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HomeMy WebLinkAbout2025-07-23 PC PacketPage 1 of 3 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 or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/83128884939 Or you can call in using your telephone only: • Call (toll free) 1-888-788-0099 • Enter the Access Code: 831 2888 4939 • To Raise Hand enter *9 • To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. July 23, 2025 - 6:00 PM 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 5. APPROVAL OF MINUTES 5.a. Approval of the Minutes of July 9, 2025, a Regular Meeting. Recommended Action: Approve the Minutes of July 9 2025, a Regular Meeting. Attachments: 1. 2025-07-09 PC Draft Minutes 6. 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 appears and states 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 [date]. 7. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Planning Commission when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the Planning Commission, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes Page 1 of 108 Page 2 of 3 per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. SITE VISIT VERIFICATION 9. VERIFICATION OF NOTICE 10. PLANNING COMMISSIONERS REPORT 11. DIRECTOR'S REPORT 11.a. Receive Director's Report. Recommended Action: Receive Community Development Director's July 2025 Report and discussion questions with Staff. Attachments: 1. Planning Division Projects Report - 07-01-25 12. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the Planning Commission. Items may be removed from the Consent Calendar upon request of a Commissioner or a citizen in which even the item will be considered at the completion of all other items on the agenda. The motion by the Commission on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or the Commission recommendations. 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.a. Introductions and Oaths of Office for the New Commissioners. Recommended Action: The new Commissioners will introduce themselves and the Deputy City Clerk will Administer the Oaths of Office. Attachments: None 14.b. Adoption of Resolution Amending the Planning Commission Rules of Conduct to Change the Meeting Start Time to 5:15 p.m. Recommended Action: Adopt the Resolution amending the Planning Commission Rules of Conduct to change the meeting start time to 5:15 p.m. Attachments: 1. Resolution 14.c. Receive New Planning Commissioner Orientation Presentation and Discuss Questions with Staff. Recommended Action: Receive new Planning Commissioner Orientation presentation and discuss questions with Staff. Attachments: 1. Planning Commission Orientation updated 7-17-25 2. 2025 Planning Commission Training Materials 15. 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 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. Page 2 of 108 Page 3 of 3 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. Kristine Lawler, City Clerk Dated: 7/17/25 Page 3 of 108 Agenda Item 5a. Page 1 of 3 CITY OF UKIAH PLANNING COMMISSION MINUTES REGULAR – ADJOURNED MEETING Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 Virtual Meeting Link: https://us06web.zoom.us/j/83128884939 July 9, 2025 6:00 p.m. 1. CALL TO ORDER The City of Ukiah Planning Commission held a Regular-Adjourned Meeting on July 9, 2025. The meeting was legally noticed on June 19, 2025, for a June 25, 2025, meeting that was adjourned due to lack of a quorum to the next regular meeting date, which was subsequently noticed on July 2, 2025 . The meeting was held in person and at the following virtual link: https://us06web.zoom.us/j/83128884939. Chair de Grassi called the meeting to order at 6:00 p.m. CHAIR de GRASSI PRESIDING 2. ROLL CALL Roll was taken with the following Commissioners Present: Rick Johnson, Mark Hilliker, and Alex de Grassi (two vacancies are currently on the Planning Commission). Staff Present: Craig Schlatter, Community Development Director; Jesse Davis, Chief Planning Manager; Katherine Schaefers, Planning Manager; and Kristine Lawler, City Clerk; 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Hilliker. 4. AB 2449 NOTIFICATIONS AND CONSIDERATIONS No notifications or considerations received. 5. APPROVAL OF MINUTES a. Approval of the Minutes of June 11, 2025, a Regular Meeting. Motion/Second: Johnson/Hilliker to approve the minutes of the June 11, 2025, a Regular Meeting, with a correction as discussed. Motion carried by the following Roll Call votes: AYES: Johnson, Hilliker, and de Grassi. NOES: None. ABSENT: None. ABSTAIN: None. 6. APPEAL PROCESS Chair de Grassi stated the appeals deadline date is July 21, 2025. 7. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS Public Comment: Pinky Kushner regarding Agenda and Commissioner engagement with planning. Clerk noted that there was no public presence online at that time. 8. SITE VISIT VERIFICATION No site visit was necessary. Page 4 of 108 Minutes of the Ukiah Planning Commission July 9 2025, Continued: Page 2 of 3 9. VERIFICATION OF NOTICE Clerk noted that the agenda was properly noticed. 10. PLANNING COMMISSIONERS' REPORTS Presenters: Commissioner Johnson and Vice Chair Hilliker. 11. DIRECTOR’S REPORT Presenter: Craig Schlatter, Community Development Director. Public Comment: Pinky Kushner. Report was received. 12. CONSENT CALENDAR No items on the Consent Calendar. 13. UNFINISHED BUSINESS a. REMOVED BY STAFF AND CONTINUED TO A DATE NOT YET CERTAIN: Consider Providing Recommendations to the City Council for the Proposed Prezoning of Specific Parcels Identified for Annexation Within Unincorporated Mendocino County as part of the '2025 Ukiah Valley Reorganization'; Adoption of a General Plan Amendment to Incorporate the Ukiah Valley Area Plan (UVAP) as an ‘Area Plan’ of the City of Ukiah; Amendment of the City of Ukiah 2040 Land Use Element to Ensure Consistency with Existing Mendocino County Land Use Designations; and Adoption of an Ordinance Amending Existing City Zoning Regulations to Incorporate Applicable Provisions of Title 20, Division I of the Mendocino County Zoning Code. Chair de Grassi stated that Agenda item 13a had been continued to a date not yet certain and the item would be re-noticed once additional action was needed. 14. NEW BUSINESS a. Recommendation to the City Council on the Proposed Ordinance Amendment to Update the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations in Ukiah City Code Ensuring Compliance with State Law and the Findings of the California Department of Housing & Community Development. Presenters: Jesse Davis, Chief Planning Manager and Craig Schlatter, Community Development Director. Public Comment: William Jenkins. Motion/Second: Johnson/Hilliker to adopt a resolution (PC Reso 2025-02) recommending that the City Council approve an ordinance amending the Ukiah City Code to update the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit regulations ensuring compliance with State law and the Findings of the California Department of Housing & Community Development, and to include the following memorial comment of protest: Given the Pro-housing designation of the City, the consistency of meeting the City’s Housing Element requirements, and given the nature and growth projection of our rural community, the Planning Commission finds the new requirements from HCD State of California to be overly prescriptive. Motion carried by the following roll call votes: AYES: Johnson, Hilliker, and de Grassi. NOES: None. ABSENT: None. ABSTAIN: None. Page 5 of 108 Minutes of the Ukiah Planning Commission July 9 2025, Continued: Page 3 of 3 b. Recommendation to the City Council on the Proposed Ordinance Amendment to Establish an Administrative Use Permit Process, Reorganize Performance Standards, and Clarify Related Zoning and Animal Keeping Provisions in the Ukiah City Code. Presenters: Katherine Schaefers, Planning Manager; Craig Schlatter, Community Development Director; and Jesse Davis, Chief Planning Manager. Public Comment: Pinky Kushner; Pinky Kushner (speaking a second time). Motion by Commissioner Hilliker, which he subsequently retracted. Motion/Second: Johnson/Hilliker to adopt a resolution (PC Reso 2025-03) recommending that the City Council approve an ordinance amending the Ukiah City Code to establish an Administrative Use Permit process, reorganize and consolidate performance standards into Article 23 of Division 9, Chapter 2, clarify provisions related to animal keeping and zoning regulations, including listing 'Animals Within the City' as an allowed use in Section 9031 of the R-2 zoning district; [incorporate beekeeping and apiaries as an allowed use as discussed and recommended by the Planning Commission and determine the ordinance is exempt from CEQA under Section 15061(b)(3). Motion carried by the following roll call votes: AYES: Johnson, Hilliker, and de Grassi. NOES: None. ABSENT: None. ABSTAIN: None. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:03 P.M. ________________________ Kristine Lawler, City Clerk Page 6 of 108 Page 1 of 1 Agenda Item No: 11.a. MEETING DATE/TIME: 7/23/2025 ITEM NO: 2025-840 AGENDA SUMMARY REPORT SUBJECT: Receive Director's Report. DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, AICP ATTACHMENTS: 1. Planning Division Projects Report - 07-01-25 Summary: Planning Commission will receive the Community Development Director's Report and discuss questions with Staff. Background: Director's Reports are bi-monthly oral reports given by the Community Development Director on the status of projects, primarily within 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: • July 2025 Planning Division Projects Report (Attachment 1) o This is a monthly report produced on the first of each month. The July 2025 report and previous monthly reports are located on the Planning Division Services webpage, under "Current Planning Reports": https://cityofukiah.com/community-development/planning-services o Any updates since the July 1, 2025, Director's Report was published, including the oral report given by the Director at the July 9, 2025, regular meeting of the Planning Commission, will be provided verbally during the meeting. Recommended Action: Receive Community Development Director's July 2025 Report and discussion questions with Staff. Page 7 of 108 Permit #Site Address Date Submitted Summary of Project Status 17-3069 1294 N. State St. 7/11/23 Resubmitted Major Use Permit and Site Development Permit to allow for construction of two retail suites (including one drive-through), within the Community Commercial (C1) zoning district at the "Old Tackroom" location. Original submittal 9/13/17; initial DRB evaluation on January 25, 2018. Incomplete/awaiting applicant response. Design Review Board (DRB) hearing: 04/25/24 and recommended Approval to Planning Commission (PC). On 03/04/25, applicant revised application and plan materials were submitted to the attention of staff. PA24-000020/21 534 E. Perkins St. 12/23/24 Major Site Development Permit of APN 002-200-43 within the Pear Tree Center, approximately 150 feet west of the E. Perkins St./S. Orchard Ave. intersection. The proposal includes the construction of a ±1,700 sq. ft. Starbucks retail, operating as carry-out and drive-through only, with no interior dining, and a total gross building area, including the outdoor canopy, of approximately 2,885 sq. ft. Incomplete/awaiting applicant response. Received revised project scope request to eliminate the subdivision consideration on 01/23/25. City of Ukiah Submitted Planning Applications 7/1/2025 Page 1 of 5 ATTACHMENT 1 Page 8 of 108 General Plan Element Implementation Program Date Due Description Status / Comments Land Use E - Zoning Code Amendments 12/31/2025 Zoning districts and map consistency with the 2040 Land Use diagram. This Ordinance Amendment will facilitate the creation of an Open Space (O-S) zoning designation, as envisioned in the Ukiah 2040 General Plan. The designation seeks to preserve and manage areas of significant natural value, such as wildlife habitats, riparian corridors, creeks, and scenic resources, while supporting community resilience and sustainable land use practices. Staff has incorporated Planning Commission (PC) comments from first meeting. Final draft to be presented to PC for approval in July or August 2025. Land Use E - Zoning Code Amendments 12/31/2025 Zoning amendment to establish a consistent program for new signage, streamlining the application process and implementing design standards. This Ordinance Amendment addresses goals related to lighting, community character, and consistency across zoning designations, focusing on reducing poor signage that detracts from the built environment. Completed. Updated sign ordinance adopted by City Council (CC) on 6/4/25 and will be effective 7/4/25. Land Use E - Zoning Code Amendments 12/31/2025 The City shall amend the Zoning Code to addres the following topics: Downtown Zoning Code and Design Guidelines In progress. Commissioner Hilliker selected by PC to provide input to Downtown Zoning Code City Council Ad Hoc Committee. Committee will likely meet in August 2025. Environment & Sustainability H - Cultural and Historic Registry 12/31/2025 The City shall update the list of cultural and historic resources worthy of nomination to state or national preservation lists. In progress but will be deferred until after the historic preservation ordinance is developed and adopted. City of Ukiah 2040 General Plan Implementation - Status 7/1/2025 Page 9 of 108 General Plan Element Implementation Program Date Due Description Status / Comments Environment & Sustainability I - Historic Preservation Ordinance 12/31/2030 The City shall adopt a Historic Archaeological