. Nonattainment Districts are authorized to levy a fee of up to $4.00 on motor vehicles registered in the District for the purposes of California Clean Air Act implementation. £. F_.xistinc~ Air Quality in Ukiah: The Mendocino County Air Quality Management District (MCAQMD) operates a monitoring site in Ukiah measuring concentrations of PM-10. Prior to August of 1988 the District also monitored several gaseous pollutants in Ukiah. In August of 1992, the District again established a multi-pollutant monitoring site in Ukiah for gaseous pollutants, which measures ozone, carbon monoxide, nitrogen dioxide and sulfur dioxide. Air quality in Ukiah meets all Federal and State air quality standards with the exception of the State 24-hour PM-10 standard. This standard was exceeded on 3 days in 1990, 2 days in 1991,0 days in 1992, 2 days in 1993, and 1 day in 1994. No exceedances have occurred since 1994. Sources of PM-10 include field burning, dust from unpaved roads and grading operations, combustion, and automobiles. 54 of the 58 counties in California are designated non-attainment for PM-10, which means that most of the California air basins exceed the permitted 24-hour concentration. The ARB does not require an Attainment Plan for jurisdictions that violate the PM-10 standard. Ozone is one of the most serious pollutants affecting the State, and 30 of the 58 counties are designated non-attainment. While Mendocino County is attainment for ozone, the Ukiah (East Gobbi Street) sampling station has shown a steady increase in the annual hours of ozone levels exceeding the 40, 50, and 60 parts per billion thresholds since 1993. Additionally, the 80 ppb (State standard - 90 ppb) threshold has been exceeded twice over the past4 years. However, based upon 1993-1995 data, the ARB has assigned Ukiah an "Expected Peak Day Concentration" (EPDC) level of 74 ppb, which means that any values above 70 ppb would be excluded from the designation process as extreme concentrations (Marcella Nystrom, ARB, personal communication, 4/24/97). Regardless of the attainment designation and the EPDC status, ozone remains as the pollutant of primary concern to the Mendocino County Air Quality Management District. The major sources of ozone precursors are combustion sources such as, factories, automobiles, and evaporation of solvents and fuels. Other State criteria pollutants measured in Mendocino County have routinely had maximum concentrations well below the applicable Federal or State standards. The only other pollutant of significant concern is Carbon Monoxide (CO). The local threshold for point source production of CO is 550 pounds per day. Carbon Monoxide (CO) is an odorless, colorless gas whose primary source is automobiles. Concentrations of CO measured in Mendocino County have never exceeded State or Federal standards, and current maxitri~m concentrations measured in Ukiah are well below the applicable standards. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 F. Project Characteristics in Relation to Air Quality: The proposed development of townhouses and access roadways and driveways on the subject properties is expected to generate typical short- term air quality impacts (PM-10/dust) as a result of site preparation and grading activities during the construction phases. In addition, some vehicle emissions will be produced fromheavy equipment, and ultimately from vehicles associated with the future residential use of the proposed parcel. G. Short-term Construction Related Air Quality Impacts: Construction activities create a wide range of emissions, ranging from exhaust from heavy equipment to the air-bound organic gases from solvents, insulating materials, caulking materials, and "wet" pavement. However, while these emissions may contribute to the accumulation of substances that undergo the photochemical reaction that creates urban ozone, they are not regarded as significant short-term impacts. Dust generated by equipment and vehicles used in construction of the building pads, driveways, and the cul-de-sac entrance would cause the most substantial short-term construction-related air quality impacts. Fugitive dust is emitted both during site preparation, grading, and construction activity and as a result of wind erosion over exposed earth surfaces. Construction dust impacts are extremely variable, being dependent upon wind speed, soil type, soil moisture, the type of construction activity and acreage affected by the construction activity. The highest potential for construction dust impacts typically occur during the late spring and summer, and early fall months when soils are dry. These small particulates are respirab!e particulates that can increase the risk of chronic respiratoq/ disease, and can alter lung function in children and the elderly when distributed in large enough concentrations. It can also rise into the lower troposphere and contribute to ozone production. Based on the project plans submitted for this proposed planned development project, it is estimated that less than one and a half acres of earth will be exposed during the most intense site preparation activities for building pads, driveways, and landscaping. This is not considered a substantially large area, but the site preparation activities required for this project could cause potentially significant levels of dust (PM-10) if exposed soils are left unattended. Therefore, staff recommends that the dust control measures listed below be required to mitigate potential impacts. H. Mitigation Measures for Dust (PM10) Control: , All activities involving site preparation, excavation, filling, grading, road construction, and building construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 3. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. , All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 5. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. 6. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 I. Impact Significance After Mitiqation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will not cause or substantially contribute to an existing or projected violation of State PM-10 standards. IV. BIOLOGICAL RESOURCES - PLANT AND ANIMAL LIFE A. Settinq: The subject properties are located in an older, urbanized area of the city and have been developed with a variety of different land uses. Due to these use patterns, the only substantial natural resources consist of one older mature tree located on the eastern boundary of the Rocha property and several Pine and Fir trees planted on the Menton property during the development of the existing contractor's office/shop complex. B. Siqnificance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: Substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service or any species protected under provisions of the Migratory Bird treaty Act (e.g.burrowing owls); ~..~ ~ ~,,,,.~ ~.r..~, i ,.ir.~s C~,JI I II I lUl II LI~:;~ IU~::;I ILl I I~:~U ,6, ,u~,a,,, ~,u,,u, plans, policies, or regulations or by the agencies listed above; · Substantial effect (e.g., fill, removal, hydrologic interruption) upon Federally protected wetlands under Section 404 of the Clean Water Act; Substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; or · Conflict with any local policies/ordinances that protect biological resources (e.g., tree preservation policy or ordinance); C. Impacts: 1. Plant Life: The mature trees on the Rocha property will be removed to accommodate the townhouse development proposed on these lands, but the majority of the 8 Redwood trees on the western boundary of the Menton property will be retained and incorporated into the landscape plan for the site. Planning staff intends to require replacement trees are planted for the mature trees, but staff notes that none of the trees that will be removed are included on any listing for endangered, threatened or sensitive plant species and there is no local ordinance designed to require their protection or preservation. Therefore, staff does not consider the tree removal to be a significant adverse effect to plant life and no specific mitigation measures for tree preservation or protection are proposed. 2. Mammals: The construction of the proposed townhouses in this urbanized area will not hinder the movement of animals, nor significantly intrude on their habitat since little habitat exists. Therefore, it is staff's conclusion that the proposed project would not have a significant impact on the local deer population or other mammals utilizing the subject property. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 3. Birds: The removal of several existing trees for the development of townhouses will cause minor impacts to bird habitat in the area. However, these trees support no known populations of any rare or threatened bird species and no substantial impacts to bird life are expected. D. Miti_qation Measure: None required. E. Impact Si.qnificance After Mitiqation: N/A. V. CULTURAL RESOURCES A. SettinG: The City of Ukiah is rich in historical resources, which includes an eclectic assortment of historic homes and properties. Cultural resources are similarly abundant, and the City has provided for the preservation and enhancement of its cultural heritage. B. Siqnificance Criteria: A significant impact to historic and cultural resources would occur if implementation of the project would: · Cause a substantial change in the significance of a historical or cultural resource; Result in the removal or substantial exterior alteration of a building or structure or district that may be eligible for listing in the National Register or California Register; · Result in the removal or substantial exterior alteration of a building or structure so that it results in the loss of a designated county landmark in the City of Ukiah; or · Result in the destruction of a unique paleontological resource, site, or unique geological feature, or disturb any human remains. C. Impacts: The residential buildings located on the Rocha property are older than 50 years, but are not listed in any local or other resources for architectural or historic values that require preservation. In fact, demolition permits for the removal of these structures were recently approved by the Ukiah City Council, which found that the buildings do not have any significant architectural or historical values that required their preservation. Additionally, Figure V.3-DD of the Historic and Archaeological Resources Element contained in the General Plan indicates that the subject property is not .situated within an area of high cultural resource sensitivity. These areas are generally located along streams, springs, and mid-slope benches above watercourses. Accordingly, it is concluded that the likelihood of a prehistoric site being located on the subject property is remote, and that the probability of site preparation and construction activities disturbing and significantly impacting any prehistoric cultural resources is very Iow. However, to ensure that potential resources are not significantly impacted, a standard mitigation measure is recommended that would halt construction in the event of a discovery, and require the applicants to hire a qualified archaeologist to evaluate the resources and develop mitigation measures as appropriate. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 l0 D. Mitigation Measures . If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and City Planning Department staff shall be notified immediately of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and, if deemed necessary, to develop a precise mitigation program prior to the continuation of any site work. E. Impact Si.qnificance After Mitiqation: This mitigation ensures that cultural resources will not be adversely affected and that potential impacts are reduced to levels that are not significant. VI. GEOLOGY AND SOILS: A. Settinq: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. According to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. According to the Soil Survey of Mendocino County, Eastern Part, and Trinity County Southwestern Part, published by the U.S. Soil r, .... ,.A ,, ,~ ,.,,.,, ,o~r'vadun Service, '~'- subject property is underlain by an "urban mix" that includes native soils mixed with non-native fill materials. Currently, the soils on the subject properties are partially covered with asphalt and building foundations, with remaining areas containing grasses and other vegetation. B. Significance Criteria: A significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to property and/or human life, or hazards such as earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation instability, soil erosion, soil instability, or other geologic problems that cannot be mitigated through the use of standard engineering design and seismic safety design techniques. C. Impacts: The subject properties are not situated on or near an Alquist-Priolo fault zone and have no known slope and/or foundation instability, soil instability, or other geologic hazards. In fact, it is staff's opinion that the primary impacts to soils on the Site will result from minor grading and site preparation and the eventual covering over of open lands by paving and building foundations. Such manmade structures currently cover roughly 65 percent of the existing developed areas, but the site plan for the project shows that impervious soil coverings on the developed portions of the site will be minimized through the use of large and distinct areas for landscaping and open common spaces on each of the development areas. It is possible that soil erosion and/or loss of topsoil could increase on the site if soils are left exposed to winds or storm waters for any substantial period of time during the construction of townhouses, access lanes, or the cul-de~sac. Such impacts would generally be short-term in nature, but they could be significant if normal grading and site preparation techniques are not utilized during the development phase of the project. In this case, however, the soil protection measures included as Mitigation Measures 2-6 in the Air Quality discussion, above, and as Mitigation Measures 8-9 in the Hydrology and Water Quality discussion below will sufficiently reduce soil impacts to less than significant levels. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 D. Mitigation Measures = See Mitigation Measures in the Air Quality and Hydrology and Water Quality sections of this study. E. Impact Si.qnificance After Mitiqation: It is anticipated thatthe measures referenced above will reduce potential short-term adverse effects to site soils to less than significant levels. VII. HAZARDS AND HAZARDOUS MATERIALS: A. Settin_q: Ukiah is generally regarded as a healthy Citywith relatively clean airand water. While there are sortie known toxic "spots" resulting from the past storage of hazardous materials underground, the City is not regarded as having a highly contaminated environment. Based on field review, and the review of contaminated site listings maintained by the City, it has been determined that the project site is in a clean and healthy state and not contaminated with toxic or hazardous materials that would present a significant health hazard for occupants or other persons on the site. The project site is located approximately 0.6 mile north of the runway for the Ukiah Municipal Airport. This location places the property within an area designated for both the B1 and B2 Compatibility Zones (Extended Approach-Departure Zone), where persons are subject to substantial risk and noise from aircraft commonly flying at or below 400-800 feet above ground level. ~,. Si_qnificance Criteria: A significant impact to the environment and the public associated with hazards and hazardous materials would result from a project if any of the following occurred: · Creation of a significant hazard to the public or environment by routine transport, use or disposal of hazardous materials or from foreseeable upset and accident conditions; · Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school; · Location of a project on a listed hazardous materials site compiled pursuant to Government Code Section 65962.5; or · Impairment/interference with adopted emergency response plan or emergency evacuation plan; C. Impacts: The project does not involve the transport, use, or disposal of hazardous materials, and would not meet any of the criteria listed above. Staff is, therefore, able to conclude that the proposed project would not have a significant adverse impact associated with hazardous materials exposure to the environment and the public. Given the distance from the airport runway's north end, staff considers it unlikely that aircraft would actually operate below 400 above ground level, and determined that most aircraft typically operate between 400 and 800 feet above ground level when flying over the subject properties. Planning staff confirmed this operational pattern through contact with Mr. Paul Richey, the CityAirport Manager, who has observed aircraft operations in this area from both the air and on the ground. Mr. Richey indicated that aircraft ascending from the north end of the runway will usually be substantially higher than 400 feet above ground level by the time it flies over the subject property, and that aircraft flying into the airport from the north will usually be at least 400 feet above ground level at the time it flies over the property. He also noted that aircraft are generally required to use the southern end of the runway when weather conditions permit such use. Based on this information, it is the opinion of staff that the Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 expanded residential development proposed for the subject property will not expose persons to significant dsk from aircraft flying over the site and will not impair or interfere with the operations of the airport. Planning staff does intend to add a Condition of Approval that apartment leases include information regarding aircraft operations, but this action will not be required as a mitigation measure since it addresses a nuisance impact and not an environmental effect. D. Mitigation Measures: None required. E. Impact Significance After Mitiqation: N/A. VIII. HYDROLOGY AND WATER QUALITY: A. Setting: Three major creeks flow through the City on theirway to the Russian River, with some of the adjacent areas identified by the Federal Emergency Management Agency (FEMA) as being potentially subject to flooding events. In this case, the subject propel'ties are not subject to large- scale or short-term flooding/and storm waters on the majority of the site drain to the east through a storm drain that extends along the northern property line, with other waters draining onto the property to the east. Domestic water quality, as well as the quality of creek waters in the City is rated as very good, and the project site is served by existing water supply m-in- ~,c*~,=a i,, the Apple Water for fire protection is also available from an existing hydrant located in the Apple Avenue right- of-way adjacent to the subject property's northwest corner. B. Significance Criteria: Significant impacts associated with hydrology and water quality would result from a project if water quality standards or waste discharge requirements were violated; groundwater and surface water quality and quantity were substantially altered; drainage patterns were substantially altered that would increase erosion/siltation and increase surface runoff; increase runoff that would exceed capacity of existing or planned drainage systems or add a substantial source of pollution; located on a 100-year floodplain; or expose people to hydrological hazards such as flooding or inundation by seiche, tsunami, or mudflow. C. Impacts: Storm Drainage and Flood Hazards: The Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency reveal that the subject property is situated in Flood Zone "C", which is outside the 100-year floodplain. However, staff from the Public Works/Engineering Department expressed concern during the processing of the Site Development Permits for the previously approved apartment complex that potential storm drainage problems could be caused by site preparation and development activities on the Menton and Rocha properties and the 2.25-acre contiguous property (O'Bergin) to the west, where similar multiple-family development is being proposed. Based on these concerns, staff required the preparation of a hydrology/drainage study to verify that the existing storm drainage system in the area would accommodate increased drainage levels from the all three ownerships or provide measures to address any storm drainage impacts caused by the projects. In response, the applicants contracted with Rick Van Bruggen, a registered professional engineer with Water Resources Consulting Services, for a report that covers the hydrology for the 3.8-acre study area comprised of the O'Bergin, Menton, and Rocha properties. This report was submitted to the City Engineer in August of 2004. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 The hydrology study shows that the majority of storm water drainage from the existing developments on the subject properties drains through a 15-inch CMP storm drain that runs along the north edges of the properties before discharging at the right-of-way for the North Coast Railroad Authority (NCRA) railroad tracks. Storm waters collected at this site then flow north into a CMP arch that runs east under the railroad tracks and into the storm water collection system for Mendocino and Doolin Creeks, which then carries the waters to the Russian River. The consultants responsible for the study divided the three project sites into distinct sub-areas and used computer modeling to determine existing and future storm drainage levels during 10-year and 100-year storm events for each of the sub-areas. In the case of the Menton and Rocha properties, the study indicates that storm drainage volumes would increase by approximately 20 percent during 10-year storm events and approximately 11 percent during 100-year storm events. The study also recommended that an on-site water detention system be required to ensure that surface drainage volumes match pre-development storm drainage outflows, and this recommendation was crafted into the mitigation measures adopted for the previous project. In reviewing this new submittal to allow 24 townhouses instead of the 32 apartment units previously approved for the site, the City Engineer required that the applicants either prepare a new hydrological study or confirm through a registered civil engineer that the analysis and recommendations of this study would apply to the townhouse project. In response, the applicants contracted with Mr. Van Bruggen, the author of the original study to review the project site plans for the proposed townhouse planned development. Upon completing this review, Mr. Van Bruggen responded with a letter that confirms his original hydrologic calculations were determined after assuming an impervious cover would be applied over 85 percent of the site. Since the actual site coverage of this project is less than 80 percent of the site area, Mr. Van Bruggen concludes that all of the previously calculated hydrologic results still apply to the townhouse development project. The City Engineer reviewed the revised hydrological study conclusions and concurs with the hydrologic engineer's conclusions. Based on this determination, stormwater drainage mitigation measures similar to those adopted for the previous project have been carried over to this project. These measures, which are included as Mitigation Measures 8-10 below, require that a stormwater detention system designed by a civil engineer is developed to detain all surface drainage resulting from townhouse development activities on the subject properties. They also require the preparation of a grading and drainage plan by a civil engineer, with an erosion control component made part of the plan. Water Quality Standards: Domestic water is available for the proposed project through the public City water system that runs under Apple Avenue and staff of the Water and Sewer Department indicated all of the proposed apartments could be served with only minor extensions of the existing water system. Accordingly, it is not anticipated that the proposed project would cause a violation of any water quality standard, or have an adverse impact on the domestic water quality of future owners of the proposed parcels or the property owners below the site. Groundwater Supply and Recharge: Since most of the runoff water from the subject properties presently drains to the public storm sewer system described above, it is not anticipated the development of the proposed townhouses would have a significant adverse impact on groundwater supplies or the ability for the underlying water table to recharge. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 Wastewater: The proposed townhouse will be connected to the City-maintained sewer main that runs beneath the Apple Avenue right-of-way. While the City's overall sewer system is nearing capacity, Public Utilities staff anticipates that a sufficient number of hookups to the system will be available to serve the proposed residential units and that the development of the proposed apartment complexes will not require extensive modifications to the existing sewer systems of the development of new sewer system resources. D. Mitigation Measures for Storm Draina.qe Detention and the Control of Erosion . Prior to any site development on the subject properties, a Civil Engineer shall design a stormwater detention system that will detain any increase in runoff generated as a result of this project. All storm water generated as a result of development activities shall be detained on-site so as to not create any additional impact on the downstream drainage system. The criteria for design shall be such that the runoff released from the site shall be equal to or less than that which is currently released from the site for any event, up to and including a 50 year event. This design must be submitted to the City Engineer for his approval prior to the issuance of any building or grading permits. The system must be installed prior to the final inspection of any building or grading permits. , A letter of confirmation shall be provided to the City Engineer by the designer of the stormwater detention system that the system is consistent with the design approved by the City Engineer. This letter shall be received and verified by the City Engineer prior to any final inspections for building permits. 10. A Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan shall be submitted to the City Engineer/Public Works Director for review and shall be approved prior to the commencement of any grading, site preparation activities, or construction of buildings and paving. A licensed civil engineer shall prepare all drainage calculations and other work done on this Plan. E. Impact Significance After Mitiqation: Based on standard engineering practices, it is concluded that the development of a storm drainage detention system and a comprehensive Erosion Control Plan found acceptable by the City Engineer will successfully reduce all potential erosion related impacts to levels of insignificance. IX. LAND USE AND PLANNING' A. Setting: The City of Ukiah is a compact urban environment, and functions as the County seat for Mendocino County. Commercial, residential, and industrial land uses are planned for specific areas, as set forth in the 1995 Ukiah General Plan, with allowed and permitted land uses defined through distinct zoning districts that are outlined in the Ukiah Municipal Code. In this case, the subject properties were recently reclassified to HDR (High Density Residential) land use designation for both the General Plan and zoning categories. B. Significance Criteria: Significant land use impacts would occur if the projects substantially conflict with established uses, disrupt or divide an established community, or result in a substantial alteration to present or planned land uses. Proposed project consistency with the Ukiah General Plan and zoning and any other applicable environmental plans and policies is also evaluated in making a determination about potential land use impacts. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 15 C. Impacts: Should the subject properties eventually be develOped as shown, there will be 24 townhouse units on the 1.44-acre site. The resulting densities will be approximately 11 units per acre for the combined properties. Specific potential impacts are discussed below. General Plan Compatibility: The Ukiah General Plan designates the subject area for HDR land uses, and multiple-family residential developments are included as acceptable uses for both these designations. In this case, the proposed residential density of 17 units per acre is closer to the 14 units per acre permitted for medium density residential (MDR) land uses and is substantially less than the 28 units per acre permitted for the HDR land use designation that actually applies to the properties. Therefore, it is the opinion of staff that the proposed townhouse units will be highly consistent with applicable General Plan requirements should the Ukiah City Council approve the proposed land use amendments. Zoning District Compatibility: The proposed townhouse units will also be consistent with the unit density for the R-3 Zoning.District, but the unique parcel sizes and other development standards proposed in the project may only be permitted with the approval of a planned development combining zone designation by the City Council. Each planned development is fairly unique in terms of site development standards, but staff notes that the proposed lot dimensions and development standards are generally consistent with those allowed for recently approved planned developments that allowed condominiums on a lot to the north and single-family residences on a lot in the northwest portion of the City. Based on these projects, it is the opinion of staff that the proposed townhouses are not incompatible with the Ukiah Municipal Code use and development standards. Compatibility with Airport Plans: As noted earlier in this study, the subject properties are located approximately 0.6 mile north of the runway for the Ukiah Municipal Airport and are subject to the compatibility criteria for both the B1 and B2 Compatibility Zones (Extended Approach-Departure Zone), as outlined in the Current Compatibility Criteria (Table 7A) of the Mendocino CountyALUC and Ukiah Municipal Airport Master Plan). Multiple-family residential projects such as the proposed townhouse are "not normally acceptable" in these compatibility zones, but in this case, the site area is less than two acres and the less intense B2 compatibility zoning is applied. This application, in turn, makes developments on the properties subject to the Infill policy (Policy 2.1.6) of the County and City airport plans. In this case, the proposed apartment complexes will be consistent with this policy since the densities proposed do not exceed the required thresholds of 28 dwelling units or 60 persons per acre, the development maintains 30 percent open space, and routinely occupied potions of structures will not exceed two stories in height. Neighborhood Compatibility: As noted earlier in this analysis, the existing development on the subject properties is a mix of commercial and Iow-density land uses. The proposed townhouse development will alter the existing land uses substantially, but it will provide a more compatible land use pattern over the entire site. It will also provide a more efficient transition between the higher- density and lower-density land uses found on abutting properties to the north and south, respectively. Therefore, no adverse conflicts with the established uses on the site and no disruptions or divisions to the surrounding land uses are anticipated. The proposed infill development will also cause incremental increases to existing traffic levels and the ambient noise of the neighborhood, but there is nothing in the design of the project that is expected to cause these adverse impacts to be significant. D. Miff_clarion Measure: None required. E. Impact SiRnificance After Mitiqation: N/A Mitigated Negative Declaration for GPAJZC No. 04-32; SDP 04-30; & SDP 04-33 I. NATURAL/MINERAL RESOURCES: A. Settin.q: The subject properties contain soils that have been altered substantially byfills of non- native soils and inorganic materials, and 'are not recognized for any substantial valuable natural resources. Construction materials derived from natural resources off-site will be used to develop the proposed project. B. Significance Criteria: Impacts to natural resources would be substantial if the proposed development projects resulted in the loss of significant or locally important materials such as minerals, gravel, sand or wood. C. Impacts: The proposed townhouse development project will use sand, gravel, rock, wood, concrete, and other naturally occurring building materials that are readily available in the Ukiah Valley, so there will be no extraction of such materials from the project site. Furthermore, it is not anticipated the proposed townhouses would require excessive amounts of these materials or cause a direct increase in mining activities, norwould it disrupt any substantial natural habitat or migration corridors. Accordingly, it is concluded that the proposed project would not have a significant adverse impact on natural resources. D. Mitigation Measures: None required. Xl. NOISE: A. Setting: The subject properties are located in a densely developed area of the urban landscape that has the typical background noise sources expected in an urban environment, including automobile and truck traffic, collections of human voices, street working crews and heavy equipment, etc. The site is also subject to aircraft noise from aircraft flying over the site, as discussed in Section VII (Hazards and Hazardous Materials) and Section IX (Land Use) of this study. B. Significance Criteria: A project will typically have a significant noise impact if it exposes people to or generates noise levels in excess of standards established in the local General Plan or Noise Ordinance; causes a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project; or causes a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project. C. Impacts: The Ukiah General Plan identifies the significant noise sources in the City as transportation noise coming from major roadways, railroad operations, industrial plants, and airports. The focus of the Noise Element in the General Plan is to protect the noise-sensitive land uses from transportation, industrial, railroad, and airport noise through the establishment of noise contours around these noise sources in the community, where typical noise can