Ukiah City Council
March 15, 2023

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-91 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 CalRecycle, 2021. Potrero Hills Landfill (48-AA-0075). SWIS Facility Detail. Available online:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1194?siteID=3591.

Accessed October 26, 2021.

City of Ukiah, 2022.Ukiah 2040 General Plan Environmental Impact Report, Adopted December 7, 2022. Available at: https://ukiah2040.com/.

City of Ukiah, 2020. Official website: Waste Water Treatment Plant Operations. Available online: http://www.cityofukiah.com/waste-water-treatment-plant/. Accessed May 21, 2020.

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-92 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023

2.2.20 Wildfire
Issues (and Supporting Information Sources):

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XX. WILDFIRE — If located in or near state responsibility areas or lands classified as very high fire hazard
severity zones, would the project:
a) Substantially impair an adopted emergency response
plan or 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?
☐ ☐ ☐ ☒
Environmental Setting
The Project is located in Riverside Park in the Ukiah Valley along the Russian River. The Project Site is designated as a Local Responsibility Area (LRA) and is in an area that is “unzoned” according to CALFIRE Fire Hazard Severity Zone maps (CALFIRE, 2007). Surrounding land uses consist of agricultural, rural residential, and limited recreational uses and open space associated with the Russian River. The Project site has been severely degraded over time; therefore, much of the Project site consists of compacted, degraded soils, and piles of concrete debris and asphalt.

Riparian habitat exists adjacent to the Russian River. Fire protection services in the vicinity of the Project Site are provided by the Ukiah Valley Fire Authority. The Project Site is located in Battalion 3 of the Mendocino Unit of CAL FIRE (CAL FIRE, 2020). Ukiah has been identified as a community at risk for wildfires (CAL FIRE, 2020). The Project site itself is relatively flat and is located adjacent to the Russian River. The Project does not propose or include any housing or inhabitable or flammable structures. The Project would be located approximately 0.2 miles west of a SRA area zoned as a Moderate Fire Hazard Severity Zone and would be located 1.8 miles east of a SRA area zoned as a Very High Fire Hazard Severity Zone (CAL FIRE, 2007).

Impact Discussion
a) Less than Significant with Mitigation. As discussed in Section 2.2.9, Hazards and Hazardous Materials, although there are no specific evacuation routes discussed in either the Mendocino County Emergency Operations Plan or the Mendocino County MultiHazard Mitigation Plan (Mendocino County, 2016; 2020), Highway 101 is described in the Mendocino County Evacuation Plan as a primary evacuation route. The Project site is on East Gobbi Street, which connects to Gobbi Street linking through central Ukiah to US 101. The CAL FIRE Mendocino Unit Strategic Fire Plan contains goals and policies that relate to identifying and reducing wildland fire hazards in the region, promoting land

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-93 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 use planning processes that reduce wildland fire hazards, and developing the resources necessary to implement fire prevention strategies. The Project would not conflict with the implementation of any of these goals or objectives.

As described in Section 2.2.17, Transportation, as a means to mitigate and limit impacts associated with construction that could otherwise impair or obstruct emergency evacuation, a construction traffic management plan would be prepared. With implementation of measures specified in the construction traffic management plan and described in Mitigation Measure TRAF-1, the Project’s construction would not interfere, impede, or conflict with an emergency response or evacuation plan. With implementation of MM TRAF-1, the impact would be less than significant. Refer to Section 2.2.17, Transportation, for text of Mitigation Measure TRAF-1.
b) Less than Significant Impact. During Project construction, heavy equipment such as excavators, dozers, and dump trucks would be used. The presence and use of heavy equipment and vehicles would introduce a slight risk of ignition, as a spark from a piece of equipment or a vehicle could ignite surrounding vegetation and result in a fire.

However, due to the existing site conditions, and proximity to water which could be used in an emergency situation, the risk of a construction ignition resulting in a fire would be very low. Furthermore, as described in the Project Description, considering the limited duration of the construction period and the small size of the construction crew and equipment required, the increase in fire risk introduced by construction of the Project would be minimal and temporary. The Project involves a park and floodplain restoration with no inhabitable structures proposed as part of the Project. With respect to fire risk, operation of the site and surroundings would continue as under existing conditions.

Although the Project is located near lands susceptible to the spread of wildland fire, the physical characteristics of the Project site and proximity to water would decrease that risk. Thus, under operations, the Project would have no impact with regard to increased risk for the spread of wildland fire. Overall impacts associated with construction would be less than significant.
c) Less than Significant Impact. The Project includes the removal of existing debris, grading and recontouring, berm construction, installation of a boardwalk, observation platforms, and gravel paths, and soil restoration and landscaping. These components of the Project would not increase fire risk. The Project would not require the installation or maintenance of infrastructure which could exacerbate fire risk or result in ongoing impacts to the environment. Impacts, primarily related to construction (as discussed in question b), would be limited in duration and less than significant. d) No Impact. The Project site is relatively level and there are no residences located immediately downslope or downstream of the Project site. The closest residence is located just over 500 feet north of the Project Site. As described under question b), the Project’s construction would result in a minimal increase in wildfire risk. The Project would be designed, constructed, and maintained such that slope instability would not occur. Therefore, there would be no impact.

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-94 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Mitigation Measures
Implement Mitigation Measure TRAF-1. See Section 2.2.17, Transportation, for text of measure.

References
California Department of Forestry and Fire Protection (CAL FIRE), 2007. Very High Fire Hazard Severity Zones in Local Responsibility Areas, Ukiah, California. September 17, 2017 Available online: https://osfm.fire.ca.gov/media/5862/ukiah.pdf. accessed May 1, 2021 CAL FIRE, 2020. CAL FIRE Mendocino Unit Strategic Fire Plan. May 8, 2020. Available online:
https://osfm.fire.ca.gov/media/5tnhwo20/2020-meu-fire-plan.pdf Accessed: May 1, 2021.

Mendocino County, 2016. Mendocino County Operational Area, Emergency Operation Plan.

September 2016. Accessible online: https://www.mendocinocounty.org/home/ showpublisheddocument/8211/636329380557000000.

Mendocino County, 2020. 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; submitted to CalOES January 25, 2021. Available online: http://mitigatehazards.com/mendocino-county/final-mjhmp/#.

Accessed January 27, 2022.

Mendocino Council of Governments (MCOG), 2020. Mendocino County Evacuation Plan, An Annex to the Mendocino Emergency Operations Plan, August 2020. Available online:
https://www.mendocinocog.org/files/c99a8053f/EvacuationPlan.pdf. Accessed January 27, 2022.

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-95 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023

2.2.21 Mandatory Findings of Significance
Issues (and Supporting Information Sources):

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XXI. MANDATORY FINDINGS OF SIGNIFICANCE —
a) Does the project have the potential to substantially 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?
☐ ☒ ☐ ☐
Impact Discussion
a) Less than Significant with Mitigation. Once constructed, the proposed Project has the potential to improve the quality of the environment as the project would remove potentially hazardous debris and enhance wetlands within Riverside Park. However, the analysis presented in this Initial Study has identified potentially significant impacts to Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Transportation, and Wildfire, attributable to the Project’s construction. To reduce impacts associated with these resource areas, mitigation measures have been proposed and will be included in the Project’s Mitigation Monitoring Plan (see Chapter 3) upon adoption of this Mitigated Negative Declaration and Project approval. As required by CEQA, these mitigation measures are required to be implemented as directed herein. With implementation of the prescribed mitigation measures, the Project does not have the potential to degrade the quality of the environment, including fish and wildlife species and their habitat, plant or animal communities, or otherwise eliminate examples of major periods of California history or prehistory. With implementation of mitigation, the impacts identified in this Initial Study would be reduced to less than significant levels. b) Less than Significant with Mitigation. A consideration of past, present, and recently foreseeable future projects in Ukiah indicates that the proposed Project would have a less than significant cumulative impact. Given the type, size, and location of the proposed Project relative to other projects proposed in Ukiah, this analysis of potential cumulative impacts is focused on the eastern portion of the City and surrounding unincorporated communities in Southern Mendocino County, proximal to the Russian River.

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-96 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 The City is undertaking municipal development such as current and future housing, municipal infrastructure projects, roadway improvements, and other construction, which has the potential to overlap with construction of the Project.

As described in the various resource sections of this document, the Project would either have no impacts or temporary and less than significant impacts (not requiring mitigation measures) for the following resource categories: Aesthetics, Agriculture, Energy, Land Use, Mineral Resources, Population and Housing, Public Services, Noise, Recreation, and Utilities. The Project would not contribute cumulatively considerable impacts for these resources.

The Project could have potentially significant impacts with respect to Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Transportation and Wildfire. However, such impacts would be generally limited to the immediate vicinity of the site and, where necessary, mitigated such that impacts would not substantially combine with other off-site impacts of other projects. Moreover, other projects would also be required to comply with regulatory requirements to reduce effects from these projects. With implementation of mitigation measures and the associated compliance with applicable regulations, the effects from other projects would be reduced and would not be cumulatively considerable when combined with the effects of the Project (also subject to these regulations). Therefore, the impacts would not be cumulatively significant.
c) Less than Significant with Mitigation. Potentially significant impacts on human beings (that could occur either directly or indirectly) are identified in this IS/MND. These are primarily associated with construction of the proposed Project generating potentially significant impacts to Air Quality (Section 2.2.3), Hazards and Hazardous Materials (Section 2.2.9), and Transportation (Section 2.2.17). In each of these sections of the MND mitigation is provided to reduce impacts to less-than-significant levels.

Implementation of the mitigation measures identified in this document, along with the necessary compliance with federal, state, and local agency statutes and regulations, potential impacts to human beings would be reduced to less than significant levels.

Mitigation Measures
The following mitigation measures would be implemented to ensure that the Project would not have a cumulative effect on the environment when considered together with other projects. The full text of these measures is provided in the respective resource sections of this Initial Study.

Mitigation Measure AQ-1: Fugitive Dust Reduction Measures Mitigation Measure AQ-2: Best Management Practices
Mitigation Measure BIO-1: Worker Education and Awareness Mitigation Measure BIO-2: Biological Monitoring
Mitigation Measure BIO-3: Pre-construction Nest Surveys

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-97 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Mitigation Measure BIO-4: Bat-safe Tree Work
Mitigation Measure BIO-5: Riparian and Wetland Avoidance Mitigation Measure CUL-1 and CUL-2: Measures for Inadvertent Discovery Mitigation Measure HAZ-1: Health and Safety Plan
Mitigation Measure HAZ-2: Soil and Groundwater Management Plan Mitigation Measure TRAF-1: Construction Traffic Management Plan

2. Environmental Checklist
Ukiah Riverside Park Regeneration Project 2-98 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 This page intentionally left blank

Ukiah Riverside Park Regeneration Project 3-1 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 CHAPTER 3
Mitigation Measures and Mitigation Monitoring
and Reporting Program
This section summarizes the mitigation measures that would be integrated into the Project to reduce the potentially significant impacts to a less-than-significant level. Also provided is a Mitigation Monitoring and Reporting Program (MMRP) organized in a tabular format, keyed to each mitigation measure incorporated into the project. The tables following each measure provide a breakdown of how the mitigation measure would be implemented, who would be responsible, and when it would occur. The tables consist of four column headings which are defined as follows:
• Implementation Procedure: If needed, this column provides additional information on how the mitigation measures would be implemented.
• Monitoring and Reporting Actions: This column contains an outline of the appropriate steps to verify compliance with the mitigation measure. • Oversight Responsibility: This column contains an assignment of responsibility for the monitoring and reporting tasks.
• Monitoring Schedule: The general schedule for conducting each monitoring and reporting task, identifying where appropriate both the timing and the frequency of the action.

3.1 Air Quality
Mitigation Measure AQ-1: Fugitive Dust Reduction Measures. The Project would implement the precautions and mitigation measures required by Rule 1-430 including (MCAQMD, 2011):
• Reasonable precautions shall be taken to prevent particulate matter from becoming airborne, including, but not limited to, the following provisions:
– Covering open bodied trucks when used for transporting materials likely to give rise to airborne dust.
– Installation and use of hoods, fans, and fabric filters, to enclose and vent the handling of dusty materials.
– The screening of all open-outdoor sandblasting and similar operations; – The use of water or chemicals for the control of dust during the demolition of existing buildings or structures.

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-2 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 • The following airborne dust control measures shall be required during all construction operations, the grading of roads, or the clearing of land:
– All visibly dry disturbed soil and road surfaces shall be watered to minimize fugitive dust emissions.
– All unpaved areas shall have a posted speed limit of 10 mph. – Earth or other material tracked onto neighboring paved roads shall be removed promptly. – Approved chemical soil stabilizers shall be applied to exposed earth surfaces in active construction areas and exposed stock piles (i.e. sand, gravel, dirt). – Dust generating activities shall be limited during periods of high winds (over 15 mph). – Access of unauthorized vehicles onto the construction site during non-working hours shall be prevented.
– A daily log shall be kept of fugitive dust control activities.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah shall
include dust control
requirements in
construction specifications.

1. City of Ukiah to review
construction
specifications.

1. City of Ukiah 1. Prior to construction.

2. Measures to be
implemented by
construction contractor.

2. Selected contractor to
document that measures
are implemented.

2. City of Ukiah Parks
Department.

2. Implement measures
during construction.

Mitigation Measure AQ-2: Best Management Practices. The Project shall implement the Bay Area Air Quality Management District Best Management Practices as recommended by the MCAQMD’s Adopted Air Quality CEQA Thresholds of Significance and District Interim CEQA Criteria and GHG Pollutant Thresholds (MCAQMD, 2010; MCAQMD, 2013). The District Interim CEQA Criteria and GHG Pollutant Thresholds indicates that the agencies should use the Bay Area CEQA thresholds for projects in Mendocino County. Therefore, the Project shall implement the following Best Management Practices (BAAQMD, 2017):
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-3 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxic control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturers specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. The person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City shall include
BAAQMD basic control
BMP requirements in
construction specifications.

1. City of Ukiah to review
construction
specifications.

1. City of Ukiah 1. Prior to construction.

2. Measures to be
implemented by the selected
construction contractor.

2. Selected contractor to
document that measures
are implemented.

2. City of Ukiah Parks
Department.

2. Implement measures
during construction.

3.2 Biological Resources
Mitigation Measure BIO-1: Worker Education and Awareness. A worker education and awareness program (WEAP) about western pond turtle and foothill yellow-legged frog shall be provided to all on-site personnel by a qualified biologist before the commencement of materials staging or ground-disturbing activities. Though no significant impacts on foothill yellow-legged frog are anticipated, the WEAP shall include information on this species in the unlikely event they should occur in the work area. The biologist shall explain to construction workers how best to avoid impacts and should include topics on species identification, life history, descriptions, and habitat requirements during various life stages. The crew members shall sign a sign-in sheet documenting that they received the training.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City shall include WEAP
training requirements in
construction specifications
and assign a qualified
biologist to conduct the
training.

1. City of Ukiah to review
construction specifications
and formalize the
assignment.

1. City of Ukiah 1. Prior to construction.

2. Measures to be
implemented by the selected
construction contractor.

2. Selected contractor to
document that training is
implemented through crew
sign-in sheets.

2. City of Ukiah Parks
Department.

2. Training to take place
prior to construction.

New personnel shall
also receive WEAP
training prior to working
on site.

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-4 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Mitigation Measure BIO-2: Biological Monitoring. All vegetation removal and initial grading activities associated with construction activities should be conducted under the supervision of a qualified biologist. Should any western pond turtles be detected in the vicinity of the project footprint, the biological monitor would relocate any western pond turtles found within the construction footprint to safe, suitable habitat away from the construction zone. Any relocation activities would be reported to CDFW within 7 days.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City assigns a
qualified biologist to
monitor the site during
vegetation removal and
grading.

1. City of Ukiah to review
construction
specifications.

1. City of Ukiah 1. Prior to construction.

2. The qualified biologist shall
relocate western pond
turtles and report activities
to CDFW as described in
mitigation.

2. Selected contractor to
document that measures
are implemented.

2. City of Ukiah Parks
Department.

2. Implement measures
during construction.

Mitigation Measure BIO-3: Pre-construction Nest Surveys. Nesting birds and their nests shall be protected during construction by use of the following measures:
1) Removal of riparian vegetation and trimming of trees shall occur outside the bird nesting season (February 1 to August 30), to the extent feasible. If removal of riparian vegetation and trimming or removal of trees during bird nesting season cannot be fully avoided, a qualified wildlife biologist shall conduct pre-construction nesting surveys within 7 days prior to the start of such activities or after any construction breaks of 14 days or more. Surveys shall be performed for the Project site and suitable habitat within 250 feet of the Project site in order to locate any active passerine (perching bird) nests and within 0.5 mile of the Project site to locate any active raptor (bird of prey) nests.
a) If active nests are located during the pre-construction bird nesting surveys, the wildlife biologist shall evaluate whether the schedule of construction activities could affect the active nests and the following measures shall be implemented based on their determination.
b) If construction may affect the active nest, the biologist shall establish a no-disturbance buffer. Typically, these buffer distances are between 25 feet and 250 feet for passerines and between 300 feet and 500 feet for raptors. These distances may be adjusted depending on the level of surrounding ambient activity or if an obstruction, such as a large tree, is within line-of-sight between the nest and construction. The buffer shall be maintained until young birds are fledged and independent of the nest. 2) For bird species that are sensitive species (i.e., fully protected, endangered, threatened, or species of special concern), a City representative, supported by the wildlife biologist, shall consult with the USFWS and/or CDFW regarding modifying nest buffers, prohibiting construction within the buffer, modifying construction, or other activities impacting nesting birds.

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-5 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah or
designated contractor to
assign a qualified biologist
to conduct preconstruction
nest surveys.

1. City of Ukiah to review
construction specifications
to ensure the inclusion of
pre-construction surveys
and nest protection
measures in construction
specifications.

1. City of Ukiah to
formalize assignment.

1. Prior to and during
construction.

2. Bird and nest protection
measures to be
implemented by the selected
construction contractor.

2. Selected contractor to
document that measures
are implemented.

2. City of Ukiah Parks
Department.

2. Implement measures
during construction.

Mitigation Measure BIO-4: Bat-safe Tree Work. A qualified biologist shall conduct a preconstruction survey for special-status bats in advance of tree trimming to characterize potential bat habitat and identify active roost sites. Should potential roosting habitat or active bat roosts be found in trees to be disturbed, the following measures shall be implemented:
1) Trimming of trees shall occur when bats are active, approximately between the periods of March 1 to April 15 and August 15 to October 15; outside of bat maternity roosting season (approximately April 15 to August 15) and outside of months of winter torpor (approximately October 15 to February 28), to the extent feasible.
2) If trimming of trees during the periods when bats are active is not feasible and bat roosts being used for maternity or hibernation purposes are found on or in the immediate vicinity of the Project site where these activities are planned, a no-disturbance buffer as determined by a qualified biologist shall be established around these roost sites until they are determined to be no longer in-use as maternity or hibernation roosts.
a. The qualified biologist shall be present during tree trimming if bat roosting habitat is present. Trees with roosts shall be disturbed only when no rain is occurring or is forecast to occur within the next 3 days and when daytime temperatures are at least 50°F. 3) Trimming of trees containing or suspected to contain roost sites shall be done under supervision of the qualified biologist. Branches and limbs not containing cavities or fissures in which bats could roost shall be cut only using small tools such as chainsaws or hand saws.

Branches or limbs containing roost sites shall be trimmed the following day, under the supervision of the qualified biologist, also using chainsaws.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City shall include
mitigation in construction
specifications.

1. City of Ukiah to review
construction
specifications.

1. City of Ukiah 1. Prior to construction.

2. Measures to be
implemented by the selected
construction contractor.

2. Selected contractor to
document that measures
are implemented.

2. City of Ukiah Parks
Department.

2. Implement measures
during construction.

Mitigation Measure BIO-5: Riparian and Wetland Avoidance. Sensitive vegetation communities shall be avoided during construction. High visibility and silt fencing shall be erected at the edge of the construction footprint for all work anticipated to occur within 50 feet of

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-6 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 seasonal wetland and riparian woodland. In addition, tree protection fencing shall be placed around all trees proposed to be preserved onsite within the construction area. The fencing shall be installed 1 foot beyond the driplines of the protected trees and be maintained until construction has been completed. A qualified biological monitor shall be present during the fence installation and during any initial grading or vegetation clearing activities within 50 feet of seasonal wetlands and riparian woodland that are proposed for avoidance, to verify fences are in place and vegetation clearing is limited to the area necessary for construction.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City shall include
mitigation for avoidance of
sensitive vegetation (as
described) into
construction specifications

1. City of Ukiah to review
construction
specifications to ensure
inclusion of mitigation.

1. The City of Ukiah 1. Prior to construction

2. Measures for avoidance of
sensitive vegetation to be
implemented (as described
in mitigation).

2. The selected
construction contractor to
implement measures.

2. The City of Ukiah
Parks Department

2. Tree and vegetation
protection measures to
be maintained through
the completion of
construction.

3.3 Cultural and Tribal Cultural Resources
Mitigation Measure CUL-1: If prehistoric or historic-period cultural materials are encountered during project implementation, all construction activities within 100 feet shall halt, and a qualified archaeologist, defined as an archaeologist meeting the U.S. Secretary of the Interior’s Professional Qualification Standards for Archeology, shall inspect the find within 24 hours of discovery and notify the City of Ukiah of their initial assessment. Prehistoric cultural materials might include obsidian and chert flaked-stone tools (e.g. projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g. mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-period cultural materials might include building or structure footings and walls, and deposits of metal, glass, and/or ceramic refuse.

If the City of Ukiah determines, based on recommendations from a qualified archaeologist and a Native American representative (if the resource is indigenous), that the resource may qualify as a historic property (meeting the National Register listing criteria at 36 CFR 60.4), a historical resource or unique archaeological resource (as defined in CEQA Guidelines Section 15064.5), or a tribal cultural resource (as defined in PRC Section 21080.3), the resource shall be avoided if feasible. If avoidance is not feasible, the City of Ukiah shall consult with appropriate Native American representative (if the resource is indigenous), and other appropriate interested parties to determine treatment measures to avoid, minimize, or mitigate any potential impacts to the resource. This shall include documentation of the resource and may include data recovery (according to PRC Section 21083.2), if deemed appropriate, or other actions such as treating the resource with culturally appropriate dignity and protecting the cultural character and integrity of the resource (according to PRC Section 21084.3).

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-7 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah to include
mitigation as described into
construction specifications
to ensure procedures for
discovery of prehistoric or
historic period cultural
materials are implemented.

1. The City of Ukiah to
review construction
specifications.

1. The City of Ukiah [ 1. During all phases of
project construction.

2. In the event that cultural
materials are encountered
during construction, halt
construction within 100 feet
of the find and notify a
Secretary of the Interiorqualified archaeologist.

2. Contractor immediately
notifies the City of Ukiah
Parks Dept. of the
discovery. In consultation
with the City, the
designated contractor to
coordinate inspection of
the find (by a qualified
archaeologist) within
24-hours of discovery.

2. The City of Ukiah 2. During ground
disturbing construction
activities.

3. Measure to be implemented
as described.

3. The City to determine
based on archaeologist
and tribal representative’s
recommendations (if
applicable) the resource
shall be documented and
avoided.

3. The City of Ukiah 3. During all phases of
ground disturbing
construction activities.

Mitigation Measure CUL-2: In the event of discovery of any human remains during project activities, such activities within 100 feet of the find shall cease until the Mendocino County Coroner has been contacted to determine that no investigation of the cause of death is required.

The Native American Heritage Commission will be contacted within 24 hours if the County Coroner determines that the remains are Native American. The Commission will then identify the person or persons it believes to be the most likely descendant from the deceased Native American, who in turn shall be contacted and requested to make recommendations to the City of Ukiah for the appropriate means of treating the human remains and any grave goods. The City of Ukiah shall follow the recommendations of the most likely descendant.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah to include
mitigation as described into
construction specifications
to ensure procedures for
discovery of human
remains are implemented.

1. The City of Ukiah to review
construction specifications.

1. City of Ukiah 1. Prior to construction

2. In the event that human
remains are encountered
during construction, halt
construction within 100 feet
of the find and notify the
County coroner and the City.

2. The City of Ukiah and its
designated contractor shall
follow the
recommendations of the
coroner and NAHC (as
applicable).

2. City of Ukiah and its
designated
construction
contractor.

2. During ground
disturbing construction
activities.

3. Measure to be implemented
as described.

3. The City and it’s designated
contractor to follow the
recommendations, as
applicable.

3. The City of Ukiah 3. During all phases of
ground disturbing
construction activities.

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-8 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023

3.4 Hazards and Hazardous Materials
Mitigation Measure HAZ-1: Health and Safety Plan. The City of Ukiah or its contractor shall retain a qualified environmental professional to prepare a site-specific Health and Safety Plan (HASP) in accordance with federal OSHA regulations (29 CFR 1910.120) and Cal/OSHA regulations (8 CCR Title 8, Section 5192). Because anticipated contaminants vary depending upon the location of proposed improvements in the Project area and may vary over time, the HASP shall address site-specific worker health and safety issues during construction. The HASP shall be submitted to the City’s Community Development Director, Mendocino County Department of Environmental Health (MCDEH), and/or appropriate CUPA personnel for approval. The HASP shall include the following information.

1. Results of the soil sampling conducted in March and May of 2022.

2. All required measures to protect construction workers and the general public by including engineering controls, monitoring, and security measures to prevent unauthorized entry to the construction areas and to reduce hazards outside of the construction areas. If prescribed contaminant exposure levels are exceeded, personal protective equipment shall be required for workers in accordance with state and federal regulations.

3. Required worker health and safety provisions for all workers potentially exposed to contaminated materials, in accordance with state and federal worker safety regulations, and designated qualified individual personnel responsible for implementation of the HASP.

4. The contractor shall have a site health and safety supervisor fully trained pursuant to hazardous materials regulations be present during excavation, trenching, or cut and fill operations to monitor for evidence of potential soil contamination, including soil staining, noxious odors, debris or buried storage containers. The site health and safety supervisor must be capable of evaluating whether hazardous materials encountered constitute an incidental release of a hazardous substance or an emergency spill. The site health and safety supervisor shall implement procedures to be followed in the event of an unanticipated hazardous materials release that may impact health and safety. These procedures shall be in accordance with hazardous waste operations and regulations and specifically include, but are not limited to:
a) immediately stopping work in the vicinity of the unknown hazardous materials release; b) notifying City of Ukiah, MCDEH, RWQCB, and/or DTSC; and c) retaining a qualified environmental firm to perform sampling, remediation, and/or disposal.

5. Documentation that HASP measures have been implemented during construction.

6. Provision that submittal of the HASP, or any review of the contractor’s HASP, shall not be construed as approval of the adequacy of the contractor as a health and safety professional, the contractor’s HASP, or any safety measure taken in or near the construction site. The contractor shall be solely and fully responsible for compliance with all laws, rules, and regulations applicable to health and safety during the performance of the construction work.