Preservation Ordinance to review permanent changes to the exterior or setting of designated historic or impacts to Archaeological resources. Among other topics, the Ordinance should address the following: archaeological resource impact avoidance, new development in historically sensitive neighborhood, compatibility of energy conservation retrofitting, design review standards for new structures replacing demolished historic structures, and requirements for preservation of records and artifacts from demolished historic structures. In progress. Community Workshop #1 is tentatively scheduled for August 7, 2025 to collect input towards the development of an historic preservation ordinance. Environment & Sustainability M - Adopt a Municipal Climate Action Plan (CAP) 12/31/2025 A Climate Action Plan (CAP) and a Climate Adaptation & Resilience Strategy (CARS) are currently being prepared. Together, the CAP and CARS will establish a strategic roadmap for how the City will reduce greenhouse gas emissions, prepare for climate hazards, & build a more resilient community. Completed. Climate Action Plan adopted by the City Council at a Public Hearing on 05/21/25. Economic Development A - Economic Development Strategy 12/31/2025 The City shall prepare, adopt, and regularly update an Economic Development Strategy, which shall be used as an operational guide to implement the economic development goals and policies of the General Plan. Economic Development Strategy currently deferred until the City's reorganization application is further progressed. Agriculture E - Reduce Regulation for Local Agriculture 12/31/2025 Ordinance Amendment to bring consistency to create a new Administrative Use Permit (AUP) process in the City of Ukiah’s Zoning Code. The new process would allow certain low-impact uses, which are currently subject to a public hearing, to be reviewed and approved by City staff if they meet specific standards. The ordinance also introduces detailed criteria for uses such as noncommercial animal keeping, outdoor sales, community gardens, live entertainment, and specialty food and beverage tastings. The goal is to simplify the review process for qualifying projects while maintaining protections for neighbors and the surrounding community. Planning Commission hearing scheduled for 06/28/25. Continued to a Date Certain of 07/09/25. Housing Element 3c - Explore other policies and regulations that facilitate new infill housing development 3d - Facilitate improvements to permit processing to streamline housing development Completed/Ongoing An ordinance amending the Ukiah City Code in response to comments from the California Department of Housing and Community Development (HCD). This ordinance updates the City’s zoning regulations to implement state law requirements for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) pursuant to Government Code Section 65852.2, establishing and expanding ministerial allowances. The ordinance also amends, removes, and adds regulations in response to written findings issued by HCD on April 24, 2025. Planning Commission hearing scheduled for 06/28/25. Continued to a Date Certain of 07/09/25. Page 10 of 108 General Plan Element Implementation Program Date Due Description Status / Comments Agriculture Element, Land Use Element C - Align Agricultural Standards Completed/Ongoing Align City Agricultural Standards with those of Mendocino County; and Development Pattern LU-7, to ensure the orderly and timely growth and expansion of the City. Planning Commission hearing held 06/11/25, wherein the Item was continued to a Date Certain of 06/25/25. The Item was further continued to a Date Uncertain to ensure adequate information is provided to Commissioners and the public. Page 11 of 108 Permit # Site Address Approved Date Summary of Project Comments PA25-000011 214 E. Perkins St. 4/22/25 Demolition Permit for APNs 002-192-24 and 002-192-25 at 214 East Perkins Street, located on the north side of Perkins Street between South Dora and South Orchard avenues. The proposal involves removal of an existing ±6,000 sq. ft. vacant commercial structure constructed in 1947, previously used as a warehouse for Montgomery Ward, later occupied by the Pioneer Company and Curry’s Furniture. The building is subject to historical review under Ukiah City Code Section 3016 but is not listed in the City’s 1985 or 1999 historical resource surveys, is not within a designated historic district, and has not been assigned a California Historical Resource Status Code. Demolition Review Committee (DRC): 05/22/25 Recommended Approval to City Council (CC); CC Approved: 06/18/25 LLA25- 000004 660/680 N. State St. 5/30/25 Commercial Lot Line Adjustment (LLA) involving two parcels: 660 (Parcel 1) and 680 (Parcel 2) North State Street. As shown on the Tentative Map, the gravel parking area is being shifted from Parcel 2 to Parcel 1. No new development is proposed or associated with this request. Following the adjustment, Parcel 1 will increase in size by approximately 1,675 square feet, and Parcel 2 will decrease by the same amount. City Engineer Approved: 06/30/25 PA25-000009 1317 Clay St. 4/1/25 Minor Variance to allow a 2’ encroachment into the 5’ rear/side (southern) setback on this corner lot, for an approximately 9ft x 29ft pool and spa accessory structure. Zoning Administrator (ZA) Hearing held on 05/20/25, continued to a date certain of and approved on 05/27/25. City of Ukiah Recently (Within Previous 90 Days) Approved Projects 7/1/2025 Page 12 of 108 Page 1 of 1 Agenda Item No: 14.b. MEETING DATE/TIME: 7/23/2025 ITEM NO: 2025-834 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Amending the Planning Commission Rules of Conduct to Change the Meeting Start Time to 5:15 p.m. DEPARTMENT: City Clerk PREPARED BY: PRESENTER: Craig Schlatter, Community Development Director. ATTACHMENTS: 1. Resolution Summary: The Planning Commission will consider adopting a Resolution amending the Planning Commission Rules of Conduct to change the meeting start time to 5:15 p.m. Background: The Planning Commission Rules of Conduct was last updated on April 26, 2023, listing the start time at 6:00 p.m. The logic behind this start time was to match the City Council's start time and to give the public time to get home from work and then go to the Planning Commission meeting. However, in addition to low public attendance, the public now has the option of attending meetings virtually from home. Discussion: At the July 9, 2025, Planning Commission meeting during the Director's report, the possibility of changing the start time to 5:15 p.m. to match the City Council's adjusted start time was posed to the Commissioners. The Commissioners indicated that they would like Staff to place the item on the July 23rd meeting for discussion. An earlier start time would allow individuals attending the meeting to not have to wait in town until the meeting convened, and would allow for an earlier adjournment time. Staff recommends adopting the Resolution amending the Rules of Conduct (Attachment 1) and adjusting the regular meeting start time to 5:15 p.m. Recommended Action: Adopt the Resolution amending the Planning Commission Rules of Conduct to change the meeting start time to 5:15 p.m. Page 13 of 108 Page 1 of 1 PLANNING COMMISSION RESOLUTION NO. 2025-XX RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH, ADOPTING AMENDED RULES FOR CONDUCTING PLANNING COMMISSION MEETINGS WHEREAS: 1. Article 4, Section 1155 of Ukiah City Code requires the Planning Commission to adopt rules for the transaction of its business; and 2. These rules were last updated by the Planning Commission on April 26, 2023, through Resolution No. 2023-03; and 3. The Planning Commission wishes to adopt an update to the Rules of Conduct to reflect a new start time to the regular meetings. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah hereby adopts new rules for the conduct of meetings, which are included as “Exhibit A” with redline to indicate the modification. NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution will supersede resolution 2023-03. PASSED AND ADOPTED by the Planning Commission of the City of Ukiah this 23rd day of July 2025, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Alex De Grassi, Chair City of Ukiah Planning Commission ATTEST: ____________________ Araceli Sandoval Deputy City Clerk ATTACHMENT 1 Page 14 of 108 EXHIBIT A RULES OF CONDUCT OF THE UKIAH PLANNING COMMISSION MEETINGS FOR THE CITY OF UKIAH SECTION 1. UKIAH PLANNING COMMISSION MEETINGS The Ukiah Planning Commission ("Commission") meets regularly on the second and fourth Wednesday of each month at 6:00 5:15 p.m. The Commission meetings are held at the Civic Center Council Chambers, located at 300 Seminary Avenue. The Rules of Conduct sets forth procedural guidelines for the conduct of Ukiah Planning Commission meetings as follows: I.Special Meetings/Time and Place/Notices Special Planning Commission meetings may be called at any time by the Planning Commission Chair or by three (3) members of the Commission by directing the Recording Secretary to deliver or mail a written notice to each Commissioner, to each local newspaper of general circulation, radio and television station requesting a notice in writing. Such notice shall be delivered personally or by mail at least twenty�four (24) hours before the time of such meeting, as set forth in the notice. The call and notice shall set forth the time and place of the special meeting, which may be at a time and place different from the regular meeting time or place, and the business to be transacted. A copy of the notice shall also be posted at or near the door to the City Hall Council Chambers. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Commissioner who, at or prior to the time the meeting convenes, files with the Planning Commission a written waiver notice. Such waiver may be given by U.S. mail, email, or facsimile. The written notice may also be dispensed with as to any Commissioner who is actually present at the meeting at the time it convenes. II.Open to the Public/Exception All regular and special meetings of the Planning Commission shall be public; provided, however, the Commission may hold a special meeting, with applicable provisions of state law, including the Ralph M. Brown Act (Government Code Sections 54950 et seq.). Ill. Closed sessions/Disclosure of Information Not applicable. SECTION 2. AGENDA I.Preparation and Posting of Agendas Except for documents or information prepared by City staff that is not available by 12:00 noon on Wednesday, but in the Community Development Director's judgement should be included with the agenda prior to its delivery to members of the Planning Commission, all reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Commission at a regular meeting, shall be delivered to the Recording Secretary no later than 12:00 noon on Wednesday, six (6) working days 1 Page 15 of 108 preceding the meeting. The Recording Secretary or City Planning Division staff shall prepare the agenda of all such matters under the direction of the City Community Development Director. The agenda and supporting documents shall be delivered to the Planning Commissioners no later than the Friday preceding the Wednesday Planning Commission meeting to which the agenda pertains. The agenda itself shall be posted in a location freely accessible to the public at least 72 hours before each regular meeting or 24 hours before any special meeting of the Planning Commission. The agenda must include a brief description of each item of business to be transacted or discussed at the meeting, as well as the time and location of the meeting. The Community Development Director shall review the items to be placed on the agenda and place those items which he or she believes to be of a routine non-controversial nature and are properly documented on the consent calendar, for adoption by a single motion. IL Order of Business The business of the Planning Commission and the order of its agenda shall be in such form, as the Commission may from time to time adopt by resolution. SECTION 3. PLANNING CORRESPONDENCE I. Availability to the Public Correspondence on agenda and/or non-agenda items addressed to the Planning Commission and received by the Recording Secretary, Planning Division staff, or any other officer or employee of the City, shall not become a public record until received and distributed to the Commission at a regular, special, or adjourned meeting of the Planning Commission. Correspondence may come in the form of U.S. mail, email, and/or facsimile. Correspondence should not be read aloud at a Planning Commission meeting unless requested by a majority vote of the Commission. II. Authority of the Community Development Director The City Community Development Director is hereby authorized to open and examine all mail or other written communications addressed to the Planning Commission and to give them immediate attention to this end, that all administrative business referred to in such communications, and not necessarily requiring Commission action, may be acted upon between Commission meetings; provided, however, mail addressed to individual Commissioners shall not be opened without the consent of the Commissioner. SECTION 4. PRESIDING OFFICER The Planning Commission Chair shall be the presiding officer at all meetings of the Planning Commission. In the absence of the Planning Commission Chair, the Planning Commission Vice Chair shall preside. In the absence of both the Chair and Vice Chair, the Recording Secretary shall call the Commission to order, whereupon, a temporary presiding officer or Commissioner shall be elected by the Planning Commissioners present to serve until the arrival of the Planning Commission Chair or Vice Chair or until adjournment. Wherever in this article the term Chair is used, it shall apply equally to the presiding officer as set forth in this section. 