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HomeMy WebLinkAbout2023-11-08 PC PacketPage 1 of 2 Planning Commission Regular Meeting AGENDA (to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate virtually, go to the following link: https://us06web.zoom.us/j/91264543193 To view the meeting (without participating), go to: http://www.cityofukiah.com/meetings/ Or you can call in using your telephone only: • Toll-free 1-669-444-9171 • Enter the Access Code: 912 6454 3193 • Raise hand: After being recognized, Enter *9 • To Speak after being recognized: enter *6 to unmute yourself November 8, 2023 - 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 October 11, 2023, a Regular Meeting Recommended Action: Approve the Minutes of October 11, 2023, a Regular Meeting. Attachments: 1. October 11, 2023, Planning Commission Minutes 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 appeared and stated 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 November 20, 2023. 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience that is within the subject matter jurisdiction of the Planning Commission. 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 Page 1 of 93 Page 2 of 2 8. VERIFICATION OF NOTICE 9. PLANNING COMMISSIONERS REPORT 10. DIRECTOR'S REPORT 10.a. Receive Community Development Director's Report Recommended Action: Receive Community Development Director's Report. Attachments: 1. Planning Division Projects Report - 11-1-23 11. CONSENT CALENDAR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.a. Recommendation to the City Council for Approval of an Amendment of the Western Hills Annexation Area, Prezoning, and Adoption of an Addendum to the Ukiah Western Hills Open Land Acquisition & Limited Development Project Initial Study/Mitigated Negative Declaration Recommended Action: Staff recommends the Planning Commission: 1) Conduct a public hearing; 2) Make a recommendation to the City Council to adopt the Addendum to the 2021 Western Hills Project Initial Study and Mitigated Negative Declaration (SCH No. 2021040428); and 3) Make a recommendation to City Council to approve the amendment to the Western Hills Annexation Area and proposed prezoning. Attachments: 1. Draft Findings 2. Draft Conditions of Approval 3. Project Maps and Figures 4. Draft Addendum to the '2021 Western Hills Project' ISMND 5. Correspondence Received-John Rogers 6. Correspondence Received-Dennis Dill 14. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order 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 distribution of 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 prior to the meeting set forth on this agenda. Dated: 11/1/2023 Stephanie Abba, Planning Commission Secretary Page 2 of 93 Agenda Item 4a Page 1 of 2 CITY OF UKIAH PLANNING COMMISSION MINUTES REGULAR MEETING Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 Virtual Meeting Link: https://zoom.us/j/91264543193 October 11, 2023 6:00 p.m. 1. CALL TO ORDER The City of Ukiah Planning Commission held a Regular Meeting on October 11, 2023. The meeting was legally noticed on October 05, 2023. The meeting was held in person and at the following virtual link: https://zoom.us/j/91264543193. Chair Mark Hilliker called the meeting to order at 6:02 p.m. CHAIR M. HILLIKER PRESIDING. 2. ROLL CALL Roll was taken with the following Commissioners Present: Thao Phi, Alex deGrassi, Rick Johnson, and Chair Mark Hilliker. Commissioners Absent: None. Staff Present: Craig Schlatter, Community Development Director; Jesse Davis, Chief Planning Manager; and Stephanie Abba, Planning Commission Secretary. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. APPROVAL OF MINUTES a. Approval of the Minutes of September 27, 2023, a Regular Meeting. Motion/Second: A. deGrassi/T. Phi to approve the Minutes of September 27, 2023, a Regular Meeting as submitted. Motion carried by the following Roll Call votes: AYES: T. Phi, A. deGrassi, and Chair M. Hilliker. NOES: None. ABSENT: None. ABSTAIN : R. Johnson. 5. APPEAL PROCESS Chair Hilliker stated that the appeals deadline date is October 23, 2023. No appeals were received. 6. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS No Comments from Audience 7. SITE VISIT VERIFICATION Verified by Commissioners 8. VERIFICATION OF NOTICE Verified by Staff 9. PLANNING COMMISSIONERS REPORTS Report Received – M. Hilliker Page 3 of 93 Minutes of the Planning Commission September 27, 2023, Continued: Page 2 of 2 10. DIRECTOR’S REPORT Presenter: Craig Schlatter, Community Development Director Report received regarding Jesse Davis leaving the City of Ukiah. 11. CONSENT CALENDAR No items on the Consent Calendar 12. UNFINISHED BUSINESS No Unfinished Business Agendized. 13. NEW BUSINESS a. Consideration of an offer of public artwork in Todd Grove Park that would formalize existing mural components on a public structure and approve a proposal for the remaining portion consistent with the City’s Public Art Policy. Presenter: Jesse Davis, Chief Planning Manager PUBLIC COMMENT: Vanessa Curl; Catrina Karpov-Kinrade; Stacey Sheldon Motion/Second: T. Phi/A. deGrassi to approve the public artwork, as presented based on the Findings in Attachment 1 and the Conditions of Approval in Attachment 2. Motion carried by the following Roll Call votes: AYES : T. Phi, A. deGrassi, and Chair M. Hilliker. NOES: R. Johnson ABSENT: None. ABSTAIN: None. RECESS: 6:54 p.m. RECONVENED: 7:03 p.m. b. Receive Planning Commissioners Training from the City attorney’s Office and Discuss and/or Ask Questions as Necessary. Chair Hilliker leaves the meeting at 8:06 p.m. City Attorney, David Rapport, asks the Commissioners if they would like to take a Recess. It is the consensus of the Planning Commissioners to take a Recess. RECESS: 8:07 p.m. RECONVENED: 8:17 Training Received. 14. ADJOURNMENT There being no further business, the meeting adjourned at 9:01 p.m. ______________________________________ Stephanie Abba, Planning Commission Secretary Page 4 of 93 Page 1 of 1 Agenda Item No: 10.a. MEETING DATE/TIME: 11/8/2023 ITEM NO: 2023-3162 AGENDA SUMMARY REPORT SUBJECT: Receive Community Development Director's Report DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. Planning Division Projects Report - 11-1-23 Summary: Planning Commission will receive the Community Development Director's report. Background: Director's Reports are bi-monthly oral reports given by the Community Development Director on the status of projects of the Planning Division of the Community Development Department. Updates may include, but are not limited to, application status of major and minor discretionary permits, the implementation status of advanced planning and related 2040 General Plan programs and projects, and updates related to the activities of other divisions of the Department. Discussion: This report is expected to provide updates in the following areas: • November 2023 Planning Division Projects Report (Attachment 1). o This is a monthly report produced on the first of each month. The November 2023 report and previous monthly reports are located on the Planning Division Services webpage, under "Current Planning Reports": https://cityofukiah.com/communitydevelopment/planning-services/ Recommended Action: Receive Community Development Director's Report. Page 5 of 93 Permit # Site AddressDate of Submittal/ Resubmittal Summary of ProjectStatusn/a Western Hills-Ukiah n/aWestern Hills Annexation Area Amendment to include an additional 40-ac parcel (APN 003-190-11), prezoning and approval of anAddendum to the previosuly approved Initial Study/Mitigated NegativeDeclarationPlanning Commission hearing for recommendation to City Council: 11/8/2323-8950 414 E. Perkins St. 10/12/23Site Development Permit for remodel of existing building for operation of Redwood Credit Union bank facility within the Urban Center (UC) zoning district of the Downtown Zoning Code Incomplete 10/25/2323-8972 441 N State St. 10/19/23Major Use Permit for addition of outdoor cannabis consumption lounge at existing Vibe dispensary within the Community Commercial (C1) zoning districtProject referred to departments and agencies 11/1/2323-8991 108 N. School St. 10/26/23Major Use Permit for operation of a second hand vintage clothing store within the Urban Center (UC) zoning district of the Downtown Zoning Code Project referred to departments and agencies 11/1/2322-7956 162 Talmage Rd.6/28/2310/10/23Major Site Development Permit for the Splash Express Car Wash (formerly dBA LUV Car Wash) facility. Includes demolition of the existing structures and redevelopment of a new car wash facility, located within the Heavy Commercial (C2) zoning district.LUV Car wash approved by Planning Commission on 6/28/23; Project modified and resubmitted by applicant for 10/18/23 City Council appeal hearing; Council determined that resubmitted project requires Planning Commission review. Planning Commission hearing 12/13/23 (tentative), pending incomplete items17-3069 1294 N. State St. 9/13/17;9/14/21; 9/28/22; 5/12/23; 7/11/23Resubmitted Major Use Permit and Site Development Permit to allow for construction of two retail suites (including one drive-through), located in the C-1 (Community Commercial) zoning district.Incomplete 6/2/22; 9/29/22; 5/27/23; Design Review Board Meeting: TBD; Awaiting response from Applicant.City of UkiahSubmitted Planning Applications As of 11/1/2023Page 1 of 3ATTACHMENT 1Page 6 of 93 Permit # Site Address Approval Date Summary of Project Comments23-8753 104 Echo Way 10/19/23 104 Echo Way Minor Subdivision Modification Approved by City Engineer on 10/19/2323-8774 1104 S. State St. 10/11/23Green Advt 101/Cookies Renewal of existing cannabis Major Use Permit within the Heavy Commercial (C2) zoning districtApproved by Zoning Administrator on 10/11/23N/A 600 Live Oak Ave. 10/11/23Todd Grove Public Art Mural Permit within the Public Facilities (PF) zoning districtApproved by Planning Commission on 10/11/2323-8481 1076 Cunningham Rd. 9/27/23Major Use Permit to include outdoor consumption lounge at the existing Heritage Mendocino cannabis dispensary within the Industrial (I) zoning district Approved by Planning Commission on 9/27/2323-8069 218 Mason St. 9/13/23Minor Use Permit for conversion of use from commercial to mixed-use within the Community Commercial (C1) zoning district.Approved by the Zoning Administrator on 9/13/2322-7977 101 S. Main St. 9/29/23Major Site Development Permit for construction of a new Redwood Credit Union bank facility, located within the Urban Center (UC) zoning district.Planning Commission denied the Project on 6/14/23; Appeal from applicant approved by City Council on 9/29/23A_2021-01 Citywide 9/11/2023 Annexation of City-Owned Parcels.Application approved by LAFCo on 09/11/23.City of UkiahRecently (Within Previous 90 Days) Approved ProjectsAs of 11/1/2023Page 7 of 93 Permit # Site Address Approved Date Summary of Project CommentsN/A Citywide N/AOrdinance Amendment for modifications to Objective Design and Development Standards for New Residential Construction (UCC 9055)First Reading by City Council on 10/4/23; Second Reading and Adoption by City Council on 10/18/23. Ordinance effective 11/17/23.N/A Citywide N/AOrdinance Amendment for modifications to UCC 3016 for Demolition Permit proceduresWorking with Rincon Consultants, Inc. to update/streamline Demolition Permit procedures. Funded by Local Early Action Planning (LEAP) Grant. Anticipate brining proposed amendments forward Fall/Winter 2023.N/A Citywide N/A 2040 General Plan Implementation ProgramsClimate Action Plan, Right-to-Farm Ordinance, Update to Demo Permit Procedures in-processA_2022-02Unincorporated Western Hills N/AAmendment of the Western Hills Annexation Area - Annexation Application.Annexation application submitted to LAFCo: 6/8/22. Incomplete letter from LAFCo received 6/29/22.Planning Commission hearing for recommendation to City Council: 11/8/23N/A Citywide N/AOrdinance Amendment for modifications to Lot Line Adjustment Requirements. Proposed amendments planned Winter 2023.City of UkiahAdvanced Planning ProjectsAs of 11/1/2023Page 8 of 93 AGENDA ITEM NO. 12a Department of Community Development Planning Division 300 Seminary Ave. Ukiah, CA 95482 Staff Report Western Hills Annexation Area Amendment 1 DATE: October 31, 2023 TO: Planning Commission FROM: Michelle Irace, Planning Manager SUBJECT: Recommendation to the City Council for Approval of an Amendment of the Western Hills Annexation Area, Prezoning, and Adoption of an Addendum to the Ukiah Western Hills Open Land Acquisition & Limited Development Project Initial Study/Mitigated Negative Declaration SUMMARY OWNER: City of Ukiah; various private property owners APPLICANT: City of Ukiah LOCATION: Several parcels located within unincorporated Mendocino County within the Ukiah Western Hills. See Table 1 below. TOTAL ACREAGE: The Western Hills Annexation Area, as amended, comprises ±792 acres GENERAL PLAN: Existing Mendocino County General Plan: Remote Residential, 40 Acre Minimum (“RMR40”) Proposed City of Ukiah General Plan: Hillside Residential (“HR”) and Public (“P”) ZONING: Existing Mendocino County Zoning: Upland Residential, 40- acre minimum (UR:40) Proposed City of Ukiah Zoning: Single-Family Residential- Hillside Overlay District (R1-H) and Public Facilities (PF) AIRPORT COMPATIBILITY ZONE: Other Airport Environs (“OAE”) area of the Ukiah Municipal Airport Land Use Compatibility Plan ENVIRONMENTAL DETERMINATION: Addendum to Initial Study and Mitigated Negative Declaration No. 2021040428 (approved by City Council on September 15, 2021) RECOMMENDATION: Make a recommendation to the City Council to approve the amendment to the Western Hills Annexation Area, prezoning, and Addendum. Findings are included in Attachment 1 and Conditions of Approval are included in Attachment 2. Page 9 of 93 Staff Report Western Hills Annexation Area Amendment 2 BACKGROUND Over the last several years, the City has been acquiring lands immediately adjacent to the western City limits, known as the “Western Hills” with the purpose of annexing such lands into the City limits for open space preservation, public purposes, wildfire protection, and limited orderly development potential. Specifically, the City is proposing to annex ±792 acres known as the “Western Hills Annexation Area”, as amended, which comprises both City-owned and privately- owned property (See Project Description Section below for more information). Below includes a summary of actions associated with the Western Hills Annexation Area to date. • At the August 25, 2021, regular meeting, the Planning Commission considered approval of the Western Hills Open Land Acquisition and Limited Development Agreement Project (2021 Western Hills Project), associated prezoning and Initial Study and Mitigated Negative Declaration (ISMND; State Clearinghouse No. 2021040428), and recommended approval for these actions to the City Council. The 2021 Western Hills Project included acquisition and annexation of ±707 acres for open space, public purposes, and the potential for limited residential development. • On September 15, 2021, the City Council introduced Ordinance No. 1217, approving the 2021 Western Hills Project, associated prezoning and ISMND via Ordinance No. 1217. The ISMND (referred to the “2021 MND” in this Staff Report) can be found online at: https://cityofukiah.com/ceqa-review/. • On June 8, 2022, the City of Ukiah submitted an application for annexation to the Mendocino County Local Agency Formation Commission (LAFCo) for annexation of the 2021 Western Hills Project parcels, in accordance with the terms identified in the Development Agreement. In addition to the parcels identified as a part of the Western Hills Annexation Area, the application for annexation (LAFCo No. A-2022-02) included several privately-owned parcels (±44 acres total) located in between the 2021 Western Hills Project parcels and the County’s jurisdictional boundary, to inform the deliberate and appropriate boundaries and growth 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. • 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 (see EIR Section 2.2.7). 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. The General Plan and EIR can be found online at https://ukiah2040.com/. • 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 identified within the General Plan (original 707 acres, in addition to the 44 acres of “clean up parcels”). • An additional 40-acre parcel (APN 003-190-11) directly adjacent (south) to the Western Hills Project and City’s western City limit became available for purchase in 2023, and on May 3, 2023, the City Council approved the City seeking acquisition of the parcel for open space and access opportunities in connection with the Western Hills open space parcels. This parcel is proposed for inclusion in the Western Hills Annexation Area, as described below. Page 10 of 93 Staff Report Western Hills Annexation Area Amendment 3 At this time, the Planning Commission is being asked to consider making a recommendation to the City Council to: 1) adopt the Addendum to the 2021 Western Hills Project Initial Study and Mitigated Negative Declaration (SCH No. 2021040428); and 2) to approve the amendment to the Western Hills Annexation Area, and proposed prezoning, as described below. If approved by Council, the City will amend its application of annexation to LAFCo for consideration. PROJECT DESCRIPTION Since approval of the 2021 Western Hills Project, 84 acres have been added to the Western Hills Annexation Area, as described below. The additional acreage, in combination with the other components summarized below, constitute the “Revised Project”. Project Figures and Maps, including a location map and prezoning map are included in Attachment 3. • Amending the Western Hills Annexation Area to include one 40-acre parcel, resulting in a total acreage of 792 acres (see Table 1 below for a list of parcels). 25 acres of the property would be owned by the City and maintained for open space and municipal purposes. • 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 (via a Lot Line Adjustment) after annexation. o Hull would be able to retain the right to create and develop three parcels with one single family home and one accessory dwelling unit (six total possible units), in accordance with Single-Family Residential-Hillside Overlay (R1-H) zoning regulations. The parcels would be created within the eastern portion of the existing 40-acre parcel, but the location of the potential residential units is not known at this time, as it does not include specific development designs or proposals, nor does it grant any entitlements for development. o The Purchase Agreement will also specify the property owner’s water rights, as well as utility and access easements. Whie the easement will allow for future trail opportunities, no such uses are proposed at this time. • Prezoning the 15 acres associated with the Purchase Agreement as Single-Family Residential-Hillside Overlay (R1-H), and the remaining 25 acres (that would remain owned by the City) as Public Facilities (PF). • Prezoning the 44-acres (“clean up parcels”) to R1-H. The parcels were included in the General Plan and associated EIR, but have not been formally prezoned via City Council Resolution, as required by LAFCo. These parcels are proposed for R1-H prezoning for consistency with existing and adjacent development but would remain under private ownership and are not included in the Development Agreement (2021) or Purchase Agreement (2023). • Amending the City’s annexation application (LAFCo No. A-2022-02) to include the 40-acre parcel and other items noted as incomplete for submittal to LAFCo. Please refer to the comprehensive Project Description in the Addendum to the approved 2021 MND prepared for the Revised Project, in accordance with the California Environmental Quality Act, for more information (Addendum is included in Attachment 4 and discussed more in the Environmental Documentation Section below). Page 11 of 93 Staff Report Western Hills Annexation Area Amendment 4 Table 1, Western Hills Annexation Area Parcels (as revised) Assessor Parcel No. Property Owner Situs Address Size (acres) 2021 Western Hills Project Parcels (707 acres total) 157‐030‐02 City of Ukiah None assigned 20.00 157‐030‐03 City of Ukiah None assigned 60.00 157-050-14 City of Ukiah None assigned 20.17 157-050-15 City of Ukiah None assigned 40.43 157-050-16 Dave Hull; D & J Investments, LLC. None assigned 40.25 157-050-18 City of Ukiah None assigned 60.00 157-070-05 City of Ukiah None assigned 76.20 003-190-17 Dave Hull; D & J Investments, LLC. None assigned 18.30 003-190-16 Dave Hull; D & J Investments, LLC. None assigned 0.29 003-190-15 Dave Hull; D & J Investments, LLC. None assigned 5.00 003-190-13 Dave Hull; D & J Investments, LLC. None assigned 9.08 003‐110‐90 Adonis & Sarah Noguera 620 Redwood Ave. 4.14 003‐190‐09 Adonis & Sarah Noguera 620 Redwood Ave. 10.20 100-040-83 Dave Hull; D & J Investments, LLC. None assigned 77.60 157-050-03 City of Ukiah None assigned 60.05 157-050-13 City of Ukiah None assigned 59.71 157-060-02 City of Ukiah None assigned 18.66 157-060-03 City of Ukiah None assigned 128.52 Privately-Owned Parcels (44 acres) Added to the Western Hills Annexation Area in the 2040 General Plan 001‐420‐40 Robert R Beltrami 145 Mendocino Pl. 1.49 001‐041‐02 Grayden Huff 500 Lookout Dr. 1.33 001‐041‐03 Amanda Reiman 4 Lookout Dr. 0.66 001‐041‐04 Amanda Reiman 3 Lookout Dr. 0.48 001‐041‐05 Robert Werra 2 Lookout Dr. 1.13 001‐041‐06 Robert Werra 415 Hillview Ave. 0.74 001‐041‐07 Robert Werra 415 Hillview Ave. 0.38 001‐040‐81 William Edwards 335 Janix Dr. 2.40 001‐041‐01 Robert Werra None assigned 35.50 Additional Parcel (40 acres) Proposed for Inclusion 003-190-11 Dave Hull (25 acres to be owned by City) None assigned 40 TOTAL ACREAGE 792.71 Page 12 of 93 Staff Report Western Hills Annexation Area Amendment 5 SURROUNDING LAND USE & ZONING The parcels are currently located outside of the City of Ukiah limits, within unincorporated Mendocino County, currently carry a Remote Residential, 40 Acre Minimum (“RMR40”) land use designation within the Ukiah Valley Area Plan (UVAP; 2011) and the existing zoning is Upland Residential, 40-acre minimum (“UR:40”). Lands to the north (with the exception of the northeastern-most boundary), west and south are largely undeveloped but contain some rural residential development within unincorporated Mendocino County. To the east, the Project is bounded by lands within the City of Ukiah developed with single family housing and zoned Single- Family Residential-Hillside Overlay District (R1-H). A summary of surrounding land uses and zoning designations is provided below in Table 2. Existing General Plan and Zoning Maps may be accessed online at: https://cityofukiah.com/community-development/policies-documents- maps/ . Table 2, Surrounding Zoning and Land Uses STAFF ANALYSIS General Plan Consistency. Since approval of the original 2021 Western Hills Project and MND, the City adopted its 2040 General Plan (December, 2022). As a part of the General Plan, the Western Hills Annexation Area (including the 707 acres within the original project and MND, as well as the additional 44 acres of “clean up” parcels), the City’s Sphere of Influence (SOI) and Planning Area were also updated and analyzed. The updated (now existing) boundaries of the SOI include the 707 acres included in the original project, and Western Hills Annexation Area. The 40 acres proposed as a part of the Revised Project were not included in the amended SOI, nor the Western Hills Annexation Area identified in the General Plan and associated EIR. However, the 40 acres would be owned by the City at the time of annexation and is within the City’s updated Planning Area, consistent with the intent of Government Code Section 56742. Additionally, The 2021 Western Hills Project was determined to be consistent with the City’s General plan (1995) and planned growth anticipated within it. Further, as noted above, annexation of this area was built into the City’s new (2040) General Plan. The proposed 40-acre parcel being included in the Western Hills Annexation Area would result in a more orderly, contiguous and less peninsular annexation area than the current configuration, which is supported by LAFCo policies. The Revised Project is also consistent with General Plan Goals ENV-1, ENV-4, LU-6, LU-7, LU- 8 and LU-9 (and Polices ENV 1.2, LU 6.1, 6.2, 6.3, 7.1, 7.2 and 8.1) which support annexation and orderly development of lands contiguous to the City limits, as well as open space ZONING: USE: NORTH County: Upland Residential, 40-acre minimum (UR:40) City: Single-Family Residential-Hillside Overlay District (R1-H) Undeveloped/ Rural Residential Undeveloped EAST City: Single-Family Residential-Hillside Overlay District (R1-H) Single-Family Residential SOUTH County: Upland Residential, 40-acre minimum (UR:40) Undeveloped/ Rural Residential WEST County: Upland Residential, 40-acre minimum (UR:40) Undeveloped/ Rural Residential Page 13 of 93 Staff Report Western Hills Annexation Area Amendment 6 preservation, protection of hillsides and development of all housing types. See Findings in Attachment 1 for further detail. Prezoning. Government Code Section 65859 allows the City to adopt a zoning district for land outside of the city limits in anticipation of annexation and development (i.e., prezone). Under the provisions of the Government Code, the zoning district adopted by the City does not become effective unless and until the land is annexed into the City. UCC §9267, Prezoning, states that 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. This section of the UCC states that the Planning Commission shall formulate a recommendation to the City Council, and the Council shall conduct a public hearing to consider the prezoning proposal, and shall render a decision accordingly. The