exceed the defined threshold of 60 dB (decibels). The location of the proposed townhouses in the northern approach/departure area for the Ukiah Municipal Airport will expose persons to noise from aircraft flying over the site. The maximum noise levels projected for this area in the Airport Master Plan would be 55-60 CNEL on an average day and 60-65 CNEL on a busy day, but this noise level is not considered to be hazardous to humans and is too short-lived to violate the equivalent decibel standards listed in the City's Noise Ordinance. Mitigated Negative Declaration for 3.? GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 Furthermore, the typical aircraft-related noise impacts in this area are'expected to decline to less than 55 CNEL by the year 2015 as the result of improvements to airport facilities and the aircraft using them. Therefore, while the aircraft noise will be a nuisance for future occupants, it will not cause any significant adverse effects or hazards and will require no mitigation. The subject properties are also located within 300 feet of the railroad tracks for the Northwest Pacific Railroad (NCRA), but no immediate noise impacts from trains are expected since no trains currently use the these tracks due to funding and maintenance constraints. Nuisance-level noise impacts from rail traffic could be caused if NCRA secures sufficient funding to start trains running again, but no substantial noise effects from train operations are anticipated since such noise occurrences are typically infrequent, short-lived, and too Iow in volume to cause noise-induced hazards to humans. In addition, only one of the proposed structures would be directly affected by rail traffic noise, while the majority of the townhouse structures will be at least partially buffered by existing structures located on the parcel between the site and the tracks. The City Noise Ordinance limits the maximum level of noise that can emanate from residential units to 40 decibels during the hours of 10:00 p.m. to 7:00 a.m.; 50 decibels from 7:00 a.m. to 7:00 p.m.; and 45 decibels from 7:00 p.m. to 10:00 p.m. There is no evidence that the construction of the proposed townhouse structures will cause these noise levels to be exceeded regularly or significantly, and no specific mitigation measures will be required. Short-term noise impacts from machinery, and general construction activities will occur during the actual construction of the proposed townhouse units, but these impacts are not expected to reach hazardous levels since the Noise Ordinance prohibits work before 7:00 a.m., as described above. Therefore, no mitigation measures related to such noise generators will be required. D. Mitigation Measure: N/A E. Impact Significance After Mitiqation: N/A VII. POPULATION AND HOUSING: A. Setting: The 2000 census indicates that the population of Ukiah .is 15,597 persons, with a relatively slow and stable growth rate that appears to be increasing slightly in recent years. However, despite this increase, the existing population levels are still noticeably lower than the General Plan projection of 18,944 persons by the year 2005. B. Significance Criteria: Population and housing impacts would be significant if the project induced substantial direct or indirect (e.g., road extensions) population growth in an area and displaced substantial numbers of existing houses and/or substantial numbers of people, thus requiring replacement housing elsewhere. C. Impacts: The proposed townhouse development project would provide substantial increases in Ukiah Valley housing, and therefore would not have an adverse impact on housing. D. Mitigation Measures: None required. E. Impact Si.qnificance After Mitiqation: N/A Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 18 XlII. PUBLIC SERVICES: A. Setting: The City of Ukiah is a small, but urbanized, area with a full complement of public services that include police and fire services, public schools, public works and utilities, and emergency services. B. Si_qnificance Criteria: Impacts to public services would be significant if the townhouse development results in adverse physical impacts upon capacity that would require the construction of new public facilities or substantial alteration to existing governmental facilities to maintain acceptable service levels or performance levels. C. Impacts: Staff discussed the proposed project with the City Police, Parks, Utilities, and Fire Departments, as well as with the Ukiah Unified School District. City Police Department: Discussions with the City Police Department reveal that the proposed project will not result in the need for additional police officers, and will not have a substantial affect on their ability to serve the future residents of the expanded apartment complexes. City Community Services Department: Discussions with the City Community Services Department reveal that the proposed project will not result in the need for additional staff or park facilities, and will not have a substantial affect on their ability to maintain the current City-owned park facilities. City Utilities Department: Discussions with the City Utilities Department reveal that the proposed project will not result in the need for new or expanded electrical generation sources, nor will it cause the need for additional staff to maintain the current City-owned electric service facilities. The amount of electricity needed by the new townhouse units is not substantial, and is available from current generation capacity. The City's sewage treatment plant is reaching capacity, but Utilities Department staff has indicated that it anticipates hookups will be available for all of the additional townhouse units at the time of construction. City Fire Department: The City Fire Marshal indicated that in-house sprinklers will be required and additional hydrants will probably be required to provide optimum fire protection of the townhouses. However, these standard measures will be implemented at the building stage of the project and will have no adverse impacts on the Fire Department's ability to provide adequate fire protection to the buildings, and therefore, no mitigation is required. Ukiah Unified School District: Previous discussions with the Ukiah Unified School District reveal that it has the basic capacity to house and educate the minimal number of potential students generated by the proposed townhouse development. The applicants will be required to pay the adopted school district developer mitigation fee that is intended to offset the cumulative impact contribution to the district from all development projects. D. Mitiqation Measures: None required. E. Impact SiRnificance After Mitiqation: N/A Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 3.9 XlV. TRANSPORTATION/TRAFFIC/CIRCULATION: A. Setting: Ukiah is a rural city that is not experiencing significant population growth. However, as the government and commercial center for Mendocino County, the City has been growing in terms of commercial development. This has increased traffic and its corresponding delays at intersections, particularly during the a.m. and p.m. peak hours. While traffic impacts are somewhat subjective in nature, recent traffic studies show that the delays at some key intersections have substantially increased in the past several years. B. Significance Criteria: According to the Ukiah General Plan Circulation Element, the minimum acceptable level of service (LOS)is LOS "D." Other criteria include whether the project would have substantial effects upon air traffic patterns; whether the project would increase traffic hazards due to design features; whether the project has inadequate emergency access; whether the project has inadequate parking capacity; and whether the project would create conflicts with adopted policies, programs and plans for alternative transportation. C. Impacts: City Public Works staff utilized standard traffic generation calculations for regular apartment uses and determined the 24 units proposed for the different projects would cause approximately 110 additional daily trips per day from the site. This represents nearly a 65 percent increase in the estimated daily traffic levels for Apple Avenue, but is not considered to be a significant adverse impact since this street was constructed with sufficient size to handle even larger ~.,_~:.,,. I~,.,1~ I~ ~,..,I :4.:,-,,.., LII~ I,..JLJLC;IILIC:~I ,.~,.4 ..... J,.,-,-..~-I:;~., ,..,~--.¢,.~,.~*1.,..,. ,-,1^~,,,~ A,,.,,,,.~I~, A,,,,J,r~,,~, ,,,;11be ~:"~"'" LIC:IIIIL., IL.,/C:IL.JO. III C::IL..JdlLIL.Jil, 4.1,.,,.,. ,,.,,..,4.,.,..,,.,..(.;,,.., C:IL.a~t::;IOC; LIC:I, IIIT., ~::;IIT::;:%.,,LO C::iI~,,~I I~:::~ /--~l,.../~,..~l~;;; ,'-~v~:;;I Ik.a~;;;: VVlll JUl tll~:;;;I limited by the development of a shared cul-de-sac entrance on the Menton and Rocha properties, which will be dedicated to the City as a public terminus for this City-maintained street. Traffic from the Site will also cause increases in the State Street traffic, which has an average 'daily traffic volume (ADT) of approximately 20,000 vehicles. This increase, however, is less than a one- half percent (0.5%) percent increase, and is not considered a significant impact since staff from the City Department of Public Works reveal that in their best professional judgement, State Street is currently operating at a Level of Service C, or better, during a.m. and p.m. peak hours. Furthermore, Public Works staff indicated that the projected traffic increase of 110 trips per day would not erode the Level of Service to a level D or worse. Moreover, the estimated a.m. and p.m. peak hour vehicle trips would not erode the level of service for the State Street/Gobbi Street intersection or any other intersection to a level deemed unacceptable by the City General Plan. Accordingly, it is concluded the proposed project would not have significant adverse impacts on traffic and circulation patterns. D. Mitigation Measures: None required. E. Impact Significance After Mitiqation' N/A XV. UTILITIES AND SERVICE SYSTEMS A. Settin_q' Energy resources are readily available to the citizens of Ukiah. These include electricity, natural gas, propane, and alternative sources such as solar, wind, and hydroelectric. B. Significance Criteria: A project typically has a significant impact if it causes the use of fuel or energy in a wasteful manner or encourages activities that use large amounts of fuel or energy. Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 2O C. Impacts: Fuels and energy will be consumed during the construction of the proposed townhouses, but the precise amounts cannot be determined because the length of time certain heavy equipment is used is unknown.~ However, based on the sizes of the proposed apartment complexes, there is no evidence that the fuels and energy consumed during construction activities or the future use of the newly constructed apartments will be significant. Moreover, it would be unreasonable to speculate that the construction crews and future residents will waste energy or fuels, and accordingly, staff is able to conclude that the proposed projects will not have significant adverse impacts on energy resources. D. Mitigation Measures: None required. E. Impact Significance After Mitiqation: N/A XVl. MITIGATION MONITORING AND REPORTING: AB 3180 requires all public agencies to adopt a monitoring and reporting program whenever they adopt an EIR or "Mitigated Negative Declaration." The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration require the applicants to incorporate or comply with the important Mitigation Measures listed in Table 1, below. Table 1: MITIGATION MEASURE MONITORING PROGRAM MITIGATION MONITORING HOW AND WHEN VERIFICATION FUNDING MEASURES RESPONSIBILITY RESPONSIBILITY Aesthetics Applicants with Staff Inclusion of a lighting Planning Dept. Applicants oversight and plan prior to the staff Approval submittal of a Building Permit Air Quality Applicants and During all phases of Planning and Applicants Grading/site construction Public Works preparation departments staff contractors Historical and Applicants with Staff During all site Planning Applicants in the Cultural oversight preparation and Department staff event of a discovery Resources construction phases Hydrology and Prior to the approval Public Works Applicants Water Quality Applicants and of permits for site Department staff Grading/site preparation and preparation construction phases contractors of project Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 XVII. MANDATORY FINDINGS OF SIGNIFICANCE: A. Potential to Degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant oranimal species, or eliminate 'important examples of the major periods of California history or prehistory? YES NO X B. Short Term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one that occurs in a relatively brief, definitive period. Long-term impacts will endure well into the future). YES NO X C. Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant). YES NO X D. Substantially Adverse: Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? YES NO X XVlll. DETERMINATION: On the basis of this Initial Study: I find that the proposed prOject COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~Tli~l~n.q Directo r/Eh vi ronmen tal Coo rd in ator X I find that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because the mitigation measures described within the Initial Study will be incorporated into the design of the project or required by the City of Ukiah. A MITIGATED NEGATIVE DECLARATION will be prepared. project MAY have a significant adverse impact on the RONMENTAL IMPACT REPORT shall be required. Charles Stump Print Name February 28, 2006 Date Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 RESOURCES USED TO PREPARE THIS INITIAL STUDY . . City of Ukiah General Plan, 1995 The Linkaqe Between Land Use, Transportation and Air Quality, State Air Resources Board, 1993. The Land Use - Air Quality Linkage: How Land Use and Transportation Affect Air Quality, State Air Resources Board, 1997. Transportation-Related Land Use Strateqies to Minimize Mobile Source Emissions: An Indirect Source Research Proiect, State Air Resources Board, 1995. 5. A Source of Air Quality Conditions Including Emissions Inventory, Ozone Formation, PM10 Generation, and Mitigation Measures for Mendocino County, CA. Sonoma Technologies, Inc., November, 1998. 6. Soil Survey of Mendocino COunty, Eastern Part, and Trinity County, Southwestern Part, California, U.S. Department of Agriculture - Soil Conservation Service, January, 1991. 7. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). 8. Hydrology Study--Apple Avenue Projects, Water Resources Consulting Services, August, 2004 9. Revised Plan Hydrolo.qy--Apple Avenue Development, Water Resources Consulting Services, August, 2005 10. Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996. 11. Correspondence received from the City Fire Department regarding fire protection service 12. Correspondence/discussions with the following City staff and Agency representatives: a. Chu.,9.C,~.Y.a~, Fire Marshal b. Li~lakl~lectrical Distribution Engineer c.~,,R~k-'S'a'-~s, Utility Department Technician / Tim Eriksen, City Engineer/Director of Public Works //' e. Rick Sands, Engineering Associate / Acting Sewer/Water Eng. Tech. /"' f. John Williams, Police Chief g. Paul Richey, Airport Manager Mitigated Negative Declaration for GPA/ZC No. 04-32; SDP 04-30; & SDP 04-33 23 '} LOCATION MAP RUFF/MENTON/ROCHA ZONE CHANGE No.' 05-34 & MAJOR SUBDIVISION MAP No. 05-35 ~60-767 ApPle Avenue Assessor Parcel Nos. 003-050-29; 66; 85 & 86 13 '0 500 1000 1500 2000 2500 300' APPROXIMATE SCALE: 1 inch = 500 feet NORT/~ PRC Referral for RUFF/MENTON/ROCHA ZC #05-34 & Major Sub #05-35 4 ENVIRONMENTAL CHECKLIST RUFF/MENTON/ROCHA ZONE CHANGE No. 0S-34 & MAJOR SUBDIVISION MAP No. 0S-3S ENVIRONMENTAL CHECKLIST J. AESTHETICS Would the Project: 1) Have a substantial adverse effect on a scenic.vista? 2) Substantially damage scenic resources, including, but not limited' to, trees, rock, outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or quality of the site and its surroundings? 4) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Potentially Significant Impact I1. AGRICULTURE RESOURCES Would the Project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion bf Farmland, to non-agricultural use? Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Beneficial Impact ENVIRONMENTAL C~tECKLIST FOR ZONE CEAi~GE No. 05-34 & MkJOR SUBDIVISION MAP No. 05-35 ENVIRONMENTAL CHECKLIST Potentially Significant Impact Iil. AIR QUALITY Would the Project: 1) Conflict with or obstruct implementation of the applicable air quality plan? 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozode precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors 'affecting a substantial number of people? IV. BIOLOGICAL RESOURCES Would the Project: 1) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish & Game Or U.S. Fish and Wildlife Services? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? E] Less Than Significant with Mitigation J . Less Than Significant Impact No Beneficial Impact Impact [] [] [] ENVIRONMENTAL CHECKLIST FOR ZONE CHANGE No. 05-3~ & MAJOR SUBDIVISION MAP No. 05-35 ENVIRONMENTAL CHECKLIST Interfere substantialty with the movement of any. native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurseries? 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with provisions of an adopted Habitat Conservation Ptan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant impact No Impact Beneficial impact V. CULTURAL RESOURCES 1) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique feature? 4) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS Would the Project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pdolo Earthquake Fault Zoning' Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. b) Strong seismic ground shaking? ENVIRONMENTAL CHECKLIST FOR ZONE CHANGE No. 05-3~ & MAJOR SUBDIVISION MAP No. 05-35 2) 3) ENVIRONMENTAL CHECKLIST Less Than Potentially Significant Less Than Significant with Significant Impact Mitigation Impact No Beneficial Impact Impact 4) Seismic-related ground failure, including liquefaction? d) Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Be located on expansive.soil, as defined in Table 16-1 of the Uniform Building Code (2001), creating substantial risks to life or property? Have soils incapable of a,~..,., ,ot..I,, ~, ~nnn~inn the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? HAZARDS AND HAZARDOUS, MATERIALS Would the Project: 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public, or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the 'environment? 3) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ZONE CHANGE ! ESIVIRONMENTAL CHECKLIST FOR No. 05-34 & MAJOR SUBDIVISION MAP No. 05-35 ENVIRONMENTAL CHECKLIST 7) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a pubtic airport, Would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with adopted emergency response plan or emergency evacuation plan? Expose people or structures to significant risk of loss, injury or death involving wildland fires, inciuding where ......... ~-- ~re adjacent to urbanized areas or where residences are intermixed with Wildlands? VIII. HYDROLOGY AND WATER QUALITY Would the Project: 1) Violate any water quality standards or waste discharge Less Than Potentially Significant Less Than No Significant with Significant impact impact Mitigation Impact 3) 4) requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells,would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on or off site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site? Beneficial Impact ENVIRONMENTAL CHECKLIST FOR ZONE CHA~GE No. 05-3& & MAJOR SUBDIVISION MAP No. 05-35 7) ENVIRONMENTAL CHECKLIST Potentially Significant impact Less Than Significant with Mitigation Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantial¥ degrade water quality? Place housing within a 100-yea'r flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures that would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? 10) Be subject to inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING Would the Project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than No Beneficial Significant tmpact impact Impact . [] [] [] X. MINERAL RESOURCES _ Wou~d the Project: 1) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2) Result in the loss of ayailability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ZONE ENVIRONMENTAL CHECKLIST FOR CHANGE No. 05-34 & MAJOR SUBDIVISION MAP I~o. 05-35 Less Than Significant with Potentially Significant Impact ENVIRONMENTAL CHECKLIST ' Xi. NOISE Would the Project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to, or generation of, excessive groundborne vibration or groundbome noise levels? 3) A substantial permanent increase , in ambient noise levels in the project vicinity above levels existing without the project? 4) Asubstantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise leve~s? XlI. POPULATION AND HOUSING Would the Project: 1) 2) Induce substantial population [] growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of [] existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of [] people, necessitating the construction of replacement housing elsewhere? Less Than Significant impact No Beneficial Impact impact [] [] [] [] ENVIRONMENTAL CHECKLIST FOR ZONE CI-IANGE No. 05-34 & M.n~JOR SUBDIVISION MAP No. 05-35 ENVIRONMENTAL CHECKLIST XIII. PUBLIC SERVICES Would the Project: 1) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant impact No impact Beneficial impact XIV. RECREATION Would the Project: 1) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Include recreational facilities or require the construction of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC Would the Project: Cause an increase in traffic, which is a substantial relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume'to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? ZONE ENVIRONMENTAL CHECKLIST FOR CHANGE No. 05-34 & MAJOR SUBDIVISION MAP No. 05-35 ENVIRONMENTAL CHECKLIST 7) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)?. XVI.UTILITIES AND SERVICE SYSTEMS Would the Project: 1) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmentat effects? 3) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the Project from existing entitlements and resources, or are new or expanded entitlements needed? 5)' Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statues and regulations related to solid waste? Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact Beneficial Impact ENVIRONMENTAL CEE'CKLIST FOR ZONE CHANGE Mo. 05-34 & MAJOR SUBDIVISION MAP No. 05-35 ENVIRONMENTAL CHECKLIST Potentially Significant Impact XVII.MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehis~tory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of current projects, and the effects of probable future projects)? 3) Does the project have environmental effects which wilt cause substantial adverse effects on human beings, either directty or indirectly? Less Than Significant with Mitigation Less Than Significant Impact No Impact Beneficial Impact ENVIRONMENTAL C~tECKLIST FOR ZONE CEAI~GE No. 05-34 & MAJOR SUBDIVISION M~P No. 05-35 DRAFT COPY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on four contiguous properties located at 760 through 767 Apple Avenue (Assessor Parcel Numbers 003-050-29; 66; 85; and 86) in the City of Ukiah from the R-3 (High Density Residential) Zoning District to the R-3 P-D (High Density Residential-Planned Development) Combining Zoning District. SECTION TVVO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to establish more flexible development standards for lot size, lot width, and yard areas for ,~, ,~.-,,-.~,,,,,,--~,~ ~,f = ~.r==tive planned development with twelve individually-owned townhouses. · , ,e ,.,~.,,,..,,.,~,, ,..., ,..., · . SECTION THREE The City of Ukiah conducted an Initial Study in which it was concluded that the Zone Change would have potential adverse impacts on the environment, but mitigation measures and a mitigation monitoring program that would reduce these impacts to levels that are not significant were included in this study the City is recommending the adoption of a Mitigated Negative Declaration for the Ruff- Menton-Rocha Townhouse Development Project; SECTION FOUR This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on ., 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: ,2006, by the following vote: Mark Ashiku, Mayor ATTEST: Marie UIvila, City Clerk DRAFT COPY RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF UKIAH APPROVING TENTATIVE SUBDIVISION MAP NO. 05-35 WHEREAS, the Ukiah Planning Commission on March 22, 2006, conducted a public hearing and recommended approval of Tentative Map No. 05-17, as submitted by Ruff and Associates on behalf of Estok and Miskal Menton and Antonio Rocha, and WHEREAS, a Mitigated Negative Declaration was found adequate and complete by the Planning Commission; and WHEREAS, the proposed site development is consistent with the Planned Development Plan approved by the City Council on ,2006, and WHEREAS, the City Engineer/Director of Public Works reports that the subdivision is consistent with applicable requirements of the Ukiah Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED THAT Tentative Map No. 05-35 (Attached Exhibit A) for the Ruff-Menton-Rocha Townhouse Planned Development project, is approved conditioned upon all applicable State Statutes, local ordinances, conditions of approval for Zone Change No. 05-34, and the following specific conditions: 1. A Final Subdivision Map shall be prepared and submitted to the City Engineer for review and approval, and recorded in a manner consistent with Ukiah Municipal Code requirements. 2. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. , Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Zoning Administrator. , In addition to any particular condition imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. o The subdivider of the subject property shall dedicate land, pay a fee in-lieu thereof, or both at the option of the City Council for park and recreation purposes prior to the filing of the Final Subdivision Map. o All use, construction, or occupancy shall conform to the application approved by the City Council, and to. any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. , Covenant, codes, and restrictions that include, but are not limited to, the development of maintenance agreements for the continued maintenance of the private access roadway, storm drainage, sidewalks, landscaping, and other areas that will be used in common, shall be submitted to the City of Ukiah Public Works Department and the City of Ukiah Department of Planning and Community Development for review, and shall be approved by the Planning Director prior to their recordation and the recording of the Final Subdivision Map. PASSED AND ADOPTED on AYES: NOES: ABSTAIN: ABSENT: ,2006 by the following roll call vote: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk STAFF REPORT TO THE PLANNING COMMISSION City of Ukiah RUFF / MENTON / ROCHA Zone Change No. 05-34 & Major Subdivision Map No. 05-35 Meeting Date: ITEM NO. 9-A March 22~ 2006 PROJECT SUMMARY: The approval of the proposed rezone (ZC No. 05-34) will change the zoning district designation for the four contiguous lots that comprise the 1.44-acre project site from R-3 (High Density Residential) to R-3 PD (High Density Residential-Planned Development Combining). This Planned Development designation is being requested to permit a development project with 24 townhouses, 3 open 'common area' lots for outdoor recreation, and site access and driveway paving. In this case, the applicants have sUbmitted a Precise Development Plan and are requesting that the Planning Commission review the townhouse development project and formulate a recommendation on the project prior to City Council action on the application. This action is in accordance with the procedures and process outlined in Article 14 of the Zoning Code. Similarly, the approval of the Major Subdivision Map (SUB No. 05-35) application to allow the subdivision of the site into the 27 individual lots proposed in the zone change/planned development application must be reviewed by the Planning Commission, with recommendations made prior to City Council action on this project component. The discretionary actions associated with this project are quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove, or modify the project. PROJECT LOCATION: The project site consists of four contiguous lots located at 760 & 767 Apple Avenue (Assessor Parcel Numbers 003-050-29, 66, 85 & 86), at the northern terminus of Apple Avenue. These lots are accessed via private driveways that branch off the dead-end terminus for Apple Avenue. ENVIRONMENTAL DETERMINATION: The Environmental Coordinator determined that the proposed Zone Change/Major Subdivision Map Project is not exempt from the provisions of the California Environmental Quality Act (CEQA). As a result of this determination, Planning Department staff prepared an Initial Study in which it determined the proposed division of the site and its subsequent development with a townhouse development project would cause potentially significant adverse environmental effects related to site aesthetics (lighting and glare); air quality (short-term particulate materials from construction); historical and cultural resources (potential on-site discoveries while constructing); and hydrology (storm water generation and detentions needs). However, the environmental study also includes specific measures designed to. mitigate the effects cited above to levels that would be less than significant if they are adopted and these measures have been incorporated into a mitigation monitoring program for implementation prior to or during construction phases of the proposed development. Based on these measures, staff prepared a Mitigated Negative Declaration for the project. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 GENERAL PLAN DESIGNATION: HDR (High Density Residential) ZONING: R-3 (High Density Residential) PROJECT DESCRIPTION Existinq Conditions The project site actually consists of four parcels located at the northern terminus of Apple Avenue. These lots have a total area of approximately 1.44 acres, with the Danco/Summercreek apartment complex on the north and a mix of Iow and medium density residential development on the west and south. The North Coast Railroad Authority's railroad tracks run along the eastern flank of the site. Estok and Miskal Menton own the two lots comprising the western portion of the site, which contains a two-story contractor's office/shop building its southern half. The existing development also includes a large open area used for a garden, a paved access driveway to Apple Avenue, and a small residential cottage on the narrow lot that makes up the eastern half of the Menton property. Antonio Rocha owns the two lots that make up the eastern portion of the site. These lands contain two single-family residences that have unpaved driveway access to Apple Avenue and the remaining areas consist of large yard areas with grass and several mature trees. Backqround The existing property lines for the four parcels making up the project site were not originally conducive to the higher-density development pattern proposed in two jointly-filed site development projects submitted by the Mentons and Mr. Rocha. In response to this situation, the property owners submitted an application for a Boundary Line Adjustment (BLA No. 04-31) to realign parcel boundaries, which the Ukiah City Engineer approved in September of 2004. Last year, the Ukiah City Council also approved a General Plan Amendment and Zone Change (GPA/ZC No. 04-32) that permitted the zoning designations for the properties to be changed to R-3 (High Density Residential) and two Site Development Permits (SDP No. 04-30 and SDP No. 04-33) that allow the development of the four lots with up to 32 apartment units. This project has been put on hold by the applicants pending action on Zone Change No. 05-34/Major Subdivision Map No. 05-35. Proposed Land Use Conditions As noted in the Project Summary, the approval of the proposed Zone Change will rezone the existing Menton and Rocha properties from R-3 (High Density Residential) to R-3 PD (High Density Residential- Planned Development Combining). This designation is being sought to allow the development of a medium to high density residential housing complex that will consist of 24 townhouses, three 'common lot' areas and paving for site access and driveways. A cul-de-sac with a radius of approximately 35 feet and 4-foot wide sidewalks will also be constructed to provide ingress and egress at the northern end of Apple Avenue; this street improvement will be constructed as part of this project and dedicated to the City of Ukiah as a public terminus/turnaround for this public street. The proposed zone change will effectively reduce the residential density now allowed on the affected properties by 25 perCent, from 32 dwelling units to 24 dwelling units. The major difference between the approved development pattern and the proposed project is that the residential units will consist of individually-owned townhouses on smaller lots instead of larger groupings of apartment buildings. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 Proposed Development on the Menton Property The western portion of the 1.44-acre site will be developed with 12 of the townhouse units proposed in this project. The townhouses will be constructed in pairs, with a 2-inch separation between the nearest building walls, but trim work on these walls will make the separation imperceptible from the exterior. Six of the units will be constructed along the northern portion of the Menton ownership and the other six units will be constructed where the existing office/shop structure stands. The areas between these buildings will be developed with paved surfaces for driveway, access and exterior parking stalls, with access to the public cul-de-sac terminus for Apple Avenue. The Menton townhouses, which are denoted on project plans as Units M-1 through M-2, will be constructed in a design described by the project architects as "Ukiah Vernacular". This design features a combination of gable and hipped roofs, board and batten,style wood or Hardiplank siding on the sides, shake-style siding on the fronts, and metal accent panels. No particular color scheme is proposed, but the applicants indicate that all of the structures will be painted in 'earth tone' colors. Each townhouse on the Menton properties will have a 970 square foot building pad footprint, with a two- car garage on the front and a two-story residential building on the back. The first floor of the townhouse's residential component is designed with a small kitchen, living room/dining area, and half- bathroom, with interior stairwell access to the second floor. The rear half of the second floor will contain a master bedroom/bathroom suite, with two smaller bedrooms and another bathroom on the front half. The average lot sizes for the townhouses will be approximately 2,402 square feet, leaving room for a small patio-style rear yard, 6-foot wide side yards between the paired structures and small arbors within the walkway access located between the paired townhouse structures. A 3,689-4,015 square foot 'common space' area is proposed for the northwest corner of the site, which already has gated access to the abutting County-owned property. Proposed Development on the Rocha Propertv The eastern portion of the site will also be developed with 12 townhouse units, with 8 of the units constructed in pairs and 4 of the units connected in a four-plex design. The areas between these buildings will be also be developed with paved surfaces for driveway access and exterior parking stalls, with access to the public cul-de-sac terminus for Apple Avenue. The Rocha townhouses, which are denoted on project plans as Units R-1 through R-2, will also utilize the "Ukiah Vernacular" features found on the Menton buildings, but appear to include more articulation in wall planes and roof patterns. These designs include the same gable and hipped roofs and board and batten-style siding as the Menton designs, but will use a variety of wood and stucco wall coverings, with metal accent panels. Again, no particular color scheme is proposed, but the applicants indicate that all of the structures will be painted in 'earth tone' colors. The townhouses on the Rocha properties will have the same 970 square foot building pad footprint, with two-car garage and first floor designs that are nearly identical to the Menton townhouse footprint. The master suites on these units will be identical to the Menton townhouses, but the rest of the floor plans will deviate slightly, with a punch-out on the sides of the buildings to accommodate a closet and bath area. Each of the townhouse units on the Rocha properties will have a small patio-style rear yard, 6-foot wide side yards between the paired structures and small arbors within the walkway access located between the paired townhouse structures. A 1,500 square foot 'common space' area is proposed for the northeast portion of the site. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 STAFF ANALYSIS General Plan Consistency According to the Land Use Element of the General Plan, the townhouse planned development proposed in this project is entirely consistent with the intent of the HDR land use classification to provide a variety of higher density residential development opportunities. The 24 townhouses proposed for the 1.44-acre site is approximately 17 units per acre, which is just over the medium density residential maximum density of 14 units per acre, but well below the high density residential maximum density of 28 units per acre. Furthermore, staff determined that the proposed site layout is consistent with the siting issues included in this element for new high density residential parcels and construction projects, including site location in a HDR land use area, access to public streets, paved access on the site, and design review. Finally, staff notes that the site layout includes small individual yard areas and two 'common lot' areas for on-site recreation and site landscaping in a pattern that is consistent with the requirements for such amenities, particularly in a medium to high-density residential development. Based on these factors, staff concludes the proposed townhouse planned development is consistent with the Land Use Element goals and policies. Staff also reviewed the recently revised Housing Element and considers the proposed development pattern to be highly compatible with this element's goals for using 'infill' lots for residential development. The proposed townhouses also utilize building and site design features that are compatible with or more attractive than the mix of residential housing types found along the Apple Avenue corridor and in the apartment complexes to the north and west. Therefore, it is the opinion of staff that the proposed planned development is consistent with the Community Design Element goal of preserving and enhancing neighborhood character. Staff also reviewed the project's consistency with the other elements of the General Plan and found no inconsistencies with any of these goals and policies. Based on this determination and the consistency with the elements discussed above, it is the opinion of Planning Department staff that the proposed townhouse planned development is consistent with the Ukiah General Plan. Consistency with Ukiah Subdivision Ordinance The proposed subdivision would be a Type I subdivision, as defined in the Ukiah Subdivision Ordinance, and Planning Department staff determined the proposed lots would be consistent with most of the applicable requirements for this type of residential subdivision. These include standards for the development of street improvements, the provision of water supplies, fire protection, sewer hook-ups, storm drainage, utility easements, and street lighting facilities. None of the individual lots proposed in this project are totally consistent with Type I subdivision requirements for the minimum lot area o¢ 6,000 square feet, public street frontages of 60 feet, front setbacks of 15-25 feet, rear yards of 10 feet, and side yard setbacks of 5 feet. In fact, the proposed townhouse subdivision design is relatively unique in its use of smaller lots and reduced yard areas and none of the proposed parcels would fit the mold for the traditional residential lot defined in the Type I subdivision standards. However, the proposed deviation from these standards is intended to allow townhouse units that will provide individual ownership opportunities while actually decreasing the residential density of the site. Therefore, it is staff's opinion that the proposed subdivision will be consistent with the Subdivision Ordinance so long as the City Council approves the proposed zone change to the PD Combining Zone. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 Consistency with R-3 Zoning District Standards The proposed townhouse planned development is an allowed land use in the R-3 zoning district and the approximate unit density of 17 townhouses per acre is entirely consistent with the R-3 development standards of one dwelling unit for every 1,500 square feet of lot area. The project is also consistent with development standards that limit buildings to a maximum height of 40 feet and require two parking stalls for each dwelling unit. However, the 24 townhouse lots and 3 open space lots proposed in these projects will deviate substantially from other development standards of the R-3 Zoning District and the Planned Development component of this project was included to allow these deviations. The key deviations are described below and shown in great detail on the various exhibits submitted with these projects. Lot sizes will vary from the 1,419 square foot 'common space lot' on the Rocha property to the 3,689 square foot 'common space lot' on the .Menton property, with an average lot size of 2,402 square feet for the 24 residential properties proposed on both lots. Therefore, none of the proposed lots complies with the R-3 zoning standard that requires 6,000 square feet of lot area for each residential building or group of residential buildings. The townhouse lots will have widths measuring between 24-40 feet, with most of the lots having a 30-foot width. In fact, only the common space lot proposed north of the Apple Avenue cul-de-sac will be at least 60 feet wide, so none of the lots proposed in these projects will have the 60 feet of minimum lot width required for the R-3 zone. All. of the proposed townhouse lots will have at. least one wall constructed only two feet from its neighboring unit, with trim materials covering this small 'open-air' area. This wall alignment will essentially establish a side yard setback of zero feet for at least one yard of every townhouse unit, which is not consistent with the requirement for a side yard setback of 5 feet or greater. · Eight of the proposed townhouse units will have the 20-foot wide front yard required in the R-3 zone; the remaining 16 lots will have front yards ranging from 12 to 18 feet wide. · Six of the lots on the Rocha property will have the 15-foot wide rear yard required in the R-3 zone; the remaining lots will have rear yards of approximately 13 feet. Most of the buildings will be constructed in pairs, with 12 feet between these structures. However, all of the structures will have one or more sides that will be two inches from the abutting unit, with trim work effectively establishing a single building elevation and a side yard area of zero feet. The number of lot deviations proposed in this project at first appeared rather substantial, but after a careful review of the site layout Planning staff determined that the reduced lot areas and most of the modified yard setbacks were minor in nature. In fact, the majority of the deviations would result in setbacks that are only 10-15 percent smaller than normal. Staff also noted that the smaller lot sizes and widths proposed in this project are substantially smaller than those required for the R-3 zone, but the proposed townhouse layout actually results in a much lower density than an allowed apartment complex would. Furthermore, the lots are large enough to provide each occupant with their own small patio-style yard and access to common space lots for outdoor recreation. Based on these factors, it is the opinion of staff that the proposed deviations do not represent substantial or adverse effects to the site design for the proposed townhouse complex and are, therefore, generally consistent with the applicable standards of the R-3 Zoning District. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 PD Combining District Consistency The Ukiah Municipal Code allows the application of the PD Combining District to any zoning district, but it spells out very specific requirements for its implementation. In this case, the application to apply it to the subject property has been done in full compliance with the procedures and process outlined in the Code, including the submittal of the materials required for the application. In fact, the applicants chose to forgo the option to submit a Concept Development Plan and prepared the more complex Precise Development Plan required for the ultimate approval of the project. Based on these plans, Planning staff determined the proposed subdivision and townhouse project are consistent with the intent of the PD Combining Zone and the specific development requirements for precise development plans. Consistency with Ukiah Municipal Airport Master Plan The project site is located approximately 0.6 mile north of the Ukiah Municipal Airport's runway, which places it in Airport Compatibility Zones B1 and B2 (Extended Approach-DepartUre Zone), as defined in the Compatibility Criteria tables for both the Ukiah Municipal Airport Master Plan and the Mendocino County Comprehensive Land Use Plan. These criteria list multiple-family residential projects as "not normally acceptable" in either of these compatibility zones. However, in this case, the project site area is less than two acres and the less intense B2 compatibility zoning is applied, which in turn makes the proposed GPA/ZC project subject to the Infill policy (Policy 2.1.6) of the County and City airport plans. In this case, the change to high density land use designations was previously found by the Ukiah City Council to be consistent with this policy since the residential densities allowed on the site will not exceed 28 dwelling units or 60 persons per acre, the development maintains 30 percent of its lands in open space, and routinely occupied potions of structures will not exceed two stories in height. The Infill policy also encourages multiple-family projects in this area since Iow density housing developments are considered to be more susceptible to aircraft noise impacts. The proposed development of the townhouses will reduce the number of dwelling units on the 1.44-acre site from the 32 units previously approved by the City Council to 24 units, while providing a higher percentage of open space. Based on these changes, it is the opinion of staff that the proposed townhouse development and subdivision will be even more consistent with the Infill policy and other airport compatibility criteria described above. Environmental Analysis The proposed project is not exempt from the provisions of the California Environmental Quality Act, and an Initial Study was prepared to analyze potential adverse environmental impacts caused by the proposed Zone Change and Major SubdiviSion projects. In this study, staff reviewed potential environmental effects caused by the land use changes and determined the proposed zone change to a planned development and the subdivision of the site into 27 uniquely sized lots could cause potentially significant adverse impacts to site aesthetics (lighting and glare); air quality (short-term particulate materials from construction); historical and cultural resources (potential on-site discoveries while constructing); and hydrology (storm water generation/detentions needs). Therefore, mitigation measures and a monitoring program were recommended to mitigate these impacts to levels that are not considered significant and a Mitigated Negative Declaration was prepared for the projects. CONCLUSIONS Planning Department staff concludes that the deviations from normal R-3 zoning standards proposed in Zone Change No. 05-34 and Major Subdivision Map No. 05-35 are minor in nature and will allow the site to be developed with an effective medium to high density residential development. Staff further concludes that the proposed townhouse development project is consistent with the Ukiah General Plan, applicable standards of the Ukiah Municipal Code, applicable compatibility criteria of the Ukiah Airport Master Plan, the Ukiah Subdivision Ordinance and the Subdivision Map Act. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 PLANNING DEPARTMENT RECOMMENDATION Based on the Findings listed below, the Planning Department recommends that the Planning Commission recommend to the City Council that it: 1. Adopt the Negative Declaration prepared for Rezone No. 05-34/Major Subdivision No. 05-35; , Adopt the Ordinance amending the official Zoning Map for the City of Ukiah to change the zoning on the site from R-3 (High Density Residential) to R-3 PD (High Density Residential-Planned Development Combining); and 3. Adopt the Resolution approving Major Subdivision Map No. 05-35 to subdivide the 1.44-acre site into 27 lots. RECOMMENDED FINDINGS Recommended Findings for Zone Change No. 05-34: The Planning Department's recommendation for approval of the zone change from the R-3 Zoning District to the R-3 PD Combining District is based, in part, on the following findings: . The rezone of the subject property to R-3 PD Combining and the development of the proposed townhouse units is consistent with the Ukiah General Plan since the proposed housing complex is designed in a manner that is consistent with Land Use Element siting criteria for medium to high density residential development and Housing Element implementation measures that encourage the use of "infill" lots that are designated for higher density residential development; , The rezone of the subject property to R-3 PD Combining and the development of the proposed townhouse units is consistent with the purpose and intent of the R-3 Zoning District to provide a variety of higher density residential developments, and with the intent of the PD Combining Zone, which provides greater flexibility and design opportunities for such projects; . There is sufficient variety, creativity, and articulation in the architecture of the proposed townhouse structures to avoid monotony or any box-like external appearance and the buildings and surrounding grounds will generally be consistent with, or more attractive than, the design and scale of similar residential structures in the surrounding neighborhood; . The location, size, and intensity of the townhouse complex will not create hazardous or inconvenient impacts to existing vehicular traffic patterns since its development will not cause substantial traffic volume increases or alter existing traffic patterns in a substantial manner; o The inclusion of accessible off-street parking areas on each lot and in the common lot areas of the townhouse complex will provide sufficient on-site parking to limit the potential for hazardous or inconvenient conditions to adjacent surrounding uses, particularly since a network of shared driveways will provide access the Apple Avenue cul-de-sac terminus and street corridor; , The location, size, and intensity of the project will not create hazardous or inconvenient impacts to pedestrian traffic since its development plan includes pedestrian walkways along both sides of the improved cul-de-sac terminus for Apple Avenue, which has sidewalks along both sides; 7. Sufficient landscaped areas and open spaces have been reserved for purposes of separating or screening the proposed townhouse structures from each other and from adjoining properties; Planning Commission Staff Report for ZC 05-34 & SUB 05-35 . . 10. 11. 12. The proposed townhouse structures will not cut out light or air on the property since the buildings would be constructed along the perimeter areas of the property and would be set back far enough from properties to the north to limit adverse shading patterns on abutting lots; The proposed townhouse structures will not cause excessive damage to or destruction of natural features on the site since there are few substantial resources present; The development of the townhouse planned development will cause no significant adverse environmental effects that will not be mitigated by measures designed to reduce their impact to levels of insignificance, as determined in the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project; and The development of this property with townhouse structures will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district since the proposed planned development is a substantial improvement to existing conditions and will utilize attractive building and site designs that are compatible with surrounding development; The relatively unique townhouse project permitted by the establishment of the Planned Development will generally be compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the project entails a lower development density than previously permitted, is semi-secluded from the surrounding neighborhood, and will be developed in a manner that is consistent with the surrounding medium to high density lands that surround it. Recommended Findings for Major Subdivision Map No. 05-35: The Planning Department's recommendation for the approval of the major subdivision map to divide the site into 27 parcels is based, in part, on the following findings: 1. The division of the property into 27 lots is consistent with the requirements outlined for major .subdivisions in the California Subdivision Map Act; 2. The division of the property into 27 lots is consistent with the Ukiah General Plan since the townhouse development project will be consistent with Land Use Element criteria for high density residential land uses and Housing Element implementation measures that encourage creativity and flexibility in establishing new housing situations; 3. The division of the property into 27 lots, as conditioned, is consistent with the applicable Type I subdivision standards of the Ukiah Subdivision Ordinance; . The division of the existing property into 27 lots is consistent with the modified use and development standards of the R-3 (High Density Residential) Zoning District and with the purpose and intent of the PD Combining Zone criteria established for this development site, which allows greater flexibility in determining lot areas, lot dimensions, yard/setback areas, and requirements for public street frontage; and , The division of the existing property into 27 lots will cause no significant adverse environmental effects, as determined in the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 Recommended Conditiens of Approval for General Plan Amendment/Rezone and Site Development Permit: The following Conditions of Approval shall be made a permanent part of Zone Change No. 05-34, shall remain in force regardless of property ownership, and implemented in order for this entitlement to remain valid: . No building permits shall be issued for any of the residential structures shown on the Precise Development Plan for the Planned Development until the Final Subdivision Map has been approved by the Ukiah City Council and signed by the Mayor of Ukiah. . All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned Development approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the City Council. , In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 5. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. o The Building Permits for the townhouse units permitted by the Precise Development Plan for the Planned Development shall be issued within two years after the effective date of the Final Subdivision Map (SUB No. 05-35) approval by the City Council, or they shall be subject to the City's permit revocation process and procedures. In the event the Building Permits cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. , The approved Precise Development Plan for the Planned Development may be revoked through the City's revocation process if the approved project related to the development plan is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. , Except as otherwise specifically noted, the Precise Development Plan for the Planned Development shall be granted only for the specific purposes stated in the action approving the development plan and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. . Improvement Plans for interior walkways or curb, gutters, sidewalks, driveways and street paving along the Apple Avenue cul-de-sac and street frontage shall be prepared by a licensed civil engineer in accordance with City Standard Drawings and submitted to the Ukiah City Engineer for review. The improvements plans shall be approved by the City Engineer prior to the issuance of any ministerial permits for site preparation activities required for the construction of any residential unit on the subject property. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 10. 11. 12. 13. 14. All improvements within the right-of-way for the Apple Avenue cul-de-sac and street frontage shall be constructed in conformance with the approved improvement plans under an Encroachment Permit issued by the Public Works Department. The Encroachment Permit shall be submitted to the City Engineer with a fee equal to three percent (3%) of the cost of the improvements and must be approved prior to the issuance of a Building Permit for the project. All improvements shall be done by a properly licensed Contractor with a current City of Ukiah Business License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000)and current Workman's Compensation Certificate. Prior to any site development on the subject properties, a Civil Engineer shall design a stormwater detention system that will detain any increase in runoff generated as a result of this project. All storm.water generated as a result of development activities shall be detained on- site so as to not create any additional impact on the downstream drainage system. The criteria for design shall be such that the runoff released from the site shall be equal to or less than that which is currently released from the site for any event, up to and including a 50 year event. This design must be submitted to the City Engineer for his approval prior to the issuance of any building or grading permits. The system must be installed prior to the final inspection of any building or grading permits. A letter of confirmation shall be provided to the City Engineer by the designer of the stormwater detention system that the system is consistent with the design approved by the City Engineer. This letter shall be received and verified by the City Engineer prior to any final inspections for building permits. A Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan shall be submitted to the City Engineer/Public Works Director for review and shall be approved prior to the commencement of any grading, site preparation activities, or construction of buildings and paving. A licensed civil engineer shall prepare all drainage calculations and other work done on this Plan, including the following work: a. The extent of modifications to existing drainage patterns; b. The extent of storm drainage improvements and erosion control measures for building pads, driveways, parking lot areas, and other movements of soil; and c. The extent of other development the City Engineer determines could adversely affect existing drainage patterns on the site or on abutting properties or could cause wind or water erosion. 15. The City Engineer/Public Works Director shall permit no site preparation, grading, or construction of buildings and paving on the project site without first reviewing a Final Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan. This plan shall be submitted to the City Engineer/Public Works Director for review and shall be approved prior to the commencement of the activities described above. A licensed civil engineer shall prepare all drainage calculations and other work done on this Plan, including the work described below: 16. Stockpiled soil shall be protected from erosion; drainage from all disturbed and stockpiled soils shall be directed on-site to a disposal location approved by the City Engineer. 17. AII on-site paving shall be a minimum of 2" (inches) of asphalt concrete with a 6" (inch) aggregate base, or, alternatively, any option approved by the City Engineer Planning Commission Staff Report for ZC 05-34 & SUB 05-35 l0 18. All activities involving site preparation, excavation, filling, grading, road construction, and building construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 19. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 20. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 21. Low emission .mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. 22. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 23. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted and City Planning Department staff shall be notified immediately of the discovery. The applicant shall also be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance to determine whether the development of a precise mitigation program will be required prior to the continuation of any site work. 24. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. 25. A Final Landscaping Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of Occupancy for the building. This plan shall include, but not be limited to the following: a) A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation; b) A planting schedule for all vegetation installed on the site; and c) A maintenance schedule for existing or proposed vegetation, including a watering schedule and irrigation system design. 23. Ali landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the Director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the site shall be replaced with similar vegetation approved by the Planning Director. 24. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view consistent with the architecture of the building upon which it is located. 25. Outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not be visible outside the enclosures. 26. A recycling program that provides the opportunity for all residents of the townhouse development project to recycle shall be implemented prior to the occupancy of any of the buildings and shall remain in effect so long as the structures are occupied. This program shall be reviewed by the Planning Director and approved prior to implementation to ensure it provides efficient recycling methods consistency with Ukiah Municipal Code requirements. Planning Commission Staff Report for ZC 05-34 & SUB 05-35 27. 28. 29. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Saturday unless additional hours of construction for special construction activities or projects are reviewed and approved by the Planning Director. Prior to the issuance of a Building Permit, a Final Lighting Plan shall be submitted to the Director of Planning and Community Development or his/her designee for review for compliance with Ukiah Municipal Code standards for on-site lighting and with "dark sky" guidelines for reducing nighttime lighting on the site. The Final Lighting Plan shall include details regarding exterior lighting for structures, garden areas, and walkways, with lighting sources that are full cut-off, hooded, and down-cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. Additionally, all lighting shall be the minimum wattage necessary to provide adequate security, yet shall not result in excessively bright night glow. Sufficient details regarding the proposed wattage of all site lights shall be included in the Final Lighting Plan so that the Planning Staff can determine how bright the proposed site lights will be. The Director of Planning and Community Development shall have the authority to require the Final Lighting Plan to be modified (including the wattage) and/or additional information to be submitted so that the lighting meets the requirements listed above. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy. Recommended Conditions of Approval for Major Subdivision Map No. 05-35: 1. A Final Subdivision Map shall be prepared and submitted to the City Engineer for review and approval, and recorded in a manner consistent with Ukiah Municipal Code requirements. 2. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. , Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Zoning Administrator. . In addition to any particular condition imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. . The subdivider of the subject property shall dedicate land, pay a fee in-lieu thereof, or both at the option of the City Council for park and recreation purposes prior to the filing of the Final Subdivision Map. o All use, construction, or occupancy shall conform to the application approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. ATTACHMENTS: 1. Location Map 2. Project Narrative prepared by Applicants 3. Tentative Map Exhibit with Existing Conditions/Property 4. Tentative Map with Site Layout Planning Commission Staff Report for ZC 05-34 & SUB 05-35 5. Tentative Map with Grading & Drainage Plan '6. Site Plan with Landscaping 7. Floor Plans for Menton Units (M-1 through M-12) 8. Floor Plans for Rocha Units (R-1 through R-12) 9. Elevations for Menton Units (M-1 through M-12) 10. Elevations for Rocha Units (R-1 through R-12) 11. Mitigated Negative Declaration prepared for ZC 05-34 & SUB 05-35 12. Draft Ordinance for Approval of ZC 05-34 13. Draft Ordinance for Approval of SUB 05-35 REPORT PREPARATION This Staff Report was prepared by Associate Planner Dave Lohse Filed under 2006 PROJECTS/05-34.MENTON-ROCHA RZ STAFF REPORT Planning Commission Staff Report for ZC 05-34 & SUB 05-35 + ASSOCIATES Architecture · Planning · Development January 3, 2006 Project Narrative for Apple Avenue Townhomes / 760 & 767 Apple Avenue The owners of the above-referenced properties, Estok Menton and Antonio Rocha, received approval in 2004 for the development sixteen (16) apartment units on each property (8 per lot, total of 32 units for both properties). Mr. Menton and Mr. Rocha have now decided that they would like to build townhomes (to be sold), with twelve (12) units per property (six per lot, total of 24 for both properties). No changes to the proposed infrastructure and utility improvements as approved by the Planning Commission and City Council are ~nt~,~,eu, and s~nce the proposed density ;vi~,, be less, it is ant~'-;~,~'''~,~,~, .... that impacts to the neighborhood (e.g. traffic) will also be reduced. Construction of the cul-de- sac will provide a safer environment for pedestrian traffic and be an aesthetic improvement over existing conditions, while the proposed utility installations (underground electric services and looped water system) will improve both the aesthetics and the functioning of those systems. The site plan for the projects has been revised to show guest parking and common areas, and now existing structures on both properties will be taken down and all new construction will occur. Our clients wish to proceed with infrastructure installation and construct the cul-de-sac, install utility mains and service stubs to lots, and construct the storm-drainage retention system specified in the hydrology report on file. In recent discussions with City Staff about the change in overall plan, it was felt that the infrastructure installation could go forward under the approved site development plan, as the deviation from the approved plan with respect to infrastructure would be minimal. The architectural style is 'Ukiah Vernacular" featuring a combination of gable and hipped roofs, board and batten-style wood siding with metal accent panels, and asphalt shingle roofing. The overall finish colors, except for decorative metal panels, will be earth tones. Each 3-bedroom, 21/2-bath townhome will be approximately 1,375 square feet in size (both stories), and have a 2-car garage. Fourteen (14) additional guest parking spaces will also be provided (6 on the Rocha property, 8 on the Menton property). Average lot size will be 2,402_+ square feet, with the remainder of the properties being common space to be maintained and governed by a homeowner's association. Mr. Menton's property has a pedestrian walkway and gated exit from the project at the northwestern end of the site. A color rendering will be provided for inclusion in the PC information package within the week. 100 West Standley St. · Ukiah, CA95482 ° 707-472-0525 · Fax 707-472-0527 www. ruffarchitect.com · email:richard@ruffarchitect.com ° CA LicCl1736 ~Y ./. C ,< z · I I I'[ :1 S]£¥1DOSSV + :i:IN~I S]~N~(]IS~ All.V5 ~19N15 ~WOH NAAO.L ~ N N3AV gldd¥ Z u 0 0 Z 0 Z $_:i.LVIDOSS¥ + -I-IN~! ;~gtrS6 Y'D 'HVI)~N "3AV 3-1dd¥ £9£ ~ 09£ S--J.