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Agenda packet, regular meeting

Ukiah City Council
October 18, 2023

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Agenda packet, regular meeting
Meeting
October 18, 2023
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Ukiah City Council
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581
Original file
88.1 MB
Text extracted from the city's file for reading and search. Open the original on ukiahca.api.civicclerk.com. That file is the official record.

Planning Commission | Staff Report
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
7 Table 3 - Commercial Projects Outside Downtown Design District Yes No N/A
X Site Features: Site design is compatible with the natural environment, and incorporates the major existing features (trees, landscaping, city creeks, riparian habitat, lot shape, size, relationship to surrounding area).

X Coordination: Facilities are shared and coordinated with adjacent properties.

X Coordination: Setbacks are compatible with character of adjacent frontages.

X Coordination: Setbacks are minimized to enhance the pedestrian environment.

X Pedestrian Access: Site has pedestrian orientation, consistent with uses, design, and architecture.

X Pedestrian Access: Pedestrian elements are attractive and functional (walkways link parking to building entrances and other walkways; planters, street furniture, outdoor seating, pedestrian oriented signs, low level lighting provided).

X Pedestrian access: Parking areas with 12 or more stalls: defined sidewalk or marked pedestrian facilities in landscaped areas or separated from traffic lanes required.

X Parking lots: Decrease visual prominence and reduce heat island effect (locate behind buildings, divide into smaller lots, avoid large unbroken expanses of paving; emphasize screening, shading, landscaping).

X Landscaping: Scale and nature of landscape materials is appropriate to the site and structures.

X Landscaping: 20% of gross lot area landscaped / 50% live plantings; landscape redevelopment or reuse projects to extent feasible (Plants are of type, spacing and sizing to reach maturity within reasonable time. Hardy, drought tolerant, low maintenance species adapted to Ukiah climate are emphasized, parking lots trees also withstand heat, pollutants. Deciduous trees used on south and west. Automatic irrigation required for new commercial development
X Landscaping: Parking areas with 12 or more stalls: 1 tree per 4 stalls within continuous linear strips. Perimeter planting strips use trees and

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Planning Commission | Staff Report
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
8 shrubs. Focus on deciduous trees achieving 50% shading within 10 years
X Landscaping: Parking lots generally: Perimeter planting strips, Street trees selected from Ukiah Master Tree List required
X Signs: Signs are compatible with architectural character of buildings (signage does not dominate site, uses compatible colors and material, lighting is restrained and harmonious, sandwich boards are creative/subdued co/or/minimal copy).

X Lighting: Lighting harmonizes with site, building design, architecture and landscaping (lighting form, function, character, fixture styles, design and placement; lighting does not interfere with pedestrian movement).

X Energy Conservation: Active and passive solar and other renewable energy design and devices are used (building orientation, landscaping, lighting, heating and cooling, photovoltaic system-ready or installed).

X Energy Conservation: Devices are unobtrusive and complement design (solar panels flush with roof).

X Visual Appearance: Buildings are visually cohesive, compatible and complementary (scale, proportion, design, style, heights, mass, setbacks).

X Visual Appearance: Buildings exhibit variety and distinctiveness (but avoid overly obtrusive or overly monotonous designs, or strong contrast with adjacent buildings, creative use of natural and recycled materials; metal discouraged unless creative and consistent with Guidelines)
X Visual Appearance: Variety of architectural features encouraged tied to comprehensive design theme (arches, raised parapets, cornices, eaves, windows, balconies, entry insets, roof angles and pitches, wall relief features).

X Visual Appearance: Building exteriors compatible with surrounding properties (compatible materials, colors, quality, coordinated but not the same as surrounding properties, avoid strong or vivid colors unless they fit within local context, concrete block/exposed concrete on visible waifs finished in aesthetic manner).

X Visual Appearance: Visible fences compatible with project and visually attractive (compatible colors, materials, styles; wire fences, high barriers and use for advertising discouraged).

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Planning Commission | Staff Report
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
9 X Visual Appearance: Site and buildings are visually attractive from neighboring properties, traffic and corridors, and public spaces (service areas and devices screened, integrated and compatible with site features; common mailboxes architecture consistent and located close to building; above criteria is applied to areas visible to public view; rear and side views are visually interesting, coordinated and well-maintained).

X Maintenance: Demonstrate consideration of site and building maintenance.

X Walkable and bikeable communities: The project provides connections for walkers and bicyclists to the surrounding community (provides walking/biking facilities on the site, connects to nearly walking/biking facilities, provides shortcuts for walkers/bikers, project is located within ¼ or ½ of other places to walk).

X Walkable and bikeable Communities: Sidewalks provide are convenient and safe access (sidewalks sufficiently wide, without obstruction; curbs, shade, lighting provided; buffers between walkers and traffic provided; safe and direct street crossings for walkers).

X Walkable and bikeable communities: Entrances provide convenient access (entrances adjacent to street, minimal setback, routes and accessways are well marked, sidewalks provided uninterrupted access to entrances, safe bike parking is located close to entrances).

X Green Building: Sustainable site
X Green Building: Water efficiency
X Green Building: Energy
X Green Building: Materials and resources
X Green Building: Indoor environmental quality
X Visitability and Universal Design: The site and its elements are accessible to people at differing stages, ages and circumstances:
accessible primary and interior entrance and routes, accessible kitchen and bath space and devices, for dwellings accessible bedroom, common room, and devices).

DESIGN REVIEW BOARD: On May 25, 2023, the Project was evaluated by the Design Review Board (DRB) for consistency with C-2 Zoning Standards, as well as the associated Site Development Permit Findings. At the conclusion of the public hearing, the DRB unanimously recommended approval of the Project to the Planning Commission with the following recommendations:

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Planning Commission | Staff Report
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
10 1. Utilize monument signage option #2, and reduce the height from 30 feet to 22 feet;

2. At the ‘Car Wash Entry’ substitute the painted corrugated metal panels featuring LUV pink with gray or silver corrugated metal;

3. Consider simplification of the roof-line;

4. Consider desaturation of the LUV pink color selection.

At the suggestion of the Applicant, the proposal has been conditioned to facilitate the requested recommendations numbers 1 and 2. Upon evaluation of recommendations numbers 3 and 4, Staff conferred with the Applicant who clarified the color selection addressing concerns regarding the intensity of the selected color, which can primarily be attributed to the different mediums and formats of the printed materials. Additionally, the massing on the pink-color was reduced to the satisfaction of recommendation number 2, which further lessens concerns regarding intensity.

Finally, the Applicant conveyed the difficulties of facilitating an alternative design for the structure’s roofline. Staff supports the Applicant’s determination, as it was conveyed as a suggestion by the DRB with minimal guidance to address the recommendation. Alteration of the roofline is constrained by the need to obscure rooftop solar panels, provide internal clearance requirements for the car wash structure (14’), and comply with the required site development permit finding that there is sufficient variety, creativity, and articulation to the architecture and design of the structure and grounds to avoid monotony and/or a box-like uninteresting external appearance. As a result, Staff is satisfied that the Applicant has appropriately considered and incorporated the recommendations of the Design Review Board.

Draft minutes of the May 25, 2023, Design Review Board Meeting are included as Attachment

6. GENERAL PLAN (2040): The Project site carries a General Plan designation of Community Commercial (CC). This designation identifies areas generally located along major corridors in the city including State Street, East Gobbi Street, and Talmage Road, with the intent of providing a transition between higher-intensity commercial uses along Highway 101 and residential neighborhoods on the western side of the city.

The proposed project would include redevelopment of a degraded commercial property along the Talmage Road corridor that was previously utilized for the commercial activity proposed. The proposed project incorporates input from Staff, other City departments, outside agencies and recommendations by the DRB to incorporate a high-quality design, landscape and pedestrian improvements to Talmage Road and Perry Street. The project will aid in enhancing a corner parcel and reutilizing a site that has few development opportunities due to restrictions associated with the UKIALUCP.

The project supports the following goals and policies contained within the Economic Development, Mobility, and Land Use elements of the General Plan.

Economic Development Element
 Goal ED-6: To maintain a supportive business climate and a healthy economy that leads to the expansion of existing businesses and the attraction of new ones.  Goal ED-7: To grow the local economy and employment base by supporting efforts to retain, expand and attract local businesses.

Mobility Element

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Planning Commission | Staff Report
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
11  Policy MOB-1.2: Multi-modal Access. The City shall require that all new development and redevelopment projects include provisions for multi-modal access provisions such as pedestrian and bicycle facilities, and vehicle and transit where relevant.  Policy MOB-1.8: New Development and Complete Streets. The City shall require all new development to provide adequate access for pedestrians, bicyclists, motorists, transit users, and persons with disabilities, as well as facilities necessary to support the City’s goal of maintaining a complete street network.
 Policy MOB-2.3: Pedestrian Facilities. The City shall encourage new development and redevelopment that increases connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, shopping and employment destinations throughout the City.

Land Use Element
 Policy LU-4:1: High-Quality Building Design. The City shall encourage distinctive and highquality commercial building design and site planning that respects the character of Ukiah.  Policy LU-8.4: Reuse of Underutilized Property. The City shall encourage property owners to revitalize or redevelop abandoned, obsolete, or underutilized properties to accommodate growth.
 Goal LU-11: To ensure high-quality site planning, landscaping, and architectural design for all new construction, renovation, or remodeling.

ENVIRONMENTAL DOCUMENTATION
The proposed project is subject to the California Environmental Quality Act (CEQA). The project qualifies for a categorical exemption pursuant to CEQA Guidelines Article 19, Class 3 (C): New Construction of Commercial Structures. It is noted that this exemption can be applied to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive.

Staff has determined the exemption is appropriate, as the project is in an urbanized area and zoned for heavy-commercial use; that it consists of commercial structures of less than 10,000 total square feet; that all needed public services and facilities are available; and that the surrounding area is not environmentally sensitive.

NOTICE
Notice of the Public Hearing was provided in the following manner, in accordance with UCC §9264:
 Published in the Ukiah Daily Journal on June 18, 2023;  Posted on the Project site on June 18, 2023;
 Posted at the Civic Center (glass case) 72 hours prior to the public hearing; and  Mailed to property owners within 300 feet of the Project parcels on June 18, 2023.

RECOMMENDATION
Staff recommends that the City of Ukiah Planning Commission:
1) Conduct a public hearing; and

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Planning Commission | Staff Report
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
12 2) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Article 19, Section 15303, New Construction of Commercial Structures; and
3) Approve the Major Site Development Permit to demolish an existing car wash facility and construct a new automated car wash facility at 162 Talmage Road, Ukiah, CA; APNs 003-140-49; 003-140-05; File No. 22-7956, based on the Findings in Attachment 1, and subject to the Conditions of Approval in Attachment 2.

ATTACHMENTS

1. Draft Findings

2. Draft Conditions of Approval

3. Major Site Development Permit - Application Materials

4. Agency Referral Responses

5. Airport Land Use Packet & Materials

6. Design Review Board Minutes - Draft

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Planning Commission | Final Conditions of Approval
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
1 FINAL CONDITIONS OF APPROVAL FOR A MAJOR SITE DEVELOPMENT PERMIT TO

DEMOLISH AN EXISTING CAR WASH FACILITY AND CONSTRUCT A NEW AUTOMATED CAR WASH FACILITY FEATURING AN 85-FOOT-LONG CAR WASH TUNNEL, NINE (9) VACUUM STATIONS, LANDSCAPING, AND COMMERCIAL SIGNAGE AT 162 TALMAGE ROAD, UKIAH, CA; APNS 003-140-49; 003-140-05; FILE NO. 22-7956.

The following Conditions of Approval shall be made a permanent part of the Major Site Development Permit, shall remain in force regardless of property ownership, and shall be implemented for this entitlement to remain valid.

Approved Project Description: The Applicant proposes demolish an existing car wash facility and construct of a new automated car wash facility featuring an 85-foot-long car wash tunnel, nine (9) vacuum stations, landscaping, and commercial signage at 162 Talmage Road, Ukiah, CA; APNs 003-140-49; 003-140-05; File No. 22-7956.

CITY OF UKIAH STANDARD CONDITIONS

1. This approval is not effective until the 10-day appeal period applicable to this Major Site Development Permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal.

2. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof.

3. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met.

4. Building permits shall be issued within two years after the effective date of the Site Development Permit or same shall be null and void.

5. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued.

6. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 7, Signs, of the UCC. Prior to the placement/installation of any sign(s), the applicant shall make application for and receive approval of a sign and building permit.

7. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits.

8. All fees associated with the project planning permits and approvals shall be paid in full prior to occupancy.

9. All required landscaping for commercial development projects shall be maintained.

10. As outlined in Article 20, Administration and Procedures, of the Zoning Code this planning permit may be revoked through the City’s revocation process if the approved project related to

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Planning Commission | Final Conditions of Approval
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
2 this Permit is not being conducted in compliance with these stipulations and conditions of approval; or if the project is not established within two years of the effective date of this approval; or if the established use for which the permit was granted has ceased or has been suspended for 24 consecutive months.

ELECTRIC UTILITY DEPARTMENT

11. This property will be served from existing underground power.

12. Developer is to provide EUSERC approved electrical equipment compatible with the City of Ukiah's EUSERC Acceptability Chart before the panel can be used on this project. Size of panel and load calcs to be include.

13. All future site improvements shall be submitted to the Electric Utility Department for review and comment. At that time, specific service requirements, service Voltage and developer costs and requirements will be determined.

14. Developer/customer shall incur all costs of this future project to include (labor, materials, equipment and future services).

15. There shall be an easement provided to the EUD for any Primary or Secondary that transverses through the property. Or around any City owned Electric equipment.

UKIAH POLICE DEPARTMENT

16. Provide UPD dispatch with current appropriate business contact names and telephone numbers for after-hours contact.

17. Keep dumpsters locked to limit unauthorized dumping or scavenging or keep in locked/gated area.

18. Place no trespassing signs on property.

19. Any exterior electrical outlets shall have locking plates or decommission for non-use to limit illegal usage.

20. Any exterior water faucets shall have a locking box cover or decommission for non-use to limit illegal usage.

BUILDING INSPECTION DIVISION

21. The design and construction of all site alterations shall comply with the 2022 California Building Code, 2022 Plumbing Code, 2022 Electrical Code, 2022 California Mechanical Code, 2022 California Fire Code, 2022 California Energy Code, 2022 Title 24 California Energy Efficiency Standards, 2022 California Green Building Standards Code, City of Ukiah, and

FIRE PREVENTION DIVISION

22. For assistance with fire-related plan review issues, technical questions, firer-elated inspection questions or issues, please call (707) 467-5718.

23. Per 507.5.1 a new steamer fire hydrant (white) will be required on the corner of Perry and Talmage.

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Planning Commission | Final Conditions of Approval
Major Site Development Permit
162 Talmage Road
File No.: 22-7956
3 24. All electrical disconnects shall be accessible from the exterior of the building.

25. Knox boxes/key cabinets shall be provided for all pool enclosures, gates in the path of firefighter travel to structures, secured parking levels, doors giving access to alarm panels and/or annunciators, and any other structures of areas where immediate access is required or is unduly difficult.

26. Address Identification: Approved numbers and/or addresses shall be placed and maintained on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach.

DESIGN REVIEW BOARD

27. Utilize monument signage option #2, and reduce the height from 30 feet to 22 feet; See Special Condition of Approval #33.

