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HomeMy WebLinkAbout2022-07-27 PacketPage 1 of 3 Planning Commission Regular Meeting AGENDA Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/91264543193 or Dial Toll-Free: 1-833-548-0276 or 833-548-0282 To raise hand: enter *9; To Speak: after being recognized, enter *6 to unmute or One tap mobile (for easy connection on smartphones): US: +16699009128,,91264543193# or 13462487799,,91264543193# July 27, 2022 - 6:00 PM 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES 4.a. Approval of the Minutes of July 13, 2022, a Regular Meeting Recommended Action: Approve the Minutes of July 13, 2022, a Regular Meeting Attachments: 1. July 13, 2022, Planning Commission Minutes - Draft 5. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appears and states his or her position during the hearing on the decision from which the appeal is taken. For items on this agenda, the appeal must be received by August 1, 2022. 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE Page 1 of 125 Page 2 of 3 9. PLANNING COMMISSIONERS REPORT 10. DIRECTOR'S REPORT 11. CONSENT CALENDAR 12. NEW BUSINESS 12.a. Request for Consideration of a Proposed Major Use Permit to Allow the Operation of the United Disaster Relief Center of Northern California at 1240 Airport Park Boulevard; APN 180-080-74. File No. 22-6896 Recommended Action: Staff recommends the Planning Commission 1) conduct a public hearing;and 2) approve the proposed Major Use Permit, based on the Findings, and subject to the Conditions included in the Staff Report, dated July 18, 2022. Attachments: 1. Draft Findings 2. Draft Conditions of Approval 3. City Council Resolution 2021-47 4. Application Materials 5. Agency Comments 12.b. Recommendation to the City Council for Approval of an Initial Study & Negative Declaration, General Plan Amendment, and Rezone of 701 South Orchard Avenue (APN 003-181-01). File No.: 22-6938. Recommended Action: Staff recommends the Planning Commission 1) conduct a public hearing; 2) make a recommendation to the City Council to adopt the Initial Study and Negative Declaration; and 3) make a recommendation to the City Council to approve the General Plan Amendment and Rezone, based on the Findings, and subject to the Conditions included in the Staff Report, dated July 18, 2022. Attachments: 1. Draft Findings 2. Draft Conditions of Approval 3. Director Determination- 701 S Orchard temp storage 5-5-22 4. Application Materials 5. Agency Comments 6. Draft Initial Study & Negative Declaration_062122 13. UNFINISHED BUSINESS 14. ADJOURNMENT Please be advised that the City needs to be notified 72 hours before a meeting if any specific accommodations or interpreter services are needed for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the Planning Commission after distributing the agenda packet are available at the Civic Center 300 Seminary Ave. Ukiah, CA 95482; and online at: www.cityofukiah/meetings/ at the end of the next business day. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours before the meeting set forth on this agenda. Page 2 of 125 Page 3 of 3 Dated: July 19, 2022 Stephanie Abba, Planning Commission Secretary Page 3 of 125 Agenda Item 4a Page 1 of 2 CITY OF UKIAH PLANNING COMMISSION REGULAR MEETING MINUTES Civic Center 300 Seminary Avenue Virtual Meeting Link https://zoom.us/j/91264543193 Ukiah, CA 95482 July 13, 2022 6:00 p.m. 1. CALL TO ORDER The City of Ukiah Planning Commission held a Regular Meeting on July 13, 2022. The meeting was legally noticed on July 6, 2022. Chair Christensen called the meeting to Order at 6:00 p.m. at the Civic Center; 300 Seminary Ave., and at the following virtual link: https://zoom.us/j/91264543193 CHAIR CHRISTENSEN PRESIDING. 2. ROLL CALL Roll was taken with the following Commissioners Present: Michelle Johnson; Rick Johnson; Mark Hilliker; and Laura Christensen. Commissioners Absent: Alex De Grassi Staff Present: Jesse Davis, Planning Manager; Craig Schlatter, Community Development Director; and Stephanie Abba, Planning Commission Secretary. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. APPROVAL OF MINUTES a. Approval of the Draft Minutes of June 22, 2022, a Regular Meeting as submitted. Motion/Second: R Johson/Hilliker to approve the Minutes of June 22, 2022, a Regular Meeting; as submitted. Motion carried by the following roll call vote: AYES: M. Johnson; R. Johnson, Hilliker; and Chair Christensen. NOES: None. ABSENT: De Grassi; ABSTAIN: None. Commissioner DeGrassi arrived at 6:09 p.m. RECESS: 6:10 p.m. RECONVENED: 6:16 p.m. 5. APPEAL PROCESS No appeals were received. 6. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS No public comment was received 7. SITE VISIT VERIFICATION Verified by Commissioners 8. VERIFICATION OF NOTICE Verified by Staff 9. PLANNING COMMISSIONERS’ REPORTS Page 4 of 125 Minutes of the Planning Commission, July 13, 2022, Continued: Page 2 of 2 Commissioner Rick Johnson has informed everyone that he would not be able to attend the next meeting in person unless there is a Major Use Permit on the agenda. He will attend the meeting via Zoom 10. PLANNING COMMISSION DIRECTOR’S REPORT Report received 11. CONSENT CALENDAR No items on the consent calendar. 12. NEW BUSINESS a. Request for Consideration of Proposed Major Use and Site Development Permit to develop a 16-bed Residential and Outpatient Mental Health Rehabilitation Center (MHRC) at 531 South Orchard Ave.; APN 002-340-47; File No. 22-6999 Presenter: Jesse Davis, Planning Manager RECESS: 6:45 p.m. RECONVENED: 6:48 p.m. Pubic Comment: Dan Anderson, Redwood Quality Management Company; Ron Verdier, Architect Motion/Second: R. Johnson/Hilliker to Approve the proposed Major Use Permits amended with Landscape Plans, Revision 2; based on the Findings, and subject to the Conditions included in the Staff Report, dated July 6, 2022. Motion carried by the following roll call vote: AYES: R. Johnson, M. Johnson, De Grassi, Hilliker, and Chair Christensen. NOES: None. ABSENT: None: ABSTAIN: None. 13. UNFINISHED BUSINESS No Unfinished Business 14. ADJOURNMENT There being no further business, the meeting adjourned at 8:11 p.m. _______________________________________ Stephanie Abba, Planning Commission Secretary Page 5 of 125 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 1 DATE: July 18, 2022 TO: Planning Commission FROM: Michelle Irace, Planning Manager SUBJECT: Request for Consideration of a Proposed Major Use Permit to Allow the Operation of the United Disaster Relief Center of Northern California at 1240 Airport Park Boulevard; APN 180-080-74. File No. 22-6896 SUMMARY OWNER: Gary Akerstrom Redwood Business Park of Ukiah APPLICANT: Danilla Sands, United Disaster Relief Center of Northern California LOCATION: 1240 Airport Park Boulevard; APN 180-080-74 TOTAL ACREAGE: ±0.70 ac (30,491 sf) GENERAL PLAN: Master Plan Area (MPA)- Airport Industrial Park Planned Development (AIP-PD) ZONING DISTRICT: Planned Development Commercial (AIP-PD Light Manufacturing/Mixed Use) ENVIRONMENTAL DETERMINATION: Categorical Exemption, pursuant to CEQA Guidelines Article 19, Section 15301, Existing Facilities RECOMMENDATION: Conditional Approval, based on the Findings in Attachment 1 and Conditions of Approval in Attachment 2 Page 6 of 125 AGENDA ITEM NO. 12A Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 2 PROJECT DESCRIPTION AND BACKGROUND The 0.7-acre Project parcel is located at 1240 Airport Park Boulevard. The parcel was created through Minor Subdivision 05-22, which was approved by the Ukiah City Engineer in 2005 and subdivided a 1.25 ac parcel (APN 180-080-26) into two smaller parcels. The parcel is currently developed with a 7,200 sf building that was originally constructed in 1992 as a 6,500 sf warehouse and later expanded to house a veterinary hospital that was in operation on-site until 2019. The site is also developed with an existing 18-space parking lot in the front of the parcel and an open parking/loading area in the rear. Additionally, the site is surrounded by a chain link fence and contains perimeter landscaping and trees, as well as lighting and existing signage. The United Disaster Relief Center of Northern California (formerly named MendoLake Complex Fire Relief) is a donation and distribution center that was established in response to the October 2017 Redwood Complex fire. According to their website, “The mission of United Disaster Relief Center of Northern California (UDRNC) is to support the full recovery of people who have been impacted by a disaster. To further this mission, UDRNC offers immediate and long-term relief to anyone impacted by a disaster by providing advocacy, resources, and material goods and by assisting people to access all available resources to help them rebuild, remodel, rent or relocate, and ultimately recover after their disaster. UDRNC also assists other disaster resource centers in Northern California.” On October 6, 2021, the Ukiah City Council adopted Resolution No. 2021- 47, establishing a temporary emergency order to allow the Disaster Center to temporarily operate within the existing building in response to the Hopkins Fire. Resolution No. 2021-47 is included as Attachment 3. Project Description. The Disaster Center has been operating in the existing building under the temporary emergency order since October, 2021, and seeks to establish permanent use of the facility within the existing building (Project). The Disaster Center provides food, clothing, bedding, and other donated items to victims of disaster including fire, flood, and power outages. Additionally, the Disaster Center provides meeting rooms, internet access and battery charging stations. The Disaster Center has also assisted with proving COVID-19 supplies to the community. While there are areas for patrons to rest in the Disaster Center, no overnight accommodations are provided. Hours of operation are Monday through Friday, 10:00 a.m. to 2:00 p.m. The Disaster Center is staffed by 20 volunteers (generally 2 to 7 at a time) and has a capacity to serve approximately 30 patrons at one time. Page 7 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 3 The Disaster Center would continue to use the existing 18 parking spaces in the front of the building, as well as the open parking and loading areas in the rear of the building. Deliveries take place once a month with small vehicles, and excess donations are stored in a temporary storage area in the rear of the building. Proposed signage includes one 4 x 8 ft wall sign on the front of the building, and one 4 x 8 ft freestanding sign (five-feet high) at the entrance of the building. No exterior modifications to the building, fence, or site are proposed. Similarly, no modifications to the existing landscaping is proposed, but the landscaping would continue to be maintained. Application materials, including a Project Description, site plan, and signage details, as well as existing site photos are included in Attachment 4. SETTING The site is a relatively flat, paved lot, developed with an approximately 7,200 sf building and parking lot. The parcel carries a General Plan land use designation of Master Plan Area (MPA) and is zoned Planned Development-Commercial. The associated Planned Development is the Airport Industrial Park Planned Development (AIP-PD). The AIP-PD further identifies the parcel as Light Manufacturing/Mixed Use. The parcel is on the west side of Airport Park Boulevard and set back from Airport Park Boulevard. The parcel is bounded by a vacant lot directly to the east and the Ukiah Municipal Airport directly to the west. Commercial and retail businesses located within the AIP-PD exist to the north and south, as well as east of Airport Park Boulevard. Table 1 provides a summary of existing land uses, Figure 1 provides an aerial image of the Project’s location, and Figure 2 provides an AIP- PD zoning map. Table 1, Surrounding Land Uses ZONING: USE: NORTH AIP-PD Light Manufacturing/Mixed Use Commercial/retail (Panda Express, T-Mobile, The Sourdough & Co., etc.) EAST AIP-PD Retail Commercial Vacant; commercial/retail east of Airport Park Boulevard (Friedman Brothers, Food Maxx, etc.) SOUTH AIP-PD Light Manufacturing/Mixed Use Commercial/retail (Tractor Supply, Les Schwab Tire Center, Mi Pueblito, etc. WEST Public Facilities Ukiah Municipal Airport Page 8 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 4 Figure 1, Location Map Figure 2, AIP-PD Zoning Map Page 9 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 5 AGENCY COMMENTS Project referrals were sent to the following responsible or trustee agencies with interest or jurisdiction over the Project: Ukiah Valley Fire Authority, City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah Electric Utility Department, City of Ukiah Community Development Department- Building Division, Ukiah Municipal Airport Operations Manager, Mendocino County Planning and Building Services, and the Mendocino County Airport Land Use Commission-Staff Planner. These agencies’ comments are included in Attachment 5. The agencies’ recommended Conditions of Approval are contained in Attachment 2. STAFF ANALYSIS General Plan and Zoning Consistency General Plan. The parcel carries a General Plan Master Plan Area Land Use designation and is part of the Airport Industrial Park Planned Development (AIP-PD), regulated by the AIP_PD Ordinance (adopted in 2013 through Ordinance No. 1141 and last amended April 7, 2021 with Ordinance 1213; available online at: http://www.cityofukiah.com/NewWeb/wp- content/uploads/2021/07/1213-Amending-the-Airport-Park-Planned-Industrial- Development.pdf). As noted in the AIP-PD Ordinance, the AIP-PD provides a mixture of industrial, commercial, low density residential, office, and open space land uses within a Planned Development (PD), consistent with the City of Ukiah’s 1995 General Plan Master Plan land use designation. Many of the goals and policies identified in the General Plan are incorporated into the AIP-PD Ordinance and the AIP-PD was determined to be consistent with the General Plan. Because the Project proposes a use that is consistent with the AIP-PD, it is consistent with the General Plan. Additionally, the Project supports the General Plan Safety Element’s goals and policies related to providing emergency services and mutual aid to the community. Zoning. The parcel is zoned Planned Development-Commercial for the AIP-PD, and is further identified as Light Manufacturing/Mixed-Use within AIP-PD. This designation is intended to provide for an opportunity of diverse land uses to locate near each other that would typically be viewed as incompatible. However, because of site planning and design, these diverse land uses can function in harmony without adversely impacting one another. Per Section 13(F)(3)(A), all uses within this designation require Planning Commission approval of a Major Use Permit. Design and Development Standards. The AIP-PD contains two set of design standards within the Light Manufacturing/Mixed Use designation: one set for commercial development and one set for manufacturing/industrial uses. The AIP-PD also contains General Requirements for all projects within the Light Manufacturing/Mixed Use designation (Section 13(F)(2)). The Project (warehouse and distribution center) is categorized best as a manufacturing/light industrial use. As such, the AIP-PD Light Manufacturing/Industrial Design standards apply, as opposed to the Commercial Design Standards which are intended for commercial and retail uses, and other uses along the Airport Park Blvd. frontage. However, because the Project does not propose modification to the existing building, nor new construction that would require a Site Development Permit, many of Page 10 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 6 these standards (such as setbacks, design, building orientation, height, façade, etc.) are not applicable. Table 2 provides a list of development standards that are applicable to the Project, and how the Project complies with them. Table 2, Applicable AIP-PD Design Standards for Light Manufacturing and Industrial Development Criterion(a) AIP-PD Development Requirement(s) Proposed by Project Project’s Compatibility Analysis Signs (Sections 13(F)(6)(g) and UCC 3227) Various recommendations to ensure compatibility with buildings and surrounding uses, as well as Ukiah City Code Section 3227 for signs. Parcel frontage is 120 linear ft; Therefore, 180 sf of signage is allowed (120 x 1.5 sf=180). No more than 2/3 of allowable signage may be freestanding and shall not exceed eight-feet in height. 64 sf total signage: one 4 x 8 ft wall sign on the front of the building, and one 4 x 8-ft freestanding sign (five-feet high) at the entrance of the building. Preliminary sign details are included in the application materials (Attachment 3). Compatible. Proposed 64 sf of signage is below the allowable 180 sf, and meets all applicable sign standards. A Sign Permit is required as a Condition of Approval No. 6. Lighting (Section 13(F)(6)(h)) Various regulations to ensure lighting is subdued, harmonious with building design and does not spill out onto adjacent properties or the night sky. Use of existing down- shielded lights. No new exterior lighting proposed. Compatible. Lighting is down-shielded and does not spill over to adjacent properties. Outdoor Storage/Service Areas (Section 13(F)(6)(i)) Outdoor storage shall be located in the rear of the site and screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. Temporary outdoor storage area is located in the rear of the building, but it is not screened with a permanent enclosure. Compatible with incorporation of Condition of Approval No. 1, requiring either removal of the temporary outdoor storage structure, or construction of a permanent enclosure. Existing site perimeter landscaping and trees aid Page 11 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 7 in screening, and the rear of the building where this area is located cannot currently be seen from Airport Park Blvd., but it can be seen from adjacent businesses and parking areas to the north. Landscaping (Section 13(6)(F)(j) Landscaping shall generally comply with Section I (20% minimum lot coverage, placing one tree between every 4 parking spaces, landscaping along frontages, irrigation systems, etc.) of the AIP- PD, although a lesser amount of landscaping may be approved depending on the scale, intensity and visibility of the development. Site is developed with existing Redwood and Liquid amber trees around its perimeter, in addition to landscaped areas on the east and south sides of the building that was required as a part of the original Site Development Permit to construct the building (No. 92-42) Consistent. Landscaping standards do not apply to the Project because it does not propose changes or development that require a Site Development Permit. However, the site is already developed with established trees and landscaping, and the applicant is required to maintain it (see Condition of Approval No. 2). Parking (UCC 9198(G)) Per UCC Section 9198(G), warehouse uses require the following: 1 space/2,500 sf; 1 space/ every 2 employees; plus 4 spaces for customers. Based on these requirements, 10 parking spaces are required. Project proposes to use the existing 18 parking spaces in the front of the building, as well as open parking and loading areas in the rear of the building. Compatible. Proposed 18 spaces exceeds the required 10 spaces. Findings required to approve a Use Permit are typically included in UCC Section 9262. However, the AIP-PD incorporates UCC Section 9262 findings into the AIP-PD Ordinance and includes a separate set of findings for projects proposed within the AIP-PD. Specifically, findings required to approve a Use Permit in the AIP-PD Light Manufacturing/Mixed-Use Designation are included in AIP-PD Section 13(F)(4)). Staff has determined that all required findings to approve the Use Permit can be made (see Attachment 1). Page 12 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 8 Airport Compatibility The Project site (and existing building) is intersected by two Airport Compatibility Zones: Zone 5 (Sideline) and Zone 6 (Traffic Pattern) of the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) that was adopted by the Mendocino County Airport Land Use Commission (ALUC) on May 20, 2021, and adopted by the Ukiah City Council on June 16, 2021. Zone 5 includes areas that are not normally overflown, while Zone 6 includes areas within the standard traffic pattern and pattern entry routes where aircraft altitude is typically 1,000 to 1,500 feet above the runway. The UKIALUCP contains development standards for each compatibility zone including use restrictions, height, density, and open land requirements. Per UKIALUCP Policy 3.3.1, Sites Split by Two or More Compatibility Zones, any project that is split by compatibility zones, shall a) be considered as if it were multiple sites divided by compatibility zone boundary line; and b) the criteria for each compatibility zone within which portions