EXHIBIT E
EXHIBIT O
Road
EXHIBIT P
1 DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE
REDWOOD AVENUE WESTERN HILLS PROJECT
______________________
This Declaration of Covenants, Conditions, and Restrictions of The Redwood Avenue Western Hills Project (“Declaration”) is made on the date executed below by David J. Hull, individually as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, a California limited liability company (collectively “Declarant”).
RECITALS
This Declaration is made with regard to the following facts:
A. Declarant is the owner of that certain property located in the County of Mendocino County, California, comprising approximately fifty-five (55) acres and more particularly described and shown in Exhibit A, which is attached hereto and incorporated herein by reference (“Development Property”).
B. Declarant intends to improve the Development Property by creating, including through the boundary line adjustment process, between three (3) and up to seven (7) residential parcels (or Lots) within the Development Property lands from and among a certain real property, portions of which Declarant owns and portions of which are owned by the City of Ukiah (“City”). Such lands owned by Declarant and City are more particularly described in Exhibit B and Exhibit C, respectively, each of which is attached hereto and incorporated herein by reference (collectively “Hull-City Properties”)
C. The present configuration of the legal parcels comprising the HullCity Properties is shown on the first page (labeled “Existing Condition”) of the Map attached hereto and incorporated herein by reference as Exhibit D. The approximate intended location of all proposed seven Lots in the Development Parcels is shown as Parcels 1-7 on the second page (labeled “Proposed Condition”) of the Map.
D. Two Lots within the Development Property have been configured and established as legal parcels. The two parcels are shown on Exhibit A, labeled “Parcel 1” and “Parcel 2,” and also on Exhibit D, labeled there “Par 1” and “Par 2.” Declarant intends to configure the additional parcel or parcels within the lands described as “Additional Development Area” on the map made part of Exhibit A.
E. Declarant intends to create said Lots as part of a private, gated, residential development providing for separate title to each parcel/lot within said development project.
2 F. Declarant has constructed or will cause to be constructed certain improvements, utilities, and infrastructure, including an access road, a locked gate, drainage, and water, sewer, and electrical systems to serve the Development Property.
G. The configuration, boundary line adjustment(s), and development will be done in accordance with that certain “Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions” (“Exchange & Development Agreement”), entered into by Declarant and the City.
H. The City will have access to and use of some Common Improvements (as defined herein) and the Declarant, Association, and Owners of the Lots in the development shall have easements for access and use of the Common Improvements and to the Lots.
I. The City is required, through the Mendocino Local Agency Formation Commission (“LAFCo”), to seek to annex the lands comprising the Development Property and/or to secure out of area service agreement(s) for the provision of utilities services to the Lots within the Development Property. Annexation would allow the creation and development of up to seven parcels within the Development Property. Absent annexation, it is expected that the total number of parcels to be created and developed within the Development Property would be more limited and subject to County of Mendocino zoning rules and regulations.
J. Declarant may create an Association to carry out the provisions of this Declaration.
K. Use of a portion of the Common Improvements described herein will also be made by certain neighboring property owners under the “Easement, Road Access And Maintenance Agreement” (“Access Agreement”), entered into by Declarant, the City, and said neighboring property owners, recorded on March 11, 2022, in the Official Records of Mendocino County as document 2022-03302.
L. As further provided in the Exchange & Development Agreement and Access Agreement, neither the neighboring property owners nor the City of Ukiah will become members of the Association, but are required to pay maintenance fees to the Association.
M. Pursuant to the Exchange & Development Agreement and Access Agreement, the Association has the right and obligation to maintain Common Improvements through and in the Development Property and including extensions thereof through the lands of the neighboring property owners.
NOW THEREFORE, Declarant hereby declares that all of the property described in Exhibit A is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following limitations, restrictions, covenants and conditions, all of which are declared and agreed to be in furtherance of the plan for residential development
3 / improvement and sale of said real property as part of a private, gated, residential development, and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of the real property and every part thereof. All of the limitations, easements, uses, obligations, covenants, restrictions and conditions stated herein shall run with the real property, shall be binding on all parties having or acquiring any right, title or interest in any part of that real property, and shall be for the benefit of each Owner of any portion of that real property, or any interest in it, and shall inure to the benefit of and be binding upon each successor in interest of the Owners thereof. Each and all of these limitations, easements, uses, obligations, covenants, conditions and restrictions shall be deemed to be, and shall be construed as, equitable servitudes, enforceable by any of the Owners of any of the individual Lots against any other Owner, tenant or occupant of the Lots, the real property, or any portions of it.
ARTICLE I. DEFINITIONS
Unless the context clearly indicates a different meaning, the terms used here, in the Project Documents, in any plans for the Development Property, and in any deeds regarding Lots in the Project shall have the meaning specified in this article.
1.1 "Architectural Control Guidelines" or "Guidelines" shall mean the written architectural review standards promulgated by the architectural control committee as provided Section 10.3.
1.2 "Articles" shall mean the articles of incorporation of the Association.
1.3 "Assessments" shall mean the regular and special assessments levied against each lot and its owner as provided in Article VI.
1.4 "Association" shall mean the association established hereunder to carry out the provisions of this Declaration.
1.5 "Board" shall mean the Board of Directors of the Association.
1.6 "Bylaws" shall mean the Association’s bylaws as amended from time to time.
1.7 "Common Improvements" shall mean the “Road” (to its terminus at the western boundary of the Development Property) as labeled and shown on the map attached hereto and incorporated herein by reference as Exhibit E, the water system (water well(s), water-storage tanks(s), pumps, and water pipelines to enable connection by Owners to serve individual Lots), the sewage disposal system (holding tank(s), pumps, and other components to enable connection by Owners to serve individual Lots for the treatment of sewage solids and/or an effluent line with connection to the City’s sewer main), and electrical and other utilities to serve the Common Improvements and to enable connection by Owners to serve individual Lots.
4 1.8 "Declarant" shall mean David J. Hull, individually as Trustee of the David J.
Hull Living Trust, and D&J Investments, LLC, a California limited liability company and his/its successors and assigns.
1.9 “Declarant’s Reserved Rights” shall mean Declarant’s rights and interests reserved, retained, and/or granted in the Exchange & Development Agreement and/or Access Agreement.
1.9 "Declaration" shall mean this instrument as amended from time to time.
1.10 "Dwelling" shall mean a single-family residential dwelling unit, together with garages and permissible accessory structures on the same Lot.
1.11 "Improvement" shall mean Structures, as defined herein, substantial plants such as trees, hedges, shrubs, bushes and major landscaping of any kind. "Improvement" shall include any excavation, fill, ditch, diversion dam or other thing or device that affects or alters the natural flow of surface or subsurface water from, upon, under or across any portion of the Project. "Improvement" shall also mean any utility line, conduit, pipe or other related facility or equipment.
1.12 "Individual Charges" shall mean those charges levied against an Owner or Member by the Association as provided in Section 6.5.
1.13 "Lot(s)" shall mean any one of the three (3) to seven (7) residential lots of the Project and, where applicable, such other properties that, in the discretion of the Association, are admitted to membership.
1.14 Map shall mean that certain Tentative Map, consisting of two pages, the first of which is entitled “Existing Condition” and the second of which is entitled “Proposed Condition,” as true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit D.
1.15 "Member" shall mean a person entitled to membership in the Association as provided herein. Each Owner or co-Owner of a Lot shall be a Member.
1.16 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "mortgagee" shall include the beneficiary under a deed of trust. A "first mortgage" or "first mortgagee" is one having priority as to all other mortgages or holders of mortgages encumbering the same Lot or other portions of the Project. A "first mortgagee" shall include any holder (including FHLMC and FNMA), insurer (including FHA) or guarantor (including VA) of a first mortgage on a Lot or other portion of the Project. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean Federal National Mortgage Association. "FHA" shall mean the Federal Housing Administration of the United States Department of Housing and Urban Development. "VA" shall mean the
5 Veterans Administration of the United States Department of Housing and Urban Development.
1.17 "Owner" shall mean any person or persons, entity or entities, or combinations thereof, holding a record fee ownership interest in a Lot, including Declarant, and contract sellers. "Owner" shall not include persons or entities that hold an interest in a Lot merely as security of the performance of an obligation.
1.18 "Project" shall mean the entire parcel(s) of real property described in Exhibit A, which is or shall be reconfigured into Lots.
1.19 "Project Documents" shall mean this Declaration and the Articles, Bylaws, Rules and regulations of the Association, including any architectural control guidelines and easements of record reserved or granted to or by the Declarant or Association, and shall include the Exchange & Development Agreement and Access Agreement.
1.20 "Rules" shall mean the rules, if any, promulgated by the Association to govern the possession, use and enjoyment of the Project as amended from time to time.
1.21 "Structure" shall mean any tangible thing or device to be fixed permanently or temporarily to real property including, without limitation, any Dwelling, building, garage, accessory dwelling unit, driveway, bikeway, walkway, concrete pad, asphalt pad, porch, patio, shed, greenhouse, bathhouse, tennis court, pool, barn, stable, fence, wall pole, sign, antenna, sprinkling system or tent.
ARTICLE II. PROPERTY
2.1. Property Subject to Declaration. All of the real property described in Exhibit A is hereby declared to be subject to this Declaration.
2.2. Common Improvements Ownership & Easements; Water Development Restrictions. The Declarant, and then upon its formation the Association, shall be granted / reserve in any conveyance creating an Owner’s interest in a Lot, an exclusive easement in gross for use, maintenance, and control of the Common Improvements for the use and benefit of the Project, and shall convey to the Owner a non-exclusive easement for use of the Common Improvements, including on the Owner’s Lot, provided that said exclusive easement shall not be made appurtenant to any land other than that described in Exhibit A unless otherwise approved by the Association as provided in this Declaration. The Common Improvements shall be maintained by the Association as provided in Section 5.3.A. The Declarant, and then upon its formation the Association, shall own the personal property comprising the Common Improvements.
6 The right to drill wells or develop water on any of the Lots is hereby exclusively reserved to the Declarant and, once formed, the Association, which shall have the sole right to perform those activities, subject to certain restrictions set forth in Section 5.3.E. No Lot Owner may drill for water or develop water without the express written permission of the Association.
2.3. Incidents of Lot Ownership, Inseparability. Every Lot shall have appurtenant to it the following interests: (a) A membership in the Association; and, (b) a non-exclusive easement for use and enjoyment of the Common Improvements subject to the easements of record and these covenants, conditions, and restrictions. Limitations, easements and lien as are contained in the Project Documents and subject to other reasonable regulation by the Association. Such interests shall be appurtenant to and inseparable from ownership of the Lot.
Any attempted sale, conveyance, hypothecation, encumbrance or other transfer of those interests without the Lot shall be null and void. Any sale, conveyance, hypothecation, encumbrance or other transfer of a Lot shall automatically transfer these interests to the same extent.
2.4. Owner's Obligation to Maintain Lot. Except as otherwise specifically provided herein, each Owner shall at all times maintain and repair all portions of his/her/its Lot, keeping the same in a safe, sanitary and attractive condition.
Grasses, bushes and vegetation shall be controlled in such a manner so as to avoid becoming a fire hazard to surrounding property. Owners shall at all times maintain Structures on their Lot, and their Lot generally, such that it adheres to minimum standards for fire mitigation and safety on individual Lots as promulgated by CalFire or any successor agency as well as any fire or safety Rules of the Association.
In the event an Owner fails to maintain and repair a Lot as provided herein, including in a manner which the Board reasonably deems necessary to preserve the safety, appearance and value of the Project, the Board may notify the Owner of the required maintenance or repair and request that it be done within a reasonable and specified time period. In the event that the Owner fails to carry out such maintenance or repair within said period, the Board shall have the right to enter upon the Lot to cause such maintenance / repair to be done and, subject to the notice and hearing requirements of Section 7.2.A (2), individually charge the cost thereof to such Owner. Notwithstanding the foregoing, in the event of an emergency arising out of the failure of an Owner to maintain or repair a Lot, the Board shall have the right to abate the emergency and, subject to the notice and hearing requirements of Section 7.2.A (2), individually charge the cost thereof to such Owner.
2.5 Declarant’s Reserved Rights. Each Lot, including upon any conveyance to an Owner, is hereby declared to be subject to Declarant’s Reserved Rights.
2.6 Delegation of Use; Contract Purchasers, Lessees, Tenants. Any Owner may delegate their rights of use and enjoyment in the Project in a reasonable manner
7 to the Owner’s family members, guests, and invitees, and to such other persons as may be permitted by the Project Documents, subject however, to the Project Documents and Rules, and subject to the number of persons or frequency of use not being unreasonable. However, if an Owner sells a Lot to a contract purchaser, or has leased or rented it, the Owner, and the Owner’s family members, guests, and invitees, shall not be entitled to use or enjoy the Project while the Owner's Lot is occupied by such contract purchaser, lessee, or tenant. Instead, the contract purchaser, lessee, or tenant, while occupying such Lot, shall be entitled to use and enjoy the Project, to the extent the Owner would otherwise be permitted to do so, and may delegate the rights of use and enjoyment in the same manner as if such contract purchaser, lessee, or tenant were an Owner during the period of occupancy. During the time period an Owner's Lot is occupied by a contract purchaser, such contract purchaser shall have the right to exercise such Owner's voting rights (as to such Lot) in the Association and such Owner shall give to such contract purchaser, upon demand, such proxies as are necessary to exercise the Owner's voting rights (as to such Lot) in the Association. Each Owner shall notify the secretary of the Association of the names of any contract purchasers, lessees, or tenants of that Owner's Lot. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of an Owner.
2.7. Responsibility for Damage to Common Improvements. The cost and expense of repair or replacement of any portion of the Common Improvements resulting from the willful or negligent act of an Owner, or the Owner’s contract purchasers, lessees, tenants, family, guests, or invitees, or any of their agents, servants, or employees, shall be, in addition to the party directly at fault, the responsibility of such Owner to the extent that it is not covered by insurance maintained by the Association. The Association shall cause such repairs and replacements to be made and, subject to the notice and hearing requirements of Section 7.2.A (2), individually charge the cost thereof, including any insurance deductible, to such Owner.
2.8 Reservation of Easements to Complete, Sell. Declarant hereby declares that the following easements shall be reserved over the Project to themselves and their successors and assigns to the extent reasonably necessary to complete and sell, lease, rent or otherwise dispose of the Lots: Easements for ingress and egress, drainage, encroachment, maintenance of temporary structures, operation and storage of construction equipment and vehicles, for doing all acts reasonably necessary to complete, repair, or develop the Project, or to discharge any other duty of Declarant under the Project Documents or sales contracts or otherwise imposed by law. This easement shall exist until the last Lot is conveyed by Declarant.
Declarant covenants to use the above easements in a manner that will reasonably minimize any adverse impact upon the possession, use and enjoyment of the Owners.
2.9. Utilities. Whenever sanitary sewer, water, electric, gas, television, telephone lines or other utility connections are located or installed within the Project, the Owner of each Lot served by said connections shall be entitled to the
8 use and enjoyment of such portions of said connections for service to such Lot.
Every Owner shall pay all utility charges, which are separately metered or billed, to the Owner’s Lot. Every Owner shall maintain installations specifically arranged to be maintained by the Association or utility companies, public or private. The Association and utility companies shall have the right, at reasonable times after reasonable notice, to enter upon the Lots and Common Improvements to discharge any duty to repair or maintain Project utilities.
Whenever sanitary sewer, water, electric, gas, television, telephone lines or other utility connections are located within the Project, the Owner of a Lot served by said connections shall have the right to, and is hereby granted, an easement as reasonably necessary to, at reasonable times after reasonable notice, enter upon the Project Lots or Common Improvements, or to have his agents or utility companies enter upon the Project Lots or Common Improvements, in order to maintain or repair said connections as and when reasonably necessary.
In the event of a dispute between Owners with respect to the maintenance or repair of said connections, or with respect to the sharing of the cost thereof, then the matter shall be submitted to the Board for arbitration, whose decision shall be final.
2.10. Easements & Maintenance. Easements over and under the Project for the installation, repair, and maintenance of sanitary sewer, water, electric, gas, and telephone lines, cable or master television antenna lines, and drainage facilities, as serve the Project, are hereby reserved for Declarant and the Association, together with the right to grant and transfer the same.
Subject to the Exchange & Development Agreement and Access Agreement, the Association shall maintain the Common Improvements and, with respect to utilities, to points of connection for individual Lots, except for those installations specifically arranged to be maintained by an Owner or utility companies, public or private.
ARTICLE III. USE RESTRICTIONS
In addition to all of the covenants contained herein, the use of the Project and each Lot therein shall be subject to the following use restrictions.
3.1. Conditions of Approval to Develop Single Family Residence on Lot. The use and improvement of the Project shall comply with the mitigation measures, adopted by the City, attached hereto as (Ex.F) and any conditions of approval as may be lawfully required by governing agencies. Further, unless variance is approved in writing by the City of Ukiah: (a) if a Lot is developed with a single-family residence before its annexation into the City becomes final, the development of that Lot shall comply with the mitigation measures in Exhibit F including compliance with Ukiah City Code Sections 9135-9139, with compliance being a condition of said development and subject to determination and approval by the Association in consultation with the City; and, (b) if a Lot is developed with a single-family
9 residence after its annexation into the City becomes final, the Lot Owner shall comply with said Ukiah City Code sections with compliance being a condition of said development and subject to determination and approval by the City.
3.2. Use of Individual Lots. No Lot shall be occupied and used except for singlefamily residential purposes by the Owners, their contract purchasers, lessees, tenants, or guests, and no commercial business shall be conducted therein except as may be allowed by the City of Ukiah residential zoning code.
3.3. Nuisances. No noxious, illegal, or offensive activities shall be carried on in any Lot, nor on any other part of the Project, nor shall anything be done therein that may be or may become an annoyance or a nuisance to or that may in any way interfere with the quiet enjoyment of each of the Owners with regard to their respective Lot, or that shall in any way increase the rate of insurance of the Project or for any other Lot, or cause any insurance policy to be canceled or cause a refusal to renew the same. Without limiting any of the foregoing, no Owner shall permit noise, including but not limited to, the barking of dogs, radios, televisions, music, or sound systems, to emanate from the Owner's Lot, which noise would unreasonably disturb another Owner's quiet enjoyment of his Lot.
Each Owner shall be responsible for compliance with this provision by all persons and permitted animals upon the Owner's Lot.
3.4. Re-Subdivision of Lots. Once finally established by Declarant, as may be determined by Declarant in Declarant’s sole discretion, none of the Lots within the Development Property shall be re-subdivided or split into Lots of a lesser size than the size of the original Lot as finally established by Declarant. Once Declarant sells or causes the sale of an established Lot to another Owner, Declarant shall not maintain the right, absent the Owner’s consent, to reconfigure said owner’s lot; Notwithstanding that, such Owner shall comply with, consent to, and take all other action reasonably necessary to effect a boundary line adjustment of lands within the Development Property as may at any time be desired by Declarant, including by participating in and consenting to such an adjustment that includes the Owner’s Lot, if the end result of the adjustment does not alter the boundaries of the Owner’s Lot.
3.5 Changing Grades, Slopes and Drainage. No change in the established grade or elevation of the Lots and no change in the established slope or ratio of the cuts and fills that alters established drainage patterns shall be permitted without the prior written consent of the Association and written approval of governing agencies, as applicable. Permission to make any such change shall not be unreasonably withheld if reasonably necessary to comply with Ukiah City Code Section 9135-9139. Declarant reserves the right to make any and all cuts and fills on said property and on the building sites included therein and to do such grading as in their judgment may be necessary to grade streets and Lots, or any part thereof, as may be deemed reasonably necessary or beneficial for the Project. Each of the Owners of the Lots covenants to permit free access by Declarant and Owners of adjacent Lots to slopes and drainage ways located on his property when such access is required for the maintenance or permanent
10 stabilization of said slopes or maintenance of the drainage facilities or for the protection and use of property other than the Lot on which the slope or drainage way is located.
3.6. Prohibitions Regarding Objectionable Vehicles. All of the following vehicles and categories of vehicles are hereby designated as "objectionable vehicles" which shall be subject to the special restrictions of this section a. Any over-sized vehicle, including any bus or aircraft, or any vehicle that exceeds 12,000 pounds gross vehicle weight, or that has a wheelbase exceeding 133 inches;
b. Any farm vehicle or equipment;
c. Any boat;
d. Any trailer designated to be pulled by any other vehicle; e. Any vehicle within the generally recognized category of recreational vehicle, including, without limitation, motorcycle, all-terrain vehicles, a camper or camper body that is or may be mounted upon a pickup truck;
f. Any inoperable vehicle; and
g. Any off-road unlicensed motor vehicle.
No objectionable vehicle may be permanently parked anywhere within Project (including any street, driveway, or yard area) unless it is enclosed within a garage or screened by fencing so as not to be generally visible from any street or from any Lot. Except for the occasional, temporary periods of not more than eight (8) hours, any Owner who parks or permits the prohibited parking of any objectionable vehicle on the Project shall be deemed to commit a nuisance within the meaning of Section 3.3, which may be actionable as provided in Article VII of the Declaration. No vehicle of any type (including regular passenger cars, trucks, motorcycles, bicycles or any objectionable vehicle) shall be parked on any street or other portion of the Project for the purpose of accomplishing repairs thereto or the reconstruction thereof, except for emergency repairs and then only to the extent necessary to enable movement of the vehicle. Violation of this prohibition against repairing vehicles shall also constitute a nuisance within the meaning of Section
3.3. 3.7. Signs. No signs of any kind shall be displayed to the public view from any Lot or from the Common Improvements without the approval of the Board except (i) one sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent, or exchange displayed from the Lot, (ii) such signs as may be used by Declarant or its assignees for the purpose of selling, renting or leasing Lots as permitted by Section 2.8, and (iii) such other signs or notices as are required by law, as are otherwise necessary to perfect a right provided for in law or as are required to be permitted by law.
3.8 Animals. No animals, livestock, reptiles or poultry of any kind shall be raised, bred, or kept on any portion of the Project; except that three dogs and three cats may be kept on a Lot. Pets must be kept under reasonable control at all times and no pets shall be allowed to roam unattended or unleashed within the Project.
11 3.9 Garbage and Refuse Disposal. All rubbish, trash, garbage, and other waste shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. Rubbish, trash, garbage and other waste shall be kept in covered, sanitary fly-proof containers. All equipment, garbage cans, woodpiles, storage piles or trash piles shall be kept screened and concealed from view of other Lots and the Road and other roads within the Project, except for the scheduled day for trash pickup. The burning of trash or garden refuse anywhere within the Project is absolutely prohibited, and there shall be no exterior fires whatsoever except for fires contained within barbeques, outdoor lanterns or similar equipment designed for the containment of a small fire.
3.10 Right to Lease. Nothing in this Declaration shall prevent an Owner from leasing or renting their Lot. However, any lease or rental agreement shall be in writing and shall be expressly subject to the Project Documents and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. In addition, no Lot shall be leased or rented for a period of less than thirty (30) days.
3.11 Wells, Derricks and Mines; Water Development. No wells for the production of or from which there is produced water, oil, steam, or gas shall be operated upon any Lot; nor shall any machinery, appliance or structure be placed, operated or maintained thereon for use in connection with any trading, manufacturing or repairing business. No mining or quarry operations of any kind shall be permitted upon or in any Lot, nor shall any oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Lot. No development of any water source shall be conducted on a Lot absent the written consent of the Board.