28. At the ‘Car Wash Entry’ substitute the painted corrugated metal panels featuring LUV pink with gray or silver corrugated metal;

AIRPORT LAND USE COMMISSION

29. Prior to the issuance of any discretionary planning permits from the City of Ukiah, including a site development permit for the proposed car washing facility, the owner/applicant shall dedicate an Avigation Easement consistent with Policy 3.3.6 of the UKIALUCP. The Avigation Easement shall be in a form and content acceptable to the City Attorney.

30. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be filed any time the project is abandoned or within 5 days after the construction reaches its greatest height.

PUBLIC WORKS

31. To align with pending capital improvement projects along the Talmage Road corridor, prior to issuance of any encroachment permit for proposed street infrastructure/improvements, the Applicant shall coordinate with the City Engineer to ensure the most appropriate location(s) are identified and improved.

SPECIAL CONDITIONS OF APPROVAL – PC HEARING (06.28.23)

32. Reduce the height of the ‘Tower’ on the car-wash structure from 30’ to 25’ in height.

33. Reduce the height of the ‘Freestanding Sign’ to a height similar to other signage within the vicinity of the intersection of Talmage Road and South State Street to the satisfaction of the Community Development Director.

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PLANNING COMMISSION
June 28, 2023
Jesse Davis, Chief Planning Manager
City of Ukiah Department of Community Development
LUV Express Carwash
162 Talmage Road; APNs 003-140-49; 003-140-05
File No. MaSDP 22-7956.

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PLANNING COMMISSION May | 2

PROJECT OVERVIEW
• Demolish an existing ±2,857
sq. ft. car wash facility.
• Construct a new automated
±2,433 sq. ft. car wash facility,
featuring:
• 85-foot-long automatic car
wash tunnel;
• 9 vacuum stations;
• 3 Parking Spaces;
• Landscaping;
• Sidewalk and streetimprovements along Perry
Street and Talmage Road;
• 22’ commercial signage

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PLANNING COMMISSION May 31, 2017 | 3

PROJECT CHRONOLOGY
• December 09, 2022: Application Submitted
• December 15, 2023: ALUC Referral
• February 9, 2023: ALUC Consistency Determination
Requested
• March 23, 2023: ALUC Hearing - Cancelled
• April 6, 2023: ALUC Hearing - Cancelled
• April 6, 2023: Agency Project Referrals Requested
• April 9, 2023: ALUC Consistency Determination
• May 25, 2023: Design Review Board
• June 28, 2023: Planning Commission
• Summer 2023: Permit Review – Tentative
• Winter (2023)/Spring (2024): Demolition and
Construction – Tentative

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4 PARCEL CONFIGURATION

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5 PARCEL CONFIGURATION

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6 EXISTING SITE & SETTING

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Zoning District
General Plan Designation
Location Map

EXISTING SITE & SETTING

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TALMAGE ROAD REHABILITATION PROJECT
GHD is under contract with
the City to provide design
services for the Talmage
Road Rehabilitation project.

This project includes;
• Resurfacing
approximately 1700 feet
of roadway between State
Street and Airport Park
Boulevard.
• Addition of sidewalk and
pedestrian paths to
complete gaps in the
existing corridor.
• Utility undergrounding
and coordination.
• Scheduled - FY 25/26

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PLANNING COMMISSION May 31, 207 | 9
AIRPORT LAND USE – PROCESS AND CONSIDERATIONS
• Ukiah City Code §9004
• FAA Aeronautical Study
• Project compatibility with the Ukiah
Municipal Airport Land Use
Compatibility Plan (UKIALUCP)
• Airport Zone 1* (Runway Protection
Zone) and Airport Zone 2 (Inner
Approach/Departure Zone)
• Zone 1 Allowances: Natural Land
Area, Water, Agriculture, Outdoor
Storage, Auto Parking
• ALUC Review Process and NonConformance

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PLANNING COMMISSION May 31, 2017 | 10
DESIGN REVIEW BOARD – PROCESS AND CONSIDERATIONS
• Utilize monument signage option
#2, and reduce the height from 30
feet to 22 feet;
• At the ‘Car Wash Entry’ substitute
the painted corrugated metal
panels featuring LUV pink with gray
or silver corrugated metal;
• Consider simplification of the roofline;
• Consider desaturation of the LUV
pink color selection.

On May 25, 2023, DRB evaluated the
project for consistency with C-2 Zoning
Standards, as well as the associated Site
Development Permit Findings. Unanimous
recommendation of approval of the
Project with the following considerations:

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11 162 TALMAGE – LAND USE HISTORY
2004: Minor Site Development
Permit (#04-25)
• Construction of 300 square
foot addition/office and
shade canopy.
1994: Minor Subdivision (#94-34)
• Division of existing
commercial lot to separate
carwash and neighborhood
commercial center.
1987: Major Use Permit (#87-75)
• Development of a
neighborhood commercial
center and carwash.

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12 LANDSCAPING

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ELEVATIONS, COLORS & MATERIALS

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2040 GENERAL PLAN CONFORMANCE
Economic Development Goals
• Goal ED-6: To maintain a supportive
business climate and a healthy economy
that leads to the expansion of existing
businesses and the attraction of new
ones.

Land Use Element Goals
• Goal LU-11: To ensure high-quality site
planning, landscaping, and architectural
design for all new construction,
renovation, or remodeling.

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2040 GENERAL PLAN CONFORMANCE
Mobility Element Policies
• Policy MOB-2.3: Pedestrian Facilities. The City shall encourage new development and redevelopment
that increases connectivity through direct and safe
pedestrian connections to public amenities,
neighborhoods, shopping and employment
destinations throughout the City.

Land Use Element Policies
• Policy LU-4:1: High-Quality Building Design. The City shall encourage distinctive and high-quality
commercial building design and site planning that
respects the character of Ukiah.
• Policy LU-8.4: Reuse of Underutilized Property. The
City shall encourage property owners to revitalize or
redevelop abandoned, obsolete, or underutilized
properties to accommodate growth.

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AGENCY/DEPARTMENT REVIEW
• Community Development Department
• Building & Fire Protection Divisions
• Public Works Department
• Police Department
• Electric Utility Department
• Design Review Board
• Airport Land Use Commission (ALUC) Staff
• Ukiah Valley Fire Authority
• Ukiah Municipal Airport
• Mendocino County Air Quality Management
District (MCAQMD)

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ENVIRONMENTAL REVIEW
The proposed Project is subject to the
California Environmental Quality Act (CEQA).

The Project qualifies for a categorical
exemption pursuant to CEQA Guidelines
Article 19, Section 15303, New Construction
of Commercial Structures.

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STAFF RECOMMENDATION
Staff recommends Planning Commission:
1) Conduct a public hearing; and
2) Approve the Major Site Development Permit to demolish an existing car wash facility and construct a new automated car wash facility at 162 Talmage Road, Ukiah, CA; APNs 003-140-49; 003-140-05; File No. 22-7956, based on the Findings in Attachment 1, and subject to the Conditions of Approval in Attachment 2, with modifications to Conditions of Approval 19 & 20, and the addition of Special Conditions of Approval 32 & 33, as discussed at the Public Hearing on June 28, 2023.

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#23-8648
500
CC C-2 Zone 1* & 2
36 Years X N/A
ATTACHMENT 4

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July 10th, 2023
Luv Carwash – Planning Commission Appeal
Ukiah City Councilmembers,
While I have served and conƟnue to serve on both the City of Ukiah Airport Commission and the Mendocino County Airport Land Use Commission (ALUC) and have done so for more than a decade and a half; I appealed the proposed Luv Carwash Project as a ciƟzen of the City of Ukiah, a Mendocino County resident and as a user of the Ukiah Airport (KUKI).

I am concerned and deeply disappointed that this project has reached this point. While being clearly IncompaƟble with the Runway ProtecƟon Zone (RPZ) as clearly defined in the ALUC – Comprehensive Land Use Plan (CLUP) which the City of Ukiah adopted into its zoning code it seems that checks and balances that are supposed to be in place to protect the Ukiah Airport have failed. Please find the FAA definiƟon of RPZ (AƩachment 1, Map 1).

Due to quorum issues resulƟng from Mendocino County Board of Supervisors acƟons ALUC did not review this project. County Planning Staff prepared draŌ findings supporƟve of the project with no review or authorizaƟon from the ALUC. There is even an unsigned draŌ resoluƟon bearing my name in the PC packet and represented at the PC meeƟng that County Planning Staff had reviewed the project and “Staff was able to provide a consistency determinaƟon... in their recommendaƟon to the Airport Land Use (sic) CommiƩee.” (PC MeeƟng Time Code 24:50). It is not appropriate to appeal to the authority of the County Planning Staff as they have no authority to make determinaƟons. In my view City Staff should have limited comment to the fact that the project was not reviewed by ALUC but due to lack of quorum received it’s “determinaƟon of consistency” by default. Instead, City Staff vigorously promoted the project and downplayed the clear incompaƟbility with the CLUP.

The proposed Luv Carwash project site and buildings project into the Runway ProtecƟon Zone (RPZ). (See AƩachment 1). The boundaries of the RPZ and Comprehensive Land Use Plan (CLUP) Zone 1 match and according to Table 3A (AƩachment 2) Building should not be permiƩed under ANY circumstances.

Table 3A
Personal and Miscellaneous Service: Barbers, Car Washes, Printshops. – Airport CompaƟbility Zone 1 - INCOMPATABLE –
Max Average People/Acre – 0
Max Single Acre Intensity – 0
Open Land Requirement – ALL REMAINING
“GENERALY INCOMPATIBLE – USE SHOULD NOT BE PERMITED UNDER ANY CIRCUMSTANCES” (Table 3A, 3-38)

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FAA Form 7460 – The FAA Form 7460- Review of the project does not consider the restoraƟon of the runway length the City of Ukiah Municipal Airport. The review only looks at the exisƟng runway threshold which is approximately 600’ south of the end of the exisƟng pavement. It seems likely that if the runway length is to be restored most, if not all, that length would need to be added/restored to the North end of the runway.

Cal-Fire has set a runway length requirement for its new tankers (C-130) of 5,000 feet. While we have very close to 5,000 of pavement our current runway is marked out at 4,423’ with the balance of the exisƟng pavement to the North. Cal-Fire fuel sales are criƟcal to the Airport Budget and without those revenues the facility would be in deep financial trouble. It is criƟcal for the community to preserve the Cal-Fire Air AƩack Base and this project, and other incursions into the RPZ, pose a clear and present danger to that goal.

While I am disappointed that City of Ukiah Planning Staff has not, in my opinion, adequately acted to protect the Airport in this case and seems far too eager to greenlight this obviously incompaƟble I understand and sympathize with the desire to improve a blighted property and collect some addiƟonal tax revenue. But this sort of insƟtuƟonal benign neglect is what cost the Ukiah Airport over 500 feet of criƟcal runway decades ago, has threatened our current operaƟons with other incompaƟble projects and is the sort of approach that gets airports closed and is the reason that the California State Legislature created Airport Land Use Commissions. The ALUC process failed as did the Planning Commission. It is now before the City Council; Do your duty to the community. Do not prioriƟze a carwash over the criƟcal community resource – The Ukiah Airport.

This project is clearly incompaƟble with the CLUP. This project proposes a building on the extended centerline of the runway, on the primary path for instrument approaches in the Runway ProtecƟon Zone.

This should not be allowed. To do so would be reckless and irresponsible.

Eric Douglas Crane
CiƟzen-Pilot

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FAA Airport Division – Runway Protection Zones
550 - Runway Protection Zones
Overview
Runway protection zones are a trapezoidal area “off the end of the runway end that serves to enhance the protection of people and property on the ground” in the event an aircraft lands or crashes beyond the runway end. Runway Protection Zones underlie a portion of the approach closest to the airport.

Many people have confused the RPZ with the need for Object Free Areas (OFA), Obstacle Free Zones (OFZ), Object clearing criteria, and Part 77 requirements. Each of these serves distinct purposes and are not all coincident.

While the RPZ also has limitations on obstructions (because it lies below the approach surface and because it includes safety areas and obstacle free areas), the primary purpose of the RPZ is the protection of people and property on the ground.

Airport Property and the RPZ
Under FAA design criteria (which applies to all obligated airports), the airport must own the landing area.

Secondly the airport owner must have sufficient interest in the Runway Protection Zones to protect the Runway Protection Zones from both obstructions and incompatible land use.

Finally the airport owner must strive to attain compatible zoning around the airport in order to prevent incompatible land uses that:
 Could cause sufficient conflict that endangers the airport  Cause it to be closed or
 Require substantial remedial investment to purchase conflicting developed property.

Sponsor may attain sufficient interest in the Runway Protection Zones in three primary ways. (1) The first and the preferred method is for the airport to purchase the approach areas in fee.

Ownership in fee is preferred because it provides maximum control for the airport. (2) The second is through purchase of an easement (or a combination of easement and zoning). (3) The third alternative is to rely upon adequate zoning which should be enacted even if fee or easement ownership is in place.

FAA Advisory Circular 150/5300-13 states this ownership policy as follows:
“All ... existing and planned airport elements including the following should be on airport property. (A) Object Free areas, (B) Runway Protection Zones (C) Areas under ...Part 77 ... imaginary surfaces out where the surfaces obtain a height of at least 35 feet above the primary surface; and (d) Areas, other than those which can be adequately controlled by zoning, easements, or other means to mitigate potential incompatible uses...Such control includes clearing RPZ areas (and maintaining them clear) of incompatible uses and activities.”
Through experience we have learned that it is usually less expensive in the long run to acquire the RPZ in fee rather than acquiring an easement. This is because an easement must be very restrictive in order to provide adequate control unless zoning is also very restrictive.

Compatible Land Use

Page 487 of 581 ends

Compatible land use within the RPZ is generally restricted to such land uses as agricultural, golf course, and similar uses that do not involve congregations of people or construction of buildings or other improvements that may be obstructions.
“The following land use criteria apply within the RPZ: (a) While it is desirable to clear all objects from the RPZ, some uses are permitted, provided they do not attract wildlife, are outside the Runway OFA, and do not interfere with navigational aids. Automobile parking facilities, although discouraged, may be permitted, provided the parking facilities and any associated appurtenances, in addition to meeting all of the preceding conditions, are located outside of the object free area extension. (B) Land uses prohibited from the RPZ are: residences and places of public assembly. (Churches, schools, hospitals, office buildings, shopping centers, and other uses with similar concentrations of persons typify places of public assembly.)”
In cases where the land is already developed and it would be too expensive to acquire the existing development, this policy is a recommendation to the landowner i.e. it is a notice to the landowner that the FAA considers such uses incompatible.
“Where it is determined to be impractical for the airport owner to acquire and plan the land uses within the entire RPZ, the RPZ land use standards have recommendation status for that portion of the RPZ not controlled by the airport owner.” Where such land is vacant, it is rarely impractical to acquire the land in the RPZ. Even if the cost of the land seems to be prohibitive the airport owner is expected to exercise sufficient control through zoning or easements to prevent prohibited land uses.

It is FAA policy to object to incompatible land uses that are proposed for property within the RPZ whether or not the airport owns the land and such objection should be anticipated. In particular when we receive a proposal for an airspace study under Part 157 for the RPZ we will object when that proposal conflicts with an airport planning or design standard or recommendation.