of the site are located shall apply to the proposed building or area of outdoor congregation of people within that portion. However, for the purpose of this analysis, Staff has taken a more conservative approach to simplify the calculations and has applied the more restrictive (Zone 5) regulations to the entire Project. According to Table 3A of the UKIALUCP, indoor storage, distribution centers and warehouses are “normally compatible” uses in Zone 6 but “conditionally compatible” in Zone 5, so long as they meet the following criteria: 35 ft height limit (existing building is 22 ft tall); and at least 25% open land (site has 23,291 sf, or 76% of open land). Density and intensity for nonresidential projects within Zone 5 is restricted to the following: • Maximum Sitewide Average Intensity: 100 people/acre = 70 people at one time (0.7ac x 100). • Maximum Single-Acre Intensity: 300/acre= 210 people (0.7ac x 300). UKIALUCP Policy 3.5.3(a)(3) states that maximum sitewide average intensity can be estimated by considering the number of parking spaces required for the project and by multiplying the average number of vehicle occupants. Using this methodology, 10 parking spaces are required, but 18 parking spaces are proposed, resulting in a sitewide average of 27 people (18 x 1.5 people= 27), which is below the 70 people restriction. UKIALUCP Policy 3.5.3(b) calculated single-acre intensity by using the number of people expected to occupy the most intensively used acre of the project site at any one time during its busiest period. For sites that are less than one acre in size, the intensity should be calculated by the total number of people on the site divided by the site size. The applicant notes that the Disaster Center would have approximately 50 patrons maximum at one time during active disaster events (20 volunteers and 30 patrons), which is below the 210 people restriction (300/0.7ac=210 people). Lastly, per UKIALUCP Policy 3.2.8(b), a recording of an Overflight Notification is required as a condition for approval of new residential or nonresidential projects in Compatibility Zone 6 and an Avigation Easement Dedication is required for projects within zoned 1 through 5; these requirements have been included as Condition of Approval No. 4. and No. 5 (see Attachment 2). Page 13 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 9 In summary, the proposed land use and Project meet all of the criteria listed for Airport Compatibility Zone 5 (and 6) and are not included in the list of land use actions requiring mandatory formal ALUC review listed in Chapter 2 of the UKIALUCP. The Project was referred to the Ukiah Municipal Airport Operations Manager, as well as the Staff Planner for the Mendocino County Airport Land Use Commission for review and comment on April 18, 2022; no comments were provided from these entities. As such, the Project is determined to be consistent with the UKIALUCP and does not require formal ALUC review. ENVIRONMENTAL DOCUMENTATION The proposed Project is subject to the California Environmental Quality Act (CEQA). The Project qualifies for a categorical exemption pursuant to CEQA Guidelines Article 19, Section 15301 Existing Facilities which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, involving negligible or no expansion of existing or former use. The project must not involve significant amounts of hazardous materials, all necessary public services and facilities must be available, and the surrounding area must not be environmentally sensitive. Staff has determined the exemption is appropriate, as the Project is located in an urbanized area and zoned for commercial and industrial uses; is developed with an existing building and parking lot that have been historically used for commercial and industrial uses; utilities and services are connected to the site; the Project does not involve the use of significant hazardous materials; the site is not environmentally sensitive and does not contain water bodies; the Project does not propose removal of existing trees or landscaping; and the Project does not propose an expansion of the building or use. As such, the Project qualifies for the use of the aforementioned CEQA exemption. NOTICE Notice of the Public Hearing was provided in the following manner, in accordance with UCC §9262(C): • Published in the Ukiah Daily Journal on July 16 2022; • Posted on the Project site on July 12, 2022; • Posted at the Civic Center (glass case) 72 hours prior to the public hearing; and • Mailed to property owners within 300 feet of the Project parcels on July 12, 2022. RECOMMENDATION Staff Recommends Planning Commission 1) Conduct a public hearing; and 2) Approve the proposed Major Use Permit, based on the Findings in Attachment 1, and subject to the Conditions of Approval in Attachment 2. Page 14 of 125 Staff Report Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 10 ATTACHMENTS 1. Draft Findings 2. Draft Conditions of Approval 3. Resolution No. 2021-47, adopted by the Ukiah City Council on October 6, 2021 4. Application Materials 5. Agency Comments Page 15 of 125 Findings Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 1 ATTACHMENT 1 DRAFT FINDINGS TO APPROVE A MAJOR USE PERMIT TO ALLOW OPERATION OF THE UNITED DISASTER RELIEF CENTER OF NORTHERN CALIFORNIA AT 1240 AIRPORT PARK BOULEVARD; APN 180-080-74. FILE NO. 22-6896 The Community Development Department’s recommendation for conditional approval of a Major Use Permit to allow the operation of the United Disaster Relief Center of Northern California in an existing building at 1240 Airport Park Blvd., as described in the application materials and Staff Report dated July 18, 2022, is based in part on the following findings, in accordance with UCC §9262 and the Airport Industrial Park Planned Development Major Use Permit Findings for Light Manufacturing/Mixed-Use Designation (Section 13(F)(4)): 1. The proposed land use is consistent with the goals and policies of the Ukiah General Plan, the provisions of the Airport Industrial Park Planned Development Ordinance, the Ukiah Municipal Code, and the Ukiah Airport Master Plan. The proposed Project is consistent with the General Plan’s Master Plan Area land use designation, as it is intended to cover land proposed for specific plans, area plans, or as planned unit developments. The project site carries a Zoning Designation of Planned Development-Commercial for the Airport Industrial Park Planned Development (AIP-PD). As noted in the AIP-PD Ordinance, the AIP-PD provides a mixture of industrial, commercial, low density residential, office, and open space land uses within a Planned Development (PD), consistent with the City of Ukiah’s 1995 General Plan Master Plan land use designation. Many of the goals and policies identified in the General Plan are incorporated into the AIP-PD Ordinance and the AIP-PD was determined to be consistent with the General Plan. Because the Project proposes a use that is consistent with the AIP-PD, it is consistent with the General Plan. Additionally, the Project supports the General Plan Safety Element’s goals and policies related to providing emergency services and mutual aid to the community. The parcel is further identified as Light Manufacturing/Mixed-Use within AIP-PD. This designation is intended to provide for an opportunity of diverse land uses to locate near each other that would typically be viewed as incompatible. However, because of site planning and design, these diverse land uses can function in harmony without adversely impacting one another. Per Section 13(F)(3)(A), all uses within this designation requires Planning Commission approval of a Major Use Permit. As further described in the Staff Report, with adherence to the Conditions of Approval, the proposed land use and Project are consistent with all applicable Ukiah City Code regulations, AIP-PD design standards, as well as the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP). 2. The proposed land use is compatible with surrounding land uses and will not be detrimental to the public’s health, safety and general welfare. The proposed project would be located in a highly developed area known as the Airport Business Park, which is heavily developed with a variety of commercial, retail, and industrial uses. The use of the existing building to house a disaster resource center would not have a detrimental impact on the public’s health, safety and general welfare. The Project has been Page 16 of 125 Findings Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 2 reviewed by the following agencies to ensure compliance with local, state and federal regulations pertaining to public health and safety: Ukiah Valley Fire Authority, City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah Electric Utility Department, City of Ukiah Community Development Department- Building Division, Ukiah Municipal Airport Operations Manager, Mendocino County Planning and Building Services, and the Mendocino County Airport Land Use Commission-Staff Planner. Comments have been included as Conditions of Approval, as appropriate. 3. There is sufficient variety, creativity, and articulation to the architecture and design of the structure to avoid monotonous and/or a box-like uninteresting external appearance. N/A. The site is developed with an existing building and no modifications to the existing building or site are proposed. A Sign Permit is required to ensure consistency with the Ukiah City Code and AIP-PD regulations. 4. For all uses other than light manufacturing, there is uniqueness and an exemplary approach to the site planning, design, and architecture, consistent with the Site Planning and Design Standards contained herein, that results in a quality and sophisticated development. The AIP-PD contains two set of design standards within the Light Manufacturing/Mixed Use designation: one set for commercial development and one set for manufacturing/industrial uses. The Project is considered to be more of an industrial use due to its warehouse and distribution center characteristics. As noted in the Staff Report, many design standards within the AIP-PD do not apply to the Project, as no new development or building modifications are proposed. Conditions of approval for the outdoor storage area and signage have been incorporated to ensure consistency with the AIP-PD and UCC. As such, the Project does comply with all applicable design and development standards. ENVIRONMENTAL DOCUMENTATION The proposed Project is subject to the California Environmental Quality Act (CEQA). The Project qualifies for a categorical exemption pursuant to CEQA Guidelines Article 19, Section 15301 Existing Facilities which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, involving negligible or no expansion of existing or former use. The project must not involve significant amounts of hazardous materials, all necessary public services and facilities must be available, and the surrounding area must not be environmentally sensitive. Staff has determined the exemption is appropriate, as the Project is located in an urbanized area and zoned for commercial and industrial uses; is developed with an existing building and parking lot that have been historically used for commercial and industrial uses; utilities and services are connected to the site; the Project does not involve the use of significant hazardous materials; the site is not environmentally sensitive and does not contain water bodies; the Project does not propose removal of existing trees or landscaping; and the Project does not propose an expansion of the building or use. As such, the Project qualifies for the use of the aforementioned CEQA exemption. Page 17 of 125 Findings Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 3 NOTICE Notice of the Public Hearing was provided in the following manner, in accordance with UCC §9262(C): • Published in the Ukiah Daily Journal on July 16 2022; • Posted on the Project site on July 12, 2022; • Posted at the Civic Center (glass case) 72 hours prior to the public hearing; and • Mailed to property owners within 300 feet of the Project parcels on July 12, 2022. Page 18 of 125 Conditions of Approval Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 1 ATTACHMENT 2 DRAFT CONDITIONS OF APPROVAL FOR A MAJOR USE PERMIT TO ALLOW OPERATION OF THE UNITED DISASTER RELIEF CENTER OF NORTHERN CALIFORNIA AT 1240 AIRPORT PARK BOULEVARD; APN 180-080-74. FILE NO. 22-6896 The following Conditions of Approval shall be made a permanent part of the Major Use Permit, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid. Approved Project Description: The Applicant proposes to operate a disaster relief center in an existing building at 1240 Airport Park Blvd., as described in the application materials and Staff Report dated July 18, 2022. CITY OF UKIAH SPECIAL CONDITIONS 1. Per AIP-PD Section 13(F)(6)(i), outdoor storage shall be located in the rear of the site and screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. The temporary outdoor storage structure shall be removed, or replaced with a permanent structure in accordance with this regulation. 2. All landscaping shall be maintained and irrigated. 3. If future improvements to the building or site are proposed, a Site Development Permit may be required. 4. Per Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) Policy 3.2.8(b), recordation of an Overflight Notification is required as a condition for approval of projects in Compatibility Zone 6 prior to occupancy. This notification serves as a form of buyer awareness documentation recorded in the chain of title of a property stating that the property may be subject to annoyances and inconveniences associated with the flight of aircraft to, from, and around a nearby airport. The notification shall be of a format similar to that indicated in Appendix G of the UKIALUCP and shall contain the following language dictated by state law with regard to Airport Proximity Disclosure in conjunction with real estate transfer.1 The notification shall be evident to prospective purchasers of the property and shall appear on the property deed. NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an Airport Influence Area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. 5. Per UKIALUCP Policy 3.3.6, an Avigation Easement Dedication shall be required for Projects in Zones 1 through 5. The Avigation Easement shall: 1) provide the right of flight in the airspace above the property; 2) allow the generation of noise and other impacts associated with aircraft overflight; 3) restrict the height of structures; 4) permit access to the property for removal of structures and trees in accordance with Section 3.6; and 5) prohibit electrical interfere, glare and 1 http://www.cityofukiah.com/NewWeb/wp-content/uploads/2021/06/Ukiah-Municipal-Airport-Land-Use- Compatibility-Plan-2021.pdf Page 19 of 125 Conditions of Approval Major Use Permit United Disaster Relief Center of Northern California 1240 Airport Park Boulevard File No.: 22-6896 2 other potential hazards to flight from being created on the property. An example Avigation Easement can be found in Appendix G of the UKIALUCP. The Avigation Easement shall be recorded prior to occupancy. 6. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 7, Signs, of the UCC. Prior to the placement/installation of any sign(s), the applicant shall make application for and receive approval of a sign permit. Any signage shall be in substantial conformance with the Airport Industrial Park Planned Development Ordinance design and development standards. CITY OF UKIAH STANDARD CONDITIONS 7. This approval is not effective until the 10-day appeal period applicable to this Major Use Permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal. 8. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. 9. All construction requires a Building Permit. 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 Planning Commission such standards shall be met. 10. Building permits shall be issued within two years after the effective date of the Use Permit or same shall be null and void. 11. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued. 12. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits. 13. All fees associated with the project planning permits and approvals shall be paid in full prior to occupancy. 14. As outlined in Article 20, Administration and Procedures, of the Zoning Code this planning permit may be revoked through the City’s revocation process if the approved project related to this Permit is not being conducted in compliance with these stipulations and conditions of approval; or if the project is not established within two years of the effective date of this approval; or if the established use for which the permit was granted has ceased or has been suspended for 24 consecutive months. Page 20 of 125 ATTACHMENT 3 Page 21 of 125 # 22-6896ATTACHMENT 4Page 22 of 125 Page 23 of 125 Page 24 of 125 Page 25 of 125 Page 26 of 125 Page 27 of 125 Page 28 of 125 Page 29 of 125 Page 30 of 125 Page 31 of 125 From:Matthew Keizer To:Michelle Irace Subject:RE: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Date:Monday, April 18, 2022 8:54:42 AM Attachments:image001.png No comments Matt Keizer, CBO, MCP, CFM Building Official Code Compliance Officer Email: mkeizer@cityofukiah.com 300 Seminary Ave Ukiah, CA 95482 Office 707-467-5786 Desk 707-467-5718 Fax 707-463-6204 Inspection 707-463-6739 http://www.cityofukiah.com/community-development/ CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Michelle Irace <mirace@cityofukiah.com> Sent: Wednesday, April 6, 2022 4:22 PM To: Matthew Keizer <mkeizer@cityofukiah.com>; Ian Broeske <ibroeske@cityofukiah.onmicrosoft.com>; Douglas Hutchison <dhutchison@cityofukiah.com>; Jason Benson <jbenson@cityofukiah.com>; Tim Eriksen <teriksen@cityofukiah.com>; Cindy Sauers <csauers@cityofukiah.com>; Sonu Upadhyay <supadhyay@cityofukiah.com>; Cedric Crook <ccrook@cityofukiah.com>; Noble Waidelich <nwaidelich@cityofukiah.com>; pbs@mendocinocounty.org; Keith Gronendyke <gronendykek@mendocinocounty.org>; Greg Owen <gowen@cityofukiah.com> Cc: Jesse Davis <jdavis@cityofukiah.com>; Mireya Turner <mturner@cityofukiah.com> Subject: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Hello, The City of Ukiah Planning Division has received a Major Use Permit application to establish a permanent disaster relief center at 1240 Airport Park Blvd (APN 180-080-74). The Disaster Center has been operating under a temporary emergency order per Resolution No. 2021-47 and seeks to establish temporary use of the facility. No exterior modifications to the building or existing footprint are proposed. Comments and suggested conditions of approval for the use permit are appreciated ATTACHMENT 5 Page 32 of 125 by April 20, 2022. Thank you, Michelle Irace, Planning Manager City of Ukiah Community Development Dept. 300 Seminary Avenue, Ukiah CA 95482 (707) 463-6203 Page 33 of 125 From:Jason Benson To:Michelle Irace Cc:Tim Eriksen; Daniel Flores Subject:RE: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Date:Tuesday, April 12, 2022 10:15:47 AM Attachments:image002.png image004.png image001.png Hi Michelle – Public Works has reviewed the Major Use Permit Referral for the project and does not have any comments. Jason Benson, PEPublic Works – Senior Engineer C: (707)510-5485 From: Michelle Irace Sent: Wednesday, April 6, 2022 4:22 PM To: Matthew Keizer <mkeizer@cityofukiah.com>; Ian Broeske <ibroeske@cityofukiah.onmicrosoft.com>; Douglas Hutchison <dhutchison@cityofukiah.com>; Jason Benson <jbenson@cityofukiah.com>; Tim Eriksen <teriksen@cityofukiah.com>; Cindy Sauers <csauers@cityofukiah.com>; Sonu Upadhyay <supadhyay@cityofukiah.com>; Cedric Crook <ccrook@cityofukiah.com>; Noble Waidelich <nwaidelich@cityofukiah.com>; pbs@mendocinocounty.org; Keith Gronendyke <gronendykek@mendocinocounty.org>; Greg Owen <gowen@cityofukiah.com> Cc: Jesse Davis <jdavis@cityofukiah.com>; Mireya Turner <mturner@cityofukiah.com> Subject: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Hello, The City of Ukiah Planning Division has received a Major Use Permit application to establish a permanent disaster relief center at 1240 Airport Park Blvd (APN 180-080-74). The Disaster Center has been operating under a temporary emergency order per Resolution No. 2021-47 and seeks to establish temporary use of the facility. No exterior modifications to the building or existing footprint are proposed. Comments and suggested conditions of approval for the use permit are appreciated by April 20, 2022. Thank you, Michelle Irace, Planning Manager City of Ukiah Community Development Dept. 300 Seminary Avenue, Ukiah CA 95482 Page 34 of 125 Page 35 of 125 Page 36 of 125 From:Cedric Crook To:Michelle Irace Subject:Re: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Date:Wednesday, April 13, 2022 11:42:03 AM Attachments:image002.png image003.png image004.png Outlook-eode0uxd.png Hi, Sorry, I've been out of the office. 