3.12 Radio and Television Antennas, Satellite Dishes. No Owner may construct, use, or operate his own external radio, television or other electronic antenna or satellite-receiving dish without the prior written consent of the Board. No citizens band or other transmission shall be permitted from the Project without the written consent of the Board.
3.13 Clotheslines. No outside clotheslines or other similar outside clothes drying facility shall be visible from any other Lot or the Road unless approved in writing by the Board.
3.14 Window Coverings. All windows shall be covered by draperies, shades, or shutters and shall not be painted or covered by foil, cardboard, or similar materials.
3.15 Temporary Structures. Except as provided in this Declaration or as is permitted in the Exchange & Development Agreement for Declarant’s (or their caretaker) temporary use to facilitate the Project’s development, no tents, shacks, trailers, basement, garage or outbuildings shall, at any time, be used on any Lot as a residence, either temporarily or permanently nor shall any residence of a temporary character be constructed, placed or erected on any Lot.
12 3.16 Upkeep of Real Property. Each Lot Owner covenants to keep, maintain, water, plant and replant all areas, slopes, banks, rights-of-way, and set back areas located on his/her/its Lot so as to prevent erosion and present an attractive, clean, and wholesome appearance at all times.
3.17 Uses of Garages. No single-family dwelling unit shall be constructed or maintained on a Lot without a garage large enough to contain two standard size automobiles, which garage shall be used to park the automobile(s) belonging to the Owner or occupants of the Lot and for other purposes compatible with such use. Automobiles are to be kept in the garage when not in use. The use of carports in place of garages is specifically prohibited.
3.18 Diligence in Construction. The work of constructing and erecting any building or Structure shall be prosecuted diligently and continuously from the commencement thereof until the same is completed. No outbuilding shall be completed prior to the completion of the Dwelling, except that temporary office and storage buildings may be erected for workman engaged in building a Dwelling on said property.
Such temporary structures must be removed as soon the Dwelling is completed.
All structures shall be suitably painted, colored and stained immediately upon completion of construction as per plans and specifications. The construction schedule shall be submitted as part of the plans and specifications and shall be subject to the approval of the Board.
3.19 Easements and Rights-of-Way. No Structure shall be constructed within an easement area, or as such that it might interfere with the purposes for which such an easement exists, without written approval of the Board.
3.20 Compliance with Project Documents. Each Owner, contract purchaser, lessee, tenant, guest, invitee, or other occupant of a Lot or user of the Common Improvements shall comply with the provisions of the Project Documents.
3.21 Compliance with Mitigation Measures. Prior to annexation of the Development Property by City, the Owners of the any Lots that commence residential development of their Lot shall implement the mitigations measures imposed by the City of Ukiah in approving the Exchange & Development Agreement, which measures are attached hereto and incorporated herein by reference as Exhibit F.
ARTICLE IV. THE ASSOCIATION MEMBERSHIP AND VOTING
4.1 Association. Until the Association is formed the Declarant, and once formed the Association, will be charged with the duties and empowered with the rights as set forth herein. It shall not be required that there be an incorporated Association.
This Declaration (and any articles, bylaws, or the rules of the Association) shall
13 govern the Association's affairs. However, in any conflict between this Declaration and any such articles, bylaws, or rules, this Declaration shall control.
4.2 Membership. Each Owner, including Declarant, shall be a Member of the Association and shall remain a Member thereof until such time as that Owner’s ownership ceases for any reason at which time that Owner’s membership in the Association shall automatically cease. Notwithstanding that, although the City will own a portion of the Development Property (the area labeled “Additional Development Area” on Exhibit A), it will not be a Member of the Association and it has, pursuant to the Exchange & Development Agreement, irrevocably assigned to Declarant all voting and other rights, interests, and privileges as would otherwise inure to the benefit of an Association Member as being an Owner of a portion of the lands comprising, including a Lot within, the Development Property. Owners of property adjacent to or near the Project may, from time to time, be admitted into membership by the Association, as provided hereafter.
4.3 Transferred Membership. Membership in the Association shall not be transferred, pledged, or alienated in any way except upon the transfer of an Owner’s ownership of the Lot to which that ownership is appurtenant, and then only to the new Owner. Any attempt to make a prohibited transfer is void. Any transfer of title to a Lot or interest in it shall operate automatically to transfer the appurtenant membership rights in the Association to the new Owner.
4.4 Voting. The Association shall have only one class of voting membership.
The Owners shall be entitled to one vote for each Lot owned, except that until the portion of the Development Property labeled “Additional Development Area” on Exhibit A is finally reconfigured by Declarant, the Owner of said area (presently Declarant) shall be entitled to five (5) votes for said area (one for each of the five prospective Lots to be configured in said area); provided, however, that for each Lot configured as a legal parcel in said area and sold by or at the direction of Declarant, said number of votes attributable to the Additional Development Area shall be reduced by one. If the owners of property outside the Project are admitted to membership, they shall be entitled to one vote per property admitted. However, should any such property be further subdivided and separately assessed under this Declaration, each separately assessed parcel shall be entitled to one vote.
When more than one person or entity owns a Lot, all such persons and entitles shall be members and the voting Owner shall exercise the vote for such Lot, but, in no event, shall more than one vote be cast with respect to any Lot. The record Owners of each Lot shall designate the voting Owner by written notice to the Board. The designation shall be revocable at any time by actual notice to the Board given by any of the Lot Owners of record or by the death or judicially declared incompetence or legal incapacity of any voting Lot Owner. When no voting Owner has been designated or the designation has been revoked, the vote for such Lot shall be exercised by the majority of co-Owners of that Lot.
4.5 Voting Procedures. Actions taken at meetings of the Association, unless otherwise required herein or by law, shall be by affirmative vote of a majority of Lot Owners present (one vote for each Lot). The admittance of new Members to the
14 Association shall be made only upon a vote of 66-2/3% or more of the Members. The vote on any proposed action may be by verbal response, by show of hands, or by secret ballot; provided, however, that elections for directors shall be by secret ballot.
4.6 Notices and Quorum and Location of Meeting. Written notice to the Members of the Association of any meeting of the Association, regular or special, shall be sent by the secretary to all members not less than ten (10) days nor more than ninety (90) days in advance of the meeting. Except as provided hereinafter, at any meeting called, the presence of Members or other proxies entitled to cast at least fifty percent (50%) of the total voting power of the Association shall constitute a quorum.
If any meeting cannot be held because the required quorum is not present, the majority of the Members present in person or by proxy may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was called. In the absence of a quorum, no business may be conducted except the adjournment thereof.
The first meeting of the Association shall be held within forty-five (45) days after the closing of the sale by Declarant of the second Lot in the Project, but in no event shall the meeting be held later than six (6) months after the closing of the sale of the first Lot by Declarant. Thereafter, the annual meeting of the Association shall be held on the day and time set forth in the bylaws.
A special meeting of the Members of the Association shall be promptly called by the president, or, if the president fails or refuses to do so, by a director, upon:
a. The vote of the Board itself; or
b. Receipt by the Board of a written request for such a special meeting signed by Members representing at least twenty percent (20%) of the total voting power of the Association.
The location of all such meetings shall be within the Project or as close thereto as is practicable and the written notice of such meeting shall state its location, specifying the place, day and hour and, in the case of a special meeting, the nature of business to be undertaken.
4.7 Board of Directors. The Board shall ultimately consist of one representative for each Lot in the Development Property plus five (5) representatives for the Owner of that portion of the Development Property labeled “Additional Development Area” on Exhibit A.; provided, however, that for each Lot configured as a legal parcel in said Additional Development Area and sold by or at the direction of Declarant, the Board shall then consist of one additional representative for such Lot and one less representative for the remaining Additional Development Area; i..e the Board will ultimately consist of representatives of each of the 3 to 7 Lots to be configured within the Development Property. The initial Board shall consist of the Declarant and one representative for any Lots owned by persons other than the Declarant.
15 Notwithstanding the foregoing, although the City will own a portion of the Development Property (the area labeled “Additional Development Area” on Exhibit A), it will not be a Member of the Association or a member of the Board and it has, pursuant to the Exchange & Development Agreement, irrevocably assigned to Declarant all voting and other rights, interests, and privileges as would otherwise inure to the benefit of an Association Member or an Owner of a portion of the lands comprising, including a Lot within, the Development Property.
The Board shall undertake all duties and responsibilities of the Association and the management and conduct of the affairs thereof.
ARTICLE V. ASSOCIATION POWERS, RIGHTS, DUTIES, LIMITATIONS
5.1 Generally. The Association shall have the power to perform any action reasonably necessary to exercise any right or discharge any duty enumerated in this Article or elsewhere in the Project Documents or reasonably necessary to operate the Project. In addition, the Association shall have all the powers and rights of such associations under the laws of the State of California.
The Association shall act through its Board and the Board shall have the power, right and duty to act for the Association.
The powers, rights, duties, and limitations of the Association set forth in this Article and elsewhere in the Project Documents shall vest in and be imposed on the Association on the occurrence of the earlier of (i) the conveyance of any of the Common Improvements to the Association, or (ii) the first conveyance by Declarant of a Lot in the Project.
5.2. Enumerated Rights. In addition to those Association rights that are provided elsewhere in the Project Documents, the Association shall, without limitation, have the following rights:
A. Delegation. To elect, employ, appoint, assign and delegate the rights and duties of the Association to officers, employees, agents and independent contractors, except the Board may not delegate its right and power to levy fines, hold hearings or impose disciplinary actions.
B. Enter Contracts. To enter contracts with third parties to furnish goods or services to the Project.
C. Dedicate and Grant Easements. To dedicate or transfer all or any part of the Common Improvements or easements therof to any public agency, authority, or utility or any other person or entity for such purposes and subject to such conditions as may be agreed to by the Association; provided, however, that no such dedication or transfer shall be effective unless (i) such dedication or transfer is approved by a majority of the Members, and (ii) an instrument in writing is signed
16 by the secretary of the Association certifying that such dedication or transfer has been approved by the required vote or written consent.
D. Established Rules. To adopt reasonable rules not inconsistent with the Declaration, the Articles, or the Bylaws relating to the use of the Common Improvements and facilities owned or controlled by the Association and the conduct of Owners and their contract purchasers, lessees, tenants and guests with respect to the Project and other Owners. A copy of the Rules shall be mailed or otherwise delivered to each Owner.
E. Entry. To enter upon any portion of the Common Improvements at any time, or otherwise upon any Lot after giving forty-eight (48) hours written notice to the Owner thereof, for any purpose reasonably related to the performance by the Association of its duties under this Declaration. In the event of an emergency, such right of entry upon any Lot shall be immediate. Any damage caused by such entry shall be repaired or otherwise reasonably compensated for by the Association.
5.3 Enumerated Duties. In addition to those Association duties that are imposed elsewhere in the Project Documents, the Association shall have the following duties.
A. Manage, Maintain Common Improvements. To manage, operate, improve, maintain, repair and replace the Common Improvements including private roads, streets or drives, water system, and related facilities, including personal property, in a safe, sanitary and attractive condition.
B. Enforce Project Documents. To enforce the provisions of the Project Documents by appropriate means as provided in Article VII.
C. Levy and Collection of Assessments and Individual Charges. To fix, levy and collect assessments and individual charges in the manner provided in Articles VI and VII.
D. Taxes and Assessments. To pay all real and personal property taxes and assessments and all other taxes levied against the Common Improvements, if any, and other property owned by the Association or against the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes.
To prepare and file any annual tax returns requested by the federal government and/or the State of California and to make such elections as may be necessary to reduce or eliminate the tax liability of the Association.
E. Water and other Utilities. To create and maintain a water system, sewer system, and electrical system for the benefit of the Lots. To acquire, provide
17 and pay for utility services as necessary for the Common Improvements. In order to fulfill the Association's duty to create and maintain a water system, it is hereby reserved to the Association all water rights in each of the Lots, whether it is surface water, spring water, or subterranean water. The Association shall have the right to drill a well on any of the Lots in the Project, subject to the following:
(1) Such well shall be reasonably necessary in order to provide water to the Lots in the Project.
(2) Such well shall be situated in such a way as to not diminish the value of the Lot on which it is drilled to any greater extent than does the existing well diminish the value of the Lot on which it is located. (3) No well shall be drilled in the front yard of any Structure on the Lot, nor shall it be located any closer than 100 feet from a residence. (4) In the event of any dispute concerning the drilling or location of a well on any Lot the dispute shall be submitted to the Association for resolution before resort to any legal action. Approval of the proposed well shall be by vote of at least 66 2/3% the membership excluding the vote attributable the Lot on which the proposed well will be situated.
F. Legal and Accounting. To obtain and pay the cost of legal, accounting, and other professional services necessary or proper to the maintenance and operation of the Project and the enforcement of the Project Documents.
G. Insurance. To obtain and pay the cost of insurance for the Project as provided in Section 8.1.
H. Bank Accounts. To deposit all funds collected from Owners pursuant to Articles VI and VII hereof and all other amounts collected by the Association as follows:
(1) All funds shall be deposited in a separate bank account (“general account”) with a bank located in the State of California. The Association shall keep accurate books and records regarding such account. The Association may use funds deposited in such account only for the purposes for which such funds have been collected.
(2) Funds which the Association shall collect for reserves for capital expenditures relating to the repair, maintenance, or improvement of the Common Improvements, and for such other contingencies as are required by good business practice, shall, within ten (10) days after deposit in the general account, be deposited into an interest-bearing account with a bank or otherwise prudently invested, which shall all herein be collectively referred to as the "reserve account." Funds deposited into the reserve account shall be held in trust and may be used by the Association only for the purposes for which such amounts have been collected.
18 Withdrawal of funds from the Association's reserve account shall require the signatures of the Board Treasurer and one other member of the Board.
I. Preparation and Distribution of Financial & Member Information. (1) Financial statements for the Association shall be prepared and distributed to all Members, regardless of the number of Members or the amount of assets of the Association, at least yearly. The Board shall also annually distribute, within sixty (60) days prior to the beginning of the fiscal year, a statement of the Association's policies and practices, if any, in enforcing its remedies against members for defaults in the payment of regular and special assessments, including the recording and foreclosing of liens against Member's Lots. (2) The Board shall cause to be kept adequate and correct books of accounts, a register of members, minutes of Board, and committee meetings, a record of all corporate acts, and other records as are reasonably necessary for the prudent management of the Project and to present a statement thereof to the members at the annual meeting of members, or at any special meeting when requested in writing by twenty percent (20%) of the voting power of Members. (3) The membership register (including names, addresses, and telephone numbers), books of account and minutes of meetings of the Board and of committees, shall be made available for inspection and copying by any Member of the Association, or by his/her duly appointed representative, at any reasonable time and for a purpose reasonably related to his interest as a Member, at the principal office of the Association or at such other place within the Project as the Board shall prescribe.
J. Statement of Status. To provide, upon the request of any Owner or mortgagor or mortgagee a written statement setting forth the amount, as of a given date, of any unpaid assessments, individual charges, or other debts or arrearages chargeable against any Owner or Lot. Such statements, for which a reasonable fee may be charged, shall be binding upon the Association in favor of any person who may rely thereon in good faith.
K. Architectural Control. To provide architectural control of the improvements of the Project as provided in Article X.
5.4 Obligations on Assignment by Declarant. Upon Declarant’s assignment of any of Declarant’s obligations in the Exchange & Development Agreement and / or Access Agreement to the Association, and as may be required by said agreements:
(1) the Association shall assume and comply with all obligations of Declarant and the Association as specified in the applicable provisions of the Exchange & Development Agreement and Access Agreement; (2) the Association shall assess Members for the full amount required to cover the full costs of the Declarant’s or the Association’s obligations under said agreements; (3) the provisions in this section
5.4 are not subject to amendment by the Association or its members or by any court;
19 and, (4) the City and the owners of the real properties more particularly described in Exhibit G attached hereto and incorporated herein by this reference, are third party beneficiaries of these subsections (1)-(4) of this section 5.4 as to their respective right, title, and interest in and to the lands owned by said parties that are affected by such obligations. Notwithstanding the preceding sentence, should the Association fail to exist as a separate legal entity, the collective owners of the Development Property shall be deemed the Association for purposes of this provision.
ARTICLE VI. ASSESSMENTS
6.1. Covenants for Assessments and Individual Charges. Declarant, for each Lot owned by Declarant, hereby covenants and agrees, and each Owner, by acceptance of a deed to a Lot, or by subsequent recorded acceptance of this Declaration, is deemed to covenant and agree for each Lot owned, whether or not it shall be expressly set forth in any such deed or other conveyance, to pay to the Association all regular assessments and all special and emergency assessments (collectively "assessments"), and all individual charges, to be established and collected as provided in this Declaration and in the other Project Documents, and to vest in the Association the right, power and authority to bring all actions for the collection of such charges and for the enforcement of the lien created hereby.
The right and power of the Association, and such obligation, shall run with the land so that each successive Owner or Owners of record of a Lot in the Project, or a property subsequently admitted to the Association, shall in turn become liable to pay all such assessments which shall become a lien thereon during the time they are the Owner of record of any Lot.
Each assessment levied by the Association under this article shall constitute a separate assessment. Each assessment, together with interest thereon, costs of collection and reasonable attorneys' fees incurred to enforce and/or collect any assessment, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. The Association, as the agent of all Lot Owners, shall have a separate lien, and a separate lien with power of sale is hereby expressly created, upon each Lot against which an assessment is made to secure the payment of any assessment under this article. Each such lien for any particular assessment, including those paid in installments, shall likewise bear interest thereon if the same is not paid when due, and shall further include costs of suit and reasonable attorney's fees incurred to enforce and/or collect the same. The priority of all such liens shall be in inverse order so that any foreclosure sale pursuant thereto will be made subject to all liens securing the respective monthly charges on such Lot for preceding months. Each such assessment, together with interest and attorney’s fees and costs, shall become the distinct and personal obligation of the Lot Owner at the time the assessment was due and shall bind the Owner’s heirs, devisees, personal representatives,
20 successors, and assigns. However, the personal obligations for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by such successive Lot Owner, but it may be foreclosed as herein provided. In the event of transfer of a Lot as a result of the exercise of the power of sale or judicial foreclosure involving a default under the first mortgage or deed of trust, the lien of assessments due and payable prior to such transfer shall be extinguished. No transfer of the Lot as the result of a foreclosure or execution of a power of sale shall relieve the new Owner, whether the former beneficiary of the first encumbrance or another person, from liability for any assessments thereafter coming due or from the lien thereof. No such assumption of personal liability by a successor Lot Owner shall relieve any previous Lot Owner of his personal liability for the delinquent assessment. After a record Lot Owner shall transfer, or record, title to a Lot, said Owner shall not be liable for any charge thereafter assessed against such Lot. A contract seller of any Lot shall continue to be liable for all such charges until a conveyance by such contract seller of the Lot subject to the assessment being recorded in the office of the County Recorder of the County of Mendocino, California.
6.2. Purpose of Assessments. The Board shall establish regular yearly assessments for the operation and maintenance of the Project. Regular assessments shall be due on the first day of the month following notice of the levy or as set forth in the notice of regular assessment.
The purpose of regular assessments is to raise funds necessary to pay the anticipated costs of operating the Project during the fiscal year and to accumulate reserves to pay costs anticipated in future years. Not less than ninety (90) days before the beginning of each fiscal year, the Board shall prepare or cause to be prepared, and distribute to each Owner, a proposed budget. The proposed budget shall be prepared consistently with the prior fiscal year's budget and shall include adequate reserves for contingencies and for maintenance, repairs and replacements of the Common Improvements or Association personal property likely to need maintenance, repair or replacement in the future.
Not more than ninety (90) days nor less than sixty (60) days before the beginning of each fiscal year, the Board shall meet for the purpose of establishing the budget and regular assessments for the forthcoming fiscal year. At such meeting, the Board shall review the proposed budget and written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, establish the budget and regular assessments for the forthcoming fiscal year. The regular assessment for each Lot may not be increased in any fiscal year more than twenty percent (20%) of the regular assessment for the preceding fiscal year, without the vote or written assent of Members constituting a quorum, casting a majority of the votes at a meeting of the Association’s Board.
6.3 Special Assessments. If the Board determines that the estimated total amount of funds necessary to defray the common expenses of the Association for a
21 given fiscal year is or will become inadequate to meet expenses for any reason, including, but not limited to, unanticipated improvements on the Common Improvements, the Board shall determine the approximate amount necessary to defray such expenses, and if the amount is approved by the Board, it shall become a special assessment. The Board may, in its discretion, provide for the payment in installments of such special assessment over the remaining months of the fiscal year or levy the entire assessment immediately against each Lot. Special assessments shall be due on the first day of the month following notice of their levy or as set forth in the notice of special assessment.
6.4 Emergency Assessments. Notwithstanding any other provision contained herein, the Board may increase assessments necessary for emergency situations.
For purposes of this section, an emergency situation is any one of the following:
a. an extraordinary expense required by an order of a court; b. an extraordinary expense necessary to repair or maintain the property, the Common Improvements, or any portion of the same, for which the Association is responsible where a threat to personal safety on the property is discovered;
c. an extraordinary expense necessary to repair or maintain the property, the Common Improvements, or any portion of the same, for which the Association is responsible that could not have been reasonable foreseen by the Board in preparing and distributing the pro forma operating budget.
However, prior to the imposition or collection or an assessment under this section, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budget process.
6.5 Individual Charges. Individual charges may be levied against a Member (i) as a monetary penalty imposed by the Association as a disciplinary measure for the failure of a Member to comply with the Project Documents, or (ii) as a means of reimbursing the Association for costs incurred by the Association for repair or damage to Common Improvements and facilities for which the Member was responsible, or to otherwise bring the Member and the Member’s Lot into compliance with the Project Documents. Such individual charges (other than reasonable late charges, interest, costs of collection and reasonable attorneys' fees related to the collection of assessments) shall not be enforceable through the lien provisions of the Project Documents.
6.6 Allocation of Regular and Special Assessments. Regular and special assessments (including Emergency Assessments) shall be levied against each Lot (and its Owner) equally, based on a fraction, the numerator of which is one (1) and the denominator of which is the total number of Lots in the Association.
Notwithstanding that, until the portion of the Development Property labeled
22 “Additional Development Area” on Exhibit A is finally reconfigured by Declarant, said area shall be assessed an equivalent of 5 Lots (one for each of the five prospective Lots to be configured in said area); provided, however, that for each Lot hereafter configured as a legal parcel in said area and sold by or at the direction of Declarant, the assessment(s) attributable to the Additional Development Area shall be reduced by the equivalent of one Lot.
6.7 Creation of the Assessments Lien; Personal Obligation for Assessments and Individual Charges. The assessments, together with late charges, interest, costs and reasonable attorneys' fees, shall be a charge and a continuing lien upon the Lot against which each assessment is made, the lien to become effective upon recordation of a notice of delinquent assessment.
All assessments and individual charges, together with late charges, interest, costs, and reasonable attorneys' fees incurred in enforcing and/or collecting delinquent assessments and individual charges, shall be the personal obligation of the Owner of such Lot at the time when the assessment or individual charges are due. If more than one Owner or entity was the Owner of a Lot at the time the assessment or individual charges became due, the personal obligation to pay each assessment and individual charge shall be joint and several. The personal obligation for delinquent assessments and individual charges shall not pass to any transferee unless expressly assumed by such transferee. No Owner may exempt himself from liability for an assessment or individual charge obligation by waiver of the use or enjoyment of any of the Project or its Common Improvements.
