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Home My WebLink AboutCC Reso 2024-27 - Application for Western Hills Annexation RESOLUTION NO. 2024-27 RESOLUTION OF APPLICATION OF THE CITY COUNCIL OF THE CITY OF UKIAH FOR THE WESTERN HILLS ANNEXATION AREA, PREZONING FOR THE UKIAH WESTERN HILLS WESTERN HILLS ANNEXATION AND SPHERE OF INFLUENCE AMENDMENT APPLICATION (LAFCO FILE NO. A-2022-02) WHEREAS: 1. On January 16, 2020, the Ukiah City Council adopted an Annexation Policy (Resolution No. 2020-06) stating that the City will pursue, apply for, and support the annexation of unincorporated areas to the City to avoid the negative consequences of continued urban sprawl and to ensure the efficient provision of municipal services to unincorporated areas without placing an undue financial burden on the City or its residents; and 2. On October 6, 2021, the City Council adopted Ordinance No. 1217, approving the Ukiah Western Hills Open Land Acquisition & Limited Development Project("2021 Western Hills Project") to facilitate the acquisition, annexation prezoning, and certification of the associated Initial Study and Mitigated Negative Declaration (ISMND; SCH No. 2021040428); ands 3. On March 2, 2022, the City Council approved the Limited Development Agreement and Property Exchange (COU No. 2122-201), and a Road, Access and Maintenance Agreement (COU No. 2122-200) to facilitate the Project; and 4. On June 8, 2022, the City of Ukiah applied for annexation of the "2021 Western Hills Project" area to the Mendocino County Local Agency Formation Commission (LAFCo). The application was assigned File No. A-2022-02, and included several unrelated, privately-owned parcels (referred to as the "Clean Up/Correction Parcels") to inform deliberate, correct and appropriate boundaries for the City of Ukiah. Some of these parcels span both City and County jurisdiction. The City proposes to annex them to rectify ongoing jurisdictional considerations and to prevent the creation of an unincorporated island; and 5. On December 7, 2022, the City Council adopted Resolution No. 2022-78 and Resolution No. 79, adopting the City's 2040 General Plan and certifying the associated Environmental Impact Report (EIR; SCH No. 2022050556). The 2040 General Plan and EIR identify the Western Hills Annexation Area as one of the three geographies that the City evaluated and intends to pursue for annexation. Under this environmental review, the "Clean-Up Parcels" were analyzed and included, bringing the total Western Hills Annexation Area to 752 acres at that time; and 6. On December 19, 2022, LAFCo approved the City' s Ukiah Municipal Service Review (MSR) and Sphere of Influence (SOI) Update; and 7. In 2023, an additional t40-acre parcel (APN 003-190-11) directly adjacent to the Western Hills Annexation Area and City's western boundary became available for purchase that was strategically critical to address access considerations and preserve additional open- space; and Page 1 of 3 8. On December 6, 2023, the City of Ukiah adopted Resolution No. 2023-42 to facilitate the purchase and prezoning of APN 003-190-11, as well as to facilitate revisions to LAFCo File. No. A-2022-02 to include a Sphere of Influence (SOI) Amendment; and 9. Pursuant to Section 15164 of the CEQA Guidelines, an Addendum to the adopted MND was prepared and adopted by the City of Ukiah as minor changes or additions were 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 occurred or were identified; and 10. On March 14, 2024, City of Ukiah Staff submitted the revised application to LAFCo; and 11. On April 19, 2024, LAFCo provided the City of Ukiah with an 'Incomplete Letter' which requires the City to further codify actions previously approved by the City Council, including adoption of an amended ordinance to effectively prezone all parcels identified for annexation, as well as a revised Resolution of Application to address other considerations identified by LAFCo, such as the need to apply a General Plan Land Use Designation for APN 003-190-11; and 12. An amendment to Resolution 2023-42 is required to address considerations identified in the Mendocino LAFCo Incomplete Letter dated April 19, 2024 that the City provide general plan designations and clarify associated exhibits required by California Government Code for the requested annexation and Sphere of Influence Amendment. No changes to the application or project are requested or required. NOW, THEREFORE, BE IT RESOLVED AND ORDERED: 1. This annexation and Sphere of Influence Amendment request is made, and it is requested that proceedings be taken, pursuant to the Cortese/ Knox/ Hertzberg Local Government Reorganization Act of 2000, commencing with section 56000 of the California Government Code, specifically Government Code § 56654(a). 2. This proposal is an annexation and Sphere of Influence Amendment (SOI) to the City of Ukiah. 3. Legal descriptions of the affected territories are set forth in Exhibit C, and a list of parcels and maps of the affected territories are set forth in Exhibits A& B, attached hereto and by reference incorporated herein. 4. The additional parcel to be annexed is a t40acre uninhabited parcel that is contiguous to the existing Western Hills Annexation Area and City limits, resulting in a total annexation area of approximately 792 acres. 5. APN 003-190-11 is not located within the City' s SOI, but is adjacent to the existing City limits and is included in the City's Planning Area. 6. The City proposes to prezone APN 003-190-11 a combination of Public Facilities (PF) and Low-Density Residential - Hillside (R1- H), as described in Exhibit A and depicted on the prezoning map in Exhibit B. As visually conveyed on Exhibit B, the portion of the parcel proposed or associated with residential development is prezoned Low-Density Residential Page 2 of 3 Hillside Overlay (RI-H) and features a Hillside Residential (HR) General Plan— Land Use Designation;the portion of the parcel proposed for public uses is prezoned Public Facilities (PF) and features a General Plan — Land Use Designation: Public (P). 7. In accordance with CEQA Guidelines Sections 15162 through 15164, an Addendum to the 2021 Western Hills Project ISMND (SCH No: 2021040428) was previously prepared by the City of Ukiah Community Development Department, Planning Division. 8. As discussed in the Planning Commission Staff Report and Addendum, none of the criteria noted in CEQA Guidelines 15162 have occurred, and only minor changes are necessary in order to deem the Addendum to the certified MND adequate. Specifically, there are no substantial changes proposed that require major revisions of the 2021 MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Addendum incorporates mitigation identified in the 2021 MND to reduce all impacts to a less than significant level. No new impacts that were not previously discussed in the 2021 MND were identified. 9. As discussed throughout the Addendum, staff reports and associated documents, the proposal and associated actions are consistent with the City's General Plan, Zoning Code, as well as the Government Code and LAFCo policies related to annexation. 10. On December 6, 2023, the City Council approved the Western Hills Annexation area amendment, prezoning and associated action, adopting the Addendum (and associated Mitigation Monitoring Reporting Program) to the 2021 Western Hills Project ISMND (SCH No: 2021040428). 11. Once the territory is annexed by the City, it will be subject to the Master Tax Share Agreement as adopted by the County of Mendocino on June 5, 2024 and the City of Ukiah on June 19, 2024. PASSED AND ADOPTED this 19t" day of June 2024, by the following roll call vote: AYES: Councilmembers Rodin, Orozco, Crane, and Mayor Duenas NOES: None ABSENT: Councilmember Sher ABSTAIN: None r" os i enas, Maybr ATTEST: I Kristine Lawler, CMCICity Clerk Exhibit A: List of Parcels Exhibit B: Prezone & General Plan Designation Map Exhibit C: A-2022-02 Legal Description & Plats — Updated (June 2024) Page 3 of 3