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-9 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah (or its
designated contractor) to
retain a qualified
professional to prepare a
health and safety plan
(HASP) to ensure
procedures for health and
safety are in place.

1. The City of Ukiah shall
review the HASP prior to
construction.

1. The City of Ukiah,
MCDEH.

1. Prior to construction

2. Measures to be
implemented as described
in mitigation and HASP.

2. Designated contractor
shall document
compliance.

2. City of Ukiah 2. During all phases of
construction.

Mitigation Measure HAZ-2: Soil and Groundwater Management Plan. The City of Ukiah shall require the construction contractor to prepare and implement a Soil and Groundwater Management Plan prior to construction that specifies the method for handling and disposal of the contaminated soil identified in the March and May 2022 sampling events, and newly discovered contaminated soil and groundwater encountered during construction, as applicable.

The Soil and Groundwater Management Plan shall include all necessary procedures to ensure that excavated materials and fluids generated during construction are stored, managed, and disposed of in a manner that is protective of human health and in accordance with applicable laws and regulations. The Soil and Groundwater Management Plan shall be submitted to the City’s Community Development Director, Mendocino County Environmental Health Department, and/or appropriate CUPA personnel for approval. The Plan shall include the following information.

1. Step-by-step procedures for evaluation, handling, stockpiling, storage, testing, and disposal of excavated material, including criteria for reuse and offsite disposal. All excavated materials shall be inspected prior to initial stockpiling, and spoils that are visibly stained and/or have a noticeable odor shall be stockpiled separately to minimize the amount of material that may require special handling. In addition, excavated materials shall be inspected for buried building materials, debris, and evidence of underground storage tanks; if identified, these materials shall be stockpiled separately and characterized in accordance with landfill disposal requirements. If some of the spoils do not meet the reuse criteria and/or debris is identified, these materials shall be disposed of at an appropriately permitted landfill facility.

2. Procedures to be implemented if unknown subsurface conditions or contamination are encountered, such as previously unreported tanks, wells, or contaminated soils.

3. Procedures for containment, handling and disposal of groundwater generated from construction dewatering, the method to be used to analyze groundwater for hazardous materials likely to be encountered and the appropriate treatment and/or disposal methods.

Implement Mitigation Measure TRAF-1: Construction Traffic Management Plan (as described in Section 3.6).

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-10 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah (or its
designated contractor) to
retain a qualified professional
to prepare a soil and
groundwater management
plan to ensure procedures for
hazardous materials
containment, handling, and
disposal are in place.

1. The City of Ukiah shall
review the Plan prior to
construction. The Plan
shall be submitted to the
Mendocino County
Environmental Health
Department or
appropriate CUPA
personnel for approval.

1. The City of Ukiah and
Mendocino County
Department of
Environmental Health.

1. Prior to construction

2. Measures to be implemented
as described in mitigation and
soil and groundwater
management plan.

2. Designated contractor
shall document
compliance with plan
procedures. .

2. City of Ukiah 2. During all phases of
construction.

3.5 Hydrology and Water Quality
Mitigation Measure HYD-1: SWPPP and Erosion and Sediment Control Plan. The City of Ukiah or its designated contractor shall retain a qualified environmental professional to prepare a Stormwater Pollution Prevention Plan (SWPPP) and an erosion and sediment control plan prior to construction of the Project. The SWPPP and erosion and sediment control plan shall stipulate specific measures or best management practices (BMPs) to reduce site runoff and control or otherwise limit erosion and siltation associated with project construction. Implementation of BMPs would ensure that the effects on water quality would remain at less-than-significant levels.

Such measures shall include, but not be limited to, the following:
• Prior to construction all wetland and riparian avoidance areas, storm drains, drainage swales, and creeks located near the construction site shall be marked or flagged as avoidance areas.

Pre-construction training shall be provided to make sure construction contractors and subcontractors are aware of their responsibilities regarding stormwater requirements to prevent pollutants from entering storm drains or surface waters. • Conduct earthwork during the dry season (generally June 1–October 30). • To the extent possible, stage construction equipment and materials in previously disturbed areas.
• Minimize ground and vegetation disturbance during project construction by establishing designated equipment staging areas, ingress and egress corridors, spoils disposal and soil stockpile areas, and equipment exclusion zones prior to the commencement of any grading operations. In order to minimize the mobilization of contaminants. • Stockpile soil only at the designated staging and stockpile area and install sediment barriers (e.g., silt fences, fiber rolls, and straw bales) around the base of stockpiles to intercept runoff and sediment during storm events. Cover stockpiles daily with tarps or geotextile fabric to provide further protection against wind and water erosion. • All construction wastes, debris, sediment, rubbish, trash, etc., shall be removed from the project site daily during construction, and thoroughly at completion of the project. Debris shall be transported to an authorized upland disposal area. Wastes shall be disposed of properly; remove litter from the site daily; materials that cannot be reused or recycled must be

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-11 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 taken to an appropriate landfill; dispose of hon hazardous construction wastes in covered dumpsters or recycling receptacles; recycle materials whenever possible. • Fuel, maintain, and clean vehicles at a minimum of 175 feet distance from any riparian habitat or water body and adhere to a spill response plan. All workers shall be informed of the importance of preventing spills and of the appropriate measures to follow should a spill occur. Training materials for spill prevention and response measures shall be prepared in adherence with state and federal regulations.
• Locate portable toilets (if utilized during construction) a minimum of 25 feet away from drain inlets, water courses and traffic circulation; portable toilets shall be secured to prevent overturning; regular service shall be provided.
• Water utilized for dust control shall not be allowed to result in conditions of runoff. Care shall be taken to not overwater causing sediment-laden runoff. Earthwork operations shall cease when wind speeds exceed 20 mph for one hour or more. • Regular spot checks shall occur during construction to ensure that erosion control measures and BMPs are functional and regularly maintained.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah (or its
designated contractor) to
retain a qualified
professional to prepare a
stormwater pollution
prevention plan (SWPPP)
and an Erosion and
Sediment Control Plan to
ensure procedures for
protection of water are in
place.

1. The City of Ukiah shall
review the Plan prior to
construction.

1. The City of Ukiah 1. Prior to construction

2. Measures to be
implemented as described
in mitigation and SWPPP
and Erosion and Sediment
Control Plan.

2. Designated contractor
shall document
compliance with SWPPP
and Erosion and
Sediment Control Plan
measures.

2. City of Ukiah 2. During all phases of
construction and post
construction as
applicable to the
SWPPP and/or City
requirements.

3.6 Transportation
Mitigation Measure TRAF-1: Construction Traffic Management Plan. Prior to the issuance of construction or building permits and the issuance of decommissioning authorizations, the City and/or its construction contractor shall prepare and submit a Traffic Management Plan to the Ukiah Public Works Department and the California Department of Transportation, District 1, as appropriate, for approval. The Traffic Management Plan shall be prepared in accordance with both the California Department of Transportation Manual on Uniform Traffic Control Devices and Work Area Traffic Control Handbook and shall include, but not be limited to, the following elements:

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-12 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 • Temporary Traffic Control plan that addresses traffic safety and control through the work zone, including during temporary lane closures (if needed) to accommodate materials delivery, debris off hauling, or any other major project-related traffic; • Identify the anticipated timing of deliveries of heavy equipment and building materials and debris off-haul activities;
• Requirement for designated construction staff to be assigned as flaggers to direct traffic into and/or through temporary traffic control zones, as needed; • Requirement to place temporary signage, lighting, and traffic control devices if required, including, but not limited to, appropriate signage along access routes to indicate the presence of heavy vehicles and construction traffic;
• Ensure access for emergency vehicles to and from the Project site; • Access to adjacent properties shall be maintained;
• Specify construction-related vehicle travel and oversize load haul routes, minimizing construction traffic during the a.m. and p.m. peak hours and avoiding residential neighborhoods to the maximum extent feasible;
• Requirement to obtain all necessary permits for the work within the road right of way or use of oversized/overweight vehicles that would utilize City or County-maintained roads, which may require California Highway Patrol or a pilot car escort, if applicable. Copies of the approved traffic plan and issued permits shall be submitted to the Ukiah Public Works Department.

Implementation
Procedure
Monitoring and
Reporting Actions
Oversight
Responsibility
Monitoring
Schedule

1. The City of Ukiah (or its
designated contractor) to
prepare a traffic
management plan to
ensure procedures for
traffic management are in
place.

1. The City of Ukiah shall
include the traffic
management plan
(mitigation) requirement
in construction
specifications and review
the traffic management
plan prior to construction.

1. The City of Ukiah 1. Prior to construction

2. Measures to be
implemented as described
in mitigation and plan.

2. Designated contractor
shall document
compliance.

2. City of Ukiah 2. During all phases of
construction.

3.7 Wildfire
Implement Mitigation Measure TRAF-1: Construction Traffic Management Plan (as described in Section 3.6).
_________________________

3. Mitigation Measures and Mitigation Monitoring and Reporting Program Ukiah Riverside Park Regeneration Project 3-13 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023

3.8 References
Bay Area Air Quality Management District (BAAQMD), 2017. California Environmental Quality Act Air Quality Guidelines. May 2017. Available at https://www.baaqmd.gov/~/ media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en.

Accessed November 2021.

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Ukiah Riverside Park Regeneration Project A-1 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Appendix A
Air Quality Emissions
Technical Appendix

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Ukiah Riverside Park - CalEEMod Assumptions

PROJECT CHARACTERISTICS
Location Mendocino - Inland County
Climate Zone 1
Land Use Setting Rural
Start of Construction 23-Dec-21
Operational Year 2023
Utility Company PG&E
CO2 intensity 2.68 PG&E GHG emission factor based on https://www.pgecorp.com/corp_responsibility/reports/2021/assets/PGE_CRSR_2021.pdf

LAND USE
Land Use Land Use Subtype Unit Amt Size Metric Lot Ac SF Recreational Park 8.6 ac 8.6 374,616

CONSTRUCTION
Construction Phasing
Construction Phase Start Date End Date Days/wk Total Days Site Preparation 12/23/2021 12/31/2021 5 7
Grading 1/1/2022 2/28/2021 5 42
Construction 3/1/2021 3/31/2021 5 60
Site Preparation 4/1/2021 4/30/2022 5 21
130
Offroad Equipment
Equipment Type Unit Amt Hours/Day HP LF
Bulldozer 1 9
Dump Truck 1 9
Excavator 2 9
Mini Excavator 2 9
Dust from Material Movement
Phase Material Import (cy) Material Export (cy) Size Metric Acres Graded Notes Site Prep 0 1002 CY default Import: 2260 CY debris removal, 1002 CY cleared vegetation removal Grading 1230 2260 CY default Export: 1140 CY clay soil, 90 CY decomposed granite Site Restoration 0 0 CY default
Demo
Size Metric Unit Amt
Bldg sf/Tons of Debris 0 sf
Trips & VMT
Phase Name # of worker trips/day # vendor trips/day
# haul trips (total per
phase)
Trip length worker
(mi)
trip length
vendor (mi) Trip length haul (mi) Vehicle Class Worker
Vehicle Class
Vendor
Vehicle
Class
Hauling Notes
Site Prep 24 2 83.57142857 Default Default Default LDA,LDT1,LDT2 HHDT,MHDT HHDT 2 vendor trips per day for water truck Grading 24 2 249.2857143 Default Default Default LDA,LDT1,LDT2 HHDT,MHDT HHDT 14 CY haul truck capacity Construction 24 2 36 Default Default Default LDA,LDT1,LDT2 HHDT,MHDT HHDT Site Restoration 24 2 12 Default Default Default LDA,LDT1,LDT3 HHDT,MHDT HHDT the 12 one way haul trips for 6 wooden benches
Architectural Coating 8 one way haul trips for 4 trash receptacles Phase Interior Paint VOC Exterior Paint VOC 2 one way haul trips for prefab bridge Arch Coating defaults 2 one way haul trips for overlok deck 2 one way haul trips for wood deck area
MITIGATION MEASURES 2 one way haul trips for wood joist Water Exposed Area 2 one way haul trips for wood railing Frequency 2 one way haul trips for wood post
Assume 2 2 one way haul trips for hardware angle bracket 2 one way haul trip for concrete footing
Unpaved Road Mitigation
Vehicle Speed
Assume no
Engine
Tier 4?
Assume no

Riverside Park - Mass Emissions Calculations

PROJECT DETAILS
Conversions Construction Schedule
Year Days Phase Start Date End Date Total Days
1 365 Site Preparation 12/23/2021 12/31/2021 7
Tons Pounds Grading 1/1/2022 2/28/2021 42
1 2000 Construction 3/1/2021 3/31/2021 60
Site Preparation 4/1/2021 4/30/2022 21
130

ANNUAL CONSTRUCTION EMISSIONS
UNMitigated
Criteria Air Pollutants (TPY) GHGs (MT/Year)
ROG NOx PM10 (exhaust) PM2.5 (exhaust) CO2e
2021 0.01 0.11 0.00 0.00 2021 18.2106
2022 0.16 1.42 0.06 0.06 2022 281.6442
Total 0.17 1.52 0.07 0.06 Total 299.8548
Criteria Air Pollutants (Avg PPD)
ROG NOx PM10 PM2.5
2021 3.11 30.57 1.32 1.22
2022 2.59 23.04 1.03 0.94
Mitigated
Criteria Air Pollutants (TPY) GHGs (MT/Year)
ROG NOx PM10 PM2.5 CO2e
2021 0.01 0.11 0.00 0.00 2021 18.2106
2022 0.16 1.42 0.06 0.06 2022 281.6439
Total 0.17 1.52 0.07 0.06 Total 299.8545
Criteria Air Pollutants (Avg PPD)
ROG NOx PM10 PM2.5
2021 3.11 30.57 1.32 1.22
2022 2.59 23.04 1.03 0.94

Ukiah Riverside Park Regeneration Project B-1 ESA / 201801242 Initial Study/Mitigated Negative Declaration January 2023 Appendix B
Biological Resources
Habitat Assessment

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RIVERSIDE PARK REGENERATION PROJECT
Habitat Assessment
City of Ukiah, Mendocino County, California
Prepared for December 2019
City of Ukiah

RIVERSIDE PARK REGENERATION PROJECT
Habitat Assessment
City of Ukiah, Mendocino County, California
Prepared for December 2019
City of Ukiah

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OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper.

Riverside Park Regeneration Project iii ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision

TABLE OF CONTENTS
Riverside Park Regeneration Project
Habitat Assessment
Page
Executive Summary.............................................................................................................. 1 Chapter 1 ............................................................................................................................1-1 Introduction ........................................................................................................................1-1

1.1 Background and Purpose ..................................................................................1-1

1.2 Property Location...............................................................................................1-1

1.3 Regulatory Context............................................................................................1-4 Chapter 2 ............................................................................................................................2-1 Methods ..............................................................................................................................2-1

2.1 Study Area.........................................................................................................2-1

2.2 Survey Methodology ..........................................................................................2-1

2.2.1 Survey Dates and Surveying Personnel .................................................2-1

2.3 Review of Background Information....................................................................2-1 Chapter 3 ............................................................................................................................3-1 Environmental Setting.......................................................................................................3-1

3.1 Vegetation Communities and Associated Wildlife Habitats................................3-1

3.1.1 Non-Native Annual Grassland.................................................................3-1

3.1.2 Riparian Woodland .................................................................................3-4

3.1.3 Seasonal Wetland...................................................................................3-7

3.2 Special-Status Species....................................................................................3-10

3.2.1 Special-Status Plants............................................................................3-12

3.2.2 State Listed Wildlife Species.................................................................3-12

3.2.3 Non-Listed Special-Status Wildlife Species ..........................................3-13

3.3 Critical Habitat for Listed Wildlife Species .......................................................3-15

3.4 Tree Protection ................................................................................................3-15 Chapter 4 ............................................................................................................................4-1 Avoidance Measures and Restoration Benefits ..............................................................4-1

4.1 Potentially Jurisdictional Wetlands and Sensitive Natural Communities............4-1

4.2 Special-Status Plants.........................................................................................4-2

4.3 Special-Status Wildlife.......................................................................................4-2

4.4 Tree Protection ..................................................................................................4-4 Chapter 5 ............................................................................................................................5-1 References and Report Preparation.................................................................................5-1

5.1 References ........................................................................................................5-1

5.2 Document Preparation.......................................................................................5-4

Table of Contents
Page
Riverside Park Regeneration Project iv ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
Appendices
Appendix A. Regulatory Context
Appendix B. Special-Status Species Considered in the Study Area Appendix C. Plants Observed in the Study Area
Figures
Figure 1-1 Regional Location........................................................................................1-2 Figure 1-2 Study Area...................................................................................................1-3 Figure 3-1 Vegetation Communities in the Study Area .................................................3-2 Figure 3-2 Typical Non-native Annual Grassland Habitat in the Study Area.................3-3 Figure 3-3 Typical Riparian Woodland Habitat in the Study Area .................................3-6 Figure 3-4 Seasonal Wetland 1 (top) and Erosional Gully (bottom) within the Study Area...................................................................................................3-8 Figure 3-5 Seasonal Wetland 2 (Ephemeral Ditch) within the Study Area....................3-9 Figure 3-6 Special-Status Species Occurrences within 5 Miles of the Study Area .....3-11 Tables
Table B-1 Special-Status Wildlife and Plant Species with Potential to Occur in the Study Area.............................................................................................B-1 Table C-1 Ukiah Riverside Park Plant Species Observed........................................... C-1

Riverside Park Regeneration Project ES-1 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision

EXECUTIVE SUMMARY
Riverside Park Regeneration Project
Habitat Assessment
This memorandum summarizes the findings of a biological resource reconnaissance survey that was performed in support of the proposed Riverside Park Regeneration Project (the Project) located in the City of Ukiah (City), California. The City is examining the potential use of an 8.6- acre area of Riverside Park, in the eastern portion of the City of Ukiah, Mendocino County, California, for the second phase of a small habitat restoration project located adjacent to the Russian River riparian corridor. The intent and scope of this report is to characterize biological resources in the Study Area, which includes the entire 8.6-acre area, and provide guidance of regulatory implications associated with potential impacts to sensitive resources, where present.

In 2012, the City was successful in facilitating the development of Riverside Park Phase 1 which restored approximately 5 acres of combined riverbank and top of bank, removed invasive exotic plant species, and constructed trails, river access, and picnic areas. The Project is considered Phase 2 of restoring the southern portion of Riverside Park.

Vegetation communities and wildlife habitat in the Study Area include non-native annual grassland, riparian woodland, and seasonal wetland. Except for the seasonal wetlands and small portion of Russian River riparian community, no other sensitive vegetation communities are located in the Study Area, or in the nearby vicinity, that could be adversely affected by site restoration. No special-status plant species were observed within the Study Area during the 2019 reconnaissancelevel survey; and based on the historical use of the site, none are expected to occur there. Thus, site restoration would not result in impacts to special-status plant species.

The Study Area provides potential nesting habitat for tree- and ground-nesting birds protected by the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Section 3503.

One state-listed wildlife species was identified to have a moderate potential to occur near the Study Area: the state-candidate threatened foothill yellow legged frog. White-tailed kite, a California Department of Fish and Wildlife (CDFW) fully protected species, also has a moderate potential to occur. The following CDFW species of special concern have a moderate to high potential to occur in the Study Area: osprey, western pond turtle, and pallid bat. Protective measures are presented to account for the potential presence of these species.

The Russian River, adjacent to the Study Area, provides habitat for three federally listed salmonid species: Chinook salmon (federal threatened), Coho salmon (federal/state endangered) and

Executive Summary
Riverside Park Regeneration Project ES-2 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
steelhead trout (federal threatened). Russian River tule perch, a CDFW species of special concern, could use the reach of the Russian River near the Study Area as well. Because no riverine habitat exists in the Study Area, these species are not further discussed.

Riverside Park Regeneration Project 1-1 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
CHAPTER 1
Introduction

1.1 Background and Purpose
The City of Ukiah (City) is undertaking design of the Riverside Floodplain Regeneration Project (Project) to restore a multi-benefit floodplain within an approximately 8.6-acre area located in Riverside Park in Ukiah, California. The Project proposes to restore habitat, improve flood and stormwater drainage, improve groundwater recharge and water quality, and provide an enhanced park experience.

This report presents the findings of vegetation, wildlife, and wetland surveys conducted to identify the potential presence and distribution of common and special-status plant and wildlife species, sensitive natural communities, and state- and federally regulated waters and wetlands in the 8.6-acre Project area in which Project activities are proposed (the Study Area). The intent and scope of this document is to characterize biological resources on the subject parcel and characterize biological resources constraints that may affect the use of the site, and provide guidance on regulatory implications associated with potential impacts to sensitive resources.

1.2 Property Location
The Study Area is located near 1151 East Gobbi Street in the City of Ukiah, in Mendocino County, mapped in a California U.S. Geological Survey (USGS) 7.5-minute series quadrangle corresponding to Township 15 north, Range 12 west of the Rancho Yokaya land grant. The approximate centroid of the Study Area is 39º 08′ 36.94″ North, 123º 10′ 58.17″ West, as shown in Figure 1-1. Topography is flat with the exceptions of spoils piles and excavations related to past gravel mining activities and/or construction or operations of a wastewater treatment plant formerly located on the site. Elevation ranges from approximately 570 to 587 feet. The Study Area lies within the floodplain of the Russian River (FEMA 2019), and is shown in Figure 1-2.

Land uses surrounding the Study Area predominantly consist of agricultural uses and open space associated with the Russian River, but also include rural residential and limited recreational uses.

In the more immediate surroundings, the Study Area is adjacent to community baseball fields, and a BMX track to the north; the Russian River riparian corridor to the east; and undeveloped non-native annual grasslands and agricultural fields to the south.

Path: U:\gis\GIS\Projects\18xxxx\D181242_UkiahRiversidePark\Fig1_1_RegionalLocation_topo.aprx, ballen 10/7/2019 SOURCE: USGS, 1978; ESA, 2019. Ukiah Riverside Park Regeneration Project Figure 1-1
Regional Location
N
0 3,000
Feet
Copyright:© 2013 National Geographic Society, i-cubed
Study Area
Riverside Park
Study Area

Gobbi Street
Recreation Road
u
R
ssian
River
Path: U:\gis\GIS\Projects\18xxxx\D181242_UkiahRiversidePark\Fig1_2_WD_StudyArea.aprx, ballen 10/7/2019 SOURCE: DigitalGlobe,Oct. 2017; ESA, 2019. Ukiah Riverside Park Regeneration Project Figure 1-2
Study Area
N
0 400
Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Study Area

Chapter 1 Introduction

1.3 Regulatory Context
Riverside Park Regeneration Project 1-4 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision

1.3 Regulatory Context
Biological resources in the Study Area may fall under the jurisdiction of various regulatory agencies and be subject to their regulations. In general, the greatest legal protections are provided for plant and wildlife species that are formally listed by the federal or state government. The following regulations and agencies are commonly associated with projects that have the potential to affect biological resources:
• Federal Endangered Species Act (FESA)
• Migratory Bird Treaty Act (MBTA)
• Bald and Golden Eagle Protection Act
• Clean Water Act (CWA) Sections 401 and 404
• California Endangered Species Act (CESA)
• California Fish and Game Code Sections 3503, 3503.5, and 3511 • Native Plant Protection Act
• California Department of Fish and Wildlife Lake and Streambed Alteration Program • Porter Cologne Water Quality Act
• County of Mendocino General Plan
• City of Ukiah General Plan
• Ukiah Valley Area Plan
These regulations are presented and discussed in Appendix A, Regulatory Context.

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CHAPTER 2
Methods

2.1 Study Area
The term “Study Area” in this report is used as the starting point to define the biological survey area; however, in practical terms biological resources have varied sensitivities to disturbance and it may be necessary to analyze somewhat larger areas for many species; thus an area up to 250 feet beyond the Study Area was considered in this assessment.

2.2 Survey Methodology

2.2.1 Survey Dates and Surveying Personnel
ESA biologist Elizabeth Hill conducted a reconnaissance-level survey of the Study Area on May 22, 2019. The survey was conducted to characterize vegetation communities and assess habitat quality and the potential for special-status plant and wildlife species to occur.

ESA used the background species information to inform the biological reconnaissance survey of the Study Area. The survey was conducted on May 22, 2019, between 9:30 a.m. and 3:30 p.m.; weather conditions were clear and sunny with light wind. During the assessment, all areas accessible within the Study Area were surveyed to ensure a thorough characterization of on-site biological resources. Representative photographs were taken of the Study Area (Figures 3-2 through 3-5).

2.3 Review of Background Information
Existing biological and ecological data were available for the Study Area from previous ESA studies. The main documents consulted in preparation of this report include:
• Environmental Science Associates, 2019. Riverside Park Regeneration Project, Aquatic Resources Delineation Report, City of Ukiah, Mendocino County, California. Prepared for Melton Design Group, May, 2019.
• Russian River Independent Science Review Panel. Russian River Integrated Coastal Watershed Management Plan. Mendocino County Resources Conservation District. June 2012.

Prior to performing the 2019 reconnaissance-level survey, ESA reviewed publicly available data and subscription-based biological resource data. ESA assessed the degree to which the Project

Chapter 2 Methods

2.3 Review of Background Information
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may encounter special-status plant and wildlife species by completing a background data review and habitat assessment survey of the Study Area. ESA biologists reviewed the May 2019 California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Plants to understand the reported distribution of sensitive plant and wildlife species within a nine-quadrangle search area (CDFW 2019; CNPS 2019). In addition, an Information for Planning and Consultation (IPaC) species list was requested and obtained from the U.S. Fish and Wildlife Service (USFWS). This list identifies plant and animals that are either threatened, endangered, or candidate species, as well as any critical habitat with some potential to occur near the Study Area (USFWS 2019). This background review, when combined with the field survey described below, was used to assess the potential for species presence in the Study Area. A description of these species and an assessment of their potential to occur in the Study Area is provided in Appendix B, Special-Status Species Considered in the Study Area.

Additional data sources that assisted in this analysis include:
• Topographic maps (Ukiah and surrounding eight quadrangles); • Historic and current aerial imagery; and
• California Wildlife Habitat Relationships (CWHR) database.

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CHAPTER 3
Environmental Setting
This chapter describes vegetation communities, wildlife habitats, and special-status plant and wildlife species in the Study Area.

3.1 Vegetation Communities and Associated Wildlife
Habitats
Vegetation communities are assemblages of plant species that occur together in the same area and are defined by species composition and relative abundance. Three vegetation communities were identified within the Study Area: non-native annual grassland, riparian woodland, and seasonal wetland. Of these, the two latter categories are recognized by CDFW as sensitive natural communities. The natural community classification presented herein is based on field observations, and the standard List of California Terrestrial Natural Communities Recognized by the CNDDB (Holland 1986). Plant communities generally correlate with wildlife habitat types; wildlife habitats were classified and evaluated using A Guide to Wildlife Habitats of California (Mayer and Laudenslayer 1988). The distribution of vegetation communities in the Study Area is presented in Figure 3-1.

3.1.1 Non-Native Annual Grassland
Description
Non-native annual grassland habitat is the largest community in the Study Area, and is dominated by introduced grasses and forbs. This vegetation community also occurs in fields located south of the Study Area. The area occupied by this plant community has experienced substantial ground disturbance in the past as a result of former gravel mining and treatment facility operations.