current County land use designation is Remote Residential, 40 Acre Minimum (“RMR-40”) and the existing County zoning designation is Upland Residential, 40-acre minimum (“UR-40”). These designations are intended to be applied to lands having constraints for commercial agriculture, timber production or grazing, and are well suited for small scale farming and low density agricultural and residential uses. Both the existing RMR-40 land use designation and UR- 40 zoning designation allow for one dwelling unit (and one ADU) per 40 acres. The 25 acres (of the 40-acre parcel) that would remain under City ownership for open space and municipal purposes would be prezoned as Public Facilities (PF), with a corresponding Public (P) General Plan land use designation. The P General Plan land use designation and PF zoning encompass lands within the City that are owned by the City and/or contain open space and parks, as well as other public facilities or municipal services. Because the portion that would ultimately owned by the City and intended for municipal purposes, the PF prezoning (and P General Plan land use designation) is appropriate. The remaining 15 acres that would be transferred to the private property owner and could allow for limited residential development under a Purchase Agreement is proposed for Single-Family Residential-Hillside Overlay (R1-H) prezoning with a corresponding Hillside Residential (HR) General Plan (2040) land use designation. The Hillside Residential (HR) land use designation replaces previous (1995 General Plan) Rural Residential designation in areas in the hillsides west of Highland Avenue and Park Boulevard, with a maximum allowable density of one dwelling unit per gross acre. The intent of this designation is to allow for single-family residential at a lower density to align with the goal of reducing development in designated High Fire Hazard Areas. The Hillside Overlay District (-H or R1-H) is intended to encourage planning, design, and development while preserving natural physical features and minimizing potential safety, water runoff and soil erosion concerns associated with the natural terrain. The Purchase Agreement associated with the Revised Project would allow creation of three development parcels (in accordance with R1-H standards and the Subdivision Map Act) within the 15 easternmost acres of the 40-acre parcel and would further restrict development to one single family dwelling per parcel and one ADU (except for in cases were the slope exceeds 50 percent, per the City’s Hillside Overlay Ordinance). All development within the R1-H district requires discretionary review (Planning Commission approval) and would be subject to all R1-H development regulations (including slope, density, setbacks, height, fire safety and water requirements, access requirements, etc.) contained within the Hillside Overlay District. Development within the Hillside Overlay District also includes submittal of the following: soil and geological reports, subsurface investigations, grading plans, vegetation reports, grading plans, hydrology reports, and structure elevations. Each home would require approval of a Use Permit Page 14 of 93 Staff Report Western Hills Annexation Area Amendment 7 and/or Site Development Permit by the Planning Commission as well as a Building Permit, which includes additional review and approval by County and City departments. The privately-owned ±44 acres (“clean up parcels”) that are included in the Western Hills Annexation Area are proposed for R1-H zoning. The existing zoning is Upland Residential, 40- acre minimum (“UR:40”). However, all of the parcels are currently existing nonconforming to the 40-acre requirement, as the median size of these parcels is 0.94 acres due to them being unincorporated remnants of lots already developed within the City along Lookout Drive. Because the parcels are developed with single-family residences (or associated with developed residences) within the Western Hills area and surrounded by other R1-H properties, the proposed Hillside Residential land use designation and R1-H zoning designations are appropriate for these parcels. Conclusion. For the reasons discussed above, the Project would be consistent with the City’s General Plan, Zoning Code, the County’s UVAP, as well as the Government Code and LAFCo policies related to annexation and prezoning. The Ukiah City Code does not identify specific findings required for annexation or prezoning, but Draft Findings supporting Staff’s recommendation are included in Attachment 1. Draft Conditions of Approval can be found in Attachment 2. ENVIRONMENTAL REVIEW 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. In this instance, an Addendum to the 2021 Western Hills Project ISMND (SCH No: 2021040428) has been prepared. The 2021 MND analyzed the acquisition, annexation, prezoning and development potential (up to 14 residential units) associated with the 2021 Western Hills Project. The 2021 MND was approved by City Council on September 15, 2021 and can be accessed online at: https://cityofukiah.com/ukiah-western-hills-open-land-acquisition-limited-development- agreement-project/. The Western Hills Annexation Area was identified as “Annexation Area C” within the City’s 2040 General Plan and associated EIR, and included the original 707 acres associated with the 2021 Western Hills Project, as well as the 44 acres of “clean up” parcels added after approval of the 2021 Western Hills Project. The EIR analyzed annexation of this area, as well as the associated prezoning, and adoption of the new Sphere of Influence and Planning Area. Because the addition of the 44 acres was analyzed within the EIR and no change to those parcels are proposed as a part of the Revised Project, further analysis of these parcels is not required, and not included within the Addendum. However, the EIR is referenced in certain sections of the Addendum, as appropriate. The EIR can be accessed online at: https://ukiah2040.com/documents.html. The Addendum (Draft) is included in Attachment 4 and includes a discussion of impacts identified in the 2021 MND, as well as a discussion of impacts associated with the Revised Project. A summary of the analysis and findings contained within the Addendum is included below. Summary of Impacts Disclosed in 2021 MND. Project components including the acquisition, annexation, and prezoning of parcels, in addition to the Lot Line Adjustments, would not directly result in physical impacts to the physical environment. However, infrastructure improvements and the potential construction of up to seven single-family homes and seven associated ADUs, for a total of 14 units within the easternmost 54 acres of the Project area, could occur under the Page 15 of 93 Staff Report Western Hills Annexation Area Amendment 8 Development Agreement. Hull Properties is choosing to require the single-family homes to be constructed to R1-H standards by including them in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Development Parcels 1-3. In addition, although not required, the mitigation measures contained within the ISMND for residential development will also be included in the CC&Rs. Development Parcels 1-3 will still be included in the application for annexation and prezoned to R1-H. Although residential development is not proposed at this time and the 2021 Western Hills Project would not grant any entitlements, this analysis assumes that the development will occur on all Development Parcels, both under the County and City’s jurisdiction. As described throughout the Initial Study, construction and ground disturbing activities associated with these components could result in direct significant impacts to Air Quality, Biological Resources, Cultural /Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Utilities and Service Systems, and Wildfire. However, mitigation measures identified within the aforementioned sections would reduce impacts to less than significant with mitigation incorporated. Cumulative impacts are generally considered in analyses of Air Quality, Biological Resources, Cultural Resources, Noise, and Traffic. As discussed throughout the Initial Study, the 2021 Western Hills Project would have less than significant impacts on these resources with implementation of mitigation measures described therein. As discussed in Section 14, Population and Housing, as well as Section 11, Land Use and Planning, the potential development of up to 14 units would not induce substantial unplanned population growth in an area, either directly or indirectly. Individual impacts from the 2021 Western Hills Project would not significantly contribute to cumulative impacts in the area as there are no known past projects nor current projects within the vicinity of the site. However, all future housing development would be analyzed on a project level basis for direct, indirect, and cumulative impacts, as necessary. Summary of Impacts from Revised Project. Impacts associated with the Revised Project would be consistent, if not less than, those disclosed within the 2021 MND and within the 2040 General Plan EIR related to the Western Hills Annexation Area. Specifically, the 40-acres proposed for inclusion in the Western Hills Annexation Area contains similar terrain, vegetation and scenic quality as the parcels previously analyzed. While the Revised Project does not include road and/or utility improvements, which would result in less impacts described within the 2021 MND associated with groundwork, grading, and vegetation removal associated with those components, the Purchase Agreement would allow for potential development of up to six additional units within a 15-acre area, in accordance with the R1H zoning regulations. Similar to the analysis contained within the 2021 MND, the exact location of the potential development parcels and residential units is unknown at this time. However, all future development would be subject to discretionary and environmental review and be required to comply with City regulations for height, setbacks, and other development standards established to protect natural features and scenic resources within the Western Hills. The Revised Project would incorporate mitigation measures from the 2021 MND to reduce impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Wildfire. Consistent with the 2021 MND, all impacts, including cumulative impacts, associated with the Revised Project would be less than significant with mitigation incorporated. CEQA Conclusion. Consistent with CEQA Guidelines 15164, the following discussion demonstrates that none of the conditions described in Section 15162 have occurred and that only minor changes are necessary in order to deem the certified MND adequate to describe the impacts of the project. 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 Page 16 of 93 Staff Report Western Hills Annexation Area Amendment 9 substantial increase in the severity of previously identified significant effects. CEQA Guidelines Section 15164 also states that an Addendum need not be circulated for public review but can be included in or attached to the certified MND for consideration by the hearing body. The following addresses each of the criteria contained in Section 15162 of the CEQA Guidelines in regard to the project. a) No Substantial Project Changes. The revisions to the analysis from the Revised Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects evaluated in the 2021 MND. The Revised Project is proposing to include additional properties immediately adjacent to the original project within the Western Hills Annexation Area, resulting in the potential for six additional residential units, compared to the 14 potential units analyzed within the Western Hills 2021 MND. As discussed throughout the Addendum, impacts from the Revised Project are equal to, or less than, those described for the original project. The Revised Project will incorporate 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. b) No Substantial Change in Circumstances. No changes have occurred as a result of the Revised Project which require major revisions of the 2021 MND. The Revised Project would not result in any new significant environmental impacts or substantial increase in the severity of previously identified significant impacts (refer to the Environmental Analysis section for details regarding the impacts associated with the Revised Project). c) No New Information of Substantial Importance. Although some circumstances surrounding the Revised Project have changed from those described in the 2021 MND, the analysis for the Revised Project demonstrates that the changes are not substantially different from those described in the 2021 MND. Additionally, there is no information available that indicates that the Revised Project would result in a substantial increase in the severity of previously identified impacts. NOTICE Public notice was provided in the following manner, consistent with Ukiah City Code (UCC) §9267 and California Environmental Quality Act (CEQA) Guidelines Section 15164: • Provided to property owners within 300 feet of the project parcels on October 26, 3023; • Published in the Ukiah Daily Journal on October 28, 2023; • Posted on the Project site on October 26, 2023; 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 Addendum, and approval of the Revised Project (acquisition, annexation and prezoning) with the City Council. The Planning Commission has the authority to consider the aforementioned and make recommendations to the City Council. The City Council will also consider Adoption of a Resolution of Application to LAFCo, as formal annexation of the parcels for inclusion in the City limits requires approval by LAFCo. As such, Staff recommends Planning Commission: 1. Conduct a public hearing; 2. Make a recommendation to the City Council to adopt the Addendum to the 2021 Western Hills Project Initial Study and Mitigated Negative Declaration (SCH No. 2021040428); Page 17 of 93 Staff Report Western Hills Annexation Area Amendment 10 3. Make a recommendation to City Council to approve the amendment to the Western Hills Annexation Area and proposed prezoning. ATTACHMENTS 1. Draft Findings 2. Draft Conditions of Approval 3. Project Figures and Maps 4. Draft Addendum to 2021 Western Hills Project Initial Study and Mitigation Negative Declaration (SCH No. 2021040428) Page 18 of 93 Findings Western Hills Annexation Area Amendment 1 ATTACHMENT 1 DRAFT FINDINGS TO AMEND THE WESTERN HIILS ANNEXATION AREA, PREZONING, AND TO ADOPT AN ADDENDUM TO THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APPROVED FOR THE UKIAH WESTERN HILLS OPEN LAND ACQUISITION & LIMITED DEVELOPMENT AGREEMENT PROJECT The Community Development Department’s recommendation for approval of an amendment to the Western Hills Annexation Area (now totaling +/-792 acres), prezoning, and adoption of an Addendum to the previously approved Initial Study/Mitigated Negative Declaration (SCH No. 2021040428), is based in part on the following findings, in accordance with UCC §9267, as well as Section 65895 of the Government Code, and CEQA Guidelines Sections 15162-15164. 1. On September 15, 2021, the City Council introduced Ordinance No. 1217, approving the 2021 Western Hills Project, which included acquisition and annexation of 707 acres and a Development Agreement for limited residential opportunities on 54 of the 707 acres, associated prezoning, and an ISMND via Ordinance No. 1217. The ISMND (referred to the “2021 MND” in this Staff Report) can be found online at: https://cityofukiah.com/ceqa-review/. 2. 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 (see EIR Section 2.2.7). 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. The General Plan and EIR can be found online at https://ukiah2040.com/. 3. On June 8, 2022, the City of Ukiah submitted an application for annexation to the Mendocino County Local Agency Formation Commission (LAFCo) for annexation of the 2021 Western Hills Project parcels (707 acres), in accordance with the terms identified in the Development Agreement. In addition to the parcels identified as a part of the Western Hills Annexation Area, the application for annexation (LAFCo No. A-2022-02) included several privately-owned parcels (±44 acres total) located in between the 2021 Western Hills Project parcels and the County’s jurisdictional boundary, to inform the deliberate and appropriate boundaries and growth 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. 4. An additional 40-acre parcel (APN 003-190-11) directly adjacent (south) to the Western Hills Project and City’s western City limit became available for purchase in 2023, and on May 3, 2023, the City Council approved the City seeking acquisition of the parcel for open space and access opportunities in connection with the Western Hills open space parcels. The additional acreage, in combination with the other components summarized below, constitute the “Revised Project”. The 40 acres were not included in the amended SOI nor the Western Hills Annexation Area identified in the General Plan and associated EIR. However, the 40 acres would be owned by the City at the time of annexation and is within the City’s updated Planning Area, consistent with the intent of Government Code Section 56742.The proposed parcels for annexation would also be contiguous to existing City of Ukiah city limits and the existing Western Hills Annexation Area, and result in a more orderly, contiguous and less peninsular Page 19 of 93 Findings Western Hills Annexation Area Amendment 2 annexation area than the current configuration, in accordance with LAFCo policies and the Government Code Section 65895. 5. In accordance with LAFCo-adopted procedures, and as required under the Development Agreement (2021) and Purchase Agreement (2023) associated with the Western Hills Project (as revised), the City will amend its annexation application (LAFCo No. A-2022-02) that was submitted on June 8, 2022. 6. The Revised Project (2023) includes: Amending the Western Hills Annexation Area to include one 40-acre parcel (APN 003-190-11), resulting in a total acreage of 792 acres; 25 acres of the property would be owned by the City and maintained for open space and municipal purposes and 15 acres would be transferred to the private property owner (Hull) via a Purchase Agreement between the City and Hull for limited residential development potential. 7. As further described in the Staff Report and Draft Addendum, the Revised Project would be consistent with the City’s General Plan, Zoning Code, the County’s Ukiah Valley Area Plan, as well as the Government Code and LAFCo policies related to annexation and prezoning. The 2021 Western Hills Project was determined to be consistent with the General Plan (1995) and zoning code at the time of approval. Further, as described in the Staff Report, annexation of this area was built into the City’s new (2040) General Plan. The proposed 40-acre parcel being included in the Western Hills Annexation Area would result in a more orderly, contiguous and less peninsular annexation area than the current configuration, which is supported by LAFCo policies. 8. The Revised Project is also consistent with General Plan (2040) Goals ENV-1, ENV-4, LU-6, LU-7, LU-8 and LU-9 (and Polices ENV 1.2, LU 6.1, 6.2, 6.3, 7.1, 7.2 and 8.1) which support annexation and orderly development of lands contiguous to the City limits, as well as open space preservation, protection of hillsides and development of all housing types. 9. In accordance with UCC Section §9267, Prezoning, 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. Prezoning does not become effective until after successful approval of the annexation application by LAFCo. 10. The agreements (2021 Development Agreement and 2023 Purchase Agreement) would allow low density residential development on approximately 69 acres of the 792 acres included in the Western Hills Annexation Area. However, the agreements would restrict development to one single family dwelling per parcel and one ADU (except for in cases were the slope exceeds 50 percent, per the City’s Hillside Overlay Ordinance). No development is proposed at this time and this approval does not grant any entitlements. All development would occur in accordance with R1-H zoning, which requires discretionary review (Planning Commission approval) and would be subject to all development regulations (including slope, density, setbacks, height, fire safety and water requirements, access requirements, etc.) contained within the Hillside (-H) Overlay District. 11. Pursuant to Section 15164 of the CEQA Guidelines, an Addendum to the 2021 Western Hills Project ISMND (SCH No: 2021040428) has been prepared by the City of Ukiah Planning Division. Consistent with CEQA Guidelines 15164, none of the conditions described in Section 15162 have occurred and only minor changes are necessary in order to deem the certified MND adequate to describe the impacts of the project. Specifically, the revisions to the analysis from the Revised Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects evaluated in the 2021 MND. The Revised Project is proposing to include additional properties immediately Page 20 of 93 Findings Western Hills Annexation Area Amendment 3 adjacent to the original project within the Western Hills Annexation Area, resulting in the potential for six additional residential units, compared to the 14 potential units analyzed within the Western Hills 2021 MND. As discussed throughout the Addendum, impacts from the Revised Project are equal to, or less than, those described for the original project. The Revised Project would incorporate mitigation measures from the 2021 MND to reduce impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Wildfire. Consistent with the 2021 MND, all impacts, including cumulative impacts, associated with the Revised Project would be less than significant with mitigation incorporated. No new impacts that were not previously discussed in the 2021 MND have been identified. There are no substantial changes proposed that require major revisions of the 2021 MND due to the involvement of new substantial information, identified significant environmental effects, or a substantial increase in the severity of previously identified significant effects. As such, preparation of an Addendum is appropriate. 12. CEQA Guidelines Section 15164 states that an Addendum need not be circulated for public review but can be included in or attached to the certified MND for consideration by the hearing body. 13. Public notice was provided in the following manner, consistent with Ukiah City Code (UCC) §9267 and California Environmental Quality Act (CEQA) Guidelines Section 15164: • Provided to property owners within 300 feet of the project parcels on October 26, 3023; • Published in the Ukiah Daily Journal on October 28, 2023; • Posted on the Project site on October 26, 2023; and • Posted at the Civic Center (glass case) 72 hours prior to the public hearing. Page 21 of 93 Conditions of Approval Western Hills Annexation Area Amendment 1 ATTACHMENT 2 DRAFT CONDITIONS OF APPROVAL FOR TO AMEND THE WESTERN HIILS ANNEXATION AREA, PREZONING, AND TO ADOPT AN ADDENDUM TO THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APPROVED FOR THE UKIAH WESTERN HILLS OPEN LAND ACQUISITION & LIMITED DEVELOPMENT AGREEMENT PROJECT The following Conditions of Approval shall be made a permanent part of the approvals associated with the Western Hills Annexation Area (now totaling 792 acres), associated with the Ukiah Western Hills Open Land Acquisition & Limited development Project. All original Conditions of Approval remain in effect, as applicable. City of Ukiah Special Conditions 1. In accordance with LAFCo-adopted procedures, and as required under the Development Agreement, the City will submit a revised annexation application to the Mendocino County Local Agency Formation (LAFCo), after it acquires title to the Annexation Parcels, and upon City Council approval of the project. 2. An application for annexation and prezoning shall be approved by the Mendocino County Local Agency Formation Commission (LAFCo) prior to the prezoning becoming effective. Prezoning will also require a General Plan Map Amendment and Zoning Map Amendment, upon approval of the annexation application. 3. Upon approval of the annexation application, a copy of the final Lot Line Adjustment shall be provided to the City Engineer for final review before recordation. The final map shall conform to the Subdivision Map Act and Division 9, Chapter 1 of the Ukiah Municipal Code, as applicable. A copy of the recorded Lot Line Adjustment shall be submitted to the Community Development Department prior to submittal of a Use Permit for single family housing within the Development Parcels located within the City’s jurisdiction. 4. In accordance with the terms described in the Development Agreement, Hull shall have the option to withdraw the Hull Development Parcels from the City’s annexation application, if LAFCo has failed to approve the annexation within one (1) year from the date the Executive Officer of LAFCo accepts the application as complete. 5. All mitigation measures within the 2021 Initial Study and Mitigated Negative Declaration prepared for the Project and the 2023 Addendum (SCH No. 2021040428) shall be applied to all future development described therein. The Mitigation Monitoring and Reporting Program is included in Attachment A. 6. This approval does not grant any entitlements. Future residential development of the Development Parcels shall be in accordance with the Hillside Overlay Zoning District regulations contained within UCC Sections 9135-9139. All future development shall require discretionary review and may require additional environmental review. Additional project-specific Conditions of Approval and CEQA analysis may be required upon review by City departments and applicable agencies. 