2 Page 16 of 108 I. Powers and Duties A. Participation: The presiding officer may move, second, debate, and vote from the Chair. B. Signing of Documents: The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his/her signature which were adopted in his/her presence, unless he or she is unavailable, in which case the signature of an alternate presiding officer may be used. C. Sworn Testimony: The presiding officer may require any person addressing the Planning Commission to be sworn as a witness and to testify under oath, and the presiding officer shall so require, if directed to do so, by a majority vote of the Planning Commission. D. Discussion of and Action on Agenda Items: Under rules, as shall be determined from time to time by the Commission Chair, the public shall be offered an opportunity to address at the meeting, any item included on the agenda. The Planning Commission shall not take action on any item not appearing on the posted agenda unless: 1) a Commission majority determines that an 'emergency situation", as defined herein, exists; 2) The Commission determines by a two-thirds (2/3) vote or by a unanimous vote if less than two-thirds(2/3) of the Planning Commissioners are present,that a need to take immediate action to the item arose subsequent to the posting of the agenda; or 3) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which time the action is taken and was continued to the meeting at which time the action is taken As used in this section "emergency" means an event which will cause a work stoppage, severely impairing public health or safety, or a crippling disaster severely impairing public health or safety. SECTION 5. RULES OF ORDER In the event of questions as to procedure not set forth in this article for Planning Commission meetings, the Chair shall be guided by the rules of general parliamentary procedure. I. Rules of Order/Failure to Observe Rules adopted to expedite the transaction of the business of the Commission in an orderly fashion shall be deemed to be procedural only and subject to the privilege of the presiding officer. The failure to strictly observe such rules shall not affect the jurisdiction of the Commission or invalidate any action taken at a meeting, which is otherwise held in conformity with law. II. Rules of Decorum A. Commissioners: While the Commission is in session, the Commissioners shall preserve order and decorum, and a Commissioner shall neither, by 3 Page 17 of 108 conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission, nor disturb any Commissioner while speaking, nor refuse to obey the orders of the presiding officer. Commissioners shall not leave their seats during a meeting without first obtaining the permission of the presiding officer. B. Employees: Members of the City staff and employees shall observe rules of order and decorum as are applicable to the Planning Commission. However, members of the City staff and employees may not leave their seats during a meeting without first obtaining the permission of the presiding officer. C. Persons Addressing the Council: Any person making impertinent, slanderous, or profane remarks, or who becomes boisterous while addressing the Commission, shall be called to order by the presiding officer, and if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further attendance before the Commission during that meeting. D. Members of the Audience: Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations,which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, is guilty of a misdemeanor under the provisions of State law, and, upon instructions from the presiding officer, it shall be the duty of the sergeant at arms (Chief of Police or his/her designee) to remove such person from the Council Chamber and to place him or her under arrest. E. Dangerous Instruments: No person may enter the chambers of a legislative body, as defined in Section 54852 of the Government Code of the State, or any place where such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons. F.Rules of Decorum/Enforcement: The Chief of Police, or such members of the Police Department as the Chief of Police may designate, shall be sergeant at arms of the Commission and shall carry out all orders given the presiding officer for the purpose of maintaining order and decorum at Commission meetings. Any Commissioner may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to do so. II. Rules of Debate A. Getting the Floor: Every Commissioner desiring to speak at a Planning Commission meeting shall first address the Chair, gain recognition by the presiding officer, and confine himself/herself to the question under debate, avoiding personalities and indecorous language. 4 Page 18 of 108 B. Questioning the Staff: Every Commissioner desiring to question the City staff shall, after recognition by the presiding officer, address his or her questions to City staff. C. Interruptions: A Commissioner, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, a point of order or chooses to yield to a question by another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking until the question of order is determined to be in order, then he or she may proceed. Members of the City staff, after recognition by the presiding officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer. D. Points of Order: The presiding officer shall determine all points of order, subject to the right of any Commissioner to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained"? A majority vote shall conclusively determine such question of order. E. Points of Personal Privilege: The right of a Commissioner to address the Commission on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are questioned or where the welfare of the Commission is concerned. A Commissioner raising a point of personal privilege may interrupt another Commissioner who has the floor only if the presiding officer recognized the privilege. F. Limitation of Debate: No Commissioner shall be permitted to speak more than once on any particular subject until every other Commissioner desiring to do so shall have spoken. SECTION 6. MOTIONS A motion by any member of the Planning Commission, including the presiding officer, may not be considered by the Commission without receiving a second. I. After Motions are Made and Hearings are Closed After a motion has been made or a public hearing has been closed, no member of the public shall address the Commission from the audience on the matter under consideration without first seconding permission to do so by a majority vote of the Commission. Prior to taking a vote, the Commission may engage in discussion and debate. SECTION 7. VOTING RULES 1. Seating Arrangement for Commission The Planning Commission Chair shall sit in the center chair of the Commission; the next Commissioner in seniority, based upon the time at which the Commissioner was appointed by the City Council) shall sit alternately on the left and right of the Planning Commission Chair. Should the Chair not be present at the meeting, the Vice Chair shall sit in the center chair as presiding officer. 5 Page 19 of 108 II. Question to be Stated Upon moving the question, the presiding officer shall call for the vote which shall be taken first from the least senior member then moving by seniority rank to the most senior member, with the presiding officer voting last. III. Registration of Votes Any vote of the Planning Commission, including a roll call vote, may be registered by the members by answering "aye" for an affirmative vote or "no" for a negative note upon the name of the Planning Commissioner. IV. Voting Procedure/Disqualification Any Planning Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest, shall publicly state, or have the presiding officer state, the nature of such disqualification in open meeting. A Commissioner who is disqualified by reason of a conflict of interest in any matter, shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the Council table and leave the Council Chamber. A Commissioner stating such disqualification shall not be counted as a part of a quorum, and shall be considered absent for the purpose of determining the outcome of any vote on such matter. V. Failure to Vote Planning Commissioners present at a Planning Commission meeting shall vote unless disqualified by reason of a conflict of interest or where the Commissioner in good faith believes that he or she should not vote on a measure for good cause, such as, but not limited to, not having attended a prior meeting essential to an informed note on the measure. A failure to vote or an abstention shall not be counted. A measure shall pass only if it receives"aye" votes from a majority of the Commissioners present at the meeting provided a quorum is established. Commissioners abstaining shall be counted in determining whether a quorum is present. VI. Tie Votes Tie votes shall be lost motions and may be reconsidered. Vlll. Changing Votes/Abstention A Planning Commissioner may change his or her vote only if he or she makes a timely request to do so immediately following the announcement of the vote by the Recording Secretary and prior to the time the next item in the order of business is taken up. A Commissioner who publicly announces he or she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his or her abstention. SECTION 8. RECONSIDERATION OF ACTIONS 6 Page 20 of 108 A motion to reconsider any action taken by the Planning Commission may be made only on the day such action was taken. It may be made either immediately during the same session or at recessed or adjourned session thereof. Such motion may be made only by one of the Commissioners who voted with the prevailing side. The provision of this section shall not be construed to prevent any Commissioner from making or remaking the same or any other motion at a subsequent meeting of the Commission. SECTION 9. PUBLIC HEARINGS 1. Public Hearing Defined A public hearing is any hearing which is publicly noticed by publication in a newspaper of general circulation, posting on affected property, or mailing to affected parties. Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The following is a general summary description of quasi-judicial and legislative hearings. The discussion is not intended to change the general California law governing this subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited number of individual applicants, in which the Planning Commission is legally required to make its decision based on the evidence presented during the hearing. Examples of such hearings include appeals from land use decisions by Planning Commission to the Ukiah City Council, such as those concerning major use permits, variances, and major site development permits. Generally, a quasi-legislative decision generally is a decision to make or amend rules affecting a whole class or large number of persons. The City Council is required to seriously consider evidence presented during quasi-legislative hearings, but it is not legally required to base its decision exclusively on the evidence presented. Examples of quasi-legislative decisions include the adoption or amendment of zoning ordinances, general plan amendments, and other ordinances. II. Submission of Documents In order to give adequate consideration to written documents, the following rules shall apply: A. Time and Submission: Any written document excluding written comments submitted on a particular agenda item by the public, whether containing factual information or legal or policy arguments exceeding 250 words, must be submitted to the Recording Secretary six 6)calendar days prior to the scheduled hearing date. Photographs or other graphic depictions may be filed at the hearing. 1.If the submission deadline falls on a legal holiday or weekend, the document must be submitted the last working day prior to the submission deadline. 2. The Planning Commission shall exclude from the record and not consider any document submitted after the submission deadline, unless upon a motion by a Commissioner, a majority of the Commissioners present at the hearing vote to consider the document. A decision to consider a document not timely filed shall be considered automatic grounds to continue the hearing, although 7 Page 21 of 108 a continuance shall require a specific motion adopted by a majority of the Commissioners present at the meeting. B. Manner of Submission. All documents must be presented to the Recording Secretary for consideration at the hearing. No documents presented to the individual Commissioners prior to the hearing shall be considered as part of the hearing record. 1.To be considered, an original and seven (7) copies must be filed with the Recording Secretary. 2.Upon Receipt, the Recording Secretary shall date stamp as received the original and all copies. Upon request, the Recording Secretary will furnish the proponent of the document with a date stamped copy. The Recording Secretary shall immediately distribute copies of the submitted documents to the individual Commissioners and the Community Development Director. The Recording Secretary shall retain the original and include it in the hearing record, which the Recording Secretary shall compile and maintain. 