ARTICLE VII. ENFORCEMENT OF RESTRICTIONS
7.1 General. The Association or any Owner shall have the right to enforce compliance with the Project Documents in any manner provided by law or in equity, including, without limitation, the right to enforce the Project Documents by bringing an action for damages, an action to enjoin the violation or specifically enforce the provisions of the Project Documents, to enforce the liens provided for herein (except that no Owner shall have the right to enforce independently of the Association any assessment, individual charge or assessment lien created herein) and any statutory lien provided by law, including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents, against any Owner, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred by the Association, or any other Owner pursuant to authorization contained in the Project Documents, commencing fifteen (15) days after repayment is demanded. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner to enforce any covenant or
23 restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
7.2 Specific Enforcement Rights. In amplification of, and not in limitation of, the general rights specified in Section 7.1 above, the Association shall have the following rights:
A. Enforcement by Sanctions.
(1) Limitations. The Association shall have no power to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of that Owner’s Lot on account of a failure by the Owner to comply with provisions of the Project Documents except where the loss or forfeiture is the result of the of a foreclosure or sale under a power of sale for failure of the Owner to pay assessments levied by the Association.
(2) Disciplinary Action. The Association may impose reasonable monetary penalties, temporary suspensions of reasonable duration (not to exceed thirty (30) days per violation) of an Owner's voting rights as a Member of the Association, or other appropriate discipline for failure to comply with the Project Documents. Notwithstanding the foregoing, the Association shall have no right to interfere with an Owner's right of ingress to or egress from the Owner’s Lot or an Owner's otherwise lawful use of roads, water, sewer, or electrical services.
Before disciplinary action authorized under this sub-section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard as follows: (a) the Board shall give written notice to the Owner at least fifteen (15) days prior to the meeting at which the Board will consider imposing disciplinary action. Such notice shall set forth those facts which the Board believes justify disciplinary action and the time and place of the meeting; (b) at such meeting the Owner shall be given the opportunity to be heard, including the right to present evidence, either orally or in writing, and to question witnesses; (c) the Board shall notify the Owner in writing of its decision within three (3) days of the decision. The effective date of any disciplinary action imposed by the Board shall not be less than eight (8) days after the date of said decision.
B. Suit to Collect Delinquent Assessment or Individual Charges. A suit to recover a money judgment for unpaid assessments or unpaid individual charges, together with late charges, interest, costs, and reasonable attorneys' fees, shall be maintainable by the Association. In the case of unpaid assessments, such suits shall be maintainable without foreclosing or waiving the lien securing such unpaid assessments.
C. Enforcement of Lien. If there is a delinquency in the payment of any assessment or installment on a Lot, any amounts that are delinquent, together with the late charges, interest (at the maximum rate permitted by
24 law), costs of enforcement / collection and reasonable attorneys' fees, shall be a lien against that Lot upon the recordation in the office of the County Recorder of a notice of delinquent assessment. The notice of delinquent assessment shall be signed by an authorized representative of the Association and shall state the amount of the delinquent assessment, a description of the Lot assessed, and the name of the record Owner(s).
The notice of delinquent assessment shall not be recorded unless and until the Board or its authorized representative has delivered to the delinquent Owner, not less than fifteen (15) days before the recordation of the notice of delinquent assessment, a written demand for payment, and the delinquency has not been cured within said fifteen (15) day period.
The Board or its authorized representative may record a notice of default and may cause the Lot with respect to which a notice of default has been recorded to be sold in the same manner as a sale is conducted under California Civil Code Sections 2924-2924h (or any successor statute(s)), or through judicial foreclosure.
As a condition precedent to the holding of any such sale under said code sections, the Board is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California, as trustee for purposes of conducting the sale. If a delinquency, including assessments and other proper charges, is cured after recordation of the notice of delinquent assessment but before sale, or before completing a judicial foreclosure, the Board or its authorized representative shall cause to be recorded in the office of the county recorder a certificate setting forth the satisfaction of such claim and release of such lien. The Association, acting on behalf of the Owner, shall have the power to bid upon the Lot at foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot.
D. Transfer by Sale or Foreclosure. In a sale or transfer of the Lot pursuant to this section, the personal obligation for delinquent assessment or individual charges shall not pass to the transferee unless expressly assumed by the transferee. The sale or transfer of any Lot shall not affect the assessment lien nor the right of the Association to impose a lien for assessments, which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure involving a default under a first mortgage shall extinguish the lien and right to lien for assessments that became due prior to such sale or transfer. No transfer of the Lot as the result of a foreclosure or exercise of a power of sale shall relieve the new Owner, whether it be the former beneficiary of the first mortgagee or another person, from liability for any assessments or individual charges thereafter becoming due or from the lien thereof.
E. Waiver of Homestead Benefits. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the time any assessment becomes due.
25 ARTICLE VIII. INSURANCE, DESTRUCTION, CONDEMNATION
8.1 Insurance. In addition to other insurance required to be maintained by the Project Documents, the Association shall obtain from generally accepted insurance carriers, and maintain in effect at all times, the following insurance.
A. Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association, the Board, the Declarant, Owners, occupants of Lots, their respective family members, guests, invitees, and the agents and employees of each, against any liability incident to the Ownership, use, improvement, repair, or maintenance of the Common Improvements and Lots and including, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The limits of such insurance shall not be less than One Million Dollars ($1,000,000), or the minimum amount required by the Project Documents, whichever is higher, covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance shall include coverage against any liability customarily covered with respect to projects similar in construction, location, and use. Such policy may provide for a deductible limit of up to Five Hundred Dollars ($500).
B. Other Insurance. The Board shall purchase and maintain worker's compensation insurance, to the extent that law requires it, for all employees or uninsured contractors of the Association. The Board may also purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than one hundred fifty percent (150%) of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage for any person who may serve without compensation). The Board shall purchase and maintain insurance on personal property owned by the Association and any other insurance that it deems necessary or that is customarily obtained for projects similar in construction, location, and use.
C. Owner's Liability Insurance. An Owner may carry whatever personal and property damage and liability insurance with respect to his Lot that such Owner desires.
D. Owner's Fire Casualty and Extended Coverage Insurance. Each Owner shall obtain and maintain fire, casualty and extended coverage insurance for the full replacement value of all of the improvements on that Owner’s Lot. An Owner may insure personal property.
E. Officer and Director Insurance. The Association may purchase and maintain insurance on behalf of any director, officer, or member of a committee of the Association (collectively the “agents”) against any liability asserted against or incurred by the agent in such capacity or arising out of the agent’s status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law.
26 F. Waiver of Subrogation. All casualty and liability insurance carried by the Association, or the Owners, shall contain provisions whereby the insurer waives rights of subrogation as to the Association, directors, officers, Declarant, Owners, their family, guests, agents, and employees.
G. Notice of Cancellation. All insurance carried by the Association shall require the insurer to notify any first mortgagor or mortgagee requesting such notice at least fifteen (15) days in advance of the effective date of any reduction or cancellation of the policy.
H. Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is adequate.
I. Payment of Premiums. Premiums on insurance maintained by the Association shall be a common expense funded by assessments levied by the Association.
8.2 Destruction.
A. Destruction Affecting Common Improvements. In the event of damage or destruction to any of the Common Improvements, the Board shall have the duty to repair and reconstruct them.
(1) Rebuilding Contract. It shall be the duty of the Board to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. Absent urgent or exceptional circumstances, the Board shall obtain bids from at least two (2) licensed contractors, and shall award the repair and reconstruction work to the most reasonable bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction work and to compensate said contractor according to the terms of the contract. (2) Special Assessments to Rebuild. The Association may levy a special assessment against all Lot Owners to cover the cost of repair or reconstruction not covered by insurance proceeds or other funds.
B. Destruction Affecting Lots. If there is a total or partial destruction of a Lot or Structures on the Lot, the Owner thereof shall have the following options:
(1) The Owner shall rebuild or repair the Lot/Structures in substantial conformity with its appearance, design, and structural integrity immediately prior to the damage or destruction. Notwithstanding the foregoing, any Owner of an affected Lot/Structure may apply to the Board for approval to reconstruct the Lot/Structure in a manner that will provide for an exterior appearance and/or design which is different from that which existed prior to the date of the destruction. Application for such approval shall be made in compliance with Article XI herein; or
27 (2) The Owner shall clear all Sructures from the Lot and shall landscape it in a manner that is approved by the Board. Board approval shall not be unreasonably withheld. Failure to rebuild the Lot/Structure shall not relieve the Lot or its Owner from any assessment obligation. Rebuilding or landscaping shall be commenced within ninety (90) days of damage or destruction and diligently pursued to completion.
ARTICLE IX. MORTGAGEE PROTECTION
9.1 Mortgages Permitted. Any Owner may encumber that Owner’s Lot with mortgages.
9.2 Subordination. Any lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of any first mortgage that encumbers any Lot or other option of the Project, made in good faith and for value, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such first mortgage unless the first mortgagee expressly subordinates his/her interest, in writing, to such lien.
9.3 Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any mortgage made in good faith and for value, but all of the covenants, conditions, and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise.
9.4 Non-Curable Breach. No mortgagee who acquired title to a Lot by foreclosure or by deed in lieu of foreclosure shall be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure.
9.5 Right to Appear at Meetings. Any mortgagee may appear at meetings of the membership and the Board.
9.6 Right to Furnish Information. Any Owner and mortgagee of an Owner may request information from the Association associated with that Owner’s Lot.
9.7 Inapplicability of Right of First Refusal. The right of an Owner to sell, transfer, or otherwise convey that Owner’s Lot shall not be subject to any right of first refusal or similar restriction. No "right of first refusal" contained in the Project Documents shall impair the rights of the first mortgagee to: (a) foreclose or take title to a Lot pursuant to the remedies provided in the mortgage; or (b) accept a deed (or assignment) in lieu of foreclosure in the event of default by a mortgagor; or (c) sell or lease a Lot acquired by the mortgagee.
9.8 First Mortgagee Assessment Liability. Any first mortgagee who obtains title to a Lot pursuant to the remedies provided in the mortgage or foreclosure of the mortgage shall not be liable for such Lot's unpaid assessments of individual charges that accrue prior to the acquisition of title to such Lot by the mortgagee.
28 9.9 Taxes. First mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Improvements, if any are severable from the Lots, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, and first mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of all first mortgagees of Lots duly executed by the Association, and Declarant shall possess an original or certified copy of such agreement.
9.10 Maintenance Reserves. Association assessments or charges shall include an adequate reserve fund for maintenance, repairs, and replacement of those elements of the Common Improvements which must be replaced on a periodic basis and shall be generally funded through regular assessments rather than through special assessments.
9.11 Notice of Default. A first mortgagee, upon request, shall be entitled to written notification from the Association of any default in the performance by the affected Lot Owner of any obligation under the Project Documents that is not cured within sixty (60) days.
9.12 Conflicts. In the event of a conflict between any of the provisions of the Article IX and any other provisions of this Declaration, the provisions of this Article IX shall control.
ARTICLE X. ARCHITECTURAL CONTROL
10.1 Approval of Alteration and Improvements.
A. General Limitation. Subject to the exceptions described at Section
10.1.B, no Improvements may be constructed, painted, or changed on any portion of the Project without prior written approval of the Board acting as an architectural control committee ("Committee").
B. Notwithstanding Section 10.1.A., no Board approval shall be required for: (i) initial improvements constructed by, at the direction of, or with the approval of Declarant, (ii) normal maintenance of exempt or previously approved improvements; (iv) changes to the interior of an exempt or previously approved Structure; (v) work reasonably required to be performed in an emergency for the purpose of protecting any person or property damage.
10.2 Architectural Control Committee.
A. Organization. The Committee shall be composed of all members of the Board.
B. Operation. The Committee shall meet from time to time as necessary to properly perform its duties hereunder. The requirements for valid Committee
29 meetings and action shall be the same as that which is required for valid Board meetings and action as provided in the Bylaws. The Committee shall keep and maintain a record of all actions from time to time taken by the Committee at meetings or otherwise, and shall maintain files of all documents submitted to it.
Unless authorized by the Association, the members of the Committee shall not receive any compensation for services rendered. All members of the Committee shall be entitled to reimbursement by the Association for reasonable expenses incurred by them in connection with the performance of their duties.
C. Duties. The Committee may adopt architectural control guidelines ("guidelines") as provided in Section 10.3 and shall perform other duties imposed upon it by the Project Documents.
The address of the Committee shall be the principal office of the Association as designated by the Board. Unless otherwise indicated by the Committee, such address shall be the place for the submittal of plans and specifications and the place where current copies of the guidelines shall be kept.
10.3 Architectural Standards, Guidelines.
A. Committee Guidelines. The Board may, from time to time, amend the architectural guidelines prospectively if approved by the majority of the Board members. Said guidelines shall interpret and implement the provisions of this Article X by setting forth more specific standards and procedures for Committee review. All guidelines shall be in compliance with all applicable laws and regulations of any governmental entity having jurisdiction over improvements on the Project, shall incorporate high standards of architectural design and construction engineering, shall be in compliance with the minimum standards of Section 10.3.B and otherwise shall be in conformity with the purpose and provisions of the Project Documents.
A copy of the current guidelines shall be available for inspection and copying by any Member at any reasonable time during business hours of the Association.
B. On-Site Construction Standards. The following on-site construction standards shall apply to any Improvements constructed, altered, repaired, moved, wrecked, demolished, excavated, planted, painted or installed on the Project or any portion thereof:
(1) All Improvements shall be constructed, painted and changed in compliance with the relevant provisions (including proper amendments thereto) of governing agencies and, additional, Ukiah City Code Sections 9135- 9139—as determined by Declarant or the Association or the Committee before annexation by the City of the Development Property and, upon annexation, by the City.
(2) All Improvements shall be constructed, painted, and changed in compliance with the applicable zoning laws, building codes, subdivision restrictions, and all other laws, ordinances, and regulations applicable to Project Improvements.
30 (3) All Structures within any Lot shall be located within the building setbacks as required by applicable zoning laws and in accordance with Ukiah City Code Sections 9135-9139—as determined by Declarant or the Association or the Committee before annexation by the City of the Development Property and, upon annexation, by the City.
(4) All such structures shall be located so as to bear an overall relation to the adjacent properties and so as to create an aesthetically pleasing overall appearance.
(5) All Lots shall be landscaped in the front of the residence with a combination of trees, shrubs, ground cover, lawn, natural vegetation, or limited decorative rock, bark, and similar material. Berms may be utilized so long as they do not disrupt proper drainage within the Project. Landscaping shall be designed so as to complement and harmonize with the natural terrain and vegetation, shall be consistent with generally accepted, customary and conventional landscape designs, and shall take into consideration the visual impacts of all construction undertaken on the Lot. Stone, gravel, concrete, and similar materials shall be used for complementary and supplementary purposes and no Lot or building pad area shall be covered in its entirety or substantial entirety with such material (6) All exterior and decorative lighting shall be, whenever possible, placed in such a manner that the source of the light is not visible to adjacent portions of the Project. Colored landscape lighting is prohibited. All solar collection devices shall be integrated aesthetically and screened as much as possible from adjacent portions of the Project.
(7) All fences, including the location, style, material, color, height and function thereof, shall be subject to the written approval of the Committee prior to the installation thereof. The Committee shall consider the topography of the land and the maintenance of its use before granting or denying approval.
Chain link fences shall be permitted only when there is sufficient landscaping to effectively screen said fence and then only if no other fencing alternative is economically available. The Lot Owner shall maintain the fences erected in good condition and repair. If the Owner fails or refuses to keep the Owner’s fences in good repair and condition, the Association shall have the right, after notice, to enter upon said Lot and perform such work as may be necessary to fulfill the requirements of this section, charging the cost thereof to the Lot Owner. (8) In reviewing proposed Improvements for approval, the Committee shall consider at least the following:
a. Does the proposed Improvement conform to the purposes and provision of the Project Documents?
b. Is the proposed Improvement of a quality of workmanship and materials comparable to other improvements that are proposed or existing on the Project?
31 c. Is the proposed Improvement of a design and character harmonious with proposed or existing Improvements and with the natural topography in the immediate vicinity?
d. Will the proposed Improvement unreasonably interfere with or otherwise impair the view or solar access or other portions of the Project?
C. Basic Structural Requirements.
(1) Type and Character Design. Exterior design in each case shall be compatible with the overall atmosphere of the Project and shall be subject to approval by the Committee, in its sole discretion. Decisions of the Committee shall be final.
(2) Building Exteriors. All building exteriors and roofs, including textures, materials, and painting/staining, must be set forth in the plans and specifications submitted to the Committee and approved in writing by the Committee prior to construction. All exterior wood siding shall be natural, painted, or stained, consistent with the overall appearance of the Project unless otherwise approved by the Committee. Any proposed paint/stain samples shall be submitted with the plans and specifications. Careful consideration of the adjacent and surrounding property, as well as the overall community appearance, will be the basis for approval of denial of such painting/staining schemes. (3) Size Requirements. No residence shall be erected on and Lot having a total floor area of the main structure being less than 3,000 square feet.
Said total floor area measures is exclusive of open porches, garages, patios, exterior stairwells, accessory dwelling units, and landings. If compliance with Ukiah City Code Sections 9135-9139 renders the provisions of this sub-division C.(3) unreasonable in application, the Association may approve a variance of this provision as it deems reasonably appropriate.
(4) New Material Only and New Structures Only. No second hand materials shall be used in the construction of any buildings or Structures other than as frame material, without the prior written approval of the Committee, and all building and fences that are of frame construction shall be painted/stained with at least two coats upon completion. No buildings of any kind shall be moved from any other place to any of the Lots, or from one Lot to another without the prior written consent of the Committee. (5) Height Limitations. No building shall be a greater height than that permitted under the zoning ordinances and building codes of the County of Mendocino or City of Ukiah, as applicable. No building shall have a finished floor height greater than 3 feet higher than the highest point on the Lot.
32 (6) Roof Design, Pitch and Materials. Not less than three and onehalf and no more than twelve pitch roofs for residential structures shall be used.
No flat roofs or rock roofs shall be permitted except where the design concept in the opinion of the Committee is not detrimental to the environmental character of the adjacent property or the community. Only fire retardant roofing material shall be used and shall otherwise meet all requirements set by the governing agencies. The Committee shall, prior to construction, approve the quality and variety of the material.
(7) Concrete Work. All front yard concrete work shall be seated with rock unless, in the opinion of the Architectural Control Committee, such seating would serve no useful purpose.
(8) Fire Sprinkler System. Each structure on any Lot shall be equipped with a fire sprinkler system approved by the County of Mendocino or City of Ukiah, as applicable.
(9) No Modular Home. No modular or manufactured homes shall be permitted.
10.4. Committee Approval Process.
A. Approval Process. Any person proposing to construct, paint, stain, or change any Improvement on the Project that requires the prior approval of the Committee shall apply to the Committee in writing for approval of the work to be performed and the time scheduled for performing such work. The Committee may charge an applicant a reasonable fee for application review.
In the event additional plans and specifications for the work are required by the Committee, the applicant shall be notified of such requirements within thirty (30) days of receipt by the Committee of the initial application or the application shall be deemed sufficiently submitted as of that date. If timely notified, the applicant shall submit additional plans and specifications for the proposed work in the form and content reasonable required by the Committee and the application shall not be deemed sufficiently submitted until that date. Such plans and specifications may include, but shall not be limited to, depictions of the nature, kind, shape, color, size, materials and location of any Structures, plants, trees, shrubs, and other proposed landscaping or Improvements.
B. Review and Approval. Upon sufficient submission of an application for Committee review, the Committee shall proceed expeditiously to review all of the documents to determine whether the proposed work is in compliance with the provisions and purposes of the Project Documents and all guidelines of the Committee in effect at the time the documents are submitted. In the event the Committee fails to approve an application, it shall notify the applicant in writing of the specific matter to which it objects. In the event the Committee fails to notify the applicant of the action taken by the Committee within thirty (30) days after sufficient submission of the application, the application shall be deemed
33 approved. The Committee, as a permanent record, shall retain one set of plans as finally approved.
C. Commencement, Completion or Approved Work. After obtaining Committee approval of any Improvements, all plans for construction requiring a permit by the County of Mendocino and/or City of Ukiah, as applicable, shall be submitted to the appropriate agency together with the required fees. Upon receipt of the approval of the Committee and issuance of a building permit by the applicable governing agency(ies), the applicant shall proceed to have the work commenced and diligently and continuously pursued to completion in substantial compliance with the approval of the Committee and the governing agency(ies), including all conditions imposed by them. The approval of the Committee shall be effective for a period of six (6) months after the date of the approval, subject to the right of the Committee to provide for a shorter or longer period upon showing of good cause. In the event the approved work is not commenced within the effective period of the approval, then the applicant, before commencing any work, shall be required to resubmit an application for the approval of the Committee.
All approved work shall be completed within six (6) months after the date of commencement, or such other reasonable period specified by the Committee at the time of approval, with the period of time subject to extension by the number of days that work is delayed by cause not under the control of the applicant or the applicant’s contractor or as otherwise extended by the Committee. Upon completion of approved work, the applicant shall give written notice thereof to the Committee.
If, for any reason, the Committee fails to notify the applicant of any noncompliance within sixty (60) days after receipt of said notice of completion from the applicant, the Improvement shall be deemed to be completed in accordance with the approved plans.
D. Inspection, Non-Compliance. The Committee, or any authorized representative, shall have the right at any reasonable time, after reasonable notice to the Owner thereof, to enter upon any portion of the Project for the purpose of determining whether or not any work is being performed or was performed in compliance with the Project Documents and the approved plans.
If at any time the Committee determines that work is not being performed or is based on a failure to apply for or obtain approval, a failure to comply with approval, a failure to timely commence or complete approved work, or otherwise, the Committee shall notify the Owner in writing of such noncompliance within a reasonable period.
In the event the Owner fails to remedy such non-compliance within the specified period, the Board shall, subject to the notice and hearing requirements of Section
7.2.A (2), have the duty and right to remedy the non-compliance in any appropriate manner permitted by the Project Documents or otherwise permitted by law, or in equity, including but not limited to removing the non-complying
34 improvements, correcting the non-complying improvement, or completing the noncompliance or non-completion on the property, as appropriate. The Owner shall have the obligation to reimburse the Association for any costs incurred in enforcing these provisions (including attorney's fees, court costs, expert fees, and all other expenses incurred in relation thereto) and if the Association is not reimbursed upon demand, the Board shall have the right to individually charge the cost thereof to such Owner.
10.5 Estoppel Certificate. Within thirty (30) days after written demand is delivered to the Committee by any Owner or mortgagee, and upon payment to the Association of a reasonable fee (as fixed from time to time by the Board), the Committee shall execute and deliver in recordable form, if requested, an estoppel certificate executed by any two of its members, certifying, with respect to any Lot of said Owner or mortgagee, that as of the date thereof, either (i) all Improvements made and other work done upon or within said Lot comply with the Project documents, or (ii) such work or improvements do not so comply in which event the certificate shall also identify the non-complying Improvements or work and set forth with particularity the basis of such non-compliance. Such statements shall be binding upon the Association and Committee in favor of any person who may rely thereon in good faith.