7. Future development of the City-owned parcels shall comply with PF zoning regulations and may require additional dictionary review and analysis under CEQA. 8. All future development shall be in accordance with the terms described within the Purchase Agreement between the City and the private property owner (Hull; D & J Investments), and all easements shall be maintained. Page 22 of 93 Conditions of Approval Western Hills Annexation Area Amendment 2 City of Ukiah Standard Conditions 9. 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. 10. 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. 11. 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. 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. Department of Public Works 13. Future residential development and site improvements shall be reviewed by the Department of Public Works to identify site-specific requirements. 14. Construction projects that would disturb more than one acre of land, would be subject to the requirements of General Construction Activity Stormwater Permit (Construction General Permit Order 2009-0009-DWQ, also known as the CGP), which requires operators of such construction sites to implement stormwater controls and develop a Stormwater Pollution Prevention Plan (SWPPP) identifying specific BMPs to be implemented to reduce the amount of sediment and other pollutants associated with construction sites from being discharged in stormwater runoff. 15. Applicable City water and sewer connection fees shall be paid at the time of building permit issuance. 16. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs. Electric Utility Department 17. Utility easements shall be maintained and any modifications shall be submitted to the COUEUD for approval. 18. Upon individual parcel development, additional easements may be required to provide electric service. 19. Future site improvements shall be submitted to the Electric Utility Department for review and comment. Construction requirements and associated developer costs will be determined to provide electric service. 20. Developer shall incur all costs of project, to include labor, materials, and equipment. Page 23 of 93 Conditions of Approval Western Hills Annexation Area Amendment 3 Building Division 21. All development is required to submit plans and building permit application. Please submit four complete plan sets, two wet stamped and signed. All Conditions of Approval shall be printed on the first page of the Building Plans. 22. The design and construction of all site alterations shall comply with the current California Building Code, Plumbing Code, Electrical Code, California Mechanical Code, California Fire Code, California Energy Code, Title 24 California Energy Efficiency Standards, California Green Building Standards Code and City of Ukiah Ordinances and Amendments. Ukiah Valley Fire Authority 23. All access improvements, roadways and residential development shall be reviewed by the Fire Marshall and adhere to all current local, state and federal fire regulations relating to access and safety, including but not limited to: California Building Code, Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure, including Wildland Urban Interface regulations); California Residential Code, Section R337 (Materials and Construction Methods for Exterior Wildlife Exposure); California Referenced Standards Code, Chapter 12-7A (Fire Resistive Standards); California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3 (Fire Hazard Reduction Around Buildings and Structures); and California Government Code, Section 51182 (Very High Fire Hazard Severity Zones). In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity Zones. These include the following in order to provide defensible space and fire protection for new construction and ensure adequate emergency access: increased property line setbacks for all applicable construction; on-site water storage for fire protection, driveway/roadway types and specifications based on designated usage; all weather driveway/roadway surfaces being engineered for 75,000lb vehicles; maximum slope of 16%; turnout requirements; gate requirements and setbacks, parking standards, fuels reduction regulations, etc. Page 24 of 93 Conditions of Approval Western Hills Annexation Area Amendment 4 ATTACHMENT A UKIAH WESTERN HILLS OPEN LAND & LIMITED DEVELOPMENT AGREEMENT PROJECT MITIGATION MONITORING REPORTING PROGRAM Potential Impact Mitigation Measure Implementation Responsibility Monitoring & Reporting Responsibility Timing Date Implemented Construction and ground disturbing activities could result in short- term impacts to air quality. AQ-1: Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles: 1. Any stationary onsite diesel IC engines 50 horsepower or greater (i.e. large power generators or pumps) or any propane or natural gas engines 250 horsepower or greater may require a permit from the District. 2. Portable diesel powered equipment that may be used during the proposed project are required to be registered with the state Portable Equipment Registration Program (PERP) or obtain permits from the District. 3. Projects located adjacent to sensitive receptors (schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.) during the construction phase of this project have the potential for exposure to diesel particulate. 4. Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is limited to less than 5 minutes. Developer Developer During construction and ground disturbing activities AQ-2: Grading Projects- During Construction-All grading activities must comply with the following fugitive dust mitigation measures in accordance with District Regulation 1, Rule 1-430: 1. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions. Developer Developer During construction and ground disturbing activities Page 25 of 93 Conditions of Approval Western Hills Annexation Area Amendment 5 2. All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of 10 mph. 3. Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed. 4. Asphalt, oil, water, or suitable chemicals shall be applied on materials stockpiles, and other surfaces that can give rise airborne dusts. 5. All earthmoving activities shall cease when sustained winds exceed 15 mph. 6. The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours. 7. The operator shall keep a daily log of activities to control fugitive dust. 8. For projects greater than one acre or one mile of road not located within a Naturally Occurring Asbestos Area, prior to starting any construction the applicant is required to: 1. Submit a Large Area Grading permit application to the District. 2. Obtain a final determination from the Air Quality Management District as to the need for an Asbestos Dust Mitigation Plan and/or Geologic Survey to comply with CCR sections 93106 and 93105 relating to Naturally Occurring Asbestos. 3. Obtain written verification from the District stating that the project is in compliance with State and Local regulations relating to Naturally Occurring Asbestos. 4. If the project is located within a Naturally Occurring Asbestos Area, additional mitigations shall be required. AQ-3: Property Development-Prior to starting any construction, the applicant is required to: a. Obtain a Property Development Permit from the District for any open outdoor burning. Developer Developer Prior to construction Page 26 of 93 Conditions of Approval Western Hills Annexation Area Amendment 6 b. Obtain a Grading Permit, if applicable. c. Confirm whether the project is in a Naturally Occurring Asbestos Area, and follow additional MCAQMD recommendations, if applicable. d. Consider alternate means of disposal other than open burning, such as cutting the majority of the larger material up as firewood, and chipping smaller material, if feasible to mitigate impacts from open outdoor burning. e. Obtain written verification from the MCAQMD stating that the project is in compliance with State and Local regulations. Biological Resources Construction and ground disturbing activities could result in impacts to sensitive plant species and sensitive woodland tree habitat BIO-1: Sensitive Trees. If trees are proposed for removal, preconstruction surveys shall be conducted by a qualified biologist to identify Oregon white oak forest and woodland, as well as California bay forest and woodland habitat; removal of sensitive habitat shall be conducted in accordance with California Department of Fish and Wildlife (CDFW) regulations. Qualified Biologist Developer Prior to ground disturbing activities Construction and ground disturbing activities could impact Red-belly newt, and other special status amphibians and their habitat BIO-2: Sensitive Amphibian Species. A qualified biologist shall survey the area prior to any groundbreaking activities to determine the presence of Red-belly newt, or other sensitive amphibian species, and identify additional avoidance measures, if needed. A qualified biologist shall be on-site for any dewatering event to address the potential for the presence of sensitive amphibian species such as foothill yellow- legged frog (Rana boylii). Qualified Biologist Developer Prior to ground disturbing activities Construction, vegetation removal, and BIO-3: Nesting Birds. Pre-construction surveys shall be conducted prior to any vegetation removal or ground disturbing activities occurring between March Qualified Biologist Developer Prior to vegetation removal or Page 27 of 93 Conditions of Approval Western Hills Annexation Area Amendment 7 ground disturbing activities could impact nesting birds and their habitat 1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for any purpose until all fledglings have left the nest. ground disturbing activities between March 1 and August 31 Construction and ground disturbing activities could impact special- status insects and their habitat BIO-4: Special-Status Insects. A qualified biologist shall survey the area prior to any groundbreaking activities to determine the presence of special-status insect species and identify additional avoidance measures if needed. If a special-status insect nests are observed, active nests shall not be removed, relocated, or otherwise disturbed until the nest becomes inactive. Qualified Biologist Developer Prior to ground disturbing activities Construction and ground disturbing activities could impact special- status mammals and their habitat BIO-5: Special-Status Mammals. Pre-construction surveys shall be conducted prior to any vegetation removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor, grease stained cavities) around trees or structures, pre-construction bat surveys shall be conducted by a qualified biologist for activities that may affect bat roosting habitat and den sites. Qualified Biologist Developer Prior to ground disturbing activities Cultural Resources and Tribal Cultural Resources Ground disturbing activities have the potential for accidental discovery of unknown, undiscovered cultural resources and tribal cultural resources CUL-1: Unanticipated Discovery. If previously unidentified cultural, historic, palentologic or archeologic resources are encountered during project implementation, altering the materials and their stratigraphic context shall be avoided and work shall halt immediately. A qualified professional archaeologist shall be contacted to evaluate the resource and methods necessary to protect it. Project personnel shall not collect, move, or disturb cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, Qualified archaeologist Developer During ground disturbing activities Page 28 of 93 Conditions of Approval Western Hills Annexation Area Amendment 8 mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. Ground disturbing activities have the potential for accidental discovery of unknown Native American remains CUL-2: Encountering Native American Remains. If human remains are encountered during ground disturbing activities, all work shall stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” can be designated and further recommendations regarding treatment of the remains will be provided. Qualified archaeologist Developer During ground disturbing activities Geology and Soils Ground disturbing activities could result in impacts associated with erosion, the loss of topsoil and landslides if not properly designed Incorporation of Mitigation Measure CUL-1 Qualified archaeologist Developer During ground disturbing activities GEO-1: The Project shall comply with the erosion and design standards outlined in Chapter 7 of the Ukiah City Code. Prior to any ground disturbance, erosion and sediment control plans shall be submitted to the Public Works and Community Development Departments for review and approval. Said plans shall protect against soil erosion and runoff through the implementation of appropriate Best Management Practices (BMPs). Typical BMPs include the placement of straw, mulch, seeding, straw wattles, silt Developer Developer Prior to any ground disturbance and throughout construction activities; ongoing as needed to Page 29 of 93 Conditions of Approval Western Hills Annexation Area Amendment 9 fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area. control erosion Hazards and Hazardous Materials Project construction could result in a hazard to the public or the environment if the incidental use of petroleum hydrocarbons (fuel, oil) in tools used during construction were to lead to accidental leaks or spills in or around the work area HAZ-1: The developer shall establish and implement construction site management practices that will prevent toxic materials and other debris from entering the City’s storm drainage and waterway systems, including: a) There shall be no storage of hazardous materials at the Project Site; b) The developer shall provide adequate materials management, including covering, securing, and segregating potentially toxic materials (grease, oils, fuel, solvents, etc.); and c) The developer shall maintain supplies on-hand to contain spills of oil and any other hazardous materials used on-site. Developer Developer During construction Construction of the Project may involve the use of gasoline-powered tools and equipment potentially introducing new temporary sources of ignition that could increase fire risk. HAZ-2: Should portable gasoline-powered equipment be used on site, the following firesafe precautions shall be taken: a) Spark arresters are required on all portable gasoline-powered equipment. b) Equipment shall be maintained in good working condition, with exhaust systems and spark arresters in proper working order and free of carbon buildup. c) Fuel the equipment in a safe place where spills can be contained and a fire extinguisher is nearby. Use the recommended gas/oil mixture and do not top off. Use a funnel or spout for pouring. Wipe off any spills. d) Do not refuel running or hot equipment. Dispense fuel at least 10 feet from sources of ignition. Developer Developer During construction Page 30 of 93 Conditions of Approval Western Hills Annexation Area Amendment 10 e) Do not use equipment in areas of dry vegetation. Keep leaves and dry materials away from a hot muffler. f) No smoking or open flame allowed near gasoline- powered equipment. Hydrology and Water Quality Ground disturbing activities and construction of the project would result in impervious surfaces that could impact water quality Implementation of Mitigation Measures GEO-1 and HAZ-1 Developer Developer Prior to and during construction; ongoing as needed to control erosion Noise Ground disturbing activities and construction of the project would result in temporary noise impacts NOI-1: Prior to building permit or grading permit issuance, the developer shall comply with the following: a. Construction contracts shall specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state-required noise attenuation devices. b. Construction haul routes shall be designed to avoid or lessen impacts to noise-sensitive uses (e.g., residences, schools, convalescent homes), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Per the City’s Noise Ordinance, construction shall not take place outside of the hours of 7:00 a.m. to 7:00 p.m. Developer Developer Prior to issuance of building or grading permits, and during construction Page 31 of 93 Conditions of Approval Western Hills Annexation Area Amendment 11 Utilities and Service Systems City sewer, water and electric utilities would be extended to the area which could result in physical impacts to the environment Implementation of BIO-1 through BIO-5, and GEO-1. See BIO-1 through BIO-5 and GEO-1 See BIO-1 through BIO-5 and GEO-1 See BIO-1 through BIO-5 and GEO-1 Wildfire Construction of the Project may involve the use of gasoline-powered equipment and machinery, potentially introducing new sources of ignition that could increase fire risk Implementation of Mitigation Measure HAZ-2 Developer Developer During construction Page 32 of 93 City of Ukiah 157-080-05 GASKIN JOHN THOMPSON & JEN157-050-04D&J INVESTMENTSLLC157-060-02D&J INVESTMENTSLLC157-060-04 GRAVES STEPHEN G & MARIA 157-060-03 CITY OF UKIAH 157-080-04 DIVIJATI 003-190-14 157-050-01 BENGSTON TTEE DAVID A 157-130-01 STUTSMAN JERRY S 1/3 156-230-03 WILDBERGER BONNIE L TTEE 1 157-110-07 STUTSMAN JERRY S 1/3 157-080-03 BROOKE CLAUDE L 1/7157-040-16CARON GAETAN157-040-13 NUI RISING MOON TRUST 157-060-01 NUI RISING MOON TRUST 001-040-90CEJA ISMAEL 156-220-04 WILDBERGER BONNIE L TTEE 1 157-030-03 HULL DAVIDJ 157-150-05 GUILFOYLE DEAN TTEE 157-140-11 MINOR MATTHEW ISSAC & TALI 157-150-01 BROOKE CLAUDE L & JANICE E 157-150-07 GARZINI RICK L TTEE157-030-02D&JINVESTMENTS LLC157-150-06HUFFMAN RANDYW & KIMBERLY157-070-05 D & J INVESTMENTS LLC 157-050-03 CITY OF UKIAH157-030-04GALTIERICESARE A TTEE157-130-07 WALLS CHRISTOPHER E & MELI 003-200-04 BROOKE CLAUDE L 1/7 157-050-09 D&J INVESTMENTS LLC 003-200-16 WRIGHT JOAN L 2/3 157-050-02 D&J INVESTMENTS LLC 157-050-08 GRAVES STEPHEN G & MARIA 157-070-03 GRAVES STEPHEN G & MARIA156-250-02CASTRO FRANCISCO& REBECCA157-160-03 MORENO JESUS & JUANITA I 157-130-04 KAEHLER ROGER L & AGNES E 157-070-04 ELLISON JIMMY 003-190-11 D&J INVST HULL 157-160-12 MINOR MATTHEW ISSAC & TALI 157-160-06 SANDERS JERRY 1/2 156-240-13 CITY OF UKIAH THE 001-040-02CAVALIN GREGORYG & LISA001-040-01 NIX JAMES R & ANNE M TTEES 001-041-01 WERRA ROBERT J & MARLENE T 001-040-83 HULL DAVID J TTEE 157-050-11 D&J INVESTMENTS LLC 156-250-01 WILDBERGER BONNIE L TTEE 1 156-240-01 WILDBERGER BONNIE L TTEE 1 003-190-08CITY OF UKIAH001-040-82 HUFF GRAYDEN DRAY 1/2 003-190-13D&J INVESTMENTS LLC μ 1:18,000 01,400700Feet 00.250.125 Miles MENDOCINO COUNTY PLANNING DEPARTMENT- 6/3/2022City Limits ľ ľ ľ ľ ľ ľľ 2021 Western Hills Annexation parcels "Clean up parcels" added during City's General Plan Update Additional parcel proposed for inclusion (Revised Project, 2023) Ukiah Western Hills Annexation Area Map 157-050-04TSD&J INVESTMENTLLC157-060-02D&J INVESTMENTSLLC157-060-03 CITY OF UKIAHUKIAH 003-190-14 157-050-01 BENGSTON TTEE DAVID A 157 030 03157-030-03 HULL DAVIDJ157-030-02D&JINVESTMENTS LLC157-070-05 D & J INVESTMENTS LLC 157-050-03 CITY OF UKIAH 157-050-09 D&J INVESTMENTS LLC 157-050-02 D&J INVESTMENTS LLC 001-040-83 HULL DAVID J TTEE 157-050-11 D&J INVESTMENTS LLC 003-190-13D&J INVESTMENTSVV LLC ľľľ ľľľ 001-041-01 WERRA ROBERT J & MARLENE T ľľ ľľ ľľ ľľľľľľľ ľľľ003-190-11 D&J INVST HULL ATTACHMENT 3 Page 33 of 93 City of Ukiah 157-060-02157-060-03 003-190-17 157-050-15 001-420-40157-030-03 157-030-02157-070-05 157-050-03 157-050-18157-050-16 003-190-09003-190-11 001-041-01001-040-83 003-110-90003-190-13003-190-12001-040-81 157-050-13 0 0 1 -0 4 1 -0 2 001-041-04 001-041-07003-190-16157-050-14Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community C A SE :OW N E R :A P N :A P LC T:A G E N T :A D D R E S S : µA N X 2 0 2 1-0 0 0 1VariousVariousCity o f U k i a hCity o f U k i a hWestern H i l l s 1:18,000 0 1,400700 Feet 0 0.250.125 Miles MENDOCINO COUNTY PLANNING DEPARTMENT- 5/25/2023A E R I A L I M A G E RY City Limits Page 34 of 93 IR+r-lt6.!L,o.E J rr*E;IgE H rH.H{n*i '.1 H 6Es nIE E;; I IIHo1Jaob\!trxI'i :"3;:l--I----'ti!q*,tHL: Id '.5 Re8Rq<i!: "r g:E qoEEU.qP&**Ep{ EN8a_2 I I ---------l L-__-_----- 3IDE srE$e o.e'U IrE63E 'iS:S ; ;!$*s r:Fq ; $ x;g$ est s : .i s n a) Eo E L E -,8E $T *N;N oNai= +8Ei_ :Bs*t$qi (rL iN.r& 9P R=H 'o- qi= '+,$i $ d F =^e 0- 3 :EEN $E.ITN:o. !p< N q_ q- r) s\ 3J 3 FljE P=d q. a)-s q- ro\ sfiI h iN:& P=a =& E .,i B :$ 3I,. xdd r (E |lrl.q. sP o-q 3 q*'lr hiNB[, P=3 d I i Page 35 of 93 Page 36 of 93 1 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah CALIFORNIA ENVIRONMENTAL QUALITY ACT DRAFT ADDENDUM TO INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR UKIAH WESTERN HILLS OPEN LAND ACQUISITION AND LIMITED DEVELOPMENT AGREEMENT PROJECT Draft Prepared on October 31, 2023 Adopted by the Ukiah City Council on XXX SCH No: 2021040428 Prepared by: City of Ukiah Community Development Department Planning Division 300 Seminary Avenue, Ukiah, CA 95482 ATTACHMENT 4 Page 37 of 93 2 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Table of Contents I. INTRODUCTION 3 1.Purpose of this Document 3 2.CEQA Requirements 3 II.BACKGROUND 4 1.Location 4 2.Background and Previous Approvals 4 III.PROJECT DESCRIPTION 6 1.Western Hills Project Description (2021)6 2.Revised Project Description (2023)6 IV.EVALUATION OF ENVIRONMENTAL IMPACTS 9 1.Environmental Setting 9 2.Previously Disclosed Impacts 9 3.Summary of Impacts 10 A.Aesthetics 10 B.Agriculture and Forestry Resources 11 C.Air Quality 12 D.Biological Resources 13 E.Cultural Resources 15 F. Energy 16 G.Geology and Soils 17 H.Greenhouse Gas Emissions 18 I.Hazards and Hazardous Materials 19 J.Hydrology and Water Quality 21 K.Land Use and Planning 22 L.Mineral Resources 24 M.Noise 24 N.Population and Housing 25 O.Public Services 26 P.Recreation 26 Q.Transportation 27 R.Tribal Cultural Resources 28 S.Utilities and Service Systems 29 T.Wildfire 30 4.Mandatory Findings of Significance 31 ATTACHMENTS A.Western Hills Annexation Area Map and General Plan (2040) Land Use Map B.Existing Configuration of Parcels C.Proposed Configuration of Parcels and Prezoning Map D.Mitigation Monitoring Reporting Program E.2021 MND Approval Documents and CEQA Notice of Determination Page 38 of 93 3 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah I. INTRODUCTION 1.Purpose of this Document The purpose of this document is to formalize and analyze proposed changes to the previously approved (2021) Western Hills Annexation Area associated with the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Project (“2021 Western Hills Project”) and the Initial Study and Mitigated Negative Declaration (2021 MND), in compliance with the California Environmental Quality Act (CEQA). 2.CEQA Requirements 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. Consistent with CEQA Guidelines 15164, the following discussion demonstrates that none of the conditions described in Section 15162 have occurred and that only minor technical changes are necessary in order to deem the certified MND adequate to describe the impacts of the project. CEQA Guidelines Section 15164 also states that an Addendum need not be circulated for public review but can be included in or attached to the certified MND for consideration by the hearing body. The following addresses each of the criteria contained in Section 15162 of the CEQA Guidelines in regard to the project. a)No Substantial Project Changes. There are no substantial changes proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. b)No Substantial Change in Circumstances. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. c)No New Information of Substantial Importance. There is no new information of substantial importance, which was not known or could not have been known with the exercise of reasonable diligence at the time the previous MND was certified as complete, which shows any of the following: the project will have one or more significant effects not discussed in the previous MND; significant effects previously examined will be substantially more severe than shown in the previous MND; mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or mitigation measures or alternatives which are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. None of the conditions identified in CEQA Guidelines Section 15162(a) would occur with implementation of the Revised Project because: Page 39 of 93 4 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah a)The revisions to the Revised Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects evaluated in the 2021 MND. The Revised Project is proposing to include additional properties immediately adjacent to the original project within the Western Hills Annexation Area, resulting in the potential for six additional residential units, compared to the 14 potential units analyzed within the Western Hills 2021 MND. As discussed throughout this Initial Study, impacts from the Revised Project are equal to, or less than, those described for the original project. The Revised Project will incorporate 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. b)No changes have occurred as a result of the Revised Project which require major revisions of the 2021 MND. The Revised Project would not result in any new significant environmental impacts or substantial increase in the severity of previously identified significant impacts (refer to the Environmental Analysis section for details regarding the impacts associated with the Revised Project). c)Although some circumstances surrounding the Revised Project have changed from those described in the 2021 MND, the analysis for the Revised Project demonstrates that the changes are not substantially different from those described in the 2021 MND. Additionally, there is no information available that indicates that the Revised Project would result in a substantial increase in the severity of previously identified impacts. II.BACKGROUND 1.Location The Western Hills Annexation Area parcels (now totaling ±792 acres), are located within unincorporated Mendocino County within the Ukiah Western Hills, just west of the Ukiah city limits. A Figure of the Annexation Area is included in Attachment A. 2.Background and Previous Approvals The City has a vision, and is working towards a goal, of promoting the protection of Ukiah’s western urban interface to restore and conserve forest and stream ecosystems, provide large- scale wildfire mitigation and to protect the Upper Russian River Watershed to benefit fish, wildlife, scenic resources, and the greater Ukiah community. Over the last several years, the City has been acquiring lands immediately adjacent to the western City limits, known as the “Western Hills” with the purpose of annexing such lands into the City limits for preservation and public purposes. Specifically, the City is proposing to annex ±792 acres known as the “Western Hills Annexation Area”, as amended, which comprises both City-owned and privately-owned property (See Project Description Section below for more information). Below includes a summary of actions associated with the Western Hills Annexation Area to date. •At the August 25, 2021, regular meeting, the Planning Commission considered approval of the Western Hills Open Land Acquisition and Limited Development Agreement Project (2021 Western Hills Project), associated prezoning and Initial Study and Mitigated Negative Declaration (ISMND; State Clearinghouse No. 2021040428), and recommended approval for these actions to the City Council. The Western Hills Project included Page 40 of 93 5 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah acquisition and annexation of ±707 acres for open space, public purposes, and the potential for limited residential development. •On September 15, 2021, the City Council introduced Ordinance No. 1217, approving the Western Hills Project, associated prezoning and ISMND. Ordinance No. 1217 is included in Attachment E and the ISMND can be found online at: https://cityofukiah.com/ceqa- review/. •On June 8, 2022, the City of Ukiah submitted an application for annexation to the Mendocino County Local Agency Formation Commission (LAFCo) for annexation of the Western Hills Project parcels, in accordance with the terms identified in the Development Agreement. In addition to the parcels identified as a part of the Western Hills Annexation Area, the application for annexation included several privately-owned parcels (±44 acres total) located in between the 2021 Western Hills Project parcels and the County’s jurisdictional boundary, to inform the deliberate and appropriate boundaries and growth 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. •On June 29, 2022, the City received correspondence from LAFCo determining that the application (LAFCo No. A-2022-02) had been reviewed and deemed incomplete based on several items, such as a Tax Share Agreement, Residential Entitlement matrix form, Property Owner letters of approval, a Statement of Fair Share Housing Needs and Timely Availability of Water, along with a few other ministerial items, the City noted as to be pending and forthcoming in the June 8, 2022 application for annexation. •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 (see EIR Section 2.2.7). The 44 acres of privately owned parcels intended to rectify jurisdictional issues were included in the Western Hills Annexation Area within the General Plan and EIR. The General Plan and EIR can be found online at https://ukiah2040.com/. •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 (2021) identified within the General Plan. •An additional 40-acre parcel (APN 003-190-11) directly adjacent (south) to the Western Hills Project and City’s western City limit became available for purchase in 2023, and on May 3, 2023, the City Council approved the City seeking acquisition of the parcel for open space and access opportunities in connection with the Western Hills open space parcels. This parcel is proposed for inclusion in the Western Hills Annexation Area, as described below. Page 41 of 93 6 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah III. PROJECT DESCRIPTION 1. Western Hills Project Description (2021) The original (2021) Western Hills Project included the following. • Acquisition, annexation and prezoning of ±707 acres, including: o ±640 acres preserved for open space conservation and public uses. These parcels were prezoned Public Facilities (“PF”). o ±54 acres included in a Limited Development Agreement between the City and the private property owner (Hull; D&J Investments, LLC.) to allow for residential development (14 units total) through the creation of seven “Development Parcels” (via a series of sequential Lot Line Adjustments) beginning at the terminus of Redwood Avenue. These parcels are prezoned Single-Family Residential-Hillside Overlay (R1-H). o ±14 acres of privately owned property included in the Limited Development Agreement for access to the open space parcels. These parcels were prezoned R1-H. • Road improvements to Redwood Avenue, as well as water/sewer utility extensions within Redwood Avenue, and construction of a water tank. 2. Revised Project Description (2023) Since approval of the 2021 Western Hills Project, 84 acres have been added to the Western Hills Annexation Area, as described below. The additional acreage, in combination with the other components outlined below, constitute the “Revised Project”. • ±44 acres of privately-owned property (comprising 9 legal parcels) were added to the Western Hills Annexation Area to address existing LAFCo policies and known mapping errors, and to avoid the formation of an unincorporated island. These parcels were not included in the original 2021 Western Hills Project but were included in the preliminary application submitted to LAFCo. Additionally, they were identified as a part of the Western Hills Annexation Area in the 2040 General Plan and included in the Environmental Impact Report analysis (see Environmental Review Section below for more information). These parcels are proposed for R1-H prezoning for consistency with existing and adjacent development but would remain under private ownership and are not included in the Development Agreement (2021) or Purchase Agreement (2023). • ±40 acres of privately-owned property being pursued for acquisition by the City for open space and access opportunities. The parcel is proposed for inclusion in the Western Hills Annexation Area. A Purchase Agreement for the 40 acres would allow the private property owner (Hull) to retain the right to keep 15 acres for development of three (3) parcels, as further described below. The aforementioned 15 acres is proposed for R1-H prezoning, and the remaining 25 acres (that would be owned by the City) would be prezoned PF for open space. The 40-acre parcel is currently not located within the City’s SOI but is within the Planning Area identified in the General Plan. The parcel would be owned by the City at the time of annexation. The 15 acres would be transferred to Hull after annexation is complete. • The Purchase Agreement to include APN 003-190-11. The Purchase Agreement would allow Hull to retain one +/- 15-acre parcel (via a Lot Line Adjustment) after annexation. Hull would be able to retain the right to create and develop three parcels with one single family home and one accessory dwelling unit (six total possible units), in accordance with R1-H zoning regulations. Similar to the Western Hills Project (2021), the Revised Project, including the new Page 42 of 93 7 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Purchase Agreement, allows for limited development, but does not include specific development designs or proposals, nor does it grant any entitlements for development. The parcels would be created within the eastern portion of the existing 40-acre parcel, but the location of the potential residential units is not known at this time. The Purchase Agreement will also specify the following: o City will release public access on private drive from Redwood Ave (current DA says the City maintains access until alternate access established). o Hull retains water rights from Ellison well with access and utility easement for use in enhancing fire protection activities on the three development parcels and potentially for potable water to the development sites. o Hull grants City additional trail easements to San Jacinta (south side) as the City originally retained the right to only one trail easement and would like to retain the option for additional trail location depending on future design work. o Project does not include road or utility improvements, access to the parcels is established off of a private drive at the end of Redwood Avenue. There is no associated water, sewer or electric utility component to this project. After the three development parcels are established any utility infrastructure work would be evaluated in concert with the appropriate site development permits and serving entities. Figures of the Western Hills Annexation Area is included in Attachment A, a figure showing the existing and proposed conditions for the 15 acres associated with the Purchase Agreement is included in Attachment B, and a Prezoning Figure is included in Attachment C. Page 43 of 93 8 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Table 1, Western Hills Annexation Area Parcels (as revised) Assessor Parcel Number Property Owner Situs Address Size (acres) 2021 Western Hills Project Parcels 157‐030‐02 City of Ukiah None assigned 20.00 157‐030‐03 City of Ukiah None assigned 60.00 157‐050‐14 City of Ukiah None assigned 20.17 157‐050‐15 City of Ukiah None assigned 40.43 157‐050‐16 Dave Hull; D & J Investments, LLC. None assigned 40.25 157‐050‐18 City of Ukiah None assigned 60.00 157‐070‐05 City of Ukiah None assigned 76.20 003‐190‐17 Dave Hull; D & J Investments, LLC. None assigned 18.30 003‐190‐16 Dave Hull; D & J Investments, LLC. None assigned 0.29 003‐190‐15 Dave Hull; D & J Investments, LLC. None assigned 5.00 003‐190‐13 Dave Hull; D & J Investments, LLC. None assigned 9.08 003‐110‐90 Adonis & Sarah Noguera 620 Redwood Ave. 4.14 003‐190‐09 Adonis & Sarah Noguera 620 Redwood Ave. 10.20 100‐040‐83 Dave Hull; D & J Investments, LLC. None assigned 77.60 157‐050‐03 City of Ukiah None assigned 60.05 157‐050‐13 City of Ukiah None assigned 59.71 157‐060‐02 City of Ukiah None assigned 18.66 157‐060‐03 City of Ukiah None assigned 128.52 Privately-Owned Parcels Added to the Western Hills Annexation Area in the 2040 General Plan 001‐420‐40 Robert R Beltrami 145 Mendocino Place 1.49 001‐041‐02 Grayden Huff 500 Lookout Dr. 1.33 001‐041‐03 Amanda Reiman 4 Lookout Dr. 0.66 001‐041‐04 Amanda Reiman 3 Lookout Dr. 0.48 001‐041‐05 Robert Werra 2 Lookout Dr. 1.13 001‐041‐06 Robert Werra 415 Hillview Ave. 0.74 001‐041‐07 Robert Werra 415 Hillview Ave. 0.38 001‐040‐81 William Edwards 335 Janix Dr. 2.40 001‐041‐01 Robert Werra None assigned 35.50 Additional Parcels Proposed for Inclusion 003‐190‐11 Dave Hull (25 acres to be acquired by City) None assigned 40 TOTAL ACREAGE 792.71 Page 44 of 93 9 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah IV. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Environmental Setting The Western Hills Annexation Area is located within the Ukiah Valley, west of the City of Ukiah, in central Mendocino County, with elevations varying from approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding the city, including the Western Hills. The Ukiah valley is located approximately 30 miles east and inland from the Pacific Ocean. It runs north-south for approximately nine miles, with a maximum width of three miles. The Russian River enters the valley at the north end and runs south along the valley floor. Ukiah is located along the Highway 101 corridor and near the east/west intersection of Highway 20, two hours north of the Golden Gate Bridge. The majority of the area is undeveloped with access roads and fire breaks. However, the 44 acres of private property north of the original 2021 Western Hills Project are developed with single- family homes and/or undeveloped. The additional 40 acres proposed for inclusion in the Western Hills Annexation Area (Revised Project) is largely undeveloped and is bisected by a 1,000-foot unpaved road accessed from Redwood Avenue. The access road width ranges from 16-to-20- feet wide and has been improved with gravel and compaction. The road climbs to a levelled one- acre abandoned cannabis cultivation site before continuing uphill and off the project site. Remnants of the cultivation site include old fencing with concrete footings, PVC irrigation pipes, pots, tubs, planting containers, a water tank, and pallets. Soils in the area are characterized as both Hopland, which consists of very deep, well drained soils formed in colluvium and residuum weathered from sandstone or shale on steep hills and slopes, and Maymen soils that are shallow, somewhat excessively drained soils that formed in residuum weathered from shale, schist, greenstone, sandstone and conglomerate. These soils have a shallow depth to bedrock. Class II and Class III watercourses exist along the steeper portions of the area. Vegetation in the Western Hills Annexation Area includes native and nonnative annual and perennial grasses, with dense chaparral and mixed hardwood forest throughout. Native trees in the area primarily consist of California bay laurel (Umbellularia californica) and California black oak (Quercus kelloggii). Undergrowth consists largely of poison oak (Toxicodendron diversilobum) and Western bracken fern (Pteridium aquilinium). The terrain is very rugged and steep (greater than 50% slope in many areas). Intrusions of non-native, invasive French Broom and other species are also present throughout the area. 2. Previously Disclosed Impacts 2021 MND: The analysis within the Mitigated Negative Declaration previously approved for the Western Hills Project (referred to herein as the “2021 Western Hills Project” and “2021 MND”) included the following: 1) Acquisition and annexation of the parcels; 2) Prezoning the parcels to PF and R1-H (and associated Zoning Map and General Plan Map Amendments upon approval of the annexation application); 3) Sequential Lot Line Adjustments to reconfigure the existing parcels into seven lots (“Development Parcels”) for future potential development; 4) Development Page 45 of 93 10 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Agreement between Hull Properties and the City allowing up to one single-family home and one accessory dwelling unit on each Development Parcel (14 units total); and 5) site improvements including extension of utilities, road improvements, and construction of the water tanks. As described throughout the Initial Study, construction and ground disturbing activities associated with these components could result in direct significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Utilities and Service Systems, and Wildfire. However, mitigation measures identified within the aforementioned sections would reduce impacts to less than significant. Mitigation measures identified within the Initial Study and Mitigated Negative Declaration related to ground disturbing activities and construction for road and utility improvements, as well as residential development, will be included in the Development Agreement and Conditions of Approval to ensure that they are implemented accordingly. A Mitigation Monitoring and Reporting Program is provided in Section VII of the Initial Study. All future residential development would be analyzed on a project level basis for consistency with land use policies; and would be subject to discretionary and environmental review of their individual and cumulative environmental impacts, as applicable (with the exception of by-right development). Based upon the analysis contained within the 2021 MND, all potential impacts resulting from the 2021 Western Hills Project would be less than significant with incorporation of mitigation. 2040 General Plan EIR: The City’s 2040 General Plan and Environmental Impact Report (EIR) were adopted by City Council in December, 2022, and analyzed the type and amount of development that can occur throughout the City through the planning horizon year of 2040 (over approximately 18 years). As part of the 2040 General Plan, the City identified three potential separate annexation areas currently located in the County of Mendocino’s jurisdictional boundaries, totaling approximately 1,617 acres. The Western Hills Annexation Area was identified as “Annexation Area C” and included the original 707 acres associated with the 2021 Western Hills Project, as well as the 44 acres of “clean up” parcels added after approval of the 2021 Western Hills Project. The EIR analyzed annexation of this area, as well as the associated prezoning, and adoption of the new Sphere of Influence and Planning Area. Because the addition of the 44 acres was analyzed within the EIR and no change to those parcels are proposed as a part of the Revised Project, further analysis of these parcels is not required, and not included within this Addendum. However, the EIR is referenced in certain sections of the below analysis, as appropriate. 3. Summary of Impacts A. Aesthetics Summary of Aesthetics Impacts from the Western Hills Project 2021 MND 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. However, the Western Hills, including the Project site are considered a local scenic vista. Approximately 640 acres would remain open space, while 54 acres would be potentially developed with up to 14 units (one single-family dwelling and one ADU per lot). Although the Project does not include specific development proposals for construction of the homes, the Development Agreement allows the potential for the homes to be built at some point in the future. However, all future development would be subject to discretionary and environmental review and be required to comply with City regulations for height, setbacks, and other development standards established to protect natural features and scenic resources within the Western Hills. Page 46 of 93 11 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Sewer and electric utilities would be extended from Redwood Avenue to the house sites but would be located underground within the existing roadway to avoid visual impacts. The two proposed water tanks (34 ft x 34 ft, 10.5 ft high) would be colored a shade of green to blend in with the landscape. The water tank site has already been cleared of vegetation and is surrounded by trees, making it less visible to the public. Due to the location and topography of the site, and distance from public views, such as those in adjacent residential areas or views from the valley floor, the proposed water tank would not significantly impact scenic resources on the site or in the area. For the aforementioned reasons, the Project would not result in a significant impact to scenic vistas, nor the visual character of the site or area. Impacts would be less than significant. 2021 MND Mitigation Measures: None. Summary of Aesthetics Impacts from the Revised Project Impacts to Aesthetics associated with the revised Project would be consistent, if not less than, those disclosed within the 2021 MND. Specifically, the 40-acres proposed for inclusion in the Western Hills Annexation Area contains similar terrain, vegetation and scenic quality as the parcels previously analyzed. While the Revised Project does not include road and/or utility improvements, which would result in less impacts described within the 2021 MND associated with groundwork, grading, and vegetation removal associated with those components, the Purchase Agreement would allow for potential development of up to six additional units within a 15-acre area, in accordance with the R1H zoning regulations. Similar to the analysis contained within the 2021 MND, the exact location of the potential development parcels and residential units is unknown at this time. However, all future development would be subject to discretionary and environmental review and be required to comply with City regulations for height, setbacks, and other development standards established to protect natural features and scenic resources within the Western Hills. For the aforementioned reasons, consistent with the 2021 MND, the Revised Project would not result in a significant impact to scenic vistas, nor the visual character of the site or area. Impacts would be less than significant. B. Agriculture and Forestry Resources Summary of Agriculture and Forestry Impacts from the Western Hills Project 2021 MND According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the Project area does not contain Unique Farmland, or Farmland of Statewide Importance. However, the site is designated as Grazing Land, which is defined as land on which the existing vegetation is suited to the grazing of livestock but has not been used for grazing. There are no agricultural uses or Williamson Act contracts on- site or in the immediate vicinity. 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. Therefore, impacts to agricultural resources would be less than significant. 2021 MND Mitigation Measures: None. Summary of Agriculture and Forestry Impacts from the Revised Project Consistent with the analysis contained within the 2021 MND, the 40-acre parcel proposed for inclusion in the Western Hills Annexation Area is designated as Grazing Land by the California Department of Conservation Farmland Mapping & Monitoring Program, and there are no agricultural uses or Williamson Act contracts on-site or in the immediate vicinity. Consistent with the analysis in the 2021 MND, Revised Project would not convert Farmland, conflict with existing Page 47 of 93 12 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah 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. Therefore, impacts to agricultural resources would be less than significant. C. Air Quality Summary of Air Quality Impacts from the Western Hills Project 2021 MND Improvement of roadways, installation of utilities, and construction of the water tanks, as well as future potential construction of single-family homes could result in impacts to air quality. Short- term construction related impacts (emissions and dust) would result from grading, vegetation removal, trenching, paving, operation of construction equipment, and vehicle trips associated with construction workers. However, with incorporation of Mendocino County Air Quality Management District (MCAQMD) Best Management Practices identified in Mitigation Measures AQ-1 through AQ-3, impacts would be less than significant. Long-term air quality impacts associated with single-family residential development is typically minimal and generally associated with vehicle trips, wood burning stoves, landscape and maintenance activities, etc. However, existing building codes requiring energy efficient and low emitting equipment and features for new residential development (see Section 6, Energy, Section 8, Greenhouse Gas Emission, and Section 17, Transportation of the Initial Study for more information). With adherence to the aforementioned regulations, and others intended to reduce emissions and impacts to air quality, impacts from operation of the Project would be less than significant. 2021 MND Mitigation Measures: AQ-1: Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles: a. Any stationary onsite diesel IC engines 50 horsepower or greater (i.e. large power generators or pumps) or any propane or natural gas engines 250 horsepower or greater may require a permit from the District. b. Portable diesel powered equipment that may be used during the proposed project are required to be registered with the state Portable Equipment Registration Program (PERP) or obtain permits from the District. c. Projects located adjacent to sensitive receptors (schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.) during the construction phase of this project have the potential for exposure to diesel particulate. d. Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is limited to less than 5 minutes. AQ-2: Grading Projects- During Construction-All grading activities must comply with the following fugitive dust mitigation measures in accordance with District Regulation 1, Rule 1- 430: a. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions. b. All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of 10 mph. c. Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed. d. Asphalt, oil, water, or suitable chemicals shall be applied on materials stockpiles, and other surfaces that can give rise airborne dusts. e. All earthmoving activities shall cease when sustained winds exceed 15 mph. Page 48 of 93 13 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah f. The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours. g. The operator shall keep a daily log of activities to control fugitive dust. h. For projects greater than one acre or one mile of road not located within a Naturally Occurring Asbestos Area, prior to starting any construction the applicant is required to: 1. Submit a Large Area Grading permit application to the District. 2. Obtain a final determination from the Air Quality Management District as to the need for an Asbestos Dust Mitigation Plan and/or Geologic Survey to comply with CCR sections 93106 and 93105 relating to Naturally Occurring Asbestos. 3. Obtain written verification from the District stating that the project is in compliance with State and Local regulations relating to Naturally Occurring Asbestos. 