111. Viewing the Site In quasi-judicial hearings involving specific property, it shall be the duty of Planning Commissioners to view the site prior to the hearing. At the beginning of the hearing the Planning Commission Chair shall poll the Commissioners to establish, on the record, whether they have viewed the site. If any Commissioner indicates that he or she has not viewed the site, the hearing shall be continued to the next regular meeting date. In quasi-legislative public hearings involving specific property, any Commissioner may, but not required to, view the site. In such hearings, Commissioners may, but are not required to, reveal on the record whether they have viewed the site. IV. Malting a Decision In quasi-judicial hearings, the Planning Commission shall base its decision exclusively on the record, including documents submitted in accordance with this rule and testimony and oral argument presented during the hearing. Any motion deciding the matter shall include sufficient findings of fact to inform the parties of the basis on which the Planning Commission made its decisions, and to determine whether the decision is based on lawful principles. Where possible, the staff report the Planning Commission shall include proposed findings for Planning Commission consideration. In quasi-legislative hearings, the Planning Commission shall seriously consider all documents submitted in compliance with this rule and testimony and oral argument presented during the hearing. The motion deciding the matter need not include specific legal requirements applicable to the particular matter. 8 Page 22 of 108 V. Conduct of Public Hearing As presiding officer, the Planning Commission Chair shall conduct the hearing to promote an orderly presentation of the evidence by all parties. Subject to the following guidelines, the Chair shall use his or her discretion in presiding over the hearing: A. Order of Proof: Generally, all those supporting an application or measure shall present their evidence and argument first. Those opposing the application or measure shall present their evidence and argument second. Those supporting the measure shall be allowed some additional time for rebuttal. If during the rebuttal project proponents present new argument or evidence, project opponents shall be allowed some additional time to rebut that new matter. B. Time Limitations: The Planning Commission Chair may impose time limitations on all those wishing to present evidence or argument. The Chair may prevent the presentation of irrelevant, repetitive, or cumulative testimony or argument. C. Manner: Each person desiring to address the Planning Commission shall step up to the microphone reserved for that purpose, state his or her name and address for the record, state the subject he or she wishes to discuss, state whom he or she is representing, if he or she represents an organization or other persons, and unless further time is granted by a majority vote of the Commission, shall limit his or her remarks to three (3) minutes.All remarks shall be addressed to the Commission as a whole and not to any member thereof. D. Spokesmen for Groups of Persons: In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Planning Commission on the same subject matter, it shall be proper for the presiding officer to request that spokesman be chosen by the group to address the Commission, and in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Commission. SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS I.Motions Motions shall be used to express decisions of the Planning Commission on routine questions or matters of temporary importance, or to give instructions to the staff and shall be moved, seconded, and adopted by a voice vote unless a roll call is requested by a Commissioner. II.Resolutions Resolutions shall be used to express decisions of the Planning Commission of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. 9 Page 23 of 108 III. Ordinances Not applicable. SECTION 11. MINUTESIPREPARATION AND CHANGES The Recording Secretary shall have the exclusive responsibility for the preparation of the minutes of Planning Commission meetings, and any directions for changes in the minutes shall be made only by a majority action of the Commission. I.Minutes/Request for Detail During a Planning Commission meeting any Commissioner may request the Recording Secretary include in the minutes for that meeting a verbatim transcript of any portion of the meeting designated by the Commissioner. if so requested, the Recording Secretary shall include the verbatim transcript of such segment in the draft minutes presented to the Planning Commission for approval, unless the request is rejected by a majority vote of the Commission. Ill.Minutes/Reading Unless the reading of the minutes of a Planning Commission meeting is ordered by a majority vote of the Commission, such minutes may be approved without reading, if the Recording Secretary has previously furnished each Commissioner with a copy. Ill. Minutes/Entry of Statements A Planning Commissioner may request through the presiding officer of a Planning Commissioner meeting, the privilege of having an abstract of the statement of such Commissioner on any subject under consideration by the Commission entered in the minutes. If the Commission consents thereto, such statement shall be inserted in the minutes. SECTION 12. SPECIAL COMMITTEES All special Planning Commission committees shall be appointed by the presiding officer with a majority consent of the Commission. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge, or upon an order of the presiding officer or majority of the Commission. 10 Page 24 of 108 Page 1 of 1 Agenda Item No: 14.c. MEETING DATE/TIME: 7/23/2025 ITEM NO: 2025-845 AGENDA SUMMARY REPORT SUBJECT: Receive New Planning Commissioner Orientation Presentation and Discuss Questions with Staff. DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, AICP ATTACHMENTS: 1. Planning Commission Orientation updated 7-17-25 2. 2025 Planning Commission Training Materials Summary: Planning Commission will receive the new Planning Commissioner Orientation presentation and discuss questions with Staff. Background: At two regular meetings of the City of Ukiah Planning Commission, on February 26, 2025, and April 9, 2025, the Commission received presentations on planning-related educational topics from Staff. Topics in Training 1 consisted of an overview of the American Planning Association, Planning Trends, AICP, and other planning topics of interest. Staff also presented the Planning Commission Orientation to Commissioners. Topics in Training 2 consisted of a "deeper dive" into the City's Downtown Zoning Code, including the differences between variances and exceptions and an overview of the treatment of nonconforming structures within the Code. Training 2 also explored the role of Commissioners in making decisions related to current planning and similarities and differences to the role of Commissioners in making decisions related to advanced planning. Discussion: The purpose of this agenda item is to provide the Orientation (Attachment 1) and the 2025 training materials (Attachment 2) to the newly appointed Commissioners. Staff will present an overview of these topics and encourages questions from Commissioners. Recommended Action: Receive new Planning Commissioner Orientation presentation and discuss questions with Staff. Page 25 of 108 Planning Commission  Orientation NOVEMBER 19, 2019 JULY 17, 2025 7-23-25 Meeting: Attachment 1 Page 26 of 108 Outline Planning Commission duties and role Decision making process and rules of conduct / order of agenda Brown Act and ethics Staff roles and overview of Community Development Department Key links to City codes/ordinances, planning documents, past meetings, and  historical and archival information Informational links for Land Use Planning and Training Opportunities Glossary of terms and acronyms Page 27 of 108 Planning Commission  Duties and Role Page 28 of 108 Ukiah City Code, Chapter 4, Article 4.  Planning Commission Duties Section 1157, Duties of the Commission: “It shall be the function and duty of  the planning commission to prepare, make and adopt, subject to the provisions of law, a master  plan for  the physical development of the city, and of any land situated outside the boundaries  thereof which in the commission’s judgment bears relation to the planning thereof. (Ord. 396,  §3, adopted 1947).” –And – Section 1158, Other Powers and Duties of Commission: “The planning commission shall have  such other powers and duties as are prescribed by law, and shall be governed by the procedure  provided by law. (Ord. 396, §4, adopted 1947)” The duties above include review and approval and/or recommendation to City Council of  certain discretionary planning permits such as use permits, site development permits, variances,  zoning text amendments/rezoning, appeals, prezoning, etc. as described in Chapter 2, Article 20  Administration and Procedures, of Ukiah City Code (UCC). Other requirements for specific project types are contained throughout the UCC, representing  the codification of various ordinances. Page 29 of 108 Role  of the Planning Commission Reviews certain discretionary development applications Primary decision‐making body for many project proposals (subject to appeal to the City Council) Provides a public and deliberative venue for residents and other community stakeholders to  learn about planning issues and project proposals and provide input  Makes recommendations to the City Council on the development of key  planning/policy  documents, including but not limited to the Ukiah General Plan, zoning ordinances, and other  specific City and regional planning documents Primary difference between Planning Commission and City Council Planning Commission makes recommendations; City Council makes policy Page 30 of 108 Decision Making and Rules of Conduct /  Order of Agenda  Page 31 of 108 Decision Making Objectively determine facts  and draw conclusions from those facts Base decisions on existing policy (set by City Council) and law Consider staff analyses, including agency goals and policies, along with community input Make recommendations and decisions based upon findings of fact Page 32 of 108 Rules of Conduct / Order of Agenda Existing Rules of Conduct last adopted April 26, 2023 via Resolution No. 2023‐03.  The Rules provide procedural guidelines for the conduct of planning commission meetings, such as  public expression, rules of decorum, duties of the Commission, etc. The Rules also set forth an Order of Agenda for Planning Commission meetings. Please visit the link below for Planning Commission Rules of Conduct / Order of Agenda: http://www.cityofukiah.com/city‐boards‐commissions‐committees/ Note: click on the box for  Planning Commission at the above link.  Page 33 of 108 Brown Act and Ethics Page 34 of 108 Brown Act PURPOSE: “Assure that local government agencies conduct the public’s business openly and  publicly.” (CA League of Cities, 2016)  TRANSPARENCY: Foundational value for  ethical government practices. The Brown Act is a floor,  not a ceiling, for  conduct. MORE INFORMATION:  “Open and Public V, a Guide to the Ralph M. Brown Act,” California League of Cities, 2016: https://www.cacities.org/Resources‐Documents/Resources‐Section/Open‐Government/Open‐ Public‐2016.aspx CA Attorney  General’s publication: https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/2003_Intro_BrownAct.pdf Page 35 of 108 Brown Act MEETINGS Regular  –regularly scheduled meetings. Must formally set the time and place for  regular  meetings in bylaws, by resolution, or some similar formal rule. Special – meetings called by the agreement of a majority of the agency body (e.g. Planning  Commission) to discuss a specific issue. May be called at any time, but notice must be received at  least 24 hours prior to the meeting by all members of the Board and media outlets that have  requested notice in writing. Emergency – meetings held, as allowed in Section 54956.5 of the Brown Act, to deal with  emergency situations. AGENDAS Posting –At least 72 hours prior to a regular meeting Content –Contain brief description, enough to enable a determination of the general nature of  the subject matter. Cannot take action/discuss any item NOT on the agenda. COMMUNICATION Emails, Memos/Briefings, Conferences/Events, Telephone, Text Page 36 of 108 Conflicts of Interest A public official may not participate in a decision – including trying to influence  a decision –if the official has financial or, in some cases, other strong personal  interests in that decision. Note that influencing of a decision can include physical presence during  deliberations regarding the decision. The law sets only minimum standards. Officials should ask themselves whether  members of the public will question officials’ participation in certain  proceedings. If they might, officials should consider excusing themselves  voluntarily from that particular decision‐making process. Page 37 of 108 Ethics No personal financial gains. Transparency and disclosure. No use of public resources for personal or political purposes. Fair  process and decision making conducted openly for  the public. Projects will be deliberated  and a decision made during the public meeting. Page 38 of 108 Staff Roles  and  Department Overview Page 39 of 108 Staff Roles City Clerk’s Office (City Clerk, Deputy City Clerk) Maintains the public record, including the video recording and archives Works  with Department staff to finalize and post the Agenda packets and prepare draft minutes Coordinates the meeting, including arranging audio visual and other technological needs Community Development Director Principal advisor to Planning Commission in community development (and planning) matters