HomeMy WebLinkAboutCC Reso 2022-78 - Certifying EIR, Findings of Fact, CEQA, and Overriding Consideration RE General Plan RESOLUTION NO. 2022-78
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT (SCH NO. 2022060556); ADOPTING FINDINGS
OF FACT PURSUANT TO PUBLIC RESOURCES CODE ("PRC") §21081 AND
CALIFORNIA ENVIRONMENTAL QUALITY ACT("CEQA") GUIDELINES §15091; AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS IN ACCORDANCE
WITH PRC §21081(b) AND CEQA GUIDELINES §16093; AND APPROVING A
MITIGATION, MONITORING, AND REPORTING PROGRAM IN CONNECTION WITH
THE UKIAH 2O40 GENERAL PLAN
WHEREAS:
1. Government Code Section 65300 requires each legislative body and planning agency to
prepare and adopt a comprehensive, long-term general plan for the physical development of
the City; and
2. The City of Ukiah General Plan was last comprehensively updated on December 6, 1995 and
subsequently amended in 2004 with the Circulation and Transportation Element, in 2019 with
certification of the 2019-2027 Housing Element, and in 2019 with the Land Use Element; and
3. In 2019, the City initiated a multi-year process to comprehensively update the General Plan
(2040 General Plan or"Project") by approving a work plan and schedule, hiring consultants,
launching the General Plan Update website, and commencing public outreach efforts; and
4. On August 5, 2022, the City sent the Public Review Draft 2040 General Plan to affected public
entities and agencies in compliance with state law(Government Code Sections 65302(g)(7),
65302.5, 65302.7, 65352, 65352(a)(9) and Public Utilities Code Section 21676), and in
accordance with Government Code Section 65352.3, and invited comments by the public; and
5. The City has included a General Plan Errata, dated November 23, 2022, as a part of the 2040
General Plan to summarize changes and revisions that are proposed to the Public Review
Draft 2040 General Plan since its release on August 5, 2022; and
6. In accordance with the CEQA Guidelines, a Notice of Preparation (NOP) of a Draft
Environmental Impact Report(DEIR)was circulated from May 31, 2022 to June 30, 2022.The
NOP was circulated to all interested parties, stakeholders, and public agencies; posted at the
State Clearinghouse and Mendocino County Clerk's office, as well as on the 2040 General
Plan website; published in the Ukiah Daily Journal; and posted in the Civic Center glass case;
and
7. During circulation of the NOP, the City of Ukiah received seven (7)written comments and one
(1)verbal comment. A summary of comments and City responses to the comments are
included in DEIR Table 1-1 (beginning on pp.1-5); and
8. On April 7, 2022, the City sent a letter to the Native American Heritage Commission (NAHC)
requesting a current SIB 18 and AB 52 Native American Contact List for the Project vicinity. On
June 9, 2022, the NAHC provided a list of fifteen (15)tribal contacts with connections to the
Planning Area. In accordance with AB 52 and SB 18, on June 21, 2022, the City notified the
fifteen (15) tribes about the Project and invited them to participate in consultation. As noted in
the DEIR (pp. 4.12-2 and 4.12-3), the City received letters from two tribes and provided
responses in accordance with AB 52 and SIB 18. No further action was required and the AB 52
and SIB 18 process concluded on July 26, 2022; and
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9. The City held a public scoping meeting for the DER on June 15, 2022. The scoping meeting
was held in-person at the City's Civic Center Council Chamber, and participants were also able
to join virtually via teleconference; and
10. The DER was prepared and made available for a 45-day public review period on October 7,
2022. The Notice of Availability of the DER was posted with the State Clearinghouse, at the
office of the Mendocino County Clerk, and on the City's 2040 General Plan website. The Notice
of Availability was also published in the Ukiah Daily Journal. Furthermore, copies of the Notice
of Availability were e-mailed to all parties that commented on the NOP, agencies expected to
provide water, sewage, streets, roads, schools, or other essential facilities or services to the
project (Govt. Code 65091(3)); as well as all interested parties, stakeholders, and members of
the public that requested being added to the City's 2040 General Plan email contact list. The
DER was posted electronically on the City's 2040 General Plan website and hard copies of the
DER were made available for public review at the Community Development Department's
office and at the Mendocino County Public Library(Ukiah Branch); and
11. The DER public review period ended on November 21, 2022; the City received three comment
letters on the DER during the public review period; and
12. On November 23, 2022 a Final EIR ("FEIR"), including copies of comments received on the
DER and City responses to those comments, and changes proposed as a result of comments
received, was prepared (comments and responses are included in Section 4 of the Final EIR,
beginning on pp. 26). The FEIR was distributed via email to all parties that commented on the
DER, agencies expected to provide water, sewage, streets, roads, schools, or other essential
facilities or services to the project (Govt. Code 65091(3)); as well as all interested parties,
stakeholders, and members of the public that requested being added to the City's 2040
General Plan email contact list. The FEIR was also posted to the 2040 General Plan website and made available at the Community Development Department's office; and
13. As described in DER Section 2.7.8, Project Buildout, the EIR (DEIR and FEIR) analyzes
impacts from the 2040 General Plan. Impacts are specific to the 2040 General Plan
designating land uses that define the type and amount of development that can occur
throughout the City and proposed annexation areas through the planning horizon year of 2040
(over approximately 18 years). Based on the potential land use changes, the 2040 General
Plan has a maximum buildout potential of an additional 2,350 housing units and an additional
4,514,820 non-residential square feet. These numbers represent a "maximum buildout"
scenario which is an estimate and not intended to predict the amount of development that will
in fact occur in the City in the future. Similarly, this "maximum buildout" scenario is used as a
conservative assumption for purposes of the CEQA analysis in the EIR and future streamlining
opportunities; and
14. The DER (Chapter 4) identified environmental impacts of the Project and determined that
impacts to air quality, cultural resources, greenhouse gas emissions, and noise cannot be
mitigated to a level considered less than significant and would remain significant and
unavoidable, as summarized below:
Air Quality Impact AQ-2: Development facilitated by the 2040 General Plan would result
in a net increase of criteria pollutants due to operational vehicle miles traveled (VMT)
compared to existing conditions. The City has adopted thresholds of significance and
screening criteria for transportation impacts (to determine if they are exempt from
CEQA) that would be expected to result in a less than significant transportation impact
for nearly all of the projects facilitated under the 2040 General Plan (see DER
Appendix D). Additionally, Mitigation Measure AQ-2 requires projects that are not
exempt from CEQA to use Bay Area Air Quality Management District(BAAQMD)
screening thresholds to analyze project impacts, and implementation of measures for
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reduction of operational pollutants. Lastly, all feasible measures to reduce VMT are
included as policies in the 2040 General Plan. However, the EIR conservatively
determines that the overall operational impacts to air quality would remain significant
and unavoidable because the maximum buildout of the 2040 General Plan would
increase criteria pollutants when compared to existing conditions (see FEIR pp. 2; DEIR
pp. 4.3-13 and 4.11-13; and Appendix D).