824-Extra patrol 10-21 is a phone call 459 burglary 1033 alarm E/P extra patrol 829 is a pedestrian stop/contact UCC city code violation I think that's all of them. Thanks, Cedric Crook Captain Ukiah Police Department 300 Seminary Avenue Ukiah, CA 95482 desk / 707-463-6771 fax / 707-462-6068 ccrook@cityofukiah.com www.ukiahpolice.com Safety Professionalism and Community Service From: Michelle Irace <mirace@cityofukiah.com> Sent: Monday, April 11, 2022 8:19 AM To: Cedric Crook <ccrook@cityofukiah.com> Subject: RE: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Thank you very much! Is there a way for me to look up the call codes so I can see what they were for? I hope you had a nice weekend J Page 37 of 125 Michelle Irace , Planning Manager Department of Community Development 300 Seminary Avenue, Ukiah, CA 95482 www.cityofukiah.com/community-development From: Cedric Crook <ccrook@cityofukiah.com> Sent: Thursday, April 7, 2022 1:45 PM To: Michelle Irace <mirace@cityofukiah.com> Subject: Re: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Hi Michelle, Please see the attached regarding PD comments. On a side note, I've attached the calls for service there since Jan of last year. Looks like they had an issue in Sept. of last year w/ their alarm but that issue must have been resolved. Thanks, Cedric Crook Captain Ukiah Police Department 300 Seminary Avenue Ukiah, CA 95482 desk / 707-463-6771 fax / 707-462-6068 ccrook@cityofukiah.com www.ukiahpolice.com Safety Professionalism and Community Service From: Michelle Irace <mirace@cityofukiah.com> Sent: Wednesday, April 6, 2022 4:22 PM To: Matthew Keizer <mkeizer@cityofukiah.com>; Ian Broeske <ibroeske@cityofukiah.onmicrosoft.com>; Douglas Hutchison <dhutchison@cityofukiah.com>; Jason Benson <jbenson@cityofukiah.com>; Tim Eriksen <teriksen@cityofukiah.com>; Cindy Sauers <csauers@cityofukiah.com>; Sonu Upadhyay <supadhyay@cityofukiah.com>; Cedric Crook <ccrook@cityofukiah.com>; Noble Waidelich <nwaidelich@cityofukiah.com>; pbs@mendocinocounty.org <pbs@mendocinocounty.org>; Keith Gronendyke <gronendykek@mendocinocounty.org>; Greg Owen <gowen@cityofukiah.com> Cc: Jesse Davis <jdavis@cityofukiah.com>; Mireya Turner <mturner@cityofukiah.com> Subject: 1240 Airport Park Blvd United Disaster Relief Center Major Use Permit Referral Hello, The City of Ukiah Planning Division has received a Major Use Permit application to establish a permanent disaster relief center at 1240 Airport Park Blvd (APN 180-080-74). The Disaster Center has been operating under a temporary emergency order per Resolution No. 2021-47 and seeks to Page 38 of 125 establish temporary use of the facility. No exterior modifications to the building or existing footprint are proposed. Comments and suggested conditions of approval for the use permit are appreciated by April 20, 2022. Thank you, Michelle Irace, Planning Manager City of Ukiah Community Development Dept. 300 Seminary Avenue, Ukiah CA 95482 (707) 463-6203 Page 39 of 125 AGENDA ITEM NO. 12B Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 Staff Report ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 1 DATE: July 18, 2022 TO: Planning Commission FROM: Michelle Irace, Planning Manager SUBJECT: Recommendation to the City Council for Approval of an Initial Study & Negative Declaration, General Plan Amendment, and Rezone of 701 South Orchard Avenue (APN 003-181-01). File No.: 22-6938. SUMMARY OWNER: David Hull, D&J Investments, LLC APPLICANT: City of Ukiah LOCATION: 701 South Orchard Avenue (APN 003-181-01) TOTAL ACREAGE: ±0.65 acres GENERAL PLAN: Public (P) ZONING DISTRICT: Public Facilities (PF) AIRPORT COMPATIBILITY: ENVIRONMENTAL DETERMINATION: Zone 6 (Traffic Pattern Zone) As described in the Initial Study & Negative Declaration (ISND), the Project would result in no impact or a less than significant impact to all resources RECOMMENDATION: Approve a recommendation to the City Council for adoption of the ISND and approval of the Project (see Draft Findings in Attachment 1 and Draft Conditions of Approval in Attachment 2). BACKGROUND AND PROJECT DESCRIPTION Background. The Project site previously housed the City’s Electric Substation from the early 1980s to 2012. In April 2010, the Ukiah City Council approved a Major Site Development Permit, Use Permit, Rezone, General Plan Amendment, Lot Line Adjustment, and Mitigated Negative Declaration for construction of a new substation directly southwest of the site (File Nos. 09-03- GPA, 09-04-REZ, 09-05-SDP, 09-06-UP, 09-07-BLA). The new substation, which was completed in 2012, replaced and upgraded the previous substation that existed on the Project site. The Page 40 of 125 Staff Report ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 2 original substation was decommissioned, and aboveground infrastructure was removed, with the exception of one 400 sf shed, 115 kilovolt (kV) transmission pole and one 12kV distribution pole with guy wires and anchors that remain on-site. Underground infrastructure such as foundations, conduits and cables, and vaults remain in place on the west side of the property. The site has remained vacant since the decommissioning but was used for storage of materials and equipment by the City’s Electric Utility Department. The Project parcel is part of the Limited Development and Property Exchange Agreement approved by City Council on March 2, 2022, in association with the Ukiah Western Hills Open Land Acquisition and Limited Development Project (approved by City Council on September 15, 2021). Under the Property Exchange Agreement component, the City conveyed three City-owned parcels including the Project site (APNs 003-582-38; 003-181-01; 003-190-08-00/003-500-19- 00), to a private property owner (Hull) in exchange for lands owned by Hull within the Western Hills for open space and public purposes. As of June 13, 2022, Hull maintains ownership of the parcels, including the Project site. The aforementioned City Council meetings and associated documents for the Western Hills Project may be found online at: https://cityofukiah.com/meetings/. Since acquiring the property, a Determination of Appropriate Use (a “Director’s Determination”) was requested by Hull to use the site for temporary storage of construction materials associated with the Western Hills Project (specifically, utility and road improvements). The Director’s Determination (dated May 5, 2022) allows temporary storage of limited materials and equipment for a period of 18 months (Attachment 3). Location. The 0.65-acre Project site is located on the corner of East Gobbi Street and South Orchard Avenue at 701 South Orchard Avenue (APN 003-181-01). The site is accessed via two gated driveways along Orchard Avenue. The Project site is surrounded by an eight foot (8’) chain link fence. The site is predominantly flat containing gravel and hardscape, with vegetation along the fence line. There is electric service connected to security cameras and the existing shed that was previously used by the City’s Electric Utility Department. Water service is also connected to the irrigation system for landscaping along the perimeter of the site. Project Description. The Project site has a City of Ukiah General Plan (1995) designation of Public (P) and is zoned Public Facilities (PF). The Public land use designation and PF zoning designation are intended to be applied to properties which are used for or are proposed to be used for public or quasi-public purposes or for specified public utility purposes. The Project proposes to rezone the parcel from Public Facilities (PF) to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). No development is proposed at this time. The Rezone and General Plan Amendment are required because the parcel is no longer owned by the City and used for public proposes. The Commercial General Plan designation applies to lands appropriate for a variety of commercial uses where commerce and business may occur; uses are further specified within the corresponding zoning districts. As described in Ukiah City Code §9080, the purpose of the C1 zoning district is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. Many commercial uses (such as restaurants, general retail, personal improvement establishments, and certain residential uses) are allowed within the C1 district, while others (such as auto repair shops, cannabis related Page 41 of 125 Staff Report ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 3 businesses, community care facilities, bars, and certain residential uses) require approval of a Use Permit. All future development is required to adhere to C1 zoning regulations. See Staff Analysis for more information. Figure 1 provides an aerial image of the Project site, Figure 2 shows the General Plan designations, and Figure 3 shows the zoning designations. Photographs depicting views of the existing site are included in the application materials in Attachment 4. SURROUNDING LAND USE & ZONING The Project site is bounded by commercial land uses to the north, U.S. Highway 101 to the east residential uses to the south, and a vacant lot to the west. The City’s Electric Utility Substation is located southwest of the site, across Orchard Avenue. A summary of general plan and zoning designations and land uses directly adjacent to the site is provided below in Table 2. Table 2, Surrounding Zoning and Land Uses Figure 1, Project Location GENERAL PLAN: ZONING: USE: NORTH Commercial (C) Community Commercial (C1) Commercial EAST N/A N/A U.S Highway 101 and County jurisdiction SOUTH Medium Density Residential Planned Development- Residential (Brookside Estates) Residential WEST Commercial C1 Vacant Page 42 of 125 Staff Report ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 4 2, General Plan Designations Figure 3, Zoning Designations Existing P designation proposed as C Existing PF designation proposed as C1 Page 43 of 125 Staff Report ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 5 AGENCY COMMENTS The application was referred to departments and agencies with jurisdiction or interest in the Project, including the City of Ukiah Community Development Department- Building Official, City of Ukiah Police Department, City of Ukiah Public Works Department, City of Ukiah Electric Utility Department, Ukiah Valley Fire Authority, Ukiah Municipal Airport, Mendocino County Planning and Building Services Department, Mendocino County Airport Land Use Commission , Mendocino County Environmental Health Department, Mendocino County Surveyor, California Military Branches, and California Department of Transportation. Comments received during agency review are included in Attachment 5 and Draft Conditions of Approval are contained in Attachment 2. STAFF ANALYSIS General Plan and Zoning Consistency The Project proposes to rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because typically PF parcels are owned by a public entity and used for public purposes; the parcel is no longer owned by the City, nor is it used for municipal purposes. The Project site is surrounded largely by commercial and residential uses. Other C1 zoned parcels (with Commercial General Plan designations) currently exist immediately west and north of the site. Future development of the site would require adherence to all C1 zoning regulations. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. The Project supports General Plan goals and policies related to commercial and economic development, as it would provide an opportunity for commercial (or other) development on-site. As such, the proposed General Plan Amendment and Rezone would be consistent with the City’s General Plan and zoning code. Per UCC §9265(d), the Planning Commission shall hold at least one public hearing on any proposed zoning or General Plan amendment, and formulate a recommendation to the City Council. The Planning Commission’s recommendation shall be advanced to the City Council for consideration at the next available meeting (tentatively scheduled for August 17, 2022). Airport Compatibility The Project parcel is located approximately 0.72 mi southwest of the Ukiah Municipal Airport within Airport Compatibility Zone 6 (Traffic Pattern Zone) of the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), which is where aircraft are typically at or below 1,000-foot traffic pattern altitude. According to Table 3A of the UKIALUCP, many uses such as a variety residential and commercial, and retail uses are listed as conditionally compatible, subject to density, height, and use development standards. Although the Project does not include development, because the Project involves a general plan amendment and rezone, the Project requires formal review by the Mendocino County Airport Land Use Commission (ALUC), per UKIALUCP Policy 1.4.5. As such, on June 16, 2022, the Project was reviewed by the ALUC; the ALUC found the Project to be consistent with the UKIALUCP. All future development would have to comply with the UKIALUCP and may require additional review by the ALUC. Page 44 of 125 Staff Report ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 6 ENVIRONMENTAL DOCUMENTATION In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division prepared a draft Initial Study and Negative Declaration (ISND) for the proposed Project. The ISND (State Clearinghouse No. 2022060474) was circulated for public review from June 21, 2022, through July 25, 2022. The Draft ISND is included as Attachment 6. No written public comments on the ISND have been received as of the date of this Staff Report. The ISND found that the Project would result in a less than significant impact to Energy, Hazards and Hazardous Materials, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation, and Wildfire; and no impact to Aesthetics, Agriculture and Forestry, Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Mineral Resources, Recreation, and Utilities and Service Systems. While the Project would rezone the property from PF to C1, creating the potential for future commercial and residential development opportunities, no development is proposed at this time. Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, size and timing of future development is unknown. Additionally, future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would require building permits for consistency with building and safety codes. Additional environmental and discretionary review may also be required. Based upon the analysis contained within the Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed therein. As such, a Negative Declaration was prepared for the Project and no mitigation measures are proposed or required. NOTICE The Notice of Intent to adopt the ISND and conduct a public hearing for the Project was provided in the following manner, in accordance with Ukiah City Code (UCC) §9265 and California Environmental Quality Act (CEQA) Guidelines §15073: • Provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on June 21, 2022; • Posted on the City’s webpage on June 22, 2022; • Published in the Ukiah Daily Journal on June 24, 2022; • Posted on the Project site on June 28, 2022; and • Posted at the Civic Center (glass case) 72 hours prior to the public hearing. RECOMMENDATION The Ukiah City Code places the authority for adoption of the Initial Study and Negative Declaration, as well as approval of the General Plan Amendment and Rezone (Project) with the City Council. The Planning Commission has the authority to consider the aforementioned and make recommendations to the City Council. Findings to adopt the ISND and approve the General Plan Amendment and Rezone are included in Attachment 1. Page 45 of 125 Staff Report ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 7 As such, Staff recommends Planning Commission: 1) Conduct a public hearing; 2) Approve a recommendation to the City Council to adopt the Initial Study and Negative Declaration; and 3) Approve a recommendation to the City Council to approve the General Plan Amendment and Rezone. ATTACHMENTS 1. Draft Findings 2. Draft Conditions of Approval 3. Director’s Determination, dated May 5, 2022 4. Application Materials 5. Agency Comments 6. Draft Initial Study and Negative Declaration, dated June 21, 2022 Page 46 of 125 Findings ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 1 ATTACHMENT 1 DRAFT FINDINGS TO ADOPT AN INITIAL STUDY & NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT AND REZONE OF 701 SOUTH ORCHARD AVENUE FILE NO.: 22-6938 The Community Development Department’s recommendation for approval of Initial Study & Negative Declaration (SCH No. 2022060474), General Plan Amendment and Rezone of 701 South Orchard Avenue (APN 003-181-01) is based in part on the following findings, in accordance with UCC §9265 and CEQA Guidelines §15074. 1. The Project site is surrounded largely by commercial and residential uses. Other C1 zoned parcels (with Commercial General Plan designations) currently exist immediately west and north of the site. Future development of the site would require adherence to all C1 zoning regulations. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. As such, the proposed General Plan Amendment and Rezone would be consistent with the City’s General Plan and zoning code, and would be compatible with surrounding land uses. 2. In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division prepared a draft Initial Study and Negative Declaration (ISND) for the proposed Project. The Lead Agency (City) consulted with all responsible agencies and trustee agencies. 3. The Draft ISND (State Clearinghouse No. 2022060474) was circulated for public review from June 21, 2022, through July 25, 2022. 4. Based upon the analysis contained within the Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed herein. As such, a Negative Declaration was prepared for the Project and no mitigation measures are proposed or required. 5. Based on the findings and conclusions contained in the ISND, the proposed Project would not have environmental effects which would cause substantial adverse effects on humans, either directly or indirectly; and there is no substantial evidence in light of the whole record before the City of Ukiah (including the ISND and any comments received) that the Project would have a significant effect on the environment. 6. Based upon the analysis, findings, and conclusions contained in the ISND, the Project will not result in impacts that are individually limited, but cumulative considerable. 7. The Notice of Availability for the public review period, and the Notice of Intent to adopt the ISND and conduct a public hearing was provided in the following manner, in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines §15073: Provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on June 21, 2022; posted on the City’s webpage on June 22, 2022; published in the Ukiah Daily Journal on June 24, 2022; posted Page 47 of 125 Findings ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 2 on the Project site on June 28, 2022; and posted at the Civic Center (glass case) 72 hours prior to the public hearing. 8. The ISND and record of proceedings of the decision on the Project are available for public review at the City of Ukiah Community Development Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA. 9. On July 27, 2022, the Planning Commission held a public meeting and reviewed the proposed ISND, General Plan Amendment and Rezone. The meeting was properly noticed in accordance with UCC §9265 and CEQA Guidelines §15073. The Planning Commission recommended that City Council approve the ISND, General Plan Amendment and Rezone. 10. On August 17, 2022, the City Council held a public hearing in accordance with UCC §9265 and CEQA Guidelines §15073 to receive public comment and consider the Planning Commission’s recommendation for approval of the ISND, General Plan Amendment and Rezone. 11. On August 17, 2022, the City Council adopted Resolution 22-XXXX, adopting the ISND, and approving the General Plan Amendment and Rezone. Page 48 of 125 Draft Conditions of Approval ISND, General Plan Amendment, and Rezone 701 Orchard Avenue File No.: 22-6938 1 ATTACHMENT 2 DRAFT CONDITIONS OF APPROVAL FOR AN INITIAL STUDY & NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT AND REZONE OF 701 SOUTH ORCHARD AVENUE FILE NO.: 22-6938 The following Conditions of Approval shall be made a permanent part of the Project, and shall remain in force regardless of property ownership, and shall be implemented in order for t his entitlement to remain valid. Project Summary. The Project proposes to rezone the parcel from Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). No development is proposed at this time. The Rezone and General Plan Amendment are required because the parcel is no longer owned by the City and used for public proposes. The following Conditions of Approval apply to the Project. City of Ukiah Special Conditions 1. Future development of the site shall be in conformance with all C1 zoning regulations, in addition to all applicable Building Code and life safety regulations. Additional discretionary and environmental review may be required. 