Prepares and presents Directors reports Coordinates with Planning Division staff and Clerk to prepare agenda packet content Serves as Zoning Administrator; makes Director Determinations and other authoritative interpretations  of applicable laws, regulations, and policies (decisions subject to appeal to Planning Commission) Planning Services Division –Chief Planning Manager, Planning Manager Reviews and analyzes project applications to ensure consistency with adopted policy and regulation Prepares and presents staff reports to Planning Commission Page 40 of 108 Housing and Grants Management Fire  Prevention Code Enforcement PlanningBuilding Climate Adaptation &  Resilience Business Services Community Development Services 8 Divisions: Page 41 of 108 Community Development Department Contacts Name/Title Email Phone Craig Schlatter, AICP, Community Development Director cschlatter@cityofukiah.com (707) 463‐6219 Jesse Davis, AICP, Chief Planning Manager jdavis@cityofukiah.com (707) 463‐6207 Matthew Keizer, MCP, Chief Building Official and Designated Chief Code  Enforcement Officer and Fire Code Official (UVFA) mkeizer@cityofukiah.com (707) 467‐5718 Jim Robbins, Housing and Grants Manager jrobbins@cityofukiah.com (707) 463‐6708 Blake Adams, Chief Resilience Officer badams@cityofukiah.com (707) 463‐6752 Katherine Schaefers, Planning Manager kschaefers@cityofukiah.com (707) 463‐6203 Andrea Trincado, Project and Grants Administrator atrincado@cityofukiah.com (707) 463‐6778 Mariam Garcia, Associate Planner/GIS Analyst mgarcia@cityofukiah.com No phone currently Isabelle Grieve, Community Development Technician II igrieve@cityofukiah.com (707) 463‐6268 Liz Frausto, Community Development Technician I efrausto@cityofukiah.com (707) 463‐6215 Tom  Hoover, Building Inspector thoover@cityofukiah.com (707) 463‐6206 Sean Connell, Code Enforcement Inspector II sconnell@cityofukiah.com (707) 467‐5715 Waylon Hockemier, Fire Inspector II whockemier@cityofukiah.com (707) 463‐6271 Department website: www.cityofukiah.com/community‐development Page 42 of 108 Links to  Relevant   Codes, Historical  Information, and Land  Use Planning Resources Page 43 of 108 Links to  City Codes and Ordinances,  Planning Documents, Past  Meetings Zoning Code –Ukiah City Code, Division 9 Planning and Development, Chapter 2 Zoning: http: www.Codepublishing.com/CA/Ukiah (click on Division 9, Chapter 2) Ordinances adopted by City Council are eventually codified in UCC, but for those ordinances not codified (in  the interim) the Community Development Department lists those ordinances online on the Documents and  Maps portion of its website: http://www.cityofukiah.com/documents‐and‐maps/ Planning Documents The Documents and Maps webpage (see above) contains both commonly requested guidelines and other  planning documents, ordinances, lists, and useful information, including: 2040 General Plan Update: http://Ukiah2040.com General Plan (including the certified Housing Element) Airport compatibility requirements Design guidelines, creek maintenance, historic and architectural inventory, tree lists, maps, storm water information Interactive map of zoning districts with property search feature All current and historical / archival meetings of the Planning Commission can be found here: http://www.cityofukiah.com/meetings/ The above link contains both audio/visual recordings and agenda packets from past meetings.  Additional archival information can be obtained from the Department and/or City Clerk’s Office. Page 44 of 108 Links to  Land Use Planning Resources American Planning Association: www.planning.org Principal organization for the field of professional planning. Contains resources for planners, zoning boards, planning commissions. Institute for  Local Government –“A Guide to Local Planning” https://www.ca‐ilg.org/document/guide‐local‐planning Describes emerging issues in local planning and provides overview of planning framework Governor’s Office of Planning and Research http://opr.ca.gov/ CEQA, General Plan Guidelines, State Clearinghouse California Department of Housing and Community Development – Policy and Research https://www.hcd.ca.gov/policy‐research/index.shtml Housing Element, specific housing and community development planning policy topics Training opportunities for  Commissioners League of CA Cities: https://www.cacities.org/Education‐Events/Planning‐Commissioners‐Academy CA Chapter of APA Annual Conference: https://www.apacalifornia‐conference.org/ Sonoma State University Annual Planning Commissioners Conference: http://gep.sonoma.edu/research‐activity‐centers/center‐ sustainable‐communities‐csc/annual‐planning‐commissioners Page 45 of 108 Glossary of Terms  and Acronyms Mendocino County and Ukiah‐specific Terms ALUC – Mendocino County Airport Land Use Commission UKIALUCP – 2021 Ukiah Municipal Airport Land Use Compatibility Plan DRB –Ukiah Design Review Board MCOG – Mendocino Council of Governments MSR – Municipal Service Review MendoLAFCo – Mendocino Local Agency Formation Commission MiUP – Minor Use Permit; MiSDP – Minor Site Development Permit MaUP – Major Use Permit; MaSDP – Major Site Development Permit RHNA –Regional Housing Needs Allocation SOI – Sphere of Influence Land Use and Planning Terms  – Institute for  Local Government, 2010 Glossary https://www.ca‐ilg.org/sites/main/files/file‐attachments/2010_‐_landuseglossary.pdf Page 46 of 108 7-23-25 Meeting: Attachment 2 Page 47 of 108 Page 48 of 108 1 AICP Code of Ethics and Professional Conduct Adopted March 19, 2005, Effective June 1, 2005, Revised April 1, 2016 Revised November 2021 This AICP Code of Ethics and Professional Conduct serves three purposes: first, defining the aspirational principles for all those who participate in the planning process, whether as planners, as advisory bodies, or as decision-makers (Section A); second, defining the rules of practice and behavior to which all members of the American Institute of Certified Planners are held accountable (Section B); and third, defining the procedures for enforcement of these rules (Sections C, D, and E). Please refer to a glossary of frequently used terms in the Code located at the bottom of this page. Our primary obligation as planners and active participants in the planning process is to serve the public interest and these principles further that purpose. All who engage in the planning process should seek to achieve high standards of integrity, proficiency, and knowledge. As the basic values of society can come into competition with each other, so can the values we espouse under this Code. For AICP planners, both the principles and the rules are intended to be used together. The aspirational principles, while not enforceable, present the foundation for the profession's shared values, and the basis for the rules. All those who participate in planning should commit themselves to making ethical judgments in the public interest balancing the many competing agendas with careful consideration of the facts and context, informed by continuous, open debate. To meet our obligation to the public, we aspire to the following principles: Section A: Principles to Which We Aspire 1. People who participate in the planning process shall continuously pursue and faithfully serve the public interest. 1. Examine our own cultures, practices, values, and professional positions in an effort to reveal and understand our conscious and unconscious biases and privileges as an essential first step so we can better serve a truly inclusive public interest promoting a sense of belonging. 2. Be conscious of the rights of others. Develop skills that enable better communication and more effective, respectful, and compassionate planning efforts with all communities, especially underrepresented communities and marginalized people, so that they may $77$&+0(17 Page 49 of 108 2 fully participate in planning. Respect the experience, knowledge, and history of all people. 3. Have special concern for the long-range consequences of past and present actions. 4. Pay special attention to the interrelatedness of decisions and their unintended consequences. 5. Incorporate equity principles and strategies as the foundation for preparing plans and implementation programs to achieve more socially just decision-making. Implement, for existing plans, regulations, policies and procedures, changes which can help overcome historical impediments to racial and social equity. Develop metrics and track plan implementation over time to measure and report progress toward achieving more equitable outcomes. 6. Systematically and critically analyze ethical issues in the practice of planning. Strengthen organizational capabilities to apply ethical principles in serving the public, including establishing procedures that promote ethical behavior, mentoring emerging professionals in ethical behavior and holding individuals and organizations accountable for their conduct. 2. People who participate in the planning process shall do so with integrity. 1. Provide timely, adequate, clear, accessible, and accurate information on planning issues to all affected persons, to governmental bodies, to the public, to clients and to decision makers. 2. Facilitate the exchange of ideas and ensure that people have the opportunity for meaningful, timely, and informed participation in the development of plans and programs that may affect them. Participation should be broad enough to include those who lack formal organization or influence, especially underrepresented communities and marginalized people. Attention and resources should be given to issues of equity, diversity, and inclusion and should reflect the diversity of the community. 3. Promote excellence in design. Conserve and preserve the integrity and heritage of the natural and built environment. Use principles of sustainability and resilience as guiding influences in our work. 4. Identify the human and environmental consequences of alternative actions including the short and long-term costs and benefits. Identify social and cultural values which should be preserved as well as natural elements. 5. Enhance our professional education and training in our career as well as in our ability to work as a participant in the planning process and with allied professionals. 6. Educate and seek to empower the public about planning issues and their relevance to everyone's lives. 7. Describe and comment on the work and views of other professionals in a fair and professional manner. Page 50 of 108 3 8. Respect the rights of all persons and groups and do not discriminate against or harass others. 3. People who participate in the planning process shall work to achieve economic, social and racial equity. 1. Create plans that ensure equitable access to resources and opportunities which, in turn, structure prospects for upward economic mobility, a sense of belonging, and an enhanced quality of life. Recognize our unique responsibility to eliminate historic patterns of inequity tied to planning decisions represented in documents such as zoning ordinances and land use plans 2. Seek social justice by identifying and working to expand choice and opportunity for all persons, emphasizing our special responsibility to plan with those who have been marginalized or disadvantaged and to promote racial and economic equity. Urge the alteration of policies, institutions, and decisions that do not help meet their needs. 3. Recognize and work to mitigate the impacts of existing plans and procedures that result in patterns of discrimination, displacement, or environmental injustice. Plan for anticipated public and private sector investment in historically low-income neighborhoods to ensure benefits defined by the local community. Promote an increase in the supply and quality of affordable housing and improved services and facilities with equal access for all residents, including people with disabilities. 4. Promote the inherent rights of indigenous people and -work with indigenous peoples on developments affecting them and their lands and resources 4. People who participate in the planning process shall safeguard the public trust. 1. Deal fairly with all participants in the planning process. 2. Exercise fair, honest, skilled, informed and independent professional judgment. 3. Do not let any official action be influenced by personal relationships. 4. Serve as advocates for the public or private sector only when the client's objectives are legal and consistent with the public interest. 5. Avoid a conflict of interest or even the appearance of a conflict of interest in accepting assignments from clients or employers. 6. Disclose to the public all personal and pecuniary interests, considered broadly, that a participant, serving as an advisor or decision-maker, may have regarding any planning process decision to be made. If at all possible, abstain completely from direct or indirect participation as an advisory or decision-maker in any matter in which there is a personal or pecuniary interest, and leave any chamber in which such a matter is under deliberation 7. Neither seek nor accept any gifts or favors, nor offer any, under circumstances in which it might reasonably be inferred that the gifts or favors were intended or expected to Page 51 of 108 4 influence a participant's objectivity as an advisor or decision-maker in the planning process. 8. Do not participate in any matter unless adequately prepared and able to render thorough and diligent services. 9. Do not deliberately commit a wrongful act which reflects adversely on the planning process. 10. Do not seek business by stating or implying the ability or willingness to influence decisions by improper means. 