• Cultural Resources Impact CUL-1: Development facilitated by the 2040 General Plan
would have the potential to impact historical resources (structures). Existing Ukiah City
Code and CEQA regulations, in addition to proposed 2040 General Plan policies and
Mitigation Measure CUL-1, would reduce impacts to historic resources to the extent
feasible. However, because historic structures could potentially be demolished or
significantly modified in the future, impacts would be significant and unavoidable (see
FEIR pp. 8; DEIR pp. 4-5.12).
• Greenhouse Gas Emissions Impact GHG-1: Development facilitated by the 2040
General Plan would make progress towards achieving State goals but would not
necessarily meet State 2030 or 2045 goals. Mitigation Measures GHG-1 and GHG-2
would result in implementation of CEQA GHG thresholds and a Climate Action Plan
(CAP) update; however, development facilitated by the 2040 General Plan would not
meet the 2030 or 2045 goals until the CAP is updated and adopted. This impact would
be significant and unavoidable (see FEIR pp.10; DEIR pp. 4-6.12).
• Noise Impact N0I-1: Construction of individual projects facilitated by the 2040 General
Plan would temporarily increase noise levels, potentially affecting nearby noise-
sensitive land uses. Additionally, development facilitated by the 2040 General Plan
would introduce new (operational) on-site noise sources and would contribute to
increases in traffic noise. Mitigation Measure NOI-1 requires implementation of
construction noise reduction measures, and the continued regulation of on-site noise,
consistent with the Ukiah City Code and implementation of proposed 2040 General
Plan policies would minimize disturbance to adjacent land uses. However, construction
noise and traffic noise may still exceed noise standards and impacts would be
significant and unavoidable (see FEIR pp.11; DEIR pp. 4-8.12); and
15. Public Resources Code (PRC) Section 21081 and CEQA Guidelines section 15091 provide
that the City shall not approve or carry out a project for which an EIR has been completed that
identifies one or more significant environmental impacts, unless it makes specified findings;
and
16. PRC Section 21081(b) and CEQA Guidelines Section 15093 require adoption of a Statement
of Overriding Considerations for a project that will have any unmitigated adverse environmental
impacts; and
17. As stated below, the City Council has made the Findings of Fact and the Statement of
Overriding Considerations required under CEQA Guidelines Section 15093, where, as here, a
project has an adverse environmental impact that cannot be mitigated to a level of
insignificance; and
18. For purposes of CEQA and these Findings, the record before the City Council includes: the
DEIR and all appendices; the FEIR including revisions to the DEIR, comments on the DEIR
and responses to comments and all appendices to the Final EIR; all notices required by CEQA;
all studies conducted for the 2040 General Plan and EIR and contained in, or referenced by,
the DEIR or the FEIR; and all public comments received; and
19. The record of proceedings upon which this decision is based, including all of the
aforementioned documents and information, is maintained in the office of the City's Community
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Development Department, located at 300 Seminary Avenue, Ukiah, CA 95482, as the
custodian of the record, and is available for public inspection upon request of the Director of
Community Development, or his/her designee.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council finds that the FEIR (SCH No. 2022050556)were prepared and made
available for public review and comment in full compliance with the procedures set forth in
CEQA and the CEQA Guidelines.
2. The City Council finds that the FOR was considered at a duly noticed public meeting held on
December 7, 2022.
3. The City Council has considered all public comments and documents submitted and oral
testimony given during the public comment period for the DEIR, the FEIR itself, and the
December 7, 2022 Staff Report recommending certification of the FOR (incorporated herein by
reference).
4. The City Council has independently reviewed and analyzed this resolution and the FEIR,
5. The City Council hereby certifies the FEIR for the City of Ukiah 2040 General Plan.
6. The City Council hereby adopts the Findings of Fact and Statement of Overriding
Considerations included in Exhibit A, in accordance with sections 15091 and 15093 of the
CEQA Guidelines.
7. The City Council hereby adopts the Mitigation, Monitoring, and Reporting Program contained
within Exhibit B, in accordance with Section 15091 of the CEQA Guidelines.
PASSED AND ADOPTED this 7tn day of December, 2022 by the following roll call vote:
AYES: Councilmembers orozco, Sher, Crane, Duenas, and Mayor Rodin
NOES: None
ABSENT: None
ABSTAIN: None
Mari Rodin , Mayor
ATTEST:
Kristine Lawler, City Clerk
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EXHIBIT A
Ukiah 2040 General Plan EIR CEQA Certification and Findings of Fact
A. The 2040 General Plan or"the Project" is described in full in the EIR (DEIR and FEIR), at
pp. 2-1 through 2-14, and FEIR pp. 1 through 4. This project description is incorporated
herein by reference.
B. The EIR evaluated the impacts of the Project itself as well as its impacts in combination
with impacts from past, present, and probable future projects. Those impacts, both
individual and cumulative, along with recommended mitigation measures and suggested
conditions, are summarized in the Executive Summary provided in DEIR pp. ES-1 et seq.
and Table 1: Summary of Impacts and Mitigation Measures, FEIR pp. 5 et seq.
C. The City finds that, based upon substantial evidence in the record, as discussed throughout
the EIR(DEIR Chapter 4, Environmental Impact Analysis), the Project's impacts on the
topical areas outlined in Appendix G of the CEQA Guidelines are as follows:
i. Less than Significant Impact: Aesthetics, Agricultural and Forestry Resources, Land
Use and Planning, Population and Housing, Public Services, Transportation, and
Utilities and Service Systems.
ii. Less than Significant Impact with Mitigation: Biological Resources, Tribal Cultural
Resources, Wildfire, and Paleontological Resources.
iii. As discussed in DEIR Section 4.16, Effects Found Not to be Significant, during
evaluation of the 2040 General Plan, the following topical areas were found to have a
less than significant impact or no impact: Energy, Geology and Soils, Hazards and
Hazardous Materials, and Hydrology and Water Quality and Mineral Resources. As
allowed under CEQA Guidelines Section 15128, these topical areas are not further
discussed in detail in the DEIR as individual sections.
iv. Significant and Unavoidable: Air Quality, Cultural Resources, Greenhouse Gas
Emissions, and Noise.
D. Mitigation measures designed to avoid or substantially lessen the significant environmental
effects of the Project as identified in the EIR are set forth in the Mitigation, Monitoring, and
Reporting Plan ("MMRP"), and incorporated herein by reference. The measures constitute
binding commitments and those measures shall be incorporated into the Project and
monitored in accordance with the MMRP.