Topography is mostly level except for artificial excavations and spoils piles, the latter providing substrate for mounds of established non-native shrubs in the northern portion of the Study Area.

Common annual species documented in this plant community include slender wild oat (Avena fatua), soft brome (Bromus hordaceous), rip-gut brome (B. diandrus), vetch (Vicia villosa), wild radish (Raphanus sp.), rose clover (Trifolium hirtum) and red-stemmed filaree (Erodium cicutarium). These species form a mosaic across the Study Area with large patches dominated by grasses or filaree. Other common species found in the northern end of the Study Area include non-native invasive Himalayan blackberry (Rubus armeniacus) and poison hemlock (Conium maculatum) and native shrubs including coyote brush (Baccharis pilularis) and blue elderberry (Sambucus nigra ssp. caerulea). Photos of Study Area grasslands are provided in Figure 3-2. Non-native annual grasslands in the Study Area are unlikely to support special-status plants due to the historical industrial land use of the site.

SW-1
SW-2
Stormwater
Culvert Outfall
SOURCE: DigitalGlobe, Oct. 2017; ESA, 2019. Ukiah Riverside Park Regeneration Project Figure 3-1
Habitat Types
N
0 100
Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Study Area
Old Spoils Piles
Overhead Utility Line (~50’
above ground)
Erosional Gully
Tree Species
Boxelder maple
Coast live oak
Cottonwood
N. California black walnut
Sandbar willow
Valley oak
Arroyo willow (multi-stem)
Honey locust (non-native)
Vegetation Communities
Upland Vegetation
Non-native Annual Grassland
Non-native Shrubs
Native and Non-native Shrubs
Native Trees
Riparian Woodland
Vegetation Communities (cont.)
Seasonal Wetlands (Potential Waters of
the State andU.S.)
SW-1: Water Filled Depression
(0.140 ac.)
SW-2: Ephemeral Ditch/
Stormwater Control Feature
(0.038 ac.)
1 inch = 100 feet
Delineation conducted by Chuck Hughes and Elizabeth Hill (ESA).

Map prepared by Brad Allen (ESA) on Oct 7, 2019
&
&

Chapter 3 Environmental Setting

3.1 Vegetation Communities and Associated Wildlife Habitats Riverside Park Regeneration Project 3-3 ESA / 181242
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Riverside Park Regeneration Project
SOURCE: ESA, photo date: May 22, 2019
Figure 3-2
Typical Non-native Annual Grassland Habitat in the Study Area

Chapter 3 Environmental Setting

3.1 Vegetation Communities and Associated Wildlife Habitats Riverside Park Regeneration Project 3-4 ESA / 181242
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Wildlife Habitat Relationships with Non-native Annual Grassland Annual grassland provides little cover for wildlife, yet numerous species forage, and several species breed in this habitat. Grasslands attract reptiles and amphibians such as western fence lizard (Sceloporus occidentalis), common garter snake (Thamnophis sirtalis), and western rattlesnake (Crotalus viridis). Bird species that nest in grasslands include California quail (Callipepla californica), northern harrier (Circus cyaneus), grasshopper sparrow (Ammodramus savannarum), a CDFW species of special concern, western meadowlark (Sturnella neglecta), and killdeer (Charadrius vociferus). Birds that commonly forage in grasslands include turkey vulture (Cathartes aura), red-shouldered hawk (Buteo lineatus), red-tailed hawk (Buteo jamaicensis), American kestrel (Falco sparverius), white-tailed kite (Elanus leucurus), golden eagle (Aquila chrysaetos), and California towhee (Melozone crissalis). Common small mammals expected in the non-native annual grassland community include western harvest mouse (Reithrodontomys megalotis), California ground squirrel (Otospermophilus beecheyi), California vole (Microtus californicus), Botta’s pocket gopher (Thomomys bottae), and black-tailed jackrabbit (Lepus californicus). These small mammals are primary prey sources for raptors that forage in the area.

Non-native grasslands are also important foraging grounds for aerial and ground-foraging insect eaters such as Myotis bat species and pallid bats (Antrozous pallidus). Larger mammal species such as black-tailed deer (Odocoileus hemionus columbianus), coyote (Canis latrans), and red fox (Vulpes vulpes) may use the grasslands in the Study Area. The grasslands covering remnant spoils piles have historically provided a den for bobcat (Lynx rufus) (Audubon Society et al. 2018).

3.1.2 Riparian Woodland
Description
The 0.57 acres of riparian woodland community, located within the south eastern portion of the Study Area, comprises a dense, multi-layered canopy that is directly dependent on the fluvial geomorphic processes of the Russian River (MCRCD 2012). In the state’s coastal range, where the Study Area is located, riparian woodland communities typically occur as narrow, often dense groves of broad-leaved, winter deciduous trees ranging in height. The transition between the riparian woodland community found in the Study Area and adjacent non-riparian vegetation is clearly delineated. Riparian tree species such as California sycamore (Platanus racemosa), California black walnut (Jugulans californica), California boxelder (Acer negundo), and Oregon ash (Fraxinus latifolia) intergrade into non-native annual grassland in the eastern portion of the Study Area. Representative photos of riparian woodlands are provided in Figure 3-3.

Wildlife Habitat Relationship
As with all riparian habitats, the riparian woodland community in and adjacent to the Study Area is considered to have high value for many wildlife species (Thomas 1979; Marcot 1979; Sands 1977). Such areas provide water, thermal cover, migration corridors and diverse nesting and feeding opportunities (Thomas 1979). Bird species associated with riparian woodland habitat documented from the Study Area include osprey (Pandion haliaetus), a CDFW Watch-List species, belted kingfisher (Megaceryle alcyon), violet-green swallow (Tachycineta thalassina),

Chapter 3 Environmental Setting

3.1 Vegetation Communities and Associated Wildlife Habitats Riverside Park Regeneration Project 3-5 ESA / 181242
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and western tanager (Piranga ludoviciana) (EBird 2019). Other wildlife species documented in the Russian

Chapter 3 Environmental Setting

3.1 Vegetation Communities and Associated Wildlife Habitats Riverside Park Regeneration Project 3-6 ESA / 181242
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Riverside Park Regeneration Project
SOURCE: ESA, photo date: May 22, 2019
Figure 3-3
Typical Riparian Woodland Habitat in the Study Area

Chapter 3 Environmental Setting

3.1 Vegetation Communities and Associated Wildlife Habitats Riverside Park Regeneration Project 3-7 ESA / 181242
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River riparian woodland community and nearby tributaries include the foothill yellow-legged frog (Rana boylii), red-bellied newt (Taricha rivularis), and western pond turtle (Emys marmorata). All of these species have been documented within 1.5 miles of the Study Area.

3.1.3 Seasonal Wetland
An area is a wetland if: (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is dominated by hydrophytes or the area lacks vegetation. The Project’s May 2019 aquatic resources delineation (ESA 2019) identified 0.178 acres of aquatic resources within the Study Area, consisting of two seasonal wetlands.

Description
Seasonal wetland (SW) 1 is located in the bottom of an artificially excavated pit dug for the purpose of gravel extraction at the former wastewater treatment facility that once operated in the Study Area.

This seasonally water-filled depression has hydrophytic vegetation dominated by rye grass (Festuca perennis) and dock (Rumex sp.). A few willows (Salix sp.) and cottonwoods (Populus fremontii ssp. fremontii) grow along the margin of this feature (Figure 3-4 [top]). Soils were clearly disturbed from previous activities in the Study Area. The SW-1 pit was dug in the floodplain of the Russian River and the area surrounding the pit is uplands. Surface water runoff from uplands and flood events of the Russian River are the hydrologic sources for this feature. When the water surface elevation of the River reaches approximately 589 feet, water will flow through an eroded gully, away from the river, and into the pit (Figure 3-4 [bottom]). The bottom of the pit is approximately 574 feet in elevation.

The sides of the gully are eroding into an old ruderal road, and sediment consisting of gravel and sand is splayed into the bottom of the pit. There is no splay of sediment on the river-side of the gully.

There is no clear, natural line on the side of the gully indicating an ordinary high water mark. Water will only flow through the gully during flood events. The Code of Federal Regulations (CFR) (33 CFR 328.3(b)(4)(v)) excludes as waters of the U.S pits excavated in dry land for obtaining gravel that fill with water. As such, SW-1 is not considered waters of the U.S. (ESA 2019); although it would likely be considered waters of the State based on its characteristics discussed above. SW-1 meets the 3.c. definition of waters of the State (SWQCB 2019) as it is considered a wetland that is “the result from historic human activity and are not subject to ongoing operation and maintenance, and has become a relatively permanent part of the natural landscape.” SW-2 is located in the bottom of an artificially excavated ditch (Figure 3-5). This ephemeral ditch begins at a culvert outfall that discharges stormwater during rainfall events. The ditch outfalls into the Russian River, although the ditch loses a distinctive bottom and sides near the River. The bottom of the ditch is not uniformly sloped, and the western end of it does not fully drain and may retain water up to several inches deep. This feature has hydrophytic vegetation and soils similar to the seasonally water-filled depression discussed above. 33 CFR 328.3(b)(3)(i) excludes ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary as waters of the U.S.

Although SW-2 is not considered waters of the U.S. (ESA 2019), it would likely be considered waters of the State based on its characteristics discussed above. SW-2 meets the 3.c. definition of waters of the State for the same reason SW-1 meets the definition (SWQCB 2019).

Chapter 3 Environmental Setting

3.1 Vegetation Communities and Associated Wildlife Habitats Riverside Park Regeneration Project 3-8 ESA / 181242
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Riverside Park Regeneration Project
SOURCE: ESA, photo dates: May 16, 2019 (top), and May 22, 2019 (bottom) Figure 3-4
Seasonal Wetland 1 (top) and Erosional Gully (bottom) within the Study Area

Chapter 3 Environmental Setting

3.1 Vegetation Communities and Associated Wildlife Habitats Riverside Park Regeneration Project 3-9 ESA / 181242
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Riverside Park Regeneration Project
SOURCE: ESA, photo dates: May 22, 2019 (top), and May 16, 2019 (bottom) Figure 3-5
Seasonal Wetland 2 (Ephemeral Ditch) within the Study Area

Chapter 3 Environmental Setting

3.2 Special-Status Species
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Wildlife Habitat Relationships with Seasonal Wetlands
Wetlands are among the most productive wildlife habitats in Mendocino County as they provide food, cover, and water for a variety of birds, reptiles, mammals, and amphibians (PMC 2009).

Common yellowthroat (Geothlypis trichas), red-winged blackbird (Agelaius phoeniceus), cedar waxing (Bombycilla cedrorum), and yellow warbler are commonly associated with the seasonal wetland habitat and have all been documented foraging in the Study Area (eBird 2019). Other commonly occurring wildlife associated with seasonal wetlands in the Ukiah Valley include California toad (Anaxyrus boreas halophylus), Sierran tree frog (Pseudacris sierra), and common garter snake. Mule deer (Odocoileus hemionus) may feed in seasonal wetlands, seeking forbs and palatable grasses (PMC 2009).

3.2 Special-Status Species
Several species known to occur on or in the vicinity of Study Area are protected pursuant to federal and/or state endangered species laws, or have been designated as species of special concern by CDFW. Species recognized under these terms are collectively referred to as “specialstatus species.” A list of special-status species with potential to occur in or near Study Area was compiled from a nine-quadrangle search of the CNDDB (CDFW 2019), a nine-quadrangle search on the CNPS Rare Plant Inventory (CNPS 2019), a search from the USFWS IPaC database (USFWS 2019) of the Study Area, and biological literature of the region for the following 7.5-minute USGS topographic quadrangles:
• Laughlin Range • Redwood Valley • Potter Valley
• Orrs Springs • Ukiah • Cow Mountain
• Boonville • Elledge Peak • Purdy’s Garden
From the full list of species, each was then individually assessed based on habitat requirements and distribution relative to vegetation communities that occur in and around the Study Area. A comprehensive list of special-status plant and wildlife species that were considered in the analysis is provided in Appendix B. Those species with a moderate or high potential to occur in the Study Area are described below in greater detail. See Figure 3-6 for a map of CNDDB special-status species occurrences within 5 miles of the Study Area. Special-status wildlife species for which a moderate or high potential to occur was identified within the Study Area include white-tailed kite, foothill yellow-legged frog, western pond turtle, osprey, and pallid bat.

A historical occurrence of red-bellied newt (Taricha rivularis), a CDFW species of special concern, is documented by CDFW in the riparian corridor 0.40 miles north of the Study Area.

Although red-bellied newts may migrate a mile or more to and from breeding streams, this species has a low potential to occur within the Study Area due to a lack of rapid streams with rocky substrates for breeding and larval development near the Study Area. Also, the Study Area’s riparian community is small in size, offering limited movement habitat for this species. The West

Path: U:\gis\GIS\Projects\18xxxx\D181242_UkiahRiversidePark\03_MXDs_Projects\Fig3-7_CNDDB_Map.aprx, ballen 10/7/2019 SOURCE: USDA, 2016; CNDDB, 2019; ESA, 2019
Figure 3-6
Occurrences of Special-Status Species
within 5 Miles of the Project Study Area
Ukiah Riverside Park Regeneration Project
red-bellied newt
Raiche's manzanita
Toren's grimmia
red-bellied newt
foothill yellow-legged frog
red-bellied newt
foothill yellow-legged frog
red-bellied newt
foothill yellow-legged frog
Raiche's manzanita
Raiche's manzanita
Mendocino bush-mallow
western pond turtle
foothill yellow-legged frog
North American porcupine
western pond turtle
foothill yellow-legged frog
foothill yellow-legged frog
foothill yellow-legged frog
red-bellied newt
foothill yellow-legged frog
red-bellied newt
foothill yellow-legged frog
foothill yellow-legged frog
foothill yellow-legged frog
red-bellied newt
Burke's goldfields
Baker's navarretia
Raiche's manzanita
Baker's meadowfoam
foothill yellow-legged frog
foothill yellow-legged frog
foothill yellow-legged frog
foothill yellow-legged frog
N
0 1.5
Miles
Esri, USDA Farm Service Agency
Study Area
Study Area Buffer (5 mi.)
CNDDB Occurrences
(as labeled)

Chapter 3 Environmental Setting

3.2 Special-Status Species
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coast DPS1 fisher (Pekania pennanti), a state threatened and CDFW species of special concern, is unlikely to occur in the Study Area due to the lack of late successional coniferous forests with large diameter trees with cavities; the nearest most-recent occurrence of the fisher to the Study Area is approximately 12 miles north of the Study Area. Townsend’s big-eared bat (Corynorhinus townsendii) has historically occurred approximately 11 miles north of the Study Area although the Study Area does not offer the required roosting habitat of cave-like structures (Pierson et al. 1999). Hence, the likelihood of encountering these species in the Study Area is considered low and it is not further discussed in this report.

3.2.1 Special-Status Plants
No federal- or state-listed plant species were identified during the biological reconnaissance survey of the Study Area in May 2019. The nearest documented CNDDB plant species to the Study Area is Baker’s meadowfoam (Limnanthes bakeri), a California Rare Plant Rank 1B.1 species, observed approximately 1.4 miles southwest nearly 30 years ago. This species occurrence is presumed to be extirpated due to mowing activities associated with nearby development.

Based on the principal habitat type in the Study Area, vegetation is mostly dominated by nonnative annual grassland species, no special-status plants are expected to occur in the Study Area due to the substantial soil disturbance in the past. A list of plant species documented during the May 22, 2019, Aquatic Resources Delineation Report is provided in Appendix C, Plants Observed in the Study Area.

3.2.2 State Listed Wildlife Species
Foothill yellow-legged frog (Rana boylii)
Foothill yellow-legged frog is a candidate state threatened species and CDFW species of special concern.

Foothill yellow-legged frogs are small to medium–sized frogs with granular skin. They have a historical range from the Willamette River drainage in Oregon to at least the San Gabriel River drainage in Los Angeles County, California, in the foothill mountain streams east of the SierraCascade crest from sea level to 1,940 meters (Hemphill 1952; Nussbaum et al. 1983; Stebbins 2003). Extirpations in the northern and southern portions of the species’ range have resulted in a reduction in its current range from its historical extent; it appears to have disappeared from previously occupied sites south of Monterey County and in the southern Sierra Nevada (Hayes et al. 2016; Jennings and Hayes 1994; USFS 2011). Foothill yellow-legged frogs inhabit partially shaded, rocky perennial streams and rivers at low to moderate elevations across a range of vegetation types including chaparral, oak woodland, mixed coniferous forest, riparian sycamore and cottonwood forest, and wet meadows (Hayes and Jennings 1998; Nussbaum et al. 1983; Stebbins 1985). They have also been observed using isolated pools, vegetated backwaters, and 1 Distinct Population Segment (DPS): A distinct population segment is the smallest division of a taxonomic species permitted to be protected under the U.S. Endangered Species Act.

Chapter 3 Environmental Setting

3.2 Special-Status Species
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streams lacking a rocky, cobble substrate (Ashton et al. 1998; Fitch 1938; Hayes and Jennings 1988). Post-metamorphic frogs (i.e., juveniles and adults) may overwinter in refugia from high winter flows such as small tributary streams, seeps, springs, and clumps of woody debris or vegetation (Bourque 2008; Gonsolin 2010; Rombough 2006; Van Wagner 1996). Females are known to move greater distances than males, with a maximum observed distance of approximately 4.3 miles (Bourque 2008). Breeding habitat is typically associated with low gradient stream reaches at depositional features like lateral point bars and pool tail-outs, and egg masses are usually deposited on the downstream side of rocky substrates in shallow slow moving water near the stream margin (Bondi et al. 2013; Kupferberg 1996; Wheeler and Welsh 2008).

The nearest occurrence of foothill yellow-legged frog to the Study Area is approximately

0.5 miles south of the Study Area along Mill Creek, a tributary connecting to the east bank of the Russian River, documented in 2016. The Russian River immediately east of the Study Area contains aquatic habitat to support this species; however, the species is more commonly found along tributary streams with less dense canopy cover than that found in the vicinity of the Study Area. Seasonal foothill yellow-legged frog movements away from aquatic habitat into upland territory, such as the Study Area, could occur as a behavioral response to avoid high discharge events or as a movement into an overwintering site (Hayes et al. 2016).

3.2.3 Non-Listed Special-Status Wildlife Species
Western pond turtle (Emys marmorata)
Western pond turtle is a CDFW species of special concern.

Western pond turtles are commonly found in ponds, lakes, marshes, rivers, streams, and irrigation ditches with rocky or muddy substrates surrounded by aquatic vegetation. These watercourses usually are within woodlands, grasslands, and open forests, between sea level and 6,000-foot elevation. Turtles bask on logs or other objects when water temperatures are lower than air temperatures. Nest sites are most often situated on south or west-facing slopes, are sparsely vegetated with short grasses or forbs, and are scraped in sands or hard-packed, dry, silt or clay soils. Most oviposition occurs during May and June, although some individuals may deposit eggs as early as late April and as late as early August (Jennings and Hayes 1994). Nests are located at upland sites, often up to 0.25 miles from an aquatic site (Jennings and Hayes 1994; Stebbins 2003; Zeiner et al. 1988–1990).

The western pond turtle is uncommon to common in suitable aquatic habitat throughout California, west of the Sierra-Cascade crest and absent from desert regions, except in the Mojave Desert along the Mojave River and its tributaries. The species’ elevation range extends from near sea level to 4,690 feet. A western pond turtle was observed basking on large woody debris in 2002 along the Russian River 1.3 miles north of the Study Area, which is considered the nearest documented occurrence of the species to the Study Area. The Russian River riparian woodland community within and immediately east of the Study Area contains necessary aquatic and terrestrial habitat to support dispersal of the species. Although, basking sites may be more commonly found on rocks above the water surface in the channel or on the river bank. As such,

Chapter 3 Environmental Setting

3.2 Special-Status Species
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there are limited basking sites within the Study Area’s riparian woodland community due to dense vegetations, western pond turtles are known to travel into upland areas as far as approximately 300 feet seeking out sites. The seasonal wetlands and annual grasslands of the Study Area offer western pond turtle terrestrial habitat supporting both nesting and overwintering activities.

White-Tailed Kite (Elanus leucurus)
The white-tailed kite is a state fully protected species under Fish and Game Code.

White-tailed kite is a medium-sized raptor that is a yearlong resident in coastal and valley lowlands in California. White-tailed kites breed from February to October, peaking from May to August (Zeiner et al. 1990). This species nests near the top of dense oaks, willows, or other large trees. The trees within the annual grassland and riparian woodland plant communities in and adjacent to the Study Area provide nesting habitat for this species. No white-tailed kites were observed during the biological reconnaissance survey; however, this species has been observed from the Study Area (Audubon Society 2018). The generally accepted nesting season extends from February 1 through August 31. This species has the potential to nest within the Study Area during the nesting season.

Osprey (Pandion haliaetus)
Osprey is a CDFW Watch-List species.

Osprey breeds in northern California from Cascade Ranges to Lake Tahoe, and along the coast south to Marin County. Regular breeding sites include Shasta Lake, Eagle Lake, Lake Almanor, other inland lakes and reservoirs, and northwest river systems. Osprey are associated strictly with large, fish-bearing waters, primarily in ponderosa pine within mixed conifer habitats and prey mostly on fish and a few mammals, birds, reptiles, amphibians, and invertebrates. The species uses large trees, snags, and dead-topped trees in open forest habitats for cover and nesting, and requires tall open-branched “pilot trees” nearby for landing before approaching the nest, and for use by young for flight practice (Zeiner et al. 1988). Osprey nest on a platform of sticks at the top of large snags, dead-topped trees, on cliffs, or human made structures; and occasionally on the ground. Location of the nests are typically within 240 feet of fish-producing water, but may nest up to one-mile from a water body (Airola and Shubert 1981). Osprey travel up to approximately 6 miles from nest to fishing areas (Garber 1972; French and Koplin 1977). Mature trees and utility poles in the Study Area could provide suitable nesting habitat for osprey.

Pallid bat (Antrozous pallidus)
Pallid bat is a CDFW species of special concern and a Western Bat Working Group (WBWG) High Priority species. The WBWG is composed of agencies, organizations, and individuals interested in bat research, management, and conservation from the 13 western states and provinces. CDFW tracks bat species that are least Low-Medium Priority in California.

Chapter 3 Environmental Setting

3.3 Critical Habitat for Listed Wildlife Species
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Pallid bat occurs throughout California except in parts of the high Sierra and the northwestern corner of the state (Zeiner et al. 1990). Pallid bat inhabits a variety of habitats, such as grasslands, shrublands, woodlands, and forests; however, this species is most abundant in open, dry habitats with rocky areas for roosting. Pallid bats roost alone, in small groups, or gregariously (WBWG 2005). Roosts include caves, crevices in rocky outcrops and cliffs, mines, trees, and various manmade structures (e.g., bridges, barns, porches), that generally have unobstructed entrances/exists and are high above the ground, warm, and inaccessible to terrestrial predators. Year-to-year and night-to-night roost reuse is common; however, bats may switch day roosts on a daily and seasonal basis. No pallid bats were observed during the biological reconnaissance survey; however, this species has the potential to roost in hollows and crevices of mature trees in the Study Area’s annual grassland and riparian woodland habitats.

3.3 Critical Habitat for Listed Wildlife Species
The USFWS defines the term critical habitat in the federal ESA as a specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. The Study Area is not within designated critical habitat for any listed wildlife species.

3.4 Tree Protection
The City of Ukiah General Plan Growth Management Program (adopted by the City Council December 6, 1995, and amended June 16, 2004) and the City of Ukiah Community Forest Management Plan (adopted by the City Council on November 3, 1993) contain the City’s policies on the protection of trees. The City of Ukiah Tree Management Guidelines (City of Ukiah, 2014a) provides policy guidelines for the preservation, maintenance and enhancement of the urban forest in parks and other areas maintained by the staff and contractors of the City of Ukiah.

The City’s tree replacement guidelines (City of Ukiah, 2014a) state that at least one tree shall be planted for every tree that is removed from City property. Replacement tree species shall be selected so that overall mature canopy volume will be maintained or increased. It is preferable to plant the replacement tree in close proximity to the original tree’s location. The replacement tree may be located elsewhere, if local conditions contributed to the previous tree’s failure. New locations should be found on the same site or in the same neighborhood at a location of similar or greater value. Preference shall be given for planting native trees whenever feasible.

No tree documented in the Study Area has been recognized as a City of Ukiah “landmark tree” as defined by the Landmark Tree Program Guidelines and Policies (City of Ukiah, 2014b).

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CHAPTER 4
Avoidance Measures and Restoration Benefits
The Project’s enhancement of 8.6 acres of Riverside Park intends to avoid impacts to the regulated biological resources with the potential to occur in the Study Area. The following discussion highlights avoidance measures for sensitive biological resources that could be implemented during Project implementation. The Project could provide benefits to sensitive natural communities and wildlife through the conversion of non-native annual grassland habitat into riparian woodland and seasonal wetland communities.

4.1 Potentially Jurisdictional Wetlands and Sensitive
Natural Communities
As discussed above, the conservation of sensitive natural communities is integral to maintaining biological diversity. Modification to two sensitive communities found in the Study Area, riparian woodland and seasonal wetland, would potentially require permits from regulatory agencies, and may require measures to avoid or reduce temporary impacts to these resources. No additional surveys are warranted for sensitive natural communities.

Riparian Woodland. The southeastern boundary of the Study Area overlaps with a riparian woodland community (0.57 acre) subject to Section 1600 of the Fish and Game Code. This community extends into the larger riparian corridor beyond the Study Area surrounding the Russian River. Work within or affecting this community, even if beneficial as a result of enhancement actions, may require a Section 1600 Lake and Streambed Alteration Agreement from CDFW.

Seasonal Wetlands. As discussed above, the aquatic resources delineation conducted in support of the Project (ESA 2019) identified 0.178 acre of aquatic resources within the Study Area, consisting of two seasonal wetlands. The delineation concluded these features are not waters of the U.S. under the 2015 CWA rule; however, that determination has not been verified by the U.S.

Army Corps of Engineers (Corps). The repeal of the 2015 CWA rule and replacement with the previous CWA rule will become effective on or about November 16, 2019. Regardless of the federal status, the seasonal wetlands are considered sensitive natural communities by CDFW and may be waters of the State under the Porter-Cologne Water Quality Control Act. Impacts to this community, even if beneficial, as a result of enhancement may require a Waste Discharge Permit from the RWQCB through the Porter Cologne Water Quality Act. CDFW also has the ability to enforce certain water quality provisions in state law. Please refer to Appendix A for further detail on the regulatory jurisdiction related to the Project.

Chapter 4 Avoidance Measures and Restoration Benefits

4.2 Special-Status Plants
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Potential impacts to seasonal wetlands during construction could be avoided with the following measure:

Avoidance Measure 1: High visibility and silt fencing should be erected at the edge of the construction footprint if work is anticipated to occur within 50 feet of seasonal wetlands and riparian woodland that are proposed for avoidance. A biological monitor should be present during the fence installation and during any initial grading or vegetation clearing activities within 50 feet of seasonal wetlands and riparian woodland that are proposed for avoidance, to verify fences are in place and vegetation clearing is limited to that necessary for construction.

