HomeMy WebLinkAboutCC Reso 2023-18 - Prezoning Parcels with Annexation RESOLUTION NO. 2023-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PREZONING
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
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WHEREAS, on December 19, 2022, the Mendocino County Local Agency Formation
Commission adopted the City of Ukiah Municipal Service Review and Sphere of
Influence Upate; 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
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 adopted Resolution No. 2023-02, recommending
approval of the prezoning to the City Council; and
NOW,THEREFORE,BE IT RESOLVED,that the City Council 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: Area 1: APN 178-130-01 for remediation of a former refuse disposal
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 City Council 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
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B. The proposed prezoning is consistent with the City's 2040 General Plan and
Fthe 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 5th day of April 2023, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, Duenas, and Mayor Rodin
NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Mari Rodin, Mayor
ATTEST:
Kristine Lawler, Clerk
Exhibit A: Parcel List and Prezone Maps
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