E. Based on substantial evidence presented and discussed throughout the EIR(DEIR
Chapter 4, Environmental Impact Analysis), the City Council finds that these mitigation
measures will avoid or reduce impacts to Biological Resources, Tribal Cultural Resources,
Wildfire and Paleontological Resources to less than significant levels.
F. The City finds that, based upon substantial evidence in the record, as discussed throughout
the EIR (DEIR Chapter 4, Environmental Impact Analysis), the Project's impacts on the
following topical areas outlined in Appendix G of the CEQA Guidelines would remain
significant and unavoidable: Air Quality, Cultural Resources, Greenhouse Gas Emissions,
and Noise.
G. Based on the foregoing and pursuant to Public Resources Code Section 21081(b) and
CEQA Guidelines Section 15091(a)(3) and 15093(b), the City Council finds that the
.� remaining significant unavoidable impacts of the Project are acceptable in light of its
economic, fiscal, technological, and social benefits as well as other considerations. Such
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benefits outweigh identified significant and unavoidable impacts and provide the
substantive and legal basis for this Statement of Overriding Considerations.
H. The City Council finds that the specific benefits and economic, legal, social, technological
or other considerations below outweigh the Project's significant and unavoidable impacts
and make the Project alternatives identified in the EIR infeasible.
i. The Project Objectives. As discussed on DER pp. 2-6 and 2-7, the 2040 General
Plan is intended to function as a policy document to guide the City's long-term
framework for future growth and resource management within the planning area
through the year 2040. Based on community input and in recognition of the State's
planning priorities, a vision and values supporting the vision for the community were
developed.
The Ukiah City Council approved the following Vision Statement for the 2040 General
Plan on March 3, 2021:
"The City of Ukiah is a diverse, family-oriented, and friendly community connected to the
beautiful, surrounding natural open space areas that give the community its unique sense of
place. Ukiah is a safe and resilient community that is fiscally responsible, environmentally
conscious, and inclusive. The city offers a great place for people of all ages, incomes, and
ethnicities to live, work, and visit."
The City of Ukiah developed guiding principles to expand on the main ideas contained in
the vision statement. The following guiding principles express the key values and
aspirations for Ukiah's future, guide the goals, policies and implementation measures
contained within the 2040 General Plan, and serve as the Project's overarching
objectives:
• Guide land uses and development that meet the needs of the community, are
environmentally conscious, and maintain Ukiah as a diverse, family-oriented,
and friendly community, where people from all racial, ethnic and cultural
backgrounds thrive socially, economically, academically, and physically.
• Ensure development in all neighborhoods is compatible with the unique
characteristics and land use patterns and fosters a sense of place.
• Promote resilient and sustainable facilities and infrastructure to ensure delivery
of high-quality services.
• Promote a diverse, local, business-friendly economy that fosters new job growth
and is adaptable to changes in consumer habits and market trends.
• Maintain and advance a well interconnected circulation network that
accommodates and encourages alternative modes of transportation that reduce
congestion and encourage walkable and bikeable neighborhoods.
• Preserve existing open space resources while enhancing accessibility to parks
and recreational amenities.
• Manage, conserve, and preserve the existing natural environment to ensure
sustainable longevity for present and future generations.
• Provide for a safe community through resilient infrastructure, community-wide
education and preparation, and hazard planning that is responsive to potential
climate-related, natural, and human-caused disasters.
• Preserve Ukiah Municipal Airport as a vital economic driver and transportation
system and maintain consistency with the criteria and policies of the Ukiah
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Municipal Airport Master Plan and Mendocino County Airport Land Use
Compatibility Plan.
• Foster an inclusive community through conditions that allow for and stimulate a
diversity of housing options for community members of all ages, incomes, and
ethnicities.
ii. Infeasibility of Project Alternatives Discussed in EIR. The following social,
economic, legal, technological, and other considerations make the two alternatives
identified in the EIR (DEIR pp. 5-1 through 5-19) infeasible. The two alternatives are:
1) No Project Alternative; and 2) Decreased Residential Density Alternative.
a. No Project Altemative. The No Project Alternative (Alternative 1) assumes there is
no change in zoning or General Plan land use designations and analyzes the
existing General Plan land use designations and densities for vacant land within
the City. The No Project Alternative includes identified sites for annexation, as
well as housing sites identified as part of the 2019-2027 Housing Element. As the
No Project Alternative focuses on existing designations, Annexation Areas would
have existing land use designations, in contrast to the proposed Project, which
apply City land use designations to these areas. Buildout under the No Project
Alternative, assuming a maximum buildout scenario, would allow for 1,692
housing units and approximately 3,831,300 square feet of additional non-
residential land uses.
The No Project Alternative would result in less impacts when compared to the
Project, but would not accomplish the project objectives to the extent that the
proposed Project would, as the No Project Alternative would provide reduced
housing options and exclude multiple policies from the 2040 General Plan
pertaining to community development, preservation of natural resources,
sustainability, and improvement of Ukiah's circulation network.
b. Decreased Residential Density Alternative. The Decreased Residential Density
Alternative (Alternative 2) assumes increased residential densities (1,868 units
total) allowed by each land use designation compared to the existing General
Plan (1995) and No Project Alternative (1,692 units total), but decreased
residential densities when compared to the proposed Project (2,350 total units).
For example, the existing General Plan (1995) allows High Density Residential
development of up to 28 dwelling units per acre (du/ac) and the proposed Project
(as well as Alternative 2) would allow a density of up to 40 du/ac. Both the
proposed Project and Alternative 2 would apply new and/or existing General Plan
land use designations to lands within the city limits and Annexation Areas.
However, Alternative 2 would not add new land use designations intended to
increase commercial land uses and would rely on existing General Plan land use
designations (and densities). Because Alternative 2 would maintain the same
designations for non-residential spaces, the buildout of non-residential space
would be the same as the No Project Alternative. In addition, Alternative 2 would
not add some of the new land use designations identified for the proposed
Project, which explains why Alternative 2 would have less residential units than
the proposed Project.