FAA Recommendation
We recommend that Airport owners and managers review the Airport Layout Plan for conformity with the above statement. Airports that do not own the entire RPZ should consider the need to acquire such land if there is any possibility that incompatible land uses could occur with in the RPZ. In particular easements should be reviewed to ensure that land uses are restricted not just obstructions. Where necessary, requests should be made to the appropriate zoning authority to rezone such land to prevent future incompatible use. Where neither zoning nor easements are adequate the RPZ should be acquired in fee.

Airport layout plans should be revised if necessary to show such future land acquisition so that it is eligible under the Airport Improvement Program. An airport can acquire such land and be reimbursed at a later date from a future AIP grant, if funds become available, such land acquisition is shown on an approved ALP, and the FAA determines that such land is eligible.

RESOURCES Advisory Circulars
 AC 150/5300-13 Airport Design

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COMPATIBILITY POLICIES CHAPTER 3
Table 3A
Basic Compatibility Criteria
3–30 Ukiah Municipal Airport Land Use Compatibility Plan ( Adopted May 20, 2021) Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
General Characteristics
Any use having structures (including
poles or antennas) or trees 35 feet
or higher
All (except Zone 1): Ensure airspace
obstruction does not occur (see Policy

3.6.1 and Map 3B) 7
Any use having the potential to cause
an increase in the attraction of birds
or other wildlife 
4, 5, OAE: Avoid use or provide mitigation
consistent with FAA rules and
regulations 8
Any use creating visual or electronic
hazards to flight 
OAE: Avoid use or provide mitigation
consistent with FAA rules and regs 9
Outdoor Uses (no or limited indoor
activities)
Natural Land Areas: woods, brush
lands, desert
1-3: Vegetation must be clear of airspace
surfaces
Water: flood plains, wetlands, lakes,
reservoirs, rivers, detention/
retention ponds 
All: Avoid new features that attract birds or
provide mitigation consistent with FAA
regulations 8
Agriculture (except residences and
livestock): field crops, orchards,
vineyards, pasture, range land 
All: Avoid new features that attract birds or
provide mitigation consistent with FAA
regulations 8
Livestock Uses: feed lots,
stockyards, breeding, fish
hatcheries, horse/riding stables,
poultry and dairy farms 
All (except Zone 1): Avoid new features
that attract birds or provide mitigation
consistent with FAA regulations 8;
exercise caution with uses involving
noise-sensitive animals
Outdoor Major Assembly Facilities
(capacity ≥1,000 people):
spectator-oriented outdoor
stadiums, amphitheaters,
fairgrounds, race tracks, water
parks, zoos 
6: Allowed only if alternative site outside
zone would not serve intended function;
exercise caution if clear audibility by
users is essential

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COMPATIBILITY POLICIES CHAPTER 3
Table 3A, continued
Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–31 Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
Outdoor Large Assembly Facilities
(capacity 300 to 999 people):
spectator-oriented outdoor
stadiums, amphitheaters 
4: Ensure intensity criteria met; exercise
caution if clear audibility by users is
essential
Outdoor Group Recreation (limited
spectator stands): athletic fields,
water recreation facilities
(community pools), picnic areas 
3-5: Ensure intensity criteria met; not
allowed if intended primarily for use by
children; exercise caution if clear
audibility by users is essential
Outdoor Non-Group Recreation
(small/low-intensity): golf courses
(except clubhouse), tennis courts,
shooting ranges 
3, 4: Ensure intensity criteria met; not
allowed if intended primarily for use by
children; exercise caution if clear
audibility by users is essential
Local Parks: neighborhood parks,
playgrounds 
2, 3: Must have little or no permanent
facilities where people congregate;
exercise caution if clear audibility by
users is essential
Camping: campgrounds, recreational
vehicle/ motor home parks 
4: Ensure intensity criteria met; avoid if
disruption by aircraft noise unacceptable
Cemeteries (except chapels) 2-4: Ensure intensity criteria met; avoid if disruption by aircraft noise unacceptable
Residential and Lodging Uses
Single-Family Residential: individual
dwellings, townhouses, mobile
homes, bed and breakfast inns 
2-5: Ensure density criteria met; limit
clustering 10
2, 4 Locate dwelling max. distance from
extended runway centerline where
feasible
Multi-Family Residential: townhouses,
apartments condominiums 
3, 4: Allowed only in Urban Overlay Zone;
ensure density criteria met
Long-Term Lodging (>30 nights):
extended-stay hotels, dormitories

3, 4: Ensure intensity criteria met

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CHAPTER 3 COMPATIBILITY POLICIES
Table 3A, continued
3–32 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
Short-Term Lodging (≤30 nights,
except conference/assembly
facilities): hotels, motels, other
transient lodging
[approx. 200 s.f./person]
3-5: Ensure intensity criteria met
Congregate Care: retirement homes,
assisted living/residential care
facilities, intermediate care
facilities, emergency/homeless
shelters, group homes (youth/adult)

3, 4: Ensure intensity criteria met
Educational and Institutional Uses
Family day care homes (≤14
children) 10 
2-4: CNEL 45 dB max. interior noise level
Children’s Schools: K-12, day care
centers (>14 children), libraries 
6: Allowed only if alternative site outside
zone would not serve intended function;
exercise caution if clear audibility by
users is essential
Adult Education classroom space:
adult schools, colleges, universities
[approx. 40 s.f./person]
3-5: Ensure intensity criteria met
Indoor Major Assembly Facilities
(capacity ≥1,000 people):
auditoriums, conference centers,
resorts, concert halls, indoor
arenas
6: Allowed only if alternative site outside
zone would not serve intended function;
exercise caution if clear audibility by
users is essential
Indoor Large Assembly Facilities
(capacity 300 to 999 people):
movie theaters, places of worship,
cemetery chapels, mortuaries
[approx. 15 s.f./person]
4: Ensure intensity criteria met

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COMPATIBILITY POLICIES CHAPTER 3
Table 3A, continued
Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–33 Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
Indoor Small Assembly Facilities
(capacity <300 people): community
libraries; art galleries; museums;
exhibition space, community/senior
centers 
[approx. 60 s.f./person]
3-5: Ensure intensity criteria met; not
allowed if intended primarily for use by
children; avoid outdoor spaces intended
for noise-sensitive activities
Indoor Recreation: gymnasiums, club
houses, athletic clubs, dance
studios, sports complexes (indoor
soccer), health clubs, spas
[approx. 60 s.f./person]
3-5: Ensure intensity criteria met; not
allowed if intended primarily for use by
children
In-Patient Medical: hospitals, mental
hospitals, nursing homes 
3, 4: Ensure intensity criteria met
Out-Patient Medical: health care
centers, clinics
[approx. 240 s.f./person]
3-5: Ensure intensity criteria met
Penal Institutions: prisons,
reformatories
6: Allowed only if alternative site outside
zone would not serve intended function;
ensure intensity criteria met
Public Safety Facilities: police, fire
stations
3-5: Ensure intensity criteria met
Commercial, Office, and Service Uses
Major Retail (capacity >300 people
per building): regional shopping
centers, ‘big box’ retail, supermarket [approx. 110 s.f./person] 4: Ensure intensity criteria met
Local Retail (≤300 people per
building): community/neighborhood
shopping centers, grocery stores
[approx. 170 s.f./person]
3-5: Ensure intensity criteria met
Eating/Drinking Establishments:
restaurants, bars, fast-food dining
[approx. 60 s.f./person]
3-5: Ensure intensity criteria met

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CHAPTER 3 COMPATIBILITY POLICIES
Table 3A, continued
3–34 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
Limited Retail/Wholesale: furniture,
automobiles, heavy equipment,
building materials, hardware,
lumber yards, nurseries [approx.
250 s.f./person]
2-5: Ensure intensity criteria met
2: Locate structure max. distance from
extended runway centerline where
feasible
Offices: professional services,
doctors, finance, banks, civic;
radio, television and recording
studios, office space associated
with other listed uses
[approx. 215 s.f./person]
2-5: Ensure intensity criteria met
2: Locate structure max. distance from
extended runway centerline where
feasible
Personal and Miscellaneous
Services: barbers, car washes,
print shops
[approx. 200 s.f./person]
2-5: Ensure intensity criteria met
2: Locate structure max. distance from
extended runway centerline where
feasible
Fueling Facilities: gas stations,
trucking and other transportation
fueling facilities
2-4: Ensure intensity criteria met
2: Store fuel underground or in aboveground storage tanks with combined max. capacity of 6,000 gallons; locate
structure max. distance from extended
runway centerline where feasible
Industrial, Manufacturing, and Storage
Uses
Hazardous Materials Production and
Storage (flammable, explosive,
corrosive, or toxic): oil refineries,
chemical plants 
6, OAE: Allowed only if alternative site
outside zone would not serve intended
function; generation of steam or thermal
plumes not allowed
Heavy Industrial  6, OAE: Bulk storage of hazardous materials allowed only for on-site use; permitting agencies to evaluate possible
need for special measures to minimize
hazards if struck by aircraft; generation
of steam or thermal plumes not allowed

Page 493 of 581 ends
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COMPATIBILITY POLICIES CHAPTER 3
Table 3A, continued
Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–35 Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
Light Industrial, High Intensity: food
products preparation, electronic
equipment, bottling plant
[approx. 200 s.f./person]
3-5: Ensure intensity criteria met; bulk
storage of hazardous (flammable,
explosive, corrosive, or toxic) materials
allowed only for on-site use; permitting
agencies to evaluate possible need for
special measures to minimize hazards if
struck by aircraft
Light Industrial, Low Intensity:
machine shops, wood products,
auto repair
[approx. 350 s.f./person]
2-5: Ensure intensity criteria met; bulk
storage of hazardous (flammable,
explosive, corrosive, or toxic) materials
allowed only for on-site use; permitting
agencies to evaluate possible need for
special measures to minimize hazards if
struck by aircraft
2: Locate structure max. distance from
extended runway centerline where
feasible
Research and Development
Laboratories
[approx. 300 s.f./person]
2-5: Ensure intensity criteria met; bulk
storage of hazardous (flammable,
explosive, corrosive, or toxic) materials
allowed only for on-site use; permitting
agencies to evaluate possible need for
special measures to minimize hazards if
struck by aircraft
2: Locate structure max. distance from
extended runway centerline where
feasible
Indoor Storage: wholesale sales,
distribution centers, warehouses,
mini/other indoor storage, barns,
greenhouses
[approx. 1,000 s.f./person]
2, 3, 5: Ensure intensity criteria met;
ensure airspace obstruction does not
occur
Outdoor Storage: public works yards,
automobile dismantling
1: Not allowed in Zone 1, only in 1*
1*, 2: Ensure intensity criteria are met 3;
ensure airspace obstruction does not
occur

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CHAPTER 3 COMPATIBILITY POLICIES
Table 3A, continued
3–36 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
Mining and Extraction  2-6: Generation of dust clouds, smoke, steam plumes not allowed; ensure
airspace obstruction does not occur
Transportation, Communication, and
Utilities
Airport Terminals: airline, general
aviation
Transportation Stations: rail/bus
stations; taxi, trucking and other
transportation terminals
2-5: Ensure intensity criteria met; ensure
airspace obstruction does not occur
Transportation Routes: road and rail
transit lines, rights-of-way, bus
stops
2: Avoid road intersections if traffic congestion occurs; ensure airspace obstruction does not occur
Auto Parking: surface lots, structures 1: Not allowed in Zone 1, only in 1* 1*, 2: Ensure intensity criteria are met 3;
Ensure airspace obstruction does not
occur
Communications Facilities: broadcast
and cell towers, emergency
communications 
2- 6: Allowed only if site outside zone
would not serve intended public function;
locate structures max. distance from
extended runway centerline where
feasible; ensure all facilities and
associated power lines meet airspace
protection criteria (height, thermal
plumes, glare, etc.)

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COMPATIBILITY POLICIES CHAPTER 3
Table 3A, continued
Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–37 Intensity/Density Criteria 1
Airport Influence Area (See Map 3A) 2
Compatibility Zones Other Intensity Criteria Interpretation Airport 1 2 3 4 5 6 Environs
Max. Sitewide Avg. Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 3
0 3
60 120
100
300
150
450
100
300
300
1,200
no
limit
▪ All nonresidential development must satisfy
both sitewide and single-acre intensity limits
Max. Sitewide Average Density
(dwelling units/acre)
0 0.1
(10-ac. lot)

0.5 (2-ac. lot)

0.5 (2-ac. lot)

1.0 no
limit
no
limit
▪ See Policy 3.5.1(b) for single-acre density
limits
Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all
remain’g
25% 15% 15% 25% 15% no
req.
▪ See Policy 3.5.6 for application
▪ Not applicable in Urban Overlay Zone
Land Use Category Legend
(see last page for interpretation) Additional Criteria
▪ Multiple land use categories may apply to
a project
▪ Land uses not specifically listed shall be
evaluated using criteria for similar uses
▪ Typical occupancy Load Factor [approx.
s.f./person] indicated for certain uses 6
Incompatible Conditionally
Compatible
Normally
Compatible
▪ Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
▪ See Policy 3.3.6 for avigation easement
dedication requirements
▪ See Policy 3.7.1 for Recorded Overflight
Notification requirements
▪ See Policy 3.7.2 for Airport Proximity
Disclosure requirement
Power Plants: primary, peaker,
renewable energy, bio-energy 
4, 5: Primary plants not allowed; peaker
and renewable energy plants allowed
only if site outside zone would not serve
intended public function; ensure all
facilities and associated power lines
meet airspace protection criteria (height,
thermal plumes, glare, etc.)
4: Locate structures max. distance from
extended runway centerline
6: Primary plants allowed only if site
outside zone would not serve intended
public function
Electrical Substations  3-5: Allowed only if site outside zone would not serve intended public function
4: Locate structures max. distance from
extended runway centerline where
feasible
Wastewater Facilities: treatment,
disposal 
3, 4, 6, OAE: Allowed only if site outside
zone would not serve intended public
function; avoid new features that attract
birds or provide mitigation consistent
with FAA regulations 8
Solid Waste Disposal Facilities:
landfill, incineration 
3, 4, 6, OAE: Allowed only if site outside
zone would not serve intended public
function; avoid new features that attract
birds or provide mitigation consistent
with FAA regulations 8
Solid Waste Transfer Facilities,
Recycle Centers 
3, 4, 6: Allowed only if site outside zone
would not serve intended public function;
avoid new features that attract birds or
provide mitigation consistent with FAA
regulations 8

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CHAPTER 3 COMPATIBILITY POLICIES
Table 3A, continued
3–38 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Land Use Acceptability Interpretation/Comments
Normally
Compatible
Normal examples of the use are compatible with noise, safety, and airspace protection criteria.

Atypical examples may require review to ensure compliance with usage intensity, lot coverage, and height limit criteria.

Conditional
Use is compatible if indicated usage intensity, lot coverage, and other listed conditions are met.

For the purposes of these criteria, “avoid” is intended as cautionary guidance, not a prohibition of the use.

Generally
Incompatible Use should not be permitted under any circumstances.