10.6 Liability. Neither the Declarant, the Committee, the Board, nor any member thereof shall be liable to the Association, to any Owner, or to any third party for any damages, loss, or prejudices suffered or claimed on account of (i) the approval or disapproval of any plans, drawings and specifications, whether or not effective, (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications, (iii) the development of any property within the Project, (iv) the execution and the filing of an estoppel certificate pursuant to Section 10.5, or (v) the execution and filing of a notice of non-compliance or non-completion pursuant to Section 10.4.D, whether or not the facts therein are correct, if the Declarant, the Board, the Committee or such member has acted in good faith on the basis of such information as may be possessed by them. Specifically, but not by way of limitation, it is understood that plans and specifications are not approved for engineering design or for compliance with governing agency standards and regulations and, by approving such plans and specifications, neither the Committee, the members thereof, the Association, the members, the Board, nor the Declarant assume liability or responsibility, and shall have no liability, for any defect, error, or non-compliance, however characterized, in the plans and specifications or in any Structure constructed from such plans and specifications.
ARTICLES XI. GENERAL PROVISIONS
11.1 Limitations or Restrictions. Declarant is undertaking the work of developing Lots for sale and incidental improvements within the Project. The completion of that work and the sale, rental or other disposal of said Lots is essential to the establishment and welfare of said property as a residential development. In order
35 that said work may be completed and said Project be established fully occupied as rapidly as possible, nothing in this Declaration shall be understood or construed during the period of time during which the Declarant has an interest in the property or eighteen (18) months from the date of the conveyance of the first Lot by Declarants, whichever is earlier, to:
A. Prevent Declarant, its contractors, or subcontractors from obtaining reasonable access over and across the Common Improvements of the Project or from doing within any Lot or any portion of the Project, including property annexed thereto, whatever is reasonably necessary or advisable in connection with the completion of said work; or
B. Prevent Declarant or its contractors or its representatives from erecting, constructing, and maintaining on any part or parts of the Project, including property annexed thereto, such structures as may be reasonably necessary for the conduct of its business and disposing of parcels by sale, lease, or otherwise; or
C. Prevent Declarant from conducting on any part of the Project, including property annexed thereto, its business, of establishing said Project as a private, gated, community of up to 7 residential Lots within the Development Property, and of disposing of the Lots by sale, lease, or otherwise; or D. Prevent Declarant from maintaining such signs within the Project, including property annexed thereto, as may be necessary for the sale, lease, or other disposition of the Lots therein; or property annexed thereto, as may be necessary for the sale, lease, or other disposition of the Lots therein; or E. Prevent Declarant from maintaining model dwellings, sales offices, storage facilities, or such related facilities in any Lot within the Project necessary or reasonable in the opinion of Declarant for sale or disposition of the Lots; or,
11.2 Annexation. The Development Property is, as described above, subject to annexation by the City of Ukiah. Annexation otherwise of real property to the existing Project may be made by the Association upon the vote or written assent of not less than sixty-six and two-thirds percent (66-2/3%) of the total votes residing in members.
11.3 Notices. Notices provided for in the Project Documents shall be in writing and shall be deemed sufficiently given when delivered personally or forty-eight (48) hours after deposit in the United States mail, postage prepaid, addressed to an Owner at the last address such Owner designated to the Association for delivery of notices, or in the event of no such designation, at such Owner's last known address, or if there be none, at the address of the Owner's Lot. Notices to the Association shall be addressed to the address designated by the Association on written notice to all Owners.
36 11.4 Notice of Transfer. No later than five (5) days after the sale or transfer of any Lot whereby the transferee becomes the Owner thereof, the transferee shall notify the Association in writing of such sale or transfer. Such notice shall set forth: (i) the Lot involved; (ii) the date of sale. Unless and until such notice is given the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to such transferee's transferor.
11.5 Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration.
11.6 Severability. The provisions of this Declaration shall be deemed independent and severable, and invalidity or partial invalidity or unenforceability of any provision or provisions shall not invalidate any other provisions.
11.7 Exhibits. All exhibits referred to are incorporated herein by such reference.
11.8 Easements Reserved and Granted. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in a deed to any Lot. Neither this provision nor anything in this Declaration shall deemed to provide the exclusive manner in which the reservation or grant of easements, or both, may derive or exist.
11.9 Binding Effect. This Declaration shall inure to the benefit of and be binding on the successors and assigns of the Declarant, and the heirs, personal representatives, grantees, tenants, successors and assigns of any Owner.
11.10 Delivery of Project Documents to Transferee. Prior to the transfer of title to a Lot, the transferor (and if the City is the transferor of record, the Declarant) shall provide to the prospective transferee a copy of the Project Documents and such other documents and information as are required by law.
11.11 Termination of Declaration. This Declaration shall run with the land and shall continue in full force and effect for a period of fifty (50) years from the date on which this Declaration is executed. After that time, this Declaration and all its covenants and other provisions shall be automatically extended for successive ten (10) year periods unless this Declaration is revoked by an instrument executed by Owners of not less that sixty-six and 2/3 percent (66 2/3%) of Lots in the Project, and recorded in the office of the county recorder within one (1) year prior to the end of said fifty-year period or any succeeding ten-year period.
37 ARTICLE XII. AMENDMENT
12.1 Amendment Prior to First Conveyance. Until the first conveyance of a Lot in the Project, Declarant shall have the right to amend this Declaration. A conveyance of a Lot or any portion of the Development Property to the City shall not be deemed a conveyance under this provision.
12.2 Amendments After First Conveyance. Subject to Section 12.1, after the first conveyance of a Lot in the Project, this Declaration shall be amended upon the vote or written assent of a majority of the total voting power of the Association. A conveyance of a Lot or any portion of the Development Property to the City shall not be deemed a conveyance under this provision.
12.3 Amendment Instrument. An amendment shall become effective when it has received the required approvals and the Declarant—or once formed the secretary of the Association—has executed, acknowledged and recorded in the office of the county recorder, an instrument expressing the amendment and certifying that the required approvals were received.
12.4 Revocation. The right and power to amend the Project Documents shall include the right and power to revoke them, except that any amendment of the Exchange & Development Agreement and Access Agreement shall comply with the provision for amendment found in said agreements.
[Signature page follows]
EXHIBIT A
EXHIBIT B
EXHIBIT B
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:
All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:
1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC
2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC
3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC
4. Instrument No. 2020-08216, Mendocino County Records, Hull
5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC
6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC
7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC
8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC
9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.
EXHIBIT B
EXHIBIT C
EXHIBIT D
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EXHIBIT E
Road
EXHIBIT G
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
1 EXHIBIT G
FINAL CONDITIONS OF APPROVAL FOR
THE UKIAH WESTERN HILLS OPEN LAND ACQUISITION &
LIMITED DEVELOPMENT AGREEMENT PROJECT, INITIAL STUDY AND MITIGATED
NEGATIVE DECLARATION, AND ORDINANCE FOR PREZONING
FILE NO.: 20-5915.
The following Conditions of Approval shall be made a permanent part of the Lot Line Adjustments, Development Agreement, site improvements, prezoning and annexation associated with the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement Project, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid.
Project Summary. The Ukiah Western Hills Open Land Acquisition & Limited Development Project includes the following components: 1) Acquisition and annexation of approximately 707 acres into the City of Ukiah limits; 2) Prezoning the parcels to PF and R1-H (and associated Zoning Map and General Plan Map Amendments upon approval of the annexation application); 3) Sequential Lot Line Adjustments to reconfigure the existing parcels into seven lots (“Development Parcels”) for future potential development; 4) Development Agreement between Hull Properties and the City allowing up to one single-family home and one accessory dwelling unit on each Development Parcel (14 units total); and 5) site improvements including extension of utilities, road improvements, and construction of the water tanks.
The Project includes several parcels located within unincorporated Mendocino County within the Ukiah Western Hills referred to as the “Hull Properties” (APNs 001-040-83, 157-070-01, 157-070- 02, 003-190-01, 157-050-09, 157-060-02, 157-050-02, 157-050-04, 157-050-01, 157-030-02, 157-030-03, 157-050-11 & 157-050-12); “Noguera Properties” (APNs 003-190-09 & 003-110-90); and the City-owned “Donation Parcel” (APNs 157-050-03,157-060-003).
The following Conditions of Approval apply to the Project.
City of Ukiah Special Conditions
1. Approval of the Project is contingent upon City Council approval of the Development Agreement, which includes an easement, road access and maintenance agreement.
2. In accordance with LAFCo-adopted procedures, and as required under the Development Agreement, the City will submit its annexation application to the Mendocino County Local Agency Formation (LAFCo), after it acquires title to the Annexation Parcels, and upon City Council approval of the Proposed Project.
3. An application for annexation and prezoning shall be approved by the Mendocino County Local Agency Formation Commission (LAFCo) prior to the prezoning becoming effective.
Prezoning will also require a General Plan Map Amendment and Zoning Map Amendment, upon approval of the annexation application.
4. Upon approval of the annexation application, a copy of the final Lot Line Adjustment shall be provided to the City Engineer for final review before recordation. The final map shall conform to the Subdivision Map Act and Division 9, Chapter 1 of the Ukiah Municipal Code, as applicable. A copy of the recorded Lot Line Adjustment shall be submitted to the
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
2 Community Development Department prior to submittal of a Use Permit for single family housing within the Development Parcels located within the City’s jurisdiction.
5. In accordance with the terms described in the Development Agreement, Hull shall have the option to withdraw the Hull Development Parcels from the City’s annexation application, if LAFCo has failed to approve the annexation within one (1) year from the date the Executive Officer of LAFCo accepts the application as complete.
6. The Initial Study and Mitigated Negative Declaration prepared for the Project (SCH No. 2021040428) found that construction and ground disturbing activities associated with the Development Agreement, future residential development, and site improvements could result in direct significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Utilities and Service Systems, and Wildfire. However, the mitigation measures identified within the Mitigation Monitoring and Reporting Program (Attachment A) shall be implemented as described to reduce potential environmental impacts. These mitigation measures shall apply to all future ground disturbing activities and development (including residential development), as described further in the Mitigation Monitoring Reporting Program.
7. Future residential development of the Development Parcels shall be in accordance with the Hillside Overlay Zoning District regulations contained within UCC Sections 9135-9139.
All future development shall require discretionary review and may require additional environmental review. Additional project-specific Conditions of Approval may be required upon review by City departments and applicable agencies.
8. In accordance with the terms described in the Development Agreement, Hull shall retain the right to develop Development Parcels 1-3 prior to annexation. Single-family homes on Development Parcels 1-3 shall be constructed to R1-H standards by including them in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). In addition, the mitigation measures contained within the ISMND for residential development shall also be included in the CC&Rs and implemented for Development Parcels 1-3 if developed prior to annexation.
9. If development of Development Parcels 1-3 occurs after annexation, development shall comply with all R1-H development standards and be subject to discretionary review, in accordance with the City’s Hillside Overlay District.
10. The Developer shall obtain regulatory permits, including but not limited to a 401 Water Quality Certification, California Department of Fish and Wildlife Lake and Streambed Alteration Agreement, etc., if work is proposed to the existing culverts, or in and around any watercourses in the future, in accordance with existing regulatory requirements.
11. The water tanks shall be painted green or a similar color to blend into the landscape.
12. An address assignment application shall be submitted to assign addresses to the proposed Development Parcels at the time of development.
City of Ukiah Standard Conditions
13. City Council approval is not effective until the 10-day appeal period applicable to the project has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
3 with any modifications, conditions, or requirements that were imposed as part of the appeal.
14. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof.
15. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met.
16. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits.
Department of Public Works
17. Future residential development and site improvements (including road and access improvements) shall be reviewed by the Department of Public Works to identify sitespecific requirements.
18. Construction projects that would disturb more than one acre of land, would be subject to the requirements of General Construction Activity Stormwater Permit (Construction General Permit Order 2009-0009-DWQ, also known as the CGP), which requires operators of such construction sites to implement stormwater controls and develop a Stormwater Pollution Prevention Plan (SWPPP) identifying specific BMPs to be implemented to reduce the amount of sediment and other pollutants associated with construction sites from being discharged in stormwater runoff.
19. Applicable City water and sewer connection fees shall be paid at the time of building permit issuance.
20. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs.
Electric Utility Department
21. A 10-ft. utility easement for any underground distribution extended into the parcel beyond the existing PUE shall be required. Prior to recordation of the Lot Line Adjustment easements must be surveyed and deeded or defined on the map. Alterations to the 10-ft. utility easement shall be submitted to the COUEUD for approval.
22. Upon individual parcel development, additional easements may be required to provide electric service.
23. Future site improvements shall be submitted to the Electric Utility Department for review and comment. Construction requirements and associated developer costs will be determined to provide electric service.
24. Developer shall incur all costs of project, to include labor, materials, and equipment.
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
4 Building Division
25. Submit plans and building permit application. Please submit four complete plan sets, two wet stamped and signed. All Conditions of Approval shall be printed on the first page of the Building Plans.
26. The design and construction of all site alterations shall comply with the current California Building Code, Plumbing Code, Electrical Code, California Mechanical Code, California Fire Code, California Energy Code, Title 24 California Energy Efficiency Standards, California Green Building Standards Code and City of Ukiah Ordinances and Amendments.
Ukiah Valley Fire Authority
27. All access improvements, roadways and residential development shall be reviewed by the Fire Marshall and adhere to all current local, state and federal fire regulations relating to access and safety, including but not limited to: California Building Code, Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure, including Wildland Urban Interface regulations); California Residential Code, Section R337 (Materials and Construction Methods for Exterior Wildlife Exposure); California Referenced Standards Code, Chapter 12-7A (Fire Resistive Standards); California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3 (Fire Hazard Reduction Around Buildings and Structures); and California Government Code, Section 51182 (Very High Fire Hazard Severity Zones).
In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity Zones. These include the following in order to provide defensible space and fire protection for new construction and ensure adequate emergency access: increased property line setbacks for all applicable construction; on-site water storage for fire protection, driveway/roadway types and specifications based on designated usage; all weather driveway/roadway surfaces being engineered for 75,000lb vehicles; maximum slope of 16%; turnout requirements; gate requirements and setbacks, parking standards, fuels reduction regulations, etc.
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
5 ATTACHMENT A
UKIAH WESTERN HILLS OPEN LAND & LIMITED DEVELOPMENT AGREEMENT PROJECT
MITIGATION MONITORING REPORTING PROGRAM
Potential Impact Mitigation Measure Implementation
Responsibility
Monitoring &
Reporting
Responsibility
Timing Date
Implemented
Construction and
ground disturbing
activities could
result in shortterm impacts to
air quality.
AQ-1: Diesel Engines – Stationary and Portable
Equipment and Mobile Vehicles:
1. Any stationary onsite diesel IC engines 50
horsepower or greater (i.e. large power
generators or pumps) or any propane or natural
gas engines 250 horsepower or greater may
require a permit from the District.
2. Portable diesel powered equipment that may be
used during the proposed project are required to
be registered with the state Portable Equipment
Registration Program (PERP) or obtain permits
from the District.
3. Projects located adjacent to sensitive receptors
(schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.)
during the construction phase of this project have
the potential for exposure to diesel particulate.
4. Heavy duty truck idling and off-road diesel
equipment or other diesel engine idling is limited
to less than 5 minutes.
Developer Developer
During
construction
and ground
disturbing
activities
AQ-2: Grading Projects- During Construction-All
grading activities must comply with the following
fugitive dust mitigation measures in accordance with
District Regulation 1, Rule 1-430:
1. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.
Developer Developer
During
construction
and ground
disturbing
activities
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
6 2. All unpaved surfaces, unless otherwise treated
with suitable chemicals or oils, shall have a
posted speed limit of 10 mph.
3. Earth or other material that has been transported
by trucking or earth moving equipment, erosion
by water, or other means onto paved streets shall
be promptly removed.
4. Asphalt, oil, water, or suitable chemicals shall be
applied on materials stockpiles, and other
surfaces that can give rise airborne dusts.
5. All earthmoving activities shall cease when
sustained winds exceed 15 mph.
6. The operator shall take reasonable precautions
to prevent the entry of unauthorized vehicles onto
the site during non-work hours.
7. The operator shall keep a daily log of activities to control fugitive dust.
8. For projects greater than one acre or one mile of
road not located within a Naturally Occurring
Asbestos Area, prior to starting any construction
the applicant is required to:
1. Submit a Large Area Grading permit
application to the District.
2. Obtain a final determination from the Air
Quality Management District as to the need
for an Asbestos Dust Mitigation Plan and/or
Geologic Survey to comply with CCR
sections 93106 and 93105 relating to
Naturally Occurring Asbestos.
3. Obtain written verification from the District
stating that the project is in compliance with
State and Local regulations relating to
Naturally Occurring Asbestos.
4. If the project is located within a Naturally
Occurring Asbestos Area, additional
mitigations shall be required.
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
7 AQ-3: Property Development-Prior to starting any
construction, the applicant is required to:
a. Obtain a Property Development Permit from the
District for any open outdoor burning.
b. Obtain a Grading Permit, if applicable.
c. Confirm whether the project is in a Naturally
Occurring Asbestos Area, and follow additional
MCAQMD recommendations, if applicable.
d. Consider alternate means of disposal other than
open burning, such as cutting the majority of the
larger material up as firewood, and chipping
smaller material, if feasible to mitigate impacts
from open outdoor burning.
e. Obtain written verification from the MCAQMD
stating that the project is in compliance with State
and Local regulations.
Developer Developer Prior to
construction
Biological Resources
Construction
and ground
disturbing
activities could
result in impacts
to sensitive
plant species
and sensitive
woodland tree
habiat
BIO-1: Sensitive Trees. If trees are proposed for
removal, preconstruction surveys shall be conducted
by a qualified biologist to identify Oregon white oak
forest and woodland, as well as California bay forest
and woodland habitat; removal of sensitive habitat
shall be conducted in accordance with California
Department of Fish and Wildlife (CDFW) regulations.
Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact Red-belly
newt, and other
special status
amphibians and
their habitat
BIO-2: Sensitive Amphibian Species. A qualified
biologist shall survey the area prior to any
groundbreaking activities to determine the presence of
Red-belly newt, or other sensitive amphibian species,
and identify additional avoidance measures, if needed.
A qualified biologist shall be on-site for any dewatering event to address the potential for the presence of
Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
8 sensitive amphibian species such as foothill yellowlegged frog (Rana boylii).
Construction,
vegetation
removal, and
ground disturbing
activities could
impact nesting
birds and their
habitat
BIO-3: Nesting Birds. Pre-construction surveys shall
be conducted prior to any vegetation removal or
ground disturbing activities occurring between March
1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for
any purpose until all fledglings have left the nest.
Qualified
Biologist Developer
Prior to
vegetation
removal or
ground
disturbing
activities
between
March 1 and
August 31
Construction and
ground disturbing
activities could
impact specialstatus insects and
their habitat
BIO-4: Special-Status Insects. A qualified biologist
shall survey the area prior to any groundbreaking
activities to determine the presence of special-status
insect species and identify additional avoidance
measures if needed. If a special-status insect nests
are observed, active nests shall not be removed,
relocated, or otherwise disturbed until the nest
becomes inactive.
Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact specialstatus mammals
and their habitat
BIO-5: Special-Status Mammals. Pre-construction
surveys shall be conducted prior to any vegetation
removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor,
grease stained cavities) around trees or structures,
pre-construction bat surveys shall be conducted by a
qualified biologist for activities that may affect bat
roosting habitat and den sites.
Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Cultural Resources and Tribal Cultural Resources
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
9 Ground disturbing
activities have the
potential for
accidental
discovery of
unknown,
undiscovered
cultural resources
and tribal cultural
resources
CUL-1: Unanticipated Discovery. If previously
unidentified cultural, historic, palentologic or
archeologic resources are encountered during project
implementation, altering the materials and their
stratigraphic context shall be avoided and work shall
halt immediately. A qualified professional
archaeologist shall be contacted to evaluate the
resource and methods necessary to protect it. Project
personnel shall not collect, move, or disturb cultural
resources. Prehistoric resources include, but are not
limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human
burials. Historic resources include stone or abode
foundations or walls; structures and remains with
square nails; and refuse deposits or bottle dumps,
often located in old wells or privies.
Qualified
archaeologist Developer
During
ground
disturbing
activities
Ground disturbing
activities have the
potential for
accidental
discovery of
unknown Native
American
remains
CUL-2: Encountering Native American Remains. If
human remains are encountered during ground
disturbing activities, all work shall stop in the
immediate vicinity of the discovered remains and the
County Coroner and a qualified archaeologist shall be
notified immediately so that an evaluation can be
performed. If the remains are deemed to be Native
American and prehistoric, the Native American
Heritage Commission must be contacted by the
Coroner so that a “Most Likely Descendant” can be
designated and further recommendations regarding
treatment of the remains will be provided.
Qualified
archaeologist Developer
During
ground
disturbing
activities
Geology and Soils
Ground disturbing
activities could
result in impacts
associated with
Incorporation of Mitigation Measure CUL-1 Qualified
archaeologist Developer
During
ground
disturbing
activities
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
10 erosion, the loss
of topsoil and
landslides if not
properly designed
GEO-1: The Project shall comply with the erosion and
design standards outlined in Chapter 7 of the Ukiah
City Code. Prior to any ground disturbance, erosion
and sediment control plans shall be submitted to the
Public Works and Community Development
Departments for review and approval. Said plans shall
protect against soil erosion and runoff through the
implementation of appropriate Best Management
Practices (BMPs). Typical BMPs include the
placement of straw, mulch, seeding, straw wattles, silt fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area.
Developer Developer
Prior to any
ground
disturbance
and
throughout
construction
activities;
ongoing as
needed to
control
erosion
Hazards and Hazardous Materials
Project
construction
could result in a
hazard to the
public or the
environment if the
incidental use of
petroleum
hydrocarbons
(fuel, oil) in tools
used during
construction were
to lead to
accidental leaks
or spills in or
around the work
area
HAZ-1: The developer shall establish and implement
construction site management practices that will
prevent toxic materials and other debris from entering
the City’s storm drainage and waterway systems,
including:
a) There shall be no storage of hazardous materials
at the Project Site;
b) The developer shall provide adequate materials
management, including covering, securing, and
segregating potentially toxic materials (grease,
oils, fuel, solvents, etc.); and
c) The developer shall maintain supplies on-hand to
contain spills of oil and any other hazardous
materials used on-site.
Developer Developer During
construction
Construction of
the Project may
involve the use of
gasoline-powered
tools and
equipment
potentially
HAZ-2: Should portable gasoline-powered equipment
be used on site, the following firesafe precautions
shall be taken:
a) Spark arresters are required on all portable
gasoline-powered equipment.
b) Equipment shall be maintained in good working
condition, with exhaust systems and spark
Developer Developer During
construction
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
11 introducing new
temporary
sources of
ignition that could
increase fire risk.
arresters in proper working order and free of
carbon buildup.
c) Fuel the equipment in a safe place where spills
can be contained and a fire extinguisher is
nearby. Use the recommended gas/oil mixture
and do not top off. Use a funnel or spout for
pouring. Wipe off any spills.
d) Do not refuel running or hot equipment. Dispense
fuel at least 10 feet from sources of ignition.
e) Do not use equipment in areas of dry vegetation.