Assuming a maximum buildout scenario, buildout under Alternative 2 would allow
for 1,868 housing units and approximately 3,831,300 square feet of additional
non-residential land uses (refer to DEIR Table 5-1). Non-residential development
would be the same as the No Project Alternative but would be less than the
proposed Project. Resulting residential density would be less than the proposed
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Project and more than the No Project Alternative. However, Alternative 2 would
not accomplish project objectives to the extent that the proposed Project would,
as Alternative 2 would provide reduced housing options.
iii. Alternatives Considered but Rejected in the EIR
As discussed on DEIR pp. 5-17, in an effort to reduce noise impacts identified in the
DEIR, the City considered an alternative that would require an update to the zoning code
to include requiring noise barriers to reduce construction noise for development on
project sites. Noise barriers would reduce on-site noise by about 10 to 20 dBA
depending on construction materials and barrier height, since noise barriers are
traditionally constructed of material with a minimum weight of 2 pounds per square foot
with no gaps or perforations. Noise barriers may be constructed of, but are not limited to,
5/8-inch plywood, 518-inchoriented strand board, or hay bales. This alternative, which
would require noise barriers that would reduce construction noise, could reduce the
significant construction noise impact, but would not reduce the significant and
unavoidable operational noise impact. Additionally, construction of noise barriers could
result in increased impacts associated with ground disturbance (such as those related to
biological resources, geology and soils, air quality, etc.) and visual impacts. Lastly, this
alternative would meet Project objectives to provide housing, but fewer housing units
would likely be built, because development on certain sites would be infeasible due to
construction cost constraints.
iv. Environmentally Superior Alternative
CEQA requires identification of the environmentally superior alternative among the
alternatives to the proposed project. The environmentally superior alternative must be an
alternative that reduces some of the project's environmental impacts, regardless of the
financial costs associated. Identification of the environmentally superior alternative is an
informational procedure and the alternative identified as the environmentally superior
alternative may not be that which best meets the goals or needs of the proposed project.
Table 5-2 of the DEIR (pp. 5-18) provides a summary of Project impacts and indicates
whether each alternative's environmental impact is greater than, less than, or equal to
the proposed Project for each of the issue areas studied. Overall, none of the
alternatives identified in the analysis changed the impact conclusions that were identified
for the proposed Project. However, some of the alternatives did reduce the severity of
the impact; thus, the analysis considers the severity of the impact to identify the
environmentally superior alternative. Based on the analysis of alternatives in the DEIR,
the No Project Alternative is the environmentally superior alternative as it lessens the
severity of most impacts of the proposed Project.
If the No Project Alternative is determined to avoid or reduce more impacts than any
other alternative, CEQA requires that the EIR identify an environmentally superior
alternative among the other alternatives (CEQA Guidelines Section 15126.6[e]). Of the
other alternatives evaluated in the EIR, the Decreased Residential Density Alternative
(Alternative 2) would be the environmentally superior alternative. Like the No Project
Alternative, Alternative 2 would result in less construction impacts (air quality
construction emissions, biological resources, cultural resources, greenhouse gas
emissions, temporary noise, tribal cultural resources, and paleontological resources)
than the proposed Project because of a reduction in buildout. In addition, Alternative 2
would result in less operational impacts (aesthetics, air quality, greenhouse gas
emissions, noise, public services, recreation, and utilities) due to the reduced buildout.
Nonetheless, compared to the proposed Project, Alternative 2 would not fulfill the project
objectives as well. This is because the proposed Project would offer more housing
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opportunities and a diversity of land uses for future Ukiah residents.
Pursuant to CEQA requirements, Alternative 2 would be considered the environmentally
superior alternative; however, the 2040 General Plan would offer benefits that would not
be achieved by Alternative 2, primarily housing opportunities and a diversity of land
uses.
Statement of Overriding Considerations
CEQA requires decision makers to balance the benefits of the proposed Project against its
unavoidable environmental risks when determining whether to approve the Project. If the
benefits of the Project outweigh the unavoidable adverse effects, those effects may be
considered "acceptable" (CEQA Guidelines Section 15093[a]). CEQA requires the lead agency
to support, in writing, the specific reasons for considering a project acceptable when significant
impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the
Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093[b]). The
agency's statement is referred to as a "Statement of Overriding Considerations."The following
sections provide a description of each of the Project's significant and unavoidable impacts and
the justification for adopting a statement of overriding considerations.
• Air Quality Impact AQ-2: Development facilitated by the 2040 General Plan would result
in a net increase of criteria pollutants due to operational vehicle miles traveled (VMT)
compared to existing conditions. The City has adopted thresholds of significance and
screening criteria for transportation impacts (to determine if they are exempt from
CEQA) that would be expected to result in a less than significant transportation impact
for nearly all of the projects facilitated under the 2040 General Plan (see DEIR
Appendix D). Additionally, Mitigation Measure AQ-2 requires projects that are not
exempt from CEQA to use Bay Area Air Quality Management District (BAAQMD)
screening thresholds to analyze project impacts, and implementation of measures for
reduction of operational pollutants. Lastly, all feasible measures to reduce VMT are
included as policies in the 2040 General Plan. However, the EIR conservatively
determines that the overall operational impacts to air quality would remain significant
and unavoidable because the maximum buildout of the 2040 General Plan would
increase criteria pollutants when compared to existing conditions (see FEIR pp. 2; DEIR
pp. 4.3-13 and 4.11-13; and Appendix D).
• Cultural Resources Impact CUL-1: Development facilitated by the 2040 General Plan
would have the potential to impact historical resources (structures). Existing Ukiah City
Code and CEQA regulations, in addition to proposed 2040 General Plan policies and
Mitigation Measure CUL-1, would reduce impacts to historic resources to the extent
feasible. However, because historic structures could potentially be demolished or
significantly modified in the future, impacts would be significant and unavoidable (see
FEIR pp. 8; DEIR pp. 4-5.12).
• Greenhouse Gas Emissions Impact GHG-1: Development facilitated by the 2040
General Plan would make progress towards achieving State goals but would not
necessarily meet State 2030 or 2045 goals. Mitigation Measures GHG-1 and GHG-2
would result in implementation of CEQA GHG thresholds and a Climate Action Plan
(CAP) update; however, development facilitated by the 2040 General Plan would not
meet the 2030 or 2045 goals until the CAP is updated and adopted. This impact would
L be significant and unavoidable (see FEIR pp.10; DEIR pp. 4-6.12).
• Noise Impact N0I-1: Construction of individual projects facilitated by the 2040 General
Plan would temporarily increase noise levels, potentially affecting nearby noise-
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sensitive land uses. Additionally, development facilitated by the 2040 General Plan
would introduce new(operational) on-site noise sources and would contribute to
increases in traffic noise. Mitigation Measure NOI-1 requires implementation of
construction noise reduction measures, and the continued regulation of on-site noise,
consistent with the Ukiah City Code and implementation of proposed 2040 General
Plan policies would minimize disturbance to adjacent land uses. However, construction
noise and traffic noise may still exceed noise standards and impacts would be
significant and unavoidable (see FEIR pp.11; DER pp. 4-8.12).
For the following reasons, the City Council finds that the economic, social, technological or other
benefits of the Project outweigh the significant and unavoidable air quality, greenhouse gas
emissions, cultural resources and noise impacts and identified in the EIR. The City finds that
each of the benefits set forth below in this Statement constitutes a separate and independent
ground for finding that the benefits of the proposed plans outweigh the risks of their potential
significant adverse environmental impacts. The benefits of the proposed General Plan Update
are as follows:
• Under State law, the City must adopt a General Plan which is its long-term framework or
"constitution" for future growth and development. The general plan represents the
community's aspiration for its future growth and development. The general plan contains
the goals and policies upon which the City Council and Planning Commission will base
their land use decisions.