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COMPATIBILITY POLICIES CHAPTER 3
Table 3A, continued
Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–39 Notes
 Indicates land use that is or may be highly noise sensitive. Exercise caution with regard to approval of outdoor uses—evaluate potential for aircraft noise to disrupt the activity. Indoor uses may require addition of sound attenuation to structure. See Section 3.3 for criteria.
 Indicates land use that may attract birds, generate dust, produce smoke or steam plumes, create electronic interference, or otherwise pose hazards to flight. See Section 3.5 for criteria.
1 Residential and nonresidential uses must comply with both the “sitewide average” and “single-acre” Density and Intensity limits indicated for the Compatibility Zone(s) in which the Project is located (see Section 3.5). Density and Intensity criteria apply to all uses including ones shown as “Normally Compatible” (green) and “Conditional” (yellow). Density is measured in terms of number of dwelling units per acre. Usage Intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time during typical busy periods, whether indoors or outdoors (see Policy 3.2.6). Exceptions can be made for Rare Special Events (e.g., an air show at the airport, street fair) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate (see Policy 3.8.1). The usage Intensities shall be calculated in accordance with the methodologies cited in Policy 3.5.3.
2 Airport Influence Area (also referred to as the Referral Area) includes the area shown in Map 3A, in which current or future airportrelated noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The Airport Influence Area includes Compatibility Zones 1 through 6 plus the Other Airport Environs areas underlying the Airspace Protection Surfaces shown in Map 3B.
3 Within Compatibility Zone 1*, sitewide average and single-acre intensities of up to 10 people per acre shall be allowed. See Policy

3.2.3(c).
4 Urban Overlay Zone covering portions of Compatibility Zones 3 and 4 provides exceptions to the indicated basic density criteria to reflect existing land use patterns and allow multifamily residential uses (see Policy 3.2.3(b)). 5 Open land requirements are intended to be applied with respect to an entire zone (see Policy 3.5.6). This is typically accomplished as part of a local general plan or specific plan but may also apply to large (10 acres or more) development Projects. Providing open land is not required in the Urban Overlay Zone.
6 Occupancy Load Factors [approximate number of square feet per person] cited for many listed land use categories are based on information from various sources and are intended to represent “typical busy-period” usage (or “peak” usage) for typical examples of the land use category. These Occupancy Load Factors differ from those provided in the California Building Code (CBC), as the CBC considers the absolute maximum number of people that can be safely accommodated in a building. See Policy 3.5.3. 7 The 35-foot height criterion is an evaluation threshold. Objects shorter than 35 feet do not pose airspace protection issues in these zones. Objects 35 feet high or taller should be evaluated to ensure compliance with airspace protection criteria. 8 No proposed Project shall be allowed that would create an increased attraction for wildlife and that is inconsistent with FAA rules and regulations including, but not limited to, FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight. See Policy

3.6.4. 9 Specific characteristics to be avoided include: sources of glare (such as from mirrored or other highly reflective structures or building features) or bright lights (including search lights and laser light displays); distracting lights that could be mistaken for airport lights; sources of dust, steam, or smoke that may impair pilots’ vision; sources of steam or other emissions that cause thermal plumes or other forms of unstable air; and sources of electrical interference with aircraft communications or navigation. See Policy 3.6.4. 10 Clustering of residential development is permitted. However, no single acre of a project site shall exceed 1.5 times the average allowed Density for the respective zone, including the Urban Overlay Zone. See Policy 3.5.1. 11 Family day care home means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day. Small family day care homes provide care for eight or fewer children and large family day care homes provide care for 7 to 14 children (Health and Safety Code Section 1596.78).

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COMPATIBILITY POLICIES CHAPTER 3
Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–41 Table 3B
Compatibility Zone Delineation
Zone Noise and Overflight Factors Safety and Airspace Protection Factors 1 and 1*
Runway
Protection
Zone
Noise Impact: Very High
▪ Mostly above CNEL 60 dB, particularly
when Cal Fire aircraft operate
Risk Level: Very High
▪ Defined by Handbook Safety Zone 1 as modified to reflect Runway Protection Zones (RPZs) from 2016 Airport Layout Plan (ALP)
▪ UKIALUCP Zone 1* encompasses RPZs for 5,000-foot runway ▪ Aircraft on very close final approach or departure; nearly 20% of near-runway general aviation accidents occur in this zone
▪ Aircraft at altitudes of less than 200 feet above runway ▪ Object heights restricted to <35 feet in some areas
2 Inner
Approach/
Departure
Zone
Noise Impact: High
▪ Typically above CNEL 60 dB, particularly when Cal Fire aircraft operate ▪ Single-event noise sufficient to disrupt a
wide range of land use activities including indoors if windows open Risk Level: High
▪ Define by Handbook Safety Zone 2 for existing runway configuration ▪ Aircraft overflying at low altitudes on final approach and straight-out departures—typically only 200 to 400 feet
above the runway elevation
▪ Some 8% to 22% of near-runway general aviation accidents occur in this zone ▪ Object heights restricted to <35 feet in some areas
3 Inner
Turning
Zone
Noise Impact: Moderate
▪ May exceed CNEL 55 dB, particularly
when Cal Fire aircraft operate
▪ Single-event noise sufficient to disrupt
noise-sensitive land uses
Risk Level: Moderate to High
▪ Defined by Handbook Safety Zone 3
▪ Aircraft—especially smaller, piston-powered aircraft—turning base to final on landing approach or initiating turn to en route direction on departure; aircraft altitude typically less than 500 feet above runway, particularly on landing
▪ About 4% to 8% of near-runway general aviation accidents occur in this zone
▪ Object heights restricted to <35 feet in some areas
4 Extended
Approach/
Departure
Zone
Noise Impact: Moderate
▪ May exceed CNEL 55 dB, particularly
when Cal Fire aircraft operate
▪ Single-event noise sufficient to disrupt
noise-sensitive land uses
Risk Level: Moderate
▪ Define by Handbook Safety Zone 4 and northerly portion of Safety Zone 2 for future runway configuration
▪ Aircraft on approach typically less than traffic pattern altitude (less than 1,000 feet above runway) ▪ About 2% to 6% of near-runway general aviation accidents occur in this zone
▪ Object heights restricted to <100 feet in some areas
5 Sideline
Zone
Noise Impact: Moderate to High
▪ Mostly above CNEL 55 dB
▪ Single-event noise sufficient to disrupt
noise-sensitive land uses
Risk Level: Low to Moderate
▪ Defined by Handbook Safety Zone 5
▪ Area not normally overflown; primary risk is with aircraft (especially twins) losing directional control on takeoff, excessive crossing gusts or engine torque ▪ About 3% to 5% of near-runway general aviation accidents occur in this zone
▪ Object heights restricted to <35 feet in some areas
6 Traffic Pattern
Zone
Noise Impact: Low
▪ Typically below CNEL 55 dB
▪ Aircraft typically at or below 1,000-foot
traffic pattern altitude
▪ Noise more of a concern with respect to
individual loud events than with cumulative noise contours; frequent individual noise events sufficient to intrude upon
indoor activities
Risk Level: Low
▪ Defined by Handbook Safety Zone 6
▪ Includes areas within the standard traffic pattern and pattern entry routes; aircraft altitude typically 1,000 to 1,500 feet above runway
▪ Risk is a factor for highly risk-sensitive uses (e.g., very high-intensity uses, children’s schools, hospitals, bulk storage of highly hazardous materials) ▪ Some 18% to 29% of near-runway general aviation accidents occur here; but the large area encompassed means a low likelihood of accident occurrence in any given location ▪ Airspace concern is generally with object heights >100 feet above runway elevation

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CHAPTER 3 COMPATIBILITY POLICIES
3–42 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Table 3B (Continued)
Compatibility Zone Factors
Zone Noise and Overflight Factors Safety and Airspace Protection Factors OAE
Other Airport
Environs
Zone
Noise Impact: Low
▪ Beyond the 55-CNEL contour
▪ Occasional overflights intrusive to some
outdoor activities
Risk Level: Low
▪ Includes remainder of area within the CFR Part 77 conical surface which defines the Airport Influence Area ▪ Airspace concern is generally with object heights >100 feet above runway elevation
UO
Urban
Overlay
Zone
Noise Impact: Low
▪ Beyond the 55-CNEL contour
▪ Reflects relatively high ambient noise
level of urbanized area
Risk Level: Moderate
▪ Includes Zones 3 and 4 to north (within City of Ukiah) and Zone 3 to southwest (within unincorporated Mendocino
County)
▪ Risk concern is primarily with uses for which potential consequences are severe (e.g. very-high-intensity activities in a confined area) ▪ Object heights restricted to <35 feet in some areas
ACP
Airspace
Critical
Protection
Zone
Noise Impact: Low
▪ Individual noise events slightly louder because high terrain reduces altitude of overflights
Risk Level: Moderate to High
▪ Modest risk because high terrain constitutes airspace obstruction ▪ Key concern is tall single objects (e.g., antennas)
AHT
Airspace
High Terrain
Zone
Noise Impact: Low
▪ Individual noise events slightly louder because high terrain reduces altitude of overflights
Risk Level: Moderate
▪ Modest risk because high terrain constitutes airspace obstruction ▪ Key concern is tall single objects (e.g., antennas)
Notes:

1. Handbook Safety Zone Source: California Airport Land Use Planning Handbook (2011).

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Maps of UKIALUCP Zones and Project Location
Figure 1- Compatibility Zones of Ukiah Municipal Airport Land Use Compatibility Plan ATTACHMENT 5

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Figure 2: Project location in relation to Zones 1 (green), 1* (brown), and 2 (blue).

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EMERGENCY

EXIT ONLY

GARBAGE TRUCK ONLY
ATTACHMENT 6

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804 Fourth Street, Santa Rosa, CA 95404 Office: (707) 318-2990 October 12, 2023
Attn: Craig Schlatter, Director`
Department of Community Development
300 Seminary Ave. Ukiah, CA 95482
RE: Request for Site Development Permit Amendment
Permit #22-7956
Splash Car Wash #5
162 Talmage Road
Ukiah, California
RA Job #10053
Dear Craig,
This letter is to formally ask for an amendment to the approved major site development permit #22-7956. We have redesigned the site plan to locate the car wash building completely in zone #2 of the airport expansion zone. We feel this new layout should alleviate any issues with the Air Land Use Committee findings and the filed appeal by Eric Crane. You have a copy of the new site plan which you can include in the package to the city council. Should you need any additional information, please feel free to contact me.

Respectfully,
Jonathan Ramos
President
ATTACHMENT 7

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October 13, 2023
Eric D. Crane
4 Banker Blvd
Ukiah, Ca 95482
Ukiah City Council
300 Seminary Ave.

Ukiah, CA 95482
Re: LUV/Splash Car Wash Planning Commission Appeal
162 Talmage Rd.

Ukiah, Ca 95482
Ukiah City Council,
Based on the Preliminary Architectural Site Plan (Sheet SP-1 dated 10/8/23), Ramos & Associates leƩer dated 10/12/23 and discussions with City of Ukiah Staff on their post appeal review of the project and the process for project review; I support the Staff Recommended AcƟon to refer this updated and improved project back to Planning Commission for review.

While I remain disappointed that this project went so far off course and ulƟmately required this appeal to compel a thorough and diligent review of the current Comprehensive Land Use Plan (CLUP) as well as the City of Ukiah’s Community Development Departments (CDD) project review processes; I am relieved there appears to be a path forward for the project in a way that seems to conform to the intent of the CLUP. I wish to express my appreciaƟon to the Applicant and City Staff for brokering this soluƟon to this unfortunate situaƟon. A soluƟon that promises to clean up a blighted parcel and support our local economy while protecƟng and, if done judiciously, improving the safety of the Ukiah Municipal Airport.

RelocaƟng the proposed carwash tunnel enƟrely outside of Zone 1 into Zone 2 addresses the most obvious concern with this project as Zone 1* Table 3-A clearly classifies such use as “Use should not be permiƩed under any circumstances”.

It appears that the signage has been reduced from the original 30’ called out in the applicaƟon to be a monument sign; but I do not see a height called out. Given that the sign remains in Zone 2 I would hope that it’s height would be kept to a minimum.

The original tunnel height was called out as 30’ which was reduced to 25’ at the Planning Commission meeƟng. I do not see the building height called out in the new Site Plan. Given that the building is on the extended centerline of the runway on the primary instrument approach at a distance of ~1,800’ and a glideslope lower threshold leaves a pilot eyeline height over the ground at the building of 116’. If the North Runway threshold is to be returned to the North end of the exisƟng pavement the distance drops to only ~1,200’ so a glideslope lower threshold leaves a pilot eyeline height over the ground at the building of only 86’. Hopefully the applicant and Planning Commission take this reality into consideraƟon and minimize the tunnel height out of an abundance of cauƟon. A 30’ tall building with an aircraŌ on final and on glideslope would have precious liƩle margin for error.

ATTACHMENT 8

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It is my ardent wish that in the future procedural issues like this are avoided and I urge the Ukiah City Council to set policies to prevent these sorts of missteps from conƟnuing to occur. The long-accepted paƩern of permiƩed encroachment must be stopped if the Ukiah Municipal Airport is to conƟnue to remain sustainable while giving correct review to project applicants in a Ɵmely manner.

Airports rarely die because of single mistakes; they are killed by a series of acƟons and inacƟons that compound unƟl the facility is no longer viable. Once an airport is gone it usually gone forever. This enƟre region needs the Ukiah Municipal Airport to remain healthy to be able to conƟnue to efficiently fight fires, move the sick and injured, build and maintain criƟcal infrastructure, support industry and a host of more mundane maƩers that make all our lives beƩer. The price of protecƟng that resource is vigilance and commitment.

Thank you,
Eric D. Crane

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Agenda Item No: 13.a.

MEETING DATE/TIME: 10/18/2023

ITEM NO: 2023-3085

AGENDA SUMMARY REPORT
SUBJECT: Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

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

ATTACHMENTS:

1. West Coast Fire Water - Hastings Fire Remediation Work - 2223-177 Summary: The Council will receive a status report of the emergency contract with West Coast Fire & Water for fire remediation work at the Electric Utility Service Center at Hastings, and will consider approving the work to continue under the emergency contract.

Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq. ft. building located at 1350 Hastings Rd (The Electric Service Center) to house the Electric Utility Department’s operations. The Electric Service Center will centralize electric operations for Engineering, Construction and Technical Services. In addition, the Department intends to use the Electric Service Center for training, material warehousing and construction preparation.

On August 5, 2020, the City Council adopted the plans and specifications for the grading, fencing, roofing and electric equipment relocation. This work was completed on March 2, 2023.

On the morning of March 8, 2023, a fire broke out at the Electric Utility Department's Service Center located at 1350 Hastings Road. The source of the fire was the electrical failure of a bathroom ceiling fan. The Ukiah Valley Fire Authority responded to the incident, and was successful in putting the fire out. However, significant smoke and water damage occurred, as well as structural damage to the building.

West Coast Fire and Water was contacted and was able to respond in a timely manner to assess the fire, smoke and water damage. They were able to secure the building and cover exposed areas to prevent additional water intrusion from the impending precipitation. The City Purchasing, Risk Management, and Electric Departments worked with McLarens, the Claims Adjuster for the City's self-insured liability Program through its membership in the California Intergovernmental Risk Authority (CIRA), and West Coast Water and Fire to develop a Scope of Work and Contract for the remediation of the fire, water, and smoke damage. Please see Attachment 1 for a copy of the agreement.