~N3C]IS31~ ,k-IIW¥:l q-IDNIS VHDO~I/NO.LN3W S3WOHNAqOI 3NNqA¥ 31dd¥ \ \ \ \ \ / / I / I / I / ~_/ .... · ~-I~)O~I/NOIN~ W $::IWOH N/V~,OI ~N::I^¥ ::l'lda¥ Z · ~ ~uluueld ~nl~aqq::>xV S3:L¥1DOSSV + -t-tN~! :gt,.,C6 Y'~ 'FIYI)iN "~A¥ 31dd¥ Z9Z g 09/. S3~)N3C31S3~i ,klllalV:l 319NIS VI-t~XD~I/NO.LN3 W S3WOHNMO.L 3NN3^¥ 3-1daV MINUTES CITY OF UKIAH PLANNING COMMISSION March 22, 2006 MEMBERS PRESENT Kevin Jennings James Mulheren, Chair Judy Pruden OTHERS PRESENT Listed below, Respectively STAFF PRESENT Dave Lohse, Associate Planner Cathy Elawadly, Recording Secretary MEMBERS ABSENT Ken Anderson Mike Whetzel The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Mulheren at 6:30 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. 3. PLEDGE OF ALLEGIANCE Councilmember McCowen led the Pledge of Allegiance. 4. ' SITE VISIT VERIFICATION Site visits for items 9A, 9B, and 9C were verified 5. APPROVAL OF MINUTES - NIA 6. COMMENTS'FROM AUDIENCE ON NON-AGENDA ITEMS No one from the audience came forward. 7. APPEAL PROCESS Chair Mulheren read the appeal process. For matters heard at this meeting, the final date for appeal is April 3, 2006. 8. VERIFICATION OF NOTICE Rezoning No. 05-34/Major Subdivision Map No. 05-35, Major Use Permit No. 05-57, and Major Use Permit No. 05-58 were legally notice in accordance with the provisions of the Ukiah Municipal Code. 1 NEW BUSINESS Rezoning No. 05-34/Major Subdivision Map' 05-35, as submitted by Ruff & Associates, to change the zoning designation of the four lots comprising the 1.44-acre project site from the R-3 (High Density Residential) Zoning District to the division of these lands into 26 individual lots that will be developed with 24 townhouse units and two common space lots. The subject properties consist of four contiguous lots located at 760 Apple Avenue (APN 003-050-29 & 66) and 767 Apple Avenue (APN 003-050-85 & 86), at the northern terminus of Apple Avenue. Associate Planner Lohse addressed the staff report as follows: · Approval of the proposed rezone will change the zoning district designation for the four contiguous lots that comprise the project site from R-3 (HDR) to R-3 PD (High Density Residential-Planned Development Combining). This PD designation MINUTES OF THE PLANNING COMMISSION Page 1 March 22, 2006 MINUTES OF THE PLANNING COMMISSION Page 2 concerns a Precise Development Plan for 24 townhouses, three "open common area" lots for outdoor recreation, site access, and driveway paving. In addition to the proposed rezone, the applicants are seeking approval of a Major Subdivision Map to allow the subdivision of the 1.44-acre site into 27 individual lots proposed in the zone change/planned development application, including one lot for each of the townhouses, two for common space areas, and one for the cul-de-sac. The PD is required to allow for several deviations from area standards, including those for lot area, lot width, and front, side, and rear setbacks, as specifically addressed on page 5 of the staff report. Estok Menton owns two lots comprising the western portion of the site, while Antonio Rocha own two lots that make up the eastern portion of the site. The existing property lines for the four parcels were not initially conducive to the higher density development in a jointly-filed project so a BLA to realign the parcel boundaries was approved in September 2004. Additionally, the Ukiah City Council approved a General Plan Amendment/Rezone that permitted the z°ning designations for properties to be changed to R-3 (HDR) and two Site Development Permits for Menton/Rocha that allowed the development of the four lots with up to 32 apartments. The project was placed on hold by the applicants pending action on Zone Change No. 05-34/Major Subdivision Map No. 05-35. The western portion of the site (Menton property is proposed to be developed with 12 of the townhouse units and page 3 of the staff report provides a specific description of the development that will be constructed in pairs. Six of the units would be constructed along the. northern portion of the Menton property and the other six buildings would be constructed where the existing office/shop structure stands. The eastern portion of the site (Rocha property) would also be developed with 12 townhouse units, with eight of the units constructed in pairs and four of the units connected in a four-plex design. Page 3 of the staff report provides a specific description of the proposed developments. Staff analysis of the project includes the following: General Plan Consistency The townhouse planned development according to the Land Use Element of the General Plan is entirely consistent with the intent of the HDR land use classification that provides for a variety of higher density residential development opportunities. Project factors in addition to land use and density such as the proposed site layout, design, landscaping, designated common/recreational areas, access, and other related elements were determined to be consistent with the Ukiah General Plan. Ukiah Subdivision Ordinance Consistency The proposed lots would be consistent with most of the applicable requirements for a Type I residential subdivision as defined in the Ukiah Subdivision Ordinance. R-3 Zoninq District Standards Consistency The townhouse planned development is an allowed use in the R-3 Zoning district and the approximate unit density of 17 townhouses per acres is entirely consistent with the R-3 development standards. The project is also consistent with the development standards that limit buildings to a maximum height of 40 feet and that require two parking stalls for each dwelling unit. However, the 24 townhouse lots and three open space lots 2 would deviate substantially from other development standards of the R-3 Zoning District where the Planned Development component of this project was included to allow for these deviations, as noted above. Staff determined that the reduced lot areas and most of the modified yard setbacks were minor in nature and that the majority of the deviations would result in setbacks that are only 10-15 percent smaller than normal. March 22, 2006 The smaller lot sizes/widths proposed are substantially smaller than those required for the R-3 zone, but the proposed townhouse layout actually results in lower density than an allowed apartment complex would. Therefore, the project is generally consistent with the applicable standards of the R-3 Zoning District, since the deviations do not represent substantial or adverse effects to the Site. PD Combininq District Consistency Although the UMC allows the application of the PD Combining District to any zoning district, it reiterates very specific requirements for its implementation. This application has been put to the subject property in full compliance with the procedures/process of the UMC. The applicants chose to forgo the option to submit a Concept Development Plan for a more complex Precise Development Plan. Staff determined the proposed subdivision and townhouse project are consistent with the intent of the PD Combining Zone. Ukiah Municipal Airport Master Plan Consistency The site is located in Airport Compatibility Zones B-1 and B-2 where the criteria list multiple-family residential projects as "not normally acceptable" in either of these compatibility zones. However, the project site area is less than two acres and the less intense B-2 compatibility zoning is applied, which makes the proposed GPA/ZC project subject to the Infill policy of the County and City Airport plans. The project complies with the number of persons, dwellings, and height requirements for these compatibility zones. Also, the Infill policy encourages multiple-family projects in these areas since Iow density housing developments are considered to be more susceptible to aircraft noise impacts. The proposed new project will reduce the number of dwelling units from the previously approved 32 units to 24 units, while providing a higher percentage of open space. Environmental Analysis An Initial Study was prepared for the proposed Zone Change and Major Subdivision projects. Staff determined that the projects could cause potentially significant adverse impacts to site aesthetics (lighting and glare), air quality, historical and cultural resources and hydrology where mitigation measures and a monitoring program were recommended to mitigate these impacts to levels that are not considered significant and a corresponding Mitigated Negative Declaration was prepared. Staff recommends that the Planning Commission recommend to the City Council that it: 1. Adopt the Negative Declaration prepared for Rezone No. 05/34/Major Subdivision No. 05-35. 2. Adopt the Ordinance amending the official Zoning Map for the City of Ukiah to change the zoning on the site from R-3 HDR to R-3 PD. 3. Adopt the Resolution approving Major Subdivision Map No. 05-35 to subdivide the 1.44-acre site into 27 lots.. Commissioner Pruden commented on a finding for subdivision into 27 lots where 24 of these are for "fee-simple" townhouses, and inquired whether the subdivision documents are crafted such that the three remaining lots "must" remain as open space areas. The intent would be to ensure that a new owner could not develop these three lots when they were initially set aside for common space areas for this project. Mr. Lohse stated although the language is not specifically crafted in this regard, The Precise Development Plan that will govern the site indicates very clearly that these areas are designated for common open space. The project can be conditioned to this effect if the MINUTES OF THE PLANNING COMMISSION March 22, 2006 Page 3 Planning Commission thinks it is necessary. The Planning Commission would review as a Site Development Permit in the event the open space area was proposed for development because it would be an expansion of an existing multiple-family project. Commissioner Pruden addressed the height change for the new proposed townhouses from the initial 32-apartment complex development approved for the site, and indicated that Commissioner Whetzel recommends that a disclosure be included as a project condition since the townhouses would be in the Airport approach/departure zone. The disclosure would contain language advising that anyone purchasing the property that they would reside in the approach/departure zone. Commissioner Jennings commented that this was made a condition for the initial project. Commissioner Pruden stated this condition was not made a part of the new proposed project. Commissioner Pruden requested clarification regarding the function of the open space area that lies between the two properties. Commissioner Pruden asked whether the property contains a rear gate and corresponding access lane at the northwest corner because this is not shown on the Site plans. Commissioner Jennings stated this is a fire lane. PUBLIC HEARING OPENED: 6:44:51 PM Jason Brennen, Architect from Ruff & Associates gave a presentation of the project and stated it targets first time homeowners. He addressed the project as follows: · Each house has its own character and would be two-story. · The project consists of a landscaped environment that would be maintained by the Home Owners Association because of single-family homeownership. · There would be open space for children to play and for adults to gather. · The project is less dense than the previous plan. · Each unit would have its own attached two car garage. · The units would have three bedrooms that include a master bedroom/bathroom suite, with two smaller bedrooms and another bathroom on the front half. · Less parking would be required on-site because each unit has a two-vehicle garage. · The buildings will be developed with paved surfaces for driveway access and exterior parking stalls, and with access to the public cul-de-sac terminus for Apple Avenue. · A gate will be located to rear for emergency access, as well as a gate to the entrance of the project. · Both projects will include the same gable and hipped roofs/board and batten-style siding utilizing an Ukiah Vernacular design feature. The Rocha townhouses would use a variety of wood and stucco wall coverings with metal accent panel while the Menton townhouses would utilize shake-style siding on the fronts and metal accent panels. · The project will feature a landscaping design. · Solar panels would be featured on the roof. · As many trees would be maintained as possible. MINUTES OF THE PLANNING COMMISSION Page 4 March 22, 2006 The project is consistent with the R-3 Zoning Standards that limit buildings to a maximum height of 40 feet. The roof pitch would be slightly elevated to accompany the solar system panels. There are varying roof pitches between the two stories. Commissioner Pruden addressed the roof pitches, and noted some oddities on the site plans. It appears for the Menton project that there is an "offset" roof peak, and inquired whether it is a grid. Mr. Brennen stated the vent acts as a passive ventilation system to allow the house to cool itself down. Commissioner Pruden inquired whether the pop-up feature could be replaced with an alternative structure, since there are ways to vent roofs. Mr. Brennen favors the proposed design, which is in response to some of the technologies the applicants desire to incorporate into their overall design concept. The overall intent is to conserve energy by reducing the need for air-conditioning. Commissioner Pruden inquired whether the solar system is for hot water or are the panels photovoltaic. Mr. Brennen stated the design provides for the use of photovoltaic panels. However, Mr. Menton has expressed a desire to possibly investigate other uses for it. Commissioner Pruden inquired regarding the circular objects on the roof. , Mr. Brennen stated the circular objects are sky tubes/solar tubes and pertain to Mr. Menton's project. These allow for natural daylight into areas of the house that would not typically have light, such as hallways. The sky tubes will be place symmetrically on the roof. Commissioner Pruden referred to the three open space lots (25, 26, and 27) for the project, and inquired as to the function of the open space area between the two properties. Mr. Brennen stated this is a common area that would be maintained by the Homeowners Association. Commissioner Pruden requested clarification regarding the lot sizes for the three open space areas. Mr. Brennen stated the lot sizes for the three common areas are generally equal and large enough to provide sufficient space for people to congregate. Mr. Brennen confirmed that the residents would belong to a Homeowners Association. Commissioner Jennings requested clarification regarding the parking arrangement and whether people would park in their garages, in spaces provided, or off-site. Mr. Brennen stated guest parking is provided and.the residents would have their own parking in the garage. No parking is allowed in front of the garage. Mr. Lohse stated no parking would be allowed in the cul-de-sac. MINUTES OF THE PLANNING COMMISSION Page 5 March 22, 2006 Commissioner Pruden inquired regarding the approximate purchase price for the units. tar. Brennen was unable to answer this question at this time. However, the market price would correspond with a first-time homeowner. The units would sell at market rate and they will not be subsidized. Commissioner Pruden observed from the site that the trees would be intermittently planted, and inquired whether they would be primarily located on the north or south side of the subject property. She favored the concept of providing for trees around the perimeter of the project. tar. Brennen stated the trees would be concentrated on the south side of the project. The existing trees would be retained as much as possible. The trees for the Rocha side would provide shade. Commissioner Pruden commented on the project design, and stated no interior landscaping is featured. She understands that the design constraints limit the amount of landscaping that could be implemented and inquired how some landscaping could be created for this area. tar. Brennen stated each unit has a trellis element for vegetation and each unit will have a backyard in addition to the designated common areas that would be landscaped. Planter strips are intended be developed to the entrance of the units. The "hardscape"' for the interior would feature different texturing to break-up the mass/appearance of the asphalt driveway and provide for pedestrian oriented walk-ways for safety purposes. Children would be able to play a variety of activities in the open space areas. Space will be provided near the driveway entrance and along the driveway in the event children are playing in the area as a safety precaution. Commissioner Pruden stated no landscaping plans were filed with the project. She looked at the proposed project as a new one rather than comparing it with the former apartment complex project, and stated the townhouse project is a much better design other than the "hardscape" in the front the structures. Mr. Lohse addressed the issue of requiring the designated open space to remain as such in the event someone/agency decides to purchase all of the units. If this were the case, a PD Ordinance amendment would be required. He stated approval of the Precise Development Plan would be an adequate safe guard in this regard. Additional language can be crafted to this effect. Mr. Lohse addressed the project condition requiring disclosure to the new owners that they would be residing in the presence of an airport will be added prior to going to City Council for approval, as it was inadvertently omitted. This was a required condition for the former apartment complex and should have been brought forward for this project. Chair Mulheren inquired regarding the "shake" roofing material for the Menton project, and asked if this material is fireproof. Mr. Menton stated the shingles proposed for the roof are designed for Iow maintenance, architectural appearance, and durability rather than of a completely fire-retardant composition. The roof material would not be a wood composition. MINUTES OF THE PLANNING COMMISSION March 22, 2006 Page 6 Mr. Lohse asked Mr. Brennen if he would elaborate on the metal accent siding proposed for the project. Mr. Brennen stated the metal siding is an access element containing a mat finish that would be used on the exterior of the units. Mr. Lohse indicated a project condition requires a Final Lighting Plan that would be consistent with the dark sky guidelines of the International Dark Sky Association that would include downcast lighting features as opposed to open globe that would allow light to be cast upward. Commissioner Pruden recommended a minimum of one tree in every backyard to act as a screening barrier that would resemble an urban forest around the perimeter of the property for an additional total of 24 trees. She favors planting a tree species, such as Lombard Populars and Liquid Ambers. The neighbors to the south for the apartment project desired to have trees planted for screening/privacy purposes and recommended this not change for the townhouse project. Mr. Lohse concurred that trees should be planted to screen the parcels on the south because that would be a primary impact to neighbors having a second story unit above them. The southern property line for the Danco property that is contiguous to this project has trees that screen the property fairly well so it is unlikely that one tree in every back yard to screen would be necessary. He recommended that the landscape plan include trees where their screening effects would be most beneficial. It was noted homeowners rather than property owners will be residing in the units and they should be able to decide the type of landscaping that would best benefit them. Chair Mulheren inquired whether there is sufficient space to plant a tree in every backyard. Mr. Brennen will review the matter. He favors leaving the backyard free of trees to allow for landscaping/open space and the planting of a tree in the front area of every other unit or clumping two or three trees together as the matter of providing for sufficient screening on the property. Commissioner Pruden referred to Condition of Approval No. 25, and recommended language be added to reflect that the Final Landscaping Plan require a sufficient screening in areas where privacy is necessary to contiguous neighbors. The trees can be clumped rather than requiring one tree per house provided there is appropriate screening to ensure privacy. The intent is to provide sufficient screening on the property. PUBLIC HEARING CLOSED: 7:'16 p.m. ON A MOTION by Commissioner Pruden, seconded by Commissioner Jennings, it was carried by an all AYE voice vote of the Commissioners present to recommend that the City Council adopt Mitigated Negative Declaration prepared for Rezone No. 05-34/Major Subdivision No. 05-35 with Findings 1-5, as outlined in the staff report. ON A MOTION by Commissioner Pruden, seconded by Commissioner Jennings, it was carried by an all AYE voice vote of the Commissioners present to recommend that the City Council adopt the Ordinance amending the official Zoning Map for the City of Ukiah to MINUTES OF THE PLANNING COMMISSION March 22, 2006 Page 7 change the zoning on the site from R-3 (High Density Residential) to R-3 RD (High Density Residential-Planned Development Combing with 24 townhouses and three common open areas for outdoor recreation, site access, and driveway paving, with Findings 1-12 and Conditions of Approval 1-29 with mOdification of language to Condition of Approval No. 25 that the Landscaping Plan submitted will provide adequate screening in strategic areas in the Planned Development, and with the addition of Condition of Approval No. 30 that requires "at the time of sale, that the sales disclosure reflect the area is the approach and departure Airport zone," as outlined in the staff report, and as discussed above. Commissioner Pruden addressed the rezone change relative to the three open common areas with regard to potential future development, and stated the UMC would trigger a discretionary review hearing so it would not be necessary to condition the project in this regard. Mr. Lohse stated the above-referenced matter changing the existing use of the open space area would require an amendment to the PD Ordinance. ON A MOTION by Commissioner Pruden, seconded by Commissioner Jennings, it was carried by an all AYE voice vote of the Commissioners present to recommend the City Council adopt the Resolution approving Major Subdivision Map No. 05-35 to subdivide the 1.44-acre site into 27 lot with Findings 1-5 and Conditions of Approval 1-6, as outlined in the staff report and as discussed above. It was noted that staff will prepare the specific language for modification of Condition of Approval No. 25 and for the addition of Condition of Approval No. 30. 9B, Major Use Permit No. 05-57, as submitted by Robert Clark, to allow a mixed-sue development that consists of the conversion of an existing residential building into an office building and the construction of a two-story residential duplex on a lot located in the C-1 (Community Commercial) Zone. The subject property is at 533 South Main Street (APN 002-311-190). Associate Planner Lohse addressed the staff report as follows: · The proposed Use Permit will allow a mixed-use development that includes the conversion of an existing residential building into a professional office building and the construction of two townhouse-style apartments. ° An Initial Study was prepared in which it was determined that development of the site with an apartment building and a professional office would cause potentially significant adverse environmental effects pertinent to cultural resources and hydrology. The study includes specific measures to mitigate the effects cited to levels that would be less than significant wherein a Mitigated Negative Declaration was prepared in this regard. · The majority of changes to the existing residential building are internal with some minor outdoor changes, but basically the structure will retain its residential appearance. · Staff's analysis of the project involves the following: General Plan Compatibility MINUTES OF THE PLANNING COMMISSION Page 8 March 22, 2006 ITEM NO.: 9.b DATE: May 3, 2006 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING UKIAH MUNICIPAL CODE PROVISIONS REGULATING MINOR SUBDIVISION OF LANDS WITH LIMITED PUBLIC STREET FRONTAGES SUMMARY: Last year, the City Council conducted a public hearing to consider a request for relief from the driveway access width requirement associated with a proposed two-lot subdivision. The proposal would have resulted in the creation of a new flag shaped lot with no public street frontage and a twenty-foot wide "driveway." Staff supported the request for a ten-foot wide driveway because it would have been more consistent with the widths of other driveways in the neighborhood and with the General Plan goals and policies for preserving neighborhood character. This subdivision project was eventually withdrawn and a redesigned lot division was subsequently approved by the City Engineer, but the difficulties in processing the project definitely showed that changes to the code requirements were warranted. This Agenda Item is intended to change the code requirements to allow the possibility of a minimum twelve-foot wide driveway in these circumstances, and to clean-up redundant and/or inconsistent language in the code. On April 12, 2006, the Planning Commission unanimously approved and recommended that the City Council approve the new amendments to the City Code as proposed. (continued on page 2) RECOMMENDED ACTION: Conduct a public hearing and Introduce the Ordinance ALTERNATIVE COUNCIL POLICY OPTION: Do not introduce the Ordinance and provide direction to staff. Citizen Advised: Legal notice published in the Ukiah Daily Journal Requested by: Ukiah Planning Department Prepared by: Dave Lohse, Associate Planner Coordinated with: Candace Horsley, City Manager and Charley Stump, Planning Director Attachments: 1. Draft Ordinance for Approval of OA #06-11 2. Recommended Changes to Zoning Code Sections 9251-9252 3. Revised Zoning Code and Subdivision Ordinance Definitions 4. Planning Commission Minutes from April 12, 2006 5. Staff Report to Planning Commission APPROVED: rCandace Horsley, City DETAILED PROJECT DESCRIPTION: The approval of the proposed Ordinance Amendment will allow changes to various Ukiah Municipal Code (UMC) sections that regulate minor subdivisions of lands where potential lots would have less public street frontage than required. These provisions are located within both the Zoning Code and Subdivision Ordinance sections of the UMC and the intent of the amendments is to clarify City policies pertaining to such subdivisions and to eliminate the redundant, and sometimes, inconsistent regulations that now apply. Specifically, staff is recommending that the more pertinent regulations pertaining to this increasingly common type of subdivision are combined into one set of regulations that will be used to replace the dated regulations that are now found in the Subdivision Ordinance. This would require the following actions: . Revise the subdivision regulations located in Zoning Code Sections 9251-9252 and Subdivision Ordinance Section 8305 by clarifying the intent of provisions that are confusing and highly interpretable, eliminating provisions that are inconsistent with the intent of the subdivision regulations, providing alternatives to overly stringent access standards, and combining the most effective provisions of the two sections into one consistent set of regulations. The recommended changes are shown in unmarked copy of the draft regulations included as Attachment 1, and a marked copy showing the specific text changes included as Attachment 2; 2. Delete Section 8305 of the Subdivision Ordinance and replace it with the regulations described above; 3. Delete Sections 9251-9252 from Article 19 (Special Situations) of the Zoning Code since this text is now redundant; and 4. Delete the Zoning Code definition for private streets and replace it with new definitions for major and minor access roadways, as shown in Attachment 3. Reduced Access Width: The most substantial change proposed in the ordinance amendments is the development of less intense width and paving standards for roadways that provide primary ingress and egress to one interior lot with out the required public street frontage. Specifically, staff is recommending that in cases where the subdivision will result in a single lot without the required street frontage, ingress and egress to this lot could be achieved with a 12 foot wide "minor access roadway" instead of the twenty foot wide "private street" now required. The revised code sections would also allow the City Engineer to approve alternative paving materials, such as grass pavers or rubberized asphalt that provides better on-site drainage and often looks more attractive than asphalt paving. The existing code requirements for a twenty foot wide utility easement and a 20-foot "major access roadway" for ingress and egress if the roadway serves more than one interior lot without public street frontage will be retained. City staff, including the City Engineer and the Fire Marshal, reviewed the narrower access roadway proposed in this ordinance amendment and concluded the proposed changes will not cause substantial safety access problems. Planning staff has further concluded that these changes will provide more flexibility to design accesses with less pavement and more open areas that are generally more consistent with surrounding neighborhoods. It is also anticipated that the more flexible access standards will provide more consistency with City policies that encourage infill development. Clean-up of Redundant and Inconsistent Regulations: In analyzing the regulations discussed above, staff reached the conclusion that these sections were often redundant in their intent, but not identical in their phrasing and requirements. This combination of similarities and differences has made the application of the regulations difficult to apply when a project is submitted, and requires the processing of both an exception and a variance when an applicant wishes to deviate from the standards. Therefore, staff crafted the proposed amendments to clarify their intent and provide one clear set of regulations that can be applied to minor subdivisions on lands without the required public street frontage. The most obvious redundancy in the existing code requirements are the highly similar regulations found in the Zoning Code and the Subdivision Ordinance. After careful consideration, City staff agreed that these regulations should be consolidated into one concise set of regulations within the Subdivision Ordinance since the majority of the regulations pertain to the establishment of building sites that require the approval of a minor subdivision map. In order to accomplish this goal, staff first went through both sets of regulations to determine which were entirely redundant or entirely different, and which were dated and no longer effective. Then staff identified those regulations that should be clearly retained and merged them into the amended text included as Exhibit 1 of the draft Ordinance (Attachment 1). In order to more comprehensibly describe the recommended changes, a brief description of Subdivision Code Section 8305 as revised by staff follows: . The introductory paragraph of this section consists of the intent text taken from the Zoning Code section proposed for deletion. The existing Subdivision Ordinance text does not contain specific intent language and staff feels it is important to clearly express why the regulations are required. . Subsection A was also transferred from the deleted Zoning Code sections since the existing Subdivision Ordinance requirements do not contain the requirement that each building site has a minimum area of 5,000 square feet, which is clearly the intent outlined in the UMC. , Subsection B requires that agreements for a 20-foot wide easement shall be furnished to allow for the connection of utilities, drainage facilities, and the development of an access roadway to the lot without the required public street frontage. Easement requirements run intermittently throughout the Zoning Code and Subdivision Ordinance standards and staff consolidated these various requirements and added a new requirement for a drainage easement. Staff also removed all language that indicates these private easements would be public easements or require the City to conduct maintenance of the utilities or roadways within these easements. Clarifying language for exceptions to easement width was also added to thiS section. 4. Subsection C further clarifies that the property owner shall be responsible for the installation of all utilities, drainage facilities, and access roadways required to serve affected properties. . Subsection D requires that facilities for the drainage of surface waters are provided for the affected properties and that they are designed and constructed in accordance with City standards. Currently, neither the Zoning Code nor Subdivision Ordinance sections address drainage issues directly. . Subsection E requires the construction of an access roadway to any lots without the required public street frontage, as discussed above. This section also defines surfacing requirements and setbacks from paved areas more precisely. . Subsection F retains the requirement for a scale map showing the location and area of all easements and the location of the access roadway within the easements, which is currently required in the Subdivision Ordinance but not the Zoning Code. In addition to the amended regulations, staff eliminated other regulations that did not seem particularly pertinent to minor subdivisions. These include Subdivision Ordinance and Zoning Code requirements for the provision of authority to the City to perform maintenance on roadways and utilities and the installation of a "private street" sign. CONCLUSIONS: Planning staff conducted a thorough review of the UMC sections that pertain to minor subdivisions and finally concluded that these sections are confusing, highly interpretable and sometimes contradictory, which makes their application exceedingly difficult. The proposed amendments will, in staff's opinion, provide a clearer interpretation of the Code for both staff and the public and greater adherence to the Code's intent to allow the division of large lots that do not have the required public street frontage. RECOMMENDED ACTION: Conduct a public hearing and Introduce the Ordinance. ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE UKIAH MUNICIPAL CODE FOR THE CITY OF UKIAH, CALIFORNIA The City Council of City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9265 of the Ukiah Municipal Code, the zoning text for the City of Ukiah is amended to delete Sections 9251-9252 form Article 19 (Special Situations) and Street, Private from Article 21 (Definitions), Section 9278 from the Code and add revised text to Article 18 (Minor Subdivision), Section 8305 and Article 1.1 (Definitions) of the Municipal Code's subdivision ordinances, as shown on the attached Exhibit A. SECTION TWO These amendments to the Ukiah Municipal Code of the City of Ukiah are necessary to establish more concise and efficient regulations for the division of lands involving lots with limited public street frontage and to provide more flexible access standards that will allow lot development that is consistent with City infill policies. SECTION THREE The City of Ukiah determined that the proposed amendments will not cause adverse environmental effects and are, in fact, exempt from the provisions of the California Environmental Quality Act. SECTION FOUR This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on ,2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: ,2006, by the following vote: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk EXHIBIT A §8305: REQUIREMENTS FOR MINOR SUBDIVISIONS WITH PROPERTY NOT ABUTTING A DEDICATED AND ACCEPTED CITY STREET: When any lot or parcel of land does not comply with the definition of a "building site" as defined the subdivision ordinance solely for the reason that it does not have its principal frontage on a public street, road, or highway, which has been accepted as such, it may nevertheless be considered to be a "building site" when the lot is developed in conformance with the requirements listed below. A. Lots without the required public street frontage shall have a minimum net area of five thousand (5,000) square feet in each building site, exclusive of all lands developed with easements or flag-lot configurations. B. The property owner shall furnish to the city easement agreements which shall allow for the connection of utilities, drainage facilities, and the development of an access roadway between the dedicated street and any property with no public street frontage. The minimum width of the easements shall be twenty feet (20'). Exceptions may be made to the required width of easements if recommended by the planning commission and approved by the city council with a determination that the development of an easement with a lesser width is consistent with the findings for exceptions outlined in the subdivision ordinance. Co The property owner shall at his/her own expense, install within such easements all utilities, drainage facilities, and access roadways required to serve the properties created by the subdivision. D. Facilities for the drainage of surface water shall be provided for the properties created by the subdivision. All such facilities shall be designed and constructed in accordance with City design standards or other design methods approved by the city engineer. E. Within and throughout the length of said public utility easement the owner shall construct an access roadway in accordance with the following requirements: la. A major access roadway shall be constructed to provide ingress and egress between the dedicated street and two or more lots with less public street frontage than required in the subdivision ordinance. This roadway shall have a minimum surface width of twenty feet (20'). lb. A minor access roadway shall be constructed to provide ingress and egress between the dedicated street and a single lot with less public street frontage than required in the subdivision ordinance. This roadway shall have a minimum surface width of twelve feet (12') and may be used for joint access to the property created by the subdivision and an abutting lot with existing public street frontage if the city engineer determines that the minor access roadway will provide reasonable and safe access for both lots. , The surface for any access roadways between the dedicated street and properties created by the subdivision shall consist of a minimum of two inches (2") of asphaltic concrete over a minimum of six inches (6") of Class II aggregate base material or other all-weather surfacing materials which the city engineer determines will provide equivalent standards of accessibility and durability. 3. The area used for any access roadway between the dedicated street and properties created by the subdivision shall not be considered as part of any building site or be used as any required yard area for the purpose of determining the net area for any of the lots. 4. A building setback with a minimum width of five feet (5') shall be maintained from the edge of pavement for any access roadway. 5. The owner of the property shall execute an agreement holding the city harmless from any and all claims, demands, liabilities, and damages arising from the use of said access roadway by himself or any other parties. , The owner of the property shall execute such document or documents as are necessary to render the entire cost of maintenance of the access roadway and all drainage structures located therein to become a lien on said property, prorated on an area basis, and shall give the City authority to perform any maintenance work on the private roadway and such drainage structures located therein should the owner, his successors or assigns fail to maintain the private roadway and such drainage structures therein, the cost thereof to constitute a lien on said property prorated upon an area basis. F, A scale map shall be submitted with any application for a building permit and shall set forth the following: 1. The location and area of all easements granted to the city. 2. The location of the access roadway within the dedicated easement, stating the grade of the access roadway to be installed, the location of any utilities and drainage facilities, and any other information the city engineer deems pertinent to the proposed development of properties created by the subdivision. ATTACHMENT 2 RECOMMENDED CHANGES TO ZONING CODE SECTIONS 9251-9252 9251' BUILDING SITE NOT HAVING PRINCIPAL FRONTAGE ON ACCEPTED STREET: When any lot or parcel of land,,., ~'' ..,,..'-"'- .-,-...-.oh~.,.....,..,..,,,~., does not compl with the definition of a "building site" as defined in o""*~"'- no?~ ..~ ,~,~o ..~,o~,,... ly ....................... ~...., sole for the reason that it does not have its principal frontage on a public street, road, or highway, which has been accepted as such, it may nevertheless be considered to be a "building site" the E B. The property owner shall furnish to the city a-utility easement which shall · Th ' C. The property owner shall at his/her own expense, install within such easements I 11~4 VVvIvI III IV~ II I II IVIU~II I~) U~ IIV~ II III~V~ ~v) vv~VI VVI IIVI I I I~1 IVy Villi I ~1 IV , ~ ..................................... rice.,,~ _,-qy = ' n I I~ ~11 ~111~1~ ~v II I~llv~ V~l~l II V~ vi III~III~II~IIV~ ~11~ ~Vl~l~ll~ ~1 ~11~ ~lll~] ~ III~IIV~. 2-1 G. D. Facilities for the drainage of surface water shall be provided for the ii i ~,,~%,~ i i i ~.~ i i i i i~11 i ~.~%,~ viii. ii 1~. E. Within and throughout the construct requirements: th of said public utility easement the owner shall in accordance with the following . The surface shall consist of 3 minimum '-¢ o~v ~,,,.~,..~ t~,,\ %.~1 i iVVl i Ul i ~lUVVl vi %.,~1.1 iVl iil~.,~t..Vl i~.~11~,~ !!1 ilVl i, ii i i.i iv v~.~llll%.~l i vi i.i iv Vll..~I, vi i~11 iVVl } ~ 5; The owner of the property -~',-~,,;,,,- ~,',- o ~,,,',~;,-,, .,.,~,~,~, ~,~ ,~,~o 7,,.,.. ~,~ ~ '"']"'!"'7'"'~ '"-" '"' '"'"'""-'"'~1 I"""'''"" ,~,-,,-,~,-~,,-,,-r,~,~...,.,,.,~.,,,,.,,. shall execute an agreement holding the city harmless from any and all claims, demands, liabilities and damages arising from the use of said access roadway by himself or any other parties. 2-2 The owner of the property shall execute an ~4~1V~.?I I I~11 $.~ !~111Vl I ~A~ I ~i?VI I I~1~11 ~. UI I~iAII I I I~! ~1 ~,~11~.~ ~ Iii VVl I1~,~11 ~.~i 11~4 I ~ ~,V VV ~.~r ~, VI I~11~.~ I I VI I I ~F I I v s.,4 L%,~ I ~1~4~14 v v 1~41~ I~411 ~.~l Uil ~.4 I ~b,4 I I I I~4~ V ~..~ b I ~4 V I,%~11 V~./~ !~4 I I~.d vi I~.AII The owner '',~ ,h,..,..,,,..,,,, a,-,,..,h,in,-, ~,.,,,- ~ k,,ih4in,~ r~z~rrwi* ,,,-,~1,-,,- the *"-"o '-f ,hlc- v, ~,,,., ~.,,v~,,.,,~7 ~"r"l"'.Y"'~ "-" ,~,.~,,,.,,,,~ ~,v,,,,,~ ,.,,,,.~v, ~v,,,,,., ,.,, ~,,,,~ H. A scale map shall be t~eeeRte~ with any the owner's application for a building permit and shall set forth the following: 1. The location and area of the-u-t-ii~y ~! easements re-be granted to the city. , ........ within the easement, stating the grade of the and any other information pertinent to the proposed development of Tk,-, a,-,,-,,-,n~an,-,,-, ~: a , ,~;li~, ,~aoz~rw,~nf f,~r Tk~ I I IV ~VVV~I IVV VI ~ U~IIIL~ V~4VVI I IVI lb IVl LI IV (Ord. 793, ~, adopted lg~, ~L~y I~/I I v t~4 LV N.,/bi VV ~. %./I I K.,,411 I IVql. IM,~V VV I I V Iq~l V I ~,./%.4 ~M4 ~.7 t.4 Iv/I,,M41 · vi ~,411,~ u~,4 I I~MI i i i'~ si/ v VI 2-4 ATTACHMENT 3 REVISED UMC DEFINITIONS PROPOSED SUBDIVISION ORDINANCE DEFINITION AMENDMENTS: s80 sUita~e BUILD NO S~E DERNED: Building site means any area of a lot for C~n~mctiqg a ~ilding or buildi~s, S80 -- "MAJOR ACCESS ROADWAY" DEFINED: "M~lor access roadway" means a right of way, easement, or Other privately owned thoroughfare that affords the primary means of access between a dedicated street and two or more lots with less public street frontage than required in the subdivision ordinance. S80 "MINOR ACCESS ROADWAY" DEFINED: "Minor access roadway" means a dght of way, easement, or other privately owned thoroughfare that affords the primary means of access ~n a dedicated street and a single lot with less public street frontage than required in the subdivision ordinance. PROPOSED ZONING CODE DEFINITION AMENDMENTS: ON A MOTION by Commissioner Pruden, seconded by Commissioner Jennings, it was carried by an all AYE voice vote of the Commissioners present to approve Mitigated Negative Declaration for Minor Subdivision 05-44 and for Major Variance 05-48 and for Subdivision Exception 05-59 with Findings 1-5, as outlined in the staff report. ON A MOTION by Commissioner Pruden, seconded by Commissioner Jennings, it was carried by an all AYE voice vote of the Commissioners present to approve Major Variance 05-48 with Findings 1-8 with modification to Findings Nos. 3 and 6 to reflect that the variance is granted due to the unusual configuration of the larger block which is a trapezoid, as provided for in the staff report, and as discussed above. IOA. Ordinance Amendment No. 06-11, as initiated by Planning and Public Works staff. The proposed project would modify the Ukiah Municipal Code (UMC) zoning and subdivision ordinance standards for private streets that provide access to lots with no public street frontage. Planning Director Stump addressed the project intent as follows: · Approval of the proposed Ordinance Amendment will allow changes to UMC sections that pertain to the processing of minor subdivision maps involving one or more proposed lots with no or limited public street frontage so as to clarify City policies pertaining to site access for lots with limited public street frontage and to eliminate redundant and/or inconsistent regulations within the Municipal Code. The proposed changes to the Zoning Ordinance and Subdivision Ordinance are necessary in order to be consistent with the Ukiah General Plan goals and objectives. The changes include the following: * Revise the existing regulations in Zoning Code Sections 9251-9252, as shown in Attachment 1 of the staff report. * Delete the Zoning Code definition for "Street, Private," as listed in Zoning Code Section 9278, and adding new definitions for Building Site; Major Access Roadway; and Minor access Roadway to Article 1.1 (Definitions) of the Subdivision Ordinance, as shown in Attachment 2 of the staff report. * Delete the existing regulatory text from Section 8305 of the Subdivision Ordinance and replace with modified regulations of sections 9251-9252 of the Zoning Code, as shown in Attachment 3 of the staff report. A change to the Subdivision 'Ordinance requirement is necessary in circumstances where property is being subdivided and one of the lots does not have street frontage. Changing the language that currently requires the driveway to be 20-foot width would allow for a 12-foot width as an acceptable standard. He commented on a recent project where the Code compelled the applicant to propose a 20-foot wide paved driveway that would access the rear portion of the property being subdivided. Staff questioned the regulation that if an applicant is subdividing a 12,000 square foot lot on the west side area of town possibly creating one new additional building site behind an existing house, that a 20-foot wide access driveway would be required to serve the new building site. Staff concluded that a 20-foot wide driveway is "too wide" and conflicts with the Ukiah General Plan goals/objectives for preserving the residential neighborhood in the community. The Fire Department agrees that a 12- foot wide driveway is an acceptable standard. Staff's intent in this regard is to make the standards more reasonable in situations involving a subdivision of property in the residential zone that would create a flag lot or parcel having no street frontage to MINUTES OF THE PLANNING COMMISSION Page 5 April 12, 2006 allow the construction of a driveway to serve these lot configurations rather than construction of a "street" and/or driveway having a 20-foot width. The remaining proposed changes would provide consistency with governing documents by creating language that does not conflict with itself and "clean-up" of language for portions of the Zoning and Subdivision Ordinances. The City Public Works Department has also recommended some language changes pertinent to the matter of drainage and other related issues. The staff report indicates that proposed Ordinance amendments are exempt from CEQA review, but it does not cite a number or rationale. Staff has concluded that the general CEQA rule for CEQA applies that if a project clearly would not have a significant effect on the environment, it is simply exempt according to Section 1506 (1). As noted above, the proposed project involves clarifying of language and the change relevant to allowing for a 12-foot driveway as an acceptable standard for flag lots or parcels having no street frontage would not be harmful to the environment. Commissioner Pruden made the following inquiries: · There is no discussion of curb cuts or abutting sidewalks and questioned whether this pertains to another section. Mr. Stump replied "yes," and there may be future changes proposed in this regard. There is no longer discussion regarding length of driveways between minor and major access roadway, and questioned whether this factor is not considered significant. Mr. Stump stated this would not be factor if a person is creating only one new building site for a minor roadway or for a major access roadway with two or more lots. The factor that controls/dictates length and width would pertain to such issues as fire protection and/or the number of lots/homes the driveway would potentially serve. Commissioner Pruden stated the fact that the access road terminates at the property line removes it from the context of being an alley or lane because it implies that a terminus exists, which is not accessible at more than one point. Mr. Stump concurred with the above statement. · Requested clarification relevant to page 2, section E(a) and whether a driveway is considered a major access roadway if it serves two parcels. Mr. Stump stated a driveway is considered a major access roadway if it serves two or more parcels without street frontage. Commissioner Pruden inquired whether a minor access roadway is considered just a standard driveway and serves only one parcel. Mr. Stump stated the existing lot may be served by the street, whereby a flag lot is created and only one lot has to be served by the minor access driveway. MINUTES OF THE PLANNING COMMISSION Page 6 April 12, 2006 Commissioner Pruden further inquired if a project were to consist of a minor subdivision of a 12,000 square foot parcel into two 6,000 square foot lots, whether the project would require a minor or major access roadway, as defined in Attachment 2 of the staff report. Mr. Stump stated the matter would depend upon if the access way was going to provide access to one or two lots without street frontage. The roadway could provide access to only one lot or to both lots. Commissioner Pruden inquired when the 20-foot wide access roadway would be required. Mr. Stump stated the access roadway must be 20-feet wide if it is to serve two or more parcels that do not have public street frontage. Commissioner Pruden cited two examples in town, the first being two parcels existing side by side both having street frontage and the other being two parcels with the one of the parcels located to the rear of the property having no street frontage. City Engineer Eriksen stated access to the first example would be considered a standard driveway rather than an access roadway. He commented on the second example where the second driveway was proposed at a "substandard" 12-foot width rather than the standard 20-foot width, and referenced Attachment 1, sections l(a) and (b), Attachment 2, and Attachment 3 section El(a) and (b) that have recommended revised text change to maintain consistency with the Zoning Code and Subdivision Ordinance provisions. Zoning Code Amendment - Attachment 1 Section l(a) and Subdivision Ordinance Amendments - Attachment 3 Section El a state, "A major access roadway shall be constructed to provide ingress and egress between the dedicated street and two or more lots with less public street frontage than required in the subdivision ordinance. The roadway shall have a minimum surface width of 20 feet." Zoning Code Amendment - Attachment 1 Section l(b) and Subdivision Ordinance Amendments - Attachment 3 Section El b state, "A minor access roadway shall be constructed to provide ingress and egress between the dedicated street and a single lot with less public street frontage than required in the subdivision ordinance. This roadway shall have a minimum surface width of 12 feet and may be used for joint access to the property created by the subdivision and an abutting lot with existing public street frontage if the City Engineer determines that the minor access roadway will provide reasonable and safe access for both parcels." Zoninq Code Definitions-Attachment 2: Buildinq site is defined as any area of a lot suitable for constructing of building/buildings. Major access roadway is defined as a right of way, easement, or other privately owned thoroughfare that affords the primary means of access between a dedicated street and two or more lots with less public street frontage than required in the subdivision ordinance. Minor access roadway is defined as a right of way, easement or other privately owned thoroughfare that affords the primary means of access between a dedicated street and a single lot with less public street frontage than required in the subdivision ordinance. Mr. Eriksen stated while a 20-foot wide access roadway is the standard width required, a minor access roadway having a 12-foot width may be acceptable provided there is reasonable and safe access for both lots, as determined by the City Engineer. The access driveway must also comply with fire safety and utility issues. Therefore, the 12-foot width is MINUTES OF THE PLANNING COMMISSION April 12, 2006 Page 7 only acceptable if the City Engineer makes that determination based upon whether the minor access roadway can provide safe and reasonable access. Mr. Stump acknowledged that even though a minor subdivision must go through the discretionary review process, an applicant no longer has to seek an exception or a variance to construct a 12-foot wide access driveway provided the project meets the standards required. Mr. Eriksen stated although the minimum standard is 12 feet, an access roadway can have a width up to a maximum of 20 feet, depending upon the nature of the project and whether the City Engineer can make the determination that the standard proposed is acceptable based on fire department and utility recommendations. Therefore, 20-feet is required while 12-feet is acceptable if determined to be reasonable and that no exception/variance is necessary. Commissioner Pruden inquired regarding a situation where the property is land locked and an easement is granted off the street and whether the driveway standards apply since the matter is not technically a subdivision. Mr. Eriksen replied "no," because the matter must comply with the provisions of the subdivision ordinance. · Questioned the reduction in lot splits from 6,000 square feet to 5,000 square feet, as 6,000 square feet is the minimum parcel size that can result from a lot split. Mr. Stump stated the above inquiry pertains to building site area, which is defined differently than the required minimum parcel size of 6,000 square feet. Commissioner Pruden clarified then that the driveway is not considered part of the square footage for a lot. No one from the audience came forward to speak during the public hearing. ON A MOTION by Commissioner Pruden, seconded by Commissioner Whetzel, it was carried by an all AYE voice vote of the Commissioners present to recommend that the City Council approve the new amendments to the City Code as proposed. Commissioner Whetzel stated according to information he received from the Planning Institute, cities are emphasizing narrower streets with wider sidewalks in subdivisions. This approach contributes to traffic calming with emphasizes on off-street parking. The intent is to discourage off-street parking and keep the streets narrow so that people slow down and adequate pedestrian access provided. Commissioner Jennings inquired whether the above amendments would be applicable to such subdivisions as the Hull/Piffero because multiple parcels would need servicing. Mr. Eriksen commented that the amendments pertain to minor rather than major subdivisions. Major subdivisions would require 20-foot wide access roadways to the parcels. MINUTES OF THE PLANNING COMMISSION Page 8 April 12, 2006 City of Ukiah STAFF REPORT TO THE PLANNING COMMISSION ORDINANCE AMENDMENT No. 06-11 ITEM NO. 10-A Meeting Date: April 2006 PROJECT SUMMARY: The approval of the proposed Ordinance Amendment will allow changes to Ukiah Municipal Code Sections that pertain to the processing of minor subdivision maps involving one or more proposed lots with no or limited public street frontage. The primary intent of these modifications are to clarify City policies pertaining to site access for lots with limited public street frontage and to' eliminate redundant and, in some cases, inconsistent regulatior~s within the Municipal Code. Proposed changes consist of the following: Revising the existing regulations in Zoning Code Sections 9251-9252, as shown in Attachment 1 of this Staff Report; Deleting the Zoning Code definition for "STREET, PRIVATE", as listed in Zoning Code Section 9278, and adding new definitions for BUILDING SITE; MAJOR ACCESS ROADWAY; and MINOR ACCESS ROADWAY to Article 1.1 (Definitions) of the Subdivision Ordinance, as shown on Attachment 2 of this Staff Report; and Deleting the existing regulatory text from Section 8305 of the Subdivision Ordinance and replacing it with the modified regulations of Sections 9251-9252 of the Zoning Code, as shown in Attachment 3 of this Staff Report. PROJECT LOCATION: The proposed amendments would apply to properties City-wide. ENVIRONMENTAL DETERMINATION' The Environmental Coordinator determined that the proposed Ordinance Amendments are exempt from the provisions of the California Environmental Quality Act (CEQA). GENERAL PLAN and ZONING DESIGNATIONS: The proposed amendments would apply to properties city-wide, which are designated with a variety of land use designations. PROJECT DESCRIPTION: City staff recently processed several conceptual and proposed minor subdivisions with limited public street frontage and encountered several problems that caused projects to be withdrawn or delayed. As a result of these problems, staff determined that the Ukiah Municipal Code sections that govern such land divisions are often redundant and not entirely consistent with each. other. As a result of this situation, the processing of minor subdivisions has proven to be confusing for staff, applicants, and interested members of the public, and is overly-reliant on interpretive decisions that require more time to process and more public hearings than is typically warranted for minor land divisions. In order to address these problems, staff is proposing a number of modifications to the existing Municipal Codes sections pertaining to the division of lands with limited street frontages. The primary intent of these changes is to clarify City policies and regulations for such divisions, eliminate redundant regulations found in Subdivision Ordinance and Zoning Code sections, and place the modified regulations into the Subdivision Ordinance, which governs all land divisions in the City. These changes are outlined in Attachments 1-3. Planning Commission Staff Report for OA 06-11 ! The primary change to the minor subdivision regulations is the development of less intense width and paving standards for roadways that provide primary ingress and egress to single lots with no public street frontage. The intent of these changes is to provide more flexibility to design lower-use accesses with less pavement and more open areas that are generally more consistent with surrounding neighborhoods. It is also anticipated that the more flexible access standards will provide more consistency with City policies that encourage infill development. The proposed amendments apply to various Code sections, but the primary changes involve the deletion of the existing regulations from Subdivision Ordinance Section 8305, modifications and additions to the text in Zoning Code Sections 9251-9252 (Special Situations) and the incorporation of the modified regulations into the more applicable Subdivision Ordinance Section 8305. Staff is also recommending the deletion of the "private street" definition from the Zoning Code (Section 9278) and the placement of several modified or new definitions in Article 1.1 of the Subdivision Ordinance. STAFF ANALYSIS General Plan Consistency Prior experience indicates that the majority of applications the proposed amendments will apply to will involve land in residentially zoned areas of the city. However, the proposed changes are not limited to any specific General Plan land use designations and Planning staff reviewed the development criteria spelled out in the Land Use Element for each land use designation, and staff did determine that the proposed ordinance amendments are consistent with these criteria. The proposed amendments would also allow land divisions that are consistent with Community Design goals and policies for the preservation and enhancement of neighborhood character since they will provide opportunities to design access roadways that are more consistent in appearance and overall neighborhood compatibility than the existing regulations typically allow. Staff also reviewed the recently revised Housing Element and considers the development patterns permitted by the proposed amendments to be more compatible with this element's goals for using 'infill' lots for residential development. Staff also reviewed the project's consistency with the other elements of the General Plan and found no inconsistencies with any of these goals and policies. Based on this determination and the consistency with the elements discussed above, it is the opinion of Planning Department staff that the proposed townhouse planned development is consistent with the Ukiah General Plan. Consistency with Ukiah Subdivision Ordinance Staff considers the proposed amendments to be highly compatible with the existing regulations that apply to minor subdivisions. In fact, they have been written with the intent of eliminating confusing, and in some cases inconsistent, redundancies between these standards and the Zoning Code standards that also apply to such subdivisions. Consistency with Zoning Code Standards The proposed amendments are intended to revise and eliminate inconsistent and outdated Zoning Code sections that pertain to land divisions on lands with limited public street frontage and place these regulations in the Subdivision Ordinance where they are generally more applicable. These revisions will also allow more consistent and clarified standards for dividing such large lots and provide greater flexibility in complying with the intent of the individual zoning districts in which it could apply. Planning Commission Staff Report for OA 06-11 Planning staff reviewed each of the zoning districts and found no inconsistencies between the proposed code revisions and the existing land use and development standards, and no changes to any of the standards is proposed in this project. Based on these fac[ors, it is the opinion of Planning staff that the proposed amendments will provide a higher level of consistency between the applicable Zoning Code and Subdivision Ordinance regulations and make their application during the minor subdivision more efficient and consistent than the current regulations allow. PLANNING DEPARTMENT RECOMMENDATION Based on the Findings listed below, the Planning Department recommends, that the Planning Commission recommend to the City Council that it: . Adopt Ordinance No. amending the Ukiah Municipal Code's zoning and subdivision ordinance to provide a more concise and efficient set of regulations for the minor subdivision of lots with limited public street frontage. RECOMMENDED FINDINGS The proposed Ordinance Amendments are consistent with applicable General Plan standards since they will conform to the siting criteria and other development standards for individual land use designations of the Land Use Element; are consistent with the Housing Element goals for utilizing infill development for residential housing, and are consistent with Community Design goals for preserving and enhancing the aesthetic characteristics of existing neighborhoods located throughout the city; , The proposed Ordinance Amendments provide Subdivision Ordinance regulations that are generally more consistent with the Ukiah General Plan and will allow a more concise, consistent,'and efficient application during the design and processing of minor subdivisions involving lots with limited public street frontage; 3. The proposed Ordinance Amendments remove regulations from the Zoning Code that are redundant, and in some cases, inconsistent with other code provisions, and replace them with revised Subdivision Ordinance regulations that are more concise, consistent, and efficient; and 4. The adoption of the proposed Ordinance Amendment will not cause adverse environmental impacts, and are in fact, exempt from the provisions of the California Environmental Quality Act (CEQA). ATTACHMENTS: 1. Proposed Text Amendments to Zoning Code Sections 9251 and 9252 2. Revised Zoning Code and Subdivision Ordinance Definitions 3. Amended Text for Subdivision Ordinance Section No. 8305 Draft Ordinance for Approval of OA #06-11 REPORT PREPARATION' This Staff Report was prepared by Associate Planner Dave Lohse Planning Commission Staff Report for OA 06-11 3 AGENDA SUMMARY ITEM NO. 10.a DATE: May 3, 2006 REPORT SUBJECT: CONTINUED DISCUSSION AND CONSIDERATION OF AN ORDINANCE REGARDING CAMPAIGN REFORM- BALDWIN, RODIN Council requested to continue their discussion from the April 19, 2006 meeting on campaign reform as presented by Vice Mayor Baldwin and Councilmember Rodin (Attachment 1). Also attached for Council's consideration are comments from the City Clerk regarding potential department impacts and supporting documentation. RECOMMENDED ACTION: campaign reform. Discussion and possible consideration of an ordinance regarding ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1 -Councilmembers Baldwin and Rodin Letter- April 14, 2006 2 - City Clerk Memorandum - April 27, 2006 APPROVED! Candace Horsley, City~anager ATT~HM~ TO: UKIAH CITY COUNCIL MEMBERS FROM: PHIL BALDWIN & MARl RODIN RE: CITY CAMPAIGN REFORM ORDINANCE DATE: April 14, 2006 We are pleased to present a comprehensive comparison of 11 cities' campaign finance ordinances as well as substantial background information on campaign finance reform in general. We hope this proves useful in considering an ordinance for Ukiah. As you will see, we have changed several elements of the proposal. The key elements in the revised proposal are the following: · A $100 limit on campaign contributions from individuals, businesses, and independent committees; · Public disclosure of contributors who donate $50 or more to a campaign; The creation of a voluntary "Fair Campaign" program wherein participants agree to a campaign spending cap of $5,000. A participant in the "Fair Campaign,' program may identify himself/herself as a "Fair Campaign Candidate" in all campaign literature and advertisements, official ballot statement, receive space on the City website for photo and 500-word statement, receive mention in a City news release of "Fair Campaign" candidates. Additionally, the City would pay fifty percent of the ballot statement cost for those candidates agreeing to the voluntary spending limit. · No anonymous contributions; and · City Clerk scanning of FPPC filings until City has the financing to implement electronic filing. If you are interested in information, you might review the National Civic League's website at www.ncl.orq or the Center for Governmental Studies at http:llwww.c.qs.or.qlproiectslpoliticalreformlindex.html#campai.qn. For information specifically regarding how to write campaign reform ordinances, please see http://www.brennancenter.org/pro.qrams/pro.q ht manual.html. We also have on hand the ordinances of all eleven of the cities reviewed in the chart. We have those available upon request. At our last subcommittee meeting, we discussed a process for our discussion on Wednesday evening that would balance the need for public input and council discussion with our desire to move forward promptly and efficiently. With these competing needs in mind, we propose the following: first, we briefly present the chart that compares different cities' ordinances and the elements of our proposal for Ukiah; second, we ask for public comment; and third, we as a Council discuss each element of the following proposal in order. After briefly discussing each element, we then assess if there is agreement by at least three members for that element or some variation of it. Then we move on to the next element. Hopefully, by the time we reach the end of the proposal, we will have clear direction to give our city attorney for the crafting of a draft ordinance. Ukiah City Council · April 14, 2006 Page 1 , PURPOSE ANDINTENT: 1. To avoid the exercise of undue or improper influence, or its appearance, over elected officials by contributors to or independent supporters of political campaigns; 2. To promote integrity, honesty, and fairness in municipal election campaigns; 3. To encourage wide citizen participation in municipal elections; 4. To inform the public of the sources of campaign contributions and expenditures; 5. To supplement the requirements of state law with regard to the reporting of campaign contributions and expenditures; and 6. To limit the ever-increasing cost of municipal election campaigns. In view of these purposes, the city council finds that a voluntary campaign spending limit will help minimize the overall cost of municipal election campaigns, that a $50 disclosure requirement will encourage integrity, honesty, and fairness, and that a contribution limit of $100 per individual contributor per candidate will advance the city council's goals of preserving citizen confidence and participation in the municipal election process, minimize increases in the overall cost of municipal elections, while preserving the First Amendment rights of citizens to express support for particular candidates and points of view. CAMPAIGN CONTRIBUTION LIMITS: . , . . A limit of $100 per adult or business to each candidate or recall campaign during the election cycle (described below). An election cycle is the period during which contributions may be collected. A limit of $100 per adult or business to an independent committee which directly or indirectly, receives contributions or makes expenditures or contributions for the purpose of influencing or attempting to influence the action of the voters in a municipal election for or against the nomination or election of one or more candidates or recall (hereafter "Independent Committees") during the election cycle. Limitation of in-kind contributions or gifts to be used in campaigns to $300 for professional services and $300 for material items of any kind, based on estimated fair market value, for candidates and Independent Committees. Contributions by a person and his or her spouse shall be treated as separate contributions and shall not be aggregated. Contributions by unemancipated children are reputably presumed to constitute contributions by their parents and attributed either one- half to each parent or entirely to a single custodial parent. For the purposes of this ordinance, election cycles begin March 1 preceding a November election and October 1 preceding a June election. They end at 5 pm on the Tuesday prior to an election. This last day of the election cycle (the Tuesday prior to an election) is also the date on which all candidates must file a 3rd campaign statement. 