HomeMy WebLinkAboutCC Reso 2023-42 - Application for Western Hills - Approved but Unsigned - Going back to Council 2-7-24Page 1 of 3
RESOLUTION NO. 2023-42
RESOLUTION OF APPLICATION OF THE CITY COUNCIL OF THE CITY OF UKIAH FOR THE
WESTERN HIILS ANNEXATION AREA, PREZONING, AND ADOPTION OF AN ADDENDUM TO THE
PREVIOSULY CERTIFIED MITIGATED NEGATIVE DECLARATION FOR THE UKIAH WESTREN HILLS
OPEN LAND ACQUISITION AND LIMITED DEVELOPMENT AGREEMENT PROJECT
WHEREAS:
1.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
2.On September 15, 2021, the City Council introduced Ordinance No. 1217, approving the
Ukiah Western Hills Open Land Acquisition & Limited Development Project (“2021 Western
Hills Project”) for acquisition, annexation and prezoning of approximately 707 acres, and the
associated Initial Study and Mitigated Negative Declaration (ISMND; SCH No.2021040428)
via Ordinance No. 1217; and
3.On March 2, 2022, the City Council approved the Limited Development Agreement and
Property Exchange (COU-No.2122-201), and a Road, Access and Maintenance Agreement
(COU-No. 2122-200) associated with the 2021 Western Hills Project; and
4.On June 8, 2022, the City of Ukiah submitted application number A-2022-02 for annexation
of the 2021 Western Hills Project parcels to the Mendocino County Local Agency Formation
Commission (LAFCo). The application also included several privately-owned parcels (±44
acres total; referred to as the “clean up parcels”) located in between the 2021 Western Hills
Project parcels and the County’s jurisdictional boundary, to inform the deliberate and
appropriate boundaries for the City of Ukiah. Some of these parcels also span both City and
County jurisdiction and the City proposes to annex them to rectify this jurisdictional issue; and
5.On December 7, 2022, the City Council adopted Resolution No. 2022-78 and Resolution No.
79, adopting the City’s 2040 General Plan and certifying the associated Environmental Impact
Report (EIR; SCH No. 2022050556). The 2040 General Plan and EIR identify the Western
Hills Annexation Area as one of the three areas the City intends to pursue for annexation. The
44 acres of privately owned parcels intended to rectify jurisdictional issues (“clean up parcels”)
were included in the Western Hills Annexation Area within the General Plan and EIR, bringing
the total Western Hills Annexation Area to 752 acres; and
6.On December 19, 2022, LAFCo approved the City’s Ukiah Municipal Service Review (MSR)
and Sphere of Influence (SOI) Update. The updated SOI includes the entire Western Hills
Annexation Area (752 acres) identified within the General Plan; and
7.In early 2023, an additional 40-acre parcel (APN 003-190-11) directly adjacent (south) to the
Western Hills Annexation Area and City’s western City limit became available for purchase;
8.The City of Ukiah desires to continue a proceeding for the adjustment of boundaries specified
herein by seeking acquisition of the parcel for open space and access opportunities in
connection with the Western Hills open space parcels.; and
9.Pursuant to Government Code Section 56654(a), the City must approve a resolution of
application in order to initiate annexation proceedings; and
10.Pursuant to 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
This resolution was approved by Council 12/6/23, but had missing documents. It will go back to Council on 2/7/24
to get an amended resolution that includes the attachments.
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zoning which will apply to such property in the event of subsequent annexation to the City;
and;
11. Pursuant to Section 15164 of the CEQA Guidelines, an Addendum to an adopted MND may
be prepared by a lead agency or a responsible agency if minor changes or additions are
necessary and none of the conditions described in Section 15162 of the CEQA Guidelines
calling for the preparation of a subsequent EIR or subsequent MND have occurred.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that:
1. This proposal is made, and it is requested that proceedings be taken, pursuant to the
Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, commencing with
section 56000 of the California Government Code, specifically Government Code § 56654(a).
2. This proposal is an annexation to the City of Ukiah.
3. Legal descriptions of the affected territories are set forth in Exhibit A, and maps of the affected
territories are set forth in Exhibit B, attached hereto and by reference incorporated herein.
4. The additional parcel to be annexed is a 40-acre uninhabited parcel that is contiguous to the
existing Western Hills Annexation Area and City limits, resulting in a total annexation area of
approximately 792 acres.
5. The 40-acre parcel is not located within the City’s Sphere of Influence, but is included in the
City’s Planning Area (as identified in the 2040 General Plan). The proposal to include this
parcel complies with Government Code Section 56742 in that the property is 1) less than 300
acres and located in Mendocino County where the City is situated; 2) is contiguous to the
existing City limits and Western Hills Annexation Area; and 3) will be owned by the City and
used for municipal purposes at the time these commission proceedings are initiated.
6. 25 acres of the 40-acre parcel would be owned by the City and maintained for open space
and municipal purposes, while 15 acres would be transferred to the private property owner
(Hull) via a Purchase Agreement between the City and Hull would allow Hull to retain one +/-
15-acre parcel after annexation for limited residential development, as specified in the
Purchase Agreement.
7. The City proposes to prezone the property(ies) Public Facilities (PF) and Single-Family
Residential-Hillside Overlay (R1-H), as depicted on the prezoning map in Exhibit B.
8. In accordance with CEQA Guidelines Sections 15162 through 15164, an Addendum to the
2021 Western Hills Project ISMND (SCH No: 2021040428) has been prepared by the City of
Ukiah Community Development Department, Planning Division.
9. As discussed in the Planning Commission Staff Report and Addendum, none of the criteria
noted in CEQA Guidelines 15162 have occurred, and only minor changes are necessary in
order to deem the Addendum to the certified MND adequate. Specifically, there are no
substantial changes proposed that require major revisions of the 2021 MND due to the
involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects. The Addendum incorporates mitigation identified in
the 2021 MND to reduce all impacts to a less than significant level. No new impacts that were
not previously discussed in the 2021 MND have been identified.
10. As discussed throughout the Addendum, staff reports and associated documents, the
proposal and associated actions are consistent with the City’s General Plan, Zoning Code, as
well as the Government Code and LAFCo policies related to annexation.
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11. The City Council approves the Western Hills Annexation Area amendment, prezoning and
associated actions.
12. The City Council adopts the Addendum (and associated Mitigation Monitoring Reporting
Program) to the 2021 Western Hills Project ISMND (SCH No: 2021040428), based on the
findings described in Attachment XX and the Conditions of Approval in Attachment XX.
13. Once the territory is annexed by the City, it will no longer be subject to property taxes.
Moreover, the use of the property for governmental purposes will not generate any other tax
revenues, such as sales tax. As such, this reorganization will not result in any taxes that could
be shared by the City and County pursuant to a tax sharing agreement.
PASSED AND ADOPTED this 6th day of December, 2023, by the following roll call vote:
AYES: Councilmember Rodin, Orozco, Sher, Crane, and Mayor Duenas
NOES: None
ABSENT: None
ABSTAIN: None
Josephina Dueñas, Mayor
ATTEST:
Kristine Lawler, City Clerk