There are no expected costs to the City at the time, as the City opted to review all invoices and provide authority to McLarens to pay West Coast directly. The City, however, executed a contract with West Coast Fire and Water to complete the Scope of Work.

The initial cost estimate for this remediation was over $200,000. The scope of work that is being performed under this contract falls under the definition of "public project", as it involves demolition and repair work involving a publicly owned facility. The City Manager, under his authority, authorized proceeding with the work as an emergency, since the event was sudden and unexpected, and required immediate action for the protection of City (public) property. Due to structural issues, and immediate mold growth, time was of the

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essence, and bidding for this work as per the normal requirements of the California Uniform Cost Accounting Act, was not an option. Under these circumstances, public bidding is excused. At their Council meeting on April 5, 2023, the Council initially received the report regarding this contract, and approved by a four-fifths vote for the work to continue under these emergency circumstances.

Discussion: As of Friday, April 7, 2023, the remediation work on the structure was completed. After two rounds of cleaning the electronics, all items have been returned and appear to be in working order. The City has a two-year warranty period should there be additional issues with the equipment. As part of the assessment of damages, McLarens required an independent estimate of damage to restore the building to pre-fire condition. This was required to evaluate the estimate provided by the City's structural engineering consultant and architect. On September 5, 2023, the City received an estimate of $471,488.51 for the building repairs. This estimate does not include the cost of the remediation performed by West Coast Fire and Water, electronics cleaning, or reimbursement for the contents of the building. Staff will continue to work with West Coast Fire and Water and the insurance provider to wrap up these items.

Staff is requesting the Council's approval to continue using the emergency contract.

Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Insurance Proceeds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-177
COORDINATED WITH: Cindy Sauers, Electric Utility Director, Sheri Mannion, HR & Risk Management Director and Dave Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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COU 2223 177
1 SHORT FORM CONSTRUCTION CONTRACT
ThisAgreement ismadeandenteredon March 13, 2023, in Ukiah, California, by and between Bridges Restoration LLC, dba West Coast Fire Water, a limited liability company Contractor") and the City of Ukiah City"), a general law municipal corporation.

RECITALS:

1.Theplans andspecifications forthisworktheWork") arecontained in Exhibit A, which is attached hereto and incorporated herein by this reference.

2.Contractor isproperly licensed andqualified toperformthework.

3.Whenever thisAgreement callsforCityapproval ornotification,the approval or notification must be signed by the City Manager or his or her designee.

AGREEMENT:

Wherefore, inconsideration ofthe foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows.

1. PERFORMANCE OF THE WORK
Contractor will performtheWorkas further provided herein.

1.1TimeofPerformance. Time is of the essence, and the Contractor shall commence the work as soon as possible following the issuance of a Notice to Proceed”.

1.1.1.N/Acheck if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1.1.2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1.13 1.14, below, the Contractor will pay to the City the sum of five hundred dollars 500.00) per day for each and every calendar day's delay beyond the time prescribed.

1.1.2N/Acheck if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the ATTACHMENT 1

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COU 2223 177
2 period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.

1.2Construction ofContract Documents. Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail. If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification.

1.3Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work.

1.4 SB 854 requirements

1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

1.4.2 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

1.4.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

1.4.4 The Labor Commissioner through the Division of Labor Standards Enforcement DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. All contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

1.4.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations currently, 8 CCR 16451(d).)

1.5 Use of Employees.

1.5.1.Contractor andanysubcontractors shall payall mechanicsand laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

1.5.2.Contractor shall comply withteCalifornia Labor CodeSection 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, 50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing

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COU 2223 177
3 rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

1.5.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it.

1.5.4.Citywill not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer.

The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

1.5.5.Travel andSubsistence Payments.

Contractor shall maketravel andsubsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code Chapter 880, Statutes of 1968).

1.5.6.Apprentices.

Attentionsdirectedotheprovisions in Sections 1777.5 Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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COU 2223 177
4 Copies of Labor Code Sections 1771 requiring prevailing wages), 1775 imposing penalties, including a 50 per day, per worker forfeiture, forfailure to pay prevailing wages), 1776 requiring contractor to maintain available for inspection certified payroll records), 1777.5 requiring certain apprenticeship programs), 1813 imposing penalties for failure to make records available for inspection) and 1815 requiring time and for overtime) are available at the Department of Industrial Relations website at http:// www.dir.ca.gov/

1.6CITYInspector. CITY may designate an architect, engineer, other design professional or other inspector Inspector") to supervise and/or inspect Contractor's performance of the Work.

The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City's prior written approval. City shall notify the Contractor in writing, if it designates an Inspector.

1.7SiteConditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement.

1.8NewProducts Required. All equipment, materials or fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided.

1.9Compliance withLaws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work.

1.10Protection ofSiteandImprovements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws.

1.11Inspection ofWork. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A.

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5 1.12Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty.

1.13Warranties. N/A] In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor' s expense, any failure to conform, or any defect. Initial if following sentence applies CITY shall retain N/A% of the Contract Amount to secure the Contractor' s warranty and shall remit the unused portion of that amount at the end of the warranty period. The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor.

1.14. Extension ofTime.

Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim.

Failure to file said written notice within the time specified shall constitute a waiver of said claim.

Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order.

1.15. Unfavorable Wather and Other Conditions.

During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them.

The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt

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COU 2223 177
6 concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four 4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four 4) continuous work hours of the authorized work period.

1.16. Saturday, Sunday, Holiday and Night Work.

No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.

1.17. HoursofLabor.

Eight 8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight 8) hours per day at not less than 1 times the basic rate of pay.

The Contractor shall forfeit to the City, as a penalty, the sum of twenty five dollars 25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

2. CONTRACT PRICE
The Contractor will be paid for performance of this Agreement time and materials plus subcontractors will be added as invoice plus 20%per rate sheet provided as Exhibit B.

3. PAYMENT OF CONTRACT PRICE

3.1 City authorizes McLarens to pay Contractor solely and directly for the completed work performed pursuant to this contract. All payments under this contract shall be made upon the presentation of certificates in writing to the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. Within fifteen days of the City’s receipt of the certificate of payment, City shall review and forward

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7 authorization for payment to McLarens for its review, approval, and payment to the Contractor.

If, for any reason, Customer receives a check from Insurance Company made payable to Customer, Customer agrees to pay West Coast Fire and Water immediately upon receipt of the check. In order to expedite payment to Contractor, Customer hereby appoints Contractor as attorney in fact, authorizing Contractor to endorse Customer’s name on Insurance Company checks or drafts, and to deposit insurance checks for the services provided in the amount invoiced.

4. INDEMNIFICATION AND INSURANCE.

4.1Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor' s execution of the work, shall not be lessened because of such general supervision.

Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor' s responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense 1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and 2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.

In any and all claims against the City or any of its agents or employees by any employee of the

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8 Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City.

4.2Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

4.2.1.MinimumScopeof Insurance
Coverage shall beatleast asbroads:

A. Insurance Services Office Commercial General Liability coverage Form No. CG 20 10 10 01 and Commercial General Liability Completed Operations Form No. CG 20 37 10 01).

B. Insurance Services Office form number CA 0001 Ed. 1/87) covering Automobile Liability, code 1 any auto).

C. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4.2.2.MinimumLimitsofInsurance
Contractor shall maintain limits no less than:

A. General Liability: 1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence

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9 basis.

B. Automobile Liability: 1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis.

C. Worker’s Compensation Employer’s Liability: 1,000,000 per accident for bodily injury or disease.

4.2.3.Deductibles andSelf insured Retentions
Any deductibles or self insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee.

4.2.4. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

B. The workers’ compensation policy is to be endorsed with a waiver of subrogation.

The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers’ compensation policy.

C. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

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10 D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty 30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

E. Note: This protects the Contractor) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision b) of Section 2782 of Civil Code.

5. TERMINATION.

ThisAgreement mayonlybeterminated byCity: 1)forbreach ofthe agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained.

City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to satisfactorily cure a breach after notice in which event City shall:
a.retainayamounts earned under theContract but not yet paid by City; b.takepossession ofall material and fixtures on the job site; c.havetheright tocomplete theWorkandrecover fromContractorany increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach.

6. MODIFICATION OF AGREEMENT.

Citymay, fromtimetotime, request changes intheWork, thetime to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement.

7. ASSIGNMENT.

TheContractor shall not assign ayinterest inthisAgreement, and shall not transfer any

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11 interest in the same whether by assignment or novation), without the prior written consent of City.

8. APPLICATION OF LAWS.

Theparties hereby agree that all applicable Federal, Stateandlocal rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement.

9. INDEPENDENT CONTRACTOR.

Itisheexpress intention oftheparties hereto that Contractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.

ThoseprovisionsfthisAgreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and in terpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City.

Contractor shall payll estimatedand actual federal and state income and self employment taxes that are due the state and federal government and shall furnish and pay worker' s compensa tion insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit.

Contractor warrants andrepresents that iisaproperly licensedfor the work performed under this Agreement with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.

10. GOVERNING LAW.

ThisAgreement shall begoverned byandconstrued inaccordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County.

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12 11. SEVERABILITY.

Ifanyprovision oftheAgreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

12. INTEGRATION.

ThisAgreement, including theexhibits attached hereto, contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties.

13. WAIVER.

Nowaiver ofanyoftheprovisionsfthisAgreement shall bedeemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

14. NOTICES.

Whenever notice, payment orother communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, emailed, or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows:

CONTRACTOR CITY
Bridges Restoration, LLC City of Ukiah
dba West Coast Fire Water
5846 Live Oak Drive 300 Seminary Ave.

Kelseyville, CA 95451 Ukiah, CA. 95482
Email: lmartinez@westcoastfireandwater. com Email: [email protected] Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph.

15. PARAGRAPH HEADINGS.

Theparagraph headings contained herein areforconvenience andreference only and are not intended to define or limit the scope of this agreement.

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13 16. EXECUTION OF AGREEMENT.

ThisAgreement maybeexecuted inuplicate originals, eachbearingthe original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement.

WHEREFORE, theparties haveenteredthis Agreement on the date first written above.

CONTRACTOR CITYOFUKIAH
By: By:

Leonardo Martinez SageSangiacomo
Director ofLarge Loss CityManager
California Contractor' s License Number: 1036250
Department of Industrial Relations Registration Number: 1000040614 German

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14 EXHIBIT A SCOPE
The work is for any and all necessary cleaning and/or restoration services at 1350 Hastings Road, Ukiah, California, that are eligible expenses covered under Claim Number 002 059250 00.Q as approved by McLarens Insurance and the City of Ukiah. Any expenses not pre approved by McLarens Insurance and the City of Ukiah will be the sole responsibility of West Coast Fire and Water.

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1 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
Insured: City of Ukiah Home: ( 707) 463-6233
Property: 1350 Hastings Rd
Ukiah, CA 95482
Estimator: Leo Martinez Business: ( 707) 245- 7017
E- mail: lmartinez@westcoastfireandw
ater.com
Position: Director Of Large Loss
Company: West Coast Fire and Water
Business: 3001 South State St #5
Ukiah, CA 95482
Claim Number: Policy Number: Type of Loss:< NONE>
Date of Loss: Date Received:

Date Inspected: Date Entered: 5/14/ 2020 9:00 AM
Price List: CAUK8X_ SEP22
Restoration/ Service/ Remodel
Estimate: T&MPRICING

EXHIBIT B

Page 525 of 581 ends

2 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T& MPRICING 3/24/2023 Page: 2
CODES
Main Level

REGULAR WAGE ( NON PREVAILING)

REGULAR WAGE

DESCRIPTION QTY UNIT PRICE TOTAL
NON PREVAILING WAGE RATE***

1. Skilled Labor 1.00 HR @ 75. 00 = 75. 00

2. Supervisor 1.00 HR @ 85.00 = 85.00

3. Project Manager 1.00 HR @ 100. 00 = 100. 00

4. Project Manager- large loss 1.00 HR @ 125. 00 = 125. 00

5. Project Estimator 1.00 HR @ 120.00 = 120.00

6. Skilled Biohazard Technician 1.00 HR @ 120. 00 = 120. 00

7. Biohazard Supervisor 1.00 HR @ 125.00 = 125.00

8. Health and Safety Officer 1.00 HR @ 75.00 = 75.00

9. Admin 1.00 HR @ 40. 00 = 40. 00
Overtime rates will be calculated as rates above x1.5

PREVAILING WAGE

DESCRIPTION QTY UNIT PRICE TOTAL
PREVAILING WAGE RATES***

10. Skilled Labor 1.00 HR @ 123. 00 = 123. 00

11. Supervisor 1.00 HR @ 135.00 = 135.00

12. Project Manager 1.00 HR @ 130.00 = 130.00

13. Project Manager- large loss 1.00 HR @ 140. 00 = 140. 00

14. Skilled Microbial Remediaton Technician 1.00 HR @ 133.00 = 133.00

15. Microbial Remediation Supervisor 1.00 HR @ 145. 00 = 145. 00

16. Skilled Biohazard Bloodborne Pathogen Technician 1.00 HR @ 143. 00 = 143. 00

17. Biohazard Bloodborne Pathogen Supervisor 1.00 HR @ 155.00 = 155.00

18. Health and Safety Officer 1.00 HR @ 140. 00 = 140. 00

19. Admin 1.00 HR @ 70. 00 = 70. 00

20. Resources Coordinator 1.00 HR @ 100.00 = 100.00
Overtime rates will be calculated as rates above x1. 5
MATERIALS Height: 8'