Keep leaves and dry materials away from a hot
muffler.
f) No smoking or open flame allowed near gasolinepowered equipment.
Hydrology and Water Quality
Ground disturbing
activities and
construction of
the project would
result in
impervious
surfaces that
could impact
water quality
Implementation of Mitigation Measures GEO-1 and
HAZ-1 Developer Developer
Prior to and
during
construction;
ongoing as
needed to
control
erosion
Noise
Ground disturbing
activities and
construction of
the project would
result in
temporary noise
impacts
NOI-1: Prior to building permit or grading permit
issuance, the developer shall comply with the
following:
a. Construction contracts shall specify that all
construction equipment, fixed or mobile, shall be
equipped with properly operating and maintained
mufflers and other state-required noise
attenuation devices.
b. Construction haul routes shall be designed to
avoid or lessen impacts to noise-sensitive uses
Developer Developer
Prior to
issuance of
building or
grading
permits, and
during
construction
Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
12 (e.g., residences, schools, convalescent homes),
to the extent feasible.
c. During construction, stationary construction
equipment shall be placed such that emitted noise
is directed away from sensitive noise receivers.
d. Per the City’s Noise Ordinance, construction shall
not take place outside of the hours of 7:00 a.m. to
7:00 p.m.
Utilities and Service Systems
City sewer, water
and electric
utilities would be
extended to the
area which could
result in physical
impacts to the
environment
Implementation of BIO-1 through BIO-5, and GEO-1. See BIO-1 through BIO-5
and GEO-1
See BIO-1
through BIO-5
and GEO-1
See BIO-1
through
BIO-5 and
GEO-1
Wildfire
Construction of
the Project may
involve the use of
gasoline-powered
equipment and
machinery,
potentially
introducing new
sources of
ignition that could
increase fire risk
Implementation of Mitigation Measure HAZ-2 Developer Developer During construction
EXHIBIT Q
Agenda Item No: 7.m.
MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1921
AGENDA SUMMARY REPORT
SUBJECT: Notification of Change Order #1 to Ghilotti Construction Company in the Amount of $640,975.73 for Additional Roadway Excavation, Base and Asphalt for the Dora Overlay Project Specification 21-05, and Approval of Corresponding Budget Amendment.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. SGhilottiUk22072212470
Summary: Council will be notified of Change Order #1 work in the amount of $640,975.73 to Ghilotti Construction Company for construction services related to the Dora Overlay Project, and consider approving budget amendment.
Background: The City Council awarded a construction contract on June 1, 2022, to Ghilotti Construction Company, in the amount of $609,806.30 for the Dora Overlay Project Specification No. 21-05. The project is already well underway with a number of pedestrian improvements completed and the grinding and excavating of the existing roadway continuing in earnest. The original project called for a 2” asphalt overlay over most of the project area and minor reconstruction to be done for the areas in the poorest condition or as needed.
Discussion: During excavation, an unexpected amount of ground water was found under the roadway resulting in an unsuitable subgrade. The high usage of this section of Dora Street and the discovery of the unstable base due to the high amount of water in the ground led Engineering Staff to alter the depth of the excavation and amount of base rock and compaction in select areas of the construction project. The additional area of reconstruction is now Mill Street to Mendocino Drive; this reconstruction was not part of the original project. The additional areas of reconstruction will lead to a longer lasting and superior end product. The length of the project has not changed. The project limits remain Luce Avenue to Mill Street.
City Staff have worked with the contractor daily on both this project and the neighboring Dora Street Utility Improvement Project and has found their work to be of high quality, efficient and commensurate with the scope of work directed by the City. A cost estimate was supplied for the additional excavation and base needed to address the concerns of the Engineering Staff. The estimate was reviewed by the Engineering Staff. Staff instructed the contractor to immediately continue with the work to keep the construction schedule on time. The schedule for this project is of high importance due to paving having to be completed before the start of the school year and the corresponding increase in pedestrian and vehicle activity in the project area.
Ghilotti’s cost for the additional time and materials is $640,975.73. The funding source for this project will be the Lease Revenue Bonds initially used for this and other street improvement projects. An agreed upon addendum proposal to the contract for this work is included (Attachment 1). The budget amendment, if approved, will increase the project total to $1,250,782.03 with an additional $125,078.20 for contingencies.
Recommended Action: Receive Notification of Change Order #1 to Ghilotti Construction Company in the amount of $640,975.73 for additional roadway excavation, base and asphalt for the Dora Overlay Project, Specification 21-05, and approve corresponding budget amendment for a total revised contract amount of $1,250,782.03.
BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 25224220.80230.18342: $0
PROPOSED BUDGET AMOUNT: 25224220.80230.18342: $766,053.93 FINANCING SOURCE: Series 2022 Lease Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122240
COORDINATED WITH: Tim Eriksen, Director of Public Works and Andrew Stricklin, Associate Engineer
ATTACHMENT 1
Agenda Item No: 11.a.
MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1896
AGENDA SUMMARY REPORT
SUBJECT: Public Hearing and Consideration of 1) Adoption of a Resolution to Adopt an Initial Study and Negative Declaration; and 2) Possible Introduction by Title Only of an Ordinance to Approve a General Plan Amendment and Rezone of 701 South Orchard Avenue.
DEPARTMENT: Community
Development PREPARED BY: Michelle Irace, Planning Manager, Maya Simerson,Project & Grant Administrator PRESENTER: Michelle Irace, Planning Manager; Craig
Schlatter, Community Development Director
ATTACHMENTS:
1. Application Materials & Figures
2. Planning Commission Staff Report dated 071822
3. Draft Initial Study & Negative Declaration
4. Draft Findings
5. Draft Conditions of Approval
6. Draft Resolution to Adopt ISND
7. Draft Ordinance for Rezone and GPA
Summary: City Council will conduct a public hearing and consider adoption of a Resolution to adopt an Initial Study and Negative Declaration for a General Plan Amendment and Rezone of 701 South Orchard Avenue.
Council will also consider introduction of an Ordinance to approve the General Plan Amendment and Rezone (Project).
Background: The 0.65-acre Project site is located on the corner of East Gobbi Street and South Orchard Avenue at 701 South Orchard Avenue (APN 003-181-01). The Project site previously housed the City’s Electric Substation from the early 1980s to 2012. The new substation, which was completed in 2012, replaced and upgraded the previous substation that existed on the Project site. The site has remained vacant since the decommissioning but was used for storage of materials and equipment by the City’s Electric Utility Department.
The Project parcel is part of the Limited Development and Property Exchange Agreement approved by City Council on March 2, 2022, in association with the Ukiah Western Hills Open Land Acquisition and Limited Development Project (approved by City Council on September 15, 2021). Under the Property Exchange Agreement component, the City conveyed three City-owned parcels including the Project site (APNs 003-582- 38; 003-181-01; 003-190-08-00/003-500-19-00), to a private property owner (Hull) in exchange for lands owned by Hull within the Western Hills for open space and public purposes. The aforementioned City Council meetings and associated documents for the Western Hills Project may be found online at: http://www.cityofukiah.com/meetings/.
As of June 13, 2022, Hull maintains ownership of the parcels, including the Project site, and is temporarily using the site for storage of construction materials associated with the Western Hills Project (specifically, road and utility improvements).
The Rezone and General Plan Amendment are proposed and required because the parcel is no longer owned by the City and used for public purposes. Application materials and Project figures can be found in Attachment
1.
At their July 27, 2022 regular meeting, the Planning Commission considered the Initial Study and Negative Declaration (ISND), as well as the General Plan Amendment and Rezone, and unanimously (R. Johnson absent) made a recommendation of approval for these actions to the City Council. The Planning Commission Staff Report, dated July 18, 2022, is included as Attachment 2. For brevity and to reduce redundancy, the attachments to the Planning Commission Staff Report have been omitted but can be found online at https://ukiahca.civicclerk.com/Web/Player.aspx?id=1417&key=-1&mod=-1&mk=-1&nov=0 which is accessed through the City Council and Planning Commission agenda and minutes webpage at: http://www.cityofukiah.com/meetings/.
Discussion: The Ukiah City Code (UCC) places the authority for adoption of the Initial Study and Negative Declaration (ISND), as well as approval of the General Plan Amendment and Rezone with the City Council.
In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division prepared a draft ISND for the proposed Project. The ISND (State Clearinghouse No. 2022060474) was circulated for public review from June 21, 2022, through July 25, 2022. The Draft ISND is included as Attachment 3. No written public comments on the ISND were received during the public review period. The ISND found that the Project would result in a less than significant impact to Energy, Hazards and Hazardous Materials, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation, and Wildfire; and no impact to Aesthetics, Agriculture and Forestry, Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Mineral Resources, Recreation, and Utilities and Service Systems.
While the Project would rezone the property from PF to C1, creating the potential for future commercial and residential development opportunities, no development is proposed at this time. Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors.
However, the exact intensity, size and timing of future development is unknown. Additionally, future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would require building permits for consistency with building and safety codes.
Additional environmental and discretionary review may also be required. Based upon the analysis contained within the Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed therein. As such, a Negative Declaration was prepared for the Project and no mitigation measures are proposed or required.
The Project proposes to rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because typically PF parcels are owned by a public entity and used for public purposes; the parcel is no longer owned by the City, nor is it used for municipal purposes. The Project site is surrounded largely by commercial and residential uses. Other C1 zoned parcels (with Commercial General Plan designations) currently exist immediately west and north of the site. Future development of the site would require adherence to all C1 zoning regulations. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. The Project supports General Plan goals and policies related to commercial and economic development, as it would provide an opportunity for commercial (or other) development on-site.
As such, the proposed General Plan Amendment and Rezone would be consistent with the City’s General Plan and zoning code.
Per UCC §9265(d), the Planning Commission shall hold at least one public hearing on any proposed zoning or General Plan amendment, and formulate a recommendation to the City Council. As previously noted in the Background section above, at their July 27, 2022 regular meeting, the Planning Commission considered the ISND, as well as the General Plan Amendment and Rezone, and recommended City Council approval with a 4-0 vote (one Commissioner was absent) with no modifications to the aforementioned documents or Project suggested. Attachment 4 includes Findings to approve the ISND, General Plan Amendment and Rezone, Attachment 5 includes the Draft Conditions of Approval, Attachment 6 includes the Resolution to adopt the ISND, and Attachment 7 includes the Ordinance to approve the General Plan Amendment and Rezone.
Recommended Action: 1) Conduct a public hearing; and 2) Adopt Resolution adopting the Initial Study and Negative Declaration; and 3) Introduce by Title only the Ordinance to approve the General Plan Amendment and Rezone.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney
22-6938
Rec. 3/24/22
ATTACHMENT 1
701 South Orchard Avenue Rezone Project Description
Location
The Project is located on a 0.65-acre vacant parcel, previously owned by the City of Ukiah, at the corner of Gobbi Street and Orchard Avenue (APN 003-181-01). No address is currently assigned, but records indicate a historic address of 701 South Orchard Avenue that is in the process of being re-established. The site is generally flat, and contains gravel and hardscape with little interior vegetation. The site is surrounded by an eight-foot fence that was approved as a part of the previous Substation project and vegetation along the fenceline. Land uses in the immediate vicinity include residential and commercial uses. See Figures 1 through 6 below depicting the existing site, surrounding uses, and zoning designations below.
Background
The Project parcel previously housed the City’s Electric Substation from the early 1980s to 2012.
In April, 2010, the Ukiah City Council approved a Major Site Development Permit, Use Permit, Rezone, General Plan Amendment, Lot Line Adjustment, and Mitigated Negative Declaration for construction of a new substation southwest of the site (File Nos. 09-03-GPA, 09-04-REZ, 09-05- SDP, 09-06-UP, 09-07-BLA). The new substation, which was completed in 2012, replaced and upgraded the previous substation that existed on the Project site. The old substation was decommissioned and aboveground infrastructure was removed, with the exception of one 115kV transmission pole and one 12kV distribution pole with guying and anchors that remain on-site.
Underground infrastructure such as foundations, conduits and cables, and vaults remain in place on the west side if the property. The Project site has remained vacant since the decommissioning but has been used for storage of materials and equipment by the City’s Electric Utility Department.
The Project parcel is a part of Limited Development and Property Exchange Agreement that was approved by City Council on March 2, 2022, in association with the Ukiah Western Hills Open Land Acquisition and Limited Development Project (approved by City Council on September 15, 2021). Under the property Exchange Agreement component, the City conveyed three City-owned parcels including the Project site (APNs 003-582-38; 003-181-01; 003-190-08-00/003-500-19- 00), to a private property owner (Hull) in exchange for lands owned by Hull within the Western Hills for open space and public purposes. As of April 6, 2022, Hull maintains ownership of the parcels, including the Project site. Project documents for the Western Hills Project can be found online at: https://ukiahca.civicclerk.com/Web/Mobile/MobileVideo.aspx?id=1271.
Project Description
The Project proposes to Rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). As described in Ukiah City Code Section 9080, the purpose of the C1 zoning district is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercialserving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. Rezoning is required because typically PF parcels are owned by a public entity and used for municipal purposes. The Rezone also requires a General Plan Amendment to change the land use designation from Public (P) to Commercial (C). No development is proposed at this time. Future development of the site would require adhere to all C1 zoning regulations, which may be found online at:
https://www.codepublishing.com/CA/Ukiah/#!/Ukiah09/Ukiah0902-0700.html#art7.
Environmental Review
Because the Project requires a General Plan Amendment, the Project does not qualify for an exemption under the California Environmental Quality Act (CEQA). As such, an Initial Study will be prepared for the Project to analyze potential impacts and identify mitigation measures to reduce impacts, if needed.
Figure 1, Aerial Photo of Site with Previous Electric Utility Substation Figure 2, Aerial Photo of Existing Project Site and Surrounding Uses
Figure 3, Existing Zoning Designations
Figure 4, Existing View of Project Site (Looking East)
Figure 5, Existing View of Project Site from South Orchard Avenue (Looking East) Figure 6, Existing View of Project Site from East Gobbi Street (looking West)
AGENDA ITEM NO. 12B
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
1 DATE: July 18, 2022
TO: Planning Commission
FROM: Michelle Irace, Planning Manager
SUBJECT: Recommendation to the City Council for Approval of an Initial Study & Negative Declaration, General Plan Amendment, and Rezone of 701 South Orchard Avenue (APN 003-181-01). File No.: 22-6938.
SUMMARY
OWNER: David Hull, D&J Investments, LLC
APPLICANT: City of Ukiah
LOCATION: 701 South Orchard Avenue (APN 003-181-01)
TOTAL ACREAGE: ±0.65 acres
GENERAL PLAN: Public (P)
ZONING DISTRICT: Public Facilities (PF)
AIRPORT COMPATIBILITY:
ENVIRONMENTAL
DETERMINATION:
Zone 6 (Traffic Pattern Zone)
As described in the Initial Study & Negative Declaration (ISND), the Project would result in no impact or a less than significant impact to all resources
RECOMMENDATION: Approve a recommendation to the City Council for adoption of the ISND and approval of the Project (see Draft Findings in Attachment 1 and Draft Conditions of Approval in
Attachment 2).
BACKGROUND AND PROJECT DESCRIPTION
Background. The Project site previously housed the City’s Electric Substation from the early 1980s to 2012. In April 2010, the Ukiah City Council approved a Major Site Development Permit, Use Permit, Rezone, General Plan Amendment, Lot Line Adjustment, and Mitigated Negative Declaration for construction of a new substation directly southwest of the site (File Nos. 09-03- GPA, 09-04-REZ, 09-05-SDP, 09-06-UP, 09-07-BLA). The new substation, which was completed in 2012, replaced and upgraded the previous substation that existed on the Project site. The ATTACHMENT 2
Staff Report
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
2 original substation was decommissioned, and aboveground infrastructure was removed, with the exception of one 400 sf shed, 115 kilovolt (kV) transmission pole and one 12kV distribution pole with guy wires and anchors that remain on-site. Underground infrastructure such as foundations, conduits and cables, and vaults remain in place on the west side of the property. The site has remained vacant since the decommissioning but was used for storage of materials and equipment by the City’s Electric Utility Department.
The Project parcel is part of the Limited Development and Property Exchange Agreement approved by City Council on March 2, 2022, in association with the Ukiah Western Hills Open Land Acquisition and Limited Development Project (approved by City Council on September 15, 2021). Under the Property Exchange Agreement component, the City conveyed three City-owned parcels including the Project site (APNs 003-582-38; 003-181-01; 003-190-08-00/003-500-19- 00), to a private property owner (Hull) in exchange for lands owned by Hull within the Western Hills for open space and public purposes. As of June 13, 2022, Hull maintains ownership of the parcels, including the Project site. The aforementioned City Council meetings and associated documents for the Western Hills Project may be found online at: https://cityofukiah.com/meetings/.
Since acquiring the property, a Determination of Appropriate Use (a “Director’s Determination”) was requested by Hull to use the site for temporary storage of construction materials associated with the Western Hills Project (specifically, utility and road improvements). The Director’s Determination (dated May 5, 2022) allows temporary storage of limited materials and equipment for a period of 18 months (Attachment 3).
Location. The 0.65-acre Project site is located on the corner of East Gobbi Street and South Orchard Avenue at 701 South Orchard Avenue (APN 003-181-01). The site is accessed via two gated driveways along Orchard Avenue. The Project site is surrounded by an eight foot (8’) chain link fence. The site is predominantly flat containing gravel and hardscape, with vegetation along the fence line. There is electric service connected to security cameras and the existing shed that was previously used by the City’s Electric Utility Department. Water service is also connected to the irrigation system for landscaping along the perimeter of the site.
Project Description. The Project site has a City of Ukiah General Plan (1995) designation of Public (P) and is zoned Public Facilities (PF). The Public land use designation and PF zoning designation are intended to be applied to properties which are used for or are proposed to be used for public or quasi-public purposes or for specified public utility purposes. The Project proposes to rezone the parcel from Public Facilities (PF) to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). No development is proposed at this time. The Rezone and General Plan Amendment are required because the parcel is no longer owned by the City and used for public proposes. The Commercial General Plan designation applies to lands appropriate for a variety of commercial uses where commerce and business may occur; uses are further specified within the corresponding zoning districts.
As described in Ukiah City Code §9080, the purpose of the C1 zoning district is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. Many commercial uses (such as restaurants, general retail, personal improvement establishments, and certain residential uses) are allowed within the C1 district, while others (such as auto repair shops, cannabis related
Staff Report
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
3 businesses, community care facilities, bars, and certain residential uses) require approval of a Use Permit. All future development is required to adhere to C1 zoning regulations. See Staff Analysis for more information.
Figure 1 provides an aerial image of the Project site, Figure 2 shows the General Plan designations, and Figure 3 shows the zoning designations. Photographs depicting views of the existing site are included in the application materials in Attachment 4.
SURROUNDING LAND USE & ZONING
The Project site is bounded by commercial land uses to the north, U.S. Highway 101 to the east residential uses to the south, and a vacant lot to the west. The City’s Electric Utility Substation is located southwest of the site, across Orchard Avenue. A summary of general plan and zoning designations and land uses directly adjacent to the site is provided below in Table 2.
Table 2, Surrounding Zoning and Land Uses
Figure 1, Project Location
GENERAL PLAN: ZONING: USE:
NORTH Commercial (C) Community Commercial (C1) Commercial EAST N/A N/A U.S Highway 101 and
County jurisdiction
SOUTH Medium Density
Residential
Planned DevelopmentResidential (Brookside Estates)Residential WEST Commercial C1 Vacant
Staff Report
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
4 2, General Plan Designations
Figure 3, Zoning Designations
Existing P designation
proposed as C
Existing PF designation
proposed as C1
Staff Report
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
5 AGENCY COMMENTS
The application was referred to departments and agencies with jurisdiction or interest in the Project, including the City of Ukiah Community Development Department- Building Official, City of Ukiah Police Department, City of Ukiah Public Works Department, City of Ukiah Electric Utility Department, Ukiah Valley Fire Authority, Ukiah Municipal Airport, Mendocino County Planning and Building Services Department, Mendocino County Airport Land Use Commission , Mendocino County Environmental Health Department, Mendocino County Surveyor, California Military Branches, and California Department of Transportation. Comments received during agency review are included in Attachment 5 and Draft Conditions of Approval are contained in Attachment
2. STAFF ANALYSIS
General Plan and Zoning Consistency
The Project proposes to rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because typically PF parcels are owned by a public entity and used for public purposes; the parcel is no longer owned by the City, nor is it used for municipal purposes.
The Project site is surrounded largely by commercial and residential uses. Other C1 zoned parcels (with Commercial General Plan designations) currently exist immediately west and north of the site. Future development of the site would require adherence to all C1 zoning regulations.
In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. The Project supports General Plan goals and policies related to commercial and economic development, as it would provide an opportunity for commercial (or other) development on-site. As such, the proposed General Plan Amendment and Rezone would be consistent with the City’s General Plan and zoning code.
Per UCC §9265(d), the Planning Commission shall hold at least one public hearing on any proposed zoning or General Plan amendment, and formulate a recommendation to the City Council. The Planning Commission’s recommendation shall be advanced to the City Council for consideration at the next available meeting (tentatively scheduled for August 17, 2022).
Airport Compatibility
The Project parcel is located approximately 0.72 mi southwest of the Ukiah Municipal Airport within Airport Compatibility Zone 6 (Traffic Pattern Zone) of the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), which is where aircraft are typically at or below 1,000-foot traffic pattern altitude. According to Table 3A of the UKIALUCP, many uses such as a variety residential and commercial, and retail uses are listed as conditionally compatible, subject to density, height, and use development standards. Although the Project does not include development, because the Project involves a general plan amendment and rezone, the Project requires formal review by the Mendocino County Airport Land Use Commission (ALUC), per UKIALUCP Policy 1.4.5. As such, on June 16, 2022, the Project was reviewed by the ALUC; the ALUC found the Project to be consistent with the UKIALUCP. All future development would have to comply with the UKIALUCP and may require additional review by the ALUC.
Staff Report
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
6 ENVIRONMENTAL DOCUMENTATION
In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division prepared a draft Initial Study and Negative Declaration (ISND) for the proposed Project.
The ISND (State Clearinghouse No. 2022060474) was circulated for public review from June 21, 2022, through July 25, 2022. The Draft ISND is included as Attachment 6. No written public comments on the ISND have been received as of the date of this Staff Report.
The ISND found that the Project would result in a less than significant impact to Energy, Hazards and Hazardous Materials, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation, and Wildfire; and no impact to Aesthetics, Agriculture and Forestry, Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Mineral Resources, Recreation, and Utilities and Service Systems.
While the Project would rezone the property from PF to C1, creating the potential for future commercial and residential development opportunities, no development is proposed at this time.
Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, size and timing of future development is unknown. Additionally, future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would require building permits for consistency with building and safety codes. Additional environmental and discretionary review may also be required.
Based upon the analysis contained within the Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed therein. As such, a Negative Declaration was prepared for the Project and no mitigation measures are proposed or required.
NOTICE
The Notice of Intent to adopt the ISND and conduct a public hearing for the Project was provided in the following manner, in accordance with Ukiah City Code (UCC) §9265 and California Environmental Quality Act (CEQA) Guidelines §15073:
• Provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on June 21, 2022; • Posted on the City’s webpage on June 22, 2022;
• Published in the Ukiah Daily Journal on June 24, 2022; • Posted on the Project site on June 28, 2022; and
• Posted at the Civic Center (glass case) 72 hours prior to the public hearing.