• The City has prepared the update to refine the General Plan, address emerging trends
and recent State laws, consider new issues, and remove and/or consolidate
implementation measures. This effort is a comprehensive overhaul of the existing
General Plan. This allows the City to implement best practices in planning to ensure -
Ukiah is resilient to future risks while also improving quality of life.
• The 2040 General Plan was shaped by an extensive public outreach process that
engaged the community and decision-makers. The City hosted a series of community
workshops, online forums, stakeholder interviews, and Planning Commission and City
Council meetings. The 2040 General Plan was developed with all this public input and
consideration.
• The 2040 General Plan would achieve a number of economic benefits that address both
City and regional goals for fiscal sustainability, housing supply and affordability,
enhancement of public infrastructure and facilities and improved quality of employment
opportunities (as demonstrated through the Project's Objectives listed above).
• The 2040 General Plan reflects the stated vision, goals and objectives of the City of
Ukiah (summarized above under Finding of Fact H(i) above and incorporated here by
reference).
• The 2040 General Plan will ensure orderly development patterns to accommodate
projected increases in population through buildout of the General Plan by providing
strategic land use designations that avoid or minimize land use conflicts.
• The 2040 General Plan will maximize and broaden the City's sales tax base by providing
local and regional tax-generating uses.
• Through numerous legislative actions in the past several years, the State of California
has identified the lack of housing as a significant area of public concern, leading to an
unsustainable lack of housing affordability, increased homelessness, social stress related
to increased poverty and a reduction in economic prosperity for many state residents.
The 2040 General Plan will provide a variety of housing opportunities with a range of
densities, styles, sizes and values that will be designed to satisfy existing and future
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demand for quality housing in the area, and aid in achieving the City's regional housing
needs allocation (RHNA).
The City Council finds that any one or more of these overriding considerations are sufficient to
outweigh adverse impacts. As the CEQA Lead Agency for the proposed action, the City Council
has carefully reviewed the Project and the alternatives presented in the EIR, and fully
understands the Project and Project alternatives. Further, this City Council finds that all potential
adverse environmental impacts and all feasible mitigation measures to reduce the impacts from
the Project have been identified in the DER, the Final EIR and public testimony. On balance,
the City finds that there are specific considerations associated with The 2040 General Plan that
serve to override and outweigh the Project's significant unavoidable impacts. Therefore,
pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered
acceptable and the City Council adopts this Statement of Overriding Considerations.
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EXHIBIT B
CITY OF UKIAH 2O40 GENERAL PLAN UPDATE MITIGATION, MONITORING AND REPORTING PROGRAM
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Responsibility Responsibility Timing Implemented Notes
Air Quality
AQ-1:implement BAAQMD and MCAQMD Basic Construction Mitigation Measures
To reduce fugitive dust emissions from the Developer/Applicant Developer/Applicant During Construction
construction of individual projects,the City shall
require that future projects implement the BAAQMD City Community
and MCAQMD Basic Construction Mitigation Development
Measures.These include,but are not limited to,the Department
following:
• All exposed surfaces(e.g.,parking areas, staging
areas,soil piles,graded areas,and unpaved
access roads)shall be watered two times a day.
• All haul trucks transporting soil,sand,or other
loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet power
vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour.
• All roadways,driveways,and sidewalks to be
paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible
after grading unless seeding or soil binders are
used.
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to five minutes(as required
by the California Airborne Toxics Control Measure
Title 13, Section 2485 of California Code of
Regulations).Clear signage shall be provided for
construction workers at all access points.
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• All construction equipment shall be maintained
and properly tuned in accordance with
manufacture's specifications.All equipment shall
be checked by a certified mechanic and
determined to be running in proper conditions
prior to operation.
• Post a publicly visible sign with the telephone
number and person to contact at the Lead Agency
regarding dust complaints.This person shall
respond and take corrective action within 48
hours.The Air District's number shall also be
visible to ensure compliance with applicable
regulations.
AQ-2: Implement Measures to Reduce Operational Emissions
Prior to discretionary approval by the City of Ukiah for City Community Developer/Applicant Prior to Project
development projects subject to CEQA review(i.e., Development Approval
non-exempt projects),a screening assessment shall Department City Community
be performed by the City using the screening criteria Development
from the 2017 BAAQMD CEQA Air Quality Guidelines. Developer/Applicant Department
If the project exceeds the screening size by land use
type,the project applicant shall prepare and submit a
technical assessment to the City for review and
approval,which evaluates potential project-related
operational air quality impacts.The evaluation shall be
prepared in conformance with BAAQMD methodology
in assessing air quality impacts. If operation-related air
pollutants are determined to have the potential to
exceed the BAAQMD-adopted thresholds of
significance,the City shall require that applicants for
new development projects incorporate mitigation
measures to reduce air pollutant emissions during
operational activities.The identified measures shall be
included as part of the conditions of approval. Possible
mitigation measures to reduce long-term emissions
could include, but are not limited to the following:
• For site-specific development that requires
refrigerated vehicles,the planning documents
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shall demonstrate an adequate number of
electrical service connections at loading docks for
plug-in of the anticipated number of refrigerated
trailers,to reduce idling time and emissions.
• Applicants for manufacturing and light industrial
uses shall consider energy storage and combined
heat and power in appropriate applications to
optimize renewable energy generation systems
and avoid peak energy use.
• Site-specific developments with truck delivery and
loading areas and truck parking spaces shall
include signage as a reminder to limit idling of
vehicles while parked for loading/unloading in
accordance with California Air Resources Board
Rule 2845(13 California Code of Regulations
Chapter 10 Section 2485).
• Provide changing/shower facilities as specified in
Section A5.106.4.3 of the CalGreen Code
(Nonresidential Voluntary Measures).
• Provide bicycle parking facilities pursuant to
Section A4.106.9(Residential Voluntary
Measures)of the CalGreen Code.
• Provide preferential parking spaces for low-
emitting,fuel-efficient,and carpool/van vehicles
per Section A5.106.5.1 of the CalGreen Code
(Nonresidential Voluntary Measures).
• Provide facilities to support electric charging
stations pursuant to Section A5.106.5.3
(Nonresidential Voluntary Measures)and Section
A5.106.8.2(Residential Voluntary Measures)of
the CalGreen Code.
• Applicant-provided appliances(e.g.,dishwashers,
refrigerators, clothes washers,and dryers)shall
be Energy Star-certified appliances or appliances
of equivalent energy efficiency. installation of
EneTy Star-certified or equivalent appliances
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shall be verified by Building&Safety during plan
check.