4.2 Special-Status Plants
As discussed in Section 3.3.1, the Study Area does not support special-status plants. A complete list of plant species observed during the preliminary aquatic resources delineation is presented in Appendix C. This inventory was performed in May, a time when most plant species are identifiable. Although no special-status plant survey has been completed of the Study Area, the area has been exposed to substantial ground disturbance in the past as a result of the former treatment facility. No further action is needed to avoid special-status plants in the Study Area.

4.3 Special-Status Wildlife
Foothill Yellow Legged Frog. The aquatic resources in the Study Area do not support primary foothill yellow-legged frog breeding, loafing or rearing habitat. As such, focused surveys have not been performed and are not warranted for this species. During elevated flows in the river, there are opportunities for occasional long distance movements (up to 165 feet) into Study Area grasslands by foothill yellow-legged frogs potentially present in the Russian River (CDFW, 2000). If foothill yellow-legged frogs are present in the Study Area at the time of construction, ground-disturbing activities would pose a potential threat to this species; however, because this is largely an aquatic species, its movements would generally be restricted to the river corridor and would not include the Study Area. Further, the typical summer construction season does not overlap with high flows more commonly occurring in the winter.

Western Pond Turtle. The western pond turtle is known to occur east of the Study Area within the Russian River riparian corridor, and could seasonally traverse the site during the breeding season while in search of egg deposition areas. Western pond turtle could benefit from elements of the Project that restore habitat and improve floodwater and stormwater drainage. During construction, the following avoidance measures are recommended:

Avoidance Measure 2: A worker education and awareness program should be provided to all on-site personnel by a qualified biologist before the commencement of materials staging or ground disturbing activities. The biologist should explain to construction workers how best to avoid impacts to western pond turtle and should include topics on species identification, life history, descriptions, and habitat requirements during various life stages. Handouts, illustrations, photographs, and project mapping showing areas where minimization and avoidance measures can be included as part of this education program. The crew members should sign a sign-in sheet documenting that they received the training.

Chapter 4 Avoidance Measures and Restoration Benefits

4.3 Special-Status Wildlife
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Avoidance Measure 3: All vegetation removal and initial grading activities associated with construction activities should be conducted under the supervision of a qualified biologist.

Should any western pond turtles be detected in the vicinity of the project footprint, the biological monitor would relocate any western pond turtles found within the construction footprint to suitable habitat away from the construction zone, but within the study area. A letter report documenting the biological monitoring should be submitted to the client within 14 days following the final monitoring event.

Nesting Birds and Roosting Bats. The Study Area offers minimal elevated raptor nesting habitat as it lacks a substantial amount of mature trees. The few tall mature trees and utility poles within the Study Area provide perches for raptors, including white-tailed kite and osprey, seeking prey in the annual grasslands below. Mature trees offering crevices and cavities may provide habitat for bat roosting. Preservation of existing mature trees, and the planting of new native trees could support raptors and other birds as well as common and special status bats, including pallid bat.

The enhancement of dense groundcover would support the presence of several common groundnesting bird species roosting, nesting, and protection from predators, including California quail.

The following measures are recommended to avoid potential impacts on nesting birds and roosting bats:

Avoidance Measure 4: Vegetation clearing operations, including pruning or removal of trees and shrubs, should be completed between September 1 and January 31, if feasible. If vegetation removal begins during the nesting season (February 1 to August 31), a qualified biologist should conduct a preconstruction survey prior to vegetation removal. The preconstruction survey should be conducted within 14 days prior to commencement of grounddisturbing activities. If the pre-construction survey finds no active nests, then no additional measures are recommended. If construction does not commence within 14 days of the preconstruction survey, or halts for more than 14 days, an additional pre-construction survey is recommended.

If any active nests are located, an appropriate buffer zone should be established around the nests, as determined by the project biologist. The biologist should mark and maintain the buffer zone until the nest is no longer active. Buffer zones are typically 250 feet for a bird-ofprey nest and 100 feet for other bird nests. If active nests are found, a qualified biologist should monitor nests weekly during construction to evaluate potential nesting disturbance by construction activities. Guidance from the CDFW is recommended if establishing the typical buffer zone is impracticable.

Avoidance Measure 5: Prior to the removal of suitable trees (larger than 24 inches in DBH), a qualified biologist should conduct a pre-construction survey for special-status bats within 14 days prior to the start of their removal. If no special-status bats are detected roosting, then a letter report documenting the results of the survey should be provided to the applicant for their records, and no additional measures are recommended. If tree removal does not commence within 14 days of the pre-construction survey, or halts for more than 14 days, a new survey is recommended.

If bats are found in trees or structures proposed for removal, a minimum 10-foot avoidance buffer should be established around the roost/maternity until it is no longer occupied. High visibility construction fencing should be installed around the buffer and should remain in place until the tree or structure is no longer occupied by bats. The trees or structures should not be removed until a biologist has determined that the roost is no longer occupied by the bats.

Chapter 4 Avoidance Measures and Restoration Benefits

4.4 Tree Protection
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Common Wildlife. As discussed above, the Study Area has experienced substantial ground disturbance in the past as a result of the former treatment facility; topography is mostly level except for artificial excavations and spoils piles. Removing the remnant debris from old industrial practices could benefit target communities supporting native vegetation and sensitive wildlife.

However, the preservation and further sheltering of the historical bobcat den in a small portion of the remnant debris could be a unique opportunity.

4.4 Tree Protection
Should removal of any onsite trees be proposed as part of the project, a Tree Protection and Replacement Plan, consistent with City of Ukiah General Plan Growth Management Program and the City of Ukiah Community Forest Management Plan, would be reviewed and approved by the Public Works Department prior to Project construction. All requirements and restrictions within those documents would be complied with, including the incorporation of replacement trees for trees removed.

Guidance on tree removal activities and tree replacement provided in Sections 7.1 and 7.2 of the City of Ukiah’s Tree Management Guidelines (City of Ukiah, 2014a) would be followed. The following recommended avoidance measures are adopted from those guidelines:

Avoidance Measure 6: At least one native tree shall be planted for every tree that is removed from City property. Replacement tree species shall be selected so that overall mature canopy volume will be maintained or increased.

Avoidance Measure 7: Prior to commencement of construction activities, tree protection fencing should be placed around all protected trees proposed to be preserved onsite. The fencing should be installed a minimum of 1 foot beyond the driplines of the protected trees and should remain intact until construction has been completed. Fencing may include, but is not limited to, chain-link fencing or high-visibility construction fencing.

Chapter 4 Avoidance Measures and Restoration Benefits

4.4 Tree Protection
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CHAPTER 5
References and Report Preparation

5.1 References
Airola, D. A., and N. Shubert. 1981. Reproductive success, nest site selection, and management of ospreys at Lake Almanor, California. Cal-Neva Wildlife Trans. 1981:79–85.

Audubon Society. 2018. Places to Bird in Inland Mendocino County. Peregrine Audubon Society.

Last revised August 18, 2018.
———. 2019. Making A Good Home for Grasshopper Sparrows. Audubon Pacific Flyway.

Accessed online: https://ca.audubon.org/making-good-home-grasshopper-sparrows.

Ashton, D.T., A.J. Lind, and K.E. Schlick. 1998. Foothill Yellow-Legged Frog (Rana boylii) Natural History. USDA Forest Service, Pacific Southwest Research Station, Redwood Sciences Laboratory, Arcata, CA.

Bondi, C.A., S.M. Yarnell, and A.J. Lind. 2013. Transferability of Habitat Suitability Criteria for a Stream Breeding Frog (Rana boylii) in the Sierra Nevada, California. Herpetological Conservation and Biology 8(1):88–103.

Bourque, R.M. 2008. Spatial Ecology of an Inland Population of the Foothill Yellow-legged Frog (Rana boylii) in Tehama County, California. Master's Thesis. Humboldt State University, Arcata, CA.

California Department of Fish and Wildlife (CDFW). 2019. California Natural Diversity Database (CNDDB) search for the U.S. Geological Survey 7.5-minute Ukiah, Laughlin Range, Redwood Valley, Potter Valley, Cow Mountain, Purdys Gardens, Elledge Peak, Boonville, Orrs Springs topographic quadrangles; information accessed May 20, 2019. ———. 2018. California Natural Community List. CNDDB. October 15, 2018. ———. 2000. California Wildlife Habitat Relationships System. Foothill Yellow-Legged Frog.

Written by: S. Morey. January, 2000.

California Native Plant Society (CNPS). 2018. CNPS Electronic Inventory of Rare and Endangered Plants of California data request for the Ukiah, U.S. Geological Survey 7.5- minute topographic quadrangle, and surrounding 8 quadrangles.

City of Ukiah. 1995. Ukiah Valley General Plan and Growth Management Program. Open Space and Conservation. Adopted 1995.
———. 2014a. Tree Management Guidelines and Policies for the Operation and Maintenance of City Property. Adopted 12/1/10 and revised 11/19/14. November 11, 2014.

Chapter 5 References and Report Preparation

5.1 References
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———. 2014b. Landmark Tree Program Guidelines and Policies. November 14, 2014.

County of Mendocino. 2009. Mendocino County General Plan. August 2009. ———. 2011. Ukiah Valley Area Plan. Adopted August 2, 2011.

Environmental Science Associates, 2019. Riverside Park Regeneration Project, Aquatic Resources Delineation Report, City of Ukiah, Mendocino County, California. Prepared for Melton Design Group, May, 2019.

Federal Emergency Management Agency (FEMA). 2019. FEMA Flood Map Service Center; Flood Insurance Rate Map (FIRM). Accessed June 2019. Available:
https://msc.fema.gov/portal/home.

Fitch, H.S. 1938. Rana boylii in Oregon. Copeia 3:148.

French, J. M., and J. R. Koplin. 1977. Distribution, abundance, and breeding status of ospreys in northwestern California. Pages 223-240 in J. C.Ogden, ed. north American Osprey Research Conf. U.S. Natl. Park Serv. Trans. and Proc. Series 2. 258 pp.

Garber, D. P. 1972. Osprey study, Lassen and Plumas counties, California, 1970–71. Calif. Dep.

Fish and Game, Sacramento. Wildl. Manage. Br. Admin. Rep. 72-1. 33 pp.

Gonsolin, T.E. 2010. Ecology of Foothill Yellow-legged Frogs in Upper Coyote Creek, Santa Clara County, CA. Master’s Thesis. San Jose State University, San Jose, CA.

Hayes, M.P., C.A. Wheeler, A.J. Lind, G.A. Green, and D.C. Macfarlane (Technical Coordinators). 2016. Foothill Yellow-Legged Frog Conservation Assessment in California.

Gen. Tech. Rep. PSW-GTR-248. U.S. Department of Agriculture, Forest Service, Pacific Southwest Research Station, Albany, CA.

Hayes, M.P., and M.R. Jennings. 1988. Habitat Correlates of Distribution of the California Redlegged Frog (Rana aurora draytonii) and the Foothill Yellow-Legged Frog (Rana boylii):

Implications for Management. pp. 144–158 In: Management of Amphibians, Reptiles, and Small Mammals in North America, Gen. Tech. Rep. RM-166 R.C. Szaro, K. E. Severson, and D. R. Patton (Technical Coordinators). USDA Forest Service, Rocky Mountain Forest and Range Experiment Station, Fort Collins, CO.

Hemphill, D.V. 1952. The Vertebrate Fauna of the Boreal Areas of the Southern Yolla Bolly Mountains, California. PhD Dissertation. Oregon State University, Corvalis.

Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California, California Department of Fish and Game, Sacramento, CA.

Jennings, M. R. and M. P. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California, Final Report submitted to the California Department of Fish and Game, Inland Fisheries Division, Rancho Cordova, California.

Kupferberg, S.J. 1996. Hydrologic and Geomorphic Factors Affecting Conservation of a RiverBreeding Frog (Rana boylii). Ecological Applications 6(4):1322–1344.

Marcot, B. G., ed. 1979. Introduction Vol. I. California wildlife/habitat relationships program north coast/ cascades zone. USDA, For. Serv., Six Rivers Nat’l. Forest, Eureka, Calif.

Chapter 5 References and Report Preparation

5.1 References
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Mayer, K.E. and W.F. Laudenslayer, ed. 1988. A Guide to Wildlife Habitats of California, California Department of Forestry and Fire Protections, Sacramento, CA, 165 pp.

Mendocino County Resource Conservation District (MCRCD). 2012. Russian River Integrated Coastal Watershed Management Plan. June 2012.NatureServe, 2017. NatureServe Explorer.

National and Subnational Conservation Status Definitions. Accessed online:
https://www.fwspubs.org/doi/suppl/10.3996/102016-JFWM-079/suppl_file/10.3996102016- jfwm-079.s7.pdf. February 26, 2017.

National Marine Fisheries Service. 2016. West Coast Region, California. Intersection of USGS

7.5” Topographic Quadrangles with NOAA Fisheries ESA Listed Species, Critical Habitat, Essential Fish Habitat, and MMPA Species Data within California. Ukiah Quadrangle.

Nussbaum, R.A., E.D. Brodie, Jr., and R.M. Storm. 1983. Amphibians & Reptiles of the Pacific Northwest. University Press of Idaho, Moscow, ID.

PMC, 2009. The County of Mendocino General Plan. August, 2009.

Pierson, E.D., M.C. Wackenhut, J.S. Altenbach, P. Bradley, P. Call, D.L. Genter, C. E. Harris, B.L. Keller, B. Lengus, L. Lewis, B. Luce, K. W. Navo, J.M. Perkins, S. Smith, and L.

Welch. 1999. Species conservation assessment and strategy for Townsend’s big-eared bat (Corynorhinus townsendii townsendii and Corynorhinus townsendii pallescens). Idaho Conservation Effort, Idaho Department of Fish and Game, Boise, ID.

Reese, D. and Welsh, H. 1997. Use of Terrestrial Habitat by Western Pond Turtles, Clemmys marmorata: Implications for Management. USDA Forest Service. Proceedings: Conservation, Restoration, and Management of Tortoises and Turtles. An International Conference, pp. 352–357, held 1997 by the New York Turtle and Tortoise Society.

Rombough, C.J. 2006. Wintering Habitat Use by Juvenile Foothill Yellow-Legged Frogs (Rana boylii): The Importance of Seeps. Northwestern Naturalist 87:159.

Russian River Independent Science Review Panel (RRISRP), 2016. Conceptual Model of Watershed Hydrology, Surface Water and Groundwater Interactions and Stream Ecology for the Russian River Watershed.

RRISRP, 2002. Russian River Integrated Coastal Watershed Management Plan. Mendocino County Resources Conservation District. June 2012.

Sands, A., ed. 1977. Riparian forests in California, their ecology and conservation. University of California, Davis, Inst. Of Ecol. Publ. No. 15.

Shuford, W. D., and Gardali, T., editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.

State Water Resources Control Board (SWRCB). 2019. State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State. Adopted April 2, 2019.

Stebbins, R.C. 1985. A Field Guide to Western Reptiles and Amphibians. Peterson Field Guide Series. Houghton Mifflin Company, Boston, MA.
———. 2003. A Field Guide to Western Reptiles and Amphibians. Third edition Houghton Mifflin Company, Boston, MA. 533 pp.

Chapter 5 References and Report Preparation

5.2 Document Preparation
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Stebbins, R.C., and S.M. McGinnis. 2012. Field Guide to Amphibians and Reptiles of California.

Revised Edition. University of California Press, Berkeley, CA.

Thomas, J.W., tech ed. 1979. Wildlife habitats in managed forests in the Blue Mountains of Oregon and Washington. U.S. Dept. of Agric., For. Serv. Handbook No. 553.

Van Wagner, T.J. 1996. Selected Life-history and Ecological Aspects of a Population of Foothill Yellow-legged Frogs (Rana boylii) from Clear Creek, Nevada County, California. Master's Thesis. California State University, Chico, CA.

U.S. Department of Agriculture (USDA). 1997. Ecological Subregions of California report.

Section and Subsection Descriptions. Compiled by S. Miles and C. Goudey. Forest Service Pacific Southwest Region San Francisco, CA.

U.S. Forest Service (USFS). 2011. Foothill Yellow-legged Frog (Rana boylii) Ecology, River Regulation, and Conservation. Pacific Southwest Research Station. Available at:
https://www.fs.fed.us/psw/topics/wildlife/herp/rana_boylii/index.shtml.

U.S. Fish and Wildlife Service (USFWS). 2019. Information for Planning and Consultation (IPaC). Species list generated May 20, 2019, via: https://ecos.fws.gov/ipac/.

Western Bat Working Group (WBWG). 2005. Western Bat Working Group Species Accounts for all bats. http://www.wbwg.org/speciesinfo/species_accounts/allbats.pdf.

Wheeler, C.A., and H.H. Welsh, Jr. 2008. Mating Strategy and Breeding Patterson of the Foothill Yellow-legged Frog (Rana boylii). Herpetological Conservation and Biology 3(2):128–142.

Zeiner, D. C., W. F. Laudenslayer, Jr., and K.E. Mayer (compiling editors). 1988. California’s Wildlife, Volume I, Amphibians and Reptiles, California Statewide Wildlife Habitat Relationships System, California Department of Fish and Game, Sacramento, CA.

Zeiner, D.C., W.F. Laudenslayer, Jr., K.E. Mayer, and M. White, eds. 1988–1990. California's Wildlife, Volumes I–III, California Statewide Wildlife Habitat Relationships System, California Department of Fish and Game, Sacramento, CA.

5.2 Document Preparation
Prepared by: Elizabeth Hill, Biologist
Brian Pittman, CWB
Environmental Science Associates
1425 N. McDowell Blvd., Suite 200
Petaluma, CA 94928

Appendix A
Regulatory Context

Appendix A Regulatory Context
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Federal
U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service (USFWS) administers the FESA (16 U.S. Code [USC] 153 et seq.), the MBTA (16 USC 703–711), and the Bald and Golden Eagle Protection Act (16 USC 668). These regulations are described below.

Federal Endangered Species Act. Under the FESA, the Secretary of the Interior and the Secretary of Commerce have joint authority to list a species as threatened or endangered (16 USC § 1533(c)). Two federal agencies oversee the FESA: the USFWS has jurisdiction over plants, wildlife, and resident fish, while the National Marine Fisheries Service (NMFS) has jurisdiction over anadromous fish and marine fish and mammals. Section 7 of the FESA mandates that federal agencies consult with the USFWS and NMFS to ensure that federal agency actions do not jeopardize the continued existence of a listed species or destroy or adversely modify critical habitat for listed species. The FESA prohibits the “take”2 of any fish or wildlife species listed as threatened or endangered, including the destruction of habitat that could hinder species recovery.

Section 10 requires the issuance of an “incidental take” permit before any public or private action may be taken that could take an endangered or threatened species. The permit requires preparation and implementation of a habitat conservation plan (HCP) that would offset the take of individuals that may occur, incidental to implementation of a proposed Project, by providing for the protection of the affected species.

Pursuant to the requirements of the FESA, a federal agency reviewing a Project within its jurisdiction must determine whether any federally listed threatened or endangered species may be present in the Project area and whether the proposed action will have a potentially significant impact on such species. In addition, the agency is required to determine whether the proposed action is likely to jeopardize the continued existence of any species proposed to be listed under FESA or result in the destruction or adverse modification of critical habitat proposed to be designated for such species (16 USC § 1536(3), (4)). No federal actions apply to the Study Area.

Critical Habitat. The USFWS designates critical habitat for listed species under FESA. Critical habitat designations are specific areas within the geographic region that are occupied by a listed species that are determined to be critical to its survival and recovery in accordance with FESA.

Federal entities issuing permits or acting as a lead agency must show that their actions do not negatively affect the critical habitat to the extent that it impedes the recovery of the species. The Study Area is not within designated critical habitat.

Migratory Bird Treaty Act (16 U.S.C. §§703–711)
The MBTA is the domestic law that affirms and implements a commitment by the U.S. to four international conventions (with Canada, Mexico, Japan, and Russia) for the protection of a shared migratory bird resource. Unless and except as permitted by regulations, the MBTA makes it 2 Take is defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, collecting, or attempting to engage in any such conduct.

Appendix A Regulatory Context
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unlawful at any time, by any means, or in any manner to intentionally pursue, hunt, take, capture, or kill migratory birds anywhere in the United States. The law also applies to the intentional disturbance and removal of nests occupied by migratory birds or their eggs during the breeding season. On December 22, 2017, U.S. Department of the Interior redefined “incidental take” under the MBTA such that, “the MBTA's prohibition on pursuing, hunting, taking, capturing, killing, or attempting to do the same applies only to direct and affirmative purposeful actions that reduce migratory birds, their eggs, or their nests, by killing or capturing, to human control.”3 Thus, the federal MBTA definition of “take” does not prohibit or penalize the incidental take of migratory birds that results from actions that are performed without motivation to harm birds. This interpretation differs from the prior federal interpretation of “take”, which prohibited all incidental take of migratory birds, whether intentional or incidental.

Bald and Golden Eagle Protection Act
The Bald and Golden Eagle Protection Act, enforced by the USFWS, makes it illegal to import, export, take (which includes molest or disturb), sell, purchase, or barter any bald eagle (Haliaeetus leucocephalus) or golden eagle (Aquila chrysaetos) or parts thereof. This Act would apply to the Study Area if bald eagles or golden eagles are present in or in the vicinity of the Study Area.

U.S. Army Corps of Engineers
Clean Water Act, Section 404. The U.S. Army Corps of Engineers (Corps) administers CWA Section 404. Section 404 regulates activities in wetlands and “other waters of the United States.” Wetlands are a subset of “waters of the United States” that are defined in the CFR (33 CFR 328.3[a]; 40 CFR 230.3[s]) as:

1. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide.

2. All interstate waters including interstate wetlands. (Wetlands are defined by the federal government [33 CFR 328.3(b), 1991] as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions).

3. All other waters—such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds—the use, degradation, or destruction of which could affect interstate or foreign commerce. This includes any waters with the following current or potential uses:
• That are or could be used by interstate or foreign travelers for recreational or other purposes,
• From which fish or shellfish are or could be taken and sold in interstate or foreign commerce, or
3 U.S. Department of the Interior, 2017. “The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Office of the Solicitor, Memorandum (M-37050) to Secretary, Deputy Secretary, Assistant Secretary for Land and Minerals Management, and Assistant Secretary for Fish and Wildlife and Parks Department, December 22, 2017.

Appendix A Regulatory Context
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• That are used or could be used for industrial purposes by industries in interstate commerce.

4. All impoundments of waters otherwise defined as waters of the United States under the definition.

5. Tributaries of waters identified in paragraphs (1) through (4).

6. Territorial seas.

7. Wetlands next to waters identified in paragraphs (1) through (6).

8. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding the Clean Water Act jurisdiction remains with the U. S. Environmental Protection Agency (328.3[a][8] added 58 CFR 45035, August 25, 1993).

According to the unverified Aquatic Resources Delineation (ESA, 2019), regulatory waters under the jurisdiction of the Corps do not occur in the Study Area.

State
California Department of Fish and Wildlife
The California Department of Fish and Wildlife (CDFW), formerly identified as the California Department of Fish and Game, administers a number of laws and programs designed to protect fish and wildlife resources under the Fish and Game Code (FGC), such as CESA (FGC Section 2050, et seq.), Fully Protected Species (FGC Section 3511), Native Plant Protection Act (FGC Sections 1900 to 1913) and Lake or Streambed Alteration Agreement Program (FGC Sections 1600 to 1616). These regulations are described below.

California Endangered Species Act. In 1984, the State of California implemented CESA, which prohibits the take of State-listed endangered and threatened species; although, habitat destruction is not included in the State’s definition of take. Section 2090 requires State agencies to comply with endangered species protection and recovery and to promote conservation of these species.

The CDFW administers the act and authorizes take through California Fish and Game Code Section 2081 agreements (except for designated “fully protected species,” see below). Unlike its federal counterpart, CESA protections apply to candidate species that have been petitioned for listing, such as foothill yellow-legged frog.

Regarding listed rare and endangered plant species, CESA defers to the California Native Plant Protection Act (see below).

California State Fish and Game Code §§ 3503, 3503.5, and 3513 Under these sections of the FGC, the Project operator is not allowed to conduct activities that would result in the taking, possessing, or destroying of any birds of prey; the taking or possessing of any migratory nongame bird; the taking, possessing, or needlessly destroying of the nest or eggs of any raptors or nongame birds; or the taking of any nongame bird pursuant to FGC Section 3800. FGC §3513 adopts the federal Department of the Interior take provisions under the

Appendix A Regulatory Context
Riverside Park Regeneration Project A-4 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
MBTA.4 Several common and special status birds have the potential to nest in the Study Area and are protected by the FGC.

Lake or Streambed Alteration Program. The CDFW regulates activities that would interfere with the natural flow of, or substantially alter, the channel, bed, or bank of a lake, river, or stream.

Section 1602 of FGC requires notification of the CDFW for lake or stream alteration activities. If, after notification is complete, the CDFW determines that the activity may substantially adversely affect an existing fish and wildlife resource, the CDFW has authority to issue a Streambed Alteration Agreement under Section 1603 of the FGC. Requirements to protect the integrity of biological resources and water quality, such as the riparian woodland community and seasonal wetlands found in the Study Area, are often conditions of Streambed Alteration Agreements.

These may include avoidance or minimization of heavy equipment use within stream zones, limitations on work periods to avoid impacts to wildlife and fisheries resources, and measures to restore degraded sites or compensate for permanent habitat losses.

Species of Special Concern. CDFW maintains lists for candidate-endangered species and candidate-threatened species. California candidate species are afforded the same level of protection as listed species. California also designates species of special concern, which are species of limited distribution, declining populations, diminishing habitat, or unusual scientific, recreational, or educational value. These species do not have the same legal protection as listed species or fully protected species, but may be added to official lists in the future. CDFW intends the species of special concern list to be a management tool for consideration in future land use decisions. Foothill yellow legged frog, a CDFW species of special concern, has the potential to disperse through the Study Area.

State Water Resources Control Board
Porter Cologne Water Quality Act. The State Water Resources Control Board (SWRCB), through its nine Regional Water Quality Control Boards (RWQCB), regulates waters of the State through the California Clean Water Act (i.e., Porter-Cologne Act). If the Corps determines wetlands or other waters to be isolated waters and not subject to regulation under the federal CWA, the RWQCB may choose to exert jurisdiction over these waters under the Porter-Cologne Act as waters of the State. The two seasonal wetlands (SW-1 and SW-2) within the Study Area are considered sensitive natural communities and waters of the State: a water-filled depression (0.14 acres) and an ephemeral ditch that conveys stormwater (0.038 acres). Seasonal wetlands in the Study Area qualify as waters of the State falling under the RWQCB jurisdiction. Impacts to this community, even if beneficial, as a result of enhancement may require a Waste Discharge Permit from the RWQCB through the Porter Cologne Water Quality Act. CDFW also has the ability to enforce certain water quality provisions in state law. 4 State Assembly Bill 2627, introduced in February 2018, would amend Section 3513 of Fish and Game Code relating to migratory birds. The bill would amend California law to clarify that the State of California may issue orders, rules, or regulations that are more protective of migratory nongame birds than the rules or policies set forth by the Department of the Interior. AB 2627 would not, in itself, restore incidental take protection to migratory nongame birds in California.