Page 526 of 581 ends

3 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 3

DESCRIPTION QTY UNIT PRICE TOTAL

21. 4 mil 10X100 1.00 RL @ 140. 00 = 140. 00

22. 4 mil 10X100 (fire resistant) 1.00 RL @ 160.00 = 160.00

23. 6 mil 10X100 1.00 RL @ 184.00 = 184.00

24. 6 mil 10X100 ( fire resistant) 1.00 RL @ 315. 00 = 315. 00

25. Absorbent 1.00 BG @ 20.00 = 20.00

26. Adhesive spray 1.00 EA @ 15. 00 = 15. 00

27. Air Neutralizer 1.00 EA @ 41. 00 = 41. 00

28. Bags clear bags ( pack of 50) 1.00 BX @ 43.00 = 43.00

29. Bags garbage ( pack of 32) 1.00 BX @ 51. 00 = 51. 00

30. HEPA vac debris bag 1.00 EA @ 30. 00 = 30. 00

31. Bio hazard bags (pack of 50) 1.00 BX @ 75.00 = 75.00

32. Booties ( pair) 1.00 EA @ 1.00 = 1.00

33. Botanical disinfectant 1.00 GL @ 95.00 = 95.00

34. Box Large 4.5 cubic feet 1.00 EA @ 8.00 = 8.00

35. Box Medium 3 cubic feet 1.00 EA @ 6.00 = 6.00

36. Box Small 1.5 cubic feet 1.00 EA @ 4.00 = 4.00

37. Box waredrobe 24X24X34 1.00 EA @ 23. 00 = 23. 00

38. Bubble wrap roll 1.00 RL @ 115. 00 = 115. 00

39. Carpet shield protector 200' 1.00 EA @ 114.00 = 114.00

40. Chemical sponges 1.00 EA @ 5.00 = 5.00

41. Cleaner glass 1.00 EA @ 15. 00 = 15. 00

42. Cleaner heavy duty degreaser 1.00 EA @ 65.00 = 65.00

43. Deoderizer for ducting 1.00 GL @ 47. 00 = 47. 00

44. Deoderizer smoke/ odor 1.00 GL @ 126. 00 = 126. 00

45. Deoderizer thermal fog 1.00 GL @ 168.00 = 168.00

46. Dry Ice 1.00 LB @ 10. 00 = 10. 00

47. Duct sealant 1.00 GL @ 70.00 = 70.00

48. Encapsulant smoke/odor 1.00 5G @ 450.00 = 450.00

49. Filter carbon 1000/ 1200 1.00 EA @ 100. 00 = 100. 00

50. Filter carbon 2000 1.00 EA @ 170.00 = 170.00

51. Filter carbon 500 1.00 EA @ 70. 00 = 70. 00

52. Filter HEPA 1000/ 1200 1.00 EA @ 254. 00 = 254. 00

53. Filter HEPA 2000 1.00 EA @ 294.00 = 294.00

54. Filter HEPA 500 1.00 EA @ 194. 00 = 194. 00

55. FIlter pad 1000/ 1200 1.00 EA @ 3.00 = 3.00

56. FIlter pad 2000 1.00 EA @ 3.00 = 3.00

57. Filter pad 500 1.00 EA @ 3.00 = 3.00

58. Filter pleated 2000 1.00 EA @ 20.00 = 20.00

59. Filter pleated 500 1.00 EA @ 16.00 = 16.00

60. Filter pleated 1000/ 1200 1.00 EA @ 18. 00 = 18. 00

Page 527 of 581 ends

4 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 4

CONTINUED - MATERIALS

DESCRIPTION QTY UNIT PRICE TOTAL

61. Filter respirator (pair) 1.00 EA @ 24.00 = 24.00

62. Filter respirator odor ( pair) 1.00 EA @ 66. 00 = 66. 00

63. Floor scraper blades 1.00 EA @ 2.00 = 2.00

64. Furniture blanket 1.00 DA @ 2.00 = 2.00

65. Furniture blocks 1.00 BX @ 81. 00 = 81. 00

66. Gloves disposable 1.00 BX @ 18.00 = 18.00

67. Lay flat 12" x500' 1.00 LF @ 1.00 = 1.00

68. Lay flat 18" x500' 1.00 LF @ 1.25 = 1.25

69. Lay flat 22"x500' 1.00 LF @ 1.50 = 1.50

70. Lay flat 24" x500' 1.00 LF @ 1.75 = 1.75

71. Lay flat 30"x500' 1.00 LF @ 2.00 = 2.00

72. Mop/mop head/bucket combo 1.00 EA @ 25.00 = 25.00

73. N-95 1.00 EA @ 5.00 = 5.00

74. Paint remover 1.00 GL @ 78.00 = 78.00

75. Paint plastic 10x100 2 mil 1.00 RL @ 48. 00 = 48. 00

76. Furniture polish 1.00 EA @ 23. 00 = 23. 00

77. Stainless steel polish 1.00 EA @ 14.00 = 14.00

78. Poly hanger T clips 1.00 EA @ 8.00 = 8.00

79. Rags white ( 60 pack) 1.00 BX @ 100. 00 = 100. 00

80. Ramboard 38" wide 100' 1.00 RL @ 205.00 = 205.00

81. Sand bag ( filled) 1.00 EA @ 40. 00 = 40. 00

82. Saw zawzall blades (metal) 1.00 EA @ 4.00 = 4.00

83. Saw zawzall blade (wood) 1.00 EA @ 5.00 = 5.00

84. Scouring sponges ( yellow or green) 1.00 EA @ 3.00 = 3.00

85. Shrink wrap 1.00 RL @ 66.00 = 66.00

86. Tacky mat ( set of 25) 1.00 EA @ 120. 00 = 120. 00

87. Caution tape 1.00 RL @ 34. 00 = 34. 00

88. Duct tape 1.00 RL @ 17.00 = 17.00

89. Packaging tape 1.00 RL @ 12. 00 = 12. 00

90. Painters tape 2" 1.00 RL @ 20. 00 = 20. 00

91. Painters tape 3" 1.00 RL @ 28.00 = 28.00

92. Tyvek suits ( blue) 1.00 EA @ 22. 00 = 22. 00

93. Tyvek suits ( white) 1.00 EA @ 20. 00 = 20. 00

94. Tyvek suits (yellow) 1.00 EA @ 24.00 = 24.00

Page 528 of 581 ends

5 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T& MPRICING 3/24/2023 Page: 5

CONTINUED - MATERIALS

DESCRIPTION QTY UNIT PRICE TOTAL

95. Water case ( 24 pack) 1.00 EA @ 24. 00 = 24. 00

96. Zipper ( 2 pack) 1.00 EA @ 30. 00 = 30. 00

97. Cleaner simple green 1.00 EA @ 43.00 = 43.00
SMALL TOOLS FEE OF 3% WILL BE APPLIED TO INVOICE ON LABOR ONLY**

EQUIPMENT

DESCRIPTION QTY UNIT PRICE TOTAL

98. Air compressor 1.00 DA @ 100. 00 = 100. 00

99. Air mover 1.00 DA @ 30.00 = 30.00
100. Air scrubber 1000/ 1200 CFM 1.00 DA @ 125. 00 = 125. 00 101. Air scrubber 2000 CFM 1.00 DA @ 150. 00 = 150. 00
102. Air scrubber 500 CFM 1.00 DA @ 80.00 = 80.00
103. Airless spray 1.00 DA @ 165. 00 = 165. 00
104. Dehumidifer large 110- 159 PPD 1.00 DA @ 175. 00 = 175. 00 105. Dehumidifer medium 70-109 PPD 1.00 DA @ 150.00 = 150.00 106. Dehumidifer small 69 PPD 1.00 DA @ 120. 00 = 120. 00 107. Desiccant dehumidifer 1,000-2,500 CFM 1.00 DA @ 710.00 = 710.00 108. Desiccant dehumidifer 10,000 CFM 1.00 DA @ 2,400.00 = 2,400.00 109. Desiccant dehumidifer 15, 000 CFM 1.00 DA @ 3,350. 00 = 3,350. 00 110. Desiccant dehumidifer 3,000-4,000 CFM 1.00 DA @ 1,200.00 = 1,200.00 111. Desiccant dehumidifer 5000 CFM 1.00 DA @ 1,500. 00 = 1,500. 00 112. Desiccant dehumidifer 7,500 CFM 1.00 DA @ 2,000. 00 = 2,000. 00 113. Dolly 1.00 DA @ 22.00 = 22.00
114. Dry ice blasting machine 1.00 DA @ 650. 00 = 650. 00 115. Extractor- portable 1.00 DA @ 140. 00 = 140. 00
116. Extractor- truck mount 1.00 DA @ 525.00 = 525.00
117. Generator 10 KW 1.00 DA @ 125. 00 = 125. 00
118. Generator 100 KW 1.00 DA @ 950. 00 = 950. 00
119. Generator 150 KW 1.00 DA @ 1,100.00 = 1,100.00
120. Generator 175 KW 1.00 DA @ 1,250. 00 = 1,250. 00
121. Generator 200 KW 1.00 DA @ 1,300.00 = 1,300.00

Page 529 of 581 ends

6 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 6

CONTINUED - EQUIPMENT

DESCRIPTION QTY UNIT PRICE TOTAL
122. Generator 250 KW 1.00 DA @ 1,450. 00 = 1,450. 00
123. Generator 30 KW 1.00 DA @ 370. 00 = 370. 00
124. Generator 300 KW 1.00 DA @ 1,650.00 = 1,650.00
125. Generator 400 KW 1.00 DA @ 2,450. 00 = 2,450. 00
126. Generator 5 KW 1.00 DA @ 95. 00 = 95. 00
127. Generator 50 KW 1.00 DA @ 600.00 = 600.00
128. Generator 75 KW 1.00 DA @ 750. 00 = 750. 00
129. Hydroxyl generator 1.00 DA @ 300. 00 = 300. 00
130. Moisture meter 1.00 DA @ 75.00 = 75.00
131. Ozone generator 1.00 DA @ 300. 00 = 300. 00
132. Passenger van 1.00 DA @ 195.00 = 195.00
133. Pick up tuck 1.00 DA @ 205.00 = 205.00
134. PPE harness and lanyard 1.00 DA @ 30. 00 = 30. 00
135. Pressure washer 1.00 DA @ 150.00 = 150.00
136. Respirator full face 1.00 DA @ 12. 00 = 12. 00
137. Respirator half face 1.00 DA @ 42. 00 = 42. 00
138. Scaffolding 1.00 EA @ 45.00 = 45.00
139. Spider box 1.00 DA @ 72. 00 = 72. 00
140. Spider box cables 100' 1.00 DA @ 62. 00 = 62. 00
141. Thermal camera 1.00 DA @ 175.00 = 175.00
142. Thermohygrometer 1.00 DA @ 70. 00 = 70. 00
143. Vaccum back pack 1.00 DA @ 95.00 = 95.00
144. Vaccum HEPA turtle 1.00 DA @ 95.00 = 95.00
145. Work light temporary lighting 1.00 DA @ 20. 00 = 20. 00 146. Workstation ( table, chair) 1.00 DA @ 50.00 = 50.00

VEHICLES

DESCRIPTION QTY UNIT PRICE TOTAL
147. Box truck small 1.00 DA @ 340.00 = 340.00
148. Box truck medium 1.00 DA @ 415. 00 = 415. 00
149. Box truck large 1.00 DA @ 510.00 = 510.00

Page 530 of 581 ends

7 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 7

CONTINUED - VEHICLES

DESCRIPTION QTY UNIT PRICE TOTAL
150. Cargo van 1.00 DA @ 250.00 = 250.00
151. Dump truck ( does not include dump fees) 1.00 DA @ 600. 00 = 600. 00 152. Dump trailer (does not include dump fees) 1.00 DA @ 120.00 = 120.00 153. Catastrophe trailer 1.00 DA @ 600. 00 = 600. 00
Grand Total Areas:
384. 00 SF Walls 144. 00 SF Ceiling Ceiling528. 00 SF Walls and 144. 00 SF Floor 16. 00 SY Flooring 48. 00 LF Floor Perimeter

0.00 SF Long Wall 0.00 SF Short Wall 48.00 LF Ceil. Perimeter 144. 00 Floor Area 160. 44 Total Area 384. 00 Interior Wall Area 456.00 Exterior Wall Area 50.67 Exterior Perimeter of
Walls

0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length

0.00 Total Ridge Length 0.00 Total Hip Length
Coverage Item Total % ACV Total %
Dwelling 29, 954. 00 79. 77% 29, 954. 00 79. 77%
Other Structures 0.00 0.00% 0.00 0.00%
Contents 7,594. 50 20. 23% 7,594. 50 20. 23%
Total 37,548.50 100.00% 37,548.50 100.00%

Page 531 of 581 ends

8 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 8
Summary for Dwelling
Line Item Total 29,954.00
Replacement Cost Value $ 29, 954. 00
Net Claim $ 29, 954. 00
Leo Martinez
Director Of Large Loss

Page 532 of 581 ends

9 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 9
Summary for Contents
Line Item Total 7,594.50
Replacement Cost Value $ 7,594. 50
Net Claim $ 7,594. 50
Leo Martinez
Director Of Large Loss

Page 533 of 581 ends

10 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 10
Recap by Room
Estimate: CODES
Area: Main Level
Area: REGULAR WAGE ( NON PREVAILING)
REGULAR WAGE 865. 00 2.30%
Coverage: Dwelling 100. 00% = 865. 00
Area Subtotal: REGULAR WAGE ( NON PREVAILING) 865. 00 2.30% Coverage: Dwelling 100. 00% = 865. 00
PREVAILING WAGE 1,414. 00 3.77%
Coverage: Dwelling 100.00% = 1,414.00
MATERIALS 4,759. 50 12. 68%
Coverage: Contents 100. 00% = 4,759. 50
EQUIPMENT 27, 675. 00 73. 70%
Coverage: Dwelling 100. 00% = 27, 675. 00
VEHICLES 2,835. 00 7.55%
Coverage: Contents 100.00% = 2,835.00
Area Subtotal: Main Level 37, 548. 50 100. 00%
Coverage: Dwelling 79. 77% = 29, 954. 00
Coverage: Contents 20. 23% = 7,594. 50
Subtotal of Areas 37, 548. 50 100. 00%
Coverage: Dwelling 79.77% = 29,954.00
Coverage: Contents 20. 23% = 7,594. 50
Total 37, 548. 50 100. 00%

Page 534 of 581 ends

11 West Coast Fire and Water
5846 Live Oak Dr. # 1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater. com
T&MPRICING 3/24/2023 Page: 11
Recap by Category
Items Total %
CONT: PACKING, HANDLNG, STORAGE 2,835. 00 7.55%
Coverage: Contents @ 100. 00% = 2,835. 00
LABOR ONLY 2,279.00 6.07%
Coverage: Dwelling @ 100.00% = 2,279.00
USER DEFINED ITEMS 4,759. 50 12. 68%
Coverage: Contents @ 100. 00% = 4,759. 50
WATER EXTRACTION & REMEDIATION 27,675.00 73.70%
Coverage: Dwelling @ 100.00% = 27,675.00
Subtotal 37, 548. 50 100. 00%

Page 535 of 581 ends

12 T&MPRICING 3/24/2023 Page: 12
Main Level

MATERIALSMATERIALS
Main Level
12'
12' 8"
12 12
8

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Page 1 of 1 ends

Agenda Item No: 13.b.

MEETING DATE/TIME: 10/18/2023

ITEM NO: 2023-3104

AGENDA SUMMARY REPORT
SUBJECT: Update Regarding the Condition of the Palace Hotel (272 North State Street) and Provide Direction and/or Take Any Action Deemed Necessary.

DEPARTMENT: City Manager /
Admin PREPARED BY: Shannon Riley, Deputy City Manager
PRESENTER: Shannon Riley, Deputy City Manager and Matt
Keizer, Chief Building Official
ATTACHMENTS:

None
Summary: City of Ukiah Building and Fire officials recently conducted an inspection of the Palace Hotel (272 North State Street). The Council will receive a presentation regarding the findings from this inspection and provide direction to Staff and/or consider any action deemed necessary.

Background: City of Ukiah Building and Fire officials recently conducted an inspection of the Palace Hotel (272 North State Street).

Discussion: Staff will provide a presentation at the meeting. Council may consider direction to Staff and/or take any action deemed necessary.

Recommended Action: Receive report on current condition of the Palace Hotel and provide direction to Staff and/or take any action deemed 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: Matt Keizer, Chief Building Official
DIVERSITY-EQUITY INITIATIVES (DEI): n/a
CLIMATE INITIATIVES (CI): n/a
GENERAL PLAN ELEMENTS (GP): n/a

Page 537 of 581 ends
Page 1 of 2 ends

Agenda Item No: 13.c.

MEETING DATE/TIME: 10/18/2023

ITEM NO: 2023-3076

AGENDA SUMMARY REPORT
SUBJECT: Adoption of an Ordinance Amending Various Sections of Ukiah City Code to Update the City’s Existing Objective Design and Development Standards for New Multi-Family Residential Construction.