4. If the project is located within a Naturally Occurring Asbestos Area, additional mitigations shall be required. AQ-3: Property Development-Prior to starting any construction, the applicant is required to: a. Obtain a Property Development Permit from the District for any open outdoor burning. b. Obtain a Grading Permit, if applicable. c. Confirm whether the project is in a Naturally Occurring Asbestos Area, and follow additional MCAQMD recommendations, if applicable. d. Consider alternate means of disposal other than open burning, such as cutting the majority of the larger material up as firewood, and chipping smaller material, if feasible to mitigate impacts from open outdoor burning. e. Obtain written verification from the MCAQMD stating that the project is in compliance with State and Local regulations. Summary of Air Quality Impacts from the Revised Project Impacts associated with the Revised Project, and specifically potential future residential development of six units, would be the same as described within the 2021 MND and future development would adhere to Mendocino County Air Quality Management District (MCAQMD) Best Management Practices identified in Mitigation Measures AQ-1 through AQ-3, and relevant energy efficiency building codes, impacts would be less than significant. D. Biological Resources Summary of Biological Resources Impacts from the Western Hills Project 2021 MND According to the Biological Assessment Report (BRA) was prepared for the Project by Jacobszoon & Associates, Inc. (2021, updated 2022) for the Project, based on existing vegetation and known habitat range, seventeen (17) special-status plant species and thirteen (13) special- status wildlife species have a moderate or high potential to occur within the study area (identified as 55 acres for potential development, and 100 ft radius around the access road and fire breaks). However, during the field survey, none were observed on-site. Because no special status plant species were observed during the field survey, the Project is not anticipated to result in significant impacts to them. However, this does not preclude the possibility of wildlife species being present at the time of construction or being impacted from vegetation removal, grading, and other ground disturbing activities for utility extension, road improvements, water tank construction, and future residential development. In addition, two sensitive woodland tree habitats were identified in the Project Area. As such, construction, vegetation removal, and ground disturbing activities could Page 49 of 93 14 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah result in impacts to nesting birds, special status insects, woodland habitat, and mammals. However, Mitigation Measures BIO-1 through BIO-5 would reduce impacts to less than significant. There are no established native resident or migratory wildlife corridors, or native wildlife nursery sites within the Project area, and no adopted Habitat Conservation Plans for the City of Ukiah, nor the larger Ukiah Valley that apply to the site. The Study Area contains two (2) Class II watercourses and four (4) Class III watercourses that were observed and mapped on-site (in the northernmost parcels). However, this area would be avoided, and no development is proposed within proximity of the watercourses. No wetlands were observed within or immediately adjacent to the study area. The study area also does not contain any special-status fish species or fish bearing watercourses or waterbodies. If future work in or adjacent to any of the other watercourses are proposed, the Developer is required to obtain necessary regulatory permits from the California Department of Fish and Wildlife and the Regional Water Quality Control Board, as necessary. Impacts to sensitive aquatic resources would be less than significant. 2021 MND Mitigation Measures: BIO-1: Sensitive Trees. If trees are proposed for removal, preconstruction surveys shall be conducted by a qualified biologist to identify Oregon white oak forest and woodland, as well as California bay forest and woodland habitat; removal of sensitive habitat shall be conducted in accordance with California Department of Fish and Wildlife (CDFW) regulations. BIO-2: Sensitive Amphibian Species. A qualified biologist shall survey the area prior to any groundbreaking activities to determine the presence of Red-belly newt, or other sensitive amphibian species, and identify additional avoidance measures, if needed. A qualified biologist shall be on-site for any dewatering event to address the potential for the presence of sensitive amphibian species such as foothill yellow-legged frog (Rana boylii). BIO-3: Nesting Birds. Pre-construction surveys shall be conducted prior to any vegetation removal or ground disturbing activities occurring between March 1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for any purpose until all fledglings have left the nest. BIO-4: Special-Status Insects. A qualified biologist shall survey the area prior to any groundbreaking activities to determine the presence of special-status insect species and identify additional avoidance measures if needed. If a special-status insect nests are observed, active nests shall not be removed, relocated, or otherwise disturbed until the nest becomes inactive. BIO-5: Special-Status Mammals. Pre-construction surveys shall be conducted prior to any vegetation removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor, grease stained cavities) around trees or structures, pre-construction bat surveys shall be conducted by a qualified biologist for activities that may affect bat roosting habitat and den sites. Summary of Biological Resources Impacts from the Revised Project The additional 40 acres proposed for inclusion in the Western Hills Annexation Area (Revised Project) is largely undeveloped and is bisected by a 1,000-foot unpaved road accessed from Redwood Avenue. The access road width ranges from 16-to-20-feet wide and has been improved with gravel and compaction. The road climbs to a levelled one-acre abandoned cannabis cultivation site before continuing uphill and off the project site. Remnants of the cultivation site Page 50 of 93 15 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah include old fencing with concrete footings, PVC irrigation pipes, pots, tubs, planting containers, a water tank, and pallets. Vegetation on the Project site is varied across east, south, and north facing slopes. South facing slopes include native and nonnative annual and perennial grasses, brush (chamise) and Oak woodland. East facing slopes include mixed hardwood forest and Black Oak Woodland. Undergrowth is consistent with a Black Oak Alliance including Toyon (Heteromeles arbutifolia), ceanothus (Ceanothus spp.), and Manzanita (Manzanita spp.). North facing slopes are dominated by Doug Fir (Pseudotsuga menziesii). The northern boundary of the property includes a Class III waterway and associated riparian vegetation. Intrusions of non-native, invasive French Broom are found along approximately 100 yards of the road as it climbs away from the drainage. The terrain on the southern side of the property is steep (greater than 50% slope in some areas) while the northern portion of the property has slopes generally in the 10-30% range. There are no soils unusual to the region. The Revised Project includes preservation of an additional 25 acres of open space, which would have no impact on biological resources. However, the 15 acres that would be included in the Purchase Agreement and allow for up to six residential units, would have similar impacts to those described in the 2021 MND. The parcels would be created within the eastern portion of the existing 40-acre parcel, but the location of the potential residential units is not known at this time. All development requires discretionary review per the R1-H zoning district regulations. R1-H regulations also requires submittal of the following: soil and geological reports, subsurface investigations, grading plans, vegetation reports, and hydrology reports. Additionally, depending on the location and vegetation contained within the development area, a Biological Assessment may also be required. Future development would also adhere to Mitigation Measures BIO-1 through BIO-5. A Class III watercourse is located in the northern portion of the site. However, no development would occur in this area and watercourses would be avoided. As such, impacts to biological resources as a result of the Revised Project would be similar to those described in the 2021 MMD, and would be less than significant with mitigation. E. Cultural Resources Summary of Cultural Resources Impacts from the Western Hills Project 2021 MND An Archeological Survey Report was prepared by Alta Archeological Consulting (Alta) in March 2021, to identify any archaeological, historical, or cultural resources located within the 55 acres included in the Development Agreement to be developed with single family homes at some point in the future. Alta also conducted a field survey of the area and requested an archaeological and historical records search (File No. 20-1364) from the Northwest Information Center (NWIC) located on the campus of Sonoma State University. The records search included a review of all study reports on file within a one-half mile radius of the Project area. No cultural resources were identified within the Project area (or within one-half mile) as a result of the records search, literature review, or archaeological field survey. In addition, given the steep terrain, the potential for substantial prehistoric or historic settlement is considered low. Therefore, the Project activities are not anticipated to cause a substantial adverse change in the significance of a historical resource as defined in §15064.5. As a part of the Project, the City also followed tribal consultation notification procedures, in accordance with Assembly Bill 52 (AB 52). On January 28, 2021, a request for formal consultation by the Pinoleville Pomo Nation was received, and AB 52 consultation was concluded with the tribe on May 3, 2021. No specific resources were identified within the Project area as a result of the consultation process, but Mitigation Measures CUL-1 and CUL-2 were included in the Project Page 51 of 93 16 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah to mitigate for the potential of unanticipated discoveries during ground disturbing activities. These mitigation measures apply to all future development. As such, impacts to cultural, archeological and historical resources would be less than significant with mitigation incorporated. 2021 MND Mitigation Measures: CUL-1: Unanticipated Discovery. If previously unidentified cultural, historic, palaeontologic or archeologic resources are encountered during project implementation, altering the materials and their stratigraphic context shall be avoided and work shall halt immediately. A qualified professional archaeologist shall be contacted to evaluate the resource and methods necessary to protect it. Project personnel shall not collect, move, or disturb cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. CUL-2: Encountering Native American Remains. If human remains are encountered during ground disturbing activities, all work shall stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” can be designated and further recommendations regarding treatment of the remains will be provided. Summary of Cultural Resources Impacts from the Revised Project Impacts from the Revised Project, and specifically the potential development of six single family homes within the additional 15 acres, would be consistent with those described in the 2021 MND, as the soils, terrain and development type would be similar. With implementation of Mitigation Measures CUL-1 and CUL-2, impacts would be less than significant with mitigation incorporated. F. Energy Summary of Energy Impacts from the Western Hills Project 2021 MND The Western Hills Project, including the Development Agreement, does not include specific development designs or proposals, nor does it grant any entitlements for development. Future housing projects will be analyzed on a project level basis subject to the County’s and City’s building and safety codes, as well as Title 24 regulations (and others) to promote energy efficiency. Specifically, each residence would be required to comply with Title 24 Building Energy Efficiency Standards, which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Project construction equipment would also be required to comply with the latest California Air Resources Board (CARB) and Environmental Protection Agency (EPA) engine emissions standards which require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. With adherence to the aforementioned regulations, and others intended to reduce energy consumption, impacts from the Project related to energy consumption would be less than significant. Page 52 of 93 17 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah 2021 MND Mitigation Measures: None. Summary of Energy Impacts from the Revised Project Impacts from the Revised Project would be consistent with those described in the 2021 MND, as all future potential construction would be subject to the aforementioned regulations intended to reduce energy consumption. Impacts to energy as a result of the Revised Project would be less than significant. G. Geology and Soils Summary of Geology and Soils Impacts from the Western Hills Project 2021 MND The Western Hills Project site(s) is not in a California Earthquake Fault Zone and is not susceptible to liquefaction or strong seismic ground shaking. However, future potential construction of single-family homes and utility improvements could require vegetation removal and grading, which could result in impacts associated with erosion, the loss of topsoil and landslides if not properly designed. All of the aforementioned activities must be completed in accordance with applicable safety codes and the below standard mitigation measure requires sediment and erosion plans identifying BMPs to reduce soil erosion and water runoff to reduce or avoid impacts to geology and soils to be submitted prior to any ground disturbance, in accordance with Ukiah City Code (“UCC”) Division 9, Chapter 7, Erosion and Sediment Control. In addition, R1-H development standards (which will be applied to all Development Parcels) require submittal of Geotechnical Reports, Grading Plans, Hydrology Reports, etc. to ensure development is being properly designed, and will include a set of site/project specific recommended Best Management Practices and adherence to Mitigation Measure GEO-1 for future development projects to avoid impacts to geology and soils. Impacts related to soil erosion and geologic hazards would be less than significant with mitigation. An onsite community sewer system (holding tank) with a sewer line, rather than a leach field, will be constructed for discharging wastewater (effluent only) to a sewer main at the end of Redwood Avenue. The soils at the Project site are not identified as being expansive and could adequately support the sewer system. In addition, building code, Mendocino County of Environmental Health, and Public Works’ requirements will ensure that the sewer system is adequately installed in accordance with all standards related to safety. Impacts would be less than significant. Lastly, as described in Section 5, Cultural Resources, of the 2021 MND, although not anticipated, the potential exists for unique paleontological resources or site or unique geological features to be encountered within the Project area during ground-disturbing construction activities. However, in the event that resources are discovered during construction, Mitigation Measure CUL-1 requires the protection of the resources. Impacts would be less than significant with mitigation incorporated. 2021 MND Mitigation Measures: Implementation of CUL-1. GEO-1: The Project shall comply with the erosion and design standards outlined in Chapter 7 of the Ukiah City Code. Prior to any ground disturbance, erosion and sediment control plans shall be submitted to the Public Works and Community Development Departments for review and approval. Said plans shall protect against soil erosion and runoff through the implementation of appropriate Best Management Practices (BMPs). Typical BMPs include the placement of straw, mulch, seeding, straw wattles, silt fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area. Page 53 of 93 18 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Summary of Geology and Soils Impacts from the Revised Project The terrain on the southern side of the property is steep (greater than 50% slope in some areas) while the northern portion of the property has slopes generally in the 10-30% range. There are no soils unusual to the region. Impacts from the Revised Project would be consistent with those described in the 2021 MND, as the soils, terrain and development type would be similar, and all future potential construction would be subject to the aforementioned regulations intended to reduce soil erosion and hazards to related to geologic features. Development on the 15 acres under the Revised Project would differ in that there would not likely be the affluent line and all sewer/septic would stay on site. Impacts to soils related to septic systems would be evaluated with any site development permit application. Specifically, potential development under the Revised Project would adhere to R1-H regulations, which require submittal of Geotechnical Reports, Grading Plans, Hydrology Reports, etc. to ensure development is being properly designed, and will include a set of site/project specific recommended Best Management Practices and adherence to Mitigation Measure GEO-1 and CUL-1 for future development projects to avoid impacts to geology and soils. Impacts to geology and soils as a result of the Revised Project would be less than significant with mitigation. H. Greenhouse Gas Emissions Summary of Greenhouse Gas Emissions Impacts from the Western Hills Project 2021 MND As discussed in Section 3, Air Quality, of the 2021 MND, the Western Hills Project (both construction and operation) would not result in a significant negative impact to air quality. Similarly, as discussed in Section 17, Transportation, the Western Hills Project would not produce significant amounts of traffic or vehicle miles traveled that would in turn result in a significant increase in GHG emissions. Individual residential development projects constructed under the Development Agreement will be reviewed on a project by project basis to analyze GHG emissions and will be required to follow all building codes and policies including those intended to reduce emissions. Specifically, future residential uses constructed on all Development Parcels would be required to adhere to all federal, state, and local requirements for energy efficiency, including the Title 24 standards. Compliance with Title 24 Building Energy Efficiency Standards would provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Implementation of the Title 24 standards significantly reduces energy usage, as well as GHG emissions. Lastly, the Project includes annexation and conservation of approximately 640 acres, which will have no impact (or a beneficial impact) on GHG, given that the Project is located within a non- attainment area, the rural nature of the site, and small development footprint, the Project, including infrastructure improvements and other temporary construction activities, is not expected to significantly increase GHG in the area. With implementation of the aforementioned regulations, impacts to GHG emissions would be less than significant. 2021 MND Mitigation Measures: None. Summary of Greenhouse Gas Emissions Impacts from the Revised Project Impacts associated with greenhouse gas emissions would be consistent with those described in the 2021 MND, as the potential development type and intensity is similar (but slightly less) than that described for the Western Hills Project. Compliance with Title 24 Building Energy Efficiency Standards would provide minimum efficiency standards related to various building features, Page 54 of 93 19 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Implementation of the Title 24 standards significantly reduces energy usage, as well as GHG emissions. Additionally, as a part of the 2040 General Plan, the City adopted thresholds for analyzing projects under Vehicle Mailes Traveled, which is directly tied to greenhouse gas emissions. The General Plan EIR identified that the following projects are expected to result in less than significant impacts: small projects that meet existing categorical CEQA exemptions, employment uses in areas with a diverse mix of land uses, local serving retail, projects in proximity to a major transit stop, transportation projects, and all residential projects/uses (such as those proposed as a component of the Revise Project). For more information, please refer to Section 4.11, Transportation, and Appendix D of the City’s General Plan Environmental Impact Report, which may be accessed online at: https://ukiah2040.com/images/docs/Ukiah_2040_Compiled_Appendices.pdf. Based on the aforementioned, impacts related to greenhouse gas emissions from the Revised Project would be less than significant. I. Hazards and Hazardous Materials Summary of Hazards and Hazardous Materials Impacts from the Western Hills Project 2021 MND Hazardous Materials. Construction activities and future residential uses associated with the Project would require the routine transport, use, storage, and disposal of small quantities of hazardous materials common for equipment and property maintenance and operation, such as gasoline, diesel fuel, hydraulic fluids, oils, lubricants, cleaning solvents and supplies, pesticides, fertilizers, paint, etc. However, the types and quantities of materials to be used are not expected to pose a significant risk to the public and/or environment and would be managed in accordance with federal, state, and local regulations. In addition, Mitigation Measure HAZ-1 would ensure that materials would be transported and stored in a manner to reduce potential impacts, including those to schools within one-mile, to less than significant. Impacts would be less than significant with mitigation incorporated. According to the GeoTracker and EnviroStor databases the Project site(s) do not contain any listed hazardous sites; no impact would occur. Airport. Under the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), the Project is located within the Other Airport Environs (OAE) Compatibility Zone. Within this airport influenced area, no limits are prescribed with regard to intensity of use, density of dwelling units, nor are there any open land requirements specific to airport safety considerations. According to Table 3A of the UKIALUCP, the proposed Project would not engender airport safety concerns under the UKIALUCP, and a review of associated residential uses are indicated as ‘Normally Compatible.’ As such, impacts to people residing or working near the airport would be less than significant. Emergency Response. There are no components of the Project that would impair or interfere with emergency response or evacuation. Since the Project, specifically access improvements and residential development, would be required to be designed in accordance with state and local standards, including safety and emergency access requirements, there are no components of the Project that would impair implementation of, or physically interfere with, the adopted Multi- Jurisdictional Hazard Mitigation Plan (MJHMP) or other emergency response plan or evacuation plan. Impacts would be less than significant. Page 55 of 93 20 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Wildfire. As previously noted, none of the lands within the City of Ukiah are located within a California Department of Forestry (Cal Fire) State Responsibility Area (SRA). However, County lands immediately west of the City (including the majority of the Project site(s)) are located within the SRA and are classified as having a “Very High” fire hazard severity. The Project site is developed with Cal Fire fuel breaks and has been subject to vegetation management practices in order to reduce fire risk in the Western Hills. Additionally, the Project includes installation of an approximately 130,000-gallon water tank to add new water storage and fire protection facilities in the Western Hills. The access road and future residential development are required to adhere to all fire safety standards. Regardless of the aforementioned, construction activities involving the use of gasoline-powered tools and equipment could introduce new temporary sources of ignition that could increase fire risk. However, with implementation of Mitigation Measure HAZ-2, impacts would be reduced to less than significant. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. See Section 20, Wildfire of the 2021 MND, for more information. Impacts would be less than significant with mitigation incorporated. 