Appendix A Regulatory Context
Riverside Park Regeneration Project A-5 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
Local
City of Ukiah General Plan
The City of Ukiah values natural resources and open space for their significance to the heritage, identity, and quality of life of the community. The Open Space and Conservation Element of the City’s General Plan focuses on the protection and enhancement of limited natural resources within the city. The following goals are relevant to the Project:

Goal OC-7: Ensure the health and viability of the Russian River and its tributaries.

Goal OC-22: Conserve and replenish valley oaks in the Valley.

Goal OC-23: Native plant landscaping shall be encouraged.

Ukiah Valley Area Plan
The Ukiah Valley Area Plan (UVAP) represents a commitment to a comprehensive and long range inter-jurisdictional planning document that represents the vision and foresight of the people who live and work in the Ukiah Valley. The Plan is an element of the Mendocino County General Plan governing land use and development on the unincorporated lands in the Ukiah Valley. The following goals are relevant to the Project:

Goal OC-1: Maintain and enhance the area’s natural resources by balancing protection, conservation, replenishment and sustainable use.

Goal OC-2: Conserve open space, hillsides, and indigenous habitats for the enjoyment of future generations.

Appendix B
Special-Status Species
Considered in the Study Area

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-1 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE B-1

SPECIAL-STATUS WILDLIFE AND PLANT SPECIES WITH POTENTIAL TO OCCUR IN THE STUDY AREA Common Name Scientific Name Status Habitat and Seasonal Distribution in California Likelihood of Occurrence

WILDLIFE
Reptiles
Western pond turtle Actinemys marmorata Fed: none
CA: SSC
General: A thoroughly aquatic turtle of ponds, marshes, rivers, streams, and irrigation ditches with aquatic vegetation.

Micro: Need basking sites and suitable (sandy banks or grassy open fields) upland habitat for egg-laying.

Moderate: There are no accessible water
features located in or near the Study Area
that would support this species.

Amphibians
Foothill
yellow-legged frog
Rana boylii Fed: none
CA: Candidate
Threatened
General: Pacific Coast drainages and lower western slopes of Sierra Nevada mountains in a variety of habitats such as (valleyfoothill hardwood, valley-hardwood conifer, valley-foothill riparian, ponderosa pine, mixed conifer, coastal scrub, mixed chaparral, and wet meadows.)
Micro: Permanent water source such as rivers and streams with a rocky substrate.

Moderate: Nearest recent occurrence
along Mill Creek, less than 0.5 miles south
of the Study Area. Historically documented
along the Russian River within Ukiah
Valley. Several occurrences in region all
along tributary streams to Russian River.

California
red-legged frog
Rana draytonii Fed: FT
CA: SSC
General: lowlands and foothills in or near permanent sources of deep water with dense, shrubby or emergent riparian vegetation.

Micro: Requires 11–20 weeks of permanent water for larval development. Must have access to aestivation habitat.

Absent: Study Area outside known range.

Red-bellied newt Taricha rivularis Fed: none
CA: SSC
General: Abundant in most of the ranges where they are found:

Sonoma, Mendocino, Humboldt and Lake counties.

Micro: Primarily inhabit redwood forests. Requires rapid permanent streams with rocky substrate within proximity to redwood forest for breeding.

Low: Lack of nearby redwood forests from
the Study Area precludes its presence.

Birds
Cooper’s hawk Accipiter cooperi Fed: none
CA: WL
Nests in dense oak and riparian woodland. Low (nesting): Limited suitable nesting habitat in the Study Area.

Northern goshawk Accipiter gentilis Fed: none
CA: none
Nests in coniferous ad mixed forests. Low (nesting): Lack of dense coniferous stands in the Study Area.

Sharp-shinned
hawk
Accipiter striatus Fed: none
CA: WL
Nests in dense oak and riparian woodland. Low (nesting): Limited suitable nesting habitat in the Study Area.

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-2 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE B-1

SPECIAL-STATUS WILDLIFE AND PLANT SPECIES WITH POTENTIAL TO OCCUR IN THE STUDY AREA Common Name Scientific Name Status Habitat and Seasonal Distribution in California Likelihood of Occurrence Tricolored blackbird Agelaius tricolor Fed: none
CA: ST
General: highly colonial species, most numerous in central valley and vicinity. Largely endemic to California.

Micro: requires open water, protected nesting substrate, and foraging area with insect prey within a few kilometers of the colony.

Low (nesting colony): There is no
suitable nesting habitat in the Study Area.

Site contains potential for suitable habitat.

Grasshopper
sparrow
Ammodramus
savannarum
Fed: none
CA: SSC
General: Dense, dry and well-drained native grassland with mix of grasses and forbs.

Micro: Scattered shrubs for singing perches, and nests in a slight depression on the ground built out of grasses and forbs at the base of a clump of grass. Requires breeding sites of at least 30 contiguous acres, and prefers native grass sites greater than 100 acres (Audubon Society, 2019).

Low (nesting): Low-quality suitable
nesting habitat is present in the grasslands
of the Study Area; however, size of habitat
in Study Area limits breeding opportunities.

Historical breeding sites not known to
Ukiah region. Could forage or fly through
the Study Area.

Golden eagle Aquila chrysaetos Fed: BGEPA
CA: SFP
General: Nests on cliffs or tall trees, breeding from late Jan–Aug. with a peak from Mar–July. Preferred foraging habitat is annual grasslands that support small mammals such as rabbits and ground squirrels.

Low (nesting): Potential foraging habitat
for golden eagle occurs in annual
grasslands in the Study Area. Nesting
habitat is not available in the Study Area.

Swainson’s hawk Buteo swainsoni Fed: none
CA: ST
General: Breeds in grasslands with scattered trees, juniper-sage flats, riparian areas, savannahs, and agricultural or ranch.

Micro: Requires adjacent suitable foraging areas such as grasslands, or alfalfa or grain fields supporting rodent populations.

Low (nesting): Swainson’s hawk breeding
sites have not been documented in the
Study Area; however, species is known to
occur over Ukiah Waste Water Treatment
Plant (Audubon Society, 2018),
approximately 2 miles south of Study Area.

Northern harrier Circus cyaneus Fed: none
CA: SSC
General: Coastal salt and fresh-water marsh. Nest and forage in grasslands, from salt grass in desert sink to mountain cienagas.

Micro: nests on ground in shrubby vegetation, usually at marsh edge; nest built of a large mound of sticks in wet areas.

Low (nesting): Suitable foraging habitat is
present in the grasslands of the Study
Area; however, nesting sites are not
documented in project vicinity. Study Area
lacks abundance marsh vegetation for
nesting habitat.

White-tailed kite Elanus leucurus Fed: none
CA: SFP
General: Rolling foothills and valley margins with scattered oaks, and rivers or marshes next to deciduous woodland.

Micro: Open grasslands, meadows, or marshes for foraging close to isolated, dense-topped trees for nesting and perching.

Moderate: Annual grasslands provide
suitable foraging habitat. Limited perches
in the Study Area for this species.

American peregrine
falcon
Falco peregrinus
anatum
Fed: FD, BCC
CA: SFP
General: Nests near wetlands, lakes, rivers or other water on high cliffs, banks, dunes and mounds.

Micro: Breeds and feeds near water. Nest is a scrape on a depression or ledge in an open site. Will use human-made structures or tree snags, or old raptor nests.

Low (nesting): No suitable nesting habitat
for this species in the Study Area;
however, species has been documented in
the vicinity of Study Area (eBird, 2019).

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-3 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE B-1

SPECIAL-STATUS WILDLIFE AND PLANT SPECIES WITH POTENTIAL TO OCCUR IN THE STUDY AREA Common Name Scientific Name Status Habitat and Seasonal Distribution in California Likelihood of Occurrence Bald eagle Haliaeetus
leucocephalus
Fed: FD
CA: SE, SFP
General: Large bodies of water, or free flowing rivers abundant with fish. Requires adjacent snags and perches near water source for nesting and foraging.

Micro: Dense old-growth, dominate trees with open branch work, and less than 40% canopy for nesting.

Low: There is no suitable habitat in the
Study Area to support nesting or foraging
of this species; however, species has been
documented in vicinity of Study Area
(eBird, 2019).

Yellow-breasted
chat
Icteria virens Fed: none
CA: SSC
General: Inhabits riparian thickets of willow and other brushy shrubs near watercourses.

Micro: Nests in low, dense riparian, consisting of willow, blackberry, wild grape; forages and nests within 10 feet of ground.

Low: Known to occur in the region;
however, nesting sites have not been
documented recently in Mendocino south
of Willits.

Osprey Pandion haliaetus Fed: none
CA: WL
General: Ocean shore, bays, freshwater lakes, and larger streams. Moderate (nesting): Known nesting site documented along the Russian River
within 10 miles of the Study Area. Known
to migrate through Study Area (eBird,
2019).

Yellow warbler Setophaga petechia Fed: BCC
CA: SSC
General: Frequents riparian and wooded habitats.

Micro: Frequently found nesting and foraging in willow shrubs and thickets, and in other riparian plants including cottonwoods, sycamores, ash, and alders.

Low (nesting): Species may migrate
through site (eBird, 2019); however, no
nesting sites have been documented in the
9-quad radius of Study Area.

Northern spotted
owl
Strix occidentalis
caurina
Fed: FT
CA: ST
General: Old growth forests; uses same site for years.

Micro: Tree hollows, broken tree tops, or crevices in cliffs or caves.

Low: Species may migrate through Study
Area; nearest known breeding site is
approximately 7 miles east of the Study
Area in rural forested territory.

Mammals
Pallid bat Antrozous pallidus Fed: none
CA: SSC
General: A wide variety of habitats is occupied, including grasslands, shrublands, woodlands, and forests from sea level up through mixed conifer forests. The species is most common in open, dry habitats with rocky areas for roosting.

Micro: Roosts in buildings, caves, tree hollows, crevices, mines, and bridges.

Moderate: Nearest occurrence 8 miles
northeast of the Study Area. Tree hollows
and crevices in Study Area could provide
suitable roosting habitat.

Sonoma tree vole Arborimus pomo Fed: none
CA: none
General: Along north coast of Sonoma north to Oregon border, generally within fog belt.

Micro: Old-growth and other forests, mainly Douglas fir, redwood, and montane hardwood-conifer habitats.

Low: Lack of suitable habitat in Study
Area.

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-4 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE B-1

SPECIAL-STATUS WILDLIFE AND PLANT SPECIES WITH POTENTIAL TO OCCUR IN THE STUDY AREA Common Name Scientific Name Status Habitat and Seasonal Distribution in California Likelihood of Occurrence Townsend’s
big-eared bat
Corynorhinus
townsendii
Fed: none
CA: SSC
General: Found in all habitats except subalpine and alpine habitats, and may be found at any season throughout its range.

Micro: Roost in caves, mines, and tunnels with minimal disturbance but can also be found in abandoned open buildings or other human-made structures. Conspicuous rooster, sensitive to disturbance.

Low: There are no CNDDB occurrences
reported within 10 miles of the Study Area.

There is no suitable habitat in the Study
Area.

North American
porcupine
Erethizon dorsatum Fed: none
CA: none
General: Wooded areas throughout the state. Low: Lack of suitable habitat.

Fisher – West
Coast DPS
Pekania pennanti Fed: none
CA: ST, SSC
General: Late successional coniferous or mixed forests.

Micro: Relatively large diameter trees, high canopy closure, large trees (hardwood and conifer) with cavities, and large down wood.

Low: Lack of late successional coniferous
forests with large diameter trees with
cavities. Nearest most-recent occurrence
of the fisher to the Study Area is
approximately 12 miles north of the Study
Area.

PLANTS
Raiche’s manzanita Arctostaphylos
stanfordiana ssp.
raichei
Fed: none
CA: none
CRPR: 1B.1
General: Chaparral, lower montane coniferous forest.

Micro: Rocky, serpentine sites. Slopes and ridges. Found in elevations 1,591–3,510 feet.

Blooming: Feb–April.

Low: Commonly found on slopes in region,
which are not present in Study Area. Not
identified during botanical survey.

Sonoma sunshine Blennosperma bakeri Fed: FE
CA: SE
CRPR: 1B.1
General: Vernal pools, valley and foothill grassland.

Micro: Vernal pools. Found in elevations 32–950 feet.

Blooming: March–May.

Low: Micro habitat not found in Study
Area. Not identified during botanical
survey.

Bristly sedge Carex comosa Fed: none
CA: none
CRPR: 2B.1
General: Marshes and swamps, coastal prairie, valley and foothill grassland.

Micro: Lake margins, wet places. Found at elevations between -16 (Delta Island) and 3,313 feet.

Blooming: May–Sept.

Low: Micro habitat not found in Study
Area. Not identified during botanical
survey.

Rincon Ridge
ceanothus
Ceanothus confusus Fed: none
CA: none
CRPR: 1B.1
General: Closed-cone coniferous forest, chaparral, cismontane woodland.

Micro: Known from volcanic or serpentine soils, dry shrubby slopes.

Found at elevations ranging from 492 to 4,199 feet.

Blooming: Feb–June.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-5 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE B-1

SPECIAL-STATUS WILDLIFE AND PLANT SPECIES WITH POTENTIAL TO OCCUR IN THE STUDY AREA Common Name Scientific Name Status Habitat and Seasonal Distribution in California Likelihood of Occurrence Roderick’s fritillary Fritillaria roderickii Fed: none
CA: SE
CRPR: 1B.1
General: Coastal bluff scrub, coastal prairie, valley and foothill grassland. Found at elevations ranging from 65 to 2,001 feet. Micro:

Grassy slopes, mesas
Blooming: Mar–May.

Low: Commonly found on slopes in region,
which are not present in Study Area. Not
identified during botanical survey.

Boggs lake hedgehyssop
Gratiola heterosepala Fed: none
CA: SE
CRPR: 1B.2
General: Marshes and swamps.

Micro: clay; found at elevations ranging from 13 to 7,906 feet.

Blooming: Apr–Aug.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

Glandular western
flax
Hesperolinon
adenophyllyum
Fed: none
CA: none
CRPR: 1B.2
General: Chaparral, cismontane woodland, valley and foothill grassland.

Micro: Serpentine soils; generally found in serpentine chaparral; found at elevations ranging from: 1,394 to 4,412 feet.

Blooming: May–Aug.

Low: Study Area’s elevation is out of
species’ range. Not identified during
botanical survey.

Bolander’s horkelia Horkelia bolanderi Fed: none
CA: none
CRPR: 1B.2
General: Lower montane coniferous forest, chaparral, meadows and seeps, valley and foothill grassland.

Micro: Grassy margins of vernal pools and meadows 455 to 2,805 feet.

Blooming: (May)Jun–Aug.

Low: Micro habitat not found in Study
Area. Not identified during botanical
survey.

Burke’s goldfields Lasthenia burkei Fed: FE
CA: CE
CRPR: 1B.1
General: Vernal pools, meadows and seeps.

Micro: Most often in vernal pools and swales. 49 to 1,902 feet.

Blooming: Apr –Jun.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

Colusa layia Layia septentrionalis Fed: none
CA: none
CRPR: 1B.2
General: Chaparral, cismontane woodland, valley and foothill grassland.

Micro: Found at elevations ranging from 49 to 3,608 feet.

Blooming: Apr–May.

Low: Commonly found on slopes in region,
which are not present in Study Area. Not
identified during botanical survey.

Baker’s meadow Limnanthes bakeri Fed: none
CA: rare
CRPR: 1B.1
General: Marshes and swamps, valley and foothill grassland, meadows and seeps, vernal pools.

Micro: Seasonally moist or saturated sites within grassland; also in swales, roadside ditches & margins of freshwater marshy areas.

Found at elevations ranging from 574 to 3,001 feet.

Blooming: Apr–May.

Low: Likely extirpated in region.

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-6 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE B-1

SPECIAL-STATUS WILDLIFE AND PLANT SPECIES WITH POTENTIAL TO OCCUR IN THE STUDY AREA Common Name Scientific Name Status Habitat and Seasonal Distribution in California Likelihood of Occurrence Mendocino bushmallow
Malacothamnus
mendocinensis
Fed: none
CA: none
CRPR: 1A
General: Chaparral.

Micro: Open, roadside banks; found at elevations ranging from 1,394 to 1,886 feet.

Blooming: May–June.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

Baker’s navarretia Navarretia
leucocephala ssp.
bakeri
Fed: none
CA: none
CRPR: 1B.1
General: Cismontane woodland, meadows and seeps, vernal pools, valley and foothill grassland, lower montane coniferous forest.

Found at elevations ranging from 3 to 5,511 feet.

Micro: Vernal pools and swales; adobe or alkaline soils.

Blooming: Apr–Jul.

Low: Nearest local occurrence is in
proximity to Lake Mendocino. Threatened
by presence of non-native plants in Study
Area. Not identified during botanical
survey.

White-flowered rein
orchid
Piperia candida Fed: none
CA: none
CRPR: 1B.2
General: North Coast coniferous forest, lower montane coniferous forest, broad-leafed upland forest.

Micro: Sometimes on serpentine. Forest duff, mossy banks, rock outcrops, and muskeg. Found at elevations ranging from 20 to 5,298 feet.

Blooming: April–Jul.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

Mayacamas
popcornflower
Plagiobothrys
lithocaryus
Fed: none
CA: none
CRPR: 1A
General: Chaparral, cismontane woodland, valley and foothill grassland.

Micro: Moist sites; found at elevations ranging from 984 to 1,476 feet.

Blooming: April–May.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

North Coast
semaphore grass
Pleuropogon
hooverianus
Fed: none
CA: ST
CRPR: 1B.1
General: Broad-leafed upland forest, meadows and seeps, north coast coniferous forest.

Micro: Wet grassy, usually shady areas, sometimes freshwater marsh; associated with forest environments. Found at elevations ranging from 147 to 3,805 feet.

Blooming: Apr–Jun.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

Hoffman’s bristly
jewelflower
Streptanthus
glandulosus ssp.
hoffmanii
Fed: none
CA: none
CRPR: 1B.3
General: Chaparral, cismontane woodland, valley and foothill grassland.

Micro: Moist, steep rocky banks, in serpentine and non-serpentine soil. Found at elevations ranging from 60 to 2,509 feet.

Blooming: Apr–Jun.

Low: Micro habitat not found in Study
Area. Not identified during botanical
survey.

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-7 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE B-1

SPECIAL-STATUS WILDLIFE AND PLANT SPECIES WITH POTENTIAL TO OCCUR IN THE STUDY AREA Common Name Scientific Name Status Habitat and Seasonal Distribution in California Likelihood of Occurrence Beaked tracyina Tracyina rostrata Fed: none
CA: none
CRPR: 1B.2
General: Cismontane woodland, valley and foothill grassland, chaparral.

Micro: Open grassy meadows usually within oak woodland and grassland habitats. Found at elevations ranging from 492 to 2,591 feet.

Blooming: Apr–Jul.

Low: Disturbed soils of Study Area not
suitable for species. Not identified during
botanical survey.

Santa Cruz clover Trifolium
buckwestiorum
Fed: none
CA: none
CRPR: 1B.1
General: Coastal prairie, broad-leafed upland forest, cismontane woodland. Found at elevations ranging from 98 to 2,641 feet.

Micro: Moist grassland. Gravelly margins.

Blooming: Apr–Oct.

Low: No suitable habitat in Study Area.

Not identified during botanical survey.

NOTES:
n/a = not applicable; DPS = distinct population segment; CRPR = California Rare Plant Rank; NOAA Fisheries = National Oceanic and Atmospheric Administration Fisheries Service SPECIAL-STATUS PLANT AND WILDLIFE SPECIES:

Plant and Wildlife that were included in this table generally have a CRPR of 1 or 2, and were either observed within the Study Area by a ESA biologist, or contained within the query of the (1) CNDDB; (2) USFWS Endangered Species List; and/or (3) CNPS Online Inventory.

STATUS CODES:

Federal (USFWS or NOAA Fisheries):

BGEPA = Bald and Golden Eagle Protection Act
FE = Listed as Endangered by the Federal Government
FT = Listed as Threatened by the Federal Government
FPE = Proposed for Listing as Endangered
FPT = Proposed for Listing as Threatened
FD = Federal Delisted Species
FC = Candidate for Federal listing
State (CDFW):

SE = Listed as Endangered by the State of California
ST = Listed as Threatened by the State of California
SR = Listed as Rare by the State of California (plants only) SSC = California species of special concern
SC = California Candidate for listing as Endangered
SFP = California fully protected species
WL = Watch list
California Rare Plant Rank:

Rank 1A = Plants believed extinct;
Rank 1B = Plants rare, threatened, or
endangered in California and elsewhere.

Unless otherwise noted, Habitat and Seasonal Distribution in California is derived from habitat requirements provided by the CNDDB. Blooming period for plant species is derived from the CNPS Online Inventory.

LIKELIHOOD OF OCCURRENCE EVALUATIONS:

A rating of “present” indicates that the species has been observed in the Study Area; “high” potential indicates that this species is expected to occur on site or occurs locally to the area; “moderate” indicates that suitable habitat exists in the Study Area; “low” potential indicates that the Study Area is outside of the species’ described range or suitable habitat is absent.

Appendix A Special-Status Species Considered in the Study Area Riverside Park Regeneration Project B-8 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
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Appendix C
Plants Observed in the
Study Area

Appendix C Plants Observed in the Study Area
Riverside Park Regeneration Project C-1 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE C-1

UKIAH RIVERSIDE PARK PLANT SPECIES OBSERVED
Family Scientific Name Common Name
Adoxaceae Sambucus nigra ssp. caerulea Blue elderberry
Alismataceae Alisma sp. Water plantain
Apiaceae Anthriscus caucalis Bur-chervil
Conium maculatum Poison hemlock
Foeniculum vulgare Fennel
Torilis arvensis Hedge parsley
Apocynaceae Vinca major Greater periwinkle
Asteraceae Artemesia douglasiana Mugwort
Baccharis pilularis Coyote brush
Carduus pycnocephalus Italian thistle
Centaurea solstitialis Yellow star-thistle
Lactuca serriola Prickly lettuce
Logfia gallica
Matricaria discoidea Pineapple weed
Silybum marianum Milk thistle
Soliva sessilis Field burrweed
Sonchus sp. Sow’s ear
Tragopogon sp. Goat’s beard
Xanthium strumarium Cocklebur
Brassicaceae Brassica nigra Black mustard
Hirschfeldia incana Summer mustard
Lepidium latifolium Perennial pepperweed
Lepidium sp.

Raphanus sp. Wild radish
Caprifoliaceae Symphoricarpos albus var. laevigatus Snowberry Caryophyllaceae Cerastium glomeratum Sticky mouse-ear chickweed Spergularia sp. Sand-spurrey
Cyperaceae Carex barbarae Whiteroot sedge
Eleocharis macrostachya Spikerush
Cucurbitaceae Marah sp. Wild cucumber
Fabaceae Lupinus sp. Lupine
Medicago polymorpha Burclover
Trifolium glomeratum Clustered clover
Trifolium hirtum Rose clover
Vicia villosa Vetch
Fagaceae Quercus lobata Valley oak
Geraniaceae Erodium cicutarium Filaree
Erodium moschatum Filaree
Geranium dissectum Geranium

Appendix C Plants Observed in the Study Area
Riverside Park Regeneration Project C-2 ESA / 181242
Habitat Assessment December 2019
Preliminary − Subject to Revision
TABLE C-1

UKIAH RIVERSIDE PARK PLANT SPECIES OBSERVED
Family Scientific Name Common Name
Hypericaceae Hypericum perforatum Klamath weed
Juglandaceae Juglans hindsii Northern California black walnut Onagraceae Epilobium brachycarpum Willowherb
Epilobium ciliatum Fringed willowherb
Papaveraceae Eschscholzia californica California poppy
Plantaginaceae Plantago coronopus
Plantago lanceolata English plantain
Poaceae Aegilops sp. Goat grass
Avena fatua Wild oat
Bromus diandrus Ripgut brome
Bromus hordeaceus Soft brome
Bromus madritensis Foxtail brome
Elymus caput-medusae Medusa head
Elymus triticoides Creeping wild-rye
Festuca bromoides Brome fescue
Festuca perennis Rye grass
Hordeum marinum spp. gussoneanum Mediterranean barley
Hordeum murinum ssp. leporinum Hare barley
Polygonaceae Persicaria sp. Smartweed
Rumex conglomeratus Dock
Rumex crispus Curly dock
Pteridaceae Pentagramma triangularis Golden back fern
Rosaceae Prunus sp. Horticultural fruit tree
Rosa californica California rose
Rubus armeniacus Himalayan blackberry
Rubiaceae Galium aparine Goose grass
Galium murale Tiny bedstraw
Galium parisense Wall bedstraw
Salicaceae Salix exigua Sandbar willow
Salix lasiolepis Arroyo willow
Sapindaceae Acer negundo Box elder
Solanaceae Nicotiana sp. Wild tobacco
Vitaceae Vitis californica California wild grape

Attachment 4
City of Ukiah
Notice of Public Hearing and Intent to Adopt a
Mitigated Negative Declaration for
The Riverside Park Regeneration Project.

NOTICE IS HEREBY GIVEN that a Draft Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared and is available for public review, pursuant to the California Environmental Quality Act (CEQA). A public hearing has been tentatively scheduled to consider adoption of the IS/MND by the Ukiah City Council. See details below.

PROJECT DESCRIPTION: The Riverside Park Regeneration Project (Project) proposes to restore an 8.6-acre portion of Russian River floodplain within Riverside Park, a city-owned public park located in the City of Ukiah, California. The Project comprises preparation of the site, removal of existing concrete debris, grading/site recontouring, berm construction to enhance wetlands, and installation of a boardwalk, new wood deck observation platforms, new gravel pedestrian paths, ecologically appropriate landscaping, and signage and parking improvements.

PROJECT LOCATION: Ukiah Riverside Park: 1281 East Gobbi Street Ukiah, CA 95482. (APN 180-010-10).

PROJECT IMPACTS: The Draft IS/MND has been prepared for the Project and is available for public review and comment from January 27, 2022, through February 27, 2022. The IS/MND evaluates potential impacts associated with construction, operation, and maintenance of the Project, in accordance with CEQA. The analysis presented in this Initial Study has identified potentially significant impacts to Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Transportation, and Wildfire, attributable to the Project’s construction. However, with implementation of the mitigation measures described throughout the IS/MND, all impacts would be reduced to less-than-significant levels.

The IS/MND and associated documents can be found online at: http://www.cityofukiah.com/ceqa-review/ or at the Community Development Department, 300 Seminary Avenue, Ukiah, CA 95482. Written public comments may be submitted to Neil Davis, Director of Community Services via email at [email protected] or via mail (at the aforementioned address) attn. Neil Davis/Riverside Park Project. Please note that submitted comments become public record.