6. No contributions may be accepted after the 3rd campaign statement is filed. Ukiah City Council · April 14, 2006 Page 2 7, No carryover of campaign funds from one election cycle to another. Leftover funds may be donated to a non-profit organization, the City general fund, or be reimbursed to campaign contributors on a pro rata basis. Loans--other than commercial bank loans--are considered to be regular contributions. VOLUNTARY SPENDING LIMITS: All candidates who have either a minimum of $500 in their campaign treasury or who have collected 200 signatures from registered Ukiah voters supporting their candidacy are eligible to participate in the City of Ukiah's voluntary "Fair Campaign" program. Participants in the program must accept a voluntary campaign spending limit of $5,000 by signing an agreement. All participants in the Fair Campaign program will receive: a. 50% of the cost of the ballot statement. b. Free inclusion of candidate photograph and up to 500-word statement displayed on the City's web site. c. Mention in a City news release within one week of election filing date of their participation in the voluntary "Fair Campaign" program. d. The option of using the designation "Fair Campaign Candidate" in their campaign literature and in their ballot statement. CAMPAIGN CONTRIBUTION AND SPENDING DISCLOSURE: 1. No anonymous contributions allowed. 2. Disclosure of name, address, occupation or type of business required for donations between $50 and $1004. City clerk will scan all FPPC campaign filing forms so they are available for the public to review. The City will make electronic filing of all campaign statements possible as soon as it is financially feasible. 4. These disclosure rules are to apply for all ballot measures as well. DISCLOSURE ON MASS MAILINGS, PRINT AND RADIO ADVERTISEMENTS, AND TELEMARKETING/POLLS Candidates and Independent Committees taking part in the Fair Campaign program must disclose on any mass mailings, telemarketing/phone banking of more than 50 people, radio advertising, television advertising, or opinion polling that they are a "Fair Campaign Candidate". Candidates and Independent Committees who decline to be part of the Fair Campaign program must disclose in mass mailings, electronic advertisements, and in telephone polling that they declined to participate in the voluntary spending limitation program. They must also disclose their five largest contributors with their occupations and whether 40% or more of contributions are from outside of Mendocino County. On written material this disclosure must be in at least 12-point font. [ The California FPPC already requires filing and public disclosure of all campaign spending and of cumulative contributions to either candidates or Independent Committees of $100 or more from individuals, businesses, or Independent Committees. This disclosure applies to ballot initiatives, referenda, and recall campaigns as well. Disclosure must include name, address, and occupation or type of business or organization. The FPPC also requires that candidates keep an official, auditable record of the amounts, names, addresses, for all donations between $25 and $99. Ukiah City Council · April 14, 2006 Page 3 ENFORCEMENT AND PENALTIES Penalty for late submittal of FPPC filing is $500 per calendar day, or any portion of a calendar day, after the deadline, if the total budget for the campaign is within the $5,000 voluntary spending limit. If the total budget for the campaign is over $5,000, the candidate will be liable for $500 per calendar day, or any portion of a calendar day, after the deadline, or an amount equal to the total funds received (donation or loan) in the last filing period, whichever is the greater amount. Penalty for failing to properly or accurately report contributions and expenditures will be three times the amount he/she fails to properly report or unlawfully contributes, expends, accepts, gives or receives, or $500 per violation, whichever is greater. , In addition to any other civil or criminal penalty under this ordinance, a winning candidate found legally to be in violation of this ordinance may be required to relinquish the seat won. OTHER 1. Severability clause. (If one portion of the ordinance is found to be invalid, the whole ordinance will not be found to be invalid.) Ukiah City Council · April 14, 2006 Page 4 ATTACHMENT~ . MEMO TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila ~/~'~Z-~.~.~-.~-~-.--~' ~~[~-~2t.~ SUBJECT: Campaign Reform DATE: April 27, 2006 This memo is in response to the Council Subcommittee Report submitted at the April 19, 2006 Council meeting regarding possible procedures for implementing campaign reform within the City of Ukiah. In particular, I would like to address one of the "key elements" with regard to "City Clerk scanning of FPPC filings until the City has the financing to implement electronic filing". As you may be aware, one key duty of the City Clerk during an election year is the Filing Officer for all Fair Political Practices Commission (FPPC) campaign forms as well as ensuring that certain campaign forms are filed with the Secretary of State's office. After the filing date for nomination papers has ended, these forms are available to the public for review. During my eight years as the City Clerk in Ukiah, there have always been a few requests by the public to review candidates' campaign statements as well as all financial filings, both to the FPPC and to the Secretary of State. Please note that many of these forms may contain multiple pages. The City Clerk must keep a log of all filings by candidates, committees, as well as campaigns for ballot measures. A survey conducted this month of the California City Clerks Association by the City of Petaluma revealed that out of 47 cities responding to the survey, 12 cities post FPPC forms to their web site, two cities use a community network or other link in which to post, one city no longer posts, leaving the majority of the cities responding to the survey indicating that they do not post any FPPC forms to their web site. As you can see by a review of the survey, most of the cities that post to their web sites are fairly large cities and their City Clerk is a full time employee with staff. I was able to contact five out of the 12 cities that currently post to their web site. All of the City Clerk's indicate that their staff performs the scanning/posting (or the IT Department conducts the posting). Page 1 of 6 Memo: 4/27/06 Currently, I am a part-time employee (32 hours per week) and have no staff. Our Administrative Support staff has a full work Icad. I contacted our new Web Designer, Suzanne Hernandez, regarding this matter and she indicated that it would take her approximately six hours to set up our web site for posting these forms. However, there are several unknown factors that would need to be resolved: 1. Would all applicants be required to complete their forms by typing as opposed to longhand? There is no guarantee that optical caricature recognition (OCR) during the scanning process on Laserfiche would be reliable if the forms are completed in longhand. An option would be to establish a "pdf" file for filing documents. - See Long Beach response to survey. This would require further investigation by our Web Designer. 2.A procedure regarding the format of the web site would need to be addressed. 3. The issue of redacting addresses and phone numbers from documents (a copy of the document, not the original) prior to scanning and posting to the web site. Staff would need direction with regard to this matter. 4. Research should be conducted regarding the issue of privacy- see Fresno and Milpitas responses to the survey. 5. Since the Ukiah City Clerk is the City's Filing Officer for campaign statements and is a part-time employee, time is very limited. A determination would need to be made as to which staff member would be assigned to perform these duties? This could be a labor intensive project. 6. Research the option of a community network group posting these documents to the Internet. A link could be established on the City's web site so the public could view these documents. - See Davis and San Jose responses to the survey. 7. For a review of how the city of Petaluma is posting these documents, please go to the City of Petaluma's web site (address is located on the last page of the survey). Petaluma redacts documents posted. All of the cities make these forms available at the City Clerk's office for review bythe public and make copies upon request. The forms received from the City Clerk's office are not redacted. Attachments: City Clerk's Survey of Campaign Statements on the Internet Memo: Campaign Reform response Page 2 of 2 Memo: 4/27/06 ATTACI.IME~~ Whittier We don't post any FPPC forms on the City's website. Newport I post them as I receive them. I redact addresses for contributors on the 460's. Beach Westlake We don't post statements on our website. Village Seal Beach Currently our community has not requested this information be made available on our website Sunnyvale We are just now going through the training to get 700's scanned and loaded on the web for our Council (only) at this time. In speaking to FPPC, there is no ruling for a need to redact anything on that form. San Dimas I do not post online. If anyone wishes to see them, they are available in my office. Palo Alto Palo Alto doesn't post any of those statements on the web. Irvine I do not post any of them - I maintain a running list of contributions and expenditures and the forms are on file in my office - because there are addresses of other individuals involved on the 460's I don't post on the internet Chino We don't post the statements on the internet. Murrieta We don't post, but I'm interested in your results, especially the redacting. Oxnard Oxnard is just beginning the process. I am going back about 4 years and scanning all campaign forms. I will probably not wait for the ID number this coming election but go ahead and scan and post immediately. Truckee No, we have not been posting them to our website. Cupertino We post all campaign statements specifically related to the election, which includes the Candidate's statement on Form 700. They are posted within 24 hours after the deadline for filing, and we redact phone numbers, street addresses and email addresses. Because the Secretary of State's ID number is usually scribbled across the top, the uninitiated reader wouldn't understand it anyway, so I don't bother to repost if the ID version arrives later. However, a hard copy is kept in the public binder for people who come in to make copies. Concord We don't post any of those forms. They are available for public viewing if a customer comes into the office, but they aren't posted to the web. Davis The City of Davis does not post any statements on our website. We have a community network group that we provide copies to and they post them to their website. It has worked out quite well in the past. Norco We currently do not post campaign statements, but this is definitely something that I am interested in doing in the future. Pittsburg We do not post any campaign statements on the website. Gilroy We do not post any campaign statements on the Internet for the City of Gilroy. Fort Bragg We don't post any of them. Lafayette I have not posted these forms in the past but would be very interested in the responses you receive to your questions. Duarte In Duarte, we do not post FPPC forms on our website - however, they are available in the office for viewing and/or copies. Redlands We don't post them at all .... maybe someday but not yet. Palmdale We do not post at the City of Palmdale -- yet! Fresno We used to post the 460's of both candidates and incumbents, but when the privacy issue came up, that stopped. The requirement to redact the addresses of contributors made it much too labor/time intensive due to the volume of contributors, as well as the number of candidates. Redwood all Campaign Statements are posted and nothing is redacted since it is all public City record. The posting occurs as quickly after filing as possible. Oakley We do not post these on our website. Cloverdale I do not post on our web site ... Not yet anyway..until further direction that is.. Hanford We do not post them. Hayward This is Hayward's first experience with posting the statements on our website. We're posting only the 460s or 470 of our candidates for the June election and not redacting anything. I'm interested in what others are doing. Long Beach Long Beach only posts the 460s. Our system is electronic whereby candidates and incumbents enter directly into the system or upload to the system. This is the web site if you'd like to take a look. http://www.longbeach.gov/apps/efs/ Riverside At this time the City of Riverside does not post campaign statements on our website. Bakersfield We post all of those listed as soon as I have reviewed them Hollister We do not post the forms on our website. Mountain We post all the forms you noted below plus other forms that are submitted by View candidates. We do not post forms submitted by seated Councilmembers. Santa Clara We post them as soon as we receive them. We do not wait for the number. We redact the addresses. Laguna Hills We do not currently post any of the FPPC forms on our Webpage. Milpitas This is an urgent topic in Milpitas. We are required by our "Open Govt. Ordinance" here to post 460s and more urgently, the annual Form 700 SEIs. There is a section of our City's website that will be called "Public Access" where there is a link to publicly posted, stored at an internet location, many documents. An outstanding issue is the home address/home phone number, and whether these should be redacted. The City Attorney asked me to prepare a form of permission slip, to post documents with that info. particularly from Commissioners and City employees on the Form 700. When all of this does go online, live, I'd be happy to refer you to our website. Martinez None. Ontario We do not post at all. San Jose We have a contract with NetFile, who hosts an on-line service for voluntary filers. Addresses are automatically redacted. It's a database so all the information goes in to the system. We have the ability to scan and link as well. Novato 460, 496 & 497's. Berkeley Please find a link to our campaign statement page attached. We post all but redact addresses of contributors: http://www.ci.berkeley.ca.us/elections/campaign/default.htm Monrovia Monrovia does not, at this time. Eureka As yet, I have not felt the need to post campaign forms on the city's webpage, and am not considering it. Bellflower Bellflower does not post any of its campaign statements on its website. San Clemente None Hesperia At this point we do not put any forms on the website. AGENDA SUMMARY ITEM NO. 11 .a DATE: May 3, 2006 REPORT SUBJECT: DISCUSSION AND CONSIDERATION OF RESTRICTING DOGS, SMOKING, HIGH-BACK CHAIRS, AND BARBEQUES AT THE SUNDAYS IN THE PARK CONCERTS Councilmember Baldwin has asked to agendize a discussion and consideration of restricting/regulating smoking, dogs, high-back chairs, and barbeques at the Sundays in the Park Concert Series. The Sundays in the Park Concert Series is an extremely popular event and attracts between 2,500 to 5,000 people per concert. As the popularity of the series has grown, staff has taken a number of precautions to ensure the safety and enjoyment of those who attend. Some of these steps include designating a dance area and announcing from the stage to "please smoke at the perimeter of the event and keep dogs on leashes." For the most part, staff promotes a good neighbor philosophy when dealing with issues and believes that most people are able to find peaceful resolution to conflict with their fellow patrons. However, in some instances, it is recognized that there may be health, safety and/or nuisance issues that warrant the need for formal policy. However, discretion should be exercised when considering new policies for the Sundays in the Park since they could have significant impacts on staffing and the overall success of a well established event. Continued on Page 2 RECOMMENDED ACTION: 1. Provide direction to staff regarding restricting dogs, smoking, high-backed chairs, and barbeques at the Sundays in the Park Concerts. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Spencer Brewer, Sundays in the Park Concert Promoter Councilmember Baldwin Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager 1. Proposed Restriction Zone Map APPROVED:' ~~ Candace Horsley, Cit~Mana~er Dogs Council has previously discussed and acknowledged the safety issues regarding dogs at large events, specifically the Sundays in the Park Concert Series. The concerts are an atypical environment for most animals, and the large crowds and unusual noises can add stress resulting in abnormal and unpredictable behavior. Dog owners, even with a leashed animal, are not able to walk through the event without their dog coming into contact with other people and/or other dogs. While Council had initially considered banning specific breeds, after discussion and public input, the consensus from Council was to consider restricting or prohibiting all dog breeds from the event. Council asked for the item to return for additional discussion prior to the next concert series. As with most large events including fairs and other concert venues, dogs and other pets are prohibited due to safety issues. Staff continues to support restricting dogs from the Sundays in the Park. Smoking While smoking at the event is not currently prohibited, an announcement from the stage prior to the start of the concert asks patrons to be respectful of their neighbors and smoke at the perimeter of the event. Smoking policies and laws have become much more restrictive with the recognition of the negative health issues associated with secondhand smoke. While California Labor and Health & Safety Code have established uniform baseline laws restricting or limiting smoking, many jurisdictions have enacted more stringent policies/ordinances in public places including parks. These laws range from increasing the minimum distance from playgrounds to all out smoking bans. Most public and private outdoor concert venues do not allow smoking in the main event area, however, some do offer designated smoking areas. If Council wishes to consider a smoking restriCtion, staff would recommend that smoking be restricted in the main event area, but allowed at the perimeter. Barbeques Many patrons enjoy a picnic style dinner during the concert. For some, this includes the use of personal barbeques to cook. While there are certainly potential nuisance issues regarding barbeques (specifically the smoke generated from cooking), there have not been a significant number of complaints. In very few instances, staff has had to ask for a barbeque to be moved or extinguished because it was clearly a disturbance either due to its proximity to the stage and/or the amount of smoke generated from the cooking. In all cases, the individual has complied with the request. As with dogs, staff believes that barbeques present a significant safety concern for concert patrons in the main part of the venue, especially children. Unlike the developed picnic table and barbeque areas in the park, personal barbeques are not clearly identifiable. In addition, there is the potential for severe injury from direct contact with the barbeque or hot ash/coals left behind at the end of the event. Even though there has not been a documented injury from barbeques in the history of the series, staff believes that it is probably only a matter of time and would recommend a proactive decision to restrict personal barbeques in the main event area. High-Back Chairs There is no assigned seating at the concert venue and those arriving first at the venue get their choice of viewing areas. In fact, many people will layout a blanket or set up chairs hours in advance to reserve an area. While no one likes to have their view obstructed, most individuals using high-back chairs do so because of age or medical conditions that make it difficult to sit on a blanket or a lower level beach chair. In most cases, individuals utilizing high-back chairs are respectful of other patrons and sit towards the perimeter of the crowd. Staff and concert organizers have not received enough complaints or concerns at this time to warrant a staff recommendation for a formal policy to restrict high-back chairs. In addition, there are a number of enforcement issues that would arise with these types of restrictions, including the criteria used to determine what is and what is not a high- back chair. In addition, there may be ADA issues with regards to allowing appropriate types of seating for individuals with medical conditions. Recommendation for a Restriction Zone If Council wishes to establish a restricted zone for dogs, smoking and/or barbeques, staff recommends establishing a zone that includes the northern portion of the park where the majority of concert patrons gather in mass. For easy of posting, educating, and enforcement, staff also recommends establishing the same set boundaries for each restriction. Staff has included as Attachment #1, a map of the proposed zone that would work for restricting dogs, smoking, and/or barbeques. The southern portion of the park would remain open to normal park usage without these new restrictions. Council will need to approve an ordinance in order for staff to enforce a restriction or prohibit an activity in the park during the concert series. Attachment #1 Sundays in the Park Possible Restriction Zone for Dogs, Smoking and/or Barbeques 0 AGENDA ITEM NO: 1 t.b MEETING DATE: May 3, 2006 SUMMARY REPORT SUBJECT: DISSCUSION AND DIRECTION REGARDING THE MANAGEMENT AND REPORTING REQUIREMENTS FOR THE CITY OF UKIAH PUBLIC BENEFITS PROGRAM BACKGROUND: AB 1890, passed in 1996, established the Public Benefits Program (PBP) requirement through 2001. AB 995, enacted in 2001, extended the requirement for all California utilities to continue funding PBP through 2011 and provides Publicly Owned Utilities (POU) guidance on the minimum percentage of their total revenue requirements needed for funding PBP in the years 2002 through 2011. The City of Ukiah offers various PBP which utilize resources from the Public Benefits Fund (PBF). These programs consist of the following: 1. Low Income Assistance 2. Senior Assistance 3. Energy Efficiency Incentive Rebates 4. Weatherization Incentive Rebates 5. Photovoltaic (solar) Incentive Rebates This past year the City of Ukiah electric customers have increased the utilization of these programs. As a result the Public Benefit Service Accounts were increased by $107,400 at the mid-year budget review. SUMMARY: At the March 15, 2006 city council meeting staff was asked to review Ukiah's PBP in order to revise and update it. Staff has had various discussions with the Northern California Power Agency (NCPA), POU, consultants, and local builders. The city's planning and electric department have also been working together in order to consider incentives to support 'green building' projects which utilize various high energy efficient appliances and building materials. In addition to reviewing the current PBP offered by the city, staff has been working with NCPA and their consultants on new state mandated reporting requirements. These reports enumerate various cost and energy saving measures as a result of utilizing funds for PBP and will require a Continued on Page 2 RECOMMENDED ACTION: Direct staff to prepare a Request for Proposal for managing the City of Ukiah Public Benefits Program. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide city staff with other direction. Citizens Advised: Prepared by: Coordinated with: Attachments: N/A Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager 1. Development and Operation of Public Benefits Programs Appr°ved' ~ ~le~~, Manager whole new procedure and monitoring system not currently in place. As the City is required to have a report filed with the state by December, 2007, we must put procedures into place and begin recording the data according to the new standards immediately. An outline of the steps needed to revise the city's Public Benefits Program and comply with state mandated reporting requirements is outlined on Attachment 1, Development and Operation of Public Benefits Programs. The city does not currently have on staff a person with the appropriate technical expertise specifically trained in this field to revise and operate the PBP. The fully loaded annual cost for a staff position would be approximately $60 to 70,000. Another option is to contract for the services. Staff was given the following 'ballpark' numbers for a consultant to do this work; a one-time fee of $5,000 to revise and setup the city's PBP with a yearly cost of $35,000 for a 'turn-key' PBP, including but not limited to brochures, an '800' customer service number to respond to customer inquiries, in- home energy audits, rebate processing, data collection, recordkeeping, mandated reporting, etc. is also outlined in Attachment 1. The benefits of using a contractor is a lower cost to the PBF per year, coordination of all the activities and data for reporting purposes, availability of experts in energy efficiency techniques and audits, and access to software that will formulate our data into the required state format. Staff recommends hiring a consultant via a Request for Proposal for Professional Services in order to provide a 'turn-key' management system for the City of Ukiah and is requesting Council approval of this action. ATTACHMENT.,~_, / .... OI3. · · · · ~ Z m Z ITEM NO: 11.c DATE: May 3, 2006 AGENDA SUMMARY REPORT SUB3ECT: DISCUSSION AND DIRECTION CONCERNING THE DEVELOPMENT OF A GREEN BUILDING PROGRAM SUMMARY: Staff has been exploring the concepts of Green Bui/ding and has had a discussion with a local contractor about providing education and possible incentives for building with a green perspective. The Planning Commission recently discussed the topic and expressed interest and enthusiasm towards the development of a local green building program. This Agenda item is intended to provide the City Council with information regarding the concepts of Green Bui/ding, and to solicit ideas about developing a Green Bui/ding education and incentive program. What is Green Building? Green Building is a whole systems approach to the design, construction and operation of buildings - from the early stages of development through the final finishes in the home. This approach benefits both builders and homeowners by reducing resource consumption and improving livability. Green building benefits are spread throughout the systems and features of the home. Green buildings use recycled content building materials, consume less energy and water, have better indoor air quality and use much less wood fiber than conventional homes. Green homes reduce potentially carcinogenic volatile organic compounds and formaldehyde from the interior and construction waste is often recycled and remanufactured into other building products. (continued on page 2) RECOMMENDED ACTTON: Discuss developing a Green Bui/ding education and incentive program and provide direction to Staff. ALTERNATI'VE COUNCI'L POLI'CY OPT]~ON: Provide alternative direction to Staff. Citizen Advised: Interested persons and organizations Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and David Willoughby, Building Inspector Attachments: :L. Green Buildinq: Architecture and Desiqn 2. Case in Point: Northgate Apartments APPROVED: Green Building is just applied common sense. It is helpful to think of green building as the convergence of three fundamental objectives: 1. Conserving natural resources 2. Increasing energy efficiency 3. Improving indoor air quality TS it More Expensive to Build Green? While green building and its environmental benefit are becoming more mainstream, it is commonly assumed that green building features and products translate into additional costs. Skeptics often argue that it's difficult or even impossible to build green without paying a big cost premium. But real world examples show that you can construct a green home for as little as 2 percent more in upfront costs. What is often overlooked is the added value that green building contributes to the home; energy efficiency, improved indoor air quality, healthier homes for the family, and durability. The energy upgrades alone usually result in an immediate payback through lower monthly energy costs. Moreover, some studies suggest that the higher upfront cost can be recovered through faster lease-up rates, rental premiums and increased market value. Who is Building Green? A wide range of players are becoming interested in and involved with green building practices, including: Designers and Architects are finding a growing market for green design and construction, and are quickly gaining expertise in the area. Builders are becoming increasingly familiar with green building issues, as clients seek projects using more environmentally responsible materials, more efficient fixtures and appliances, and more healthful finishes and furnishings, and are requesting that builders conduct on-site recycling of construction and demolition debris. Locally, Menton Builders has been using green building techniques for over twenty years, and other local builders have been using alternative materials and building techniques for many years. Vital Systems, a natural building and design company recently relocated to Ukiah and is interested is working with the City to develop an educational program. Retailers and Manufacturers of energy-efficient and environmental products are developing and selling products that are easier on the environment and building occupants than conventional products. Building Owners and their tenants are seeking living and working spaces that are less environmentally damaging, cheaper to maintain and operate, and less harmful to human health. Federal, State and Local Governments increasingly are embracing green building principals and practices, and some are developing policies that require that new or renovated buildings they own or operate be constructed according to green building minimum standards. The Civic Center annex building on Clay Street utilizes photovoltaic technology to supply much of its energy needs. In December 2004, the Governor of the State of California issued Executive Order S-20-04 endorsing green building and calling for the development of a Green Building Action Plan to reduce energy consumption. Many communities have responded by developing incentives or requiring new construction or remodeling projects to use green building techniques. What Communities Have Developed Green Building Programs? In the State of California, seven cities rank in the top twenty nationwide for sustainability/green building programs, policies and performance. These include: #1 - San Francisco #3 - Berkeley #5 - Santa Monica #9 - Oakland #15 - San .lose # 16 - Sacramento # 18 - Los Angeles Closer to home, Alameda, Marin, and Sonoma Counties have all taken a leadership role with green building programs. In 2001, Marin County adopted a comprehensive set of programs designed to increase energy efficiency and the use of solar and other renewable resources. The program, known as Bu//d/ng Energy Effic/ent Structures Today (BEST), also provided technical assistance to encourage green building techniques. :In 2002, Marin County produced New Home Construction Green Building Guidelines, which were based on a similar set of guidelines produced earlier by the Alameda County Waste Management Authority & Resource Reduction and Recycling Board. In 2004, the Sonoma County Waste Management Agency produced both Home Remodeling and New Home Construction Green Building Guidelines, which were modeled after Alameda and Marin's products. ]in Sonoma County, just about every City has adopted some sort of green building program. The larger cities such as Santa Rosa, Rohnert Park, and Petaluma have adopted voluntary programs, whereas some smaller cities such as Sebastopol and Cotati have adopted mandatory green building programs. The voluntary program in Santa Rosa has experienced tremendous success recently when Christopherson Homes embraced the concept of green building and has emerged as a building industry leader. Their Ragle Ranch development in Santa Rosa has voluntarily