2021 MND Mitigation Measures: HAZ-1: The developer shall establish and implement construction site management practices that will prevent toxic materials and other debris from entering the City’s storm drainage and waterway systems, including: a. There shall be no storage of hazardous materials at the Project Site; b. The developer shall provide adequate materials management, including covering, securing, and segregating potentially toxic materials (grease, oils, fuel, solvents, etc.); and c. The developer shall maintain supplies on-hand to contain spills of oil and any other hazardous materials used on-site. c. Fuel the equipment in a safe place where spills can be contained and a fire extinguisher is nearby. Use the recommended gas/oil mixture and do not top off. Use a funnel or spout for pouring. Wipe off any spills. d. Do not refuel running or hot equipment. Dispense fuel at least 10 feet from sources of ignition. e. Do not use equipment in areas of dry vegetation. Keep leaves and dry materials away from a hot muffler. f. No smoking or open flame allowed near gasoline-powered equipment. Summary of Hazards and Hazardous Materials Impacts from the Revised Project Impacts related to hazards and hazardous materials would be consistent with those described in the 2021 MND, as the 40-acre parcel is located within the OAE zone of the UKIALUCP; within a Very High Fire Zone of the State Responsibility Area (not located within the UVFA district); and is not located on an identified hazardous site. Potential residential development associated with the Purchase Agreement would be of similar scale and intensity as that described in the 2021 MND. The Revised Project would implement mitigation measures HAZ-1 and HAZ-2 to reduce impacts related to hazards and hazardous materials. Contrary to the improvements included in the 2021 MND, there are no road or utility improvements currently proposed for the Revised Project. All HAZ-2: Should portable gasoline-powered equipment be used on site, the following firesafe precautions shall be taken: a. Spark arresters are required on all portable gasoline-powered equipment. b. Equipment shall be maintained in good working condition, with exhaust systems and spark arresters in proper working order and free of carbon buildup. Page 56 of 93 21 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah future improvements (road, electric, water, sewer) would be analyzed and provided by the property owner/developer, and residential development is required to comply with the R1-H development standards, as well as all applicable fire and building codes. As such, impacts from the Revised Project would be less than significant with mitigation. J. Hydrology and Water Quality Summary of Hydrology and Water Quality Impacts from the Western Hills Project 2021 MND Future development would adhere to all applicable waste discharge requirements. Therefore, the Project would not violate any water quality standards. Water utilities will be developed by the property owner on-site to support the Development Parcels; approximately 130,000-gallons of storage will be provided by two 65,000 gallon tanks (34ft in diameter and 10.5ft high) that will be placed within the existing water tank pad site. According to the water tank planning study memorandum, prepared by GHD (December 10, 2020), the existing wells produce approximately 50,000 gallons per day and are located adjacent to the proposed tank. As a result, the developer proposes to supply the tanks with water from the wells rather than constructing new booster pump stations to pump water up to the tanks from the City’s existing wells. Therefore, the Project would not substantially deplete groundwater resources and impacts would be less than significant. The Project area contains two (2) Class II watercourses and four (4) Class III watercourses. However, The Project does not propose any modifications to existing culverts or watercourses. As noted in Mitigation Measures GEO-1 and HAZ-1, prior to any ground disturbance, erosion and sediment control plans shall be submitted to the Public Works and Community Development Departments for review and approval and shall include BMPs to address soil erosion and stormwater runoff associated with road and utility improvements. Additionally, construction projects that would disturb more than one acre of land, would be subject to the requirements of General Construction Activity Stormwater Permit which requires a Stormwater Pollution Prevention Plan (SWPPP) identifying specific BMPs related to stormwater pollution. The proposed Development Agreement does not include specific development designs or proposals, nor does it grant any entitlements for development. Future housing projects will be subject to County and City’s development standards, building and safety codes, including review of stormwater management practices, where applicable. If future work in or adjacent to any of the other watercourses or culverts are proposed, the Developer is required to obtain necessary regulatory permits form the California Department of Fish and Wildlife and the Regional Water Quality Control Board, as necessary. Impacts associated with erosion and stromwater runoff would be less than significant with mitigation incorporated. 2021 MND Mitigation Measures: Implementation of GEO-1 and HAZ-1. Summary of Hydrology and Water Quality Impacts from the Revised Project Impacts from the Revised Project would be consistent with those described in the 2021 MND. However, no water tank or utility extensions are proposed with the Revised Project. Water and utilities would be analyzed and developed by the future property owner/developer for development of residential units. A Class III watercourse is located in the northern portion of the site. While the Revised Project does not propose any modifications to existing culverts or watercourses, future development associated with residential construction and access/infrastructure could result in impervious Page 57 of 93 22 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah surfaces and erosion that could result in an impact to water quality. However, implementation of GEO-1 and HAZ-1 would reduce impacts to Less than Significant with mitigation. K. Land Use and Planning Summary of Land Use and Planning Impacts from the Western Hills Project 2021 MND The Project area is undeveloped with the exception of an existing access road, firebreaks and previous land improvements for potential future housing development. While the Project would improve the existing access road and allow for potential future low-density residential development, it does not propose new linear features that would result in the division of an established community. Impacts would be less than significant. The Project includes acquisition, annexation and prezoning of approximately 707 acres into the City’s jurisdiction. The 54 acres associated with the Development Agreement and private access parcels would be prezoned to Single-Family Residential-Hillside Overlay District (R1-H) with a General Plan Designation of Low Density Residential (LDR), while the remaining 640 acres utilized for open space and municipal purposes would be prezoned Public Facilities (PF) with a Public (P) General Plan designation. Under Government Code Section 56742, city-owned parcels are not required to be located within the City's SOI. Parcels can be located anywhere in the County, as long as they are less than 300 acres, owned by the City, and used for municipal purposes at the time of the annexation application. Because the portion of the open space parcels proposed for annexation totals approximately 296 acres, and will be under city ownership for open space, this portion of the Project is consistent with the Government Code. Under the provisions of the Government Code, the zoning district adopted by the City does not become effective unless and until the land is annexed into the City. The Development Agreement allows for a total of seven single-family homes and seven Accessory Dwelling Units (ADUs). However, once the parcels are annexed into the City, the site(s) would not be developed until an applicant submits a development on the Development Parcels (4-7) and obtains Planning Commission approval of a Use Permit to construct their home. All development would be constructed to R1-H standards, either through the City’s discretionary process (Development Parcels 4-7), or within the County’s jurisdiction (Development Parcels 1-3) by including R1- Hstandards in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). In addition, although not required, the mitigation measures contained within the 2021 MND for residential development will also be included in the CC&Rs. 2021 MND Mitigation Measures: None. Summary of Land Use and Planning Impacts from the Revised Project The Revised Project includes acquisition, annexation, and prezoning of an additional 40 acres; 25 acres would be for open space and municipal purposes, and 15 acres would be available for development of three single-family homes and three ADUs (six units total). Impacts associated with the Revised Project would be consistent with those described in the 2021 MND, as the use, intensity and type of development that could be facilitated would be consistent with the original project. Since approval of the original project and 2021 MND, the City adopted its 2040 General Plan. As a part of the General Plan, the Western Hills Annexation Area (including the 707 acres within the original project and MND, as well as the additional 44 acres of “clean up” parcels), the City’s Sphere of Influence (SOI) and Planning Area were also updated and analyzed. The updated (now existing) boundaries of the SOI include the 707 acres included in the original project, and Western Hills Annexation Area. The 40 acres proposed as a part of the Revised Project were not included Page 58 of 93 23 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah in the amended SOI nor the Western Hills Annexation Area identified in the General Plan and associated EIR. However, the 40 acres would be owned by the City at the time of annexation and is within the City’s updated Planning Area, consistent with the intent of Government Code Section 56742. Additionally, the proposed 40-acre parcel being included in the Western Hills Annexation Area would result in a more orderly, contiguous and less peninsular annexation area than the current configuration, which is supported by LAFCo policies. Consistent with the impacts discussed within the 2021 MND, the 25 acres proposed for open space and municipal purposes is consistent with the intent of the PF zoning and P land use designation. Whie the City notes the desire to obtain potential trail opportunities in the future, no such uses are proposed at this time. Acquisition of property for open space opportunities is supported by the General Plan. The 15 acres proposed for limited single family residential development that could be facilitated by the Revised Project is consistent with the rural, low density, single family residential development and intensities currently existing within western Ukiah and prescribed within the Ukiah Valley Area Plan and County zoning. Specifically, the current land use designation is Remote Residential, 40 Acre Minimum (“RMR-40”) and the existing County zoning designation is Upland Residential, 40-acre minimum (“UR-40”) are intended to be applied to lands having constraints for commercial agriculture, timber production or grazing, and are well suited for small scale farming and low density agricultural and residential uses. Both the existing RMR-40 land use designation and UR-40 zoning designation allow for one dwelling unit (and one ADU) per 40 acres. As described within the Land Use Element of the City’s 2040 General Plan, the Hillside Residential (HR) land use designation replaces previous (1995 General Plan) Rural Residential designation in areas in the hillsides west of Highland Avenue and Park Boulevard, with a maximum allowable density of one dwelling unit per gross acre. The intent of this designation is to allow for single- family residential at a lower density to align with the goal of reducing development in designated High Fire Hazard Areas. Similarly, the Hillside Overlay District (-H or R1-H) is intended to encourage planning, design, and development while preserving natural physical features and minimizing potential safety, water runoff and soil erosion concerns associated with the natural terrain. The Purchase Agreement associated with the Revised Project would allow creation of three development parcels (in accordance with R1-H standards and the Subdivision Map Act) within the 15 easternmost acres of the 40-acre parcel and would further restrict development to one single family dwelling per parcel and one ADU (except for in cases were the slope exceeds 50 percent, per the City’s Hillside Overlay Ordinance). All development within the R1-H district requires discretionary review (Planning Commission approval) and would be subject to all R1H development regulations (including slope, density, setbacks, height, fire safety and water requirements, access requirements, etc.) contained within the Hillside Overlay District. Development within the Hillside Overlay District also includes submittal of the following: soil and geological reports, subsurface investigations, grading plans, vegetation reports, grading plans, hydrology reports, and structure elevations. Each home would require approval of a Use Permit and/or Site Development Permit by the Planning Commission, as well as approval of a Building Permit, which includes additional review and approval by County and City departments. Lastly, the Revised Project is consistent with General Plan Goals ENV-1, ENV-4, LU-6, LU-7, LU- 8 and LU-9 (and Polices ENV 1.2, LU 6.1, 6.2, 6.3, 7.1, 7.2 and 8.1) which support annexation and orderly development of lands contiguous to the City limits, as well as open space preservation, protection of hillsides and development of all housing types. Page 59 of 93 24 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah L. Mineral Resources Summary of Mineral Resources Impacts from the Western Hills Project 2021 MND There are no identified mineral resources within the Western Hills Project area. No impact would occur. 2021 MND Mitigation Measures: None. Summary of Mineral Resources Impacts from the Revised Project Consistent with the analysis within the 2021 MND, there are no mineral resources within the Revised Project parcel and no impact would occur. M. Noise Summary of Noise Impacts from the Western Hills Project 2021 MND Certain land uses are particularly sensitive to noise, including schools, hospitals, rest homes, long-term medical and mental care facilities, and parks and recreation areas. Residential areas are also considered noise sensitive, especially during the nighttime hours. The nearest existing sensitive receptors are residential uses adjoining the Project site to the east and south along Redwood Avenue; the closest residence being more than 700 ft away from the potential house site on proposed Parcel 1. However, construction related noise would be considered temporary. In addition, to reduce potential noise impacts to nearby sensitive receptors, Mitigation Measure NOI-1 would require compliance with the City’s allowed hours of construction (7:00 a.m. to 7:00 p.m.), include Best Management Practices (BMPs) for reducing construction noise, and require construction equipment to be equipped with properly operating and maintained mufflers and other state-required noise attenuation devices. Noise impacts associated with construction of the Western Hills Project would be less than significant with mitigation incorporated. Operation of the Western Hills Project would result in stationary noise sources associated with typical residential land uses (e.g., mechanical equipment, dogs/pets, landscaping activities, cars parking, etc.). These noise sources are typically intermittent and short in duration and would be comparable to existing sources of noise experienced at surrounding residential uses. The Project is also anticipated to use typical construction equipment for temporary periods of time that would not be considered excessive. As such, impacts from operation of the Western Hills Project would be less than significant. The nearest airport is the Ukiah Municipal Airport, located approximately 0.79-mile east of the Western Hills Project site. The Project is located within the Other Airport Environs (OAE) Compatibility Zone of the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP). Within this airport influenced area, no limits are prescribed with regard to intensity of use, density of dwelling units, nor are there any open land requirements specific to airport safety considerations. Noise and overflight factors are considered minimal, but there may be occasional overflights which may be intrusive to some outdoor activities. In general, the risk level for this zone is low, and no specific safety or airspace protection factors are identified. For the reasons discussed above, impacts related to noise as a result of the Western Hills Project would be less than significant with mitigation. 2021 MND Mitigation Measures: NOI-1: Prior to building permit or grading permit issuance, the developer shall comply with the following: Page 60 of 93 25 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah a. Construction contracts shall specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state-required noise attenuation devices. b. Construction haul routes shall be designed to avoid or lessen impacts to noise-sensitive uses (e.g., residences, schools, convalescent homes), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Per the City’s Noise Ordinance, construction shall not take place outside of the hours of 7:00 a.m. to 7:00 p.m. Summary of Noise Impacts from the Revised Project Impacts related to noise as a result of the Revised Project would be consistent with those described in the 2021 MND, as it is also located within the OAE zone of the UKIALUCP, and future potential construction would adhere to the City’s noise regulations and Mitigation Measure NOI-1. Impacts related to noise as a result of the Revised Project would be less than significant with mitigation. N. Population and Housing Summary of Population and Housing Impacts from the Western Hills Project 2021 MND The current Ukiah Valley Area Plan land use designation of the Western Hills Project parcels is Remote Residential, 40 Acre Minimum (“RMR40”) and the existing zoning is Upland Residential, 40-acre minimum (“UR:40”). Under the County’s General Plan and Zoning Ordinance, the entirety of the 707 acres has the potential to be developed with up to one dwelling per 40 acres, for a total of 17 primary dwellings. In addition, an ADU may be constructed as of right on each parcel, resulting in the potential for up to 34 total units to be developed. Once annexed, 54 acres could be developed with up to 14 residential units (seven single family homes and one associated ADU per lot) through the proposed Development Agreement. Although no development is proposed at this time, for this analysis it is assumed that future development of all Development Parcels would result in construction and development of residential uses on the site. As a part of the Project, utilities would be extended to the area. However, because the extension of utilities would be limited to the seven Development Parcels that are currently zoned for rural residential development, the Project, including development of up to 14 units, would not directly induce substantial unplanned development and population growth in the area. The remaining 640 acres that would be preserved as open space would not be developed with residential uses that could result in an increase in population. For the aforementioned reasons, the Western Hills Project would not induce substantial unplanned population growth in an area, either directly or indirectly. Impacts would be less than significant. 2021 MND Mitigation Measures: None. Summary of Population and Housing Impacts from the Revised Project Once annexed, under the City’s jurisdiction and the Purchase Agreement associated with the Revised Project, 15 acres of the 40-acres could be split into three (3), five-acre parcels and developed with three single family homes and three ADUs, in accordance with R1-H zoning and development regulations. The remaining 25 acres would be prezoned PF, and no residential development would occur within this area. As analyzed within the 2040 General Plan EIR (Land Use Section), the maximum buildout potential assumed within the General Plan would result in an additional 2,350 housing units and an additional 4,514,820 non-residential square footage (City Page 61 of 93 26 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah of Ukiah 2022). This buildout is projected to occur specifically within the existing City limits and Annexation Areas. However, the six additional units would be included in the existing Planning Area and the amended Western Hills Annexation Area. Although the Revised Project would allow for the potential of six additional units than the original Western Hills Project, and four additional units when compared to the existing County zoning regulations, this change in potential units (and population) would not be considered substantial. Impacts would be less than significant. O. Public Services Summary of Public Services Impacts from the Western Hills Project 2021 MND Police protection services for the entire City limits is provided by the 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 Ukiah Valley are provided by the Ukiah Valley Fire Authority and California Department of Forestry and Fire Protection (Cal Fire). Educational facilities in the Ukiah Valley area are provided by the Ukiah Unified School District (UUSD), County Office of Education, and the Mendocino-Lake Community College District. There are also several private and charter schools serving residents within the City of Ukiah, as well as the unincorporated portions of Mendocino County. Although no development is proposed at this time, it is assumed that future development would result in construction and development of residential uses (up to 14 units) on the site. New homes in the City’s jurisdiction would be served by the City’s Police Department and the Ukiah Valley Fire authority. This minimal increase in service area would not be considered significant, as fire and police impact fees are collected for new construction to offset the financial burden that new development can potentially create for the fire department. Similarly, it is not anticipated that the additional residential units, currently already being served by existing school districts, would result in a significant impact to school services. Lastly, as discussed in Section 16, Recreation of the 2021 MND, the increase in residential units would not be considered significant and future development would be required to pay park impact fees, which are used to assist in the development and maintenance of parks and recreation facilities. Lastly, future residential development would be assessed, and impact fees for all aforementioned public services would be collected during the Building Permit process. As such, the Project would have a less than significant impact on public services. 2021 MND Mitigation Measures: None. Summary of Public Services Impacts from the Revised Project Impacts associated with the Revised Project would be consistent with those identified in the 2021 MND, as new homes in the City’s jurisdiction (once annexed) would be served by the City’s Police Department and the Ukiah Valley Fire authority. Future residential development would be assessed, and impact fees for all aforementioned public services would be collected during the Building Permit process. As such, the Project would have a less than significant impact on public services. P. Recreation Summary of Recreation Impacts from the Western Hills Project 2021 MND The Western Hills Project does not propose any recreational facilities at this time. However, the City does have aspirations to develop trails and recreational open space areas at some point in Page 62 of 93 27 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah the future. Potential development of up to 14 new residential units would increase population, and in turn, increase the use of existing recreation facilities. However, the increase in population would not be considered significant and future development would be required to pay all park impact fees, which are used to assist in the development and maintenance of parks and recreation facilities. As such, impacts would be less than significant on park facilities. 2021 MND Mitigation Measures: None Summary of Recreation Impacts from the Revised Project Consistent with the analysis within the 2021 MND, the Revised Project does not propose any recreational facilities at this time. However, the City does have aspirations to develop trails and recreational open space areas at some point in the future, and acquisition of the Revised Project parcel provides potential access opportunities to the remaining Western Hills open space parcels. If, and when the City wishes to pursue development of such recreational opportunities, it would be analyzed under CEQA on a project-level basis at that time. As such, impacts to recreation as a result of the Revised Project would be less than significant. Q. Transportation Summary of Transportation Impacts from the Western Hills Project 2021 MND Based on information and analyses contained within the Office of planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts Under CEQA and the Fehr & Peers Baseline Study, the construction of up to 22 units in Mendocino County would be considered a ‘small project’ and screened out of further analysis for vehicle miles traveled (VMT). Because the Project would ultimately allow a max buildout of seven single family residential units and the possibility of associated ADUs, the Project may be screened out of further VMT analysis. Nonetheless, since the Project site is currently undeveloped, any development with related vehicle use would increase VMT. In this case, there would be an increase in traffic to and from the site during both construction and operation of the Project. It is expected that construction of the Project would result in a temporary increase in traffic to and from the site, as construction workers arrive and leave each workday. In addition, minor increases to traffic on adjacent streets (specifically Redwood Avenue and Helen Avenue) could occur when heavy equipment required for construction is traveling to and from the site. However, once construction is complete, workers would no longer be traveling to the site, and the source of VMT would result from permanent residents. VMT generated from the Project would be similar to that of existing low-density residential development and would be considered less than significant. Additionally, the Western Hills Project would not conflict with identified Major Improvements, Goals, Policies or Objectives identified in the 2017 RTP. Additionally, the Ukiah Valley Area Plan (2011) identifies future conceptual roadway improvements for the plan area. The 2021 Western Hills Project does not conflict with the UVAP’s recommendations and conceptual road improvements, because these recommendations address gaps in the street system expand capacity where future congestion levels are anticipated, and development of parallel north/south facilities. 