2. The temporary use of the site for storage of construction materials and equipment associated with the Western Hills Open Land Acquisition and Limited Development Agreement Project shall comply with the stipulations and requirements outlined within the Director’s Determination, dated May 5, 2022, regardless of the approval of the General Plan Amendment and Rezone. City of Ukiah Standard Conditions 3. City Council approval is not effective until the 10-day appeal period applicable to the project has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal. Page 49 of 125 Department of Community Development 300 Seminary Ave. Ukiah, CA 95482 planning@cityofukiah.com (707) 463-6203 1 2 Date: May 5, 2022 3 4 To: 701 S. Orchard Ave. – Planning Director Determinations File 5 6 From: Craig Schlatter, Community Development (Planning) Director 7 8 Subject: Determination of Appropriate Use for temporary storage of construction tools and 9 supplies, used in conjunction with the Western Hills Development Project, at 701 10 S. Orchard Ave. 11 12 13 David Hull has applied for a Director’s Determination to utilize 701 S. Orchard Ave. as a site for 14 temporary storage of construction tools and supplies used in conjunction with the Western Hills 15 Development Project. According to Mr. Hull’s application (Attachment 1), storage would begin 16 immediately and be ongoing for 12-18 months, with the first shipment of materials expected to 17 arrive as early as this week. 18 19 The property located at 701 South Orchard Avenue (APN 003-181-01) is zoned Public Facility 20 (PF). The allowed uses (9170.1) and permitted uses (9170.2) do not specifically list temporary 21 storage of construction tools and supplies as an allowed or permitted use. Permanent storage 22 facilities and bulk fuel storage is listed as a permitted use. 23 24 Zoning ordinance section 9170.8, Determination of Appropriate Use, allows the Community 25 Development (Planning) Director to determine if the use is appropriate for the Zoning District, 26 either as a right or subject to a use permit. In making the determination, the Planning Director 27 shall find as follows: 28 29 1.That the use would not be incompatible with other existing or allowed uses in the PF30 Zoning District.31 32 2.That the use would not be detrimental to the continuing development of the area in33 which the use would be located.34 35 3.In the case of determining that a use not articulated as an allowed or permitted use36 could be established with the securing of a use permit, the Planning Director shall find37 that the proposed use is similar in nature and intensity to the uses listed as permitted38 uses. All determinations of the Planning Director regarding whether a use can be39 allowed or permitted in the Public Facility (P-F) Zoning District shall be final unless a40 written appeal to the City Council, stating the reasons for the appeal, and the appeal fee,41 if any, established from time to time by City Council resolution, is filed with the City Clerk42 within ten (10) days of the date the decision was made. Appeals may be filed by an43 applicant or any interested party. The City Council shall conduct a duly noticed public44 hearing on the appeal in accordance to the applicable procedures as set forth in this45 Chapter. At the close of the public hearing, the City Council may affirm, reverse, revise46 or modify the appealed decision of the Planning Director. All City Council decisions on47 appeals of the Planning Director's actions are final for the City. (Ord. 1006, §1, adopted48 1998) 49 ATTACHMENT 3 Page 50 of 125 701 South Orchard Avenue Director Determination – Hull Temporary Storage PF Zoning District May 5, 2022 2 Findings for Determination of Appropriate Use. The temporary storage of construction tools 50 and supplies has been determined to be appropriate as an allowed use based on the following. 51 52 Finding 1. The subject property at 701 S Orchard Ave is zoned Public Facility and was the 53 previous location for a City of Ukiah electric substation. In 2012, a new substation was 54 constructed directly to the southeast at 724 S Orchard Ave, and the substation at 701 S 55 Orchard Ave was closed and vacated. Since this time, the City’s Electric Utility Department 56 has utilized the subject property for storage of electrical infrastructure materials. The 57 proposed use at the subject property would be similar to uses on the property since 2012. 58 59 Finding 2. Temporary storage of construction materials is different than storage facilities and 60 bulk fuel storage in terms of use. New storage facilities must consider parking, landscaping, 61 etc. while new bulk storage must consider safety, compliance with local, State, and federal 62 regulations, etc. Temporary storage of construction materials as proposed by Mr. Hull would 63 involve storage of building supplies and materials on a limited basis, not to exceed 18 months. 64 There are no employees on-site, no aboveground storage tanks, and no new permanent 65 facilities. There are also no site improvements in addition to those already present. 66 67 Because no new construction of structures or other physical property improvements are 68 proposed and because storage at the site would be temporary, for a period not to exceed 18 69 months, and utilize site improvements already present (namely, a 400-square foot storage 70 shed), the proposed use is found to be similar to other allowed uses in the Public Facility 71 Zoning District. 72 73 The proposed use is an up to 18-month temporary use and therefore would not be 74 detrimental to the continuing development of the area in which the use would be located. 75 76 Finding 3. There are “allowed” uses in the Public Facility zoning district that are more intense 77 than the proposed use and do not require a use permit. These uses include fairgrounds, which 78 typically involve ongoing activities for large events- including temporary storage of materials 79 and staging of equipment. 80 81 Conclusion. Based on the three aforementioned findings, the Planning Director determines 82 the following for the subject property: 83 84 1. The temporary (not to exceed 18 months from the date of this Director’s Determination) 85 storage of construction tools and supplies for the Western Hills Development Project is 86 appropriate for the Public Facility Zoning District as an allowed use. 87 2. Construction tools and supplies will be stored in a manner appropriate and similar to 88 incidental storage for Public Facility allowed uses. 89 3. Other storage not related to construction, including but not necessarily limited to temporary 90 storage for non-construction supplies and materials, vehicle parking, permanent storage, 91 and/or storage facilities, is not permissible as an allowed use under this Director’s 92 Determination but may be permissible through approval of a Use Permit and/or Site 93 Development Permit. 94 4. Site improvements are not permissible as an allowed use under this Director’s 95 Determination but may be permissible through the approval of a Use Permit and/or Site 96 Development Permit. 97 98 99 Page 51 of 125 701 South Orchard Avenue Director Determination – Hull Temporary Storage PF Zoning District May 5, 2022 3 Attachment: 100 101 1. Director Determination Application Materials date stamped April 19, 2022 102 103 104 Page 52 of 125 Page 53 of 125 Page 54 of 125 Page 55 of 125 Page 56 of 125 Page 57 of 125 Page 58 of 125 Page 59 of 125 From:David Hull To:Michelle Irace Cc:Maya Simerson; Craig Schlatter; Lori Martin; Kaylie Edwards Subject:Re: 701 S Orchard Ave power Date:Monday, April 18, 2022 4:56:40 PM Attachments:image002.png Ukiah-Planning-Permit-Application_09272019.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Michelle, Thank you we would like to pursue this and will bring the application and the check in tomorrow. Thank you. Sent from my iPhone On Apr 18, 2022, at 2:19 PM, Michelle Irace <mirace@cityofukiah.com> wrote:  Hi Maya (and Dave), I looked into this request and because our zoning code does not allow stand-alone private storage on vacant lots, the Planning Division cannot approve the request for power (and storage) at this location. I understand the uniqueness of the situation, and if personal storage on vacant lots was allowed within the C1 district, we may have been able to make an exception and allow the temporary storage while the project is going through the Rezone process. However, even once Rezoned, the use would not be allowed unless there is an associated primary commercial use on-site that requires storage. The historical primary use of the site was for the that received a Major Site Development Permit/Use Permit (SDP/UP). The associated stored equipment and existing shed (accessory use to the primary use) is different than a “continued” use for private storage with no current associated land use. Moreover, all development and use of PF parcels require an SDP, as PF parcels are held to a higher standard. Similarly, with very few exceptions, any development proposal on a vacant C1 parcel would require an SDP and/or UP. If Hull wishes to propose establishing a permanent storage facility on-site, a SDP/UP application needs to be submitted. However, in our conversation this morning you mentioned the possibility of Hull using the site for construction staging related to improvements associated with the Western Hills Development Parcels access and utility improvements. The Community Development Department has approved temporary use of sites for construction staging in special instances, particularly when a building permit has already been submitted or there is a clear outlined timeline of construction and staging activities Page 60 of 125 provided in writing. If you would like to pursue seeking potential approval for this type of temporary use, please submit a Planning Permit application for Determination of Appropriate use, also known as a “Director’s Determination”, per UCC Section 9170.8. The fee is $250 (flat fee) and a written description of the request, specific proposed uses, items stored, timeline, and justification for power related to this use should be included. I am Ccing both Craig and Lori to keep them in the loop. Please let me know if you have any questions, Michelle §9170.8 DETERMINATION OF APPROPRIATE USE Whenever a use is not listed in this Article as a use permitted by right or a use subject to a use permit in the PF Zoning District, the Planning Director shall determine whether the use is appropriate for the Zoning District, either as a right or subject to a use permit. In making this determination, the Planning Director shall find as follows: A. That the use would not be incompatible with other existing or allowed uses in the PF Zoning District. B. That the use would not be detrimental to the continuing development of the area in which the use would be located. C. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. Michelle Irace , Planning Manager Department of Community Development 300 Seminary Avenue, Ukiah, CA 95482 www.cityofukiah.com/community-development From: Maya Simerson <msimerson@cityofukiah.com> Sent: Wednesday, April 13, 2022 9:23 AM To: Michelle Irace <mirace@cityofukiah.com> Cc: David Hull <davehullins@gmail.com> Subject: 701 S Orchard Ave power Page 61 of 125 Hi Michelle, We’d like to see if we can approve the use of electric for the 701 S Orchard Ave. This is a unique situation where a private property owner has purchased a parcel from the City and wants to temporarily continue to use it in the same way that the parcel was being used by the City while it goes through the re-zone process. Hull proposes to: Continue to use building as its existing use, need to be able to use the lights Install camera system for security and fire safety of property Run irrigation system off existing valves to maintain landscaping and reduce fire risk Thanks, Maya Page 62 of 125 22-6938Rec. 3/24/22ATTACHMENT 4Page 63 of 125 Page 64 of 125 Page 65 of 125 Page 66 of 125 Page 67 of 125 Page 68 of 125 701 South Orchard Avenue Rezone Project Description Location The Project is located on a 0.65-acre vacant parcel, previously owned by the City of Ukiah, at the corner of Gobbi Street and Orchard Avenue (APN 003-181-01). No address is currently assigned, but records indicate a historic address of 701 South Orchard Avenue that is in the process of being re-established. The site is generally flat, and contains gravel and hardscape with little interior vegetation. The site is surrounded by an eight-foot fence that was approved as a part of the previous Substation project and vegetation along the fenceline. Land uses in the immediate vicinity include residential and commercial uses. See Figures 1 through 6 below depicting the existing site, surrounding uses, and zoning designations below. Background The Project parcel previously housed the City’s Electric Substation from the early 1980s to 2012. In April, 2010, the Ukiah City Council approved a Major Site Development Permit, Use Permit, Rezone, General Plan Amendment, Lot Line Adjustment, and Mitigated Negative Declaration for construction of a new substation southwest of the site (File Nos. 09-03-GPA, 09-04-REZ, 09-05- SDP, 09-06-UP, 09-07-BLA). The new substation, which was completed in 2012, replaced and upgraded the previous substation that existed on the Project site. The old substation was decommissioned and aboveground infrastructure was removed, with the exception of one 115kV transmission pole and one 12kV distribution pole with guying and anchors that remain on-site. Underground infrastructure such as foundations, conduits and cables, and vaults remain in place on the west side if the property. The Project site has remained vacant since the decommissioning but has been used for storage of materials and equipment by the City’s Electric Utility Department. The Project parcel is a part of Limited Development and Property Exchange Agreement that was approved by City Council on March 2, 2022, in association with the Ukiah Western Hills Open Land Acquisition and Limited Development Project (approved by City Council on September 15, 2021). Under the property Exchange Agreement component, the City conveyed three City-owned parcels including the Project site (APNs 003-582-38; 003-181-01; 003-190-08-00/003-500-19- 00), to a private property owner (Hull) in exchange for lands owned by Hull within the Western Hills for open space and public purposes. As of April 6, 2022, Hull maintains ownership of the parcels, including the Project site. Project documents for the Western Hills Project can be found online at: https://ukiahca.civicclerk.com/Web/Mobile/MobileVideo.aspx?id=1271. Project Description The Project proposes to Rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). As described in Ukiah City Code Section 9080, the purpose of the C1 zoning district is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial- serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. Rezoning is required because typically PF parcels are owned by a public entity and used for municipal purposes. The Rezone also requires a General Plan Amendment to change the land use designation from Public (P) to Commercial (C). No development is proposed at this time. Future development of the site would require adhere to all C1 zoning regulations, which may be found online at: https://www.codepublishing.com/CA/Ukiah/#!/Ukiah09/Ukiah0902-0700.html#art7. Page 69 of 125 Environmental Review Because the Project requires a General Plan Amendment, the Project does not qualify for an exemption under the California Environmental Quality Act (CEQA). As such, an Initial Study will be prepared for the Project to analyze potential impacts and identify mitigation measures to reduce impacts, if needed. Figure 1, Aerial Photo of Site with Previous Electric Utility Substation Figure 2, Aerial Photo of Existing Project Site and Surrounding Uses Page 70 of 125 Figure 3, Existing Zoning Designations Figure 4, Existing View of Project Site (Looking East) Page 71 of 125 Figure 5, Existing View of Project Site from South Orchard Avenue (Looking East) Figure 6, Existing View of Project Site from East Gobbi Street (looking West) Page 72 of 125 ATTACHMENT 5Page 73 of 125 From:Matthew Keizer To:Michelle Irace Subject:RE: Project Referral for 701 S Orchard Ave Rezone & General Plan Amendment Date:Wednesday, April 27, 2022 6:04:18 AM Attachments:image002.png image003.png No comments Matt Keizer, CBO, MCP, CFM Building Official Code Compliance Officer Email: mkeizer@cityofukiah.com 300 Seminary Ave Ukiah, CA 95482 Office 707-467-5786 Desk 707-467-5718 Fax 707-463-6204 Inspection 707-463-6739 http://www.cityofukiah.com/community-development/ CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Michelle Irace <mirace@cityofukiah.com> Sent: Tuesday, April 26, 2022 2:07 PM To: Ian Broeske <ibroeske@cityofukiah.com>; Douglas Hutchison <dhutchison@cityofukiah.com>; Matthew Keizer <mkeizer@cityofukiah.com>; Cindy Sauers <csauers@cityofukiah.com>; Sonu Upadhyay <supadhyay@cityofukiah.com>; Cedric Crook <ccrook@cityofukiah.com>; Tim Eriksen <teriksen@cityofukiah.com>; Jason Benson <jbenson@cityofukiah.com>; Greg Owen <gowen@cityofukiah.com>; Keith Gronendyke <gronendykek@mendocinocounty.org>; Julia Acker <ackerj@mendocinocounty.org>; enviroh@mendocinocounty.org Cc: Mireya Turner <mturner@cityofukiah.com>; Jesse Davis <jdavis@cityofukiah.com>; Craig Schlatter <cschlatter@cityofukiah.com> Subject: Project Referral for 701 S Orchard Ave Rezone & General Plan Amendment Hello, The City of Ukiah is seeking input on a proposed Rezone and General Plan Amendment at 701 South Orchard Avenue. As noted in the attached documents, the Project proposes to Rezone the parcel from Public Facilities (PF) to Community Commercial (C1). However, no development is proposed at this time. Comments and proposed Conditions of Approval would be appreciated by May 9, 2022. Page 74 of 125 Thank you, Michelle Irace , Planning Manager Department of Community Development 300 Seminary Avenue, Ukiah, CA 95482 www.cityofukiah.com/community-development Page 75 of 125 From:Chung, Steve U CIV USN COMNAVREG SW SAN CA (USA) To:Michelle Irace; john.j.gamelin@usmc.mil; mark.a.mahoney2@usace.army.mil; david.bell.3@us.af.mil Subject:RE: Project Referral for 701 S Orchard Ave Rezone & General Plan Amendment Date:Tuesday, May 3, 2022 3:32:33 PM Attachments:image001.png Good Afternoon Michelle, Thank you for sending along – proposed action does not create adverse impact on Navy operations. Greatly appreciate the opportunity to review the proposal. All the Best and V/R, Steve Chung NRSW Region CPLO - Encroachment Program Director DoD Pacific Coast Energy Compatibility 750 Pacific Highway, San Diego, CA 92132 Office: 619-705-5452 / Cell 619-723-5936 steve.u.chung@navy.mil From: Michelle Irace <mirace@cityofukiah.com> Sent: Tuesday, May 3, 2022 3:22 PM To: Chung, Steve U CIV USN COMNAVREG SW SAN CA (USA) <steve.u.chung@navy.mil>; john.j.gamelin@usmc.mil; mark.a.mahoney2@usace.army.mil; david.bell.3@us.af.mil Subject: [URL Verdict: Neutral][Non-DoD Source] Project Referral for 701 S Orchard Ave Rezone & General Plan Amendment Hello, The City of Ukiah is seeking input on a proposed Rezone and General Plan Amendment at 701 South Orchard Avenue, in Ukiah, CA. As noted in the attached documents, the Project proposes to Rezone the parcel from Public Facilities (PF) to Community Commercial (C1). No development is proposed at this time. However, in accordance with Government Code Section 65302(a)(2), because it involves a General Plan Amendment, the City is required to include you in the initial project referral that gets sent to departments and agencies with jurisdiction or interest over the project (see attached City policy related to this for more information. The referral was initially sent last week with a deadline of May 9 (as shown on the attached referral). However, because I inadvertently did not include you, your comments (if any) would be appreciated by May 17th. Thank you, Michelle Irace , Planning Manager Department of Community Development 300 Seminary Avenue, Ukiah, CA 95482 Page 76 of 125 www.cityofukiah.com/community-development Page 77 of 125 From:Gamelin CIV John J To:Michelle Irace Subject:RE: Project Referral for 701 S Orchard Ave Rezone & General Plan Amendment Date:Tuesday, May 3, 2022 3:31:59 PM Hi Michelle, Thank you for the opportunity to review this proposed Rezone and General Plan Amendment at 701 South Orchard Avenue, in Ukiah, CA. MCIWEST has reviewed and has no comments germane to this amendment. Best, JJ John J. Gamelin Deputy G-7, MCIWEST Camp Pendleton CA Email: john.j.gamelin@usmc.mil Phone: 760 725-2668 -----Original Message----- From: Michelle Irace <mirace@cityofukiah.com> Sent: Tuesday, May 3, 2022 3:22 PM To: Steve.u.chung@navy.mil; Gamelin CIV John J <john.j.gamelin@usmc.mil>; mark.a.mahoney2@usace.army.mil; david.bell.3@us.af.mil Subject: [URL Verdict: Neutral][Non-DoD Source] Project Referral for 701 S Orchard Ave Rezone & General Plan