RECOMMENDATION
The Ukiah City Code places the authority for adoption of the Initial Study and Negative Declaration, as well as approval of the General Plan Amendment and Rezone (Project) with the City Council. The Planning Commission has the authority to consider the aforementioned and make recommendations to the City Council. Findings to adopt the ISND and approve the General Plan Amendment and Rezone are included in Attachment 1.
Staff Report
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
7 As such, Staff recommends Planning Commission:
1) Conduct a public hearing;
2) Approve a recommendation to the City Council to adopt the Initial Study and Negative Declaration; and
3) Approve a recommendation to the City Council to approve the General Plan Amendment and Rezone.
ATTACHMENTS
1. Draft Findings
2. Draft Conditions of Approval
3. Director’s Determination, dated May 5, 2022
4. Application Materials
5. Agency Comments
6. Draft Initial Study and Negative Declaration, dated June 21, 2022
CALIFORNIA ENVIRONMENTAL QUALITY ACT
INITIAL STUDY AND
NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT AND REZONE OF
701 SOUTH ORCHARD AVENUE
June 21, 2022
SCH No: XXXXXX
Prepared by:
City of Ukiah
Community Development Department
Planning Division
300 Seminary Avenue, Ukiah, CA 95482
ATTACHMENT 3
2 General Plan Amendment and Rezone
701 South Orchard Avenue
Draft Initial Study and Negative Declaration
City of Ukiah
Table of Contents
I. PROJECT INFORMATION 3
II. PROJECT DESCRIPTION 4
1. Project Location 4
2. Environmental Setting and Background 4
3. Project Components 5
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 10
IV. DETERMINATION 11
V. EVALUATION OF ENVIRONMENTAL IMPACTS 12
1. Aesthetics 12
2. Agriculture and Forestry Resources 14
3. Air Quality 15
4. Biological Resources 17
5. Cultural Resources 18
6. Energy 20
7. Geology and Soils 22
8. Greenhouse Gas Emissions 23
9. Hazards and Hazardous Materials 25
10. Hydrology and Water Quality 28
11. Land Use and Planning 29
12. Mineral Resources 31
13. Noise 32
14. Population and Housing 33
15. Public Services 34
16. Recreation 35
17. Transportation 36
18. Tribal Cultural Resources 38
19. Utilities and Service Systems 39
20. Wildfire 41
21. Mandatory Findings of Significance 42
VI. REFERENCES 44
3 General Plan Amendment and Rezone
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I. PROJECT INFORMATION
Project Title: General Plan Amendment and Rezone of 701 South Orchard Avenue Lead Agency Address and Phone Number:
City of Ukiah, Community Development Department
300 Seminary Avenue
Ukiah, California 95482
(707) 463-6200
CEQA Contact Person and Phone Number:
Michelle Irace, Planning Manager
City of Ukiah, Community Development Department
(707) 463-6203
[email protected]
Applicant: Maya Simerson, Project Administrator, City Manager’s Office, City of Ukiah Property Owner: Dave Hull
Project Location: 701 South Orchard Avenue (APN 003-181-01) Existing General Plan Designation: Public
Existing Zoning District: Public Facilities (PF)
Proposed General Plan Designation: Commercial (C)
Proposed Zoning District: Community Commercial (C1)
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II. PROJECT DESCRIPTION
1. Project Location
The 0.65-acre Project site is located on the corner of East Gobbi Street and South Orchard Avenue at 701 South Orchard Avenue (APN 003-181-01). The site is accessed via two gated driveways along Orchard Avenue. Land uses in the immediate vicinity include residential and commercial uses.
Additionally, the City’s Electric Utility Substation is located southwest of the site, across Orchard Avenue. Figure 1 provides a location map of the site, Figure 2 provides an aerial image of the Project site, Figures 3 and 4 show the existing General Plan and zoning designations, and Figures 5 through 8 depict existing views of the site.
2. Environmental Setting and Background
The Ukiah Valley is approximately nine miles long, running north to south, comprising more than 40,000 acres along U.S. Route 101. The Russian River follows the valley, winding through agricultural lands just outside of Ukiah to the east. The valley is approximately 630 feet in elevation, with the hills of the Mendocino and Mayacamas ranges that flank the valley reaching up to 3,000 feet in elevation.
The City of Ukiah is located approximately 155 miles south of Eureka, 110 miles north of San Francisco, and is situated along US 101 in southeastern Mendocino County. US 101 freeway traverses the City of Ukiah in a north/south direction. State Route (SR) 222, also known as Talmage Road, is a short east/west state highway that intersects US 101 in the southern portion of the City of Ukiah. US 101 connects Ukiah to Santa Rosa and San Francisco, providing major regional access to the City.
SR 253, located at the south end of Ukiah, begins at US 101 and travels in an east/west direction connecting Ukiah with SR 1 along the coast. The City of Ukiah spans more than 3,000 acres (4.7 square miles), and is regionally significant, serving as the seat of Mendocino County.
The Project site previously housed the City’s Electric Substation from the early 1980s to 2012. In April 2010, the Ukiah City Council approved a Major Site Development Permit, Use Permit, Rezone, General Plan Amendment, Lot Line Adjustment, and Mitigated Negative Declaration for construction of a new substation directly southwest of the site (File Nos. 09-03-GPA, 09-04-REZ, 09-05-SDP, 09- 06-UP, 09-07-BLA). The new substation, which was completed in 2012, replaced and upgraded the previous substation that existed on the Project site. The original substation was decommissioned, and aboveground infrastructure was removed, with the exception of one 400 sf shed, 115 kilovolt (kV) transmission pole and one 12kV distribution pole with guy wires and anchors that remain on-site.
Underground infrastructure such as foundations, conduits and cables, and vaults remain in place on the west side of the property. The site has remained vacant since the decommissioning but has been used for storage of materials and equipment by the City’s Electric Utility Department. The Project site is surrounded by an eight foot (8’) chain link fence. The site is predominantly flat containing gravel and hardscape, with vegetation along the fence line. There is electric service connected to security cameras and the existing shed that was previously used by the City’s Electric Utility Department. Water service is also connected to the irrigation system for landscaping along the perimeter of the site.
The Project parcel is part of the Limited Development and Property Exchange Agreement approved by City Council on March 2, 2022, in association with the Ukiah Western Hills Open Land Acquisition and Limited Development Project (approved by City Council on September 15, 2021).1 Under the 1 The September 15, 2021, and March 2, 2022 City Council meetings and associated documents for the Western Hills Project may be found online at: https://cityofukiah.com/meetings/
5 General Plan Amendment and Rezone
701 South Orchard Avenue
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City of Ukiah
Property Exchange Agreement component, the City conveyed three City-owned parcels including the Project site (APNs 003-582-38; 003-181-01; 003-190-08-00/003-500-19-00), to a private property owner (Hull) in exchange for lands owned by Hull within the Western Hills for open space and public purposes. As of June 13, 2022, Hull maintains ownership of the parcels, including the Project site. The site remains vacant but is being used for temporary of construction materials associated with the Western Hills Project.
3. Project Components
The Project site has a City of Ukiah General Plan (1995) designation of Public (P) and is zoned Public Facilities (PF). The Public land use designation and PF zoning designation are intended to be applied to properties which are used for or are proposed to be used for public or quasi-public purposes or for specified public utility purposes. The Project proposes to rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because typically PF parcels are owned by a public entity and used for public purposes.
The Commercial General Plan designation applies to lands appropriate for a variety of commercial uses where commerce and business may occur; uses are further specified within the corresponding zoning districts. As described in Ukiah City Code Section 9080, the purpose of the C1 zoning district is “to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects.” Many commercial uses (such as restaurants, general retail, personal improvement establishments, and certain residential uses) are allowed within the C1 district, while others (such as auto repair shops, cannabis related businesses, community care facilities, bars, and certain residential uses) require approval of a Use Permit. The current private property owner plans to develop the property for commercial uses in the future, but does not have a proposed plan at this time. Future development of the site would require adherence to all C1 zoning regulations, which may be found online at:
https://www.codepublishing.com/CA/Ukiah/#!/Ukiah09/Ukiah0902-0700.html#art7. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. See Section V.11, Land Use and Planning of this Initial Study, for more information.
The application was referred to departments and agencies with jurisdiction or interest in the Project, including the City of Ukiah Community Development Department- Building Official, City of Ukiah Police Department, City of Ukiah Public Works Department, City of Ukiah Electric Utility Department, Ukiah Valley Fire Authority, Ukiah Municipal Airport, Mendocino County Planning and Building Services Department, Mendocino County Environmental Health Department, Mendocino County Surveyor, California Military Branches, and California Department of Transportation. No substantive comments requiring revisions to the Project Description or Conditions of Approval were received through this review.
6 General Plan Amendment and Rezone
701 South Orchard Avenue
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City of Ukiah
Figure 1, Project Location Map
Figure 2, Aerial of Project Site
Project
Site
Project
Site
7 General Plan Amendment and Rezone
701 South Orchard Avenue
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City of Ukiah
Figure 3, General Plan Designation Map
Figure 4, Zoning Designation Map
Existing P designation
proposed as C
Existing PF zoning
designation proposed as C1
8 General Plan Amendment and Rezone
701 South Orchard Avenue
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Figure 5, Existing View of Project Site from Inside the Fence Looking East Figure 6, Existing View of Project Site from South Orchard Avenue Looking East
9 General Plan Amendment and Rezone
701 South Orchard Avenue
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Figure 7, Existing View of Project Site from East Gobbi Street Looking East Figure 8, Existing View of Project Site from East Gobbi Street Looking West
10 General Plan Amendment and Rezone
701 South Orchard Avenue
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City of Ukiah
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
Purpose of the Initial Environmental Study: This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the Project, as proposed, would have a significant impact upon the environment. The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" requiring mitigation measures, as indicated by the checklist on the following pages.
Aesthetics Agriculture & Forestry Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials
Hydrology/Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
Summary of Findings: As discussed throughout the Initial Study, the Project proposes to rezone the existing parcel, currently zoned as public facilities (PF), to community commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because the site is no longer under City ownership or used for public purposes. While the Project would rezone the property from PF to C1, creating the potential for future commercial and residential development opportunities, no development is proposed at this time. Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, size and timing of future development is unknown. Additionally, future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would require building permits for consistency with building and safety codes. Additional environmental and discretionary review may also be required.
Based upon the analysis contained within this Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed herein. As such, a Negative Declaration will be prepared for the Project.
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V. EVALUATION OF ENVIRONMENTAL IMPACTS
The purpose of this Initial Study/Mitigated Negative Declaration (ISMND) is to provide an analysis of the potential environmental consequences as a result of the proposed Project. The environmental evaluation relied on the following categories of impacts, noted as column headings in the IS checklist, in accordance with CEQA Guidelines Appendix G.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.”
“Less Than Significant Impact” applies where the Project would not result in a significant effect (i.e., the Project impact would be less than significant without the need to incorporate mitigation). “No Impact” applies where the Project would not result in any impact in the category or the category does not apply. This may be because the impact category does not apply to the proposed Project (for instance, the Project Site is not within a surface fault rupture hazard zone), or because of other projectspecific factors.
1. Aesthetics
AESTHETICS. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In nonurbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Significance Criteria: Aesthetic impacts would be significant if the Project resulted in the obstruction of any scenic vista open to the public, damage to significant scenic resources within a designated
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State scenic highway, substantial degradation to the existing visual character or quality of the site and its surroundings from public views, or generate new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the Project.
Environmental Setting: Views of expansive hillsides, mostly within the County’s jurisdiction, surround the City. Some hillsides are densely forested with evergreen trees, while others are relatively open in comparison, dominated by mature oak trees set amid scrub and grasslands. Specific to resources within the City limits, one of the most notable scenic resources are the Western Hills, rising above the valley floor on the west side of Ukiah. Views on the Valley floor within the City of Ukiah include those typical of existing residential and commercial development and the majority of the land within the City limits is previously developed. In addition, some views of agricultural land uses within the City limits, or immediately outside of City limits, are available.
Generally speaking, scenic vistas are typically described as areas of natural beauty with features such as topography, watercourses, rock outcrops, and natural vegetation that contribute to the landscape’s quality. Noted throughout the City of Ukiah’s 1995 General Plan are views of hillsides, open space areas and agricultural areas as scenic resources within the Ukiah Valley. Water in the form of creeks, streams, and rivers is often a prominent feature in the scenic landscape as well. The General Plan generally identifies U.S. Highway 101 through the entire Ukiah Valley as a local scenic corridor but does not identify location-specific scenic resources within the City limits. According to the California Department of Transportation’s (Caltrans) State Scenic Highway System Map, there are no designated state scenic highways within the vicinity of the Project. In addition, there are no highways identified as eligible for state designation. From the Project site, partial views Western Hills are available in the background to the west, while commercial and residential development along Gobbi and Orchard Streets is visible in the foreground. Example views are shown in Figures 5 through 8.
Discussion: (a-d) No impact. As noted in the Project Description and shown in Figures 1 through 8, the Project site is in an urbanized area, surrounded by commercial and residential development. The site is vacant, with the exception of temporary construction materials that are being stored, a 400-sf shed, remnant concrete pilings and electric utility transmission poles. The site is hardscaped with little vegetation and is surrounded by an eight-foot fence. The Project proposes a rezone and general plan amendment of the parcel, but does not propose development or site improvements. As such, the Project would have no impact on visual resources, including the existing character of the site or surroundings, and existing light and glare. Potential future development would be reviewed on a project-level basis for impacts to visual resources. As such, the Project would have No impact on visual resources.
Mitigation Measures: None
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2. Agriculture and Forestry Resources
AGRICULTURE AND FORESTRY
RESOURCES. Would the project:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
d) Result in the loss of forest land or conversion
of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?
Significance Criteria: The Proposed Project would have a potentially significant impact on agricultural resources if it would convert prime farmland to a non-agricultural use, conflict with a Williamson Act contract, or disrupt a viable and locally important agricultural use. The Project would have a potentially significant impact on forestry resources if it would result in the loss, rezoning or conversion of forestland to a non-forest use.
Environmental Setting: Early agricultural efforts in the Ukiah Valley included the raising of livestock, and the growing of various grains, hay, alfalfa, and hops. When the Northwestern Pacific Railroad was completed in 1889; prunes, potatoes, pears, and hops could be grown and sent to San Francisco and other regional markets. Wine grapes were planted, and irrigation was practiced on a small scale.
Through the 1950s, hops, pears, prunes and grapes were the most widely planted crops in the Ukiah Valley. After the railroad was completed, lumber mills sprang up in the Ukiah Valley and became the major industry in Mendocino County as trains took redwood logs and processed boards south to the San Francisco region. Today, much of the active agricultural land is located on the Valley floor and lower elevations along the Russian River system. Only a limited percentage of the Valley’s agricultural lands are currently protected under Williamson Act Agricultural Preserve contracts. According to the County of Mendocino’s Public GIS system, there are no Williamson Act contracts within the Project site or immediate vicinity.
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There are no zoning districts within the City limits for Agriculture or Timber Preserve. While there is an overlay for agriculture in the Zoning Ordinance, it is not applied to any parcel within the City limits.
There are a small number of City parcels that have current agricultural uses such as existing vineyards. However, these are ongoing non-conforming uses within non-agricultural zoning districts.
According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the majority of lands within the City of Ukiah are identified as “Urban Built-Up Land”.
Discussion: (a-e) No Impact. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the Project site is designated as “Urban Built-Up Land” and does not contain Unique Farmland, or Farmland of Statewide Importance. As such, the Project would not convert Farmland, conflict with existing zoning for agriculture or forest land, and would not involve changes to the environment that would result in the conversion of agricultural resources to non-agriculture uses. No impact would occur.
Mitigation Measures: None
3. Air Quality
AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a substantial
number of people?
Significance Criteria: The Proposed Project would have a significant impact to air quality if it would conflict with an air quality plan, result in a cumulatively considerable net increase of criteria pollutant which the Mendocino County Air Quality Management District (MCAQMD) has designated as nonattainment, expose sensitive receptors to substantial concentrations of air pollutants, or result in emissions that create objectionable odors or otherwise adversely affect a substantial number of people.
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Environmental Setting: The Project is located within the North Coast Air Basin (NCAB), which includes Del Norte, Humboldt, Trinity, Mendocino, and northern Sonoma Counties, and is under the jurisdiction of the Mendocino County Air Quality Management District (MCAQMD). The area’s climate is considered Mediterranean, with warm, dry summers and cooler, wet winters. Summer high temperatures average in the 90s with high temperatures on very warm days exceeding 105 degrees.
Summer low temperatures range between 50-60 degrees. Winter high temperatures generally range in the 50s and 60s. The average annual temperature is 58 degrees. Winter cold-air inversions are common in the Valley from November to February.
Prevailing winds are generally from the north. Prevailing strong summer winds come from the northwest; however, winds can come from the south and east under certain short-lived conditions.
In early autumn, strong, dry offshore winds may occur for several days in a row, which may cause air pollution created in the Sacramento Valley, Santa Rosa Plain, or even San Francisco Bay Area to move into the Ukiah Valley.
The MCAQMD, which includes the City of Ukiah and surrounding areas, is designated as nonattainment for the State Standard for airborne particulate matter less than 10 microns in size (PM10).
Particulate matter (PM) has significant documented health effects. The California Clean Air Act requires that any district that does not meet the PM10 standard make continuing progress to attain the standard at the earliest practicable date. The primary sources of PM10 are wood combustion emissions, fugitive dust from construction projects, automobile emissions and industry. Nonattainment of PM10 is most likely to occur during inversions in the winter. Regulation 1 of the MCAQMD contains regulations (known as “Rules”) to regulate particulate matter; these Rules prohibit activities that would result in the injury, detriment, or annoyance of a considerable number of people, or which endanger the health and safety of the public.
The MCAQMD also provides the following significance thresholds for construction emissions:
1. 54 pounds per day of ROG (reactive organic gas)
2. 54 pounds per day of NOx (oxides of nitrogen as nitrogen dioxide)
3. 82 pounds per day of PM10 (particulate matter less than 10 microns in size)
4. 54 pounds per day of PM2.5 (airborne particulate matter with a diameter of 2.5 microns or less)
5. Best Management Practices for Fugitive Dust – PM10 and PM2.5 Discussion: (a-d) No impact. Typically, short-term construction related air quality impacts result from large projects requiring a significant amount of grading, demolition, or new construction that results in increased emission sand dust. Additionally, projects that require a large amount of vehicle trips and use of diesel equipment over an extended period (months) of time can result in air quality impacts.
Long-term air quality impacts are typically from land uses that produce a significant amount of emissions, or sources of dust or other airborne irritants.
As described in the Project Description, no development is proposed. All future development would comply with MCAQMD regulations. As such, the Project would have no impact on air quality.
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4. Biological Resources
BIOLOGICAL RESOURCES. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on any
species identified as a candidate, sensitive, or
special status species in local or regional plans,
policies, or regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and
Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Wildlife or U.S. Fish and
Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS) or any species protected under provisions of the Migratory Bird treaty Act (e.g. burrowing owls); substantial effect upon riparian habitat or other sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; substantial effect (e.g., fill, removal, hydrologic interruption) upon state or federally protected wetlands; substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors; conflict with any local policies/ordinances that protect biological resources or conflict with a habitat conservation plan.
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Environmental Setting: As noted in the Project Description, the Project site is previously disturbed and located within an urban area surrounded by existing development. The site is predominantly flat containing gravel and hardscape, with vegetation along the fence line. Databases queried for the presence of biological resources included the California Department of Fish and Wildlife California Natural Diversity Database (CNDDB) and the U.S Fish and Wildlife Service’s (USFWS) Critical Habitat Mapper; these databases showed no biological resources including sensitive species, critical habitat, riparian habitat, sensitive natural communities, wildlife habitat corridors, water resources, or wetlands on the site, nor in the immediate vicinity.
Discussion: (a-f) No impact. As noted above, the site is previously disturbed and does not contain sensitive biological resources or habitat. Additionally, because the site is fully fenced in an urban area, there are no wildlife corridors going through the site and the Project would not impede the movement of wildlife. Lastly, there are no adopted Habitat Conservation Plans for the City of Ukiah, nor the larger Ukiah Valley that are applicable to the Project. As such, no impact to the biological resources would occur.
Mitigation Measures: None.
5. Cultural Resources
CULTURAL RESOURCES. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
c) Disturb any human remains, including those
interred outsides of dedicated cemeteries?
Significance Criteria: The proposed Project would significantly impact cultural resources if the significance of a historical or archaeological resource were substantially changed, or if human remains were disturbed. Historical resources under CEQA include historic-era architectural resources within the built environment such buildings, structures, and other objects. Archaeological and unique archeological resources can also be considered historical resources, according to CEQA Section 15064.5 and Section 21083.2(g).
Section 15064.5 states the term “historical resources” includes a resource listed or determined to be eligible for listing in the state or federal registers, in addition to a resource listed in the local register, or otherwise deemed to be historically significant by the lead agency by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4852) including the following:
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a. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
b. Is associated with the lives of persons important in our past; c. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
d. Has yielded, or may be likely to yield, information important in prehistory or history.
Additionally, Section 21083.2(g) identifies a unique archeological resource as an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:
1) Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information.
2) Has a special and particular quality such as being the oldest of its type or the best available example of its type.
3) Is directly associated with a scientifically recognized important prehistoric or historic event or person.
In 2005, Senate Bill 18 (SB 18) established responsibilities for local governments to contact, provide notice to, refer plans to, and consult with California Native Tribes. The provisions of SB 18 apply only to city and county governments and not to other public agencies. Prior to the adoption or any amendment of a general plan or specific plan, a local government must notify the appropriate tribes (on the contact list maintained by the Native American Heritage Commission) of the opportunity to conduct consultations for the purpose of preserving, or mitigating impacts to, cultural places located on land within the local government's jurisdiction that is affected by the proposed plan adoption or amendment. Tribes have 90 days from the date on which they receive notification to request consultation, unless a shorter timeframe has been agreed to by the tribe (Government Code §65352.3).
Environmental Setting: The Ukiah Township lies in a valley of the Russian River, bounded on the north by Calpella Township, on the east by Lake County, on the south by Sanel Township, and on the west by Anderson Township. The City of Ukiah was first settled in 1856 by Samuel Lowry. Initially incorporated into Sonoma County, an independent Mendocino County government was established in 1859 with Ukiah as the chosen county seat. Logging, cattle, and agricultural ventures contributed to the early settlement and growth of Ukiah throughout the remainder of the 19th century and early 20th century. 1889 is the date recorded for the first arrival of the train to Ukiah, quickly resulting in increased settlement of the City and its environs. The City of Ukiah is within the territory of the Northern Pomo. Permanent villages were often established in areas with access to staple foods, often times along eco-tones (transitions between varying environments), with access to good water, and generally flat land.
