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HomeMy WebLinkAbout2023-02 PC Reso - Prezone Parcels Assoc with Annexation RESOLUTION NO. 2023-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH RECOMMENDING THE CITY COUNCIL PREZONE CERTAIN PARCELS IN ASSOCIATION WITH THE ANNEXATION OF CITY- OWNED PROPERTIES WITHIN UNINCORPORATED MENDOCINO COUNTY WHEREAS, on January 16, 2020, the Ukiah City Council adopted an Annexation Policy (Resolution No. 2020-06)that states that the City will pursue, apply for, and support the annexation of unincorporated areas to the City to avoid the negative consequences of continued urban sprawl and to ensure the efficient provision of municipal services to unincorporated areas without placing an undue financial burden on the City or its residents; and WHEREAS, per Government Code Section 65859 and Ukiah City Code Section 9267, the City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City; and WHEREAS, on November 4, 2020, the City Council adopted Resolution No. 2020-61, approving submittal to the Mendocino County LAFCo an application for annexation of previously acquired City-owned properties subject to the City's authority parcels that the City currently owns in fee and uses for government purposes; and WHEREAS, on February 22, 2021, an application for annexation for the City-owned properties was submitted the Mendocino County LAFCo (LAFCo File No. A-2021-01); and WHEREAS, the application for annexation was subsequently reviewed by LAFCo on March 23, 2021, and as part of that review, clarifications were requested by LAFCo staff prior to a Certificate of Filing being issued pursuant to Government Code §56658(f); and WHEREAS, on January 19, 2022, the City Council adopted Resolution No.2022-04 for a revised submittal to the Mendocino County LAFCo to annex city-owned properties; and WHEREAS, on January 21, 2022, a Notice of Exemption(NOE)for annexation of the City-owned properties was filed with the Mendocino County Clerk/Recorder's office, deeming the project to be categorically exempt from further review, in accordance with the California Environmental Quality Act(CEQA)Guidelines 15320, Change In Organization, and 15319(a), Annexations of Existing Facilities; and WHEREAS, on December 7, 2022, the City Council adopted Resolution No. 2022-79, adopting a comprehensive update to the City's General Plan ("2040 General Plan") in conformance with the requirements of the California Government Code; and WHEREAS, on December 7, 2022, the City Council adopted Resolution 2022-78, certifying a Program- level Environmental Impact Report (EIR) for the 2040 General Plan update in accordance with the requirements of CEQA (SCH No. 2022050556); and WHEREAS, City-owned annexation area and prezoning were identified within the 2040 General Plan EIR, which adequately addresses the potential environmental impacts of the proposed prezoning for the purposes of CEQA. WHEREAS, upon Council approval of the resolution(s)to formalize the updated considerations associated with the annexation application noted throughout the March 14, 2023 Staff Report, an updated NOE will be prepared and provided to LAFCo as a part of the annexation application resubmittal; and WHEREAS, on October 20, 2022,the Mendocino County Airport Land Use Commission reviewed the 2040 General Plan for consistency with the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), in accordance with UKIALUCP Policy 2.2.1(b) and Public Utilities Code Section 21676, and adopted Resolution 22-0006, finding the 2040 General Plan (and identified annexation areas) consistent with the UKIALUCP; and Page 1 of 2 WHEREAS, on December 8, 2022, a Notice of Determination (NOD) was posted at the State Clearinghouse and the Mendocino County Clerk/Recorder's office; and WHEREAS, on March 22, 2023, the Planning Commission held a duly noticed public hearing on the prezoning and recommended approval of the prezoning to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Ukiah does hereby recommend that the City Council approve the prezoning approximately 451 acres associated with the annexation of City-owned properties within unincorporated Mendocino County, as summarized below and depicted on Exhibit A, List of Parcels and Prezoning Maps. Area 1: APN 178-130-01 for natural resource conservation area; Public Facilities (PF). Area 2: APNs 156-240-02; 156-240-13 for natural resource conservation area; PF. Area 3: APNs 003-330-68; 003-330-69; 003-330-70 for airports and aviation-related functions and uses; PF. Area 4: APNs 184-080-36; 184-080-37; 184-090-01; 184-090-07;184-100-04; 184-080-40; 184-100-05; 184-090-06 for public utility facilities and uses (recycled water distribution) and agricultural uses incidental or accessory to allowed uses (ongoing lease for agricultural purposes per GC 37382); PF and Agricultural Combining District (-A). Area 5:APNs 184-150-01; 184-140-13 for public utility facilities and uses(Wastewater) and refuse disposal and refuse transfer stations; PF. BE IT FURTHER RESOLVED, that based on the evidence presented and the records and files referenced herein, that the Planning Commission of the City of Ukiah finds and determines: A. The proposed prezoning is consistent with Government Code Section 65859 and Ukiah City Code Section 9267; and B. The proposed prezoning is consistent with the City's 2040 General Plan and the City of Ukiah Zoning Code; and C. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and D. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 22nd day of March, 2023, by the following roll call vote: AYES: Commissioners Phi, de Grassi., R. Johnson, M. Johnson, and Chair Hilliker NOES: None ABSENT: None ABSTAIN:None Mark illi er, Chair ATTEST: ,. Kristine Lawler, City Clerk Page 2of2