HEARING DATE/TIME: On March 15, 2023, at 6:00 p.m. or soon thereafter, the Ukiah City Council will conduct a public hearing and consider approval of the Project and adoption of the IS/MND. All hearings are being held on a virtual/in person hybrid basis. Meeting information and hearing documents may be found online no later than 72 hours prior to the hearing at: http://www.cityofukiah.com/meetings/.

FOR MORE INFORMATION: Interested parties may contact Neil Davis, Director of Community Services (707) 467- 5764 or [email protected] ; or visit the Community Development Department, located at 300 Seminary Ave.

Office hours: 8:00 am to 12:00 p.m. and 1:00 p.m. to 5:00 pm, Monday through Friday.

Findings to Adopt A Mitigated Negative Declaration
For the Riverside Park Regeneration Project
1 ATTACHMENT 5

FINDINGS TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR

THE RIVERSIDE PARK REGENERATION PROJECT PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

1. The City of Ukiah, as the Lead Agency, prepared an Initial Study and Mitigated Negative Declaration (ISMND) for the Riverside Park REgeneration Project (SCH No. 2023010549) under the California Environmental Quality Act (CEQA).

2. The Lead Agency (City) consulted with all responsible agencies and trustee agencies.

3. The Draft ISMND was circulated for public review from January 27, 2023 through February 27, 2023.

4. The ISMND analyzed areas of potential impacts and based on the conclusions reached within it, the Project would not significantly impact any environmental resources for the following reasons:
a. Temporary ground disturbing activities associated with vegetation removal, site grading, and trail improvements could result in direct significant impacts to to Air Quality, Biological Resources, Cultural Resources, Transportation, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, and Wildfire. However, mitigation measures identified within the Mitigation, Monitoring and Reporting Program (Section VIII of the ISMND) would adequately reduce all impacts to less than significant.
b. Impacts to Aesthetics, Agricultural and Forestry, Energy, Greenhouse Gases, Recreation, Noise, Public Services, and Utilties/Service Systems would be less than significant.
c. The Project would have no impact to Land Use and Planning, Mineral Resources, and Population and Housing.

5. Based on the findings and conclusions contained in the ISMND, 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 ISMND 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 ISMND, 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 ISMND 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 Section 15073:

Provided to property owners within 300 feet of the Project parcel, as well as agencies and departments with jurisdiction or interest over the project on January 27, 2023; posted on the City’s CEQA webpage during the public review period; posted at the Civic Center (glass case) on January 27, 2023; published in the Ukiah Daily Journal on January 28, 2023; posted at the

Findings to Adopt A Mitigated Negative Declaration
For the Riverside Park Regeneration Project
2 Mendocino County Clerk’s office on January 27, 2023; posted at the Project site on March 3 2023.

8. The ISMND 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 March 14, 2023, the City Council held a public hearing to receive public comment and consider approval of the ISMND for the Project. The ISMND was approved by the City Council via Resolution Number 23-XXXX and reflects the City Council’s independent judgment and and reflects the City Council’s independent judgment and analysis.

1 Attachment 6
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE RIVERSIDE PARK REGENERATION PROJECT.

WHEREAS:

1. The City of Ukiah, as the Lead Agency, prepared an Initial Study and Mitigated Negative Declaration (ISMND) for the Riverside Park Regeneration Project (SCH No. 2023010549) under the California Environmental Quality Act (CEQA); and

2. The Notice of Availability for the public review period for the ISMND, and the Notice of Intent to adopt the ISMND and conduct a public hearing were provided in the following manner, in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines Section 15073: Provided to property owners within 300 feet of the Project parcel, as well as agencies and departments with jurisdiction or interest over the project on January 27, 2023; posted on the City’s CEQA webpage during the public review period; posted at the Civic Center (glass case) on January 27, 2023; published in the Ukiah Daily Journal on January 28, 2023; posted at the Mendocino County Clerk’s office on January 27, 2023; posted at the Project site on March 3, 2023; and

3. The Draft ISMDN determined that, with the incorporation of mitigation measures, the Project would not have a significant effect on the environment and that a Mitigated Negative Declaration for the Project should be prepared; and

4. Based on the findings and conclusions contained in the ISMND, 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 ISMND and any comments received) that the Project would have a significant effect on the environment; and

5. The ISMND 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 Mitigated Negative Declaration, which consists of the Initial Study/Draft Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and the findings in support hereof, which have been completed in compliance with CEQA.

2. The Initial Study/Draft Mitigated Negative Declaration, which includes the Mitigation Monitoring and Reporting Program in Chapter 3, is set forth in Exhibit 1, and the findings in support hereof are set forth in Exhibit 2, attached hereto and by reference incorporated herein.

2 PASSED AND ADOPTED this day of , 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mari Rodin, Mayor
ATTEST:

Kristine Lawler, City Clerk

Resolution to Adopt a Mitigation Monitoring and
Reporting Program and ISMND for the
Ukiah Riverside Park Regeneration Project.

Neil Davis – Community Services Director
Attachment 7

Riverside Park Today
 Located at end of
Gobbi St. along
Russian River
 36 Acres
 Rusty Bowl BMX
 Little League Fields
 Trails and River Access

Riverside Park Today
 Located at end of
Gobbi St. along
Russian River
 36 Acres
 Rusty Bowl BMX
 Little League Fields
 Trails and River Access

Riverside Park History
 Shooting Range
 Waste Water
Treatment
 Street Sweeping
Repository
 Gravel Extraction

2000-2008

Project Area

Riverside Park Regeneration Project
Funding and Contractor
 CA Natural Resources Agency
 Urban Rivers Grant Program
 Riverside Floodplain Regeneration
Project
 $ 1,113,700
 Melton Design Group awarded
contract in February 2019
 Public Outreach including meetings
with CNPS, Audubon, and neighbors

Riverside Park Regeneration Project
CEQA
 Adopt CEQA and the Mitigation
Monitoring Plan.
 CEQA identifies project impacts
and proposes mitigations for
impacts that are deemed more
than significant.
 A monitoring plan must be in place
to assure that the mitigations will
be followed/implemented

21 Areas Assessed – 10 Areas Identified

Air Quality
 Reasonable precautions shall be
taken to prevent particulate matter
from becoming airborne…
 Utilization of “best practices.”
 Dust generating activities shall be
limited during periods of high winds
(over 15 mph).Two Part Time
Receptionists
 All haul trucks transporting soil,
sand, or other loose material off-site
shall be covered.
 All vehicle speeds on unpaved roads
shall be limited to 15 miles per hour.
 Worker Education and Awareness.
 Pre-construction Nest Surveys
 Bat-safe Tree Work.
 Riparian and Wetland Avoidance.

Biological Resources
Hazards and
Hazardous Materials
 Health and Safety Plan
 Soil and Groundwater Management
Plan

Cultural and
Tribal
Resources
 The City of Ukiah to include
mitigation as described into
construction specifications to
ensure procedures for discovery of
prehistoric or historic period
cultural materials are
implemented.
 In the event that cultural materials
are encountered during
construction, halt construction
within 100 feet of the find and
notify a Secretary of the Interior
qualified archaeologist.

Hydrology and
Water Quality
 SWPPP and Erosion and Sediment
Control Plan
Transportation
 Construction Traffic Management
Plan

CEQA Noticing
No Formal Comments Received
 Required 30 Days: January 27- February 27
 Posted at State Clearing House
 Posted in the Ukiah Daily Journal and at the
Project Site
 Posted at the County Clerk Office and on our
website
 Letters sent to property owners within 300 feet
of site.
 Left a hard copy at our front desk and noticed
at the front of City Hall.

Agenda Item No: 12.b.

MEETING DATE/TIME: 3/15/2023
ITEM NO: 2023-2419

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction of an Ordinance by Title Only Amending Various Sections of Ukiah City Code to Permit On-Site Consumption at Cannabis Dispensaries; and Approval of Planning Commission Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA).

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Planning Manager
PRESENTER: Jesse Davis, Chief Planning Manager; Darcy
Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Cannabis Consumption Area Planning Commission Resolution - Signed

2. Cannabis Consumption Area - Proposed Ordinance (Clean)

3. Cannabis Consumption Area - Proposed Ordinance (Redline) Summary: Council will consider adoption of an ordinance amending various sections of Ukiah City Code to allow for consumption of cannabis products in Cannabis Consumption Areas at permitted Cannabis Retailers and Cannabis Microbusinesses upon approval or modification of their associated Use Permit. If approved, Cannabis Consumption Areas shall adhere to the provisions of the City’s Anti-Smoking Ordinance (Division 5, Chapter 7, Article 4), undertake a review and renewal of operations after one (1) year of activity, and maintain compliance with all relevant State statutes and regulations. The proposed ordinance will allow for a substantially similar use that is currently afforded to businesses in the adjacent unicoporated area within the City of Ukiah's Sphere of Influence.

Background: On September 7, 2022, written and oral comment was provided to the Ukiah City Council during Audience Comments on Non-Agenda Items requesting that the City Council evaluate an ordinance amendment to allow for on-site consumption. Thereafter, the City Council requested that the Cannabis Ad-Hoc Committee review considerations provided during public expression in conjunction with Staff.

Subsequently, Community Development Staff facilitated a meeting of the Cannabis Ad-Hoc on October 19, 2022, and then addressed questions via email with members of the Ad-Hoc to develop a recommendation for modification of Ukiah City Code that addressed the public expression provided.

On February 6, 2023, after consideration of public input, the Planning Commission unanimously adopted a resolution (Attachment 1) recommending that the City Council adopt a proposed amendment to the City’s Municipal Code, and finding that the actions are categorically exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines.

Discussion: Presently, Ukiah City Code §9174.3(C)(5)(a) states: “Cannabis shall not be consumed on the premises of the cannabis retailer. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other surroundings within two hundred feet (200') of the cannabis retailer’s entrance.” Additionally, the consumption of cannabis in any public place, as defined by Ukiah City Code §9174.3(C)(5)(c), is similarly prohibited. This proposed Ordinance Amendment will not modify public consumption considerations nor will it restrict the ability of residential property owners to ban consumption of cannabis products on their properties or within their residential units. A clean copy of the proposed ordinance (Attachment 2), as well as a redlined version (Attachment 3) are attached to this item for review and consideration.

In 2018, the County of Mendocino allowed for on-site consumption of cannabis at retailers/dispensaries in locations that adhered to the provisions of Mendocino County Code Chapter 9.32 (Smoking Pollution Control and Health Protection Ordinance). In 2021, the County updated these regulations to incorporate language to facilitate the permitting of cannabis farmers’ markets, cannabis farm tours, cannabis lodging opportunities, and on-site consumption of cannabis at permitted cultivation sites. At that time, the County also added policies to streamline cannabis events, as well as align the previous on-site consumption policy with the California Business and Professions code for licensed retailers or microbusiness. When provided with an agency referral, both the Ukiah Police Department and the Mendocino County Sheriff's Office did not address any public safety concerns or recommend modifications to the proposed ordinance amendment.

Presently, within the City of Ukiah’s Sphere of Influence (SOI), five (5) cannabis retailers or microbusinesses facilitate on-site consumption in conjunction with their business. County regulations do not require the discretionary review of cannabis retail or on-site consumption on commercial properties, but rather a Cannabis Facility Business License (CFBL) via a Zoning Clearance from the Departments of Planning and Building Services (PBS) and Environmental Health (EH).

In general, the State allows for on-site consumption where locally authorized. Most of the State’s regulatory considerations regarding consumption focus on temporary cannabis events, which require both a Cannabis Event Organizer license, as well as a Temporary Cannabis Event license from the Department of Cannabis Control (DCC). To facilitate on-site consumption of cannabis products on a non-event basis, a Type 10:

Storefront Retail license is required from the DCC, even if the primary undertaking is not commercial retail, but an associated activity, such as a hotel that wants to facilitate an on-site consumption area.

While consumption is permissible by the State at cannabis events, with local authorization and appropriate licensure, this Ordinance Amendment does not alter the standards or requirements to facilitate events or gatherings on private property. In particular, Ukiah City Code §9174.3(C)(5)(c) would continue to prohibit the consumption of cannabis on parcels including, but not limited to, City-owned parks and at City-sponsored events.

Across California, an increasing number of municipalities are now facilitating on-site consumption in various formats, including the cities of West Hollywood, San Francisco, Palm Springs, Ojai, Port Hueneme, Santa Rosa, and Lompoc.

Pursuant to California Business and Professions Code Section 26200, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness per the following requirements:

1. Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.

2. Cannabis consumption is not visible from any public place or non-age-restricted area.

3. Sale or consumption of alcohol or tobacco is not allowed on the premises.

Until recently, the DCC did not allow the concurrent sale of non-cannabis infused food or drink at cannabis retailers. In 2022, however, the DCC updated its regulations to allow a retailer or microbusiness that operates a consumption area on the licensed premises in accordance with Business and Professions Code section 26200(g) to sell non-cannabis-infused and non-alcoholic food and beverages, if the applicable local jurisdiction allows such sales. The updated regulations also clarified that outside food and beverages (e.g., food-truck, delivery, etc.) may be allowed at a consumption lounge.

Facilitating an on-site consumption ordinance could address reasonable concerns that without designated areas, increased consumption will occur in public places or multi-unit housing where it is prohibited. This increase in consumption, especially in multi-unit housing, presents risks to vulnerable groups such as children and the elderly from second-hand smoke. It also increases risks related to unnecessary policing and

displacement of low-income and minority residents for cannabis use in their rental units or other public situations, which engenders potential criminal justice disparities. As noted, the City of Ukiah presently restricts the consumption of cannabis in public places, defined by Ukiah City Code §9174.3(C)(5)(c), and Staff is not recommending to alter those regulations at this time. Under this proposed ordinance amendment, indoor consumption of cannabis will be limited to edible products by ingestion only, and all on-site consumption will be regulated through the approval or modification of associated Use Permits. Additionally, on-site consumption will be required to adhere to the City’s Anti-Smoking Ordinance (Division 5, Chapter 7, Article 4).

Furthermore, the addition of §9174.3(C)(5)(d) adds language to clarify the location limitations for on-site consumption. These limitations ensure that Cannabis Consumption Areas are well-ventilated private areas partitioned from access to all other parts of the associated establishment, as well as adjacent properties, and that they are designed to prevent the flow of smoke to any other area of the establishment or adjacent property.

Many aspects related to Cannabis Consumption Areas will be site specific, which informs why requests will require modification or approval of a Use Permit. A major modification of a Major Use Permit is reviewed by the Planning Commission, unless the modification is determined to be de minimus (minor modification), in which case it is reviewed by the Zoning Administrator. By facilitating discretionary review, considerations specific to the business can be addressed and appropriate conditions of approval provided, if necessary.

On February 8, 2023, the Ukiah Planning Commission unanimously adopted a resolution making their recommendation to the City Council and finding that the proposed ordinance was categorically exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines. The Commission's determination concluded that the establishment of regulations to allow on-site consumption at commercial cannabis businesses did not meet any of the thresholds that would trigger a significant environmental impact, and thus, according to the "general rule exemption" (Section 15061 (b)(3)) of the CEQA Guidelines, no further environmental analysis was required. As described, the proposed ordinance amendment does not create any new land use considerations beyond partial utilization of the premises at a Cannabis Retailer or Microbusiness to engage in the consumption of cannabis.

Staff recommends the Council introduce the Ordinance by title only amending various sections of Ukiah City Code to permit on-site consumption at cannabis dispensaries. Staff also recommends the Council approve the Planning Commission's determination that the Ordinance is categorically exempt from CEQA pursuant to Section 15061 (b)(3) of CEQA Guidelines.

Recommended Action: Approve the introduction of the ordinance by title only amending various sections of Ukiah City Code to permit on-site consumption at cannabis retailers; and find the ordinance categorically exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines.

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; Craig Schlatter, Community Development Director
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
GENERAL PLAN (GP): GP ED-4; GP ED-6 (Policy ED-6.1); GP ED-10 (Policy ED-10.4)

Attachment #1

1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE TO PERMIT AND REGULATE

CANNABIS CONSUMPTION AREAS AT COMMERCIAL CANNABIS RETAIL BUSINESSES AND CANNABIS MICROBUSINESSES.

The City Council of the City of Ukiah hereby ordains as follows.

SECTION 1
Section 9174.2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.2 CANNABIS-RELATED BUSINESSES
* * *
F. Limitations on Locations of Cannabis Related Businesses

1. All Cannabis Related Businesses, as defined in Section 9278 of this code, operating subject to use permits under this chapter will operate indoors in a fully enclosed secure structure, as defined in Section 9254 of this Code, except as set forth in Section 9174.3(c)(5) of this Code regulating Cannabis Consumption Areas, and shall not be allowed in the following areas:
a. Within six hundred feet (600') of a school, as defined in section 5702P of this code, with that distance measured as the horizontal distance in a straight line from the property line of the school to the closest property line of the lot on which the Cannabis Related Business is to be located without regard to intervening structures, pursuant to California Health and Safety Code section 11362.768; or b. Within two hundred fifty feet (250') of a youth-oriented facility other than a school, as defined in section 5702R of this code, with that distance measured by street frontage from the property line of the youth-oriented facility to the closest property line of the lot on which the Cannabis Related Business is to be located, and not radial distance; or
c. Abutting, on any side of the parcel upon which the Cannabis Related Business is located, a parcel occupied by a youth-oriented facility or a school; or d. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation; or e. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned property, unless there are intervening nonresidential uses Attachment #2

2 between the Cannabis Related Business and the residential unit or the residentially zoned property that the decision-making entity charged with hearing and making the decision on the use permit application or the appeal of that decision determines sufficient to provide an appropriate separation.

2. A Cannabis Retailer, as defined in Section 9278 of this code, shall not be allowed within two hundred fifty feet (250') of another Cannabis Retailer, with that distance measured by street frontage from the property line of the other Cannabis Retailer to the closest property line of the lot on which the Cannabis Retailer is to be located, and not radial distance.

3. A waiver of the provisions in subsections F1a through e and F2 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Zoning Administrator or the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the cannabis-related business.

SECTION 2
Section 9174.3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.3 CANNABIS RETAILERS
A. Applicability: The standards and requirements in this Section apply specifically to Cannabis Retailers, as defined in Section 9278 of this Code, and other Cannabis Businesses with a retail component, and shall apply in addition to the requirements and standards for all Cannabis Businesses set forth in Section 9174.2 and elsewhere in this Code. In the event of any conflict between the requirements of this Section and those included elsewhere in the City Code, the requirements of this Section shall control.

B. Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meaning:

1. “Adult-use” means a person the age of 21 or over with a valid state ID, who is qualified to purchase cannabis from an established cannabis business.

2. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.

3. “Identification card” shall have the same definition as in California Health and

3 Safety Code section 11362.7, and as it may be amended.

4. “Medical cannabis” or “medicinal cannabis” means cannabis that is intended to be used for medical cannabis purposes in accordance with State law.

5. “On site” means an activity or accessory use that is related to the primary use – i.e., lawful, retail distribution of cannabis – and is located on the same legal parcel as the primary use.

6. “Primary caregiver” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.

7. "Qualified patient” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.

C. Operating Requirements

1. Minors: Persons under the age of eighteen (18) shall not be allowed on the premises of a Cannabis Retailer unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the Cannabis Retailer in question dispenses cannabis for medical use. Adult Use Cannabis Retailers shall only allow on the premises a person who is 21 years of age or older and who possesses a valid government-issued photo identification card.

2. Cannabis Retailer Access:
a. The entrance into the Cannabis Retailer building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance.
b. Cannabis Retailer personnel shall monitor site activity, control loitering and site access.
c. Only Cannabis Retailer staff, persons the age of twenty-one (21) and over, qualified patients over the age of eighteen (18) who are purchasing Medical cannabis, and persons with bona fide purposes for visiting the site shall be allowed on the premises.
d. Only a primary caregiver and qualified patient or persons the age of twentyone (21) and over shall be in the designated dispensing area with personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby.
e. Restrooms shall remain locked and under the control of management.

4 3. Operations:
a. The Cannabis Retailer may sell cannabis or cannabis products to an individual only in an amount consistent with personal possession and use limits allowed by the State
b. A Cannabis Retailer shall not have a physician on site to evaluate patients and provide a recommendation for medical cannabis.

4. Hours of Operation: Hours of operation are limited to nine o’ clock (9:00) A.M. to nine o’ clock (9:00) P.M., seven (7) days a week.

5. Consumption Restrictions:
a. Except as set forth in subdivisions b and c below, cannabis shall not be consumed on the premises of the Cannabis Retailer. The term “premises” includes the actual building, as well as any accessory structures, parking areas, or other surroundings within two hundred feet (200') of the Cannabis Retailer’s entrance.
b. Cannabis may be consumed in a designated Cannabis Consumption Area on the premises of a Cannabis Retailer upon approval of a Use Permit or modification of an existing Use Permit. A Cannabis Retailer’s operation and use of a Cannabis Consumption Area shall comply with the provisions of Division 5, Chapter 7 of this Code, entitled No Smoking. Cannabis Consumption Areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing Use Permit is modified to reflect the creation of a Cannabis Consumption Area, that Use Permit shall be subject to renewal one year after the Cannabis Consumption Area has become operational. c. A Retailer with a Cannabis Consumption Area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and state laws. A Retailer with a Cannabis Consumption Area that is indoors in a fully enclosed secure structure shall be limited to allowing consumption of Edible Cannabis Product or Orally Consumed Concentrate only. d. Cannabis Consumption Areas shall be located in well-ventilated, private areas partitioned from access to all other areas of the premises, as well as from adjacent properties. Any Cannabis Consumption Areas which allow smoking and vaping of cannabis products shall be designed to prevent the flow of smoke to any other area of the premises or adjacent property.
d. Cannabis Retailer operations shall not result in illegal redistribution of cannabis obtained from the Cannabis Retailer, or use in any manner that violates local, State or City codes.

5 e. No person may consume cannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City owned parks and/or City sponsored events where designated as nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this Code and as amended, enclosed places and places of employment as defined in sections 4503 and 4505 of this Code and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public, except while actively passing through on the way to another destination. Nothing in this Section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air Act of 1976, Health and Safety Code Section 118875 et seq. and as amended.

6. Retail Sales and Cultivation:
a. No cannabis shall be cultivated on the premises of the Cannabis Retailer, except in compliance with this Section and with Sections 6093 and 9254 of this code and applicable State laws and regulations.
b. Cannabis Retailers may keep on the Premises immature nursery stock cannabis plants, or clones, that are not intended to be raised to maturity by the Cannabis Retailer but instead sold to Adult Use patrons or qualified patients. c. Up to one hundred fifty (150) square feet of the total square footage of the Cannabis Retailer may be utilized for display and sales of devices necessary for administering cannabis, including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. d. Retail sales of cannabis that violate California law or this Code are expressly prohibited.

7. Floor Plan: Cannabis Retailers or other Cannabis Businesses with a retail component shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing cannabis to qualified patients or designated caregivers or to eligible adult use patrons. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. * * *
SECTION 3
Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):

6 §9278 DEFINITIONS
* * *
B.
* * *
CANNABIS CONCENTRATE: Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. For purposes of this Chapter, “cannabis concentrate” includes, but is not limited to, the kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products (e.g., dab, shatter, and wax), and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended.

CANNABIS CONSUMPTION AREA: A licensed premises where cannabis may be consumed by persons 21 years of age and over. A cannabis consumption area must be limited to one of the following uses:

1. Outdoor: Consumption of cannabis by smoking, vaping, and ingesting edible products.

2. Indoor: Consumption of cannabis edible products by ingestion only. * * *
EDIBLE CANNABIS PRODUCT: A product intended to be used orally, in whole or in part, for human consumption. For purposes of this Chapter, “edible cannabis product” includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as “cannabis concentrate.” * * *
ORALLY CONSUMED CONCENTRATE: A cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product. “Orally consumed concentrate” includes tinctures, capsules, and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended.

SECTION 4

1. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

7 2. EFFECTIVE DATE.

This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.

Introduced by title only on _____, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on ___________, 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________________
Mari Rodin, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk

1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE TO PERMIT AND REGULATE

CANNABIS CONSUMPTION AREAS AT COMMERCIAL CANNABIS RETAIL BUSINESSES AND CANNABIS MICROBUSINESSES.

The City Council of the City of Ukiah hereby ordains as follows.

SECTION 1
Section 9174.2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.2 CANNABIS-RELATED BUSINESSES
* * *
F. Limitations on Locations of Cannabis Related Businesses

1. All Cannabis Related Businesses, as defined in Section 9278 of this code, operating subject to use permits under this chapter will operate indoors in a fully enclosed secure structure, as defined in Section 9254 of this Code, except as set forth in Section 9174.3(c)(5) of this Code regulating Cannabis Consumption Areas, and shall not be allowed in the following areas:
a. Within six hundred feet (600') of a school, as defined in section 5702P of this code, with that distance measured as the horizontal distance in a straight line from the property line of the school to the closest property line of the lot on which the Cannabis Related Business is to be located without regard to intervening structures, pursuant to California Health and Safety Code section 11362.768; or b. Within two hundred fifty feet (250') of a youth-oriented facility other than a school, as defined in section 5702R of this code, with that distance measured by street frontage from the property line of the youth-oriented facility to the closest property line of the lot on which the Cannabis Related Business is to be located, and not radial distance; or
c. Abutting, on any side of the parcel upon which the Cannabis Related Business is located, a parcel occupied by a youth-oriented facility or a school; or d. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation; or e. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned property, unless there are intervening nonresidential uses Attachment #3

2 between the Cannabis Related Business and the residential unit or the residentially zoned property that the decision-making entity charged with hearing and making the decision on the use permit application or the appeal of that decision determines sufficient to provide an appropriate separation.

2. A Cannabis Retailer, as defined in Section 9278 of this code, shall not be allowed within two hundred fifty feet (250') of another Cannabis Retailer, with that distance measured by street frontage from the property line of the other Cannabis Retailer to the closest property line of the lot on which the Cannabis Retailer is to be located, and not radial distance.

3. A waiver of the provisions in subsections F1a through e and F2 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Zoning Administrator or the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the cannabis-related business.

SECTION 2
Section 9174.3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.3 CANNABIS RETAILERS
A. Applicability: The standards and requirements in this Section apply specifically to Cannabis Retailers, as defined in Section 9278 of this Code, and other Cannabis Businesses with a retail component, and shall apply in addition to the requirements and standards for all Cannabis Businesses set forth in Section 9174.2 and elsewhere in this Code. In the event of any conflict between the requirements of this Section and those included elsewhere in the City Code, the requirements of this Section shall control.

B. Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meaning:

1. “Adult-use” means a person the age of 21 or over with a valid state ID, who is qualified to purchase cannabis from an established cannabis business.

2. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.

3. “Identification card” shall have the same definition as in California Health and

3 Safety Code section 11362.7, and as it may be amended.

4. “Medical cannabis” or “medicinal cannabis” means cannabis that is intended to be used for medical cannabis purposes in accordance with State law.