• Applicants for future development projects along
existing and planned transit routes shall
coordinate with the City and County to ensure that
bus pad and shelter improvements are
incorporated,as appropriate.
AQ-3:Conduct Construction Health Risk Assessment
For individual projects(excluding accessory dwelling Developer/Applicant City Community Prior to Project
units,single-family residences,and duplexes)where Development Approval or
construction activities would occur within 1,000 feet of Department Construction
sensitive receptors,would last longer than two
months,and would not utilize Tier 4 and/or alternative
fuel construction equipment,the project applicant shall
prepare a construction health risk assessment(HRA)
prior to project approval.The HRA shall determine
potential risk and compare the risk to the following
BAAQMD thresholds:
• Non-compliance with Qualified Community Risk
Reduction Plan;
• Increased cancer risk of> 10.0 in a million;
• Increased non-cancer risk of> 1.0 Hazard Index
(Chronic or Acute); or
• Ambient PM2.5 increase of>0.3 pg/m3 annual
average
If risk exceeds the thresholds, measures such as
requiring the use of Tier 4 and/or alternative fuel
construction equipment shall be incorporated to
reduce the risk to appropriate levels.
Biological Resources
13I0-1: Recommended Policy for Biological Resource Assessment
The City shall implement the following policy into Developer/Applicant City Community Prior to Project
Ukiah 2040: Development Approval or
Policy ENV-4.9: Biological Resource Department Construction
Assessment.The City shall require that new
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development proposed in or adjacent to
ecologically sensitive areas,to complete a site- Qualified Biologist
specific biological resource assessment prepared
by a qualified biologist that establishes the
existing resources present.
8I0-2: Pre-Construction Bird Surveys,Avoidance,and Notification
For construction activities initiated during the bird Developer/Applicant City Community 14 days Prior to
nesting season(February 1 —September 15), Development Construction Activities
involving removal of vegetation, abandoned Department Occurring February 1-
structures, man-made features, or other nesting bird September 15
habitat,a pre-construction nesting bird survey shall be Qualified Biologist
conducted no more than 14 days prior to initiation of
ground disturbance and vegetation removal.The
nesting bird pre-construction survey shall be
conducted on foot and shall include a buffer around
the construction site at a distance determined by a
qualified biologist.The survey shall be conducted by a
qualified biologist familiar with the identification of
avian species known to occur in the Mendocino
Region. If nests are found,an avoidance buffer shall
be determined by the biologist dependent upon the
species,the proposed work activity,and existing
disturbances associated with land uses outside of the
site.The buffer shall be demarcated by the biologist
with bright orange construction fencing,flagging,
construction lathe,or other means to demarcate the
boundary.All construction personnel shall be notified
of the buffer zone and to avoid entering the buffer
zone during the nesting season. No ground disturbing
activities shall occur within the buffer until the biologist
has confirmed that breeding/nesting is completed and
the young have fledged the nest. Encroachment into
the buffer shall occur only at the discretion of the
qualified biologist on the basis that the encroachment
will not be detrimental to an active nest.A report
summarizing the pre-construction survey(s)shall be
prepared by a qualified biologist and shall be
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submitted to the City prior to the commencement of
construction activities.
Project site plans shall include a statement
acknowledging compliance with the federal MBTA and
California Fish and Game Code that includes
avoidance of active bird nests and identification of
Best Management Practices to avoid impacts to active
nests, including checking for nests prior to
construction activities during February 1 to September
15,and what to do if an active nest is found so that the
nest is not inadvertently impacted during grading or
construction activities.
13I0-3: Roosting Bat Surveys and Avoidance Prior to Removal
Prior to tree and structure removal,a qualified Developer/Applicant City Community Prior to Tree and/or
biologist shall conduct a focused survey of all trees Development Structure Removal
and structures to be removed or impacted by Department
construction activities to determine whether active
roosts of special-status bats are present on site.Tree Qualified Biologist
or structure removal shall be planned for either the
spring or the fall,and timed to ensure both suitable
conditions for the detection of bats and adequate time
for tree and/or structure removal to occur during
seasonal periods of bat activity exclusive of the
breeding season, as described below.Trees and/or
structures containing suitable potential bat roost
habitat features shall be clearly marked or identified. If
no bat roosts are found,the results of the survey will
be documented and submitted to the City within 30
days of the survey, after which no further action will be
required.
If day roosts are present,the biologist shall prepare a
site-specific roosting bat protection plan to be
implemented by the contractor following the City's
approval.The plan shall incorporate the following
guidance as appropriate:
• When possible, removal of trees/structures
identified as suitable roosting habitat shall be
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conducted during seasonal periods of bat activity,
including the following:
• Between September 1 and about October 15,or
before evening temperatures fall below 45
degrees Fahrenheit and/or more than 0.5 inch of
rainfall within 24 hours occurs.
• Between March 1 and April 15,or after evening
temperatures rise above 45 degrees Fahrenheit
and/or no more than 0.5 inch of rainfall within 24
hours occurs.
• If a tree/structure must be removed during the
breeding season and is identified as potentially
containing a colonial maternity roost,then a
qualified biologist shall conduct acoustic
emergence surveys or implement other
appropriate methods to further evaluate if the
roost is an active maternity roost. Under the
biologist's guidance,the contractor shall
implement measures similar to or exceeding the
following.
• If it is determined that the roost is not an active
maternity roost,then the roost may be removed in
accordance with the other requirements of this
measure.
• If it is found that an active maternity roost of a
colonial roosting species is present,the roost
shall not be disturbed during the breeding season
(April 15 to August 31).
• Tree removal procedures shall be implemented
using a two-step tree removal process.This
method is conducted over two consecutive days
and works by creating noise and vibration by
cutting non-habitat branches and limbs from
habitat trees using chainsaws only(no excavators
or other heavy machinery)on day one.The noise
and vibration disturbance,together with the visible
alteration of the tree is veiry effective in causing
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bats that emerge nightly to feed to not return to
the roost that night.The remainder of the tree is
removed on day two.
• Prior to the demolition of vacant structures within
the project site,a qualified biologist shall conduct
a focused habitat assessment of all structures to
be demolished.The habitat assessment shall be
conducted enough in advance to ensure the
commencement of building demolition can be
scheduled during seasonal periods of bat activity
(see above), if required. If no signs of day
roosting activity are observed,no further actions
will be required. If bats or signs of day roosting by
bats are observed,a qualified biologist will
prepare specific recommendations such as partial
dismantling to cause bats to abandon the roost,or
humane eviction, both to be conducted during
seasonal periods of bat activity, if required.