2021 MND Mitigation Measures: None Summary of Transportation Impacts from the Revised Project Impacts to transportation related to the Revised Project would be similar, if not less than those described in the 2021 MND, as the Revised Project does not propose road or utility improvements. Page 63 of 93 28 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah However, the Revised Project would allow for the development of three single family homes and three ADUs. Development of potential homes may require road and utility improvements to facilitate development. However, such improvements are not proposed at this time. Since the 2021 MND was approved, the City adopted the 2040 General Plan. As a part of the General Plan Environmental Impact Report (EIR), the City identified that the following projects are expected to result in less than significant impacts: small projects that meet existing categorical CEQA exemptions, all, employment uses in areas with a diverse mix of land uses, local serving retail, projects in proximity to a major transit stop, transportation projects, and all residential projects. For more information, please refer to Section 4.11, Transportation, and Appendix D of the City’s General Plan Environmental Impact Report, which may be accessed online at: https://ukiah2040.com/images/docs/Ukiah_2040_Compiled_Appendices.pdf Because the Revised Project would include open space and limited residential development, it meets the City’s adopted VMT thresholds. As such, the Revised Project would have a less than significant impact on transportation. R. Tribal Cultural Resources Summary of Tribal Cultural Resources Impacts from the Western Hills Project 2021 MND As described in Section 5, Cultural Resources of the 2021 MND, no cultural resources were identified within the Project area as a result of the records search, literature review, or archaeological field survey. In addition, due to its topography, the site is considered to have a “low potential” for cultural, archeological, and historic resources. Although no tribes have contacted the City of Ukiah to request notification under AB 52, tribal notifications offering the opportunity to request formal consultation were sent to local tribes on December 15, 2020. In addition, a request seeking a list of tribes that should be contacted was sent to the NAHC. Notices were sent to the additional tribes identified by the NAHC on January 14, 2021. On January 28, 2021, a request for formal consultation by the Pinoleville Pomo Nation was received; AB52 consultation was concluded with the tribe on May 3, 2021. Correspondence with Pinoleville Pomo Nation has been omitted for confidentiality. Despite the negative findings and the low potential for resources to occur on-site, there is potential for resources to be inadvertently discovered during ground disturbing activities. Therefore, Mitigation Measures CUL-1 and CUL-2 would be implemented. Impacts to would be less than significant with mitigation. 2021 MND Mitigation Measures: Implementation of CUL-1 and CUL-2. Summary of Tribal Cultural Resources Impacts from the Revised Project Impacts to tribal cultural resources from the Revised Project would be consistent, if not less than, those described in the 2021 MND because the Revised Project does not propose ground disturbing activities at this time. Regardless, there is potential for future activities to result in the inadvertent discovered of resources. However, Mitigation Measures CUL-1 and CUL-2, which are effectively are required by the Public Resources Code for all development, would be implemented. Impacts to would be less than significant with mitigation. Page 64 of 93 29 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah S. Utilities and Service Systems Summary of Utilities and Service Systems Impacts from the Western Hills Project 2021 MND Sewer and water will be developed by the property owner, while electric infrastructure will be developed by the property owner and/or the City. All utilities would be owned and maintained by the HOA, with the exception of electric, which will be ultimately maintained by the City. Development of utilities could result in physical impacts to the environment. However, all utilities will be undergrounded and located within or adjacent to existing access roads, on private parcels and previously disturbed areas. In addition to serving the proposed residential developments, two water tanks will be installed to add new water storage and fire protection facilities in the Western Hills. No other development is proposed at this time. With incorporation of mitigation measures described in Biological Resources, Geology and Soils, and Hydrology and Water Quality, impacts related to expansion of utilities would not result in a significant impact to the environment. Impacts would be less than significant with mitigation measures incorporated. The project is anticipated to use 14 equivalent sanitary sewer units (ESSUs). The City’s Wastewater Treatment Plant (WWTP) currently has available, between the City of Ukiah and the Ukiah Valley Sanitation District (UVSD), 1,571 ESSUs. The WWTP has capacity to serve this development and impacts would be less than significant. Based on information provided on CalRecycle’s website, the Potrero Hills Landfill has a maximum permitted throughput of 4,330 tons per day and a remaining capacity of 13.872 million cubic yards, and is estimated to remain in operation until February 2048. As such, the proposed would not negatively impact the provision of solid waste services or impair the attainment of solid waste reduction goals. A less than significant impact would occur. Mitigation Measures: Implementation of BIO-1 through BIO-5, and GEO-1. Summary of Utilities and Service Systems Impacts from the Revised Project The 40-acre parcel proposed for inclusion under the Revised Project is located within the UVSD’s service boundary, but is not located within an established water district, nor within the UVFA boundary. As a part of the Purchase Agreement, the developer is retaining exclusive right to the on-site well on the neighboring property to provide water and on-site storage for fire mitigation requirements. If the developer wants to pursue utility services, the parcel is within the UVSD boundaries. It is not currently within a water district but is contiguous with City of Ukiah Water services. Contrary to the original Western Hills Project, the Revised Project does not propose any connections to City utilities or infrastructure at this time. The City is retaining rights to easements for underground utilities (water and/or electric within the roadway) but has no plans now to utilize these easements. Sewer, water and electric utilities would be analyzed and provided to the future development by the property owner/developer. All development would be required to comply with all regulations pertaining to wastewater, solid waste, and other service systems. While the impacts to utilities and services systems within the 2021 MND were determined to be less than significant with mitigation (related to trenching and ground disturbing activities), the impacts resulting from the Revised Project would be less than significant (without mitigation), as no utility extensions with associated ground disturbing activities are proposed. Page 65 of 93 30 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah T. Wildfire Summary of Wildfire Impacts from the Western Hills Project 2021 MND The Project area is developed with fuel breaks and has been subject to vegetation management practices in order to reduce fuel load within the Western Hills. The Project site is developed with an existing access road that varies from 18 ft to 35 ft, wide with the majority of it being a minimum of 20 ft wide. The sections that are 18 ft wide are short in length (approximately 100 ft long) and have wide turnouts immediately before or after them. Both the California Department of Forestry and Fire Protection (Cal Fire) and the Ukiah Valley Fire Authority (UVFA) have reviewed the Project and conducted a site visit. The existing gravel access road will be improved with asphalt and a cul-de-sac, in accordance with all current fire and safety codes applicable to the Project. The proposed improvements would increase the level of fire protection to the Project area. The Project also includes installation of water tanks and fire hydrants to add new water storage and fire protection facilities in the Western Hills. Per the California Fire Code, a portion of the water (varies based on size and number of homes) will be required to be allotted for fire protection services and cannot be used for residential use; this will be accomplished by a float switch that will be installed in the tanks. In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity Zones that would apply to the Project. These include, but are not limited to, the following which are designed to provide defensible space and fire protection for new construction and ensure adequate emergency access: increased property line setbacks for all applicable construction; on-site water storage for fire protection, driveway/roadway types and specifications based on designated usage; all weather driveway/roadway surfaces being engineered for 75,000lb vehicles; maximum slope of 16%; turnout requirements; gate requirements and setbacks, parking standards, fuels reduction regulations, etc. All future residential development would be reviewed by the fire department and be required to adhere to all fire safety standards, including those etc. 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. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and would not impair emergency access. Impacts would be less than significant. As described in Section 9, Hazards and Hazardous Materials, of the 2021 MND, installation of infrastructure and construction of the Project may involve the use of gasoline-powered tools and equipment potentially introducing new temporary sources of ignition that could increase fire risk. However, implementation of Mitigation Measure HAZ-2 will reduce impacts to less than significant. Less than significant with mitigation incorporated. Mitigation Measures: Implementation of HAZ-2 Summary of Wildfire Impacts from the Revised Project Once under the City’s jurisdiction, the 25 acres would be maintained for fire protection. The properties will undergo an initial evaluation with an environmental survey and habitat assessment components, to determine the best treatment approach for fire mitigation efforts. The City plans to develop a Forest Management Plan in coordination with the Mendocino County Fire Safe Council for City-owned properties within the Western Hills. As a part of the Purchase Agreement, the developer is retaining exclusive right to the on-site well on the neighboring property to provide water and on-site storage for fire mitigation requirements. Page 66 of 93 31 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah The Project site is developed with an existing access road that varies from 16 ft to 20 ft, wide that will be required to be improved to current fire and building codes at the time of development. Additionally, the Revised Project will comply with all applicable goals and policies contained within the City’s Safety Element related to wildfire and development, such as adherence to Public Resources Code Sections 4290 and 4291 that contain additional requirements for lands within Very High Fire Severity Zones. 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. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and would not impair emergency access. Impacts would be less than significant. 4. Mandatory Findings of Significance Summary of Impacts Disclosed in 2021 MND Project components including the acquisition, annexation, and prezoning of parcels, in addition to the Lot Line Adjustments, would not directly result in physical impacts to the physical environment. However, infrastructure improvements and the potential construction of up to seven single-family homes and seven associated ADUs, for a total of 14 units within the easternmost 54 acres of the Project area, could occur under the Development Agreement. Hull Properties is choosing to require the single-family homes to be constructed to R1-H standards by including them in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Development Parcels 1-3. In addition, although not required, the mitigation measures contained within the ISMND for residential development will also be included in the CC&Rs. Development Parcels 1-3 will still be included in the application for annexation and prezoned to R1-H. Although residential development is not proposed at this time and the 2021 Western Hills Project would not grant any entitlements, this analysis assumes that the development will occur on all Development Parcels, both under the County and City’s jurisdiction. As described throughout the Initial Study, construction and ground disturbing activities associated with these components could result in direct significant impacts to Air Quality, Biological Resources, Cultural /Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Utilities and Service Systems, and Wildfire. However, mitigation measures identified within the aforementioned sections would reduce impacts to less than significant with mitigation incorporated. Cumulative impacts are generally considered in analyses of Air Quality, Biological Resources, Cultural Resources, Noise, and Traffic. As discussed throughout the Initial Study, the 2021 Western Hills Project would have less than significant impacts on these resources with implementation of mitigation measures described herein. As discussed in Section 14, Population and Housing, as well as Section 11, Land Use and Planning, the potential development of up to 14 units would not induce substantial unplanned population growth in an area, either directly or indirectly. Individual impacts from the 2021 Western Hills Project would not significantly contribute to cumulative impacts in the area as there are no known past projects nor current projects within the vicinity of the site. However, all future housing development would be analyzed on a project level basis for direct, indirect, and cumulative impacts, as necessary. Summary of Impacts from Revised Project Impacts associated with the Revised Project would be consistent, if not less than, those disclosed within the 2021 MND and within the 2040 General Plan EIR related to the Western Hills Annexation Area. Specifically, the 40-acres proposed for inclusion in the Western Hills Annexation Page 67 of 93 32 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Area contains similar terrain, vegetation and scenic quality as the parcels previously analyzed. While the Revised Project does not include road and/or utility improvements, which would result in less impacts described within the 2021 MND associated with groundwork, grading, and vegetation removal associated with those components, the Purchase Agreement would allow for potential development of up to six additional units within a 15-acre area, in accordance with the R1H zoning regulations. Similar to the analysis contained within the 2021 MND, the exact location of the potential development parcels and residential units is unknown at this time. However, all future development would be subject to discretionary and environmental review and be required to comply with City regulations for height, setbacks, and other development standards established to protect natural features and scenic resources within the Western Hills. The Revised Project would incorporate mitigation measures from the 2021 MND to reduce impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Wildfire. Consistent with the 2021 MND, all impacts, including cumulative impacts, associated with the Revised Project would be less than significant with mitigation incorporated. See Mitigation, Monitoring and Reporting Program in Attachment D. Page 68 of 93 City of Ukiah 157-080-05 GASKIN JOHN THOMPSON & JEN157-050-04D&J INVESTMENTSLLC157-060-02D&J INVESTMENTSLLC157-060-04 GRAVES STEPHEN G & MARIA 157-060-03 CITY OF UKIAH 157-080-04 DIVIJATI 003-190-14 157-050-01 BENGSTON TTEE DAVID A 157-130-01 STUTSMAN JERRY S 1/3 156-230-03 WILDBERGER BONNIE L TTEE 1 157-110-07 STUTSMAN JERRY S 1/3 157-080-03 BROOKE CLAUDE L 1/7157-040-16CARON GAETAN157-040-13 NUI RISING MOON TRUST 157-060-01 NUI RISING MOON TRUST 001-040-90CEJA ISMAEL 156-220-04 WILDBERGER BONNIE L TTEE 1 157-030-03 HULL DAVIDJ 157-150-05 GUILFOYLE DEAN TTEE 157-140-11 MINOR MATTHEW ISSAC & TALI 157-150-01 BROOKE CLAUDE L & JANICE E 157-150-07 GARZINI RICK L TTEE157-030-02D&JINVESTMENTS LLC157-150-06HUFFMAN RANDYW & KIMBERLY157-070-05 D & J INVESTMENTS LLC 157-050-03 CITY OF UKIAH157-030-04GALTIERICESARE A TTEE157-130-07 WALLS CHRISTOPHER E & MELI 003-200-04 BROOKE CLAUDE L 1/7 157-050-09 D&J INVESTMENTS LLC 003-200-16 WRIGHT JOAN L 2/3 157-050-02 D&J INVESTMENTS LLC 157-050-08 GRAVES STEPHEN G & MARIA 157-070-03 GRAVES STEPHEN G & MARIA156-250-02CASTRO FRANCISCO& REBECCA157-160-03 MORENO JESUS & JUANITA I 157-130-04 KAEHLER ROGER L & AGNES E 157-070-04 ELLISON JIMMY 003-190-11 D&J INVST HULL 157-160-12 MINOR MATTHEW ISSAC & TALI 157-160-06 SANDERS JERRY 1/2 156-240-13 CITY OF UKIAH THE 001-040-02CAVALIN GREGORYG & LISA001-040-01 NIX JAMES R & ANNE M TTEES 001-041-01 WERRA ROBERT J & MARLENE T 001-040-83 HULL DAVID J TTEE 157-050-11 D&J INVESTMENTS LLC 156-250-01 WILDBERGER BONNIE L TTEE 1 156-240-01 WILDBERGER BONNIE L TTEE 1 003-190-08CITY OF UKIAH001-040-82 HUFF GRAYDEN DRAY 1/2 003-190-13D&J INVESTMENTS LLC μ 1:18,000 01,400700Feet 00.250.125 Miles MENDOCINO COUNTY PLANNING DEPARTMENT- 6/3/2022City Limits ľ ľ ľ ľ ľ ľľ 2021 Western Hills Annexation parcels "Clean up parcels" added during City's General Plan Update Additional parcel proposed for inclusion (Revised Project, 2023) Ukiah Western Hills Annexation Area Map 157-050-04TSD&J INVESTMENTLLC157-060-02D&J INVESTMENTSLLC157-060-03 CITY OF UKIAHUKIAH 003-190-14 157-050-01 BENGSTON TTEE DAVID A 157 030 03157-030-03 HULL DAVIDJ157-030-02D&JINVESTMENTS LLC157-070-05 D & J INVESTMENTS LLC 157-050-03 CITY OF UKIAH 157-050-09 D&J INVESTMENTS LLC 157-050-02 D&J INVESTMENTS LLC 001-040-83 HULL DAVID J TTEE 157-050-11 D&J INVESTMENTS LLC 003-190-13D&J INVESTMENTSVV LLC ľľľ ľľľ 001-041-01 WERRA ROBERT J & MARLENE T ľľ ľľ ľľ ľľľľľľľ ľľľ003-190-11 D&J INVST HULL ATTACHMENT A Page 69 of 93 LOW GA P R O A D NORGARD L A N E US 101NORTHSTATESTREETLAURELAVENUESANFORD RANCH ROADWEST CLAY STRE E T OA KKNOLLROADEAST GOBBI STREET PLANT ROADSOUTHSTATESTREET VI CHYHILLS D RIV E SOUTH DORA STREETKNOB H ILL ROAD W ASHODRI VEBRUSH STREET PARDUCCIROAD OLD RIVERROADCARRIGANLANEEMPIRE DRIVE SH 222 MASONITE INDUSTRIAL ROAD WASHINGTON AVENUE W A L N U T A V E N U E KUNZL E R RANCH R O A D RIDGEROAD CLARA AVENUE DEER WOOD D R I V E MAZZONI STREETOBIN SON C REEKROAD SOUTHORCHARDAVENUESH253VICHYSPRINGSROADWESTSTANDLE Y S T R E E T TALMAGE ROAD LONG VALLE YRANCHROADKUKI LANE TEDFORD AVENUENORTH PINE STREET FRON TAGE ROAD D ORR SPRIN G S R O A D ZINFANDEL DRIVE FORD STREET C APPSL ANE NORTHBUSHSTREETMAPLEAVENUE BABCOCK LANEDESPINA DRIVETAYLOR DRIVELUCE AVENUE OAK MANOR DRIVELIVEO A K A V E N U E WILLOW AVENUE NORTHOAKSTRE ETBARTOLOMEIROADW H IT M O R E L A N EHELEN AVENUEELMSTREETNORTHSCHOOLSTREETFORD ROAD ME N DOC IN O DRI V E TOKAY AVENUE SOUTHOAKSTREETLESLI ESTREETCANYONDRI V E SOUTHMAI NSTREETW EST M IL L S T R E E T POMO DRIVELOCKWOOD DRIVEJ E F F E R S O N L A N E WEST CHURCH ST R E E T WABASH AVENUE LOVERS LANE M A L A G A D R I V E LAW S AVENUE F ER N C A N YO NDRIVE BISBYA V E N U E WEST PERKINS ST R E E T MEDICINEWAYCALV ERT D R IV E CHERRY STREET WEST SMITH STRE E T DO O L A N CA N Y O N D R IV EWEST STEPHENSO N S T R E E T COCHRANE AVENU E EASTCHURCH STREET QUAI L D RI V E GROVE AVENUE JONES STR E E T FIRC R E S T D R IV E LELAN D L ANE HENSLEY CREEK ROAD APPOLINARISDRIVERI VERSTREETT E H UACAN ROAD MC CLURE SUBDIVISION B L U E B O N N E T L A NEDONN E R LANE EL DORAD O R O A D F R E IT A S A V E N U E WAUGHLANEEASTLICKSTREET COMMERCE DRIVE AIRPORT ROADYOK A YOTRIBE RANCHR OA DDORA AVENUE FOSTER LANE FRACCHI A R O A D WILDW O O D RO ADT W ININ G RO AD FAW N WOOD DRIV E C H A T EAUP LACE CAROUSELLANE L ORRAINESTREETS T IP P L A N EAIRPORTPARKBOULEVARDHASTINGSAVENUE GOBALET LANE ELRO B LEROADW OO D L A K E D RIVESPANIS H C A NYOND R I V EKIN G RIDGE R O A D T I NDALL RANCH ROAD PARK C R E E K L A N E CRESTVIEW DR IVE 0 0.5 10.25 Miles This map is a guide. Every reasonable effort has been made to ensure the accuracy of the map and data provided. Parcel lines are not intended to represent surveyed data. UKIAH GENERAL PLAN - 2040 Land Use Diagram Railroad Tracks Annexation Areas Ukiah City Limit Proposed Planning Area Hillside Residential Rural Residential Low Density Residential Medium Density Residential High Density Residential Downtown Core Mixed Use: Brush Street Mixed Use: AIP-PD Neighborhood Commercial Community Commercial Highway Commercial Industrial Public Recreational Open Space Agriculture Document Path: S:\Public Works\Stricklin, Andrew\GIS Maps\GIS\Projects\Planning\General Plan 2040.mxd Date Saved: 11/22/2022 3:46:57 PM Kristine Lawler City Clerk Date ATTEST: Mari Rodin Mayor Date CITY OF UKIAH LAND USE MAP This is to certify that this is the official Land Use Map of the City of Ukiah adopted in part by the ordinances listed below. December 29, 2022 December 29, 2022 Page 70 of 93 IR+r-lt6.!L,o.E J rr*E;IgE H rH.H{n*i '.1 H 6Es nIE E;; I IIHo1Jaob\!trxI'i :"3;:l--I----'ti!q*,tHL: Id '.5 Re8Rq<i!: "r g:E qoEEU.qP&**Ep{ EN8a_2 I I ---------l L-__-_----- 3IDE srE$e o.e'U IrE63E 'iS:S ; ;!$*s r:Fq ; $ x;g$ est s : .i s n a) Eo E L E -,8E $T *N;N oNai= +8Ei_ :Bs*t$qi (rL iN.r& 9P R=H 'o- qi= '+,$i $ d F =^e 0- 3 :EEN $E.ITN:o. !p< N q_ q- r) s\ 3J 3 FljE P=d q. a)-s q- ro\ sfiI h iN:& P=a =& E .,i B :$ 3I,. xdd r (E |lrl.q. sP o-q 3 q*'lr hiNB[, P=3 d I i Type text hereATTACHMENT B2023Page 71 of 93 ATTACHMENT C Page 72 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah MITIGATION MONITORING REPORTING PROGRAM (as adopted for the “2021 Western Hills Project”) Potential Impact Mitigation Measure Implementation Responsibility Monitoring & Reporting Responsibility Timing Date Implemented Construction and ground disturbing activities could result in short- term impacts to air quality. AQ-1: Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles: a.Any stationary onsite diesel IC engines 50 horsepower or greater (i.e. large power generators or pumps) or any propane or natural gas engines 250 horsepower or greater may require a permit from the District. b.Portable diesel powered equipment that may be used during the proposed project are required to be registered with the state Portable Equipment Registration Program (PERP) or obtain permits from the District. c.Projects located adjacent to sensitive receptors (schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.) during the construction phase of this project have the potential for exposure to diesel particulate. d.Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is limited to less than 5 minutes. Developer Developer During construction and ground disturbing activities AQ-2: Grading Projects- During Construction-All grading activities must comply with the following fugitive dust mitigation measures in accordance with District Regulation 1, Rule 1-430: a.All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions. Developer Developer During construction and ground disturbing activities ATTACHMENT D Page 73 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah b. All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of 10 mph. c. Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed. d. Asphalt, oil, water, or suitable chemicals shall be applied on materials stockpiles, and other surfaces that can give rise airborne dusts. e. All earthmoving activities shall cease when sustained winds exceed 15 mph. f. The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours. g. The operator shall keep a daily log of activities to control fugitive dust. h. For projects greater than one acre or one mile of road not located within a Naturally Occurring Asbestos Area, prior to starting any construction the applicant is required to: 1. Submit a Large Area Grading permit application to the District. 2. Obtain a final determination from the Air Quality Management District as to the need for an Asbestos Dust Mitigation Plan and/or Geologic Survey to comply with CCR sections 93106 and 93105 relating to Naturally Occurring Asbestos. 3. Obtain written verification from the District stating that the project is in compliance with State and Local regulations relating to Naturally Occurring Asbestos. 