used green building siting, design and construction techniques. Ukiah Green Building Program Staff would like to develop a local green building program that would focus on education and incentives. The program could include the following: PHASE 1: Green Building Discussions with City Leaders and Conduct a Public Forum The first Phase of the program includes preliminary discussions with both the Planning Commission and City Council to discuss green building concepts, and to seek support for developing an education and incentive program. It could also include a Green Building Forum with guest speakers describing their various experiences with Green Building programs and projects. We have made contact with the IVlanager for the Green Building Program in Santa Rosa, who has expressed an interest in participating in such a forum. We would like to also contact and invite a green building architect/designer, as well as a contractor experienced with green building construction. PHASE 2: On-Going Public Information and Education The second phase of the program could include providing information to the public via the City's website and at the Building Division information counter at the Civic Center. Ongoing education opportunities would also be made available to Staff to increase its awareness and knowledge of green building materials and techniques. PHASE 3: Development of a Formal Program and Incentives Phase 3 could include the development of a formal program that could include incentives to builders to use green building materials and techniques. It could also include a green building "inspection" process, where an independent certified green building inspector, hired by the developer/contractor, could inspect the project and "grade" or "rate" it for its degree of "greenness." If the project receives a high green grade, a certificate could be issued declaring it an official green building. Other communities use this or a similar type of inspection program, and in many cases, builders are experiencing an increase in value of the project due to its green certification. Many communities develop incentives for green builders. These include the inspection and certification program, expedited plan check and review, Title 24 waivers, rebate programs for installing energy efficient appliances, public recognition and awards programs for green builders and projects, planning and building permit fee reductions, and free technical consultation. The City of Burbank developed a Bus/ness Bucks Program where they conduct a free energy survey of small and mid-sized business buildings, looking at lighting, air conditioning, refrigeration, insulation, motors, water heating and the building envelope. A brief report is prepared listing recommended energy-efficient retrofits. Each recommendation includes the cost to perform the retrofit and anticipated annual energy savings. If a business chooses to implement the recommendations, the City conducts the installation work at no cost to the business (business buys materials, appliances, etc.), and pays the business a $1,000 incentive payment. CONCLUSION: Staff is interested in developing a green building education and incentive program. Green building is a Smart Growth implementation tool that can provide a win-win for builders, developers, property owners and tenants. It's an emerging approach to building that is being embraced worldwide as costs for construction materials and fuel skyrocket. Green building conserves energy, water, and other natural resources, results in lower energy costs for homeowners and renters, and creates safer and healthier living environments for home owners, renters, and other building occupants. Staff believes that providing information and education about green building materials and techniques, as well as incentives to property owners and builders can significantly enhance our local quality of life. GREEN BUTLDTNG Architecture & Design Attachment No. I The Big Picture Buildings produce roughly a third of carbon dioxide emissions and other emissions that harm air quality. Additionally, buildings generate waste during construction and operation; can have poor indoor air quality, affecting worker health; and often don't consider the impact made on the community through increased transportation, sprawl, and cultural and historical impact. By integrating natural resource, human health, and community concerns into building design and construction, architects and designers can create buildings that are cleaner, healthier for occupants and the environment, and which deplete fewer resources. Context Because traditional buildings consume large amounts of energy and other natural resources and can harm the environment around them, there's a swelling interest in building more eco-sensitive structures. And sustainable design strategies and measures are constantly evolving and improving. New technologies are continually introduced to the marketplace and up-to-date scientific research influences building design strategies. Getting Down to Business Some green building practices need to be part of a building from the ground up. Other practices fit nicely into renovation and building upgrades. The varying options mean that most any business can build green. Examples include: Lockheed Missile and Space Company's building in Sunnyvale, Calif., was designed to be energy efficient by using daylighting, sloped ceilings (which bring daylight deep into the building), an inner floor-to-ceiling atrium, and exterior "light shelves" on the outside of the south facade of the building, which reflect light onto the interior ceilings. Daylighting has saved Lockheed approximately 75% on its electric bill. The energy-efficient improvements added about $2 million to the cost of the $50 million building; energy savings are nearly $500,000 per year, providing a four-year payback. Tnternational Netherlands Group bank's 540,000-square-foot headquarters in Amsterdam integrates passive solar heating and ventilation, cogeneration and waste heat capture, daylit office space and interior cores, water-efficient landscaping and rainwater cisterns, and is close to most employees' homes. Benefits realized include 92% reduction in primary energy use compared to conventional building of similar size, employee absenteeism reduced by 15%, and an estimated energy savings of $2.9 million. Cafe Flora, in Seattle, Washington, recycled an existing on-site building to build its restaurant, using recycled paint and recycled concrete in the retaining wall and as a base course. The cafe also has window glazing that conserves energy, Iow-toxicity paints and finishes, formaldehyde-free fiberboard, and a variety of other energy-efficient measures. The building uses 21% less energy than code requires. Savings are achieved through heat recovery from the refrigeration system, special lighting installations, daylighting, efficient fans, and efficient space heating. Key Players Designers and architects recognize a niche in green building and are quickly gaining expertise in the area. Retailers of energy-efficient and environmental products are developing and selling products that are easier on the environment than traditional products. From Iow-toxic paints to recycled carpet, most building material retailers sell products through catalogs, online, and in select retail outlets. The Upside of Building Green · Financial savings resulting from wiser use of resources. · IVlaterial costs can be lower if reusing materials. · Waste disposal costs also may be lower, both during construction and operation. · Tax incentives offered by some cities, counties, and states for green building. · Reduced environmental impact from using fewer resources and producing less waste. · Improved worker productivity and health from more efficient lighting, improved air quality, less-toxic chemicals, and improved employee satisfaction and well-being. · Higher building value from lower operating costs, reduced turnover, and increased property value. · Increased sales and customers if the facility is a more pleasant place to shop or if customers choose to do business with an environmentally conscious company. Reality Check ]:nnovative building strategies have variable first costs and operating costs, depending on the degree of complexity, materials incorporated, and the novelty of the building approach. ]:nitial costs can range from free to prohibitively expensive. A short-term building occupant may not see any payback, as savings generally match the original investment in three to five years, l~n addition, the design and construction process can take longer than in traditional building as the participants become familiar with and implement green building practices. Action Plan There are hundreds of specific building techniques and products to integrate into a green building. The most important consideration is balancing economic input with environmental benefit. Some qeneral steps: · Gather a multi-disciplinary project team. · Compose a vision statement that focuses on goals. Establish a code that builders must follow (non-degradation of site, containment of stormwater runoff, etc.). · Set a budget and schedule. · Research applicable laws, codes, and regulations governing renovation or building. · Assess building site characteristics (light, water/drainage/soil, air flow, and natural environment). · Choose materials -- investigate the cradle-to-grave environmental performance of proposed materials. · Construct with minimum impact and waste. · Have the building commissioned -- assesses whether systems perform as they should and looks for deficiencies in the building and its systems before and after occupancy. Specific green buildinq ideas: · Choose a building site with access to natural light and shade. · Implement daylighting, sloped ceilings, inner windows/atriums, and other passive solar techniques. · Use recycled-content products. · Reduce dependence on air conditioning and heating systems by using natural light and shade as well as building features to store heat and cold. · Avoid building materials with volatile organic compounds. · Pay attention to the culture and history of the community as well as past uses of the building (if it is a renovation). · Research financial incentives and regulations that facilitate green design. Bottom Line Green buildings typically are healthy buildings. They also often are profitable buildings, boasting reduced energy and maintenance costs. However, constructing or renovating buildings in an environmentally responsible manner requires a great deal of planning, as well as educating and prodding architects and contractors to seek greener materials and construction techniques. While their resistance at times may seem formidable, many companies have worked successfully with construction professionals to reduce the impact of their buildings. Source: GreenBiz.com . Cas '.Point ~[orda61o Northgate Apartments is an innovative "smart growth" project which incorporates a variety of Green Building techniques, including using as little vinyl as possible. Situated on an infill site in urban Oakland, large, family-size affordable housing has been created. Northgate Apartments is part of the City of Oakland's "10K Initiative," a redevelopment plan to build housing for 10,000 in downtown Oakland. Northgate Apartments has received support from the Telegraph- Northgate Neighborhood as well as Urban Ecology. Project Summary > Location: 2301 Northgate Avenue, Oakland, California ~' Completion date: December, 2003 >' Owner/developer: Northgate Grand View, L.P. / Resources for Community Development >- Architect- Thomas Dolan Architecture ~' General contractor: J.H. Fitzmaurice. Inc. Other: Title 24 calculations by Gabel Associates, LLC View facing courtyard Project Description Northgate Apartments is located on the comer of 23rd Street and Northgate in the Telegraph- Northgate neighborhood of Downtown Oakland. The neighborhood contains a mix of residential and commercial, single family and multifamily, small storefront shops and larger businesses. The project is in close proximity to bus lines and a Bay Area Rapid Transit (BART)station, health facilities, shopping, schools, and within ten blocks of Lakeside Park, Lake Merritt, and other recreational facilities. ¢. G~E~, AFFORDAgLE HOt. SING COALITION Published FEBRUARY 2004 [MF-002] The project began construction in October 2002 and completed construction in December 2003. The project is a Tyoe V (wood frame) four stor~, structure above a Type I (structured podium concrete) parking garage. The architectural style of the building is contemporary., and the design is focused around a central courtyard. The courtyard provides open space and encourages resident interaction and community building. The residential portion of the building wraps around the courtyard, buffering the site acoustically and visually from the adjacent freeway. The building also contains a community room for residents, laundry, room, resident manager and services offices, and both ground and roof landscaping. Northgate Apartments serves low income and very-low income families. An on-site services coordinator helps access social services for the tenants. The programs target both short and long-term goals related to educational or job training (unless employed), house meetings, peer support groups, parenting support groups, and recovery groups, if appropriate. Planning, Design, and Development Process Courtyard, facing south, allows natural sunlight exposure The architect acted as the main driving force behind the green project. Knowledge of Green Building techniques was an important factor for the quality of this project. Ensuring that these techniques and specifications were met was vital for Fiber cement and stucco siding provides a the success of this project. good substitute for wood or vin. vl siding The General Contractor was actively involved with the value engineering. For example, one of the major changes that occurred was the decision against installing in-floor radiant heating. This was determined unsafe because the concrete would have been too heavy for this multi-story' complex. Among the green features that were incorporated to Northgate Apartments, the developer strongly specified against the use of vinyl. Therefore, there is no vinyl applied to the interior finishes. GREEN AFFORDABLE HOUSING COALITION 2 of 8 Published FEBRUARY 2004 By the Numbers Sustainability Goals Energy. and Atmosphere: Minimize occupant energy consumption and reduce costs and maximize energy-related points with the Tax Credit Allocation Committee, which requires a project energy' budget 15% more efficient than Title 24 Materials and Resources: Incorporate durable materials, sustainable resources. materials rich in recycled content, recycle-ability and low environmental impact; minimize the use of vinyl in major areas Health and SafeD': Promote good indoor air quality' by minimizing use of products containing vinyl and VOCs Site and Community.,: Maximize utilization of the urban infill development; minimize the project's demand for additional resources that would impact the communi~; mitigate proximity to transportation infrastructure; promote resident self- sufficiency Interior view: High recycled content carpet © GREEN AFFORDABLE HOUSING CO.,-XLITION _3 of 8 Published FEBRUARY 200d · · · · · · ._ ,,.- (2.) ~=~ o ,.-- ~ -- ~, '-' · ..m ~ .- · · mm · · · Z Z [N~F-O02] Lessons Learned The project illustrates the importance of selecting an architect who fully understands Green Building and is commit-ted to putting it into practice. For a successful Green Building project, the architect must understand and be knowledgeable of Green Building techniques. The architect must be dedicated to making sure the goals that were set during the design process are met during construction. In this case, the architect chose the specifications and checked that the submittals matched up. For example, the architect was able to catch the near-installation of conventional insulation and instead instructed the use of formaldehyde-free insulation. Thus, the architect's on-site presence provided an important measure of quality control. The project is also a useful example of working together as a team towards a common goal. For a project to be successfully Green, a mutual understanding of this goal must be shared by the developer, architect, and General Contractor. During the value engineering process, the General Contractor considered the projects Green Building objectives when developing cost cutting recommendations. The project benefited from the teamwork. The end result is good quality construction. The materials were chosen carefully, considering factors such as low environmental impact, durability and residents' health. During the design and development process, many on-site factors posed obstacles. The final plan is space efficient and is sensitive to the existing landscape. The close proximity to freeways and BART. while convenient for residents, represented particular design challenges to minimize noise and '~'isual disturbances. The project is a good example of a design solution that is not invasive to the given site while also being aesthetically pleasing. For more information :> Project contact: Lisa Masumi Motoyama Senior Project Manager Resources for Community Development 2730 Telegraph Avenue Berkeley', CA 94704 (510) 841-4410 x19 (.510) 548-3502 (Fax) motoyama@RCDev.org > Website: http://www.rcdev.org/ Gas water heater, 95+% energy efficient GREEN AFFORDABLE HOUSING COALITION 7 of 8 [MF-O0'~ About the Green Affordable Housing Coalition We are a coalition of San Francisco Bay Area public-sector and private-sector professionals committed to incorporating Green Building practices into the construction, operation, and maintenance of affordable housing. Through education and outreach, we promote the use of construction materials and practices that conserve .energy and water; minimize construction waste; use resource-efficient materials; promote good health for both the construction workers and the occupants; are durable and easily maintained; are integrated to the site and region; and enhance housing affordability. Success in this endeavor will produce economic and quality-of- life benefits for tenants, improve the financial bottom line for property owners, and generate economic and environmental benefits for the local, regional, and world community. For more information about the Coalition, visit our website at x~v,~'.greenaffordablehousin.o~.or2 or call Bruce Mast at 510-271-4785. , - -' Disclaimer Development of this case study was funded by California ratepayers under the auspices of the California Public Utilities Commission. Contents are provided for general education and informational purposes only and do not constitute an endorsement, appro,,al, or recommendation of any kind. The actual suitability and applicability, of this information for a given use depends upon a host of project-specific considerations. The Green ,Affordable Housing Coalition disclaims all warranties, express or implied, and strongl,v encourages the reader to consult with a construction professional and/or product supplier before applying any of this information to a specific use or purpose. GREEN AFFORDABLE HOUSING COALITION 8 Of 8 AGENDA ITEM NO: 11 .d MEETING DATE: May 3, 2006 SUMMARY REPORT SUBJECT: REQUEST FROM MENTON BUILDERS FOR PHOTOVOLTAIC (PV) INCENTIVE REBATE RELATED TO TWELVE UNIT TOWNHOUSE DEVELOPEMENT ON APPLE AVENUE SUMMARY: Menton Builders is in the process of planning and developing a new twelve unit townhouse project on Apple Avenue. This development utilizes 'green building' criteria and is the first of its kind for the City of Ukiah. Green building design criteria provide for more health, energy efficient and environmentally sound construction and operation of homes. This approach benefits both builders and homeowners by reducing resource consumption and improving livability. In April 2006, staff was approached by Menton Builders with a request for incentive rebates from the city's Public Benefits Fund (PBF) for the installation of Photovoltaic (PV) generating systems interconnected to the city's electrical distribution system as well as solar hot water heating systems for each townhouse (See Attachment 1, Menton Builder's letter dated April 20, 2006). The city's current Public Benefits Program (PBP) does not provide PV incentive rebates to builders or any incentives for solar hot water heating applications. Menton Builders is requesting $4/AC Watt for each 2,846 AC Watt PV generating unit and a $1,500 incentive rebate for each solar hot water system. This would total $12,884 for each unit. Other municipalities do offer incentives of this nature (see Attachment 2, California Municipalities Solar Incentive Programs). Staff is in the process of re-designing the city's PBP and, if approved by Council, plans on offering these types of incentives. Menton Builders and their solar contractor have a brief presentation and would like the opportunity to present their project to the City Council. Staff recommends listening to Menton Builder's presentation and to consider their request for PV incentives for this development. RECOMMENDED ACTION: 1) Hear presentation from Menton Builders; 2) Provide staff with direction on request for PV incentives. ALTERNATIVE COUNCIL POLICY OPTIONS: Request additional information. Citizens Advised: Prepared by: Coordinated with: Attachments: N/A Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager 1. Menton Builder's letter dated April 20, 2006 2. California Municipalities Solar Incentive Programs Candace Horsley, ~ty Manager ATTACHMENT_ Elizabeth Kirkley City of Ukiah Public Utilities Department 300 Seminary Avenue Ukiah, Ca. 95482 April 20, 2006 Dear Elizabeth, As you know, we are in the process of planning and developing a twelve unit infill townhouse development on Apple Ave. We are applying both holistic and bioclimatic design principles to this project in an effort to provide a systematic integration of performance and conservation measures. Throughout many years of history within our business we have worked consistently with projects and clients towards creating healthy, energy efficient, and environmentally respectful results. We feel that we offer a background of sound, realistic experience towards the endeavor we are undertaking on Apple Avenue. Our goals for this project, named Manzana Del Sol or Apple in the Sun, ad&ess attention to critical issues concerning reduction of dependency upon fossil fuels and towards reduction of greenhouse gases. Menton Builders is hoping to incorporate photovoltaic grid tie systems with 18 panels and solar/electric hot water systems into each individual townhouse. These solar arrays could produce up to 90%-100% of electricity and could provide all of the hot water needed in most sunny months. This development exceeds the current green building guidelines utilized in Sonoma County and we envision it as an opportunity to demonstrate that a green infill project can be done by local developers in Ukiah. Other goals and features of interest include the following. · Integrate high performance mechanical & ventilating systems Install 'Energy Star' appliances Incorporate strategic placement of glazing and solar robes for natural lighting · Install water conserving plumbing fixtures & landscaping · Reduce embodied energy costs during construction and lifecycle phase · Reduce operating & maintenance costs · Reduce peak load demands on Ukiah's utility services · Reduce fossil fuel dependency & therefore greenhouse gas emissions -2- · Provide a significant reduction in environmental impacts · Provide an opportunity for Ukiah to offer healthy, durable and resource efficient homes (we anticipate exceeding Title 24 requirements) · Provide a dedicated charging circuit in each garage for electric vehicles & plug in hybrids · Boost renewable energy power content of local utility services · Locate project/housing close to services Because we endeavor to put all of the above systems and features in place on each home, we are asking the City Of Ukiah to participate with us in making this a reality. We are therefore asking for a $4/watt rebate on each photovoltaic array (18 panels, total 2,846 watts) and a $1,500 rebate on each solar hot water system. This would represent a $12,884 incentive for each homeowner on a total system cost of approx. $32,200. We are exited about this development and believe that it will offer significant benefit to and for Ukiah. Sincerely, Estok Menton Menton Builders, Inc. A'I-I'ACHMENT California Municipalities Solar Incentive Programs Glendale Power and Water Solar Incentives $4.00 per watt (all necessary City of Glendale licenses, permits, or fees are 100% reimbursable). Redding Electric Solar Incentives Solar PV: $4/W for optimized installations and $3/W for non-optimized installations, up to $10,000. Solar Thermal (active and passive): $1,000 for the first panel, $500 for the second panel and up to $250 for the third panel. Roseville Electric Solar Incentives Roseville offers retail customers $4.00 per Watt with a maximum rebate of $20,000. Roseville's commercial customers are eligible for a $4.00 per Watt rebate. SMUD Solar Incentives SlVlUD offers a cash rebate to commercial and industrial customers who install solar photovoltaic (PV) systems of 30 kilowatts or larger. SlVlUD will pay a one-time incentive of $3/Watt-DC up to $300,000. Los Angeles Dept. of Water and Power Solar Incentives For systems smaller than 30 kW: $3.50/W for systems manufactured outside Los Angeles, There is a maximum rebate cap of 75% of eligible costs. For systems larger than 30 kW: $2.75/W for systems manufactured outside Los Angeles, There is a maximum rebate cap of 50% of eligible costs. The incentive program will transition to a performance-based program for fiscal year 2005 - 2006. Santa Clara Water & Sewer Solar :l:ncentives In 1975, the City of Santa Clara established the nation's first municipal solar utility. Solar equipment is offered by the city for the heating of swimming pools, process water, and domestic hot water. The pieces of hardware (solar collectors, controls and storage tanks) are owned and maintained by the city under a rental agreement. The renter pays an initial installation fee and a monthly utility fee. Pasadena Water and Power Solar ]:ncentives The one-time rebate is $3.50 per watt (AC) up to $8,000. City of Burbank Solar ]:ncentives The Solar Rebate is $3 dollar per each Watt of the PV system up to $6,000 (2 kW) for a residential site, and $9,000 (3 kW) for a commercial site. Contact: .3ohn .3oyce Burbank Water and Power 154 W. Magnolia BIvd Burbank, CA 91502 Phone: (818) 238-3553 Fax: (818) 238-3594 E-Hail: _~_~o¥¢e@ci. bu rban l~.¢a, us Web site: http'//www.burbank, waterandpow~r.corn/ Contact: Suzanne Daniels Glendale Water and Power 141 North Glendale Avenue Glendale, CA Phone: (8:[8) 548-2750 Web site: htEp://www.ci.qlendale.ca.us/ Contact: liD Public Programs Office - Imperial Valley Imperial Irrigation District 1284 Main St El Centro, CA 92243 Phone: (800) 303-7756 Ext.option #6 Phone 2: (760) 339-9032 Fax: (760) 482-9611 E-Mail: info~iid.com Web site: http://www.iid.com/ Public Programs Office -Coachella Valley Imperial Irrigation District 1284 Main St El Centro, CA 92243 Phone: (800) 303-7756 Ext.option #6 Phone 2: (760) 391-5951 Fax: (760) 482-9611 Web site: http://www.iid.com/ Contact: Solar Program Znformation Los Angeles Department of Water & Power 111 North Hope Street Los Angeles, CA 90051 Phone: (800) 473-3652 Phone 2: (2:[3) 367-4122 E-Hail: solar@ladwp.com Web site: http://www.ladwp.com 3osephine Gonzalez Los Angeles Department of Water & Power :[ :[:[ North Hope Street Los Angeles, CA 90051 Phone: (2:[3) 367-04:[4 Fax: (2:[3) 367-259:[ E-Hail: ~osephine.cjonzalez@ladwp.¢om Web site: http://www.ladwp.com Contact: Gwen .lohnson County of Marin Community Development Agency 350:[ Civic Center Drive, Room 308 San Rafael, CA 94903 Phone: (415) 499-7309 Fax: (415) 499-7880 E-Mail: g_johnson@co, marin.ca, us Web site: http://www.marinsolar.orq Contact: Utility Marketing Services City of Palo Alto Utilities 250 Hamilton Avenue Palo Alto, CA 94301 Phone: (650) 329-2241 Fax: (650) 617-3140 Web site: http://www.cpau.com/ Lindsay .loye City of Palo Alto Utilities 250 Hamilton Ave. Palo Alto, CA 94301 Phone: (650) 329-2680 Fax: (650) 617-3140 E-Mail: lindsay _ioye@city.palo-alto.ca.us Web site: http://www.cpau.com Contact: ]:rma Cruz Pasadena Water and Power 150 Los Robles Avenue, Ste. 200 Pasadena, CA 91101 Phone: (626) 744-4496 Web site: http://www.ci.pasadena.ca.us/waterandpower/ Contact: Pam Brady-Koss Redding Electric Utility Earth Advantage Rebate Program P.O. Box 496071 Redding, CA 96049 Phone: (530) 339-7215 Fax:. (530) 339-7389 E-Mail: pbradykoss@ reddinqelectricutility.com Web site: http://reddinqelectricutility.com/ Contact: Tnformation Specialist Riverside Public Utilities Programs & Services 3900 Hain Street Riverside, CA 92522 Phone: (951) 826-5485 Web site: http://www.riversideca.qov/utilities Contact: Customer Service - Roseville Electric PV Buy Down Roseville Electric 2090 Hilltop Circle Roseville, CA 95747-9704 Phone: (916) 797-6937 E-Mail: rosevilleelectric@roseville.ca, us Web site: http://www.rosevilleelectric.org Patrick Morrison Roseville Electric 2090 Hilltop Circle Roseville, CA 95747-9704 Phone: (916) 774-5624 E-Mail: pmorrison@roseville.ca, us Web site: http://www.rosevilleelectric.org Contact: Solar Engineer City of Santa Clara Water & Sewer Utility 1500 Warburton Avenue Santa Clara, CA 95050 Phone: (408) 615-2000 Fax: (408) 247-0784 Web site: http://www.ci.santa- clara.ca.us/pub utility/ws muni solar, html Contact: Mike Zannakis Sacramento Municipal Utility District P.O. Box 15830 Sacramento, CA 95852-:[830 Phone: (916) 732-6994 Phone 2: (888) 742-7683 E-Mail: mzannak@smud.orq AGENDA ITEM NO: t t. e MEETING DATE: APRIL 19, 2006 SUMMARY REPORT SUBJECT: DISCUSSION OF POLICY REGARDING COMMUNITY GRANTS PROGRAM FOR FISCAL YEAR 2006/2007 In 1994, the City started a Community Grant Program and allocated funds in the budget for assistance to non-profit organizations. Qualified candidates would request assistance through an established application process that was held in August of each year. The attached document delineates the various community groups that received funding from the City and the associated total dollar amount that was actually disbursed through the Community Grant Program. Due to fiscal restraints, the Council suspended the program in Fiscal Year 2003/2004, however, during the current fiscal year several non-profits came forward to the City Council requesting funding either for special programs or operational expenses. Council has requested discussion on the Community Grant Program to determine whether it should be included in the next budget cycle and if so, the appropriate level of funding. RECOMMENDED ACTION: Discuss and provide direction. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: City Council Candace Horsley, City Manager 1. List of grant recipients Approved: Candace Horsley,~,,~ty Manager Aftochment # Community Grant Payments (from account 100.1945.690.000) 8/05/94 8/05/94 8/05/94 8/05/94 8/05/94 8/05/94 8/05/94 8/05/94 8/O5/94 8/26/94 10/07/94 1/O6/95 3/O3/95 3/16/95 4/14/95 Total FY 1994-95 BIG BROTHERS BIG SISTERS COMMUNITY CARE MGMT CO CONCILIO LATINO FORD STREET PROJECT PLOWSHARES PROJECT SANCTUARY UKIAH COMMUNITY CENTER UKIAH SENIOR CITIZENS YOUTH PROJECT UKIAH PLAYERS BALLET FOLKLORICO OF PEOPLES/LACRETIA UKIAH HIGH SCHOOL MENDOCINO COUNTY LIBRARY BOYS AND GIRLS CLUB OF UKIAH 4 000.00 4 000.00 4 000.00 4 000.00 4 000.00 4 000.00 4 000.00 4 000.00 4 000.00 500.00 250.00 500.00 200.00 3,483.44 500.00 41,433.44 8/23/95 8/23/95 8/23/95 8/23/95 8/23/95 8/23/95 8/23/95 8/23/95 8/23/95 9/29/95 2/29/96 3/15/96 6/21/96 Total FY 1995-96 BIG BROTHERS BIG SISTERS COMMUNITY CARE MGMT CO FORD STREET PROJECT NUESTRA CASA PLOWSHARES POLICE ACTIVITIES LEAGUE PROJECT SANCTUARY UKIAH COMMUNITY CENTER UKIAH SENIOR CENTER MENDOCINO COUNTY LIBRARY MARTIN LUTHER KING DAY MENDOCINO COUNTY MENDOCINO CO HISTORIAL SOCIETY 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 22,955.00 500.00 1,000.00 500.00 51,955.00 8/23/96 Total FY 1996-97 CONCILIO LATINO-AMERIC 100.00 100.00 Total FY 1997-98 10/16/98 10/16/98 10/16/98 I 0/16/98 10/16/98 10/16/98 10/16/98 COMMUNITY CARE MENDOClNO COUNTY LIBRARY MENDOCINO LATINOS PARA PLOWSHARES PEACE & JUSTICE PROJECT SANCTUARY SCHOOL OF PERFORMING ARTS UKIAH COMMUNITY CENTER 2,000.00 2,000.00 3,000.00 2,4O9.OO 2,000.00 1,000.00 4,460.00 Community Grants 94-05 4/27/2006 Page 1 of 3 by Mike McCann 10/16/98 10/16/98 Total FY 1998-99 UKIAH SENIOR CENTER UKIAH VALLEY ASSOCATION FOR HABILITIATION 2,500.00 631.00 20,000.00 9/10/99 9/10/99 9/10/99 9/10/99 9/10/99 9/10/99 9/10/99 9/10/99 9/10/99 9/10/99 11/05/99 6/30/00 Total FY 1999-2000 AMERICAN RED CROSS BIG BROTHERS BIG SISTERS BOYS AND GIRLS CLUB OF UKIAH COMMUNITY CARE FORD STREET PROJECT LITERACY VOLUNTEERS OF PLOWSHARES PEACE & JUS PROJECT SANCTUARY SCHOOL OF PERFORMING A UKIAH SENIOR CENTER UKIAH VALLEY ASSOCATION FOR HABILITIATION YOUTH SCHOLARSHIP FUND 1,000.00 3 000.00 3 000.00 3 000.00 1 000.00 2 500.00 2 630.00 2 960.00 500.00 3,000.00 1,179.00 1,231.00 25,000.00 10/13/00 10/13/00 10/13/00 10/13/00 10/13~00 10/13/00 10/13/00 10/13/00 12/08/00 3/02/01 3/02/01 3/02/01 3/02/01 3/02/01 3/02/01 3/02/01 3/02/01 3/02/01 Total FY 2000-01 AMERICAN RED CROSS BOYS AND GIRLS CLUB OF UKIAH COURT APPOINTED SPECIAL ADVOCATES DISABLED AMERICAN VETERANS FRIENDS OF THE LIBRARY NORTH COAST OPPORTUNITIES PREGNANCY COUNSELING CENTER VICTIM OFFENDER RECONCILIATION SCHOOL OF PERFORMING ARTS HELD POAGE LIBRARY HUMANE SOCIETY OF INLAND MENDO COUNTY MENDOCINO FAMILY & YOU MENDOCINO SPAY-NEUTER PEOPLE FOR PEOPLE INC PLOWSHARES PEACE & JUSTICE PROJECT SANCTUARY SPECIAL OLYMPICS UKIAH COMMUNITY CENTER 2 000.00 4 200.00 3 000.00 I 6OO.OO 1 000.00 5 000.00 I 125.00 1 000.00 500.00 575.00 500.00 1,000.00 500.00 2,000.00 2,000.00 2,000.00 1,000.00 1,000.00 30,000.00 10/12/01 10/12/01 10/12/01 10/12/01 10/12/01 10/12/01 10/12/01 10/12/01 10/12/01 AMERICAN LEGION BIG BROTHERS BIG SISTERS BOYS AND GIRLS CLUB OF UKIAH COMMUNITY CARE HELD POAGE LIBRARY LITERACY VOLUNTEERS OF NORTH COAST OPPORTUNITIES PEOPLE FOR PEOPLE INC SPECIAL OLYMPICS 600.00 5,000.00 3,000.00 600.00 500.00 1,800.00 5,000.00 3,000.00 1,000.00 Community Grants 94-05 4/27/2006 Page 2 of 3 by Mike McCann 10/12/01 I 0/1 2/01 3/29/02 Total FY 2001-02 UKIAH COMMUNITY CENTER UKIAH SENIOR CENTER PLOWSHARES 3,750.00 5,750.0O 4,000.00 84,000.00 11/15/02 11/15/02 11/15/O2 11/15/O2 11/15/02 11/15/O2 11/15/02 11/15/O2 11/15/02 11/15/02 11/15/02 11/15/O2 11/15/O2 Total FY 2002-03 Grand Total FY1994-2005 AMERICAN LEGION BIG BROTHERS BIG SISTERS BOYS AND GIRLS CLUB OF UKIAH HELD-POAGE LIBRARY MENDOCINO CO AIDS VOLUNTEERS MENDOCINO CO SPECIAL OLYMPICS MENDOCINO FAMILY & YOUTH NORTH COAST OPPORTUNITIES PEOPLE FOR PEOPLE INC PLOWSHARES SENIOR COMPANION PROGRAM SOROPTIMIST INTERNATIONAL VETERANS OF FOREIGN WARS 600.00 4,000.00 3,000.00 500.00 600.00 600.00 1,000.00 500.00 1,000.00 3,000.00 4,000.00 750.00 500.00 222,538.44 20,050.00 222,538.44 Community Grants 94-05 4/27/2006 Page 3 of 3 by Mike McCann AGENDA SUMMARY REPORT ITEM NO. tt.f DATE: MAY 3, 2006 SUBJECT: DISCUSSION OF COST OF LIVING INCREASE FOR CITY COUNCILMEMBER SALARIES BACKGROUND: Past City Councils had directed staff to agendize the topic of cost of living increases to the City Councilmember salaries every two years. However, due to budget constraints in 2003, Council directed staff to withhold agendizing this topic for a few years. Based on this direction, staff is now bringing this topic to the Council for their discussion and consideration. Government Code §36516 provides the City Council with the ability to increase Councilmember salaries effective after an election. The existing ordinance must be amended for the current cost-of-living increase not to exceed an amount equal to five percent for each calendar year from the operative date of the last cost-of-living adjustment. At its June 5, 2002 meeting, the City Council adopted an ordinance adjusting the salary from $462 to $471 per month equating to a 1% per year increase over the previous two years. Any adjustment to the current $471 salary would not become effective until after the election in November. This matter is being presented as a discussion item now so any adjustment may be included in the next fiscal year's budget. If the Council approves a cost-of-living increase, staff will prepare the ordinance and return it at the next Council meeting for introduction. Although cost of living increases have not been provided over the past three years, the law allows Council to consider past years' increases in making their determination of the amount the increase should be. As previously stated, the increase cannot exceed an amount equal to five percent for each calendar year from the operative date (or November 2002) of the last cost-of-living adjustment. The applicable figures for consideration are as follows: Percentage 2003 2004 2005 2006 1% $476 $480 $485 $490 2% $480 $490 $500 $510 3% $485 $500 $515 $530 4% $490 $509 $530 $551 5% $495 $519 $545 $573 U.S. Cities Average San Francisco/Oakland Consumer Price Index March 2002 March 2003 March 2004 March 2005 March 2006 1.2% 3.2% 1.4% 3.1% 3.6% 1.8% 3.7% 0.2% 1.6% 2.6% RECOMMENDED ACTION: Consider cost-of-living increase for City Councilmembers salary and direct staff relative to preparation of ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA Candace Horsley, City Manager Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager None Ap p ROVE D :~ ~:L:~--- ~~.,% Candac'e Horsley, C~ty Manager AGENDA ITEM NO: MEETING DATE: May 3, 2006 SUMMARY REPORT SUBJECT: APPROVE RESOLUTION REQUESTING THAT THE DEPARTMENT OF COMMERCE DECLARE A 2006 PACIFIC SALMON DISASTER AND URGING THE DEPARTMENTS OF COMMERCE, INTERIOR AND AGRICULTURE TAKE IMMEDIATE STEPS TO ADOPT A COMPREHENSIVE, BASIN-WIDE RESTORATION PLAN FOR THE KLAMATH RIVER BASIN -ASHIKU/RODIN The Klamath River fall runs of returning Chinook are at a all time Iow for the third year in a row. Since Klamath stocks mix with other stocks in the ocean, the Pacific Fishery Management Council has recommended a severely restricted 2006 Pacific Salmon season along the California and Oregon coast. The reduced season will have an immediate and devastating impact on commercial, tribal and recreational fisheries. Mayor Ashiku and Councilmember Rodin respectfully request Council's support and approval of the attached resolution (Attachment 1) requesting a disaster declaration for Pacific Salmon and urging immediate action to develop a salmon restoration plan for the Klamath River Basin. They have provided a number of news articles (Attachments 2-4) discussing this issue. RECOMMENDED ACTION: Adopt resolution requesting that the Department of Commerce declare a 2006 Pacific Salmon disaster and urging the Departments of Commerce, Interior and Agriculture take immediate steps to adopt a comprehensive, basin-wide restoration plan for the Klamath River Basin. ALTERNATIVE COUNCIL POLICY OPTIONS: Revise Resolution or choose not to support. Citizens Advised: Prepared by: Coordinated with: Attachments: Yes Sue Goodrick, Risk Manager/Budget Officer Mayor Ashiku and Councilmember Rodin; and Candace Horsley, City Manager 1. Resolution Requesting Declaration of 2006 Pacific Salmon Disaster. 2. News Letter Congressman Mike Thompson - April 24, 2006. 3. Fort Bragg Advocate News Articles- March 2 and April13, 2006 4. Seattle Times News Article - March 8, 2006 Approved' Candace ~~)rsley~ City Manager ATTACHMENT'__ / _ II RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REQUESTING THAT THE DEPARTMENT OF COMMERCE DECLARE A 2006 PACIFIC SALMON DISASTER AND URGING THE DEPARTMENTS OF COMMERCE, INTERIOR AND AGRICULTURE TAKE IMMEDIATE STEPS TO ADOPT A COMPREHENSIVE, BASIN-WIDE RESTORATION PLAN FOR THE KLAMATH RIVER BASIN WHEREAS, the 2006 ocean and in-river Pacific salmon season may be severely restricted along the 700 mile stretch of coastline from Point Falcon, Oregon to Point Sur, California, a geographic area encompassing the majority of the Oregon and California coastline; and WHEREAS, the abundance of Klamath River fall Chinook salmon spawner escapement level of 35,000 fish will not be met for the third year in a row; and WHEREAS, biologists and scientific experts believe that the Klamath River will not produce salmon above the escapement floor for the next 2-3 years; and WHEREAS, the socio-economic impact will be devastating to coastal communities and the commercial, recreational and tribal fisheries; and WHEREAS, the direct economic impact on commercial and recreational fisheries of a severely restricted season in both states will result in losses estimated to exceed $100 million; and WHEREAS, the multiplier effect on businesses such as river guides, motels, restaurants, markets, fuel sales, tackle shops, marine hardware, bait sales, boat repair and other ancillary businesses could exceed $300 million; and WHEREAS, the impact of the proposed season restriction is deleterious to both the lower and upper basin communities of the Klamath River; and WHEREAS, the conditions in the Klamath River are not conducive to sustaining healthy salmonids and the National Academy of Sciences has recommended a basin-wide restoration plan that outlines a short and long term approach to restoring the Klamath River basin's Chinook and Coho salmon stocks; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah: 1) Requests the Department of Commerce to act quickly to declare a 2006 Pacific Salmon Disaster, as provided for under the Magnuson-Stevens Fishery Conservation and Management Act; and 2) Requests that the Departments of Commerce, Interior and Agriculture take immediate steps to adopt a restoration plan that is quantifiable and results oriented for the Klamath River Basin, such as recommended by the National Academy of Sciences. PASSED AND ADOPTED on this 3rd day of May, 2006, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk (gongrt or thc a. nittd tatts ~flaashington, ~ID~ from Representative MIKE THOMPSON FOR IMMEDIATE RELEASE April 24, 2006 CONTACT: Matt Gerien (202) 225-3311 Bay Area Lawmakers Unveil Disaster Assistance Legislation for Salmon Fishing Community WASHINGTONmBay Area Members of Congress unveiled disaster assistance legislation today for West Coast salmon fishing communities that will be impacted by this year's slashed salmon season. Reps. Mike Thompson and Lynn Woolsey announced the bill in front of hundreds of salmon fishermen at a rally on San Francisco's Pier 47. "The Bush Administration's gross mismanagement of the Klamath River has led to this year's and last year's shortened salmon season," Thompson, the bill's author, said. "Yet, the administration isn't offering any assistance to the affected fishing communities nor do they have a plan to restore the salmon. That is why tomorrow we will be introducing legislation that would offer $81 million dollars in federal assistance. It will also contain measures to revive the Klamath salmon and hold this administration accountable to ensure they cannot manipulate the river for political gain ever again." The bill has three components: It would provide $81 million in emergence appropriations for impacted commercial fishermen and related businesses in the region. The Department of Commerce would distribute the assistance through the Pacific States Marine Fisheries Commission. · It would direct the Department of Commerce to complete a Klamath salmon recovery plan within 6 months of the bill's passage. After the completion of the plan $45 million would be allocated for conservation projects such as stream gauges and monitoring equipment, fish passage projects, and additional NOAA fisheries staff and resources to better track and study Klamath River salmon. · The Department of Commerce would be required to report to Congress on the progress of the Klamath on a yearly basis. In 2002, the Bush administration's water diversions on the Klamath River resulted in a record fish kill that claimed 80,000 adult salmon the next fall. Experts have directly attributed the adult fish kill and a parasitic infection affecting spring juveniles, resulting from poor federal management of the river, as being responsible for the low salmon returns estimated for this year. -More- MIKE THOMPSON Salmon Disaster Assistance Bill 4-24-06 Page 2 "Without the emergency disaster assistance provided in this legislation, the near closures this year will force many fishermen to tie their boats up for good and never fish again," said Rep. Lynn Woolsey. "It's not too late to safe Klamath salmon and its not too late to save our fishermen." Leader Nancy Pelosi said: "The oceans are under siege - all around the world, fish populations are dropping sharply. We must bring back the fish, river-by-river, and region-by-region. Here in California and Oregon, we must all work together-fishermen, tribes, scientists, farmers, and political leaders at the local, state, and federal level. I am proud to be a co-sponsor of Congressman Thompson's new legislation, which will provide disaster assistance and ensure funding for the recovery and restoration of the Klamath salmon." The Pacific Fishery Management Council recommended on April 6, 2006, that the 2006 commercial salmon season be drastically reduced. The decision will severely affect ocean and in-river salmon fisheries along 700 miles of coastline, from Point Falcon, Oregon to Big Sur, California. The economic impact to coastal communities is expected to be devastating. "The bill we're introducing in Congress will greatly help the Klamath River and its tributaries," Rep. George Miller said. "When you have a healthy river, you have fish, and that's good for local communities, the commercial fishing industry, recreational anglers, tribes, and the entire West Coast. Those of us who care about the Pacific coast's salmon -- and about the fishing communities of the coast -- face a number of serious challenges, but if we work together, we can fix this situation." "I share the outrage of commercial and sport fishermen up and down the Pacific Coast. In Half Moon Bay in my Congressional District, members of the small commercial and sport fishing fleet are fighting for their livelihoods," Rep. Anna Eshoo said. "Along with my colleagues, I'm with them in this fight. We're going to stay on this until we have a resolution for the long term." MIKE THOMPSON Page 1 of 4 .ATT^CH Ft. Bragg Advocate-News Big economic impacts feared from ocean salmon season closure Thursday, March 02, 2006 - By FRANK HARTZELL Of the Advocate - Both commercial and recreational ocean salmon fishing seasons could be canceled this year from Southern Oregon to the Mexican border, according to media reports from a California Department of Fish and Game meeting in Santa Rosa on Feb. 21. Local fishing advocates see the possible suspension of ocean salmon fishing as not only an economic disaster but one which may ultimately hurt the recovery of the larger fishery. Fishing, farming and environmental groups have worked cooperatively with government agencies to restore locally important fisheries such as the Sacramento River salmon run. Many blame the current disaster on lack of that kind of cooperation on the Klamath River, where they believe Oregon farmers got water needed by the salmon and other river life. Some say the willingness of commercial and sports fishermen to cooperate in environmental restoration could be hurt by the current drastic move. Jim Martin, who is West Coast director of the Recreational Fishing Alliance, as well as a member of the Mendocino County Fish and Game Commission and the Salmon Restoration Association Board in Fort Bragg, reported the bleak news about salmon returns on the Klamath River to local leaders following the Santa Rosa meeting. "DFG's Alan Grover laid out the starkly bad numbers on natural spawner returns on the Klamath River. These numbers will severely restrict commercial and ocean salmon fishing this year," Martin wrote in email. Martin said the news from DFG was that even with no further fishing in 2006 on the current stock, the expected number of Klamath adult spawners would be 29,200. Without any commercial, recreational ocean fishing, and no in-river recreational or tribal fishing, the mandated goal of 35,000 returning natural spawners will not be met, Martin reported. "In the short term, this very likely means reduced ocean fishing opportunities for this year's salmon season. The worst-case scenario would be a complete closure of salmon fishing as early as mid-April. The Pacific Fishery Management Council (PFMC) can adopt an emergency rule to allow some fishing, up to and including a repeat of 2005 recreational salmon fishing regulations," Martin said. Fishing, environmental and Native American groups believe they foresaw a Klamath disaster three years ago, when the federal government sought to give more water to Southern Oregon and far Northern California farmers from the Klamath, according to online reports. Salmon fishing interests and environmental activists protested the move at that time and filed suit, saying it would result in damage to the migratory fish populations. file://C:\Documents%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006 Page 2 of 4 The lawsuit was denied, the diversions took place and now, three years later, the salmon spawned that year are coming back but in numbers so low the entire fishery may be shut down. Because the Klamath and Sacramento river fishes mix in the ocean, all salmon fishing is imperiled in order to avoid the taking of fish from the Klamath among large schools from the Sacramento River and other healthier rivers. But the cause of the Klamath declines may not be as simple as high mortality, parasite and disease rates in the Klamath fish due to lower water levels. Humboldt County environmental and Native American groups have launched a plan to restore the river by proposing removal of marginal dams on the Klamath. Martin, too, said the issue is quite complex. "Going into the meeting I believed that the depleted run on the Klamath last year was related to the 2002 fish kill, but the numbers of age-three fish returning in 2005 were within normal bounds. The real problem was twofold: returns of age-two-year fish were near all time lows, and there was an unusually high contact rate (catch and release) with age-four adults in the ocean fisheries," Martin said. Some wonder if canceling the ocean salmon fishing seasons in all of California could really help the Klamath fishery. "A key question from the fishermen has been whether the mandated goal of 35,000 natural spawners is realistic, given the carrying capacity of the river itself. Ironically, when Klamath returns are at their lowest, the records show that three and four years later, the returns are at their highest. In other words, there is only so much oxygen in the river, and survival and production rates may increase with fewer returning spawners. The recruits from these low-return years are astonishing," Martin wrote. Scott Boley, who attended a meeting last week on the problem with fish parasites in the Klamath River, also says the problem is more complex than the current debate and regulations have revealed. "I had thought that perhaps you could just flush the parasites out with higher flows, but probably it's not that simple. The flows would have to be high enough to move large cobbles and scour out all the plant life. The answers to this parasite problem are more subtle and really depend on understanding the whole life cycle of the worm and the parasite, the temperature and high flows and, probably most important of all, the density of salmon in the main Klamath," Boley reported in the online MCN newsgroups. His questions are a reflection of the puzzlement about the Klamath problem present in reports by university, state and federal reports. The first and most in-depth piece on the meeting is found in the Fish Sniffer, a premier publication for recreational fishermen. Dan Bacher's Fish Sniffer piece blames the crisis on the Bush Administration. "Karl Rove pressured Gale Norton (Interior Secretary) to divert the Klamath water to agribusiness at the expense of fish, tribes, recreational anglers and commercial fishermen to curry favor with local farmers so an Oregon Republican Senator would be reelected. Now recreational anglers, the Klamath Basin Tribes, commercial fishermen and the entire economy of Northern California will suffer because of the greed of a few," Bacher reported. Bacher's story from the meeting included an irked statement from Fort Bragg commercial fisherman Bill Forkner. Forkner stood up and summed up the feelings of most meeting participants when he said, file://C:\Documents%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006 Page 3 of 4 "This is all B.S.! You guys (state and federal governments) aren't addressing the problems of the Klamath River!" Bacher wrote. Martin reported that Recreational Fishing Alliance members are working with local officials in the coastal communities to endorse letters to the PFMC and the federal government to emphasize the economic losses, especially to the local business community, if recreational fishing is further regulated down to nothing. "We will provide input to the Council and the DFG about how we can provide some fishing opportunity during critical weekends, monthly periods, and perhaps a one-fish bag limit to reduce these losses to the local fishing communities," Martin reported. Martin says locals concerned about the loss of fishing can take action to help. "The Council can adopt an emergency rule under the Magnuson-Stevens Act to allow limited fishing opportunities. Letters stating the economic importance of recreational fishing can help to build a record that NMFS can use to defend itself in any potential lawsuit brought by environmental groups who may oppose the rule," Martin added. Although no environmental groups have weighed in on the issue, some fear the Klamath River disaster will cause a split between two groups that have worked and spent heavily to preserve fish fishermens groups and environmental groups. "Ask your chamber of commerce, coastal county boards of supervisors and city councils to endorse a letter of support for recreational fishing, with economic indicators of the potential losses to your community if we lost our 2006 salmon season," Martin wrote. "Sport and commercial fishermen pay for the privilege to fish. Those funds are used to mange the fish and improve the populations," said Joe Janisch, president of the Salmon Restoration Association, explaining how fishing helps restoration. "Its called the North American Model of Wildlife Conservation. We were the only nation in the world that used this model. Now many others have copied it because it works," he said. Janisch didnt know yet what impacts the cutting off of the season could have on the Worlds Largest Salmon Barbecue, to be held July 1 this year. Funds from the barbecue are funding the rearing of salmon at the Hollow Tree Hatchery. About 100,000 eggs were spawned at the hatchery, which delivers fish into the Eel River system. "It would be a shame if the Worlds Largest Salmon Barbecue had to cook chicken to raise funds to help salmon," Janisch said. "What would the Fourth of July in Fort Bragg be without the Salmon Barbecue? If commercial salmon season were open, the Salmon Restoration Association would not have to fly in salmon from Alaska it cost us $24,000 last year. The commercial fishermen used to donate the fish, but thats impossible now," Martin said. Local members of the Recreational Fishing Alliance are conducting a poll at local businesses about these economic impacts. The two basic questions are: "How many employees do you have? What percentage of your business would be lost if there was no recreational salmon fishing in 2006?" file://C:\Documents%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006 Page 4 of 4 The answers will give an insight into potential job losses and impacts to the tax base. This data can be used by the federal government to allow some limited fishing opportunities this year, Martin said The PFMC will adopt a set of options for the 2006 ocean salmon fisheries for public review in Seattle on March 5-10. Then on April 3-7, the council will meet to adopt the 2006 management measures in Sacramento, Bacher reported. The public is invited to submit input at these meetings or in a special public hearing on the proposed salmon fishery management options which will be held on March 28 at the Flamingo Hotel in Santa ' Rosa, 2777 Fourth St., from 7 to 10 p.m. For information, call 545-8530. file://C:\Documents%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006 Page 1 of 4 Ft. Bragg Advocate-News Fort Bragg commercial fishermen hit hard by federal plan to spare sportfishing season Thursday, April 13, 2006 - By FRANK HARTZELL Of the Advocate - Drastic cuts to California and Oregon commercial salmon fishing are expected to have impacts on the Mendocino Coast, from the price of salmon on summer dinner plates to the economic base of the community. Commercial fishermen will be allowed only 15 days of fishing this year off Fort Bragg, Sept. 1-15, or until a quota of 4,000 fish is reached. That move was part of a cutback of Chinook salmon fishing seasons as recommended last Thursday by the Pacific Fishery Management Council (PFMC). The recommendation must be approved by the · Secretary of Commerce, but that action is usually routine, said Darrell Ticehurst, PFMC member. Commercial salmon fishing season once ran from May through September off Fort Bragg, so the cutback is drastic enough to threaten the loss of local fishing boats, according to published reports. Local commercial fishermen are most frustrated because salmon are plentiful in the ocean. The move comes because the Klamath River, where the salmon spawn, has been consistently damaged by low water levels due to farm diversions, dams and resulting warm temperatures and parasites there. Commercial fishing suffered big cutbacks all over California. Under current cutbacks, it would be completely banned in southern Oregon and extreme Northern California. The council also imposed a 75-fish limit per week per commercial boat. This week, state and federal lawmakers are considering economic aid packages for commercial boats. Sport fishing was spared the brunt of the cuts, losing fishing in federal waters in April from a typical year. Commercial fishing was hit much harder than recreational because of data that showed how much more contacts commercial fishing boats have with Klamath salmon, said Ben Sleeter of the Coastside Fishing Club political team. "Even if the entire recreational fishery would have been closed, it would have done next to nothing for the commercials. We just dont catch enough of these [Klamath] fish to make a difference, and this is why we are going to fish this year," Sleeter said. Sleeter said recreational fishermen need to step forward to help pay for the salmon restoration programs funded by commercial fishermen. The Salmon Restoration Association (SRA) will once again be purchasing wild-caught salmon from outside California for the July 1 st Worlds Largest Salmon Barbecue in Noyo Harbor, said Joe Janisch, president of SRA. "While sport fishermen will be able to harvest some salmon, commercial fishermen out of Fort Bragg will not be able to supply the barbecue. This will be the second time in over 30 years, last year and this file://C:\Documents%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006 Page 2 of 4 year, that local commercial fishermen will not be able to provide local salmon. Once again, our economy and people will live with poor resource management decisions made in another watershed by people who cant properly manage their own water," said Janicsh. SRA will maintain the same $20 ticket price as last year. All donations above the cost of putting on the event will be used to raise salmon at the Hollow Tree Fish Hatchery, which feeds salmon into the Eel River, Janisch said. "We currently have over 80,000 fingerlings at the hatchery from this years egg taking. These salmon should be ready for release to the wild by June," he said. Following the PFMC decision, local elected representatives, especially Mike Thompson, D-St. Helena, who represents the Mendocino Coast and cooks each year at the Worlds Largest Salmon Barbecue, have been on the attack about issues related to the Klamath River. A press release from a congressional delegation including Thompson vilified a Bush Administration action set for Monday, April 10, "when the Justice Department plans on asking U.S. District Court Judge Saundra Armstrong to reconsider her ruling which stated that the Bureau of Reclamation must limit the amount of water that is diverted from the Klamath and its struggling salmon." According to the Washington Post, Armstrongs ruling said that diversions for farms must be cut back during dry years to protect the salmon. "There are scientifically-set minimum flows needed to protect migrating salmon, the judge ordered, and the federal government cannot fiddle with them," the Washington Post stated. Opposition to Armstrongs ruling is what Thompson and other pro-salmon Congressmembers are using to attack the administration. "This ... is nothing short of a slap in the face to fishing families and coastal communities in California and Oregon,"' Thompson said in a press release. "We are reeling from yesterdays decision to severely limit the season, and today the Bush administration has shown complete disregard for the health of the Klamath and the livelihoods of thousands of people who live along our coast." Ticehurst said that economic impacts of the decision could include commercial fishermen losing boats, fuel docks closing and a loss in funds used to restore salmon fisheries and habitat. During a severe drought in 2002, the Bush administration with Karl Rove, the presidents senior adviser, personally championing the cause of farmers gave the Klamath federal irrigation project its normal allotment of water, the Washington Post reported. Salmon were left to bear the brunt of the drought. That fall, in a fish kill that made national headlines, more than 30,000 adult salmon died. The State of California blamed it on low river flows, warm water, crowding of fish and an outbreak of bacterial disease, the Washington Post reported. Critics have said Roves project was part of a successful effort to get a Republican senator elected in Oregon. Republicans from California, such as Congressman Richard Pombo, have worked with Thompson and groups like the Recreational Fishing Alliance to fight to save fishing season, reported Jim Martin of the RFA. file://C:XDocuments%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006 Page 3 of 4 The Washington Post also reported last week that the Bush Administration is considering reversing its firm opposition to all dam removal in the case of the Klamath. The PFMC, in making the cuts to fishing season, also called for removal of dams on the Klamath River, a position once the domain of environmentalists. The four dams are currently up for relicensing by the Federal Energy Regulatory Commission. The Bush Administrations own fisheries experts are now demanding that the privately owned dams either be removed or rebuilt in a hugely expensive way that allows fish passage, the Washington Post reported. Under the expected season, recreational fishing will begin May 1 in federal waters from Point Arena to Pigeon Point. It will run through Nov. 12, except for two closed days in June and two in July. From Pigeon Point to Point Sur, recreational fishing will run from May 1 through Sept. 24. Ticehurst said that action by groups like the Coastside Fishing Club (of which he is also a member) had made all the difference in saving the fishing season from elimination, including organizing big rallies in Sacramento and Santa Rosa. Commercial fishing groups also had protests led by Zeke Grader and others but Ticehurst said the amount of Klamath fish commercial fishermen catch made a decision to save their season out of the questions. Ticehurst told of one Department of Fish and Game fellow council member whose mind was changed by the protests and testimony at the meeting to allow for the sport fishing season to be saved. He said anglers must stay involved in the issue. Martin and the RFA were also instrumental in the victory. In Fort Bragg, 1,000 signatures were gathered in support of keeping the recreational season open. "RFA worked with commercial fishing organizations, sportfishing clubs and the local chambers of commerce to get them to provide economic data to the council about how the decision would affect coastal communities," Martin said. As far as how the Klamath disaster originated, Thompson announced that he has filed a Freedom of Information Act (FOIA) request with NOAA Fisheries, asking for all documents pertaining to federal salmon policy dating back to 2001. "Its time to shine a bright light into the shady backrooms where the Bush Administration has been making politically motivateddecisions about the management of the Klamath," Thompson said. "These politically motivated decisions are directly responsible for the poor condition of the Klamath and the near loss of this years salmon season." Thompson added, "I find it mystifying that the president can declassify top-secret intelligence information that is harmful to our national security, but his own administration wont provide unclassified information on a topic important to the livelihoods of thousands of Americans up and down the California and Oregon coast." Our fishing communities are not to be blamed for our declining salmon population, so they should not be bearing the brunt of this decision. The problem today is the Bush Administrations water and energy policies, which do not respect the needs of our fishing communities." U.S Sen. Barbara Boxer supports financial programs to help commercial fishermen hurt by the decision. "Our fishing communities are not to be blamed for our declining salmon population, so they should not be bearing the brunt of this decision. The problem today is the Bush Administrations water and energy policies, which do not respect the needs of our fishing communities," Boxer said in a press release. file://C:XDocuments%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006 Page 4 of 4 Although some have forecast higher prices for salmon this summer, PFMCs Ticehurst felt the price and availability impact wouldnt be great because of the global nature of the market and the continued availability of Alaskan commercially caught wild salmon. He said that next year the problem is likely to be worse, with a tougher time ahead negotiating compromises year after year. He said the Klamath fishery must be declared "overfished'' when numbers fall below the target three years in a row, which will happen next year. Fishery management plans never anticipated the degradation of a river in the way that has happened several years in a row on the Klamath, he noted. fi~e://C:x~D~cuments%2~and%2~Settings\SG~DR~CK\L~ca~%2~Settings\Temp~rary%2~... 4/26/2006 The Seattle Times: Klamath Basin salmon echoes /~TT^CHMI~N~.~.=,~ Page 1 of 1 Wednesday, March 8, 2006 - 12:00 AM Permission to reprint or copy this article or photo, other than personal use, must be obtained from The Seattle Times. Call 206-464-3113 or e-mail resale~seattletimes, com with your request. Kiamath Basin salmon echoes A sharply reduced salmon-fishing season may be the unhappy outcome of a meeting of policymakers in Seattle this week. They are dealing with poor decisions made by others five years ago in Oregon's Klamath Basin. Dramatically.reducing the season from Northern Oregon into California, a 700-mile stretch, is necessary to save chinook at sea as they commingle with other salmon. Protecting one means cutting back on the catch of all. The options for the Pacific Fishery Management Council range from bad to devastating, but the choices between levels of curtailment and outright ban are about saving a fishery. It's that fundamental. Chinook runs on the Klamath River never rebounded from a historic fish kill in the basin in fall 2002, and from devastating and successive bouts of a parasite that claimed juvenile salmon. In a region with complex water issues, a brutal political shorthand reduced the competition for water to one of fish vs. farmers. Agriculture had suffered through a terrible drought in 2001. Over the protests of federal agencies, the headgates were opened with a flourish in spring 2002 by two Bush administration Cabinet members to increase water for irrigation. By fall, salmon died in numbers subsequently estimated at 70,000 because of low flows of warm water. An investigation by the California Department of Fish and Game laid the blame on the federal government for conditions that allowed disease to flourish and spread. This fishery is dwarfed by the salmon harvest from Alaska and competition grows from farm-raised salmon, but the economic impact is still significant. The alternative, really not a choice at all, is to risk harm that jeopardizes incomes beyond recovery. The council's final recommendation will come next month at a meeting in Sacramento. The hard choices driven by the Klamath experience come after a success story on the Sacramento River, which enjoyed a healthy rebound of salmon, Poor choices five years ago in one basin haunt an entire industry. Copyright © 2006 The Seattle Times Company file://C:\Documents%20and%20Settings\SGOODRICK\Local%20Settings\Temporary%20... 4/26/2006