If the qualified biologist determines a roost is used by
a large number of bats(large hibernaculum), bat
boxes shall be installed near the project site.The
number of bat boxes installed will depend on the size
of the hibernaculum and shall be determined through
consultation with CDFW. If a maternity colony has
become established, all construction activities shall be
postponed within a 500-foot buffer around the
maternity colony until it is determined by a qualified
biologist that the young have dispersed. Once it has
been determined that the roost is clear of bats,the
roost shall be removed immediately.
BI0-4: Bird Safe Design
Development shall incorporate bird-friendly building Developer/Applicant Developer/Applicant Prior to Project
materials and design features, including but not limited City Community Approval/Construction
to the following: Development
There are no"see through"passageways or Department
corners.
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• Outside lighting is appropriately shielded and
directed to minimize attraction to night migrating
or nocturnal birds.
• Interior lighting is turned off at night if not in use
and designed to minimize light escaping through
windows during night operation.
• Landscaping is designed without features known
to increase collisions.
The City shall review and approve the bird-friendly
building materials and design features prior to project
approval.
Cultural Resources
CUL-1: Historical Resources Study Program
The City shall require project applicants for Developer/Applicant Qualified Prior to Project
discretionary projects to investigate the potential to Professional Approval
impact historical resources. For a project involving a
property that contains buildings structures,objects, City Community
sites, landscape/site plans, or other features that are Development
50 years of age or older,a historical resources study Department
shall be conducted to determine if the project would
demolish or otherwise alter the characteristics that
make a historical resource eligible for inclusion in the
CRHR.The study shall,at a minimum,be conducted
by a qualified professional meeting the Secretary of
the Interior's(SOI) Professional Qualifications
Standard(PQS)for architectural history(NPS 1983).
The study shall include a pedestrian survey of the
project site and background research including a
records search at the Northwest Information Center
(NWIC), building permit research, and/or research with
the local historical society(ies).The subject
property(ies)and/or structures shall be evaluated for
federal(as applicable),and state significance on
California Department of Parks and Recreation 523
series forms, included as an appendix to the study.
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If historical impacts are identified,the study shall
include recommendations to avoid or reduce impacts
on historical resources and the project sponsor shall
implement the recommendations or conduct additional
environmental review.Application of mitigation shall
generally be overseen by a qualified architectural
historian or historic architect meeting the PQS, unless
unnecessary in the circumstances(e.g., preservation
in place). In conjunction with any development
application that may affect the historical resource, a
report identifying and specifying the treatment of
character-defining features and construction activities
shall be provided to the implementing agency for
review.
Efforts shall be made to the greatest extent practical to
ensure that the relocation, rehabilitation,or alteration
of the resource is consistent with the Secretary of the
Interior's Standards for the Treatments of Historic
Properties(Standards). In accordance with CEQA, a
project that has been determined to conform with the
Standards generally would not cause a significant
adverse direct or indirect impact to historical resources
(14 CCR Section 15126.4(b)(1)).Application of the
Standards shall be overseen by a qualified
architectural historian or historic architect meeting the
PQS. In conjunction with any development application
that may affect the historical resource,a report
identifying and specifying the treatment of character-
defining features and construction activities shall be
provided to the implementing agency for review and
concurrence.
If significant historical resources are identified on a
development site and compliance with the Standards
and/or avoidance is not possible, appropriate site-
specific mitigation measures shall be established and
undertaken. Mitigation measures may include s
documentation of the historical resource in the form of
a Historic American Building Survey(HAB�) report.
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The report shall comply with the Secretary of the
Interior's Standards for Architectural and Engineering
Documentation and shall generally follow the NABS
Level III requirements, including digital photographic
recordation,detailed historic narrative report,and
compilation of historic research.The documentation
shall be completed by a qualified architectural
historian or historian who meets the PQS and
submitted to the implementing agency prior to
issuance of any permits for demolition or alteration of
the historical resource. Copies of the report shall be
provided to a local library and/or other appropriate
repositories.
CUL-2:Archaeological Resources Study Program
The City shall require project applicants for Developer/Applicant Developer/Applicant Prior to Project
discretionary projects to investigate the potential to Approval/Construction
disturb archaeological resources. If preliminary City Community
reconnaissance suggests that cultural resources may Development
exist,a Phase I cultural resources study shall be Department
performed by a qualified professional meeting the
Secretary of the Interior's(SOI) Professional
Qualifications Standard(PQS)for archaeology(NPS
1983).A Phase I cultural resources study shall include
a pedestrian survey of the project site and sufficient
background research and,as necessary,field
sampling to determine whether archaeological
resources may be present.Archival research shall
include a records search at the Northwest Information
Center(NWIC)and a Sacred Lands File(SLF)search
with the Native American Heritage Commission
(NAHC), and coordination with Native American tribes
listed by the NAHC.The Phase I technical report
documenting the study shall include recommendations
to avoid or reduce impacts on archaeological
resources,such as establishing environmentally-
sensitive areas excluded from project activities,
archaeological and/or Native American monitoring,or
redesi n of the project to avoid known cultural
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resources.The project sponsor shall implement the
recommendations prior to and during construction.
Greenhouse Gas Emissions
GHG-1: Adopt and Implement a CEQA GHG Emissions Threshold
The City shall include and implement a new 2040 City Community City Community By Fall of 2024
General Plan policy under the Environment and Development Development
Sustainability Element to prepare, adopt,and Department Department
implement a CEQA GHG Emissions threshold of
significance.The City shall adopt the CEQA GHG City Council
Emissions threshold of significance by Fall 2024 for
use in future CEQA GHG emissions analyses through
2030. In addition,upon completion of future CAP
updates and as necessary,the City shall update the
CEQA GHG Emissions threshold of significance and
Ukiah CEQA GHG Checklist to be consistent with
each CAP update.
GHG-2: Update Ukiah CAP to the State's 2030 and 2045 GHG Emissions Goals
The City shall update the Ukiah CAP by Fall 2024 to City Community City Community By Fall of 2024
outline how Ukiah will meet the State's 2030 goal of Development Development
40 percent below 1990 emissions levels and 2045 Department Department
goal of carbon neutrality. Implementation measures in
the updated CAP to achieve the 2030 and 2045 goals City Council
may include, but are not limited to,the following:
• Develop and adopt Zero Net Energy requirements
for new and remodeled residential and non-
residential development;
• Develop and adopt a building electrification
ordinance for existing and proposed structures;
• Expand charging infrastructure and parking for
electric vehicles;
• Implement carbon sequestration by expanding the
urban forest, participating in soil-based or
compost application sequestration initiatives,
supporting regional open space protection,and/or
incentivizing rooftop gardens; and
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• Implement policies and measures included in the
California 2017 Climate Change Scoping Plan,
such as mobile source strategies for increasing
clean transit options and zero emissions vehicles
by providing electric vehicle charging stations. I _
Noise
N014: Construction Noise Reduction Measures
The following measures to minimize exposure to Developer/Applicant Developer/Applicant Project Approval
construction noise shall be included as standard
conditions of approval for applicable projects involving City Community During Construction
construction: Development
• Mufflers. During excavation and grading Department
construction phases,all construction equipment,
fixed or mobile,shall be operated with closed
engine doors and shall be equipped with properly
operating and maintained mufflers consistent with
manufacturers'standards.