5. “On site” means an activity or accessory use that is related to the primary use – i.e., lawful, retail distribution of cannabis – and is located on the same legal parcel as the primary use.

6. “Primary caregiver” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.

7. "Qualified patient” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.

C. Operating Requirements

1. Minors: Persons under the age of eighteen (18) shall not be allowed on the premises of a Cannabis Retailer unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the Cannabis Retailer in question dispenses cannabis for medical use. Adult Use Cannabis Retailers shall only allow on the premises a person who is 21 years of age or older and who possesses a valid government-issued photo identification card.

2. Cannabis Retailer Access:
a. The entrance into the Cannabis Retailer building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance.
b. Cannabis Retailer personnel shall monitor site activity, control loitering and site access.
c. Only Cannabis Retailer staff, persons the age of twenty-one (21) and over, qualified patients over the age of eighteen (18) who are purchasing Medical cannabis, and persons with bona fide purposes for visiting the site shall be allowed on the premises.
d. Only a primary caregiver and qualified patient or persons the age of twentyone (21) and over shall be in the designated dispensing area with personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby.
e. Restrooms shall remain locked and under the control of management.

4 3. Operations:
a. The Cannabis Retailer may sell cannabis or cannabis products to an individual only in an amount consistent with personal possession and use limits allowed by the State
b. A Cannabis Retailer shall not have a physician on site to evaluate patients and provide a recommendation for medical cannabis.

4. Hours of Operation: Hours of operation are limited to nine o’ clock (9:00) A.M. to nine o’ clock (9:00) P.M., seven (7) days a week.

5. Consumption Restrictions:
a. Cannabis Except as set forth in subdivisions b and c below, cannabis shall not be consumed on the premises of the Cannabis Retailer. The term “premises” includes the actual building, as well as any accessory structures, parking areas, or other surroundings within two hundred feet (200') of the Cannabis Retailer’s entrance.
b. Cannabis may be consumed in a designated Cannabis Consumption Area on the premises of a Cannabis Retailer upon approval of a Use Permit or modification of an existing Use Permit. A Cannabis Retailer’s operation and use of a Cannabis Consumption Area shall comply with the provisions of Division 5, Chapter 7 of this Code, entitled No Smoking. Cannabis Consumption Areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing Use Permit is modified to reflect the creation of a Cannabis Consumption Area, that Use Permit shall be subject to renewal one year after the Cannabis Consumption Area has become operational. c. A Retailer with a Cannabis Consumption Area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and state laws. A Retailer with a Cannabis Consumption Area that is indoors in a fully enclosed secure structure shall be limited to allowing consumption of Edible Cannabis Product or Orally Consumed Concentrate only. d. Cannabis Consumption Areas shall be located in well-ventilated, private areas partitioned from access to all other areas of the premises, as well as from adjacent properties. Any Cannabis Consumption Areas which allow smoking and vaping of cannabis products shall be designed to prevent the flow of smoke to any other area of the premises or adjacent property.
bd. Cannabis Retailer operations shall not result in illegal redistribution of cannabis obtained from the Cannabis Retailer, or use in any manner that violates local, State or City codes.

5 ce. No person may consume cannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City owned parks and/or City sponsored events where designated as nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this Code and as amended, enclosed places and places of employment as defined in sections 4503 and 4505 of this Code and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public, except while actively passing through on the way to another destination. Nothing in this Section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air Act of 1976, Health and Safety Code Section 118875 et seq. and as amended.

6. Retail Sales and Cultivation:
a. No cannabis shall be cultivated on the premises of the Cannabis Retailer, except in compliance with this Section and with Sections 6093 and 9254 of this code and applicable State laws and regulations.
b. Cannabis Retailers may keep on the Premises immature nursery stock cannabis plants, or clones, that are not intended to be raised to maturity by the Cannabis Retailer but instead sold to Adult Use patrons or qualified patients. c. Up to one hundred fifty (150) square feet of the total square footage of the Cannabis Retailer may be utilized for display and sales of devices necessary for administering cannabis, including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. d. Retail sales of cannabis that violate California law or this Code are expressly prohibited.

7. Floor Plan: Cannabis Retailers or other Cannabis Businesses with a retail component shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing cannabis to qualified patients or designated caregivers or to eligible adult use patrons. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways.

8. Hours of Operation: Hours of operation are limited to nine o’ clock (9:00) A.M. to nine o’ clock (9:00) P.M., seven (7) days a week.
* * *
SECTION 3

6 Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9278 DEFINITIONS
* * *
B.
* * *
CANNABIS CONCENTRATE: Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. For purposes of this Chapter, “cannabis concentrate” includes, but is not limited to, the kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products (e.g., dab, shatter, and wax), and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended.

CANNABIS CONSUMPTION AREA: A licensed premises where cannabis may be consumed by persons 21 years of age and over. A cannabis consumption area must be limited to one of the following uses:

1. Outdoor: Consumption of cannabis by smoking, vaping, and ingesting edible products.

2. Indoor: Consumption of cannabis edible products by ingestion only. * * *
EDIBLE CANNABIS PRODUCT: A product intended to be used orally, in whole or in part, for human consumption. For purposes of this Chapter, “edible cannabis product” includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as “cannabis concentrate.” * * *
ORALLY CONSUMED CONCENTRATE: A cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product. “Orally consumed concentrate” includes tinctures, capsules, and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended.

SECTION 4

1. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or

7 phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE.

This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.

Introduced by title only on _____, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on ___________, 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________________
Mari Rodin, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk

Agenda Item No: 12.c.

MEETING DATE/TIME: 3/15/2023
ITEM NO: 2023-2446

AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing and Adopt Resolution Establishing the Talmage Road Underground District No. 7 from State Street to Lorraine Street and on State Street between Talmage Road and Observatory Avenue, Including the Boundaries and Proposed Timeline; and Approve the Community Development Director's Determination that the Project Qualifies for CEQA Exemption.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. Talmage Road Timeline

2. Talmage Rd Boundary Map - State to Lorraine

3. Talmage Road Boundary Description

4. Resolution Talmage Road UG District No. 7
Summary: The City Council will conduct a Public Hearing and consider adopting a resolution establishing the Talmage Road Underground District No. 7 from State Street to Lorraine Street and on State Street from Observatory Avenue to Talmage Road and approve the boundaries and proposed timeline, (Attachment 1). The City Council will also consider the Community Development Director's Determination that the Project qualifies for a California Environmental Quality Act (CEQA) exemption.

Background: Pursuant to Ukiah City Code Sections 3800-3841, the City Council can establish an Underground District to require utility companies to remove or underground overhead facilities, including wires, poles and other associated equipment within the specified area and schedule. On October 5, 2022, Council provided direction to the Electric Utility to develop and prioritize Talmage Road as a new Underground District. Staff has evaluated the facilities in the area and is recommending the District boundaries be from State Street to Lorraine Street on Talmage Road and from Observatory Avenue to Talmage Road on State Street.

Discussion: The proposed map (Attachment 2) and boundary description (Attachment 3) outline the district boundaries and, if established, will require overhead facilities, including electric, telephone and cable TV facilities to be removed within the setback from the right-of-way line as described in the attachments. The boundary descriptions reflect a 25' setback from the existing right-of-way. The existing street lights will be replaced with LED luminaires mounted on steel street light poles. Additional trenching will occur from the right of way to the service equipment from parcels fed within the District. All disturbed areas will be restored to the condition they were in prior to undergrounding.

On March 3, 2023, in accordance with Ukiah City Code 3810, the City Clerk gave notice to affected property owners as shown on the last equalized assessment roll of the time, date, location and boundaries of the new Underground District to be known as Underground District No. 7.

As a part of the consideration of the proposed project, the Community Development Director (CDD) is required to make a determination as to the required level of environmental review required by CEQA. The CDD Director has determined that the proposed project is exempt from the provisions of CEQA pursuant to Sections 15302(d), Replacement/Reconstruction; 15304(f), Minor Alterations to Land. The project includes the removal and replacement of existing utility poles and infrastructure, trenching, placement of electrical conduits in the trenches, and the restoring of the trenched areas to their previous condition. The proposed project

would not have an adverse impact on environmental resources because it is located in an urban environment, and all work will be conducted within the ROW or in areas previously disturbed. Additionally, no healthy, mature trees will be removed, and no work will be performed in any creek, stream or other sensitive environmental habitat. As such, it has been determined by the CDD Director that the project qualifies for the aforementioned CEQA exemptions.If approved by Council, a Notice of Exemption for the project will be filed with the County Clerk/Recorder, in accordance with CEQA guidelines.

Staff recommends that Council authorize the formation of Underground District No. 7, with all utilities jointly paying their allocated costs for undergrounding and for customer equipment adaption, approve the boundaries and timeline, adopt the corresponding Resolution (Attachment 4 ), and approve the CDD's determination that the project qualifies for a CEQA exemption.

Recommended Action: Adopt Resolution establishing Talmage Road Underground District No. 7, approve boundaries and timeline, and approve the Community Director's Determination that the Project qualifies for a CEQA exemption.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Michelle Irace, Community Development Planning Manager, Craig Schlatter, Community Development Director
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 10a – Protect from dangerous emission by preventing fires. 1c – Install energyefficient outdoor lighting.

Exhibit 2

TALMAGE ROAD

OVERHEAD TO UNDERGROUND CONVERSION

PROPOSED TIMELINE
Spring 2023/Fall 2023 Project Design and Easement Procurement.

Winter 2023/2024 City Council Award Bid.

Spring/Summer/Fall 2024 Underground Utility Construction.

Fall 2024/Winter 2024 Ukiah Electric Utility Department install underground facilities.

Fall 2024/Winter 2024 PG&E install underground facilities.

Winter 2024 Ukiah Electric Utility Department to remove overhead facilities.

Winter 2024 PG&E to remove overhead facilities
Spring/Summer 2025 AT&T and Comcast install underground facilities.

Fall 2025 AT&T to remove poles.

Note: Timeline subject to change
Attachment 1

LEWIS LN.

PERRY ST CUNNINGHAM ST

TALMAGE RD

BETTY ST

LORRAINE ST

HENDERSON LN

TALMAGE RD

TALMAGE RD TALMAGE FRONTAGE RD S STATE ST
AIRPORT PARK BLVD.

WAUGH LN
S STATE ST 25' 25' 25' 25' 25' 25' 25' OBSERVATORY AVENUE 25' 25' 25' LOCATION DESCRIPTION DRAWN BY PROPOSED BOUNDARY AMS CHECKED BY TALMAGE ROAD - STATE ST TO LORRAINE ST TALMAGE STREET UNDERGROUND DISTRICT #7 19- NO SCALE AS BUILT DATE 2/11/2023 SCALE GRID NO. W.O. NO. APPROVED BY CITY OF UKIAH ELECTRIC UTILITY DEPARTMENT EXHIBIT 3 Attachment 2

Exhibit 1
EXHIBIT “1”
CITY OF UKIAH UNDERGROUND DISTRICT NO. 7

BOUNDARY DESCRIPTION
TALMAGE ROAD – STATE STREET TO LORRAINE STREET
Starting 25’ West of the Westerly right-of-way line of State Street where it intersects with the Southern right-of-way line of Observatory; thence Easterly to a point 25’ East of the Easterly right-ofway line of South State Street; thence Southerly to a point 25’ North of the Northerly rightof-way line of Talmage Road; thence Easterly, parallel with the Northerly right-of-way line of Talmage Road to the Westerly right-of-way line of Betty Lane; thence North to a point 25’ North of the Northerly right-of-way line of Betty Lane and Talmage Frontage Road, Thence Easterly, parallel with the Northern right-of-way line of Talmage Frontage Road to a point 25’ East of the right-of-way line of Lorraine Street and Talmage Frontage Road; thence Southerly to a point 25’ South of the Southerly right-of-way line of Talmage Road; thence Westerly, parallel with the Southerly right-of-way line of Talmage Road to 25’ East of the Easterly Right-of-way line on South State Street; thence Southerly 150’ along the Easterly right-of-way line of South State Street; thence Westerly to 25’ West of the Westerly right-of-way line of State Street; thence Northerly to the point of beginning.

Attachment 3

Attachment 4
1 RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 7- ALONG TALMAGE ROAD BETWEEN STATE STREET AND

LORRAINE STREET AND ON STATE STREET BETWEEN OBSERVATORY AVENUE AND TALMAGE ROAD WHEREAS, on March 3, 2023, in accordance with Ukiah City Code §3810, the City Clerk gave notice to affected property owners as shown on the last equalized assessment roll of the time, date, location and proposed boundaries of a new Underground District to be known as Underground District No. 7, which encompasses both sides of Talmage Road between State Street and Lorraine Street and on State Street between Observatory Avenue and Talmage Road, as more fully described in the attached Exhibit 1; and WHEREAS, under Ukiah City Code Sections 3811 and 3820, when the City Council establishes an underground district, it must fix the time within which the removal of poles, overhead wires and associated overhead structures and the underground installation of these facilities shall be completed and when affected property owners must be ready to receive underground service; and WHEREAS, on March 15, 2023, the City Council conducted a public hearing in accordance with Ukiah City Code §3810, to consider establishing Underground District No. 7, its proposed boundaries and the timeline for completing the undergrounding of overhead facilities, including by utilities and property owners within the proposed District. The City Council also considered whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within the boundaries, as depicted and described in the attached Exhibit 1; and WHEREAS, at least ten (10) days prior to the scheduled hearing, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and all affected utilities in the manner and for the time required by law; and
WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The City Council finds that:
a. Talmage Road has been designated as a primary gateway into the City, providing access from U.S.

Highway 101 through important commercial areas to State Street. b. The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities.
c. Talmage Road is extensively used by the general public and carries a heavy volume of pedestrian and vehicular traffic.
d. The public necessity, health, safety and welfare require the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying and

Attachment 4
2 improving electric, communication or similar or associated service within the boundaries of Underground District No.7, as described in the attached Exhibit 1.

2. Based on the foregoing findings:
a. The removal and undergrounding of overhead facilities as herein provided shall apply to all of Underground District No. 7, as described in Exhibit 1.
b. All poles, overhead wires and associated overhead structures shall be removed and underground installation made in Underground District No. 7 within the following times and in the following manner:
(1) Underground installation by the utility companies, including the City of Ukiah Electric Department, PG&E, AT&T and Comcast shall be completed by Summer 2025; (2) Said utilities shall pay their allocated costs associated with undergrounding their facilities within the public right of way, including, but not limited to, the costs of removing poles and overhead wires and related facilities, furnishing and installing conduits, conductors and associated equipment, trenching, compacting, backfilling, and paving over said facilities; (3) With permission of the property owner, the City Electric Department and the other utilities furnishing service to the property, including AT&T and Comcast, at the expense of the utilities, will install up to 100 feet of underground service lines and related equipment from the public right-of-way along Talmage Road and State Street to the service equipment on the property. If the property owner does not consent within the time satisfactory to the Director of the Electric Department or his or her designee, the property owner shall install those facilities at his or her expense in compliance with specifications and project timeline adopted by the Electric Department.

3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property owners as shown on the last equalized assessment role and to affected utilities.

PASSED AND ADOPTED on March 15, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAINING:

ABSENT: ______________________
Mari Rodin, Mayor
ATTEST:
______________________
Kristine Lawler, City Clerk

Attachment 4
3 Exhibit 1
CITY OF UKIAH UNDERGROUND DISTRICT NO. 7

BOUNDARY DESCRIPTION
TALMAGE ROAD – STATE STREET TO LORRAINE STREET
Starting 25’ West of the Westerly right-of-way line of State Street where it intersects with the Southern right-of-way line of Observatory; thence Easterly to a point 25’ East of the Easterly right-of-way line of South State Street; thence Southerly to a point 25’ North of the Northerly right-of-way line of Talmage Road; thence Easterly, parallel with the Northerly right-of-way line of Talmage Road to the Westerly right-of-way line of Betty Lane; thence North to a point 25’ North of the Northerly right-of-way line of Betty Lane and Talmage Frontage Road, Thence Easterly, parallel with the Northern right-of-way line of Talmage Frontage Road to a point 25’ East of the right-of-way line of Lorraine Street and Talmage Frontage Road; thence Southerly to a point 25’ South of the Southerly right-of-way line of Talmage Road; thence Westerly, parallel with the Southerly right-of-way line of Talmage Road to 25’ East of the Easterly Right-of-way line on South State Street; thence Southerly 150’ along the Easterly right-of-way line of South State Street; thence Westerly to 25’ West of the Westerly right-of-way line of State Street; thence Northerly to the point of beginning.

Agenda Item No: 13.a.

MEETING DATE/TIME: 3/15/2023
ITEM NO: 2023-2422

AGENDA SUMMARY REPORT
SUBJECT: Receive and Approve the Submittal of Annual Progress Reports to the Department of Housing and Community Development and the Governor's Office of Policy and Research.

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Planning Manager
PRESENTER: Craig Schlatter, Community Development
Director; Jesse Davis, Chief Planning Manager
ATTACHMENTS:

1. HCD APR - 2022

2. OPR APR - 2022
Summary: Council will receive annual progress reports on the implementation of the City's 6th Cycle Housing Element and the Office of Policy and Research (OPR) Annual Progress Report, and possibly approve the submittal of the reports.

Background: Government Code requires the City's Community Development Department to provide an Annual Progress Report (APR) to the City Council, Governor's Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) regarding the City's progress in implementing its adopted housing element, as well as its general plan. Annual reports are due by April 1 of each year.

Discussion: Community Development Staff completed the 2022 Housing Element Annual Progress Report (Attachment 1), which describes housing production within the city limits and progress made in meeting its share of the assigned regional housing allocation. The APR also conveys progress on implementation of 2019-2027 Housing Element programs. For 2022, which was a transition year between the former 1995 General Plan and newly adopted 2040 General Plan, the Annual Progress Report for the City of Ukiah 2040 General Plan (Attachment 2) was provided by the City Manager and overviews the City's efforts across all departments.

Calendar Year 2022 Housing Unit Production
For the 2019-2027 Housing Element/6th Planning Cycle, the City of Ukiah was assigned a Regional Housing Needs Allocation (RHNA) of 239 residential units affordable to households of various income levels. This assignment process was undertaken in coordination with the Mendocino Council of Governments and Cities of Fort Bragg, Point Arena, and Willits, as well as the County of Mendocino.

In 2022, there were 100 building permits issued for residential units within the city of Ukiah. Of those permits issued, 20 were considered affordable to ‘Very Low-Income’ households, 71 were considered affordable to ‘Low-Income’ households, 6 were considered affordable to 'Moderate-Income' households and 3 units were considered affordable to ‘Above-Moderate Income’ households. Table B of the Housing Element APR depicts the City's progress towards meeting this RHNA assignment. Given 2022 housing production, the City remains well-positioned to meet and exceed its RHNA assignment by the end of 2027. Notably, the City has met its assignment with regard to 'Low Income' housing production.

In 2022, each moderate-income residential unit permitted was for an Accessory Dwelling Unit (ADU). Of the

ADUs permitted in 2022, two (2) utilized the City's pre-approved ADU plans. Similar to previous years, however, the majority of ADUs constructed were for the conversion of existing spaces, particularly garages.

Additional information regarding housing production is contained in Tables A and A2 of the APR. Table C is not applicable because the City is on track to fulfill its fair share of assigned regional housing units and thus is not required to rezone sites to accommodate a shortfall. Table D provides an overview regarding program implementation of the City's Housing Element. Tables E and F are also not applicable because the City of Ukiah did not provide a commercial development bonus for any project, nor did the City rehabilitate, preserve, or acquire units for alternative sites. Table F2 is not applicable as the City has not converted above-moderate income units to lower affordability levels. Table G did not require completion, as the City did not dispose of locally owned sites included in the Housing Element inventory. Table H is not required as the City has not taken formal action to declare that land owned in fee simple title by the City is surplus and no longer necessary for use by City Departments. Table I does identify a subdivided property that utilized SB9 to undertake a lot split pursuant to Government Code 66411.7. Table J is not applicable as the City did not utilize a density bonus to construct student housing.
2022 Housing Element Implementation
Since the adoption of the 6th Cycle Housing Element in October 2019, Staff has prioritized implementation of programs contained in Section 7 of the Housing Element to address associated goals and policies. Per the 6th Cycle Housing Element, the City will continue to conserve, rehabilitate, and improve the existing housing stock to provide adequate, safe, sustainable, and decent housing for all Ukiah residents (H-1); expand housing opportunities for all economic segments of the community, including special needs populations (H-2); remove governmental constraints to infill housing development (H-3); promote well-planned and designed housing opportunities and projects for all persons, regardless of race, gender, age, sexual orientation, marital status, or national origin (H-4); and provide support for future housing needs (H-5). An overview of the implementation program is contained in Table D of the 2022 HCD APR.

Annual Progress Report for Ukiah's General Plan(s)
Government Code Sections 65400 and 65700 mandate that all cities and counties submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, OPR, and HCD by April 1 of each year. Because the City's 2040 General Plan was adopted on December 7, 2022, the 2022 General Plan APR consists of the City Manager’s 2022 Annual Review (Attachment 2). In January 2023, Staff began implementation efforts related to the 2040 General Plan. Consequently, in the years starting with calendar year 2023, General Plan APRs will consist of a report on the progress made by staff in 2040 General Plan implementation efforts.

Next Steps for 2023 and Beyond
Even as Ukiah has accelerated implementation of its 6th Cycle Housing Element and is on track to meet or exceed its State-mandated RHNA production requirements, there continues to be a strong demand for housing in Ukiah and its Valley. In speaking with developers, Staff have learned that lack of infrastructure and suitable development sites are principal barriers to housing development in the Valley. To that end, Staff continues to engage incorporated and unincorporated counterparts on the need for a Regional Housing Plan.

In 2023, Staff intends to utilize previously awarded grant funds to update and modify the City’s Lot Line Adjustment procedures and policy to streamline and encourage consolidation of parcels that can accommodate additional multi-family housing; implement electronic permit tracking software to allow online submittal and tracking of applications and update the City’s Historic Structure Policy to encourage adaptive residential reuse of existing structures while maintaining historical integrity. Additionally, Staff intends to refine the recently approved objective design and development standards for multi-family housing to ensure that lessons learned, established precedents, and best practices can be incorporated.

Staff recommends the Council receive the Housing Element and General Plan APRs and approve the submittal of the APRs to HCD and OPR.

Recommended Action: Receive and approve submittal of annual progress reports to the State, and provide direction to Staff as necessary.

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: Jim Robbins, Grants Manager; Craig Schlatter, Community Development Director DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A

2022 UKIAH Housing Element Annual Progress Report
General InformationFirst Name Jesse Street Address 300 Seminary Avenue Phone 7074636207Last Name Davis City Ukiah Email [email protected] Chief Planning Manager Zip Code 95482Comments: Include any additional information or explanation for the information provided in the following tables.

UKIAH - 2022 1
Attachment #1

2022 UKIAH Housing Element Annual Progress Report
TABLE A - Housing Development Applications SubmittedUnit Information No Data Available
Project Information
UKIAH - 2022 2

2022 UKIAH Housing Element Annual Progress Report
TABLE A2 - Annual Building Activity Report Summary - New ConstructionEntitlements Project Identifier Affordability by Household Income - Entitlements Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
Issued
Entitlements
002-173-19 435 N BUSH
STREET
5873 0 0 0 0 0 0 0 0
001-104-11 546 NORTH
SPRING
STREET
5596 0 0 0 0 0 0 0 0
002-145-08 558 SCHOOL
STREET
5920 0 0 0 0 0 0 0 0
001-242-18 612 MARY
LANE
6133 0 0 0 0 0 0 0 0
003-510-09 1156 HELEN
AVENUE
6385 0 0 0 0 0 0 0 0
001-301-03 413 WEST

MILL STREET
6590 0 0 0 0 0 0 0 0
001-283-07 509 JONES
STREET
7846 0 0 0 0 0 0 0 0
001-333-26 324 HILLVIEW
AVENUE
7707 0 0 0 0 0 0 0 0
001-272-11 30 HIGHLAND
DRIVE
7541 0 0 0 0 0 0 0 0
002-320-35 490 EAST
GOBBI
STREET
7311 0 0 0 0 0 0 0 0
001-335-22 344

HILLCREST
AVENUE
6726 0 0 0 0 0 0 0 0
001-242-02 1317 WEST

CLAY STREET
6714 0 0 0 0 0 0 0 0
UKIAH - 2022 3

002-135-13 629 MYRON
STREET
6777 0 0 0 0 0 0 0 0
002-135-15 621 MYRON
STREET
6778 0 0 0 0 0 0 0 0
003-135-14 625 MYRON
STREET
6779 0 0 0 0 0 0 0 0
003-040-77 210 EAST
GOBBI
STREET
7672 0 0 0 0 0 0 0 0
003-040-77 210 EAST
GOBBI
STREET
7671 0 0 0 0 0 0 0 0
003-040-78 210 EAST
GOBBI
STREET
7670 0 0 0 0 0 0 0 0
003-040-79 210 EAST
GOBBI
STREET
7669 0 0 0 0 0 0 0 0
002-340-39 555 SO

ORCHARD
AVENUE
BU_2021-1732 50 0 0 0 0 0 0 12/29/2020 50
Totals 50 0 0 0 0 0 0 50
UKIAH - 2022 4

Building Permits
Project Identifier Affordability by Household Income - Building Permits Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
002-173-19 435 N BUSH
STREET
5873 0 0 0 0 0 1 0 02/18/2021 1
001-104-11 546 NORTH
SPRING
STREET
5596 0 0 0 0 0 1 0 09/09/2020 1
002-145-08 558 SCHOOL
STREET
5920 0 0 0 0 0 1 0 05/06/2021 1
001-242-18 612 MARY
LANE
6133 0 0 0 0 0 0 1 06/16/2021 1
003-510-09 1156 HELEN
AVENUE
6385 0 0 0 0 0 1 0 08/06/2021 1
001-301-03 413 WEST

MILL STREET
6590 0 0 0 0 0 1 0 10/22/2021 1
001-283-07 509 JONES
STREET
7846 0 0 0 0 0 1 0 11/23/2022 1
001-333-26 324 HILLVIEW
AVENUE
7707 0 0 0 0 0 1 0 10/18/2022 1
001-272-11 30 HIGHLAND
DRIVE
7541 0 0 0 0 0 1 0 09/06/2022 1
002-320-35 490 EAST
GOBBI
STREET
7311 0 0 0 0 0 1 0 10/12/2022 1
001-335-22 344

HILLCREST
AVENUE
6726 0 0 0 0 0 1 0 01/10/2022 1
001-242-02 1317 WEST

CLAY STREET
6714 0 0 0 0 0 1 0 01/10/2022 1
002-135-13 629 MYRON
STREET
6777 0 0 0 0 0 0 1 11/28/2022 1
UKIAH - 2022 5

002-135-15 621 MYRON
STREET
6778 0 0 0 0 0 0 1 11/28/2022 1
003-135-14 625 MYRON
STREET
6779 0 0 0 0 0 0 1 11/28/2022 1
003-040-77 210 EAST
GOBBI
STREET
7672 0 0 3 0 0 0 0 12/08/2022 3
003-040-77 210 EAST
GOBBI
STREET
7671 0 0 15 0 0 0 0 12/08/2022 15
003-040-78 210 EAST
GOBBI
STREET
7670 0 0 36 0 0 0 0 12/08/2022 36
003-040-79 210 EAST
GOBBI
STREET
7669 0 0 17 0 0 0 0 12/08/2022 17
002-340-39 555 SO