4. If the project is located within a Naturally Occurring Asbestos Area, additional mitigations shall be required. Page 74 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah AQ-3: Property Development-Prior to starting any construction, the applicant is required to: a. Obtain a Property Development Permit from the District for any open outdoor burning. b. Obtain a Grading Permit, if applicable. c. Confirm whether the project is in a Naturally Occurring Asbestos Area, and follow additional MCAQMD recommendations, if applicable. d. Consider alternate means of disposal other than open burning, such as cutting the majority of the larger material up as firewood, and chipping smaller material, if feasible to mitigate impacts from open outdoor burning. e. Obtain written verification from the MCAQMD stating that the project is in compliance with State and Local regulations. Developer Developer Prior to construction Biological Resources Construction and ground disturbing activities could result in impacts to sensitive plant species BIO-1: Special-Status Plants. Full USFWS protocol-level sensitive plant species surveys for Mendocino tarplant, congested headed hayfield tarplant, bristly leptosiphon, broad-lobed leptosiphon, redwood lily, green monardella, white- flowered rein orchid, Mayacamas popcornflower, beaked tracyina, showy Indian clover, and oval- leaved viburnum within the blooming period (generally March-August) shall be conducted prior to any ground disturbing activities to verify the presence of special status plants, and identify additional mitigation if needed, to ensure that the project will not result in a significant impact. Qualified Biologist Developer Prior to ground disturbing activities Page 75 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Construction and ground disturbing activities could impact Red-belly newt and their habitat BIO-2: Red-belly newt. A qualified biologist shall survey the area prior to any groundbreaking activities to determine the presence of Red-belly newt, and identify additional avoidance measures, if needed. Qualified Biologist Developer Prior to ground disturbing activities Construction, vegetation removal, and ground disturbing activities could impact nesting birds and their habitat BIO-3: Nesting Birds. Pre-construction surveys shall be conducted prior to any vegetation removal or ground disturbing activities occurring between March 1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for any purpose until all fledglings have left the nest. Qualified Biologist Developer Prior to vegetation removal or ground disturbing activities between March 1 and August 31 Construction and ground disturbing activities could impact special- status insects and their habitat BIO-4: Special-Status Insects. A qualified biologist shall survey the area prior to any groundbreaking activities to determine the presence of special-status insect species and identify additional avoidance measures if needed. If a special-status insect nests are observed, active nests shall not be removed, relocated, or otherwise disturbed until the nest becomes inactive. Qualified Biologist Developer Prior to ground disturbing activities Construction and ground disturbing activities could impact special- status mammals and their habitat BIO-5: Special-Status Mammals. Pre-construction surveys shall be conducted prior to any vegetation removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor, grease stained cavities) around trees or structures, pre-construction bat surveys shall be conducted by a qualified biologist for activities that may affect bat roosting habitat and den sites. Qualified Biologist Developer Prior to ground disturbing activities Page 76 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Cultural Resources and Tribal Cultural Resources Ground disturbing activities have the potential for accidental discovery of unknown, undiscovered cultural resources and tribal cultural resources CUL-1: Unanticipated Discovery. If previously unidentified cultural, historic, palentologic or archeologic resources are encountered during project implementation, altering the materials and their stratigraphic context shall be avoided and work shall halt immediately. A qualified professional archaeologist shall be contacted to evaluate the resource and methods necessary to protect it. Project personnel shall not collect, move, or disturb cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat- affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. Qualified archaeologist Developer During ground disturbing activities Ground disturbing activities have the potential for accidental discovery of unknown Native American remains CUL-2: Encountering Native American Remains. If human remains are encountered during ground disturbing activities, all work shall stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist shall be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” can be designated and further recommendations regarding treatment of the remains will be provided. Qualified archaeologist Developer During ground disturbing activities Page 77 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Geology and Soils Ground disturbing activities could result in impacts associated with erosion, the loss of topsoil and landslides if not properly designed Incorporation of Mitigation Measure CUL-1 Qualified archaeologist Developer During ground disturbing activities GEO-1: The Project shall comply with the erosion and design standards outlined in Chapter 7 of the Ukiah City Code. Prior to any ground disturbance, erosion and sediment control plans shall be submitted to the Public Works and Community Development Departments for review and approval. Said plans shall protect against soil erosion and runoff through the implementation of appropriate Best Management Practices (BMPs). Typical BMPs include the placement of straw, mulch, seeding, straw wattles, silt fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area. Developer Developer Prior to any ground disturbance and throughout construction activities; ongoing as needed to control erosion Hazards and Hazardous Materials Project construction could result in a hazard to the public or the environment if the incidental use of petroleum hydrocarbons (fuel, oil) in tools used during construction were to lead to HAZ-1: The developer shall establish and implement construction site management practices that will prevent toxic materials and other debris from entering the City’s storm drainage and waterway systems, including: a) There shall be no storage of hazardous materials at the Project Site; b) The developer shall provide adequate materials management, including covering, securing, and segregating potentially toxic materials (grease, oils, fuel, solvents, etc.); and Developer Developer During construction Page 78 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah accidental leaks or spills in or around the work area c) The developer shall maintain supplies on-hand to contain spills of oil and any other hazardous materials used on-site. Construction of the Project may involve the use of gasoline- powered tools and equipment potentially introducing new temporary sources of ignition that could increase fire risk. HAZ-2: Should portable gasoline-powered equipment be used on site, the following firesafe precautions shall be taken: a) Spark arresters are required on all portable gasoline-powered equipment. b) Equipment shall be maintained in good working condition, with exhaust systems and spark arresters in proper working order and free of carbon buildup. c) Fuel the equipment in a safe place where spills can be contained and a fire extinguisher is nearby. Use the recommended gas/oil mixture and do not top off. Use a funnel or spout for pouring. Wipe off any spills. d) Do not refuel running or hot equipment. Dispense fuel at least 10 feet from sources of ignition. e) Do not use equipment in areas of dry vegetation. Keep leaves and dry materials away from a hot muffler. f) No smoking or open flame allowed near gasoline-powered equipment. Developer Developer During construction 2021 approval202 Page 79 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Hydrology and Water Quality Ground disturbing activities and construction of the project would result in impervious surfaces that could impact water quality Implementation of Mitigation Measures GEO-1 and HAZ-1 Developer Developer Prior to and during construction ; ongoing as needed to control erosion Noise Ground disturbing activities and construction of the project would result in temporary noise impacts NOI-1: Prior to building permit or grading permit issuance, the developer shall comply with the following: a. Construction contracts shall specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state-required noise attenuation devices. b. Construction haul routes shall be designed to avoid or lessen impacts to noise-sensitive uses (e.g., residences, schools, convalescent homes), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Per the City’s Noise Ordinance, construction shall not take place outside of the hours of 7:00 a.m. to 7:00 p.m. Developer Developer Prior to issuance of building or grading permits, and during construction Page 80 of 93 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah Utilities and Service Systems City sewer, water and electric utilities would be extended to the area which could result in physical impacts to the environment Implementation of BIO-1 through BIO-5, and GEO- 1. See BIO-1 through BIO-5 and GEO-1 See BIO-1 through BIO-5 and GEO-1 See BIO-1 through BIO-5 and GEO-1 Wildfire Construction of the Project may involve the use of gasoline- powered equipment and machinery, potentially introducing new sources of ignition that could increase fire risk Implementation of Mitigation Measure HAZ-2 Developer Developer During construction Page 81 of 93 1 ORDINANCE NO. 1217 UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH TO PREZONE CERTAIN PARCELS IN ASSOCIATION WITH THE WESTERN HILLS OPEN LAND ACQUISITION AND LIMITED DEVELOPMENT AGREEMENT PROJECT. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1. The City proposes to acquire and annex approximately 707 acres total, including the “Hull Properties” (APNs 001-040-83, 157-070-01, 157-070-02, 003-190-01, 157- 050-09, 157- 060-02, 157-050-02, 157-050-04, 157-050-01, 157-030-02, 157- 030- 03, 157-050-11 & 157- 050-12),the “Noguera Properties” (APNs 003-190-09 & 003- 110-90) and the City-owned Donation Parcel” (APNs 157-050-03,157-060-003) in the Western Hills for open space preservation, while allowing the potential for future low-density residential development on the approximately 54 easternmost acres (“Development Parcels”), consistent with existing development in the Western Hills within the City of Ukiah limits; and 2. Government Code Section 65859 allows the City to adopt a zoning district for land outside of the city limits in anticipation of annexation and development, i.e. prezone. 3. Government Code Section 56742 allows the City to annex parcels that are not located within the City's Sphere of Influence (“SOI”), provided that those parcels are located in the County of Mendocino, less than 300 acres, owned by the City, and used for municipal purposes at the time of the annexation application. SECTION TWO. The City Council of the City of Ukiah hereby ordains that: 1. The City will apply to annex approximately 640 acres total referred to as the Conservation Parcels”, for open space and conservation. The Conservation Parcels will be pre-zoned with a Public Facilities (PF) zoning designation, which encompasses lands within the City that contain open space and parks, as well as other public facilities. Approximately 343 acres of the Conservation Parcels are located within the City’s SOI and 296 acres outside of it. 2. The proposed Development Parcels (totaling approximately 54 acres) will be zoned to Single-Family Residential-Hillside Overlay District (R1-H) with a General Plan Designation of Low Density Residential (LDR), consistent with adjacent City zoning and development patterns in the Western Hills. In addition, the Noguera Properties will be zoned R1-H for consistency with surrounding zoning and land uses. 3. A map of the affected territories is set forth in Exhibit A, and the parcel configuration, intended use, and proposed prezoning of the affected territories are set forth in Exhibit B, attached hereto and by reference incorporated herein. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. ATTACHMENT E Page 82 of 93 2 2. Effective Date: Section 2 and 3 of this ordinance shall become effective as of the date that the annexation of the Conservation Parcels, Development Parcels, and Noguera Properties becomes final. Introduced by title only on September 15, 2021, by the following roll call vote: AYES: Councilmembers Rodin, Duenas, Brown, and Mayor Orozco NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on October 6, 2021, by the following roll call vote: AYES: Councilmembers Duenas, Brown, and Mayor Orozco NOES: None ABSENT: Councilmembers Crane and Rodin ABSTAIN: None Juan V. Orozco, Mayor ATTEST: Kristine Lawler, City Clerk Page 83 of 93 (2021 Approval) Page 84 of 93 k, E E;I.fitHN-SE;r$;iTs:tq..EB€E '.,6E!9ofEq\$oRIIEo*)EqI\0'ii*)h' lx.x r{ I I t I I I I I I I I I I I I I I I I I I I t* r.YE fibi o-\ f N s f{ dq:Br d$E't$ o B etr .t) tNse$ b" ES8frE&ts $ tB t^. bIr.S a-oBs so{ q o0bEo b u=$Hn ii$-* 5 a'".€*\ RSNrtf, ti$ n fc$* N EsSR 2021 approval Page 85 of 93 Proposed Parcel Configuration & Prezoning for Western Hills (Hull Properties) Open Land Acquisition & Limited Development Agreement Project Sphere of Influence Conservation Parcels” (640ac) with Public Facilities (PF) Prezoning Development Parcels (54ac) with Single-Family Residential- Hillside Overlay District (R1-H) Prezoning Last revised June 2, 2021 Figure 3 Proposed Parcel Configuration & Prezoning Exhibit B(2021 Approval) Page 86 of 93 EXHIBIT B- ANNEXATION PARCELS AND PREZONING Assessor’s Parcel Number APN) Existing Size acres) Proposed Size acres) through Lot Line Adjustments1 Resulting Parcel Configuration, Intended Use and Proposed Prezoning 001-040-83 77.6 9.8 Parcel 1 will become a Development Parcel intended for single family housing and prezoned R1-H. 157-070 01, 157-070-02, 003-190-01 & 157-050-09 148.2 5.1 Parcel 2 on Existing Conditions Tentative Map, contains several APNs but is one legal parcel (149 acres total). This parcel will become a Development Parcel intended for single-family housing and prezoned R1-H. 157-050-11 40.0 9.9 Parcel 3 will become a Development Parcel intended for single-family housing and prezoned R1-H. 157-050-02 40.5 9.0 Parcel 4 will become a Development Parcel intended for single-family housing and prezoned R1-H. 157-050-01 40.3 5.0 Parcel 5 will become a Development Parcel intended for single-family housing and prezoned R1-H. 157-030-02 20.0 9.7 Parcel 6 will become a Development Parcel intended for single-family housing and prezoned R1-H. 157-050-12 40.0 5.0 Parcel 7 will become a Development Parcel intended for single-family housing and prezoned R1-H. 157-050-04 & 157-060-02 38.7 391.5 Parcel 8 will become a Conservation Parcel and be prezoned PF. The proposed water tanks will be placed on this parcel within the existing water tank pad site (on existing Parcel 2). 157-030-03 60.0 60.0 Parcel 9 is an Conservation Parcel and will prezoned PF. 157-030-03 & 157-060-03 188.5 188.5 Parcel 10 (City-owned “Donation Parcel”) will become a Conservation Parcel and will be prezoned PF. Noguera Properties” 003-190-09 & 003-110-90 10.20 4.14 10.20 4.14 These parcels contain the existing access road that will be improved but remain under private ownership. It will be included in the annexation proposal and prezoned R1-H, consistent with surrounding zoning and land uses, but no development is proposed; this parcel is not included in the Lot Line Adjustment. TOTAL +/- 707 acres 1 Resulting parcel configuration is subject to change but the Development Parcel area footprint and number of resulting parcels will remain the same. (2021 Approval) Page 87 of 93 10/31/23, 1:23 PM Ukiah Western Hills Open Land Acquisition & LDA ISMND https://ceqanet.opr.ca.gov/2021040428/2 1/3 Ukiah Western Hills Open Land Acquisition & LDA ISMND Summary Contact Information Location SCH Number 2021040428 Lead Agency City of Ukiah Document Title Ukiah Western Hills Open Land Acquisition & LDA ISMND Document Type NOD - Notice of Determination Received 9/27/2021 Posted 9/27/2021 Document Description 1) Acquisition and annexation of approx. 707 acres for open space and limited develop- ment; 2) Pre-zoning of the parcels; 3) Sequential Lot Line Adjustments to reconfigure parcels into seven lots for future development; 4) Development Agreement between the City and Hull Properties restricting development to one single-family residence and one accessor y dwelling unit (total of 14 units on 54ac); and 5) Site improvements (ex- tension of utilities, road improvements, construction of water tanks). Name Michelle Irace Agency Name City of Ukiah Contact Types Lead/Public Agency Address 300 Seminary Ave. Ukiah , CA 95482 Phone (707) 463-6268 Email mirace@cityofukiah.com Cities Ukiah Counties Mendocino Regions Citywide, Countywide, Northern California Cross Streets Redwood Avenue Page 88 of 93 10/31/23, 1:23 PM Ukiah Western Hills Open Land Acquisition & LDA ISMND https://ceqanet.opr.ca.gov/2021040428/2 2/3 Notice of Determination Determinations Attachments Disclaimer: The Governorʼs Oice of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a dierent format, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via Zip 95482 Total Acres 707 Parcel #several State Highways Highway 101 Airports Ukiah Municipal Airport Approving Agency Ukiah City Council Approving Agency Role Lead Agency Approved On 9/15/2021 County Clerk Mendocino Final Environmental Document Available at https://www.cityofukiah.com/ceqa-review/ or 300 Seminar y Ave., Ukiah CA, 95482 (1) The project will have a significant impact on the environment No (2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA No (2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA Yes (2c) An other document type was prepared for this project pursuant to the provisions of CEQA No (3) Mitigated measures were made a condition of the approval of the project Yes (4) A mitigation reporting or monitoring plan was adopted for this project Yes (5) A Statement of Overriding Considerations was adopted for this project No (6) Findings were made pursuant to the provisions of CEQA Yes Notice of Determination Western Hills ISMND NOD PDF 473 K Page 89 of 93 CONFORMED COPY Copy of Document Recorded on 09/22/2021 09:25:41 A.M. as 2021-E00808 Mendocino County Clerk-Recorder Notice of Determination To: From: [!] Office of Planningand Research Public Agency: City of Ukiah ______ _ Address: 300Seminary Ave. U.S. Mail: Street Address: Ukiah, CA, 95482 P.O. Box 3044 1400 Tenth St., Rm 113 Sacramento, CA 95812-3044 Sacramento, CA 95814 Contact: Michelle Irace, Planning Manag er Phone: 707-463-6268 mirace@cityofukiah.com [!] County Clerk County of: Mendocino Lead Agency (if different from above): Address: 501 Low Gap Rd# 1020 Ukiah, CA 95482 Address: Contact: _____________ _ Phone: _____________ _ SUBJECT:Filling of Notice of Determination Incompliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): 2021040428_______ _ Project Title: UkiahWestern Hills Open Land Acquisition and Limited Development Agreement Project Project Applicant: City of Ukiah _________________ _ Project Location (include county): approx. 707 acres in unincorporated Mendocino County Project Description: 1) Acquisition and annexation of approx. 707 acres for open space and limited development; 2) Prezoning of the parcels; 3) Sequential Lot Line Adjustments to reconfigure parcels into seven lots for future development; 4) Development Agreement between the City and HullProperties restricting developmentto one single-family residence and one accessory dwelling unit (total of 14 units on 54ac); and 5) Site improvements (extension of utilities, road improvements.construction of water tanks). a This is to advise that the Ukiah City Council has approved the above Lead Agency or D Responsible Agency) described project on 9/15/21 (date) and has made the following determinations regarding the above described project. 1. The project willl will not] have a significant effect on the environment. 2. D An Environemtnal Impact Report was prepared for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were D were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was D was not] adopted for this project. 5. A statement of Overriding Considerations [0 was was not) adopted for this project. 6. Findings were were not] made pursuant to the provisions of CEQA. This is to certify that the final EIRwith comments and responses and record of project approval, or the negative Declaration, is available to the General Public at: httes:l/www.cityofukiah.com/ceqa-review/ or 300 Seminary Ave., Ukiah, CA, 95482 Signature (Public Planning Manager Date: 4 12.o /2: l Date Received for filing at OPR:-------- Authority cited: Sections 21083 Public Resources Code. Reference Section 21000-21174, Public Resources Code . Revised 2011 Page 90 of 93 Nov. 2, 2023 City of Ukiah Planning Commission Ukiah Civic Center 300 Seminary Ave Ukiah, CA Subject: Recommendation to the City Council for Approval of an Amendment of the Western Hills Annexation Area… (Item 13, Nov 8, Planning Commission Meeting) Honorable Planning Commission Members, We live at 345 San Jacinta Drive which is in close proximity to the proposed project. We are also active in the Western Hills Fire Safe Council and I serve as the current chair. The project area is in a very high fire hazard severity zone. In 2005, the Mendocino County Fire Chiefs’ Association, including the California Department of Forestry and Fire Protection (now Cal Fire) published a report, the Mendocino County Wildfire Protection Plan. On page 86 in reference to the western hills of Ukiah, the report states the following: “These hills have experienced large-scale fires since the turn of the century, with major fires occurring in 1950 and 1959. The City of Ukiah’s encroachment into these hills since then has created the significant probability of a very destructive wildland interface fire.” We expressed concern about the fire risks in the original report in 2021. Now, with this proposed development and some additional development, we want to express our opposition to the project. This further encroachment in the western hills is precisely what the fire authorities warned us about in 2005. Their warning should not be ignored. The amendment will allow three additional parcels with a potential for six residences in a very high fire hazard severity zone. The city needs to take a stand and say no more development in the western hills. In addition to the seven parcels created earlier and the three proposed parcels, the City of Ukiah traded two parcels at the end of San Jacinta Drive to Dave Hull as part of the earlier agreement. These parcels were not included in the original study and they are within the city limits, so they are not part of the amended annexation. However, the two parcels are adjacent to the proposed subject 40 acre parcel with the three new residential parcels. The two parcels at the end of San Jacinta Drive are currently for sale with building plans for single family residences and Accessory Dwelling Units. These parcels are also in the very high fire hazard severity zone. That would mean a total of 12 residential parcels are being created in the western hills with a potential of 24 residences. Adding this many homes in a very high fire risk area seems excessive and poses a fire threat to nearby neighborhoods and to the city in general. The trade-off for obtaining 25 acres of additional open space (out of nearly 800 acres) does not seem worth it. We understand that the property owner of the 40 acre parcel can still build on their property if the city does not approve the amended project. But it would be one residence instead of three. If Page 91 of 93 that is the case the city or county should make sure that all fire safety measures, including road standards, are in place. Attachment 3 (Project Maps and Figures), page 4 of 4, refers to an existing easement on Redwood Avenue. Is that the proposed access for the three proposed residential parcels? It seems that additional traffic would be an issue for Redwood Avenue. The two parcels at the end of San Jacinta Drive that Dave Hull owns and are for sale, will use a driveway via an easement through our property on San Jacinta Drive. The driveway is narrow and has a sharp turn that would make ingress for fire trucks and egress for evacuation a severe issue. The three proposed parcels should not be allowed to propose San Jacinta Drive as their access. We hope the Planning Commission considers this case and public concerns seriously and rejects this project. If not, what guarantees do we have that we will not see additional amendments for more residences in the future. It is time to say no. Thank you for your consideration. John and Delynne Rogers 345 San Jacinta Drive, Ukiah Page 92 of 93 From:Dennis Dill To:Planning Division Subject:40 acre parcel addition to Western Hills annexation. Date:Monday, November 6, 2023 6:15:46 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi I am very concerned about the breakup of this parcel with three additional small parcels in an environmentally sensitive area. Do these parcels include the stunning grove of Douglas fir? This plan is in direct conflict with the stated purposes of the Western Hills annexations (open space, public purposes, wildfire protection) It calls for the city to invest in one. person's financial benefit. Thanks Dennis Dill 707 9727549 Parcel number 0032001300 625 Doolan Canyon Dr. Page 93 of 93