11. Expose corruption wherever discovered. 5. Practicing planners shall improve planning knowledge and increase public understanding of planning activities. 1. Contribute to the development of, and respect for, our profession by improving knowledge and techniques, and sharing the results of experience and research that contribute to the body of planning knowledge. Make work relevant to solving community problems and increase the public's understanding of planning activities. 2. Examine the applicability of planning theories, methods, research, and standards to the facts and analysis of each particular situation and do not accept the applicability of a customary solution without first establishing its appropriateness to the situation. 3. Strive to achieve high standards of professionalism, including integrity, knowledge, and professional development. Obtain professional education throughout one's planning career and for those that are Members of AICP, comply with Certification Maintenance requirements. 4. Expand recognition of the value of AICP and FAICP credentials and acknowledge those who achieve and maintain it. 5. Commit to the advancement of the planning profession. Contribute time and resources to the professional development of students, interns, beginning professionals, and other colleagues. Increase the opportunities for members of underrepresented groups to enter and succeed in the profession, and to achieve AICP certification. 6. Contribute time and effort to our communities, particularly to those groups lacking in adequate planning resources, through pro bono planning activities. Section B: Our Rules of Conduct We adhere to the following Rules of Conduct informed by the Aspirational Principles, and we understand that our Institute will enforce compliance with these rules. If we fail to adhere to these Rules we could receive sanctions, the ultimate being the loss of our certification: Quality and Integrity of Practice Page 52 of 108 5 1. We shall not deliberately fail to provide adequate, timely, clear and accurate information on planning issues. 2. We shall not accept an assignment from a client or employer when the services to be performed involve conduct that we know to be illegal or in violation of this Code. 3. We shall not accept work beyond our professional competence, but may with the understanding and agreement of the client or employer, accept such work to be performed under the direction of, another professional competent to perform the work and acceptable to the client or employer. 4. We shall not accept work for a fee, or pro bono, that we know cannot be performed with the promptness required by the prospective client, or that is required by the circumstances of the assignment. 5. We shall not direct or pressure other professionals to make analyses or reach findings not supported by available evidence. 6. We shall not deliberately commit any wrongful act, whether or not specified in the Rules of Conduct, that reflects adversely on our professional fitness or the planning profession. Conflict of Interest 7. We shall not, as public officials or employees, accept from anyone other than our public employer any compensation, commission, rebate, or other advantage that may be perceived as related to our public office or employment. 8. We shall not perform work on a project for a client or employer if, in addition to the agreed upon compensation from our client or employer, there is a possibility for direct personal or financial gain to us, our family members, or persons living in our household, unless: a) our client or employer, after full prior written disclosure from us, consents in writing to the arrangement; and b) we make full disclosure of the potential conflict part on the public record at every public meeting and in all written reports related to the work. Improper Influence/Abuse of Position 9. As public officials or public employees, we shall not engage in private communications with planning process participants if the discussions relate to a matter over which we have authority to make a binding, final determination. 10. We shall not engage in private communications with decision makers in the planning process in any manner prohibited by law or by agency rules, procedures, or custom. 11. We shall not solicit prospective clients or employment through use of false or misleading claims, nor shall we, in the conduct of our work, imply an ability to improperly influence decisions. Page 53 of 108 6 12. We shall not use the power of any office to seek or obtain a special advantage that is not a matter of public knowledge or is not in the public interest. Honesty and Fair Dealing 13. We shall not disclose or use to our advantage, nor that of a subsequent client or employer, information gained in a professional relationship that the client or employer has requested be held inviolate or that we should recognize as confidential because its disclosure could result in detriment to the client or employer., except when disclosure is required: (1) by process of law, or (2) to prevent a clear violation of law, or (3) to prevent a substantial injury to the public. 14. We shall not deliberately misrepresent the qualifications, views and findings of other professionals. 15. We shall not misstate our education, experience, training, or any other facts which are relevant to our professional qualifications. 16. We shall not use the product of others' efforts to seek professional recognition, credit, or acclaim intended for producers of original work. 17. We shall not fail to disclose the interests of our client or employer when participating in the planning process. Nor shall we participate in an effort to conceal the true interests of our client or employer. Responsibility to Employer 18. We shall not, as employees, undertake other employment in planning or a related profession, whether or not for financial remuneration, without having made full written disclosure to the employer who furnishes our pay and having received subsequent written permission to undertake additional employment, unless our employer has a written policy permitting such employment without consent. In no case shall a planner engage in any outside work that would create an actual conflict of interest. 19. We shall not accept an assignment from a client or employer to publicly advocate a position on a planning issue that is significantly different to a position we publicly advocated for a previous client or employer within the past three years unless (1) we determine in good faith our change of position will not cause present detriment to our previous client or employer, and (2) we make full written disclosure of the conflict to our previous and current client or employer. Discrimination/Harassment 20. We shall not commit or ignore an act of discrimination or harassment. Bringing a Charge/Lack of Cooperation with Ethics Officer Page 54 of 108 7 21. We shall not withhold cooperation or information from the AICP Ethics Officer or the AICP Ethics Committee if a charge of ethical misconduct has been filed against us or if it is determined by the Ethics Officer or Ethics Committee that we have information/knowledge relevant to a charge filed against another AICP member. 22. We shall not harass, retaliate or threaten retaliation against a person who has filed a charge of ethical misconduct against us or another planner, or who is cooperating in the Ethics Officer's investigation of an ethics charge. 23. We shall not use the AICP ethics process for any inappropriate purpose, including threatening to file, or filing an ethics charge against another planner for personal, pecuniary, or professional gain or filing of a meritless complaint against another planner. 24. We shall not fail to immediately notify the Ethics Officer by both receipted Certified and Regular First-Class Mail if we are convicted of a "serious crime" as defined in Section E of the Code; nor immediately following such conviction shall we represent ourselves as Certified Planners or Members of AICP until our membership is reinstated by the AICP Ethics Committee pursuant to the procedures in Section E of the Code. Section C: Advisory Opinions 1. Introduction Any person, whether or not an AICP member, may seek informal advice from the Ethics Officer, and any AICP member may seek a formal opinion from the Ethics Committee, on any matter relating to the Code of Ethics and Professional Conduct. In addition, the Ethics Committee may, from time to time, issue opinions applying the Code to ethical matters relating to planning. 2. Informal Advice a) Any person with a question about whether specific conduct conforms to the Code of Ethics and Professional Conduct may seek informal advice from the Ethics Officer. Any such person should contact the Ethics Officer to arrange a time to discuss the issue. The Ethics Officer will endeavor to schedule a call promptly and to provide the advice promptly. b) Informal advice will be given orally. However, the Ethics Officer will keep a record of the issue raised and the advice given. c) Informal advice is intended to assist the person who seeks it, but it is not binding on AICP. Nevertheless, the Ethics Committee will take it into consideration if the Committee is subsequently called upon to consider a charge of misconduct against a Certified Planner who relied on the advice. 3. Formal Advisory Opinions Requested by A Member Page 55 of 108 8 a) Any AICP member with a question about whether specific conduct conforms to the Code of Ethics and Professional Conduct may seek a formal opinion from the Ethics Committee. Any such member should send a detailed description of the relevant facts and a clear statement of the question to the Ethics Officer. b) The Ethics Officer shall review each such request and determine whether there is sufficient information to permit a fully informed response or whether additional information is required. c) The Ethics Committee will not issue an Advisory Opinion if it determines that the request concerns past conduct that may be the subject of a charge of misconduct. It may also decline to issue an Advisory Opinion for any other reason. The Committee may, but is not required to, provide a reason for a decision not to issue an opinion. d) If the Ethics Committee determines to issue an Advisory Opinion, it will endeavor to do so within ninety (90) days after receiving all information necessary to the provision of the opinion. Every Advisory Opinion will be in writing. e) Any member who acts in compliance with a formal Advisory Opinion will have a defense to a charge of misconduct that is based on conduct permitted by the Opinion. f) The Ethics Committee, in its sole discretion, shall determine whether, and how, to publish any formal Advisory Opinion. If the Committee determines to publish an Advisory Opinion, the published Opinion will not, without appropriate consent, include the name or other identifying information of any person except to the extent that identifying information is helpful in setting forth the issue or in explaining the Committee's decision. g) Any AICP member who believes that a published formal Advisory Opinion is incorrect or incomplete may write to the Ethics Officer explaining the member's thinking and requesting reconsideration. The Ethics Officer shall transmit all such communications to the Ethics Committee. That Committee shall review such communications and determine what, if any, changes to make. The decision of the Committee shall be final. 4. Formal Advisory Opinions Issued Without Request of A Member a) The Ethics Committee may from time to time issue, without a request from a member, formal Advisory Opinions relating to the Code of Ethics and Professional Conduct when it believes that an Opinion will provide useful guidance to members. b) All formal Advisory Opinions issued under this paragraph shall be in writing and shall be published to the entire membership. c) Any AICP member who believes that a formal Advisory Opinion issued under this paragraph is incorrect or incomplete may write to the Ethics Officer explaining the member's thinking and requesting reconsideration. The Ethics Officer shall transmit all such communications to the Ethics Committee. That Committee shall review such Page 56 of 108 9 communications and determine what, if any, changes to make. The decision of the Committee shall be final. 5. Annual Report of the Ethics Officer a) Prior to January 31 of each year, the Ethics Officer shall provide to the AICP Commission and to the Ethics Committee an Annual Report of all formal Advisory Opinions and all interpretations of the Code issued during the preceding calendar year. That report need not contain the full text of each formal Advisory Opinion and interpretation of the Code. b) The AICP Commission shall publish an Annual Report on ethics matters to the membership. Section D: Adjudication of Complaints of Misconduct 1. Filing a Complaint a) Any person, whether or not an AICP member, may file an ethics complaint against a Certified Planner. An ethics complaint shall be sent to the AICP Ethics Officer on a form developed by the Ethics Officer and posted on the AICP website. The complaint must be signed and include contact information so that the Ethics Committee and the Ethics Officer will know with whom to follow up if questions arise or if the situation otherwise requires follow up. The person making the complaint ("the complainant") may request confidentiality. The AICP will attempt to honor that request. However, it cannot guarantee confidentiality and will disclose the identity of the complainant if disclosure is needed in order to reach an informed result or otherwise to advance the thoughtful consideration of the complaint. The complaint may be accompanied by a brief cover letter. b) The complaint shall identify the Certified Planner against whom the complaint is brought, describe the conduct at issue, cite the relevant provision(s) of the Code of Ethics and Professional Conduct, and explain the reasons that the conduct is thought to violate the Code. c) The complaint should be accompanied by all relevant documentation available to the complainant. d) The Ethics Officer shall determine whether the complaint contains all information necessary to making a fully informed decision. If the complaint does not contain all such information, the Ethics Officer shall contact the complainant to try to obtain the information. e) The Ethics Officer shall maintain, for use by the Ethics Committee, a log of all complaints against Certified Planners. 