Amendment Hello, The City of Ukiah is seeking input on a proposed Rezone and General Plan Amendment at 701 South Orchard Avenue, in Ukiah, CA. As noted in the attached documents, the Project proposes to Rezone the parcel from Public Facilities (PF) to Community Commercial (C1). No development is proposed at this time. However, in accordance with Government Code Section 65302(a)(2), because it involves a General Plan Amendment, the City is required to include you in the initial project referral that gets sent to departments and agencies with jurisdiction or interest over the project (see attached City policy related to this for more information. The referral was initially sent last week with a deadline of May 9 (as shown on the attached referral). However, because I inadvertently did not include you, your comments (if any) would be appreciated by May 17th. Thank you, Michelle Irace , Planning Manager Department of Community Development Page 78 of 125 300 Seminary Avenue, Ukiah, CA 95482 www.cityofukiah.com/community-development <http://www.cityofukiah.com/community-development> Page 79 of 125 CALIFORNIA ENVIRONMENTAL QUALITY ACT INITIAL STUDY AND NEGATIVE DECLARATION GENERAL PLAN AMENDMENT AND REZONE OF 701 SOUTH ORCHARD AVENUE June 21, 2022 SCH No: XXXXXX Prepared by: City of Ukiah Community Development Department Planning Division 300 Seminary Avenue, Ukiah, CA 95482 ATTACHMENT 6 Page 80 of 125 2 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Table of Contents I. PROJECT INFORMATION 3 II. PROJECT DESCRIPTION 4 1. Project Location 4 2. Environmental Setting and Background 4 3. Project Components 5 III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 10 IV. DETERMINATION 11 V. EVALUATION OF ENVIRONMENTAL IMPACTS 12 1. Aesthetics 12 2. Agriculture and Forestry Resources 14 3. Air Quality 15 4. Biological Resources 17 5. Cultural Resources 18 6. Energy 20 7. Geology and Soils 22 8. Greenhouse Gas Emissions 23 9. Hazards and Hazardous Materials 25 10. Hydrology and Water Quality 28 11. Land Use and Planning 29 12. Mineral Resources 31 13. Noise 32 14. Population and Housing 33 15. Public Services 34 16. Recreation 35 17. Transportation 36 18. Tribal Cultural Resources 38 19. Utilities and Service Systems 39 20. Wildfire 41 21. Mandatory Findings of Significance 42 VI. REFERENCES 44 Page 81 of 125 3 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah I. PROJECT INFORMATION Project Title: General Plan Amendment and Rezone of 701 South Orchard Avenue Lead Agency Address and Phone Number: City of Ukiah, Community Development Department 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 CEQA Contact Person and Phone Number: Michelle Irace, Planning Manager City of Ukiah, Community Development Department (707) 463-6203 mirace@cityofukiah.com Applicant: Maya Simerson, Project Administrator, City Manager’s Office, City of Ukiah Property Owner: Dave Hull Project Location: 701 South Orchard Avenue (APN 003-181-01) Existing General Plan Designation: Public Existing Zoning District: Public Facilities (PF) Proposed General Plan Designation: Commercial (C) Proposed Zoning District: Community Commercial (C1) Page 82 of 125 4 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah II. PROJECT DESCRIPTION 1. Project Location The 0.65-acre Project site is located on the corner of East Gobbi Street and South Orchard Avenue at 701 South Orchard Avenue (APN 003-181-01). The site is accessed via two gated driveways along Orchard Avenue. Land uses in the immediate vicinity include residential and commercial uses. Additionally, the City’s Electric Utility Substation is located southwest of the site, across Orchard Avenue. Figure 1 provides a location map of the site, Figure 2 provides an aerial image of the Project site, Figures 3 and 4 show the existing General Plan and zoning designations, and Figures 5 through 8 depict existing views of the site. 2. Environmental Setting and Background The Ukiah Valley is approximately nine miles long, running north to south, comprising more than 40,000 acres along U.S. Route 101. The Russian River follows the valley, winding through agricultural lands just outside of Ukiah to the east. The valley is approximately 630 feet in elevation, with the hills of the Mendocino and Mayacamas ranges that flank the valley reaching up to 3,000 feet in elevation. The City of Ukiah is located approximately 155 miles south of Eureka, 110 miles north of San Francisco, and is situated along US 101 in southeastern Mendocino County. US 101 freeway traverses the City of Ukiah in a north/south direction. State Route (SR) 222, also known as Talmage Road, is a short east/west state highway that intersects US 101 in the southern portion of the City of Ukiah. US 101 connects Ukiah to Santa Rosa and San Francisco, providing major regional access to the City. SR 253, located at the south end of Ukiah, begins at US 101 and travels in an east/west direction connecting Ukiah with SR 1 along the coast. The City of Ukiah spans more than 3,000 acres (4.7 square miles), and is regionally significant, serving as the seat of Mendocino County. The Project site previously housed the City’s Electric Substation from the early 1980s to 2012. In April 2010, the Ukiah City Council approved a Major Site Development Permit, Use Permit, Rezone, General Plan Amendment, Lot Line Adjustment, and Mitigated Negative Declaration for construction of a new substation directly southwest of the site (File Nos. 09-03-GPA, 09-04-REZ, 09-05-SDP, 09- 06-UP, 09-07-BLA). The new substation, which was completed in 2012, replaced and upgraded the previous substation that existed on the Project site. The original substation was decommissioned, and aboveground infrastructure was removed, with the exception of one 400 sf shed, 115 kilovolt (kV) transmission pole and one 12kV distribution pole with guy wires and anchors that remain on-site. Underground infrastructure such as foundations, conduits and cables, and vaults remain in place on the west side of the property. The site has remained vacant since the decommissioning but has been used for storage of materials and equipment by the City’s Electric Utility Department. The Project site is surrounded by an eight foot (8’) chain link fence. The site is predominantly flat containing gravel and hardscape, with vegetation along the fence line. There is electric service connected to security cameras and the existing shed that was previously used by the City’s Electric Utility Department. Water service is also connected to the irrigation system for landscaping along the perimeter of the site. The Project parcel is part of the Limited Development and Property Exchange Agreement approved by City Council on March 2, 2022, in association with the Ukiah Western Hills Open Land Acquisition and Limited Development Project (approved by City Council on September 15, 2021).1 Under the 1 The September 15, 2021, and March 2, 2022 City Council meetings and associated documents for the Western Hills Project may be found online at: https://cityofukiah.com/meetings/ Page 83 of 125 5 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Property Exchange Agreement component, the City conveyed three City-owned parcels including the Project site (APNs 003-582-38; 003-181-01; 003-190-08-00/003-500-19-00), to a private property owner (Hull) in exchange for lands owned by Hull within the Western Hills for open space and public purposes. As of June 13, 2022, Hull maintains ownership of the parcels, including the Project site. The site remains vacant but is being used for temporary of construction materials associated with the Western Hills Project. 3. Project Components The Project site has a City of Ukiah General Plan (1995) designation of Public (P) and is zoned Public Facilities (PF). The Public land use designation and PF zoning designation are intended to be applied to properties which are used for or are proposed to be used for public or quasi-public purposes or for specified public utility purposes. The Project proposes to rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because typically PF parcels are owned by a public entity and used for public purposes. The Commercial General Plan designation applies to lands appropriate for a variety of commercial uses where commerce and business may occur; uses are further specified within the corresponding zoning districts. As described in Ukiah City Code Section 9080, the purpose of the C1 zoning district is “to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects.” Many commercial uses (such as restaurants, general retail, personal improvement establishments, and certain residential uses) are allowed within the C1 district, while others (such as auto repair shops, cannabis related businesses, community care facilities, bars, and certain residential uses) require approval of a Use Permit. The current private property owner plans to develop the property for commercial uses in the future, but does not have a proposed plan at this time. Future development of the site would require adherence to all C1 zoning regulations, which may be found online at: https://www.codepublishing.com/CA/Ukiah/#!/Ukiah09/Ukiah0902-0700.html#art7. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. See Section V.11, Land Use and Planning of this Initial Study, for more information. The application was referred to departments and agencies with jurisdiction or interest in the Project, including the City of Ukiah Community Development Department- Building Official, City of Ukiah Police Department, City of Ukiah Public Works Department, City of Ukiah Electric Utility Department, Ukiah Valley Fire Authority, Ukiah Municipal Airport, Mendocino County Planning and Building Services Department, Mendocino County Environmental Health Department, Mendocino County Surveyor, California Military Branches, and California Department of Transportation. No substantive comments requiring revisions to the Project Description or Conditions of Approval were received through this review. Page 84 of 125 6 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Figure 1, Project Location Map Figure 2, Aerial of Project Site Project Site Project Site Page 85 of 125 7 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Figure 3, General Plan Designation Map Figure 4, Zoning Designation Map Existing P designation proposed as C Existing PF zoning designation proposed as C1 Page 86 of 125 8 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Figure 5, Existing View of Project Site from Inside the Fence Looking East Figure 6, Existing View of Project Site from South Orchard Avenue Looking East Page 87 of 125 9 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Figure 7, Existing View of Project Site from East Gobbi Street Looking East Figure 8, Existing View of Project Site from East Gobbi Street Looking West Page 88 of 125 10 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah III.ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Purpose of the Initial Environmental Study: This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the Project, as proposed, would have a significant impact upon the environment. The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" requiring mitigation measures, as indicated by the checklist on the following pages. Aesthetics Agriculture & Forestry Air Quality Biological Resources Cultural Resources Energy Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance Summary of Findings: As discussed throughout the Initial Study, the Project proposes to rezone the existing parcel, currently zoned as public facilities (PF), to community commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because the site is no longer under City ownership or used for public purposes. While the Project would rezone the property from PF to C1, creating the potential for future commercial and residential development opportunities, no development is proposed at this time. Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, size and timing of future development is unknown. Additionally, future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would require building permits for consistency with building and safety codes. Additional environmental and discretionary review may also be required. Based upon the analysis contained within this Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed herein. As such, a Negative Declaration will be prepared for the Project. Page 89 of 125 Page 90 of 125 12 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah V. EVALUATION OF ENVIRONMENTAL IMPACTS The purpose of this Initial Study/Mitigated Negative Declaration (ISMND) is to provide an analysis of the potential environmental consequences as a result of the proposed Project. The environmental evaluation relied on the following categories of impacts, noted as column headings in the IS checklist, in accordance with CEQA Guidelines Appendix G. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” “Less Than Significant Impact” applies where the Project would not result in a significant effect (i.e., the Project impact would be less than significant without the need to incorporate mitigation). “No Impact” applies where the Project would not result in any impact in the category or the category does not apply. This may be because the impact category does not apply to the proposed Project (for instance, the Project Site is not within a surface fault rupture hazard zone), or because of other project- specific factors. 1. Aesthetics AESTHETICS. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Significance Criteria: Aesthetic impacts would be significant if the Project resulted in the obstruction of any scenic vista open to the public, damage to significant scenic resources within a designated Page 91 of 125 13 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah State scenic highway, substantial degradation to the existing visual character or quality of the site and its surroundings from public views, or generate new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the Project. Environmental Setting: Views of expansive hillsides, mostly within the County’s jurisdiction, surround the City. Some hillsides are densely forested with evergreen trees, while others are relatively open in comparison, dominated by mature oak trees set amid scrub and grasslands. Specific to resources within the City limits, one of the most notable scenic resources are the Western Hills, rising above the valley floor on the west side of Ukiah. Views on the Valley floor within the City of Ukiah include those typical of existing residential and commercial development and the majority of the land within the City limits is previously developed. In addition, some views of agricultural land uses within the City limits, or immediately outside of City limits, are available. Generally speaking, scenic vistas are typically described as areas of natural beauty with features such as topography, watercourses, rock outcrops, and natural vegetation that contribute to the landscape’s quality. Noted throughout the City of Ukiah’s 1995 General Plan are views of hillsides, open space areas and agricultural areas as scenic resources within the Ukiah Valley. Water in the form of creeks, streams, and rivers is often a prominent feature in the scenic landscape as well. The General Plan generally identifies U.S. Highway 101 through the entire Ukiah Valley as a local scenic corridor but does not identify location-specific scenic resources within the City limits. According to the California Department of Transportation’s (Caltrans) State Scenic Highway System Map, there are no designated state scenic highways within the vicinity of the Project. In addition, there are no highways identified as eligible for state designation. From the Project site, partial views Western Hills are available in the background to the west, while commercial and residential development along Gobbi and Orchard Streets is visible in the foreground. Example views are shown in Figures 5 through 8. Discussion: (a-d) No impact. As noted in the Project Description and shown in Figures 1 through 8, the Project site is in an urbanized area, surrounded by commercial and residential development. The site is vacant, with the exception of temporary construction materials that are being stored, a 400-sf shed, remnant concrete pilings and electric utility transmission poles. The site is hardscaped with little vegetation and is surrounded by an eight-foot fence. The Project proposes a rezone and general plan amendment of the parcel, but does not propose development or site improvements. As such, the Project would have no impact on visual resources, including the existing character of the site or surroundings, and existing light and glare. Potential future development would be reviewed on a project-level basis for impacts to visual resources. As such, the Project would have No impact on visual resources. Mitigation Measures: None Page 92 of 125 14 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 2. Agriculture and Forestry Resources AGRICULTURE AND FORESTRY RESOURCES. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Significance Criteria: The Proposed Project would have a potentially significant impact on agricultural resources if it would convert prime farmland to a non-agricultural use, conflict with a Williamson Act contract, or disrupt a viable and locally important agricultural use. The Project would have a potentially significant impact on forestry resources if it would result in the loss, rezoning or conversion of forestland to a non-forest use. Environmental Setting: Early agricultural efforts in the Ukiah Valley included the raising of livestock, and the growing of various grains, hay, alfalfa, and hops. When the Northwestern Pacific Railroad was completed in 1889; prunes, potatoes, pears, and hops could be grown and sent to San Francisco and other regional markets. Wine grapes were planted, and irrigation was practiced on a small scale. Through the 1950s, hops, pears, prunes and grapes were the most widely planted crops in the Ukiah Valley. After the railroad was completed, lumber mills sprang up in the Ukiah Valley and became the major industry in Mendocino County as trains took redwood logs and processed boards south to the San Francisco region. Today, much of the active agricultural land is located on the Valley floor and lower elevations along the Russian River system. Only a limited percentage of the Valley’s agricultural lands are currently protected under Williamson Act Agricultural Preserve contracts. According to the County of Mendocino’s Public GIS system, there are no Williamson Act contracts within the Project site or immediate vicinity. Page 93 of 125 15 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah There are no zoning districts within the City limits for Agriculture or Timber Preserve. While there is an overlay for agriculture in the Zoning Ordinance, it is not applied to any parcel within the City limits. There are a small number of City parcels that have current agricultural uses such as existing vineyards. However, these are ongoing non-conforming uses within non-agricultural zoning districts. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the majority of lands within the City of Ukiah are identified as “Urban Built-Up Land”. Discussion: (a-e) No Impact. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the Project site is designated as “Urban Built-Up Land” and does not contain Unique Farmland, or Farmland of Statewide Importance. As such, the Project would not convert Farmland, conflict with existing zoning for agriculture or forest land, and would not involve changes to the environment that would result in the conversion of agricultural resources to non-agriculture uses. No impact would occur. Mitigation Measures: None 3. Air Quality AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Significance Criteria: The Proposed Project would have a significant impact to air quality if it would conflict with an air quality plan, result in a cumulatively considerable net increase of criteria pollutant which the Mendocino County Air Quality Management District (MCAQMD) has designated as non- attainment, expose sensitive receptors to substantial concentrations of air pollutants, or result in emissions that create objectionable odors or otherwise adversely affect a substantial number of people. Page 94 of 125 16 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Environmental Setting: The Project is located within the North Coast Air Basin (NCAB), which includes Del Norte, Humboldt, Trinity, Mendocino, and northern Sonoma Counties, and is under the jurisdiction of the Mendocino County Air Quality Management District (MCAQMD). The area’s climate is considered Mediterranean, with warm, dry summers and cooler, wet winters. Summer high temperatures average in the 90s with high temperatures on very warm days exceeding 105 degrees. Summer low temperatures range between 50-60 degrees. Winter high temperatures generally range in the 50s and 60s. The average annual temperature is 58 degrees. Winter cold-air inversions are common in the Valley from November to February. Prevailing winds are generally from the north. Prevailing strong summer winds come from the northwest; however, winds can come from the south and east under certain short-lived conditions. In early autumn, strong, dry offshore winds may occur for several days in a row, which may cause air pollution created in the Sacramento Valley, Santa Rosa Plain, or even San Francisco Bay Area to move into the Ukiah Valley. The MCAQMD, which includes the City of Ukiah and surrounding areas, is designated as non- attainment for the State Standard for airborne particulate matter less than 10 microns in size (PM10). Particulate matter (PM) has significant documented health effects. The California Clean Air Act requires that any district that does not meet the PM10 standard make continuing progress to attain the standard at the earliest practicable date. The primary sources of PM10 are wood combustion emissions, fugitive dust from construction projects, automobile emissions and industry. Non- attainment of PM10 is most likely to occur during inversions in the winter. Regulation 1 of the MCAQMD contains regulations (known as “Rules”) to regulate particulate matter; these Rules prohibit activities that would result in the injury, detriment, or annoyance of a considerable number of people, or which endanger the health and safety of the public. The MCAQMD also provides the following significance thresholds for construction emissions: 1. 54 pounds per day of ROG (reactive organic gas) 2. 54 pounds per day of NOx (oxides of nitrogen as nitrogen dioxide) 3. 82 pounds per day of PM10 (particulate matter less than 10 microns in size) 4. 54 pounds per day of PM2.5