• Stationary Equipment.All stationary
construction equipment shall be placed so that
emitted noise is directed away from the nearest
sensitive receivers.
• Equipment Staging Areas. Equipment staging
shall be located in areas that will create the
greatest distance feasible between construction-
related noise sources and noise-sensitive
receivers.
• Smart Back-up Alarms. Mobile construction
equipment shall have smart back-up alarms that
automatically adjust the sound level of the alarm
in response to ambient noise levels.Alternatively,
back-up alarms shall be disabled and replaced
with human spotters to ensure safety when
mobile construction equipment is moving in the
reverse direction.
• Signage. For the duration of construction,the
applicant or contractor shall post a sign in a
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construction zone that includes contact
information for any individual who desires to file a
noise complaint.
• Temporary Noise Barriers. Erect temporary
noise barriers,where feasible,when construction
noise is predicted to exceed the acceptable
standards(e.g.,80 dBA Leq at residential
receivers during the daytime)and when the
anticipated construction duration is greater than is
typical (e.g.,two years or greater).Temporary
noise barriers shall be constructed with solid
materials(e.g.,wood)with a density of at least
1.5 pounds per square foot with no gaps from the
ground to the top of the barrier. If a sound blanket
is used, barriers shall be constructed with solid
material with a density of at least 1 pound per
square foot with no gaps from the ground to the
top of the barrier and be lined on the construction
side with acoustical blanket,curtain or equivalent
absorptive material rated sound transmission
class(STC)32 or higher.
NOI-2:Construction Vibration Control Plan
Prior to issuance of a building permit for a project Developer/Applicant City Community Prior to Issuance of
requiring pile driving during construction within 135 Development Building Permit
feet of fragile structures such as historical resources, Department
100 feet of non-engineered timber and masonry
buildings(e.g.,most residential buildings), or within 75
feet of engineered concrete and masonry(no plaster);
or a vibratory roller within 25 feet of any structure,the
project applicant shall prepare a noise and vibration
analysis to assess and mitigate potential noise and
vibration impacts related to these activities.This noise
and vibration analysis shall be conducted by a
qualified and experienced acoustical consultant or
engineer.The vibration levels shall not exceed FTA
architectural damage thresholds(e.g.,0.12 in/sec PPV
for fragile or historical resources,0.2 in/sec PPV for
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non-engineered timber and masonry buildings,and
0.3 in/sec PPV for engineered concrete and masonry).
If vibration levels would exceed this threshold,
alternative uses such as drilling piles as opposed to
pile driving, and static rollers as opposed to vibratory
rollers shall be used. If necessary,construction
vibration monitoring shall be conducted to ensure
vibration thresholds are not exceeded.
Tribal Cultural Resources
TCR-1:Avoidance of Tribal Cultural Resources
When feasible, development facilitated by the project Developer/Applicant City Community Prior to Project
shall be designed to avoid known tribal cultural Development Approval/Construction
resources.Any tribal cultural resource within 60 feet of Department
planned construction activities shall be protected by
establishing an Environmentally Sensitive Area(ESA) Local Native
that would be fenced, or otherwise protected to ensure American Tribes
avoidance.The feasibility of avoidance of tribal
cultural resources shall be determined by the City and
applicants in consultation with local California Native
American tribe(s).
TCR-2: Unanticipated Discovery
If previously unidentified tribal cultural resources are Developer/Applicant City Community Prior to Project
encountered during project implementation, altering Development Approval/Construction
the materials and their stratigraphic context shall be Department
avoided and work shall halt immediately. Project
personnel shall not collect, move, or disturb cultural Local Native
resources.A representative from a locally-affiliated American Tribes
Native American Tribe shall be contacted to evaluate
the resource and prepare a tribal cultural resources
plan identifying methods necessary to protect the
resource, in consultation with the City.
wilarfre
WFR-1:Construction Wildfire Risk Reduction
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The City shall require the following measures during Developer/Applicant Developer/Applicant During Project
project construction: Construction
1. Construction activities with potential to ignite City Community
wildfires shall be prohibited during red-flag Development
warnings issued by the National Weather Department
Service for the site. Example activities include
welding and grinding outside of enclosed
buildings.
2. Fire extinguishers shall be available onsite
during project construction. Fire extinguishers
shall be maintained to function according to
manufacturer specifications. Construction
personnel shall receive training on the proper
methods of using a fire extinguisher.
3. Construction equipment powered by internal
combustion engines shall be equipped with
spark arresters.The spark arresters shall be
maintained pursuant to manufacturer
recommendations to ensure adequate
performance.
At the City's discretion,additional wildfire risk
reduction requirements may be required during
construction.The City shall review and approve the
project-specific methods to be employed prior to
building permit approval.
WFR-2: project Design Wildfire Risk Reduction
Prior to finalizing site plans, proposed structure Developer/Applicant DevelopedApplicant Prior to Project
locations shall,to the extent feasible given site Approval/Construction
constraints, be located outside of known landslide- City Community
susceptible areas and located at least 50 feet from Development
sloped hillsides. Project landscape plans shall be Department
encouraged to include fire-resistant vegetation native
to Mendocino County and/or the local microclimate of
the site and prohibit the use of fire-prone species
especially non-native, invasive species.Should the i
Project meet the above criteria, no additional
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measures are necessary. Should the location be
within a known landslide area or within 50 feet of a
sloped hillside,structural engineering features shall be
incorporated into the design of the structure to reduce
the risk of damage to the structure from post-fire slope
instability resulting in landslides or flooding.These
features shall be recommended by a qualified
engineer and approved by the City prior to the building
permit approval.
Paleontological Resources
PAL-1: Retention of Qualified Professional Paleontologist
Prior to initial ground disturbance in areas underlain by City Community Prior to initial ground
high sensitivity geologic units(i.e.,Quaternary terrace Developer/Applicant Development disturbance
deposits and Plio-Pleistocene sedimentary rocks),the Department
City shall require the project applicant retain a
Qualified Professional Paleontologist,as defined by Qualified
the Society of Vertebrate Paleontology(SVP)(2010), Professional
to determine the project's potential to significantly Paleontologist
impact paleontological resources according to SVP
(2010)standards. If necessary,the Qualified
Professional Paleontologist shall recommend
mitigation measures to reduce potential impacts to
paleontological resources to a less than significant
level.
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