2. Preliminary Review Page 57 of 108 10 a) The Ethics Officer shall review each complaint, together with any supporting documentation, to make a preliminary determination of whether a violation may have occurred. Before making this determination, the Ethics Officer may request from the complainant any additional information that the Officer deems relevant. b) Within thirty (30) days after receiving all information that the Ethics Officer deems necessary to make a preliminary determination, the Ethics Officer shall make a preliminary determination whether a violation may have occurred. c) If the preliminary determination of the Ethics Officer is that it is clear that no violation has occurred, the complaint shall be dismissed. The complainant shall be so notified. Appeal of the determination of the Ethics Officer is only available to members of AICP. If the complainant is a member of AICP, the complainant shall have twenty (20) days from the date of notification to appeal the dismissal of the complaint to the Ethics Committee. d) If the preliminary determination of the Ethics Officer is that a violation may have occurred — or if, on appeal, the Ethics Committee reverses a preliminary dismissal, the Ethics Officer shall, within thirty (30) days, provide the complaint to the Certified Planner against whom the complaint was made ("the respondent"). The Ethics Officer shall request from the respondent a detailed response to the complaint, and any supporting documentation. 3. Fact Gathering a) The respondent shall have thirty (30) days from the date of notification from the Ethics Officer to provide a response to the complaint, as well as any supporting documentation. The Ethics Officer may extend this time, for good cause shown, for a period not to exceed fourteen (14) days. b) The Ethics Officer shall provide the response of the respondent to the complainant, and shall give the complainant an opportunity to comment on the response within fourteen (14) days. c) If the Ethics Officer determines that additional information is needed from either the complainant or the respondent, the Ethics Officer shall attempt to obtain such information. The parties shall have fifteen (15) days to provide the requested additional information, with up to a fifteen (15) day extension at the discretion of the Ethics Officer if a request is made for additional time. 4. Exploration of Settlement a) At any point in the process, the Ethics Officer may, after consultation with the Ethics Committee, attempt to negotiate a settlement of the complaint in accordance with the Code of Ethics and Professional Conduct. Page 58 of 108 11 b) The Ethics Committee shall be notified of — and permitted to comment on — any potential settlement at an early stage. Any settlement must be approved by the Ethics Committee before becoming final. Upon approval by the Ethics Committee, a settlement agreement shall be signed by the respondent and, where appropriate, by the complainant. c) If a negotiated settlement is approved by the Ethics Committee and is signed in accordance with paragraph 4-b, the matter will be concluded, and no further action will be taken by AICP. 5. Decision a) If neither the Ethics Officer nor the Ethics Committee determines to explore settlement or if the parties are unwilling to engage in settlement discussions or if a settlement is not reached, the Ethics Officer shall, after considering timely input from the parties, issue a written decision on the complaint. The Ethics Officer, at his or her sole discretion, may determine whether a hearing needs to be held. A hearing will be held by telephone or other electronic means unless all parties and the Ethics Officer agree that it should be held in person. The expenses of each party in connection with any hearing, such as transcripts, travel, and attorneys' fees, will be borne by that party. b) The Ethics Officer may determine that there is inadequate evidence of an ethics violation and therefore dismiss the complaint. Alternatively, the Ethics Officer may find that there has been an ethics violation. In either situation, the Ethics Officer shall explain the basis for the decision in a written opinion that cites and discusses the relevant provision(s) of the Code of Ethics and Professional Conduct. c) If the decision is that there has been a violation, the Ethics Officer shall impose such discipline as that Officer deems appropriate. The discipline may be: (1) a confidential letter of admonition, (2) a public letter of admonition, (3) suspension of AICP membership, or (4) revocation of AICP membership. The Ethics Officer shall explain the basis for the discipline imposed and may attach such conditions, e.g. requirement to get additional ethics training, as the Officer deems just. d) The Ethics Officer shall transmit the decision to the Ethics Committee and shall notify the parties of the decision. However, the Ethics Officer may determine not to disclose the remedy to a complainant who is not a member of AICP. 6. Appeal a) Only current members of AICP may appeal a determination of the Ethics Officer. Within thirty (30) days after issuance of the written decision of the Ethics Officer, either the AICP complainant or respondent may appeal the decision to the Ethics Committee by filing a timely written notice of appeal with the Ethics Officer. Page 59 of 108 12 b) If an appeal is timely filed, the party filing the appeal shall, within fourteen (14) days, provide the Ethics Officer with a written statement as to the basis for the appeal. The Ethics Officer shall, within ten (10) days, transmit that document to the party against whom the appeal is filed. That party shall have thirty (30) days to provide the Ethics Officer with a written statement of his or her position on the appeal. The Ethics Officer shall transmit all written statements of the parties to the Ethics Committee within ten (10) days after the record is complete. c) After receiving any timely filed statements of the parties, the Ethics Committee shall issue a written decision on the appeal. Before issuing a decision, the Ethics Committee, in its sole discretion, may consult with the Ethics Officer. The Ethics Committee may also, in its sole discretion, determine whether to hold a hearing at which the parties may present their positions and answer questions posed by the Committee. A hearing will be held by telephone or other electronic means unless all parties and the Ethics Committee agree that it should be held in person. The expenses of each party in connection with any hearing, such as transcripts, travel, and attorneys' fees, will be borne by that party. d) The Ethics Committee may (1) affirm the decision of the Ethics Officer; (2) affirm the decision but impose a different remedy; (3) vacate the decision of the Ethics Officer and return the case to the Ethics Officer for additional investigation, consideration of different Code sections or issues, or any other follow up; or (4) vacate the decision of the Ethics Officer and issue its own decision. e) A decision to affirm the decision of the Ethics Officer, to impose a different remedy, or to vacate that decision and to issue the Ethics Committee's own decision shall be final. f) If the decision is to return the case to the Ethics Officer for follow up, the Ethics Officer may seek to explore settlement or may issue a decision consistent with the decision of the Ethics Committee. Before issuing such a decision, the Ethics Officer may seek additional input from the parties in a manner and format consistent with the Code of Ethics and Professional Conduct. 7. Effect of Dropping of Charges by Complainant or Resignation by Respondent a) If charges are dropped by the complainant, the Ethics Committee may, at its sole discretion, either terminate the ethics proceeding or continue the process without the complainant. b) If the respondent resigns from AICP or lets membership lapse after a complaint is filed but before the case is finalized, the Ethics Committee may, at its sole discretion, either terminate the ethics proceeding or continue the process. As in any situation, the Ethics Committee may also determine to file a complaint with the appropriate law enforcement authority if it believes that a violation of law may have occurred. 8. Reporting Page 60 of 108 13 a) Any written decision of the Ethics Committee may, at the discretion of the Committee, be published and titled "Opinion of the AICP Ethics Committee". b) Any written decision of the Ethics Officer shall be referenced in the Annual Report of the Ethics Officer. Section E: Discipline of Members 1. General AICP members are subject to discipline for certain conduct. This conduct includes (a) conviction of a serious crime as defined in paragraph 3; (b) conviction of other crimes as set forth in paragraph 4; (c) a finding by the Ethics Committee or Ethics Officer that the member has engaged in unethical conduct; (d) loss, suspension, or restriction of state or other governmental professional licensure; (e) failure to make disclosure to AICP of any conviction of a serious crime or adverse professional licensure action; or (f) such other action as the Ethics Committee or the Ethics Officer, in the exercise of reasonable judgment, determines to be inconsistent with the professional responsibilities of a Certified Planner. 2. Forms of Discipline The discipline available under this Policy includes: (a) a confidential letter of admonition, (b) a public letter of admonition, (c) suspension of AICP membership, or (d) revocation of AICP membership. The Ethics Officer or the Ethics Committee may attach conditions to these disciplinary actions, such as the writing of a letter of apology, the correction of a false statement or statements, the taking of an ethics course, the refunding of money, or any other conditions deemed just in light of the conduct in question. 3. Conviction of a Serious Crime a) The membership of a Certified Planner shall be revoked if the Planner has been convicted of a "serious crime". Membership shall be revoked whether the conviction resulted from a plea of guilty or nolo contendere, from a verdict after trial, or otherwise. Membership shall be revoked even if the Planner is appealing a conviction, but it will be reinstated if the conviction is overturned upon appeal. b) For purposes of this Policy, the term "serious crime" shall mean any crime that, in the judgment of the Ethics Committee or the Ethics Officer, involves false swearing, misrepresentation, fraud, failure to file income tax returns or to pay tax, deceit, bribery, extortion, misappropriation, theft, or physical harm to another. 4. Conviction of Other Crimes Page 61 of 108 14 a) Discipline may also be imposed if a Certified Planner has been convicted of a crime not included within the definition of "serious crime," including an action determined by the Ethics Committee or the Ethics Officer to be inconsistent with the professional responsibilities of a Certified Planner. b) Before any discipline is imposed under this section, the member shall have a right to set forth his or her position in writing to the Ethics Officer. The Ethics Officer shall, in that Officer's sole discretion, determine whether to give the member a hearing. The Ethics Officer shall notify the member of the decision. c) A member who has had discipline imposed by the Ethics Officer shall have thirty (30) days from the date of notification of the adverse decision to file an appeal to the Ethics Committee. The member may do so by filing a timely notice of appeal with the Ethics Officer. The notice shall be accompanied by a statement of the basis for the appeal. The Ethics Officer will transmit any appeal and accompanying notice to the Ethics Committee. That Committee shall determine, in its sole discretion, whether to grant a hearing. The Ethics Committee shall, after considering the relevant information, issue a written opinion on the appeal. 5. Unethical Conduct The forms of discipline set forth in paragraph 2 shall apply to any member who is found to have engaged in unethical conduct in accordance with the procedures established in the Policy on Adjudication of Complaints of Misconduct. 6. Revocation, Suspension, or Restriction of Licensure a) The Ethics Committee or Ethics Officer shall impose such discipline as the Committee or Officer regards as just if a state or other governmentally-issued professional license of a Certified Planner has been revoked, suspended, or restricted for any reason relating to improper conduct by the Planner. b) Before any discipline is imposed under this section, the provisions of section 4 (b) and (c) shall apply. 