(airborne particulate matter with a diameter of 2.5 microns or less) 5. Best Management Practices for Fugitive Dust – PM10 and PM2.5 Discussion: (a-d) No impact. Typically, short-term construction related air quality impacts result from large projects requiring a significant amount of grading, demolition, or new construction that results in increased emission sand dust. Additionally, projects that require a large amount of vehicle trips and use of diesel equipment over an extended period (months) of time can result in air quality impacts. Long-term air quality impacts are typically from land uses that produce a significant amount of emissions, or sources of dust or other airborne irritants. As described in the Project Description, no development is proposed. All future development would comply with MCAQMD regulations. As such, the Project would have no impact on air quality. Page 95 of 125 17 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 4. Biological Resources BIOLOGICAL RESOURCES. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS) or any species protected under provisions of the Migratory Bird treaty Act (e.g. burrowing owls); substantial effect upon riparian habitat or other sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; substantial effect (e.g., fill, removal, hydrologic interruption) upon state or federally protected wetlands; substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors; conflict with any local policies/ordinances that protect biological resources or conflict with a habitat conservation plan. Page 96 of 125 18 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Environmental Setting: As noted in the Project Description, the Project site is previously disturbed and located within an urban area surrounded by existing development. The site is predominantly flat containing gravel and hardscape, with vegetation along the fence line. Databases queried for the presence of biological resources included the California Department of Fish and Wildlife California Natural Diversity Database (CNDDB) and the U.S Fish and Wildlife Service’s (USFWS) Critical Habitat Mapper; these databases showed no biological resources including sensitive species, critical habitat, riparian habitat, sensitive natural communities, wildlife habitat corridors, water resources, or wetlands on the site, nor in the immediate vicinity. Discussion: (a-f) No impact. As noted above, the site is previously disturbed and does not contain sensitive biological resources or habitat. Additionally, because the site is fully fenced in an urban area, there are no wildlife corridors going through the site and the Project would not impede the movement of wildlife. Lastly, there are no adopted Habitat Conservation Plans for the City of Ukiah, nor the larger Ukiah Valley that are applicable to the Project. As such, no impact to the biological resources would occur. Mitigation Measures: None. 5. Cultural Resources CULTURAL RESOURCES. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred outsides of dedicated cemeteries? Significance Criteria: The proposed Project would significantly impact cultural resources if the significance of a historical or archaeological resource were substantially changed, or if human remains were disturbed. Historical resources under CEQA include historic-era architectural resources within the built environment such buildings, structures, and other objects. Archaeological and unique archeological resources can also be considered historical resources, according to CEQA Section 15064.5 and Section 21083.2(g). Section 15064.5 states the term “historical resources” includes a resource listed or determined to be eligible for listing in the state or federal registers, in addition to a resource listed in the local register, or otherwise deemed to be historically significant by the lead agency by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4852) including the following: Page 97 of 125 19 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah a. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; b. Is associated with the lives of persons important in our past; c. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or d. Has yielded, or may be likely to yield, information important in prehistory or history. Additionally, Section 21083.2(g) identifies a unique archeological resource as an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: 1) Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information. 2) Has a special and particular quality such as being the oldest of its type or the best available example of its type. 3) Is directly associated with a scientifically recognized important prehistoric or historic event or person. In 2005, Senate Bill 18 (SB 18) established responsibilities for local governments to contact, provide notice to, refer plans to, and consult with California Native Tribes. The provisions of SB 18 apply only to city and county governments and not to other public agencies. Prior to the adoption or any amendment of a general plan or specific plan, a local government must notify the appropriate tribes (on the contact list maintained by the Native American Heritage Commission) of the opportunity to conduct consultations for the purpose of preserving, or mitigating impacts to, cultural places located on land within the local government's jurisdiction that is affected by the proposed plan adoption or amendment. Tribes have 90 days from the date on which they receive notification to request consultation, unless a shorter timeframe has been agreed to by the tribe (Government Code §65352.3). Environmental Setting: The Ukiah Township lies in a valley of the Russian River, bounded on the north by Calpella Township, on the east by Lake County, on the south by Sanel Township, and on the west by Anderson Township. The City of Ukiah was first settled in 1856 by Samuel Lowry. Initially incorporated into Sonoma County, an independent Mendocino County government was established in 1859 with Ukiah as the chosen county seat. Logging, cattle, and agricultural ventures contributed to the early settlement and growth of Ukiah throughout the remainder of the 19th century and early 20th century. 1889 is the date recorded for the first arrival of the train to Ukiah, quickly resulting in increased settlement of the City and its environs. The City of Ukiah is within the territory of the Northern Pomo. Permanent villages were often established in areas with access to staple foods, often times along eco-tones (transitions between varying environments), with access to good water, and generally flat land. The late 19th century saw slow growth in the community, with a slight decline after the turn of the century. The town grew steadily, though it remained a relatively remote outpost in the hinterlands of Northern California for several more decades. The area around the intersection of the current Perkins and Main streets was one of the earliest settlement locations for the town. Absalom Tidwell Perkins built a house for his family near the southwest corner of the current Perkins and Main streets, and built a feed stable on the Project site around 1857. By 1860, Ukiah had approximately 25 dwellings and a budding commercial district. Ukiah’s sparse population and relative remoteness delayed the arrival of the railroad. In 1886 the Cloverdale and Ukiah Railroad was formed to extend north to Ukiah; and the line was completed in 1889, 20 years after it began in Petaluma in 1869. The improved transportation network did open up Mendocino County to greater commercial and industrial growth, though the population did not expand rapidly. Page 98 of 125 20 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Discussion: (a-c) No impact. The Project parcel has historically been used for municipal (public) purposes and is previously disturbed. The Project site has remained vacant since the previous substation was decommissioned in 2012, but has been used for storage of materials and equipment by the City’s Electric Utility Department. It is mostly flat with gravel and hardscape. The site is currently being used for temporary of construction materials associated with the Western Hills Project. Because the site is previously disturbed and there is no development proposed, the Project would not result in an impact to cultural resources. Regardless, because the Project involves a general plan amendment a notification proving the opportunity for consultation in accordance with SB18 was sent to tribes within Mendocino County (as maintained by the Native American Heritage Commission), but no response requesting formal consultation was received. Based on the aforementioned, the Project would have no impact on cultural resources. 6. Energy ENERGY. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Significance Criteria: The Proposed Project would significantly impact energy if construction or operation of the Project would result in wasteful, inefficient or unnecessary consumption of energy resources or if the Project would conflict with a state or local plan for renewable energy or energy efficiency. Environmental Setting: Recent legislature has urged the State of California to conserve energy resources and provide renewable and zero-carbon energy resources in place of fossil fuels for generating electricity in the state. Specific to construction projects, the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA) contain standards to regulate energy consumption through Green Building Standards to ensure construction and operation does not result in wasteful, inefficient or unnecessary consumption of energy resources. In addition, current building codes require energy efficiency systems to be included in their plans for permit review. These building codes are regularly updated statewide through California Building Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations, Title 24, Part 6), commonly referred to as “Title 24” In general, Title 24 requires the design of building shells and building components to conserve energy, with standards to promote better windows, insulation, lighting, ventilation systems, and other features that reduce energy consumption in homes and businesses. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Page 99 of 125 21 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Discussion: (a-b) Less than significant impact. There is electric service connected to security cameras at the existing shed that was previously used by the City’s Electric Utility Department. The Project site is currently being used for temporary staging and storage of materials associated with the Western Hills project, but no development requiring additional electricity is included in this temporary use. Because no development is proposed, there would be no change in the operational sources of energy consumed. All future development would be required to comply with the aforementioned regulations related to energy efficiency. As such, the Project would have a less than significant impact on energy resources. Mitigation Measures: None Page 100 of 125 22 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 7. Geology and Soils GEOLOGY AND SOILS. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Significance Criteria: The Proposed Project would result in a significant impact to geological or soil resources if the Project exposed people or buildings to seismic risk; ruptured a known fault; produced strong seismic ground shaking, ground failure, liquefaction, landslides or substantial soil erosion; is located on expansive soil or unstable ground or create unstable ground; or destroyed a unique paleontological resource or geologic feature. Page 101 of 125 23 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Environmental Setting: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the Valley in a generally northwest-southeast direction, approximately 0.8-mi east of the City limits at its closets point. The Ukiah Valley is located within the North Coast Range geologic province, comprised of a geologic feature unique to California, the Franciscan Formation. The Franciscan Formation is comprised of serpentine, sandstone, and other sedimentary rocks. Based on California Geological Survey maps and the Background Report for the County of Mendocino General Plan Update (prepared by P.M.C., 2003), the City of Ukiah is outside of known areas of historic faults, Holocene Fault, Late Quaternary Fault and the Alquist-Priolo Earthquake Fault Zone. Because most of the lands within the City are generally flat, slope instability hazards are not a concern, with the exception of lands within the Western Hills. Discussion: (a-d) No Impact. The Project site sits at approximately 597 feet in elevation and is relatively flat. According to the U.S. Department of Agriculture, Natural Resources Conservation Service’s Web Soil Survey, the soils within the Project site are characterized as “113, Cole loam drained, 0 to 2 percent slopes”, which is described as soils consisting of very deep, somewhat poorly drained soils that formed in alluvium from mixed sources. However, the site is currently hardscaped with asphalt and gravel. In addition, according to the U.S. Geological Survey (USGS), the site does is not susceptible to landslides, nor strong seismic ground shaking. The Project does not include development; all new development in the future would adhere to California Building Code requirements pertaining to erosion, soil stability and seismic regulations. For the above reasons, the Project would have no impact to geology and soils. Mitigation Measures: None 8. Greenhouse Gas Emissions GREENHOUSE GAS EMISSIONS. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Significance Criteria: The Project would have a significant effect on greenhouse gas emissions if it would generate greenhouse gas emissions (GHG), either directly or indirectly, that may have a significant impact on the environment; or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Environmental Setting: Climate change is caused by greenhouse gases (GHGs) emitted into the atmosphere around the world from a variety of sources, including the combustion of fuel for energy and transportation, cement manufacturing, and refrigerant emissions. GHGs are those gases that have the ability to trap heat in the atmosphere, a process that is analogous to the way a greenhouse traps heat. GHGs may be emitted a result of human activities, as well as through natural processes. Page 102 of 125 24 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Increasing GHG concentrations in the atmosphere are leading to global climate change. The state of California has adopted various administrative initiatives and legislation relating to climate change, much of which set aggressive goals for GHG emissions reductions statewide. Although lead agencies must evaluate climate change and GHG emissions of projects subject to CEQA, the CEQA Guidelines do not require or suggest specific methodologies for performing an assessment or specific thresholds of significance and do not specify GHG reduction mitigation measures. No state agency has developed binding regulations for analyzing GHG emissions, determining their significance, or mitigating significant effects in CEQA documents. Thus, lead agencies exercise their discretion in determining how to analyze GHGs. Because there are no adopted GHG thresholds applicable to the Project, and because the Project is considered “small scale,” meaning that it does not include new large buildings or components requiring significant construction that would result in increased GHGs, the below qualitative analysis is appropriate. Pursuant to AB 32, on December 14, 2017, the California Air Resources Board (CARB) approved the current Climate Change Scoping Plan, California’s, 2017 Climate Change Scoping Plan (2017 Scoping Plan Update). The 2017 Scoping Plan Update outlines the proposed framework of action for achieving the 2030 GHG target of 40 percent reduction in GHG emissions relative to 1990 levels. The Scoping Plan Update incorporates a broad array of regulations, policies, and state plans designed to reduce GHG emissions. Most of these regulations are also incorporated into existing California Building Code regulations and other state laws applicable to operation of vehicles and equipment. Additionally, Title 24 Building Energy Efficiency Standards provide minimum efficiency standards related to new development, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Discussion: (a-b) No impact. Because the Project does not propose development, there would be no impact to greenhouse gas emissions typically associated with construction and operation. All future development would be required to adhere to the aforementioned energy efficiency standards intended to reduce emissions. The Project would have no impact on greenhouse gas emissions. Mitigation Measures: None. Page 103 of 125 25 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 9. Hazards and Hazardous Materials HAZARDS AND HAZARDOUS MATERIALS. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Significance Criteria: The Project would result in significant hazards or hazardous materials impacts if it exposed people to hazardous materials or placed them into hazardous situations; if it released hazardous materials or emissions into the environment or within 0.25 miles of a school; if it is located on a listed hazardous materials site; if it would create a hazard due to its proximity to a public airport or private airstrip; if it would create excessive noise for people in the area; if it would interfere with an emergency response or evacuation plan; or if it would expose people or structures to significant risks due to wildland fire. Environmental Setting: Mendocino County has adopted numerous plans related to hazard management and mitigation including, but not limited to: Community Wildfire Protection Plan, Hazardous Waste Management Plan, Operational Area Emergency Plan, etc. The most recent plan, the Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was adopted by the Page 104 of 125 26 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah County in December, 2020. The MJHMP provides an explanation of prevalent hazards within the County, identifies risks to vulnerable assets, both people and property, and provides a mitigation strategy to achieve the greatest risk reduction based upon available resources. The four cities within Mendocino County, including the City of Ukiah, participated in preparation of the MJHMP to individually assess hazards, explore hazard vulnerability, develop mitigation strategies, and create their own plan for each respective city (referred to as a “jurisdictional annex” to the MJHMP). The City of Ukiah adopted its jurisdictional annex chapter of the MJHMP on November 18, 2020. Hazards identified for the City if Ukiah include earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah. The Ukiah Municipal Airport is located within the City of Ukiah jurisdictional limits. The Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) was adopted by the Mendocino County Airport Land Use Commission on May 20, 2021 and adopted by the Ukiah City Council on June 16, 2021. The UKIALUCP identifies areas (known as “compatibility zones”) with potential hazards and impacts to persons using or working within the vicinity of the airport. Under Government Code Section 65962.5, both the State Water Resources Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC) are required to maintain databases of sites known to have hazardous substances present in the environment. All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, some parcels within the western boundary of the City limits, are designated as “Very High” fire severity within the Local Responsibility Area (LRA). The Project site is not located within a High or Very High fire severity zone. Discussion: (a-b) Less than significant impact. The site is currently vacant, with the exception of non-hazardous construction materials that are temporarily being stored. Because no development of the vacant site is proposed, the Project would not have an impact on hazardous resources. Future construction activities would likely require the use of heavy equipment and tools that would include the routine transport, use, storage, and disposal of small quantities of common hazardous materials, such as gasoline, diesel fuel, hydraulic fluids, and oils. However, future development would be required to adhere to state and federal regulations related to the transportation, use, and disposal of such materials. Additionally, future projects would be reviewed by City Departments, including the Electric Utility Department, to identify where previous substation underground equipment is located in relation to proposed development. As such, impacts would be less than significant. (c) Less than Significant impact. River Oak Charter School is located approximately 0.19 miles northwest of the Project site. However, as noted above, Project does not include development, and the use of all hazardous materials will be in accordance with applicable regulations intended to reduce potential impacts to the environment and people. Impacts would be less than significant. (d) No impact. The Project site does not include any known hazardous waste sites, as mapped by the SWRCB’s GeoTracker or DTSC’s EnviroStor databases. As such, no impact would occur. (e) Less than significant impact. The Project parcel is located approximately 0.72 mi southwest of the Ukiah Municipal Airport within Airport Compatibility Zone 6 (Traffic Pattern Zone) of the UKIALUCP, which is where aircraft are typically at or below 1,000-foot traffic pattern altitude. According to Table 3A of the UKIALUCP, many uses such as a variety residential and commercial, and retail uses are listed as conditionally compatible, subject to density, height, and use development standards. Although the Project does not include development, because the Project involves a general Page 105 of 125 27 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah plan amendment and rezone, the Project requires formal review by the Mendocino County Airport Land Use Commission (ALUC), per UKIALUCP Policy 1.4.5. As such, on June 16, 2022, the Project was reviewed by the ALUC; the ALUC found the Project to be consistent with the UKIALUCP. All future development would have to comply with the UKIALUCP and may require additional review by the ALUC. As such, impacts would be less than significant. (f) No impact. The Project does not include changes to existing access, nor does it proposed development that would impair or interfere with emergency response, implementation of, or physically interfere with, the adopted MJHMP or other emergency response plan or evacuation plan. Future development would be reviewed for access and emergency response concerns. No impact would occur. (g) No impact. As previously noted, the Project site is not located within a High or Very High fire severity zone. The property owner is maintaining the site to prevent fire risk. The Project does not propose new development that could expose people or buildings to a significant risk of loss, injury or death involving wildland fires. No impact would occur. Mitigation Measures: None. Page 106 of 125 28 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 10. Hydrology and Water Quality HYDROLOGY AND WATER QUALITY: Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in a substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Significance Criteria: The Project would significantly impact hydrology and water quality if it violated water quality standards or waste discharge requirements or substantially degraded surface or groundwater quality; substantially decreased groundwater supplies or impeded sustainable groundwater management; altered drainage patterns in a manner that would cause substantial on- or off-site erosion, polluted runoff or excessive runoff that caused flooding; impeded or redirected flood flows; risked a release of pollutants due to inundation if in a flood hazard, tsunami or seiche zone; or conflicted with a water quality plan or sustainable groundwater management plan. Environmental Setting: Average rainfall in Ukiah is slightly less than 35 inches. Most of the precipitation falls during the winter. Rainfall is often from brief, intense storms, which move in from the northwest. Virtually no rainfall occurs during the summer months. Surface water supplies for the Ukiah Valley include the Eel River, from which water is diverted into the Russian River watershed through the Potter Valley Project, Lake Mendocino, and the Russian River. Groundwater is drawn from the Page 107 of 125 29 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Ukiah Valley groundwater basin. The Ukiah Valley groundwater basin is the northernmost basin in the Russian River water system and underlies an area of approximately 60 square miles. Water enters the groundwater system via percolation of surface waters and through the soil. The creeks and streams in the Ukiah Valley provide drainage channels for groundwater recharge, as well as domestic and agricultural water supply. The City of Ukiah 2020 Urban Water Management Plan (UWMP) was adopted by City Council on June 2, 2021. The UWMP considers several growth scenarios including an additional 2,500 and 5,000 new hookup scenarios and determined that there is capacity through the 2045 planning horizon to serve these growth projections. Discussion: (a-e) No impact. The Project does not propose development that would impact groundwater resources or alter drainage patterns of the site. Additionally, there are no water resources such as creeks or streams on the Project site, nor in the immediate vicinity, that would be impacted or altered as a result of the Project. Lastly, the Project is not located within a tsunami hazard zone, nor a flood zone, as identified by the Federal Emergency Management Agency. As such, no impact to hydrology and water quality would occur. Mitigation Measures: None. 11. Land Use and Planning LAND USE AND PLANNING. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Significance Criteria: The Project would significantly impact land use if it physically divided an established community or conflicted with a land use plan, policy or regulation intended to avoid or mitigate an environmental impact, such as the general plan or zoning code. Environmental Setting: The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single-family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities. Development and land use patterns within the City of Ukiah are governed by the City’s General Plan, which was originally adopted in 1995, and currently in the process of being updated. Because the 2040 General Plan has not yet been adopted, the 1995 General Plan is the applicable plan relating to land use within the City. More specifically, zoning and land use are governed by the City’s Zoning Ordinance, as outlined in Division 9, Chapter 2 of the Ukiah City Code. The purpose of the Ukiah Zoning Code is to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare. In accordance with Ukiah City Code Section 9265(d), the Planning Commission shall hold at least one public hearing on a proposed zoning and General Plan amendments and formulate a recommendation to the City Council. The Planning Commission’s recommendation shall be advanced to the City Page 108 of 125 30 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Council for consideration at the next available City Council meeting. The City Council shall conduct a public hearing, duly noticed according to State law, prior to taking a final action on the project. Discussion: (a) No impact. Physical division of an existing community would typically be associated with construction of a new highway, railroad, park or other linear feature being constructed in a manner that would bifurcate an established neighborhood or community. Because the Project does not propose such linear features or development, the Project would not result in the division of an established community. No impact would occur. (b) Less than significant. The Project site has a General Plan (1995) designation of Public (P) and is zoned Public Facilities (PF). The Public land use designation and PF zoning designation are intended to be applied to properties which are used for or are proposed to be used for public or quasi- public purposes or for specified public utility purposes. The Project proposes to rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because typically PF parcels are owned by a public entity and used for public purposes. The Commercial General Plan designation applies to lands appropriate for a variety of commercial uses where commerce and business may occur; uses are further specified within the corresponding zoning districts. As described in Ukiah City Code Section 9080, the purpose of the C1 zoning district is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. Many commercial uses (such as restaurants, general retail, personal improvement establishments, and certain residential uses) are allowed within the C1 district, while others (such as auto repair shops, cannabis related businesses, community care facilities, bars, and certain residential uses) require approval of a Use Permit. The current private property owner plans to develop the property for commercial uses in the future, but does not have a proposed plan at this time. However, future development of the site would require adherence to all C1 zoning regulations, which may be found online at: https://www.codepublishing.com/CA/Ukiah/#!/Ukiah09/Ukiah0902-0700.html#art7. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. As shown in Figures 1 through 8, the site is surrounded largely by commercial and residential uses. Other C1 zoned parcels (with Commercial General Plan designations) currently exist immediately west and north of the site. As such, the proposed General Plan Amendment and Rezone would be consistent with surrounding land use patterns and zoning. For the reasons stated above, the Project would not conflict with existing zoning, the General Plan, or other land use policies intended for reducing environmental impacts. Final consideration of the proposed Project will be reviewed by the Planning Commission and City Council for land use consistency. As such, impacts would be less than significant. Mitigation Measures: None Page 109 of 125 31 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 12. Mineral Resources MINERAL RESOURCES. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Significance Criteria: Impacts to mineral resources would be considered significant if the proposed Project were to result in the loss of a known mineral resource that has value to the region and state or is otherwise locally important as designated on a local land use plan. Environmental Setting: The most predominant of the minerals found in Mendocino County are aggregate resource minerals, primarily sand and gravel, found along many rivers and streams. The Ford Gravel Bars are located in eastern Ukiah, along the Russian River. Discussion: (a-b) No impact. There are no identified mineral resources within the Project site or immediate area. No impact would occur. Mitigation Measures: None Page 110 of 125 32 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 13. Noise NOISE. Would the project result in: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive ground borne vibration or ground borne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels Significance Criteria: The Project would have a significant impact if it temporarily or permanently exceeded local noise standards in the vicinity of the Project, generated excessive ground borne noise or vibration; or would expose people residing or working in the area to excessive noise levels from public airports or private airstrips. Environmental Setting: The UCC’s Noise Ordinance (Division 7, Chapter 1, Article 6) establishes ambient base noise level standards, ranging from 40 to 70 decibels, that apply to specific zoning districts within the City of Ukiah. “Ambient noise” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. These are specific to operation (not construction). For the purpose of the Noise Ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. Land uses exceeding these standards for long periods of time are considered to be significant. Project construction can also generate varying degrees of noise and ground borne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates noise and vibration that spreads through the atmosphere and ground and diminishes in amplitude with distance from the source. While the Ukiah City Code does not contain thresholds for analyzing noise impacts from construction-related noise, guidance documents from the Federal Highway Administration and the Federal Highway Administration provide information on maximum noise and vibration levels associated with construction equipment and thresholds of significance for analyzing such impacts. Although the Ukiah City Code does not contain thresholds of significance for analyzing construction-related noise, UCC §6054, Construction of Buildings and Projects, states that it shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500’) therefrom, to operate equipment or perform any outside construction or repair work on buildings, buildings or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device (between the Page 111 of 125 33 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Director of Public works. Discussion: (a-b) No impact. Because the Project does not propose development or a land use that would result in a change in the exist noise levels at the site, the project would not result in a temporary or permanent increase in ambient noise levels. Similarly, the Project would not result in groundborne vibration. No impact would occur. (c) Less than significant impact. As discussed in Section V.9(e), the Project is located within Airport Compatibility Zone 6. Noise within Zone 6 is typically below CNEL 55dB with frequent individual noise events sufficient to intrude upon indoor activities. According to Table 3A of the UKIALUCP, many uses such as a variety residential and commercial, and retail uses are listed as conditionally compatible, subject to density, height, and use development standards. Although the Project does not include development, because the Project involves a general plan amendment and rezone, the Project requires formal review by the Mendocino County Airport Land Use Commission (ALUC), per UKIALUCP Policy 1.4.5. As such, on June 16, 2022, the Project was reviewed by the ALUC; the ALUC found the Project to be consistent with the UKIALUCP. All future development would have to comply with the UKIALUCP and may require additional review by the ALUC. As such, impacts would be less than significant. Mitigation Measures: None 14. Population and Housing POPULATION AND HOUSING. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Significance Criteria: The proposed Project would result in significant impacts to the local population or housing stock if it directly or indirectly induced substantial unplanned population growth or displaced a substantial number of people or housing such that the construction of replacement housing would be required. Environmental Setting: The City of Ukiah is approximately 4.72 square miles in size and located within Mendocino County. Overall, the City of Ukiah’s population has increased moderately over the past nearly 30 years, with a more accelerated increase in the last four years. Projections from the California State University Chico Center for Economic Development- Mendocino County Economic/Demographic Profile show this trend continuing. As described in the City’s Housing Element Page 112 of 125 34 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah (2019) of the General Plan, the City’s annual growth rate between 1990 and 2018 averaged approximately 0.3%. Between 2000 and 2010, the City added 545 residents, or 3.7%, to its population. According to the California Department of Finance, the population in the County of Mendocino was 59,985 in 2018 and 16,226 in the City of Ukiah. The 2020 Census data identifies the City of Ukiah population as 16,607. Discussion: (a) Less than Significant impact. Although the Project proposes to rezone the parcel from PF to C1, which would allow for residential and commercial uses with higher density not currently allowed within the PF district, the Project does not propose development, and the timing and intensity of future development is unknown. The Project would not involve potential growth inducing development such as the construction of new homes or businesses, or the extension of roads or services. Future development would be analyzed on a project-level basis, as needed. As such, impacts would be less than significant. Discussion: (b) No impact. The Project site does not contain residential units, and the Project does not propose activities that would result in the displacement of adjacent residential units. No impact would occur. Mitigation Measures: None 15. Public Services PUBLIC SERVICES. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Significance Criteria: The Project would result in a significant impact to public services if it resulted in a requirement for increased or expanded public service facilities or staffing, including fire or police protection, schools and parks. Environmental Setting: Police protection services for the entire City limits is provided by the Ukiah Page 113 of 125 35 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Police Department, while the Mendocino County Sherriff’s Department provides police services for areas outside of the City limits. Fire protection services in the City are provided by the Ukiah Valley Fire Authority. Educational facilities in the City are provided by the Ukiah Unified School District (UUSD) and County Office of Education. Additionally, there are several private and charter schools serving residents within the City of Ukiah. As mentioned below in Section V.16, Recreation, of this Initial Study, there are 13 City parks, a municipal golf course, and a skate park managed by the City of Ukiah, as well as other recreational facilities in the area. Discussion: (a) Less than significant impact. The City of Ukiah Police Department and Ukiah Valley Fire Authority are responsible for emergency response at the Project site. Because the Project does not propose development, the Project will not have a substantial effect on their ability to serve the area, nor would it result in the need for additional resources. Similarly, the Project would not result in an increase in population that would impact schools or parks in the area. As such, the Project would not result in result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services. Impacts would be less than significant. Mitigation Measures: None 16. Recreation RECREATION. Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Significance Criteria: Impacts to recreation would be significant if the Project resulted in increased use of existing parks or recreational facilities to the extent that substantial deterioration was accelerated or if the Project involved the development or expansion of recreational facilities that would have an adverse effect on the physical environment. Environmental Setting: The City of Ukiah manages several recreation facilities, including more than 13 City parks. In addition, there are approximately 30 miles of trails located throughout the Ukiah Valley, under County and federal jurisdiction. Discussion: (a-b) No impact. The Project does not include the alteration or addition of recreational facilities. The Project does also does not propose new development that could potentially increase the use of recreational facilities in the area. As such, no impact would occur. Page 114 of 125 36 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Mitigation Measures: None 17. Transportation TRANSPORTATION. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b), Criteria for Analyzing Traffic Impacts? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Significance Criteria: Impacts to transportation and traffic would be significant if the Project conflicted with a local plan, ordinance or policy addressing transit, roadway, bicycle and pedestrian facilities; conflicted with CEQA Guidelines Sec. 15064.3(b), which contains criteria for analyzing transportation impacts; substantially increased hazards due to geometric design features; or resulted in inadequate emergency access. Traditionally, transportation impacts had been evaluated by using Level of Service (LOS) analysis to measure the level of congestion on local roadways. However, as of July 1, 2020, lead agencies are required to analyze the transportation impacts of new projects using vehicle miles traveled (VMT), instead of LOS. VMT measures the number of additional miles produced by the project. If the project increases car travel onto the roads excessively, the project may cause a significant transportation impact. However, CEQA guidelines to not provide thresholds for analyzing impacts and defer to the local agency to do so. In 2018, the Office of Planning and Research (OPR) published a Technical Advisory on Evaluating Transportation Impacts in CEQA (2018) which is intended to provide advice and recommendations for evaluating VMT, and offers screening thresholds that may be used to identify when land use projects, such as small-scale residential projects, should be expected to cause a less-than-significant impact without conducting a detailed traffic study. On behalf of the Mendocino Council of Governments (MCOG), Fehr & Peers, prepared a Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study (Baseline Study; May, 2020) to provide an overview of SB 743, summarize VMT data available for Mendocino County, discuss alternatives for and recommend VMT measurement methods and thresholds for lead agencies in Mendocino County, and recommend transportation demand management (TDM) strategies for reducing VMT on projects in Mendocino County. Page 115 of 125 37 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah The following local plans have historically addressed transportation within the City of Ukiah: 2017 Ukiah Bicycle and Pedestrian Master Plan, City of Ukiah Safe Routes to School Plan (2014), Mendocino County Rail Trail Plan (2012), Ukiah Downtown Streetscape Improvement Plan (2009), and the City of Ukiah General Plan (Circulation and Transportation Element amended in 2004). MCOG’s Regional Transportation Plan (2017) and Section 5, Circulation and Transportation, of the Ukiah Valley Area Plan (2011) addresses transportation within the larger Ukiah Valley. The Baseline Study incorporated applicable goals and policies from each of these documents into the methodology and analysis when formulating its screening tools. Environmental Setting: The City of Ukiah generally lies west of U.S. 101 between the U.S. 101/North State Street interchange, and the U.S. 101 / South State Street interchange. Three major interchanges along U.S. 101, Talmage Road, Gobbi Street, and Perkins Street (from south to north), provide access to southern and central Ukiah. The City of Ukiah is developed in a typical grid pattern with streets generally oriented north to south and east to west. Bicycle lanes are located throughout the City and public transit is provided by the Mendocino Transit Authority (MTA). The Project site is currently accessed via two driveways with gates along South Orchard Avenue, a City-maintained two-lane road that is developed with sidewalks but no bike lanes in the Project area. The nearest MTA bus stop is located in front of the library, approximately 570 ft west of the Project site in front of the Autumn Leaves senior apartments complex, located at 425 East Gobbi Street. Discussion: (a-d) Less than significant impact. No change to the City’s circulation system, transit, bicycle, or pedestrian facilities is proposed as a part of the Project. Access, including emergency access, is currently provided through existing driveways and City streets and the Project does not propose any changes to existing facilities. Because the Project does not propose new development, the Project would also not result in an impact to existing traffic levels or patterns. Future development would be reviewed for traffic and transportation impacts on a project-level basis. As such, impacts association with traffic and transportation from the Project would be less than significant. Mitigation Measures: None Page 116 of 125 38 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 18. Tribal Cultural Resources TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Significance Criteria: An impact to tribal cultural resources would be significant if the Project were to substantially reduce the significance of a tribal cultural resource, a listed or eligible historic resource, or a resource considered significant by a California Native American tribe. Tribal cultural resources include “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe” that are eligible for inclusion in the California Register of Historical Resources (California Register) or included in a local register of historical resources. Lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the Proposed Project.” The consultation process must be completed before a CEQA document can be certified. Environmental Setting: As discussed in Section V.5, Cultural Resources, areas that are most typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches above watercourses because Native Americans and settlers favored easy access to potable water. Tribes known to be present within the Ukiah area include (but are not limited to) the following: • Coyote Valley Band of Pomo Indians • Guidiville Indian Rancheria of Pomo Indians • Hopland Band of Pomo Indians • Pinoleville Pomo Nation • Potter Valley Rancheria • Redwood Valley Little River Band of Pomo Indians • Sherwood Valley Rancheria of Pomo Indians • Noyo River Indian Community • Scotts Valley Band of Pomo Indians • Yokayo Tribe, not federally recognized Page 117 of 125 39 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Discussion: (a-b) No impact. As described in Section V.5, Cultural Resources, of this Initial Study, the site is considered to have a “low potential” for cultural and archeological resources. Regardless, because the Project involves a general plan amendment a notification proving the opportunity for consultation in accordance with SB18 was sent to tribes within Mendocino County (as maintained by the Native American Heritage Commission), but no response requesting formal consultation was received. Based on the aforementioned, the Project would have no impact on cultural resources. Mitigation Measures: None 19. Utilities and Service Systems UTILITIES AND SERVICE SYSTEMS. Would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Significance Criteria: Impacts to utility and service systems would be significant if the Project resulted in the construction or expansion of utilities that could cause significant environmental effects; have insufficient water supplies available to the Project during normal to extremely dry years; resulted in inadequate capacity of the wastewater treatment plant; generated solid waste exceeding the capacity of local infrastructure or impairing the achievement of solid waste reduction goals; or failed to comply with any management and reduction statutes or regulations related to solid waste. Environmental Setting: The majority of City properties are served by City water, sewer, electricity and trash collection as summarized below. Page 118 of 125 40 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Electric. The City of Ukiah’s Electric Utility Department provides electric services to properties within the City limits, while Pacific Gas & Electric (PG&E) provides services to properties outside of the City. Water. There are five major providers of community water services in the Ukiah Valley. The City of Ukiah serves customers within the City, while Rogina Water Company and Millview, Calpella, and Willow County Water Districts serve the unincorporated areas. The City of Ukiah 2020 Urban Water Management Plan (UWMP) was adopted by City Council on June 2, 2021. The UWMP considers several growth scenarios including an additional 2,500 and 5,000 hookup scenarios and determined that there is capacity through the 2045 planning horizon to serve these growth projections. Sewer and Wastewater. The Ukiah Valley Sanitation District (UVSD) and the City of Ukiah provide public sewer services to customers within their boundaries under the purview of the State Water Quality Control Board. The City’s sewage treatment plant and Waste Water Treatment Plant (WWTP), operational since 1958, serves the City of Ukiah and the Ukiah Valley Sanitation District. Solid Waste. The Ukiah landfill, outside City limits on Vichy Springs Road, stopped receiving municipal solid waste in 2001 and the City is working on capping the landfill. Solid waste generated in the Ukiah Valley is exported for disposal to the Potrero Hills Landfill in Solano County. The Valley’s solid waste disposal system consists of a large volume transfer station, Ukiah Transfer Station, which receives waste for export. Discussion: (a-e) No Impact. Vegetation along the permitter of the site is currently being watered via the existing irrigation system that is on-site from previous uses. The Project does not propose new development or alteration of the following: water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities. The Project would also not result in the production of solid waste. Future development would be analyzed on a project-level basis for impacts to utilities. As such, there would be no impact as a result of the Project to these utilities and services systems. Mitigation Measures: None Page 119 of 125 41 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 20. Wildfire WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Significance Criteria: Impacts to wildfire would be significant if the Project were located in or near a State Responsibility Area (SRA) or lands classified as very high fire hazard severity zones and substantially impaired an emergency response plan; exposed Project occupants to wildfire pollutants or uncontrolled spread of wildfire due to site conditions such as slope and prevailing winds; require the installation or maintenance of infrastructure that could exacerbate fire risk; or expose people or structures to significant risks as a result of post-fire runoff, slope instability or drainage changes. Environmental Setting: All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, some parcels within the western boundary of the City limits are designated as “Very High” fire severity within the Local Responsibility Area (LRA). The Project site is not located in an area identified as having a High or Very High fire severity risk. As discussed in Section V.9, Hazards and Hazardous Materials, the County’s EOP plan and MJHMP address emergency operations, natural disasters (including wildfire), as well as mitigation strategies to reduce potential risks. The City of Ukiah adopted its “jurisdictional annex” chapter of the MJHMP on November 18, 2020. Hazards identified for the City of Ukiah include earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah. Discussion: (a-b) Less than significant impact. The Project site is accessed via existing driveways and roads, and there are no components of the Project that would conflict with or impair the adopted MJHMP, EOP, or other adopted emergency response plan or emergency evaluation plan. As described in Section V.9, Hazards and Hazardous Materials, the Project site is not located within a High or Very High fire severity zone and is being maintained by the property owner to reduce fire risk. Page 120 of 125 42 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah Because the Project site is developed with asphalt and gravel, and the Project does not propose new development, it would not expose people or structures to a new significant risk of loss, injury or death involving wildland fires. Future development would be reviewed by the Ukiah Valley Fire Authority for life safety concerns regarding wildfire. Impacts would be less than significant. Discussion: (c-d) No impact. The Project would not require the installation or maintenance of infrastructure such as roads, fuel breaks, emergency water sources, power lines or other utilities that would exacerbate fire risk. In addition, the Project would not include earthwork in a sloped, undeveloped area or other components that could result in downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. No impact would occur. Mitigation Measures: None. 21. Mandatory Findings of Significance MANDATORY FINDINGS OF SIGNIFICANCE. Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: (a) No impact. As described throughout this Initial Study, the Project would have no impact on Biological Resources and Cultural/Tribal Cultural Resources because the site is previously disturbed, does not contain sensitive resources, and does not propose any development. As such, no impact would occur to the sensitive biological and cultural resources noted in this criterion. Discussion: (b) Less than significant impact. Cumulative impacts are generally considered in analyses of air quality, biological resources, cultural resources, noise, and traffic. As discussed throughout the Initial Study, the Project would have less than significant impacts or no impact on these resources. A rezone is required because the site is no longer under City ownership and used for public Page 121 of 125 43 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah purposes. While the Project would rezone the property from PF to C1, creating the potential for future commercial and residential development opportunities, no development is proposed at this time. Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, location, size and timing of future development is unknown. However, all future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would be subject to Building Permits for consistency with building and safety codes; additional environmental and discretionary review may also be required. Based on the findings and conclusions contained in the Initial Study, the Project does not have the potential to impact any environmental resources. All impacts were found to have no impact or result in a less than significant impact as a result of the Project. Additionally, there are no known past projects nor current projects within the vicinity of the site that are similar in nature, with the potential to result in a cumulative impact. Based on the findings and conclusions contained in the Initial Study, cumulative impacts related to the Project would be less than significant. Discussion: (c) Less than significant impact. Based on the findings and conclusions contained in the Initial Study, the Project would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Impacts would be less than significant. Page 122 of 125 44 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah VI. REFERENCES 1. CalFire State Responsibility Area Viewer http://www.fire.ca.gov/firepreventionfee/sraviewer_launch 2. CalFire, California Fire Hazard Severity Zone Map Web Viewer. http://egis.fire.ca.gov/FHSZ/ 3. California Air Resources Board (CARB). California Releases Report Charting Path to 100 Percent Clean Electricity. https://ww2.arb.ca.gov/news/california-releases-report- charting-path-100-percent-clean-electricity 4. California Department of Conservation. California Geological Survey. Earthquake Fault Map, Ukiah. Zones of Required Investigation. https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a1684561a9 b0aadf88412fcf 5. California Department of Conservation. California Geological Survey. U.S. Landslide Inventory Web Application. https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8c9 04b456c82669d 6. California Department of Conservation. Farmland Mapping & Monitoring Program, California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/ 7. California Department of Conservation. California Geological Survey. Landslide Inventory (Beta). https://maps.conservation.ca.gov/cgs/lsi/ 8. California Department of Finance. American Community Survey. http://www.dof.ca.gov/Reports/Demographic_Reports/American_Community_Survey 9. California Department of Fish and Wildlife. Bios Vegetation Mapping. https://apps.wildlife.ca.gov/bios/ 10. California Department of Toxic Substance Control. EnviroStor database https://www.envirostor.dtsc.ca.gov/ 11. California Department of Transportation California State Scenic Highway System map. https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000d fcc19983 12. California Governor’s Office of Planning and Research. Tribal Consultation Guidelines. Supplement to General Plan Guidelines. November 14, 2005. http://nahc.ca.gov/wp- content/uploads/2019/04/SB-18-Tribal-Consultation-Guidelines.pdf 13. City of Ukiah, 2021. Final Initial Study and Mitigated Negative Declaration for the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Project. Approved by Ukiah City Council September 15, 2021. https://cityofukiah.com/ukiah- western-hills-open-land-acquisition-limited-development-agreement-project/ Page 123 of 125 45 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 14. City of Ukiah General Plan. Last amended 2019. http://www.cityofukiah.com/documents- and-maps/ 15. City of Ukiah Bicycle and Pedestrian Master Plan. Prepared by Alta Planning + Design, W-Trans and Walk Bike Mendocino. August 2015. 16. City of Ukiah Code. Last amended 2021. https://www.codepublishing.com/CA/Ukiah 17. City of Ukiah, 1999. City of Ukiah Architectural Survey Update, prepared by P.S. Preservation Services. 18. City of Ukiah. Housing Element Update 2019-2027. Adopted October 23, 2019 and Certified by HCD December 5, 2019.http://www.cityofukiah.com/projects/housing- element-update/ 19. Federal Highway Administration. 2006. Roadway Construction Noise Model (FHWA- HEP-05-054). https://www.gsweventcenter.com/Draft_SEIR_References/2006_01_Roadway_Construc tion_Noise_Model_User_Guide_FHWA.pdf 20. Federal Transit Administration (FTA), 2018. Transit Noise and Vibration Impact Assessment Manual, September 2018. Available: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no- 0123_0.pdf 21. Fehr & Peers, on behalf of the Mendocino Council of Governments (MCOG), Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study. May 20, 2020. https://www.mendocinocog.org/vehicle-miles-traveled-vmt-regional-baseline-study- completed 22. Mendocino Council of Governments (MCOG). 2017 Mendocino County Regional Transportation Plan. Prepared by Davey Bates Consulting. Adopted February 5, 2018. https://www.mendocinocog.org/files/742330750/2017+RTP+As+Adopted%28web+forma t%29.pdf 23. Mendocino County Air Quality Management District of the California North Coast Air Basin. Particulate Matter Attainment Plan. January 2005. https://www.co.mendocino.ca.us/aqmd/pm-attainment.html 24. Mendocino County Air Quality Management District website. http://www.co.mendocino.ca.us/aqmd/diesel-engine-information.html. 25. Mendocino County Airport Land Use Commission. Ukiah Municipal Land Use Compatibility Plan. Adopted by the Mendocino County Airport Land Use Commission on May 20, 2021 and adopted by the Ukiah City Council on June 16, 2021. http://www.cityofukiah.com/NewWeb/wp-content/uploads/2021/06/Ukiah-Municipal- Airport-Land-Use-Compatibility-Plan-2021.pdf 26. Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). Adopted December, 2020. Vol 2, Chapter 1, City of Ukiah Jurisdictional Annex, adopted by the City of Ukiah November 18, 2020. 27. Mendocino County Office of Education. Schools & Districts. https://www.mcoe.us/schools-districts/ 28. Mendocino County Public GIS Portal https://gis.mendocinocounty.org/portal/home/ Page 124 of 125 46 General Plan Amendment and Rezone 701 South Orchard Avenue Draft Initial Study and Negative Declaration City of Ukiah 29. State Water Resources Control Board. Geotracker. https://geotracker.waterboards.ca.gov. 30. Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts In CEQA. December 2018. https://www.opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf 31. U.S. Department of Agriculture - Soil Conservation Service. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm 32. U.S. Department of Fish and Wildlife. Environmental Conservation Online System. https://ecos.fws.gov/ecp0/reports/species-listed-by-state-report?state=CA&status=listed 33. U.S. Geological Survey (USGS). Interactive Fault Map. https://www.usgs.gov/natural- hazards/earthquake-hazards/faults?qt-science_support_page_related_con=4#qt- science_support_page_related_con 34. U.S. Fish and Wildlife Service. Wetland Habitat Mapper. https://www.fws.gov/wetlands/data/mapper.html 35. Ukiah Valley Area Plan, adopted August 2, 2011. https://www.mendocinocounty.org/government/planning-building-services/plans/ukiah- valley-area-plan Page 125 of 125