ORCHARD
AVENUE
BU_2021-1732 20 0 0 0 0 0 0 02/24/2022 20
Totals 20 0 71 0 0 11 4 106
UKIAH - 2022 6

Certificate of Occupancy
Project Identifier Affordability by Household Income - Certificate of Occupancy Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
Date Issued
# of Units
Issued
Certificates ofOccupancy or
other forms of
readiness
002-173-19 435 N BUSH
STREET
5873 0 0 0 0 0 0 0 0
001-104-11 546 NORTH
SPRING
STREET
5596 0 0 0 0 0 1 0 09/23/2022 1
002-145-08 558 SCHOOL
STREET
5920 0 0 0 0 0 1 0 02/07/2022 1
001-242-18 612 MARY
LANE
6133 0 0 0 0 0 0 1 04/28/2022 1
003-510-09 1156 HELEN
AVENUE
6385 0 0 0 0 0 0 0 0
001-301-03 413 WEST

MILL STREET
6590 0 0 0 0 0 1 0 11/01/2022 1
001-283-07 509 JONES
STREET
7846 0 0 0 0 0 0 0 0
001-333-26 324 HILLVIEW
AVENUE
7707 0 0 0 0 0 0 0 0
001-272-11 30 HIGHLAND
DRIVE
7541 0 0 0 0 0 0 0 0
002-320-35 490 EAST
GOBBI
STREET
7311 0 0 0 0 0 0 0 0
001-335-22 344

HILLCREST
AVENUE
6726 0 0 0 0 0 0 0 0
001-242-02 1317 WEST

CLAY STREET
6714 0 0 0 0 0 1 0 06/20/2022 1
002-135-13 629 MYRON
STREET
6777 0 0 0 0 0 0 0 0
UKIAH - 2022 7

002-135-15 621 MYRON
STREET
6778 0 0 0 0 0 0 0 0
003-135-14 625 MYRON
STREET
6779 0 0 0 0 0 0 0 0
003-040-77 210 EAST
GOBBI
STREET
7672 0 0 0 0 0 0 0 0
003-040-77 210 EAST
GOBBI
STREET
7671 0 0 0 0 0 0 0 0
003-040-78 210 EAST
GOBBI
STREET
7670 0 0 0 0 0 0 0 0
003-040-79 210 EAST
GOBBI
STREET
7669 0 0 0 0 0 0 0 0
002-340-39 555 SO

ORCHARD
AVENUE
BU_2021-1732 20 0 0 0 0 0 0 10/21/2022 20
Totals 20 0 0 0 0 4 1 25
UKIAH - 2022 8

Project Information
Project Identifier Unit Types Housing with
Financial
Assistance and/or
Deed Restrictions
Demolished/Destroyed Units
Units?
Prior
APN
Current
APN
Street
Address
Project
Name
Local
Jurisdicti
on
Tracking
ID
Unit
Category
Tenure Extremel
y Low
Income
Units
Was
Project
Approve
d using
SB 35
Streamli
ning?
Infill
Units?
Assistan
ce
Program
s for
each
Develop
ment
Deed
Restricti
on Type
Housing
without
Financial
Assistan
ce or
Deed
Restricti
ons
Term of
Affordabi
lity or
Deed
Restricti
on
Number
of
Demolish
ed/
Destroye
d Units
Demolish
ed or
Destroye
d Units?
Demolish
ed/ or
Destroye
d Units
Owner or
Renter
Notes
002-173-
19 435 N
BUSH
STREET
N/A 5873 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 001-104-
11 546
NORTH
SPRING
STREET
N/A 5596 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 002-145-
08 558
SCHOOL
STREET
N/A 5920 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 001-242-
18 612
MARY
LANE
N/A 6133 SFD Owner 0 N Y 0
003-510-
09 1156
HELEN
AVENUE
N/A 6385 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 UKIAH - 2022 9

001-301-
03 413
WEST
MILL
STREET
N/A 6590 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 001-283-
07 509
JONES
STREET
N/A 7846 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 001-333-
26 324

HILLVIE
W
AVENUE
N/A 7707 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 PREDESIGNE
D ADU
001-272-
11 30

HIGHLAN

D DRIVE
N/A 7541 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 PREDESIGNE
D ADU
002-320-
35 490
EAST
GOBBI
STREET
N/A 7311 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 001-335-
22 344

HILLCRE
ST
AVENUE
N/A 6726 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 001-242-
02 1317
WEST
CLAY
STREET
N/A 6714 ADU Renter 0 N Y ADU
SIZE &
PROJEC
TED
RENT
0 002-135-
13 629
MYRON
STREET
Myron
Street PD
6777 SFD Owner 0 N Y 0
UKIAH - 2022 10

002-135-
15 621
MYRON
STREET
Myron
Street PD
6778 SFD Owner 0 N Y 0
003-135-
14 625
MYRON
STREET
Myron
Street PD
6779 SFD Owner 0 N Y 0
003-040-
77 210
EAST
GOBBI
STREET
Acorn
Valley
Plaza
7672 5+ Renter 0 N Y CDBG,
LIHTC
Other 55 0 City of
UkiahResidualReceiptLoan
003-040-
77 210
EAST
GOBBI
STREET
Acorn
Valley
Plaza
7671 5+ Renter 0 N Y CDBG,
LIHTC
Other 55 0 City of
UkiahResidualReceiptLoan
003-040-
78 210
EAST
GOBBI
STREET
Acorn
Valley
Plaza
7670 5+ Renter 0 N Y CDBG,
LIHTC
Other 55 0 City of
UkiahResidualReceiptLoan
003-040-
79 210
EAST
GOBBI
STREET
Acorn
Valley
Plaza
7669 5+ Renter 0 N Y CDBG,
LIHTC
Other 55 0 City of
UkiahResidualReceiptLoan
002-340-
39 555 SO
ORCHAR
D
AVENUE
Live Oak
Apartmen
ts
BU_2021-
1732
5+ Renter 11 N Y HKEY,
HEAP
Other 10 0 Homekey
Project
UKIAH - 2022 11

Density Bonus
Project Identifier Density Bonus
Current APN Street Address Local Jurisdiction
Tracking ID
Deed Restriction Type Total Density Bonus
Applied to the Project
(Percentage Increase
in Total Allowable
Units or Total
Maximum Allowable
Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding ParkingWaivers or Parking
Modifications)
Did the project receive
a reduction or waiver
of parking standards?
(Y/N)
UKIAH - 2022 12

Very Low* 86
Deed
restricted
0 0 0 30 20 0 0 0 0 0
50 36
NonRestricted 0 0 0 0 0 0 0 0 0 0
Low 72
Deed
restricted
0 0 30 0 71 0 0 0 0 0
104 0
NonRestricted 0 2 1 0 0 0 0 0 0 0
Moderate 49
Deed
restricted
0 0 0 0 0 0 0 0 0 0
20 29
NonRestricted 3 0 5 6 6 0 0 0 0 0
Above
Moderate
32 3 0 9 3 3 0 0 0 0 0 18 14
Total Units 6 2 45 39 100 0 0 0 0 0 192
Total
RHNA
239 Total Remaining Need for RHNA Period 79
Extremely Low-Income
Units**
43 0 0 39 11 0 0 0 0 0 50 0
For the last year of the 5th cycle planning period, Table B will only include units that were permitted before the end date of the 5th cycle planning period.For the first year of the 6th cycle planning period, Table B will only include units that were permitted since the start date of the 6th cycle planning period. 2022 UKIAH Housing Element Annual Progress Report
TABLE B - Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability Income
Level
RHNA
Allocation
Restriction
s
Projection
Period
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income
Level
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1) Extremely
Low-Income
Need
Year 1 -
2019
Year 2 -
2020
Year 3 -
2021
Year 4 -
2022
Year 5 -
2023
Year 6 -
2024
Year 7 -
2025
Year 8 -
2026
Year 9 -
2027
Total Units
to Date
Total
Remaining
ELI Need
UKIAH - 2022 13

Projection Period units are included in a separate column. *Units serving extremely low-income households must be included in the very low-income permitted totals in order to be credited toward the RHNA.**Extremely low-income units determined pursuant to Government Code 65583(a)(1). Default value is half of the very low-income RHNA. May be overwritten.

UKIAH - 2022 14

2022 UKIAH Housing Element Annual Progress Report
TABLE C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need No Data Available
UKIAH - 2022 15

2022 UKIAH Housing Element Annual Progress Report
TABLE D - Program Implementation Status
Program Description Housing Programs Progress Report - Government Code Section 65583 Name of Housing Element
Program
Objective Timeframe in H.E. Status of Program Implementation H-1 - 1a: Implement a residentialrehabilitation program.

Encourage the rehabilitation of existing residential unit Ongoing, as funding is available ONGOING: The City was awarded $500,000 for a CDBG Housing Rehabilitation Program in 2022. It isanticipated that the state will sign the grant agreementand the program will begin operations in mid-2023.The Housing Rehabilitation Program will operate inconjunction with the City’s new CDBG CodeEnforcement Program. Together, these two programswill encourage and assist with the rehabilitation ofexisting residential units.

H-1 - 1b: Continue the City’sEnergy Efficiency Public BenefitsFund and renewable energy andenergy efficiency rebateprograms.

Provide education and opportunities toincrease green building practices.

Ongoing, as funding is available ONGOING: In 2022, the City of Ukiah CDBG Utility Bill Assistance Program finalized a low and moderateincome households in Ukiah struggling with COVID-19economic impacts. Payments were intended to preventthe cutoff of utility services or provide emergencypayments for essential short-term utility-related need.Additionally, the City has developed a rebate programfor those affordable housing developers that achieveenergy efficiency savings above Title 24 standard.

H-1 - 1c: Support funding or otherapplications that wouldpreserve/conserve existing mobilehome parks.

Preserve at-risk housing units. Ongoing, as needed ONGOING: A rent stabilization ordinance was adopted by the City Council in 2011. Staff has investigated theMobilehome Park Rehabilitation and ResidentialOwnership Program (MPRROP) via HCD that wouldfinance the preservation of affordable mobilehomeparks by conversion to ownership or control byresident organizations, nonprofit housing sponsors, orlocal public entities, but no action has yet been taken.

UKIAH - 2022 16

H-1 - 1d: Continue providing
informational materials to thepublic through the Green BuildingInformation Center and at thepublic counter.

Provide education and opportunities toincrease green building practices.

Ongoing, as new and relevant information is available. ONGOING: In 2022, staff updated and maintained the Green Building Resource Center in the Ukiah CivicCenter. The Community Development Departmentalso maintains resources on its website, includinghelpful links to enable the public to experience andlearn more about healthy and energy, water, andmaterial conserving design and construction.Additionally, the City's Electric Utility Departmentprovides information on education on these types ofpractices and programs.

H-1 - 1e: Develop standards anddesign guidelines for residentialdevelopment in the MediumDensity Residential (R-2) andHigh Density Residential (R-3),Community Commercial (C-1) andHeavy Commercial (C-2) zoningdistricts.

Streamline housing development. Establish development standards and design guidelines by the end of calendar year 2020.

COMPLETED: Objective Design and DevelopmentStandards adopted by the City Council (Ordinance1216) on 9/1/2021. In 2022, these standards wereutilized by the mixed-use development project, AcornValley Plaza.

H-1 - 1f: Develop an At-Risk UnitsProgram
Preserve at-risk housing units. Develop At-Risk Program by the end of calendar year 2020.

ONGOING: The nature of conversion risk variessignificantly among projects depending on the type ofsubsidy and related affordability controls. Staffannually monitor local investment in projects that havebeen acquired by non- or for-profit entities to ensurethat properties are well-managed, maintained andoperated in accordance with the City’s municipalstandards. As all units are guaranteed to remainaffordable for the remainder of this RHNA cycle, theCity will continue to monitor, however, should changesto status arise, Staff will implement efforts to preserveat risk units.

H-1 - 1g: Tenant Education andAssistance for Tenants of At-RiskProjects.

Require property owners to give notice to tenants oftheir intent to opt out of low-income use restrictions.Provide tenants of at-risk units with educationregarding tenant rights and conversion procedures.

Develop education program and notificationprocedures by June 30, 2020; implement program onan ongoing basis throughout the 2019-2027 planningperiod.

COMPLETED AND ONGOING: Informationalhandouts were developed by City Staff to educatetenants of their rights and conversion procedures. Atthis stage, however, no at risk projects have beenidentified by the City of Ukiah that would requirefurther action.

H-2 - 2a: Update the inventory ofvacant and underutilized parcels.

Ensure that adequate residentially designated land isavailable to accommodate the City’s share of theRegional Housing Need.

Updated annually, by June 30 of each year; posted onthe City’s website and at the public counter COMPLETED & ONGOING: This list was updated inconjunction with the City of Ukiah Municipal ServiceReview in December, 2022. It is seperately posted tothe City of Ukiah's Planning Division webpage.

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H-2 - 2b: Monitor the rate of
conversion of primary residencesto short-term rental units.

Ensure that adequate residentially designated land isavailable to accommodate the City’s share of theRegional Housing Need and not converted tocommercial uses.

Develop monitoring program by June 30, 2020;annually track number of short-term rentals andpresent information along with annual progress reportto City Council each year; short-term rental ordinanceresearch report due June 30, 2025.

ONGOING: Monitoring of short-term rentals isfacilitated through the Plan Check/business lisenceprocess. All Short-Term Rentals require a businesslicense to operate within the City of Ukiah. Staff willreview software programs to further assist with shortterm rental enforcement, but notes that a signifigantportion of operators do not facilitate whole-homerentals and that the number of operatots does notappear signifigant based on active business lisences.

H-2 - 2c: Monitor the conversionof single family residential homesto commercial uses Ensure that adequate residentially designated land isavailable to accommodate the City’s share of theRegional Housing Need and not converted tocommercial uses.

Gather data and report findings to City Council byJune 30, 2021.

ONGOING: Presently, conversion of residentialstructures is monitored via the Plan-Check Process. In2023, there were no conversions of residential homesto commercial uses. In fact, the most recent submittalsare to facilitate the conversion of commercialstructures into residential units.

H-2 - 2d: Pursue additionalfunding sources to augment theUkiah Housing Trust Fund,creating a permanent source offunding for affordable housing.

Encourage the development of a variety of differenttypes of housing. Facilitate the production of housingfor all segments of the Ukiah population Ongoing. Ongoing: The City submitted an application for Permanent Local Housing Allocation (PLHA) formulafunds to HCD in 2022. This ongoing annual formulaprogram will make approximately $150,000 availableper year to the UHTF to assist affordable housingprojects.

H-2 - 2e: Continually engage witha variety of housing developerswho specialize in providinghousing to each economicsegment of the community.

Facilitate the production of housing for all segments ofthe Ukiah population Ongoing community and stakeholder outreach,occurring at least on a quarterly basis and continuingthroughout the 2019-2027 planning period.

ONGOING: City Staff continue to actively participate inthe Inland Mendocino County Housing Action Team,which includes developers of residential homes. In2022, as requested, Staff met with project developersfrom Mendocino County and Northern Califronia toengender interest in locating projects within the City.In response to developer requests, the City hasidentified LEAP funds to research and develop anelectronic permitting system for use by interestedparties.

H-2 - 2f: Amend the zoning code:Emergency Shelters,Transitional/Supportive Housing,Single Room Occupancy Housingand Manufactured/Factory BuiltHomes Facilitate the production of housing for all segments ofthe Ukiah population Complete draft Zoning Code amendments byDecember 30, 2020; secure adoption by June 30,2021.

COMPLETE: Zoning Ordinance amendments adoptedby the City Council (Ordinance 1216) on 9/1/2021.

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H-2 - 2g: Facilitate the
consolidation of smaller, multifamily parcels by providingtechnical assistance to propertyowners and developers in supportof lot consolidation.

Facilitate the production of housing for all segments ofthe Ukiah population. Preserve at-risk housing units.

Present report to Planning Commission and CityCouncil, with recommendations, by June 30, 2026.

ONGOING: The City continues to look for theseopportunities, but none were identified. Byencouraging the consolidation of smaller, multi-familyparcels, allowing for an increase in the number ofunits, the City improves the infrastructure capacity andhousing supply and affordability. This task is includedin the LEAP Grant awarded to the City and isscheduled to commence 1/1/2023.

H-2 - 2h: Ensure capacity ofadequate sites for meeting RHNA:(1) Update C1 and C2 Zones toallow by-right housingdevelopment, with objectivedesign and developmentstandards (2) Update the R-2Zone to allow up to 15 dwellingunits per acre instead of 14dwelling units per acre (3) Updatethe C-N Zone to increaseresidential density and allowsimilar housing types as thoseallowed in R-2. (4) By-righthousing program for selectparcels.

Facilitate the production of housing for all segments ofthe Ukiah population Develop objective design and development standardsper schedule associated with Implementing Program1e; pursue amendments to the Zoning Code asoutlined above by June 30, 2021.

COMPLETED: Zoning Ordinance amendmentsincluding by-right housing development with objectivedesign and development standards, increasingresidential density in the C-N zone, and by-righthousing for select parcels, adopted by the City Council(Ordinance 1216) on 9/1/2021. The Council adopted aResolution to amend the General Plan to match theincrease in density in the C-N Zone on 8/18/2021.

H-2 - 2i: Monitor residentialcapacity (no net loss). Proactivelymonitor the consumption ofresidential acreage to ensure anadequate inventory is maintainedfor the City’s RHNA obligations.

Preserve at-risk housing units. Ongoing, with annual reports to HCD and the City Council; develop and implement a project evaluationprocedure pursuant to Government Code 65863, byJune 30, 2021.

ONGOING: No residential net loss was identified forthe year 2022, as the City has updated its vacant andunderutilized inventory to ensure that there isadequete acreage to maintain the City’s RHNAobligations..

H-2 - 2j: First Time HomebuyerAssistance
Expand affordable housing opportunities for first timehomebuyers.

Ongoing ONGOING: The City of Ukiah (“City”) first time
homebuyer program is designed to provide assistanceto eligible homebuyers in purchasing homes, alsoreferred to herein as “housing units”, located within theProgram’s eligible area. First time homebuyerassistance through a competitively granted HOMEaward was provided to 2 households, enabling them topurchase their own homes in 2021. In 2022, the Cityresearched new funding opportunities to support theprogram.

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H-2 - 2k: Collaborate with local
service providers on addressinghomelessness. Continueparticipation in the MendocinoCounty Continuum of Care.

Facilitate the production of housing for all segments ofthe Ukiah population, including those with specialneeds.

Ongoing ONGOING: The City continues to participate in the Mendocino County's Continuum of Care via multipleDepartments, including the Ukiah Police Departmentand the City Manager's Office.

H2-2l: Review existing Cityprocesses for compliance with AB2162.

Revise zoning codes/processes to allow supportivehousing by right in zones where multifamily and mixeduses are permitted, including nonresidential zonespermitting multifamily uses.

Complete review of existing City processes by June30, 2020; revise zoning codes/processes byDecember 31, 2020 COMPLETE: Included in the Zoning CodeAmendments adopted by the City Council on 9/1/2021.

H-2 - 2m: Housing UnitsReplacement Program
Ensure that adequate residentially designated land isavailable to accommodate the City’s share of theRegional Housing Need. In order to mitigate the loss ofaffordable housing units, require new housingdevelopments to replace all affordable housing unitslost due to new development.

The replacement requirement will be implementedimmediately and applied as applications on identifiedsites are received and processed.

ONGOING: Displacement not identified in 2022, as alldevelopment was supplemental or occurred on vacantparcels.

H-2- 2n: Homeless ShelterOverlay District Evaluation.Evaluate the Homeless ShelterOverlay District to determinesuitability for accommodating theidentified number of homelesspersons.

Facilitate the production of housing for all segments ofthe Ukiah population, including those with specialneeds.

Complete evaluation of overlay district on a bi-annualbasis, with the first report due to Planning Commissionby June 30, 2020. Depending on results ofevaluation(s), make recommendations for optionsincluding possible amendment of the District within 6months of the date the report is due.

COMPLETE: Staff presented analysis to the PlanningCommission, and determined that the currenthomeless shelter overlay district was adequete tomeet the needs of unhoused individuals, includingthose with special needs.

H-3 - 3a: Research, review andamend the developmentstandards in the zoning code foropportunities to maximize housingdevelopment.

Increasing maximum allowable height for newresidential buildings; Increasing density; Reducingyard setbacks; Reducing minimum site area; UpzoningR-1 (Single-family Residential) and R-1-H (Singlefamily Residential- Hillside Combining) zoning districtsto allow by-right and/or permit other residential buildingtypes and densities.

Complete draft Zoning Code amendments byDecember 30, 2021; secure adoption by June 30,2022 COMPLETE: Zoning Ordinance amendments includingby-right housing development with objective designand development standards, increasing residentialdensity in the C-N zone, and by-right housing forselect parcels, adopted by the City Council (Ordinance1216) on 9/1/2021. The Council adopted a Resolutionto amend the General Plan to match the increase indensity in the C-N Zone on 8/18/2021.

H-3 - 3b: Develop flexible parkingpolicies for new residentialdevelopment. The intent of thispolicy is to reduce parkingrequirements, especially in zoningdistricts that allow for lowerincome housing developments.

Remove governmental constraints to infill housingdevelopment.

Complete draft policy by June 30, 2020 COMPLETE: Zoning Ordinance amendments including flexible parking policies were adopted by theCity Council (Ordinance 1216) on 9/1/2021.

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H-3 - 3c: Explore other policies
and regulations that facilitate newinfill housing development.Produce report withrecommendations and present toPlanning Commission and CityCouncil.

Encourage the use of density bonuses and provideother regulatory concessions to facilitate housingdevelopment.

Complete draft report by June 30, 2026 ONGOING: Staff continues to research policies and regulations that facilitate new infill housingdevelopment.

H-3 - 3d: Facilitate improvementsto permit processing to streamlinehousing development.

Remove governmental constraints to infill housingdevelopment.

Pre-application conferences ongoing; City processingprocedures brochure developed by June 30, 2021 COMPLETE & ONGOING: Staff created a HousingDevelopment Checklist (processing proceduresbrochure) for by-right housing development ofduplexes, triplexes, 4-plexes and larger projects in12/2021. These are currently available on the Citywebsite and via email upon request. It was also sent toknown housing developers currently working with theCity. In 2022, Danco Communities utilized theseobjective standards to facilitate development of AcornValley Plaza at 210 East Gobbi Street.

H-3 - 3e: Continue to apply theCEQA infill exemption tostreamline environmental review.

Improve building and planning permit processing forresidential construction.

Ongoing ONGOING: Staff regularly applies and utilizes the CEQA infill exemption to streamline enviornmentalreview when appropriate.

H-3 - 3f: Review SiteDevelopment Permit and UsePermit Processes. Produce reportfor City Council analyzingprocesses and makingrecommendations for how torevise processes and/or UkiahCity Code such that projectapproval process is accelerated.

Remove governmental constraints to infill housingdevelopment. Improve building and planning permitprocessing for residential construction.

Report due to City Council by December 31, 2020;process and/or code improvements to be implementedimmediately thereafter.

COMPLETED: Zoning Ordinance amendments,including by-right housing with objective design anddevelopment standards were adopted by the CityCouncil on 9/1/2021 (Ordinance 1216) . Theseobjective standards streamline both the SiteDevelopment Permit and Use Permit processes. In2022, Danco Communities utilized these objectivestandards to facilitate development of Acorn ValleyPlaza at 210 East Gobbi Street.

H4- 4a: Continue to collaboratewith the Ukiah Police Departmentand property owners andmanagers to keep housing safe.Support the Crime Preventionthrough Environmental Designstandards through continuedreferral of residential newconstruction projects to the UkiahPolice Department.

Continue to implement effective crime preventionactivities.

Ongoing ONGOING: The Community Development Department
continues to collaborate with the Ukiah PoliceDepartment (UPD), as the UPD reviews all housingproject applications as a part of the Department'sreferral process and regularly makes comments.Comments from UPD are derived from the UPD'sCrime Prevention Through Environmental Designstrategy.

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H4- 4b: Continue to refer housing
discrimination complaints to LegalServices of Northern California,State Fair Employment andHousing Commission, and theU.S. Department of Housing andUrban Development (HUD).

Promote fair housing practices in the sale or rental ofhousing with regard to race, color, national origin,ancestry, religion, disability/ medical conditions, sex,age, marital status, familial status, source of income,sexual orientation/gender identify, or any otherarbitrary factors.

Ongoing ONGOING: No complaints received in 2022, but the City remains cognizant of this objective.

H4- 4c: Develop project referralprocedural for referral of allproposed General Planamendments to the appropriatemilitary office for review andcomment. Revise theplanning permit application form toinclude this step of referral.

Promote well-planned and designed housingopportunities and projects for all persons.

Develop referral procedure and revise planning permitapplication form by December 31, 2019; implement onJanuary 1, 2020.

COMPLETED: In determining the impact of newgrowth on military readiness activities, informationprovided by military facilities shall be considered. TheCity shall address military impacts based oninformation from the military and other sources. Allamendments to the Ukiah General Plan, and largedevelopment projects shall be sent to military referalentities. A request for review is sent to these contactsprior to determination of project’s completeness, sothat any requests for additional information orconditions may be integrated into the project in atimely manner. In 2022, the City utilized this referallprocedure to provide notice to appropriate militaryoffices on October 18, 2022 for the City's 2040General Plan.

H5-5a: Maintain a housingresources webpage.

Assume a leadership role in the development of alltypes of housing in the community.

Updated regularly, as new and relevant information isavailable.

COMPLETED & ONGOING: The City created andmaintains a Housing Services website(http://www.cityofukiah.com/housing-services/).Included on the this webpage are resources such asfunding sources and programs, affordable housingdevelopers, and a list of publicly assisted housingproviders.using Services also coordinates the City’shousing efforts and implementation of the GeneralPlan Housing Element with Planning Division staff andpartners with the City Manager’s Office to implementbusiness assistance loan activities. Current programsinclude the HOME Program, Community DevleopmentBlog Grant Program, and implementation of the UkiahHousing Trust Fund Program.

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H5-5b: Complete the update of
the 2020 Sphere of Influence,Municipal Service Review, andUkiah 2040 General Plan. Includean annexation policy.

Pursue annexation efforts that lead to an orderlyexpansion of growth, where services are adequate forfuture residential development. 2020- Sphere of Influence and Municipal ServiceReview; 2021- Ukiah 2040 General Plan.

Completed & Ongoing: On December 9, 2022,Mendocino County LAFCo adopted the City'sMunicipal Service Review and Sphhere of InfluenceUpdate in conjunction with the Ukiah Val+A13:D43leySanitation District. The City currently has twoannexation applications submitted, which are beingreviewed by LAFco staff.

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