7. Duty to Notify Ethics Officer a) A member who has been convicted of a serious crime or who has had his or her state or other governmentally-issued professional license revoked, suspended, or restricted for any reason relating to improper conduct by the member shall promptly report the relevant development to the Ethics Officer. Page 62 of 108 15 b) Failure of a member to report that he or she has been convicted of a serious crime or has had a professional license revoked, suspended, or restricted for a reason relating to improper conduct by that member may itself result in discipline of that member. 8. Other Conduct Inconsistent with the Responsibilities of a Certified Planner a) The Ethics Officer shall have the right to discipline any member for any conduct not otherwise covered by this Policy that the Officer determines to be inconsistent with the responsibilities of a Certified Planner. b) Conduct covered by this section shall include, but not be limited to, a finding in a civil case that the member has engaged in defamation or similar unlawful action, has knowingly infringed the copyright or other intellectual property of another, or has engaged in perjury. c) Before any discipline is imposed under this section, the provisions of section 4-b and 4-c shall apply. 9. Petition for Reinstatement a) Any Certified Planner whose membership or certification is revoked may petition the Ethics Committee for reinstatement no sooner than five years from the time of revocation. The Ethics Committee shall determine, in its sole discretion, whether to afford the petitioner a hearing and/or whether to seek additional information. The Committee shall determine, in its sole judgment, whether reinstatement is appropriate and what, if any, conditions should be applied to any such reinstatement. The Ethics Officer shall transmit the reinstatement determination to the Planner. b) If the Ethics Committee denies the Petition, that Officer shall advise the Planner of the opportunity to file a subsequent petition after twelve (12) months have elapsed from the date of the determination. 10. Publication of Disciplinary Actions The Ethics Committee, in its sole discretion, may publish the names of members who have had disciplinary action imposed and to state the nature of the discipline that was imposed. The authority to publish shall survive the voluntary or involuntary termination or suspension of AICP membership and certification. The Ethics Committee, in its sole discretion, may also determine not to publish such information or to publish only so much of that information as it deems appropriate. Page 63 of 108 16 AICP Code of Ethics and Professional Conduct Draft Glossary October 2021 Diversity "Diversity is an inclusive concept which encompasses, but is not limited to, race, ethnicity, class, gender, age, sexuality, ability, educational attainment, spiritual beliefs, creed, culture, tribal affiliation, nationality, immigration status, political beliefs, and veteran status. With greater diversity, we can be more creative, effective, and just, and bring more varied perspectives, experiences, backgrounds, talents, and interests to the practice of planning and to the communities we serve. We recognize that achieving diversity and inclusion is an evolutionary process that requires an ongoing renewal of our commitment." Source: American Planning Association Planning for Equity Policy Guide, Page 6. "Diversity is the presence of difference within a given setting. The presence of difference in a system aid in greater productivity, problem solving, enriched perspectives, and efficiency." Source: PAS Memo May/June 2019. More and Better: Increasing Diversity, Equity, and Inclusion in Planning, By Kendra L. Smith, PhD. Page 2 Diversity is an inclusive concept which encompasses, but not is not limited to race, ethnicity, class, gender, age, sexuality, ability, educational attainment, spiritual beliefs, creed, culture, tribal affiliation, nationality, immigration status, political beliefs and veteran status. With greater diversity, we can be more creative, effective and just, and bring more varied perspectives, experiences, backgrounds, talents and interests to the practice of planning and to the communities we serve. Source: APA Equity, Diversity, and Inclusion Vision, Mission and Strategy. Updated September 2019. American Planning Association Equity, Diversity, and Inclusion Vision Statement . Original source: Policy Link. "The Equity Manifesto." 20919. Equity Equity is giving attention to the advantages and disadvantages that exist among groups and individuals, correction of the inequities identified, and provision of access to resources and opportunities needed. Page 64 of 108 17 Equity is different from diversity. Diversity invites others in, but equity modifies practices to support inclusion and flourishing. This is why the distinction between diversity and equity is so important. Diversity is largely numbers-driven. It is easier to gauge and apply metrics to. Equity, on the other hand, is largely values-driven. Source: PAS Memo May/June 2019. More and Better: Increasing Diversity, Equity, and Inclusion in Planning, By Kendra L. Smith, Ph.D. Page 2 Equity is "just and fair inclusion into a society in which all can participate, prosper, and reach their full potential. Unlocking the promise of the nation by unleashing the promise in us all." The inclusive, holistic nature of this definition provides the foundation for considering and applying an equity process in all facets of planning, all levels of planning, all means of planning, and in all planning policies, working to eliminate socio-economic disparities. APA Equity, Diversity, and Inclusion Vision, Mission and Strategy . Updated September 2019. American Planning Association Equity, Diversity, and Inclusion Vision Statement . Environmental Injustice Environmental justice is defined by the U.S. Environmental Protection Agency as "fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies." The movement toward environmental justice was started primarily by people of color and grew from a recognition that the poor and people of color are those who most often live in or near America's most polluted environments. Source: American Planning Association Planning for Equity Policy Guide, Page 8. Injustice is the absence of fair treatment and meaningful involvement. Source: American Planning Association Planning for Equity Policy Guide Harassment According to the EEOC, harassment is unwelcome behavior. It must be relatively severe or pervasive in nature. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of harassment. Most of the unacceptable behaviors noted below are related to the workplace, but planners should make sure that information they communicate on any form of social media respect these norms. Types of harassment and examples include: 1. Verbal/Written x Sending emails with offensive jokes or graphics about race or religion Page 65 of 108 18 x Repeatedly requesting dates or sexual favors in person or through other forms of communication. x Asking about family history of illnesses or genetic disorders x Making derogatory comments about someone's disability or age x Imitating someone's foreign accent behind their back. x Posting information on social media of a derogatory nature. 2. Physical x Lewd hand gestures or other gestures meant to convey curse words x Unwanted touching of a person or their clothing x Frequently following or standing too close to a person on purpose x Making sexually suggestive facial expressions x Playing music with offensive or degrading language 3. Visual x Wearing clothing with offensive or vulgar language x Displaying posters or pictures of a sexual nature x Showing other people sexually suggestive text messages or emails or social media posts. x Watching pornographic or violent videos x Drawing violent or derogatory images Source: 3 Types Of Workplace Harassment To Watch Out For, Everfi.com Historic Patterns of Inequity Low-income residents, communities of color, tribal nations, and immigrant communities have disproportionately experienced some of the greatest environmental burdens and related health problems. This inequity is the result of many factors: inappropriate zoning and negligent land use planning; failure to enforce proper zoning or conduct regular inspections; deed restrictions and other discriminatory housing and lending practices; the prioritization of business interests over public health; development patterns that tend to concentrate pollution and environmental hazards in certain communities; and the like. Source: American Planning Association Planning for Equity Policy Guide, Page 9 in a citation attributed to SB 1000 Implementation Toolkit: Planning for Healthy Communities , which was published in 2017 by PlaceWorks and the California Environmental Justice Alliance. Historically marginalized/underrepresented communities — Groups denied full participation in the mainstream cultural, political, and economic activities. Page 66 of 108 19 Groups and communities that experience discrimination and exclusion (social, political and economic) because of unequal power relationships across economic, political, social and cultural dimensions. Source: National Collaborating Center for Determinants of Health . Historically marginalized/underrepresented communities include: x Cultural minorities x Ethnic minorities x Indigenous communities x Low-income individuals x LQBTQ+ x People of color x People with health issues that are unseen x People with disabilities x People with limited English ability x People with various political beliefs x People with uncertain immigration status x Prisoners x Senior citizens Inclusion Inclusion "demonstrates an environment in which all individuals are treated fairly and respectfully; are valued for their distinctive skills, experiences, and perspectives; have equal access to resources and opportunities; and can contribute fully to the organization's success." Source: APA Equity, Diversity, and Inclusion Vision, Mission and Strategy Updated September 2019. American Planning Association Equity, Diversity, and Inclusion Vision Statement. Original source: American Library Association. "Equity, Diversity, Inclusion: An interpretation of the Library Bill of Rights." 2007. Indigenous Peoples Indigenous Peoples are distinct social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced. The land and natural resources on which they depend are inextricably linked to their identities, cultures, livelihoods, as well as their physical and spiritual well-being. They often subscribe to their customary leaders and organizations for representation that are distinct or separate from Page 67 of 108 20 those of the mainstream society or culture. Many Indigenous Peoples still maintain a language distinct from the official language or languages of the country or region in which they reside. Source: World Bank definition Privilege A right or benefit that is given to some people and not to others Source: Merriam Webster Dictionary White privilege is an institutional (rather than personal) set of benefits granted to those of us who, by race, resemble the people who dominate the powerful positions in our institutions. One of the primary privileges is that of having greater access to power and resources than people of color do. Source: Understanding White Privilege by Francis E. Kendall, Ph.D., © 2002 Social Justice The goal of social justice is not met when underserved populations shoulder the weight of untenable living conditions, and subsequently experience no material benefit after community improvements are implemented. Instead, social justice requires the examination of both the positive and negative impacts of community improvements on all community members so that all members benefit and no one group or neighborhood is unfairly disadvantaged. This results in "paying it forward," by improving conditions for future residents. Source: American Planning Association Planning for Equity Policy Guide, Page 5 Substantial Injury A real and immediate physical injury or a resulting adverse physical condition of a substantial nature to one or more persons. Source: Lawinsider.com The act or practice must cause or be likely to cause substantial injury to consumers. Substantial injury usually involves monetary harm. Monetary harm includes, for example, costs or fees paid by consumers as a result of an unfair practice. 5 An act or practice that causes a small amount of harm to a large number of people may be deemed to cause substantial injury. Actual injury is not required in every case. A significant risk of concrete harm is also sufficient. However, trivial or merely speculative harms are typically insufficient for a finding of substantial injury. Emotional Page 68 of 108 21 impact and other more subjective types of harm also will not ordinarily amount to substantial injury. Nevertheless, in certain circumstances, such as unreasonable debt collection harassment, emotional impacts may amount to or contribute to substantial injury. Source: Consumer Financial Protection Bureau, Consumer Laws and Regulations, Page 2 Page 69 of 108 Page 70 of 108 Page 71 of 108 Page 72 of 108 Page 73 of 108 Page 74 of 108 Page 75 of 108 Page 76 of 108 Page 77 of 108 Page 78 of 108 Page 79 of 108 Page 80 of 108 Page 81 of 108 Page 82 of 108 Page 83 of 108 Page 84 of 108 Page 85 of 108 Page 86 of 108 Page 87 of 108 Page 88 of 108 Page 89 of 108 Page 90 of 108 Page 91 of 108 Page 92 of 108 Page 93 of 108 Page 94 of 108 Page 95 of 108 Page 96 of 108 Page 97 of 108 Page 98 of 108 Page 99 of 108 Page 100 of 108 Page 101 of 108 Page 102 of 108 Page 103 of 108 Page 104 of 108 Page 105 of 108 Page 106 of 108 Page 107 of 108 Page 108 of 108