The late 19th century saw slow growth in the community, with a slight decline after the turn of the century. The town grew steadily, though it remained a relatively remote outpost in the hinterlands of Northern California for several more decades. The area around the intersection of the current Perkins and Main streets was one of the earliest settlement locations for the town. Absalom Tidwell Perkins built a house for his family near the southwest corner of the current Perkins and Main streets, and built a feed stable on the Project site around 1857. By 1860, Ukiah had approximately 25 dwellings and a budding commercial district. Ukiah’s sparse population and relative remoteness delayed the arrival of the railroad. In 1886 the Cloverdale and Ukiah Railroad was formed to extend north to Ukiah; and the line was completed in 1889, 20 years after it began in Petaluma in 1869. The improved transportation network did open up Mendocino County to greater commercial and industrial growth, though the population did not expand rapidly.
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Discussion: (a-c) No impact. The Project parcel has historically been used for municipal (public) purposes and is previously disturbed. The Project site has remained vacant since the previous substation was decommissioned in 2012, but has been used for storage of materials and equipment by the City’s Electric Utility Department. It is mostly flat with gravel and hardscape. The site is currently being used for temporary of construction materials associated with the Western Hills Project. Because the site is previously disturbed and there is no development proposed, the Project would not result in an impact to cultural resources.
Regardless, because the Project involves a general plan amendment a notification proving the opportunity for consultation in accordance with SB18 was sent to tribes within Mendocino County (as maintained by the Native American Heritage Commission), but no response requesting formal consultation was received. Based on the aforementioned, the Project would have no impact on cultural resources.
6. Energy
ENERGY. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Significance Criteria: The Proposed Project would significantly impact energy if construction or operation of the Project would result in wasteful, inefficient or unnecessary consumption of energy resources or if the Project would conflict with a state or local plan for renewable energy or energy efficiency.
Environmental Setting: Recent legislature has urged the State of California to conserve energy resources and provide renewable and zero-carbon energy resources in place of fossil fuels for generating electricity in the state. Specific to construction projects, the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA) contain standards to regulate energy consumption through Green Building Standards to ensure construction and operation does not result in wasteful, inefficient or unnecessary consumption of energy resources. In addition, current building codes require energy efficiency systems to be included in their plans for permit review. These building codes are regularly updated statewide through California Building Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations, Title 24, Part 6), commonly referred to as “Title 24” In general, Title 24 requires the design of building shells and building components to conserve energy, with standards to promote better windows, insulation, lighting, ventilation systems, and other features that reduce energy consumption in homes and businesses.
The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.
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Discussion: (a-b) Less than significant impact. There is electric service connected to security cameras at the existing shed that was previously used by the City’s Electric Utility Department. The Project site is currently being used for temporary staging and storage of materials associated with the Western Hills project, but no development requiring additional electricity is included in this temporary use. Because no development is proposed, there would be no change in the operational sources of energy consumed. All future development would be required to comply with the aforementioned regulations related to energy efficiency. As such, the Project would have a less than significant impact on energy resources.
Mitigation Measures: None
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7. Geology and Soils
GEOLOGY AND SOILS. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury,
or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication
42?
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste water
disposal systems where sewers are not available
for the disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
Significance Criteria: The Proposed Project would result in a significant impact to geological or soil resources if the Project exposed people or buildings to seismic risk; ruptured a known fault; produced strong seismic ground shaking, ground failure, liquefaction, landslides or substantial soil erosion; is located on expansive soil or unstable ground or create unstable ground; or destroyed a unique paleontological resource or geologic feature.
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Environmental Setting: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the Valley in a generally northwest-southeast direction, approximately 0.8-mi east of the City limits at its closets point. The Ukiah Valley is located within the North Coast Range geologic province, comprised of a geologic feature unique to California, the Franciscan Formation. The Franciscan Formation is comprised of serpentine, sandstone, and other sedimentary rocks. Based on California Geological Survey maps and the Background Report for the County of Mendocino General Plan Update (prepared by P.M.C., 2003), the City of Ukiah is outside of known areas of historic faults, Holocene Fault, Late Quaternary Fault and the Alquist-Priolo Earthquake Fault Zone. Because most of the lands within the City are generally flat, slope instability hazards are not a concern, with the exception of lands within the Western Hills.
Discussion: (a-d) No Impact. The Project site sits at approximately 597 feet in elevation and is relatively flat. According to the U.S. Department of Agriculture, Natural Resources Conservation Service’s Web Soil Survey, the soils within the Project site are characterized as “113, Cole loam drained, 0 to 2 percent slopes”, which is described as soils consisting of very deep, somewhat poorly drained soils that formed in alluvium from mixed sources. However, the site is currently hardscaped with asphalt and gravel. In addition, according to the U.S. Geological Survey (USGS), the site does is not susceptible to landslides, nor strong seismic ground shaking. The Project does not include development; all new development in the future would adhere to California Building Code requirements pertaining to erosion, soil stability and seismic regulations. For the above reasons, the Project would have no impact to geology and soils.
Mitigation Measures: None
8. Greenhouse Gas Emissions
GREENHOUSE GAS EMISSIONS. Would the
project:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
Significance Criteria: The Project would have a significant effect on greenhouse gas emissions if it would generate greenhouse gas emissions (GHG), either directly or indirectly, that may have a significant impact on the environment; or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.
Environmental Setting: Climate change is caused by greenhouse gases (GHGs) emitted into the atmosphere around the world from a variety of sources, including the combustion of fuel for energy and transportation, cement manufacturing, and refrigerant emissions. GHGs are those gases that have the ability to trap heat in the atmosphere, a process that is analogous to the way a greenhouse traps heat. GHGs may be emitted a result of human activities, as well as through natural processes.
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Increasing GHG concentrations in the atmosphere are leading to global climate change.
The state of California has adopted various administrative initiatives and legislation relating to climate change, much of which set aggressive goals for GHG emissions reductions statewide. Although lead agencies must evaluate climate change and GHG emissions of projects subject to CEQA, the CEQA Guidelines do not require or suggest specific methodologies for performing an assessment or specific thresholds of significance and do not specify GHG reduction mitigation measures. No state agency has developed binding regulations for analyzing GHG emissions, determining their significance, or mitigating significant effects in CEQA documents. Thus, lead agencies exercise their discretion in determining how to analyze GHGs. Because there are no adopted GHG thresholds applicable to the Project, and because the Project is considered “small scale,” meaning that it does not include new large buildings or components requiring significant construction that would result in increased GHGs, the below qualitative analysis is appropriate.
Pursuant to AB 32, on December 14, 2017, the California Air Resources Board (CARB) approved the current Climate Change Scoping Plan, California’s, 2017 Climate Change Scoping Plan (2017 Scoping Plan Update). The 2017 Scoping Plan Update outlines the proposed framework of action for achieving the 2030 GHG target of 40 percent reduction in GHG emissions relative to 1990 levels. The Scoping Plan Update incorporates a broad array of regulations, policies, and state plans designed to reduce GHG emissions. Most of these regulations are also incorporated into existing California Building Code regulations and other state laws applicable to operation of vehicles and equipment.
Additionally, Title 24 Building Energy Efficiency Standards provide minimum efficiency standards related to new development, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting.
Discussion: (a-b) No impact. Because the Project does not propose development, there would be no impact to greenhouse gas emissions typically associated with construction and operation. All future development would be required to adhere to the aforementioned energy efficiency standards intended to reduce emissions. The Project would have no impact on greenhouse gas emissions.
Mitigation Measures: None.
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9. Hazards and Hazardous Materials
HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
or excessive noise for people residing or working
in the project area?
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
Significance Criteria: The Project would result in significant hazards or hazardous materials impacts if it exposed people to hazardous materials or placed them into hazardous situations; if it released hazardous materials or emissions into the environment or within 0.25 miles of a school; if it is located on a listed hazardous materials site; if it would create a hazard due to its proximity to a public airport or private airstrip; if it would create excessive noise for people in the area; if it would interfere with an emergency response or evacuation plan; or if it would expose people or structures to significant risks due to wildland fire.
Environmental Setting: Mendocino County has adopted numerous plans related to hazard management and mitigation including, but not limited to: Community Wildfire Protection Plan, Hazardous Waste Management Plan, Operational Area Emergency Plan, etc. The most recent plan, the Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was adopted by the
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County in December, 2020. The MJHMP provides an explanation of prevalent hazards within the County, identifies risks to vulnerable assets, both people and property, and provides a mitigation strategy to achieve the greatest risk reduction based upon available resources. The four cities within Mendocino County, including the City of Ukiah, participated in preparation of the MJHMP to individually assess hazards, explore hazard vulnerability, develop mitigation strategies, and create their own plan for each respective city (referred to as a “jurisdictional annex” to the MJHMP). The City of Ukiah adopted its jurisdictional annex chapter of the MJHMP on November 18, 2020. Hazards identified for the City if Ukiah include earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah.
The Ukiah Municipal Airport is located within the City of Ukiah jurisdictional limits. The Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) was adopted by the Mendocino County Airport Land Use Commission on May 20, 2021 and adopted by the Ukiah City Council on June 16, 2021. The UKIALUCP identifies areas (known as “compatibility zones”) with potential hazards and impacts to persons using or working within the vicinity of the airport.
Under Government Code Section 65962.5, both the State Water Resources Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC) are required to maintain databases of sites known to have hazardous substances present in the environment.
All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, some parcels within the western boundary of the City limits, are designated as “Very High” fire severity within the Local Responsibility Area (LRA). The Project site is not located within a High or Very High fire severity zone.
Discussion: (a-b) Less than significant impact. The site is currently vacant, with the exception of non-hazardous construction materials that are temporarily being stored. Because no development of the vacant site is proposed, the Project would not have an impact on hazardous resources. Future construction activities would likely require the use of heavy equipment and tools that would include the routine transport, use, storage, and disposal of small quantities of common hazardous materials, such as gasoline, diesel fuel, hydraulic fluids, and oils. However, future development would be required to adhere to state and federal regulations related to the transportation, use, and disposal of such materials. Additionally, future projects would be reviewed by City Departments, including the Electric Utility Department, to identify where previous substation underground equipment is located in relation to proposed development. As such, impacts would be less than significant. (c) Less than Significant impact. River Oak Charter School is located approximately 0.19 miles northwest of the Project site. However, as noted above, Project does not include development, and the use of all hazardous materials will be in accordance with applicable regulations intended to reduce potential impacts to the environment and people. Impacts would be less than significant. (d) No impact. The Project site does not include any known hazardous waste sites, as mapped by the SWRCB’s GeoTracker or DTSC’s EnviroStor databases. As such, no impact would occur. (e) Less than significant impact. The Project parcel is located approximately 0.72 mi southwest of the Ukiah Municipal Airport within Airport Compatibility Zone 6 (Traffic Pattern Zone) of the UKIALUCP, which is where aircraft are typically at or below 1,000-foot traffic pattern altitude.
According to Table 3A of the UKIALUCP, many uses such as a variety residential and commercial, and retail uses are listed as conditionally compatible, subject to density, height, and use development standards. Although the Project does not include development, because the Project involves a general
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plan amendment and rezone, the Project requires formal review by the Mendocino County Airport Land Use Commission (ALUC), per UKIALUCP Policy 1.4.5. As such, on June 16, 2022, the Project was reviewed by the ALUC; the ALUC found the Project to be consistent with the UKIALUCP. All future development would have to comply with the UKIALUCP and may require additional review by the ALUC. As such, impacts would be less than significant. (f) No impact. The Project does not include changes to existing access, nor does it proposed development that would impair or interfere with emergency response, implementation of, or physically interfere with, the adopted MJHMP or other emergency response plan or evacuation plan. Future development would be reviewed for access and emergency response concerns. No impact would occur.
(g) No impact. As previously noted, the Project site is not located within a High or Very High fire severity zone. The property owner is maintaining the site to prevent fire risk. The Project does not propose new development that could expose people or buildings to a significant risk of loss, injury or death involving wildland fires. No impact would occur.
Mitigation Measures: None.
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10. Hydrology and Water Quality
HYDROLOGY AND WATER QUALITY: Would
the project:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage pattern
of the site or area, including through the alteration
of the course of a stream or river or through the
addition of impervious surfaces, in a manner
which would:
i) result in a substantial erosion or siltation on- or
off-site;
ii) substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;
iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Significance Criteria: The Project would significantly impact hydrology and water quality if it violated water quality standards or waste discharge requirements or substantially degraded surface or groundwater quality; substantially decreased groundwater supplies or impeded sustainable groundwater management; altered drainage patterns in a manner that would cause substantial on- or off-site erosion, polluted runoff or excessive runoff that caused flooding; impeded or redirected flood flows; risked a release of pollutants due to inundation if in a flood hazard, tsunami or seiche zone; or conflicted with a water quality plan or sustainable groundwater management plan.
Environmental Setting: Average rainfall in Ukiah is slightly less than 35 inches. Most of the precipitation falls during the winter. Rainfall is often from brief, intense storms, which move in from the northwest. Virtually no rainfall occurs during the summer months. Surface water supplies for the Ukiah Valley include the Eel River, from which water is diverted into the Russian River watershed through the Potter Valley Project, Lake Mendocino, and the Russian River. Groundwater is drawn from the
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Ukiah Valley groundwater basin. The Ukiah Valley groundwater basin is the northernmost basin in the Russian River water system and underlies an area of approximately 60 square miles. Water enters the groundwater system via percolation of surface waters and through the soil. The creeks and streams in the Ukiah Valley provide drainage channels for groundwater recharge, as well as domestic and agricultural water supply. The City of Ukiah 2020 Urban Water Management Plan (UWMP) was adopted by City Council on June 2, 2021. The UWMP considers several growth scenarios including an additional 2,500 and 5,000 new hookup scenarios and determined that there is capacity through the 2045 planning horizon to serve these growth projections.
Discussion: (a-e) No impact. The Project does not propose development that would impact groundwater resources or alter drainage patterns of the site. Additionally, there are no water resources such as creeks or streams on the Project site, nor in the immediate vicinity, that would be impacted or altered as a result of the Project. Lastly, the Project is not located within a tsunami hazard zone, nor a flood zone, as identified by the Federal Emergency Management Agency. As such, no impact to hydrology and water quality would occur.
Mitigation Measures: None.
11. Land Use and Planning
LAND USE AND PLANNING. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
Significance Criteria: The Project would significantly impact land use if it physically divided an established community or conflicted with a land use plan, policy or regulation intended to avoid or mitigate an environmental impact, such as the general plan or zoning code.
Environmental Setting: The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single-family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities.
Development and land use patterns within the City of Ukiah are governed by the City’s General Plan, which was originally adopted in 1995, and currently in the process of being updated. Because the 2040 General Plan has not yet been adopted, the 1995 General Plan is the applicable plan relating to land use within the City. More specifically, zoning and land use are governed by the City’s Zoning Ordinance, as outlined in Division 9, Chapter 2 of the Ukiah City Code. The purpose of the Ukiah Zoning Code is to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.
In accordance with Ukiah City Code Section 9265(d), the Planning Commission shall hold at least one public hearing on a proposed zoning and General Plan amendments and formulate a recommendation to the City Council. The Planning Commission’s recommendation shall be advanced to the City
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Council for consideration at the next available City Council meeting. The City Council shall conduct a public hearing, duly noticed according to State law, prior to taking a final action on the project.
Discussion: (a) No impact. Physical division of an existing community would typically be associated with construction of a new highway, railroad, park or other linear feature being constructed in a manner that would bifurcate an established neighborhood or community. Because the Project does not propose such linear features or development, the Project would not result in the division of an established community. No impact would occur.
(b) Less than significant. The Project site has a General Plan (1995) designation of Public (P) and is zoned Public Facilities (PF). The Public land use designation and PF zoning designation are intended to be applied to properties which are used for or are proposed to be used for public or quasipublic purposes or for specified public utility purposes. The Project proposes to rezone the existing parcel, currently zoned as Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). A rezone is required because typically PF parcels are owned by a public entity and used for public purposes.
The Commercial General Plan designation applies to lands appropriate for a variety of commercial uses where commerce and business may occur; uses are further specified within the corresponding zoning districts. As described in Ukiah City Code Section 9080, the purpose of the C1 zoning district is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. Many commercial uses (such as restaurants, general retail, personal improvement establishments, and certain residential uses) are allowed within the C1 district, while others (such as auto repair shops, cannabis related businesses, community care facilities, bars, and certain residential uses) require approval of a Use Permit. The current private property owner plans to develop the property for commercial uses in the future, but does not have a proposed plan at this time. However, future development of the site would require adherence to all C1 zoning regulations, which may be found online at:
https://www.codepublishing.com/CA/Ukiah/#!/Ukiah09/Ukiah0902-0700.html#art7. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit.
As shown in Figures 1 through 8, the site is surrounded largely by commercial and residential uses.
Other C1 zoned parcels (with Commercial General Plan designations) currently exist immediately west and north of the site. As such, the proposed General Plan Amendment and Rezone would be consistent with surrounding land use patterns and zoning. For the reasons stated above, the Project would not conflict with existing zoning, the General Plan, or other land use policies intended for reducing environmental impacts. Final consideration of the proposed Project will be reviewed by the Planning Commission and City Council for land use consistency. As such, impacts would be less than significant.
Mitigation Measures: None
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12. Mineral Resources
MINERAL RESOURCES. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan or
other land use plan?
Significance Criteria: Impacts to mineral resources would be considered significant if the proposed Project were to result in the loss of a known mineral resource that has value to the region and state or is otherwise locally important as designated on a local land use plan.
Environmental Setting: The most predominant of the minerals found in Mendocino County are aggregate resource minerals, primarily sand and gravel, found along many rivers and streams. The Ford Gravel Bars are located in eastern Ukiah, along the Russian River.
Discussion: (a-b) No impact. There are no identified mineral resources within the Project site or immediate area. No impact would occur.
Mitigation Measures: None
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13. Noise
NOISE. Would the project result in: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Generation of excessive ground borne
vibration or ground borne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels
Significance Criteria: The Project would have a significant impact if it temporarily or permanently exceeded local noise standards in the vicinity of the Project, generated excessive ground borne noise or vibration; or would expose people residing or working in the area to excessive noise levels from public airports or private airstrips.
Environmental Setting: The UCC’s Noise Ordinance (Division 7, Chapter 1, Article 6) establishes ambient base noise level standards, ranging from 40 to 70 decibels, that apply to specific zoning districts within the City of Ukiah. “Ambient noise” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. These are specific to operation (not construction). For the purpose of the Noise Ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. Land uses exceeding these standards for long periods of time are considered to be significant.
Project construction can also generate varying degrees of noise and ground borne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates noise and vibration that spreads through the atmosphere and ground and diminishes in amplitude with distance from the source. While the Ukiah City Code does not contain thresholds for analyzing noise impacts from construction-related noise, guidance documents from the Federal Highway Administration and the Federal Highway Administration provide information on maximum noise and vibration levels associated with construction equipment and thresholds of significance for analyzing such impacts. Although the Ukiah City Code does not contain thresholds of significance for analyzing construction-related noise, UCC §6054, Construction of Buildings and Projects, states that it shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500’) therefrom, to operate equipment or perform any outside construction or repair work on buildings, buildings or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device (between the
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hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Director of Public works.
Discussion: (a-b) No impact. Because the Project does not propose development or a land use that would result in a change in the exist noise levels at the site, the project would not result in a temporary or permanent increase in ambient noise levels. Similarly, the Project would not result in groundborne vibration. No impact would occur.
(c) Less than significant impact. As discussed in Section V.9(e), the Project is located within Airport Compatibility Zone 6. Noise within Zone 6 is typically below CNEL 55dB with frequent individual noise events sufficient to intrude upon indoor activities. According to Table 3A of the UKIALUCP, many uses such as a variety residential and commercial, and retail uses are listed as conditionally compatible, subject to density, height, and use development standards. Although the Project does not include development, because the Project involves a general plan amendment and rezone, the Project requires formal review by the Mendocino County Airport Land Use Commission (ALUC), per UKIALUCP Policy 1.4.5. As such, on June 16, 2022, the Project was reviewed by the ALUC; the ALUC found the Project to be consistent with the UKIALUCP. All future development would have to comply with the UKIALUCP and may require additional review by the ALUC. As such, impacts would be less than significant.
Mitigation Measures: None
14. Population and Housing
POPULATION AND HOUSING. Would the
project:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned population
growth in an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of roads
or other infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the construction
of replacement housing elsewhere?
Significance Criteria: The proposed Project would result in significant impacts to the local population or housing stock if it directly or indirectly induced substantial unplanned population growth or displaced a substantial number of people or housing such that the construction of replacement housing would be required.
Environmental Setting: The City of Ukiah is approximately 4.72 square miles in size and located within Mendocino County. Overall, the City of Ukiah’s population has increased moderately over the past nearly 30 years, with a more accelerated increase in the last four years. Projections from the California State University Chico Center for Economic Development- Mendocino County Economic/Demographic Profile show this trend continuing. As described in the City’s Housing Element
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(2019) of the General Plan, the City’s annual growth rate between 1990 and 2018 averaged approximately 0.3%. Between 2000 and 2010, the City added 545 residents, or 3.7%, to its population.
According to the California Department of Finance, the population in the County of Mendocino was 59,985 in 2018 and 16,226 in the City of Ukiah. The 2020 Census data identifies the City of Ukiah population as 16,607.
Discussion: (a) Less than Significant impact. Although the Project proposes to rezone the parcel from PF to C1, which would allow for residential and commercial uses with higher density not currently allowed within the PF district, the Project does not propose development, and the timing and intensity of future development is unknown. The Project would not involve potential growth inducing development such as the construction of new homes or businesses, or the extension of roads or services. Future development would be analyzed on a project-level basis, as needed. As such, impacts would be less than significant.
Discussion: (b) No impact. The Project site does not contain residential units, and the Project does not propose activities that would result in the displacement of adjacent residential units. No impact would occur.
Mitigation Measures: None
15. Public Services
PUBLIC SERVICES. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public
services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Significance Criteria: The Project would result in a significant impact to public services if it resulted in a requirement for increased or expanded public service facilities or staffing, including fire or police protection, schools and parks.
Environmental Setting: Police protection services for the entire City limits is provided by the Ukiah
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Police Department, while the Mendocino County Sherriff’s Department provides police services for areas outside of the City limits. Fire protection services in the City are provided by the Ukiah Valley Fire Authority. Educational facilities in the City are provided by the Ukiah Unified School District (UUSD) and County Office of Education. Additionally, there are several private and charter schools serving residents within the City of Ukiah. As mentioned below in Section V.16, Recreation, of this Initial Study, there are 13 City parks, a municipal golf course, and a skate park managed by the City of Ukiah, as well as other recreational facilities in the area.
Discussion: (a) Less than significant impact. The City of Ukiah Police Department and Ukiah Valley Fire Authority are responsible for emergency response at the Project site. Because the Project does not propose development, the Project will not have a substantial effect on their ability to serve the area, nor would it result in the need for additional resources. Similarly, the Project would not result in an increase in population that would impact schools or parks in the area. As such, the Project would not result in result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services.
Impacts would be less than significant.
Mitigation Measures: None
16. Recreation
RECREATION. Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur or
be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
Significance Criteria: Impacts to recreation would be significant if the Project resulted in increased use of existing parks or recreational facilities to the extent that substantial deterioration was accelerated or if the Project involved the development or expansion of recreational facilities that would have an adverse effect on the physical environment.
Environmental Setting: The City of Ukiah manages several recreation facilities, including more than 13 City parks. In addition, there are approximately 30 miles of trails located throughout the Ukiah Valley, under County and federal jurisdiction.