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

1. 10-4-23 12a staff report

2. 10-4-23 12a presentation slides

3. Objective Design and Development Standards Amended Ordinance clean Summary: Council will consider adoption of an ordinance amending various sections of Ukiah City Code to update the City’s Objective Design and Development Standards for new multi-family residential and mixed-use construction If adopted, this ordinance amendment would make minor modifications to Ukiah City Code Chapter 2, Article 5.2, Sections 9055 - 9055.2 to incorporate General Plan objectives, clarify existing regulations such as parking standards, and allow for development flexibility, as necessitated by site or building constraints. These modifications would further the City’s efforts to streamline the entitlement process to encourage infill multi-family and mixed-use development projects that align with the City's recently adopted 2040 General Plan.

Background: On October 4, 2023, after consideration of public input, the City Council voted 4-0-1 to introduce an Ordinance amending various sections of Ukiah City Code to update the City’s Objective Design and Development Standards for new multi-family residential and mixed-use construction. No modifications were suggested to the Ordinance by the Council. The staff report prepared for the October 4, 2023, meeting is attached for reference (Attachment 1), as is the presentation given during the meeting (Attachment 2).

Discussion: Staff recommends Council adopt the Ordinance (Attachment 3) amending various sections of Ukiah City Code to update the City’s existing Objective Design and Development Standards for new multi-family residential construction.

Recommended Action: Adopt an Ordinance amending various sections of Ukiah City Code to update the City’s existing Objective Design and Development Standards for new multi-family residential construction.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Local Action Planning Grants (LEAP) PC-18239: LEAP - T3) PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney DIVERSITY-EQUITY INITIATIVES (DEI):Goal 5
CLIMATE INITIATIVES (CI):5a

Page 538 of 581 ends
Page 2 of 2 ends

GENERAL PLAN ELEMENTS (GP):Agriculture Element; Action Item (F); Housing Element Goal H-3, Policy H3.1; H-4; Mobility Element; Policy MOB-1.10

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Page 1 of 4 ends

Agenda Item No: 12.a.

MEETING DATE/TIME: 10/4/2023
ITEM NO: 2023-3045

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction of an Ordinance by Title Only Amending Various Sections of Ukiah City Code to Update the City’s Existing Objective Design and Development Standards for New Multi-Family Residential Construction; and Approval of the Planning Commission's 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
ATTACHMENTS:

1. Objective Design and Development Standards - Proposed Amendment (Redline)_10.4.23

2. Objective Design and Development Standards - Proposed Amendment (Clean)_10.4.23

3. Planning Commission Resolution (PC 2023-03)

4. 12a Presentation give at meeting
Summary: Objective design standards are a powerful tool that allow communities to ensure that new development is compatible with the City’s vision and approach to the built environment. Under State law they are defined as “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” (California Government Code, Section 65913.4).

If approved, this ordinance amendment would make minor modifications to Ukiah City Code Chapter 2, Article

5.2, Sections 9055 - 9055.2 to incorporate general plan objectives, clarify existing regulations such as parking standards, and allow for development flexibility, as necessitated by site or building constraints. These modifications would further the City’s efforts to reduce housing costs and streamline the entitlement process to encourage infill multi-family and mixed-use development projects that align with the City's recently adopted 2040 General Plan.

Background: In 2019, SB 2 Planning Grant Program funds were awarded to the City of Ukiah by the California Department of Housing and Community Development (HCD) through Standard Agreement #19-PGP13298.

These funds were awarded to facilitate and streamline the production of housing within the City. One of the resulting updates to Ukiah City Code was the creation of objective development and design standards. The current objective standards were adopted by the Design Review Board on June 25, 2020, further reviewed and amended by the Planning Commission on August 12, 2020, and adopted by the City Council on March 17, 2021.

In 2022, the City received an application for mixed-use development (Acorn Valley Plaza) at the intersection of East Gobbi Street and Village Circle that utilized these design and development standards. City Staff worked closely with the applicant to ensure that their multi-building proposal aligned with the adopted standards and subsequently approved the request in coordination with the Building Inspection Division on December 12, 2022. By applying the Objective Design & Development Standards to an actual project, Planning Division Staff was afforded an opportunity to evaluate this process, and identify amendments to improve these regulations for future projects.

ATTACHMENT 1

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Page 2 of 4 ends

On July 27, 2023, after receiving feedback and incorporating suggested changes, the Design Review Board recommended that the requested Ordinance Amendment (Attachment 1 & 2) be progressed to the City's Planning Commission. Subsequently, on September 13, 2023, the Planning Commission unanimously approved the associated resolution (Attachment 3) recommending that the Ukiah City Council adopt the requested Ordinance Amenement.

Notably, for this ordinance amendment, Planning Division Staff is utilizing funds from a previously awarded Local Early Action Planning (LEAP) grant (#20-LEAP-15456) to prepare and adopt this amendment, thereby reducing costs to the City of Ukiah while progressing policies and regulations that facilitate new infill housing.

Discussion: The purpose of updating the City’s previously objective design and development standards is to:
• Utiilize awarded LEAP funds to further streamline housing production; • Update the City’s ministerial review processes for qualified multi-family housing and mixed-use projects;
• Incorporate lessons learned from Acorn Valley Plaza, as well as input from local architects and the Design Review Board related to the existing objective design and development standards; • Provide a set of clear criteria to guide future development within the city-limits and serve as a model for other jurisdictions within Mendocino County; and
As described below, Planning Division Staff propose the following amendments to incorporate general plan objectives, clarify existing regulations such as parking standards, and allow for development flexibility, as necessitated by site or building constraints:
§9055 Purpose and Intent: Duplexes: Clarify that ‘Duplexes’ are not subject to Article 5.2 by inserting an explicit exclusion, like the one already provided for single-family homes. While SB 9 allows for the application of “objective design review standards” on this type of residential unit, it is suggested that this form of housing be further streamlined within Ukiah City Code to address ‘Missing Middle’ considerations and further housing stock diversity. It is understood that numerous neighborhoods within Ukiah already feature ‘Duplexes’ interspersed among single-family residences.

At a later date, to ensure this update is applied consistently, Staff will need to update individual articles of Chapter 2 (Zoning) to ensure that ‘Duplex’ is separated from Article 5.2 and identified as a stand-alone use regulated as ‘Allowed’ or ‘Permitted’ depending on the associated zoning district. §9055.1 (H): HVAC Systems: Clarify that HVAC Units can also be placed on the ground, but subject to setback and screening requirements that are subsequently conveyed in Article 5.2. This clarification is to ensure that smaller ground-mount HVAC systems, such as ‘Ductless Mini-Splits’ are allowed by-right and removes confusion that HVAC systems can only be roof-mounted. The DRB requested that this provision be further modified to ensure that the HVAC system is not visible from the public right of way, meets the required setbacks and is obscured by fencing or landscaping as described in UCC Section 9055.2(H) Screening. §9055.1 (I): Mail and Package Delivery Location: The existing regulation requires that mailboxes be in locations visible to residents from the interior of structure entrances, which creates design limitations for multistructure developments, as well as operational challenges for mail delivery, and limits community interactions created by more centralized mail delivery locations. The update will encourage more centrally placed mailboxes and package areas.
§9055.1 (K): Open-Space: Increase the allowances for community gardening opportunities by allowing for community gardens to constitute a percentage of the required 15% public open space. Also, as identified in the 2040 General Plan (AG Element Action Item – F), allow for ‘Foodscaping’, which is the integration of edible plants into ornamental landscapes. This update will allow and suggest ‘Foodscaping’ as a design and openPage 541 of 581

Page 3 of 4 ends

space consideration. The DRB approved this consideration, but included aspects to ensure that Community Gardens are regularly maintained and feature a management plan in conformance with Ukiah City Code Section 9173.2.
§9055.1 (N): Bicycle Parking: Adds additional language to prioritize the need for bicycle parking and provides acceptable guidelines to inform best practices.
§9055.1 (O)(1)(b)(1-4): Parking Lot Landscaping: Eliminates the distinction between parking areas and parking lots. Clarifies how spaces should be counted between every four (4) parking stalls to accommodate aspects like ADA parking aisles, electric vehicle charging, etc. Proposed changes also specify the constraints that would make fulfilling §9055.1 (O)(1)(b)(1) infeasible, particularly mature trees or similar topographical constraints, such as creeks or embankments.
§9055.1 (O)(2)(a): Required Parking: Remove the ‘Guest Parking’ requirement, as the assigned ratio becomes onerous for larger in-fill development proposals and works against the parking exemptions or reductions identified in other sections of Ukiah City Code, such as UCC 9198(A)(7-9).These additional parking spaces increase the total cost of the development, and cumulatively take up more surface area than the building(s) themselves and compete against more desirable on-site land-uses, such as landscaping, additional residential units, or recreational space. Additionally, the 'Guest Parking' requirement reduces the ability of 'Moderate' or 'Above-Moderate' multi-family developments to utilize the Objective Design and Development Standards, as they are not able to utilize the parking exemptions available for affordable housing developments.

The DRB was unable to reach consensus on this item and deferred to the Planning Commission for their recommendation to the City Council. At the DRB hearing on July 27, 2023, a reduction, rather than elimination of this modification, was considered, but a decision was ultimately deferred to the Planning Commission. Staff recommended that the ‘Guest Parking’ be eliminated and that the developer determine the need for additional parking. This recommendation was affirmed by the Planning Commission, which voted to remove the 'Guest Parking' Requirement.
§9055.1 (O)(2)(a): Parking Code: Article 17 is more onerous than the zoning standards of the R3, C1, or C2 zoning districts. UCC Section 9198(A)(3) requires one parking space for one-bedroom units; two (2) parking spaces for two (2) or more bedrooms per unit.

Within the R-3, C-1 and C-2 zoning districts, however, multi-family units only require: One (1) on-site parking space per unit. This clean-up item is required, as the existing regulation creates confusion as to the assigned parking requirements for multi-family housing.
§9055.1(O)(2)(b): Mixed-Use Parking: The current iteration of the objective design and development standards do not clarify what parking standards should be applied for mixed-use development projects. It is suggested that this clarification be inserted.
§9055.1(P)(6): Outdoor Lighting: At the request of the DRB, this requirement was modified to provide a specific reference to Dark Sky Standards of the International Dark Sky Association in conjunction with reducing glare and light pollution.
§9055.2(C)(4-5) Fences and Walls: This amendment adds an exception that certain recreation and garden improvements be allowed to use otherwise prohibited fence types. §9055.2(K)(4)(a): Heavy Timber: Concerns were conveyed from the architectural community that this existing language could be construed to prevent designs similar to the Sun-House, or use of materials like Cross Laminated Timber. The amendment removes “heavy-timber” considerations, but leaves “exposed-logs” as prohibited.

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Page 4 of 4 ends

§9055.2(L): Exception: As needed or required, due to site or building constraints, the applicant can request deviation from any of the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director. The sites remaining for infill development are often irregular and present unusual boundaries or situations that need to be accommodated. This exception would allow for limited deviation of certain standards to help encourage the development of underutilized or irregular parcels.

Recommended Action: Introduction of the ordinance by title only amending various sections of Ukiah City Code to update the City’s existing objective design and development standards for new multi-family residential construction; 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: Local Action Planning Grants (LEAP) PC-18239: LEAP - T3).

PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5
CLIMATE INITIATIVES (CI):5a
GENERAL PLAN ELEMENTS (GP):Agriculture Element; Action Item (F); Housing Element Goal H-3, Policy H3.1; H-4; Mobility Element; Policy MOB-1.10

Page 543 of 581 ends

City Council
October 4, 2023
Jesse Davis, Chief Planning Manager
City of Ukiah Department of Community Development
Objective Design & Development Standards
Ordinance Amendment
ATTACHMENT 2

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PLANNING COMMISSION May | 2

PROJECT OVERVIEW & PURPOSE
• Inform future ordinance amendments to the City’s Zoning Code, and utilize awarded LEAP funds to update the existing infill development policy; • Update and improve the City’s streamlined ministerial review processes for qualified housing and mixed-use projects in the pipeline; • Ensure that qualifying projects align with the City’s vision, incorporating lessons learned from Acorn Valley Plaza, as well as input from local architects and the Design Review Board;
• Update criteria to guide future development within City-limits and serve as a model for other jurisdictions within Mendocino County, while prioritizing infill development that encourages mixed-used development with less-intensive parking requirements.

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ACORN
VALLEY
PLAZA
The proposed development, Acorn
Valley Plaza, has been designed to
fit within the context of an
existing, developed neighborhood,
south of the primary commercial
center of the community and
contiguous to a public transit
route for the regional bus system
along Gobbi Street, a primary,
east-west collector arterial.

The project, as designed, includes
seventy-one (71) residential units
with a manager’s unit, Common
Area amenities and a small mixed-
use component facing to the
north, onto the commercial
pathway that is Gobbi Street.

The project was the first in the
City of Ukiah to utilize Objective
Design & Development Standards
to facilitate a ministerial approval.
3

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4 ACORN
VALLEY
PLAZA

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5 • Residential: 72 Units = 72 Spaces
• Res Mix (2 Bdr & 3 Bdr) = 37 Spaces
• Guest Parking: 72/6=12 * 3 = 36 Spaces
• Residential Req: 145 Spaces
• Comm Req: 1550/350= 4 Spaces
• Total Parking Required = 149 Spaces

PARKING REQUIRED
• Special: 149 *.30 = 45 Spaces - UCC 9198(A)(7)
• Bicycle: 3*2 = 6 Spaces - UCC 9199(B)
• Mixed Use: 4 Spaces * .35 = 1 Space – UCC
9198(A)(9)
• Parking Exemptions: 45+6+1 = 52 Spaces
• Spaces Required: 149-52= 97 Spaces
• Total Number Provided:
• “Off Street”- 85 + “Village Circle” - 12 =
97 Spaces

PARKING EXEMPTIONS

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ORDINANCE CHANGES
• §9055 Purpose and Intent: Duplexes: Clarify that ‘Duplexes’ are not subject to Article 5.2 by inserting an explicit exclusion, like the one already provided for single-family homes.
• §9055.1 (H): HVAC Systems: Clarify that HVAC Units can also be placed on the ground, but subject to setback and screening requirements. • §9055.1 (I): Mail and Package Delivery Location: Clarify that mailbox locations do not need to be visible from the structure entrance, but in locations that are easily accessible and meet USPS standards. • §9055.1 (K): Open-Space: Increase the allowances for community gardening opportunities by allowing for community gardens to constitute a percentage of the required 15% public open space.
• §9055.1 (N): Bicycle Parking: Adds additional language to prioritize the need for bicycle parking and provides acceptable guidelines to inform best practices

Page 549 of 581 ends

ORDINANCE CHANGES
§9055.1 (O)(1)(b)(1-4): Parking Lot Landscaping: Eliminates the distinction between parking areas and parking lots & provides additional clarifications for tree-wells.
• Exceptions for access aisles and other features required for accessibility or EV Charging), unless infeasible, due to existing mature trees or other similar site-constraint.
§9055.1 (O)(2)(a): Required Parking: Remove the ‘Guest Parking’ requirement • The assigned ratio becomes onerous for larger in-fill development proposals and works against the parking exemptions or reductions identified in other sections of Ukiah City Code, such as UCC 9198(A)(7-9). It also restricts developments that are market rate or above-moderate.
§9055.1 (O)(2)(a): Parking Code: Article 17 is more onerous than the current zoning standards across districts. Article 17 requires 2 spaces for units with 2 or 3 Bedrooms, while the C-1, C-2 & R-3 Zoning Districts require just one on-site parking space per unit regardless of bedrooms.