Discussion: (a-b) No impact. The Project does not include the alteration or addition of recreational facilities. The Project does also does not propose new development that could potentially increase the use of recreational facilities in the area. As such, no impact would occur.
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Mitigation Measures: None
17. Transportation
TRANSPORTATION. Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system, including
transit, roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b), Criteria for
Analyzing Traffic Impacts?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
d) Result in inadequate emergency access?
Significance Criteria: Impacts to transportation and traffic would be significant if the Project conflicted with a local plan, ordinance or policy addressing transit, roadway, bicycle and pedestrian facilities; conflicted with CEQA Guidelines Sec. 15064.3(b), which contains criteria for analyzing transportation impacts; substantially increased hazards due to geometric design features; or resulted in inadequate emergency access.
Traditionally, transportation impacts had been evaluated by using Level of Service (LOS) analysis to measure the level of congestion on local roadways. However, as of July 1, 2020, lead agencies are required to analyze the transportation impacts of new projects using vehicle miles traveled (VMT), instead of LOS. VMT measures the number of additional miles produced by the project. If the project increases car travel onto the roads excessively, the project may cause a significant transportation impact. However, CEQA guidelines to not provide thresholds for analyzing impacts and defer to the local agency to do so.
In 2018, the Office of Planning and Research (OPR) published a Technical Advisory on Evaluating Transportation Impacts in CEQA (2018) which is intended to provide advice and recommendations for evaluating VMT, and offers screening thresholds that may be used to identify when land use projects, such as small-scale residential projects, should be expected to cause a less-than-significant impact without conducting a detailed traffic study.
On behalf of the Mendocino Council of Governments (MCOG), Fehr & Peers, prepared a Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study (Baseline Study; May, 2020) to provide an overview of SB 743, summarize VMT data available for Mendocino County, discuss alternatives for and recommend VMT measurement methods and thresholds for lead agencies in Mendocino County, and recommend transportation demand management (TDM) strategies for reducing VMT on projects in Mendocino County.
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The following local plans have historically addressed transportation within the City of Ukiah: 2017 Ukiah Bicycle and Pedestrian Master Plan, City of Ukiah Safe Routes to School Plan (2014), Mendocino County Rail Trail Plan (2012), Ukiah Downtown Streetscape Improvement Plan (2009), and the City of Ukiah General Plan (Circulation and Transportation Element amended in 2004).
MCOG’s Regional Transportation Plan (2017) and Section 5, Circulation and Transportation, of the Ukiah Valley Area Plan (2011) addresses transportation within the larger Ukiah Valley. The Baseline Study incorporated applicable goals and policies from each of these documents into the methodology and analysis when formulating its screening tools.
Environmental Setting: The City of Ukiah generally lies west of U.S. 101 between the U.S. 101/North State Street interchange, and the U.S. 101 / South State Street interchange. Three major interchanges along U.S. 101, Talmage Road, Gobbi Street, and Perkins Street (from south to north), provide access to southern and central Ukiah. The City of Ukiah is developed in a typical grid pattern with streets generally oriented north to south and east to west. Bicycle lanes are located throughout the City and public transit is provided by the Mendocino Transit Authority (MTA).
The Project site is currently accessed via two driveways with gates along South Orchard Avenue, a City-maintained two-lane road that is developed with sidewalks but no bike lanes in the Project area.
The nearest MTA bus stop is located in front of the library, approximately 570 ft west of the Project site in front of the Autumn Leaves senior apartments complex, located at 425 East Gobbi Street.
Discussion: (a-d) Less than significant impact. No change to the City’s circulation system, transit, bicycle, or pedestrian facilities is proposed as a part of the Project. Access, including emergency access, is currently provided through existing driveways and City streets and the Project does not propose any changes to existing facilities. Because the Project does not propose new development, the Project would also not result in an impact to existing traffic levels or patterns. Future development would be reviewed for traffic and transportation impacts on a project-level basis. As such, impacts association with traffic and transportation from the Project would be less than significant.
Mitigation Measures: None
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18. Tribal Cultural Resources
TRIBAL CULTURAL RESOURCES. Would the
project cause a substantial adverse change in the
significance of a tribal cultural resource, defined in
Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object
with cultural value to a California Native American
tribe, and that is:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code section 5020.1(k), or
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.
Significance Criteria: An impact to tribal cultural resources would be significant if the Project were to substantially reduce the significance of a tribal cultural resource, a listed or eligible historic resource, or a resource considered significant by a California Native American tribe. Tribal cultural resources include “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe” that are eligible for inclusion in the California Register of Historical Resources (California Register) or included in a local register of historical resources. Lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the Proposed Project.” The consultation process must be completed before a CEQA document can be certified.
Environmental Setting: As discussed in Section V.5, Cultural Resources, areas that are most typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches above watercourses because Native Americans and settlers favored easy access to potable water.
Tribes known to be present within the Ukiah area include (but are not limited to) the following:
• Coyote Valley Band of Pomo Indians
• Guidiville Indian Rancheria of Pomo Indians
• Hopland Band of Pomo Indians
• Pinoleville Pomo Nation
• Potter Valley Rancheria
• Redwood Valley Little River Band of Pomo Indians
• Sherwood Valley Rancheria of Pomo Indians
• Noyo River Indian Community
• Scotts Valley Band of Pomo Indians
• Yokayo Tribe, not federally recognized
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Discussion: (a-b) No impact. As described in Section V.5, Cultural Resources, of this Initial Study, the site is considered to have a “low potential” for cultural and archeological resources. Regardless, because the Project involves a general plan amendment a notification proving the opportunity for consultation in accordance with SB18 was sent to tribes within Mendocino County (as maintained by the Native American Heritage Commission), but no response requesting formal consultation was received. Based on the aforementioned, the Project would have no impact on cultural resources.
Mitigation Measures: None
19. Utilities and Service Systems
UTILITIES AND SERVICE SYSTEMS. Would the
project:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or storm water drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
c) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Significance Criteria: Impacts to utility and service systems would be significant if the Project resulted in the construction or expansion of utilities that could cause significant environmental effects; have insufficient water supplies available to the Project during normal to extremely dry years; resulted in inadequate capacity of the wastewater treatment plant; generated solid waste exceeding the capacity of local infrastructure or impairing the achievement of solid waste reduction goals; or failed to comply with any management and reduction statutes or regulations related to solid waste.
Environmental Setting: The majority of City properties are served by City water, sewer, electricity and trash collection as summarized below.
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Electric. The City of Ukiah’s Electric Utility Department provides electric services to properties within the City limits, while Pacific Gas & Electric (PG&E) provides services to properties outside of the City.
Water. There are five major providers of community water services in the Ukiah Valley. The City of Ukiah serves customers within the City, while Rogina Water Company and Millview, Calpella, and Willow County Water Districts serve the unincorporated areas. The City of Ukiah 2020 Urban Water Management Plan (UWMP) was adopted by City Council on June 2, 2021. The UWMP considers several growth scenarios including an additional 2,500 and 5,000 hookup scenarios and determined that there is capacity through the 2045 planning horizon to serve these growth projections.
Sewer and Wastewater. The Ukiah Valley Sanitation District (UVSD) and the City of Ukiah provide public sewer services to customers within their boundaries under the purview of the State Water Quality Control Board. The City’s sewage treatment plant and Waste Water Treatment Plant (WWTP), operational since 1958, serves the City of Ukiah and the Ukiah Valley Sanitation District.
Solid Waste. The Ukiah landfill, outside City limits on Vichy Springs Road, stopped receiving municipal solid waste in 2001 and the City is working on capping the landfill. Solid waste generated in the Ukiah Valley is exported for disposal to the Potrero Hills Landfill in Solano County. The Valley’s solid waste disposal system consists of a large volume transfer station, Ukiah Transfer Station, which receives waste for export.
Discussion: (a-e) No Impact. Vegetation along the permitter of the site is currently being watered via the existing irrigation system that is on-site from previous uses. The Project does not propose new development or alteration of the following: water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities. The Project would also not result in the production of solid waste. Future development would be analyzed on a project-level basis for impacts to utilities. As such, there would be no impact as a result of the Project to these utilities and services systems.
Mitigation Measures: None
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20. Wildfire
WILDFIRE. If located in or near state
responsibility areas or lands classified as very high
fire hazard severity zones, would the project:
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency
response planor emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
Significance Criteria: Impacts to wildfire would be significant if the Project were located in or near a State Responsibility Area (SRA) or lands classified as very high fire hazard severity zones and substantially impaired an emergency response plan; exposed Project occupants to wildfire pollutants or uncontrolled spread of wildfire due to site conditions such as slope and prevailing winds; require the installation or maintenance of infrastructure that could exacerbate fire risk; or expose people or structures to significant risks as a result of post-fire runoff, slope instability or drainage changes.
Environmental Setting: All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, some parcels within the western boundary of the City limits are designated as “Very High” fire severity within the Local Responsibility Area (LRA). The Project site is not located in an area identified as having a High or Very High fire severity risk.
As discussed in Section V.9, Hazards and Hazardous Materials, the County’s EOP plan and MJHMP address emergency operations, natural disasters (including wildfire), as well as mitigation strategies to reduce potential risks. The City of Ukiah adopted its “jurisdictional annex” chapter of the MJHMP on November 18, 2020. Hazards identified for the City of Ukiah include earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah.
Discussion: (a-b) Less than significant impact. The Project site is accessed via existing driveways and roads, and there are no components of the Project that would conflict with or impair the adopted MJHMP, EOP, or other adopted emergency response plan or emergency evaluation plan. As described in Section V.9, Hazards and Hazardous Materials, the Project site is not located within a High or Very High fire severity zone and is being maintained by the property owner to reduce fire risk.
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Because the Project site is developed with asphalt and gravel, and the Project does not propose new development, it would not expose people or structures to a new significant risk of loss, injury or death involving wildland fires. Future development would be reviewed by the Ukiah Valley Fire Authority for life safety concerns regarding wildfire. Impacts would be less than significant.
Discussion: (c-d) No impact. The Project would not require the installation or maintenance of infrastructure such as roads, fuel breaks, emergency water sources, power lines or other utilities that would exacerbate fire risk. In addition, the Project would not include earthwork in a sloped, undeveloped area or other components that could result in downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. No impact would occur.
Mitigation Measures: None.
21. Mandatory Findings of Significance
MANDATORY FINDINGS OF SIGNIFICANCE. Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Does the project have the potential to degrade
the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant or
animal or eliminate important examples of the
major periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Discussion: (a) No impact. As described throughout this Initial Study, the Project would have no impact on Biological Resources and Cultural/Tribal Cultural Resources because the site is previously disturbed, does not contain sensitive resources, and does not propose any development. As such, no impact would occur to the sensitive biological and cultural resources noted in this criterion.
Discussion: (b) Less than significant impact. Cumulative impacts are generally considered in analyses of air quality, biological resources, cultural resources, noise, and traffic. As discussed throughout the Initial Study, the Project would have less than significant impacts or no impact on these resources. A rezone is required because the site is no longer under City ownership and used for public
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purposes. While the Project would rezone the property from PF to C1, creating the potential for future commercial and residential development opportunities, no development is proposed at this time.
Future development could result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the exact intensity, location, size and timing of future development is unknown. However, all future development would be analyzed on a project level basis for consistency with land use policies and development standards, and would be subject to Building Permits for consistency with building and safety codes; additional environmental and discretionary review may also be required.
Based on the findings and conclusions contained in the Initial Study, the Project does not have the potential to impact any environmental resources. All impacts were found to have no impact or result in a less than significant impact as a result of the Project. Additionally, there are no known past projects nor current projects within the vicinity of the site that are similar in nature, with the potential to result in a cumulative impact. Based on the findings and conclusions contained in the Initial Study, cumulative impacts related to the Project would be less than significant.
Discussion: (c) Less than significant impact. Based on the findings and conclusions contained in the Initial Study, the Project would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Impacts would be less than significant.
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VI. REFERENCES
1. CalFire State Responsibility Area Viewer
http://www.fire.ca.gov/firepreventionfee/sraviewer_launch
2. CalFire, California Fire Hazard Severity Zone Map Web Viewer. http://egis.fire.ca.gov/FHSZ/
3. California Air Resources Board (CARB). California Releases Report Charting Path to 100 Percent Clean Electricity. https://ww2.arb.ca.gov/news/california-releases-reportcharting-path-100-percent-clean-electricity
4. California Department of Conservation. California Geological Survey. Earthquake Fault Map, Ukiah. Zones of Required Investigation.
https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a1684561a9 b0aadf88412fcf
5. California Department of Conservation. California Geological Survey. U.S. Landslide Inventory Web Application.
https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8c9 04b456c82669d
6. California Department of Conservation. Farmland Mapping & Monitoring Program, California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/
7. California Department of Conservation. California Geological Survey. Landslide Inventory (Beta). https://maps.conservation.ca.gov/cgs/lsi/
8. California Department of Finance. American Community Survey. http://www.dof.ca.gov/Reports/Demographic_Reports/American_Community_Survey
9. California Department of Fish and Wildlife. Bios Vegetation Mapping. https://apps.wildlife.ca.gov/bios/
10. California Department of Toxic Substance Control. EnviroStor database https://www.envirostor.dtsc.ca.gov/
11. California Department of Transportation California State Scenic Highway System map. https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000d fcc19983
12. California Governor’s Office of Planning and Research. Tribal Consultation Guidelines.
Supplement to General Plan Guidelines. November 14, 2005. http://nahc.ca.gov/wpcontent/uploads/2019/04/SB-18-Tribal-Consultation-Guidelines.pdf
13. City of Ukiah, 2021. Final Initial Study and Mitigated Negative Declaration for the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Project.
Approved by Ukiah City Council September 15, 2021. https://cityofukiah.com/ukiahwestern-hills-open-land-acquisition-limited-development-agreement-project/
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14. City of Ukiah General Plan. Last amended 2019. http://www.cityofukiah.com/documentsand-maps/
15. City of Ukiah Bicycle and Pedestrian Master Plan. Prepared by Alta Planning + Design, W-Trans and Walk Bike Mendocino. August 2015.
16. City of Ukiah Code. Last amended 2021. https://www.codepublishing.com/CA/Ukiah
17. City of Ukiah, 1999. City of Ukiah Architectural Survey Update, prepared by P.S.
Preservation Services.
18. City of Ukiah. Housing Element Update 2019-2027. Adopted October 23, 2019 and Certified by HCD December 5, 2019.http://www.cityofukiah.com/projects/housingelement-update/
19. Federal Highway Administration. 2006. Roadway Construction Noise Model (FHWAHEP-05-054). https://www.gsweventcenter.com/Draft_SEIR_References/2006_01_Roadway_Construc tion_Noise_Model_User_Guide_FHWA.pdf
20. Federal Transit Administration (FTA), 2018. Transit Noise and Vibration Impact Assessment Manual, September 2018. Available:
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/researchinnovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no0123_0.pdf
21. Fehr & Peers, on behalf of the Mendocino Council of Governments (MCOG), Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study. May 20, 2020. https://www.mendocinocog.org/vehicle-miles-traveled-vmt-regional-baseline-studycompleted
22. Mendocino Council of Governments (MCOG). 2017 Mendocino County Regional Transportation Plan. Prepared by Davey Bates Consulting. Adopted February 5, 2018. https://www.mendocinocog.org/files/742330750/2017+RTP+As+Adopted%28web+forma t%29.pdf
23. Mendocino County Air Quality Management District of the California North Coast Air Basin. Particulate Matter Attainment Plan. January 2005. https://www.co.mendocino.ca.us/aqmd/pm-attainment.html
24. Mendocino County Air Quality Management District website. http://www.co.mendocino.ca.us/aqmd/diesel-engine-information.html.
25. Mendocino County Airport Land Use Commission. Ukiah Municipal Land Use Compatibility Plan. Adopted by the Mendocino County Airport Land Use Commission on May 20, 2021 and adopted by the Ukiah City Council on June 16, 2021. http://www.cityofukiah.com/NewWeb/wp-content/uploads/2021/06/Ukiah-MunicipalAirport-Land-Use-Compatibility-Plan-2021.pdf
26. Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). Adopted December, 2020. Vol 2, Chapter 1, City of Ukiah Jurisdictional Annex, adopted by the City of Ukiah November 18, 2020.
27. Mendocino County Office of Education. Schools & Districts. https://www.mcoe.us/schools-districts/
28. Mendocino County Public GIS Portal https://gis.mendocinocounty.org/portal/home/
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29. State Water Resources Control Board. Geotracker.
https://geotracker.waterboards.ca.gov.
30. Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts In CEQA. December 2018. https://www.opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf
31. U.S. Department of Agriculture - Soil Conservation Service. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm
32. U.S. Department of Fish and Wildlife. Environmental Conservation Online System. https://ecos.fws.gov/ecp0/reports/species-listed-by-state-report?state=CA&status=listed
33. U.S. Geological Survey (USGS). Interactive Fault Map. https://www.usgs.gov/naturalhazards/earthquake-hazards/faults?qt-science_support_page_related_con=4#qtscience_support_page_related_con
34. U.S. Fish and Wildlife Service. Wetland Habitat Mapper. https://www.fws.gov/wetlands/data/mapper.html
35. Ukiah Valley Area Plan, adopted August 2, 2011.
https://www.mendocinocounty.org/government/planning-building-services/plans/ukiahvalley-area-plan
Findings
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
1 ATTACHMENT 4
DRAFT FINDINGS TO ADOPT AN
INITIAL STUDY & NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT AND REZONE OF 701 SOUTH ORCHARD AVENUE
FILE NO.: 22-6938
The Community Development Department’s recommendation for approval of Initial Study & Negative Declaration (SCH No. 2022060474), General Plan Amendment and Rezone of 701 South Orchard Avenue (APN 003-181-01) is based in part on the following findings, in accordance with UCC §9265 and CEQA Guidelines §15074.
1. The Project site is surrounded largely by commercial and residential uses. Other C1 zoned parcels (with Commercial General Plan designations) currently exist immediately west and north of the site. Future development of the site would require adherence to all C1 zoning regulations. In addition, almost all new development would require review by the City’s Design Review Board and Planning Commission approval of a Major Site Development Permit. As such, the proposed General Plan Amendment and Rezone would be consistent with the City’s General Plan and zoning code, and would be compatible with surrounding land uses.
2. In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division prepared a draft Initial Study and Negative Declaration (ISND) for the proposed Project. The Lead Agency (City) consulted with all responsible agencies and trustee agencies.
3. The Draft ISND (State Clearinghouse No. 2022060474) was circulated for public review from June 21, 2022, through July 25, 2022.
4. Based upon the analysis contained within the Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed herein. As such, a Negative Declaration was prepared for the Project and no mitigation measures are proposed or required.
5. Based on the findings and conclusions contained in the ISND, the proposed Project would not have environmental effects which would cause substantial adverse effects on humans, either directly or indirectly; and there is no substantial evidence in light of the whole record before the City of Ukiah (including the ISND and any comments received) that the Project would have a significant effect on the environment.
6. Based upon the analysis, findings, and conclusions contained in the ISND, the Project will not result in impacts that are individually limited, but cumulative considerable.
7. The Notice of Availability for the public review period, and the Notice of Intent to adopt the ISND and conduct a public hearing was provided in the following manner, in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines §15073:
Provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on June 21, 2022; posted on the City’s webpage on June 22, 2022; published in the Ukiah Daily Journal on June 24, 2022; posted
Findings
ISND, General Plan Amendment, and Rezone
701 Orchard Avenue
File No.: 22-6938
2 on the Project site on June 28, 2022; and posted at the Civic Center (glass case) 72 hours prior to the public hearing.
8. The ISND and record of proceedings of the decision on the Project are available for public review at the City of Ukiah Community Development Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA.
9. On July 27, 2022, the Planning Commission held a public meeting and reviewed the proposed ISND, General Plan Amendment and Rezone. The meeting was properly noticed in accordance with UCC §9265 and CEQA Guidelines §15073. The Planning Commission recommended that City Council approve the ISND, General Plan Amendment and Rezone.
10. On August 17, 2022, the City Council held a public hearing in accordance with UCC §9265 and CEQA Guidelines §15073 to receive public comment and consider the Planning Commission’s recommendation for approval of the ISND, General Plan Amendment and Rezone.
11. On August 17, 2022, the City Council adopted Resolution 22-XXXX, adopting the ISND, and approving the General Plan Amendment and Rezone.
Draft Conditions of Approval
ISND, GPA and RZ
701 Orchard Avenue
File No.: 22-6938
1 ATTACHMENT 5
DRAFT CONDITIONS OF APPROVAL FOR AN
INITIAL STUDY & NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT AND REZONE OF 701 SOUTH ORCHARD AVENUE
FILE NO.: 22-6938
The following Conditions of Approval shall be made a permanent part of the Project, and shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid.
Project Summary. The Project proposes to rezone the parcel from Public Facilities (PF), to Community Commercial (C1). The Project also requires a general plan amendment to change the land use designation from Public (P) to Commercial (C). No development is proposed at this time.
The Rezone and General Plan Amendment are required because the parcel is no longer owned by the City and used for public proposes.
The following Conditions of Approval apply to the Project.
City of Ukiah Special Conditions
1. Future development of the site shall be in conformance with all C1 zoning regulations, in addition to all applicable Building Code and life safety regulations. Additional discretionary and environmental review may be required.
2. The temporary use of the site for storage of construction materials and equipment associated with the Western Hills Open Land Acquisition and Limited Development Agreement Project shall comply with the stipulations and requirements outlined within the Director’s Determination, dated May 5, 2022, regardless of the approval of the General Plan Amendment and Rezone.
City of Ukiah Standard Conditions
3. City Council approval is not effective until the 10-day appeal period applicable to the project has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal.
1 ATTACHMENT 6
RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT AND REZONE OF 701 SOUTH ORCHARD AVENUE (APN 003-181-01). FILE NO.: 22-6938
WHEREAS:
1. In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division prepared a draft Initial Study and Negative Declaration (ISND) for the proposed Project. The Lead Agency (City) consulted with all responsible agencies and trustee agencies.
2. The Draft ISND (State Clearinghouse No. 2022060474) was circulated for public review from June 21, 2022, through July 25, 2022. No comments were received.
3. Based upon the analysis contained within the Initial Study, the Project would have a less than significant impact, or no impact on all resources discussed herein. As such, a Negative Declaration was prepared for the Project and no mitigation measures are proposed or required.
4. The Notice of Availability for the public review period, and the Notice of Intent to adopt the ISND and conduct a public hearing was provided in the following manner, in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines §15073: Provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on June 21, 2022; posted on the City’s webpage on June 22, 2022; published in the Ukiah Daily Journal on June 24, 2022; posted on the Project site on June 28, 2022; and posted at the Civic Center (glass case) 72 hours prior to the public hearing.
5. Based on the findings and conclusions contained in the ISND, the proposed Project would not have environmental effects which would cause substantial adverse effects on humans, either directly or indirectly; and there is no substantial evidence in light of the whole record before the City of Ukiah (including the ISND and any comments received) that the Project would have a significant effect on the environment; and
6. The ISND reflects the City’s independent judgment and analysis of the potential environmental effects of the Project.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council hereby adopts the Negative Declaration, which consists of the Initial Study/Negative Declaration, and the findings in support hereof, which have been completed in compliance with CEQA.