Page 550 of 581 ends

ORDINANCE CHANGES
§9055.1(O)(2)(b): Mixed-Use Parking: The current iteration of the objective design and development standards do not clarify what parking standards should be applied for mixed-use development projects, or if mixed-use parking reductions are appropriate.
§9055.1(P)(6): Outdoor Lighting: At the request of the DRB, this requirement was modified to provide a specific reference to Dark Sky Standards of the International Dark Sky Association in conjunction with reducing glare and light pollution. §9055.2(C)(4-5) Fences and Walls: This amendment adds an exception that certain recreation and garden improvements be allowed to use otherwise prohibited fence types.
§9055.2(K)(4)(a): Heavy Timber: Concerns have been conveyed from the architectural community that the existing language could be construed as to prevent designs like the Sun-House, or use of materials like Cross Laminated Timber. The amendment removes “heavy-timber” considerations but continues to prohibit “exposed-logs.

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ORDINANCE CHANGES
§9055.2(L): Exception: As needed or required, due to site or building constraints, the applicant can request deviation from any of the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director.

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GENERAL PLAN CONSISTENCY
• Agriculture Element Action Item (F): The City shall revise the City’s objective development and design standards for multi-family housing projects to include the definition of and provisions for ‘Foodscaping’.
• Housing Element Goal H-3: Remove governmental constraints to infill housing development.

Housing Element Policy H-3.1: Improve building and planning permit processing for residential construction.
• Housing Element Goal H-4: Promote well-planned and designed housing opportunities and projects for all persons, regardless of race, gender, age, sexual orientation, marital status, or national origin.
• Housing Element Implementation Program 1e: Develop standards and design guidelines for residential development in the Medium Density Residential (R-2) and High Density Residential (R-3), Community Commercial (C-1) and Heavy Commercial (C-2) zoning districts.
• Mobility Element Policy-1.10: Bicycle Parking Standards -The City shall maintain efficient and updated parking standards for bicycle parking to ensure development provides adequate bicycle parking, while reducing reliance on automobiles.

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11 RECOMMENDATION
Introduction of the ordinance by title only
amending various sections of Ukiah City
Code to update the City’s existing
objective design and development
standards for new multi-family residential
construction; and find the ordinance
categorically exempt pursuant to Section
15061(b)(3) of the CEQA Guidelines.

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS

SECTIONS OF THE UKIAH CITY CODE THAT WOULD MAKE MINOR MODIFICATIONS TO DIVISION 9, CHAPTER 2, ARTICLE 5.2, SECTIONS 9055 - 9055.2 (OBJECTIVE DESIGN &

DEVELOPMENT STANDARDS) TO INCORPORATE GENERAL PLAN OBJECTIVES,

CLARIFY EXISTING REGULATIONS, AND ALLOW FOR LIMITED EXCEPTIONS, AS NECESSITATED BY SITE OR BUILDING CONSTRAINTS.

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

SECTION 1
Section 9055 of the Ukiah City Code is hereby amended to read as follows:
§9055 PURPOSE AND INTENT
The purpose of this article is to create a by-right, ministerial approval process for all new residential construction, excluding single-family homes and duplexes. To do so, this article sets forth objective design and development standards that remove barriers to and reduce costs for new residential construction for multi-family housing, while still protecting the residential character of the City’s neighborhoods. (Ord. 1212, §7, adopted 2021) SECTION 2
Section 9055.1 of the Ukiah City Code is hereby amended to read as follows:
§9055.1 DEVELOPMENT STANDARDS
A. Setbacks:

1. Front: The front setback shall comply with the base zone front setback requirements.

2. Setback Landscaping: Areas between the required setback and street improvements shall be landscaped per the landscaping requirements in subsection L of this section.

3. Side (Interior):
a. Minimum Side Setbacks: There is no minimum interior side setback; provided, that structures comply with the building and fire code standards for structure separation. b. Zero Setback: If zero setbacks are proposed, the side setback opposite the zero setback shall be a minimum of five feet (5').

4. Rear: The rear setback shall comply with the base zone rear setback requirements.

B. Property Access: There shall be vehicular access from a dedicated and improved street, easement, or alley to off-street parking areas.

ATTACHMENT 3

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C. Street Frontage: Every primary residential structure shall have frontage on a public street or an accessway which has been approved for residential access by the City.

D. Structure Orientation: Structures shall incorporate site design that reduces heating and cooling needs by orienting structures (both common facilities and dwelling units) on the parcel to reduce heat loss and gain, depending on the time of day and season of the year.

E. Structure Height: Structure height shall comply with the base zone maximum allowable height.

F. Alternative Energy Applications: All structures shall be designed to allow for the installation of alternative energy technologies including but not limited to active solar, wind, or other emerging technologies, and shall comply with the following standards:

1. Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines.

2. Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels, as shown in Figure 1-1.

Figure 1-1: Application of Roof-Mounted Equipment
G. Utility Lines: All utility lines from the service drop to the structure shall be placed underground.

H. HVAC Systems: All HVAC systems shall be located on the roof of the structure to minimize noise impacts to adjacent properties, or shall be placed on the ground, not visible from the public right of way, meet the required setback and be obscured by fencing or landscaping as described in §9055.2(H) - Screening.

I. Mail and Package Delivery Location: For multifamily development projects greater than four (4) dwelling units, mailboxes and package delivery areas shall be in locations easily visible by residents.

J. Primary Entrances:

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1. Entry Lighting: All primary structure entrances shall include dusk-to-dawn lighting for safety and security per subsection P of this section.

2. Interior-Facing Structures:
a. The primary entrance of each interior-facing structure shall be oriented toward paseos, courtyards, pathways, and active landscape areas. b. For safety, units not facing the street shall be oriented to provide visual access to entryways, pedestrian pathways, recreation areas, and common facilities from dwelling units.

K. Open Space: The following development standards apply to multifamily developments greater than four (4) dwelling units:

1. Public Open Space:
a. Public Open Space: Not less than ten percent (10%) of the gross acreage of the total project shall be set aside as public open space to allow for active and passive recreation opportunities and that includes shading elements to benefit all residents of the project, as shown in Figure 1-2. Open space ownership and maintenance shall be the responsibility of the property owner(s).

Figure 1-2: Configuration of Public Open Space
b. Connections: Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrian-oriented pathways. c. Landscaping and Gardening: A minimum of fifteen percent (15%) of the required public open space shall be landscaped with materials and plantings consistent with

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the standards in subsection L of this section (Landscaping and Gardening) and the subject parcel’s underlying base zone landscaping requirements. d. Lighting: In addition to the exterior lighting standards in subsection P of this section, public open space areas shall incorporate accent lighting. Accent lighting may include string lighting in trees or crisscrossed over pedestrian areas via courtyards, or plazas; lighting in fountains; or lighting of significant structures or architectural design features.
e. Public Gathering Space: Public open space areas shall include a minimum of two (2) of the following public gathering spaces:
(1) Patio seating area for a minimum of eight (8) people. Patio seating can be fixed chairs and tables, table/bench combination, or landscape materials (i.e., slabs of stone or rock);
(2) Community Garden;
(3) Water feature in the form of a fountain, bubblers, or water play area; (4) Picnic/BBQ area no smaller than two hundred (200) square feet with a minimum of three (3) Picnic/BBQs and tables; or
(5) Pedestrian plaza no smaller than two hundred (200) square feet with a minimum of four (4) benches.
f. Recreation Facilities: A maximum of twenty-five percent (25%) of the required public open space area may be paved for recreation facilities including but not limited to basketball courts, tennis courts, common playground, or swimming pools.

2. Private Open Space:
a. Ground Floor Units: Each ground floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy.
b. Above-Ground-Floor Units: Each above-ground-floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy.

L. Landscaping (see Figure 1-3):

1. Landscaping Plans: Existing features, such as trees, creeks, and riparian habitats shall be incorporated into landscaping plans.

2. Site Landscaping:

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a. All street trees shall be planted consistent with the standard planting detail on file with the City Engineer.
b. Vegetation (i.e., bushes, shrubs, flowers) shall be maintained at a height of no more than three feet (3') when located adjacent to pedestrian pathways and building facades and placed in such a manner that does not obstruct lighting. c. Foodscaping: The integration of edible plants into ornamental landscapes is allowed and can constitute a percentage of the required landscaping for the subject property.
d. Community Garden: A public garden tended and maintained by members of the local community, allowed per §9173.2 (Community Gardens). Community Gardens shall be regularly maintained and feature a management plan.

3. Irrigation: Site landscaping shall include an automated irrigation system with a minimum of seventy-five percent (75%) of system being drip irrigation to reduce water consumption.

4. Maintenance: All trees and on-site landscaping shall be maintained by the property owner.

5. Landscaping Plant Selection:
a. Landscape planting shall consist of at least seventy-five percent (75%) native, drought-tolerant plants and/or flowering plants, including plants identified for ‘Foodscaping’.
b. All tree plantings shall be equivalent to a fifteen (15) gallon container or larger. c. Street trees shall be selected from the approved species on the Ukiah Master Tree List – Required Street Tree List.

Figure 1-3: Landscaping

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M. Personal Outdoor Storage Spaces: A minimum of ten (10) square feet (eighty (80) cubic feet) of personal outdoor storage space shall be provided for each dwelling unit. Personal outdoor storage areas shall be covered and able to be locked.

N. Bicycle Parking is an essential element of any bikeway network. Site planning for shortterm and long-term bicycle storage considerations should be based on the Association of Pedestrian and Bicycle Professional’s (APBP) “Bicycle Parking Guidelines” and best practices.

See below for bicycle parking standards (see Figure 1-4):

1. Class I Bicycle Parking: One Class I bicycle parking space (i.e., bicycle locker) is required for every fifteen (15) dwelling units. The Class I bicycle space shall be located within or directly adjacent to the required public open space area.

2. Class II Bicycle Parking: For multifamily development projects greater than four (4) dwelling units, one Class II bicycle parking space (i.e., inverted U-rack, ribbon rack, wave rack) is required for every three (3) dwelling units. The Class II bicycle space shall be located within or directly adjacent to the required public open space area.

Figure 1-4: Bicycle Parking
O. Parking and Circulation:

1. Parking Areas:
a. Parking Lot Design and Location:
(1) Parking is prohibited within required sight distance areas. (2) Multifamily development projects greater than fifteen (15) dwelling units shall not site more than fifty percent (50%) of the total parking stalls in a single area of the parking lot.
(3) Multifamily development projects greater than four (4) dwelling units shall not provide parking between the building(s) and the primary street frontage.

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(4) Parking lots within a site shall be internally connected and use shared driveways.
b. Parking Lot Landscaping: The following development standards apply to multifamily developments greater than four (4) dwelling units:
(1) Parking areas with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls (with exceptions for access aisles and other features required for accessibility or EV Charging), unless infeasible, due to existing mature trees or other similar site-constraint. Parking lots shall also feature a continuous linear planting strip, rather than individual planting wells.. (2) Parking lots shall provide shade trees in landscaped areas and along pedestrian pathways. Parking areas shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within ten (10) years of planting.
(3) Parking lots shall provide a minimum ten-foot (10') buffer between the parking and structures. This buffer can include walkways and/or landscaping. (4) Parking lots shall use concrete curbing or raised planting areas to protect landscaped areas from encroaching vehicles.
(5) At least seventy-five percent (75%) of parking lot trees shall be deciduous species.
c. Parking Lot Lighting: The following development standards apply to multifamily development projects greater four (4) dwelling units.
(1) Parking lots shall include pole-mounted lighting that shall be no more than sixteen feet (16') in height.
(2) Parking lot lighting shall be directed downward to minimize glare. d. Carports: Carports shall be reserved for vehicles and shall not be used as storage space.
e. Individual Garage Parking: For multifamily development projects greater than four (4) dwelling units, indoor vehicle parking in the form of garages is encouraged, but not required.

2. Required Parking:
a. Parking Standards: Multifamily dwelling parking standards shall be consistent with the parking regulations of their zoning designation.
b. Parking Standards: Mixed-use parking standards shall be consistent with Ukiah City Code Section 9198.A.9.

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P. Exterior Lighting (see Figure 1-5):

1. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos, interior sidewalks, pathways, etc.) for safety and security.

2. Pedestrian pathway (excluding street-fronting sidewalks) lighting features shall not exceed ten feet (10') in height.

3. Active pedestrian areas shall incorporate free-standing lighting separate from structures.

4. Pedestrian pathways, elevator lobbies, parking areas, stairwells, and other common areas shall have minimum illumination levels of one-half (0.5) foot-candle at the pathway surface to clearly show walking conditions.

5. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto neighboring parcels is prohibited.

6. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to reduce glare and light pollution in conformance with Dark Sky Standards of the International Dark Sky Association.

Figure 1-5: Exterior Lighting
Q. Privacy: Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include:
use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners.

R. Trash and Recycling Enclosures: The following trash and recycling enclosure development standards apply to multifamily development projects greater than four (4) dwelling units:

1. Walls either made of masonry, metal, or wood with finished metal doors.

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2. Vehicle and pedestrian access gates.

3. Downward lighting for safety and security.

S. Structure Identification: Structure identification numbers shall be placed along pedestrian pathways and roads and shall be readable from a distance of at least sixty feet (60').

T. Signage and Information: Developments shall comply with the sign standards in Division 3, Chapter 7 of this code (Signs). In addition, all directional signage and informational kiosks (i.e., development maps) shall be located at the entrances of individual buildings and at convergences of main pedestrian pathways.

SECTION 3
Section 9055.2 of the Ukiah City Code is hereby amended to read as follows:
§9055.2 DESIGN STANDARDS
A. Carports:

1. For multifamily development projects greater than four (4) dwelling units, carports shall not be visible from the street.

2. Carports shall include the approved color palette, materials, and design elements of the structure.

B. Color Palettes (see Figure 1-6):

1. All structures shall include at least one primary color and a maximum of two (2) accent colors, in addition to the color of the roofing material.

2. Each structure elevation shall include two (2) colors in the selected color palette.

3. Projects that include more than ten (10) dwelling units shall include at least two (2) color palettes, where no single-color palette shall be used on more than fifty percent (50%) of the dwelling units.

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Figure 1-6: Color Palettes
C. Fences and Walls: The following materials are prohibited for all fences and walls:

1. Electrified;

2. Barbed wire/razor wire;

3. Sharp objects such as spires and glass;

4. Cyclone or chain link (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.); and

5. Vinyl (Exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.).

D. Glazing: Structures shall incorporate the use of energy efficient glazing to reduce heat loss and gain.

E. Common Mailboxes: Common mailboxes shall be painted using the approved color palette for the overall development.

F. Trash and Recycling Enclosures: Trash and recycling enclosure walls and metal doors shall be painted in accordance with the approved color palette for the overall project.

G. Roof Design and Materials (see Figure 1-7):

1. Horizontal eaves longer than twenty feet (20') in length shall be broken up by gables, building projections, or other forms of articulation.

2. Roof overhangs shall be a minimum of twelve inches (12").

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Figure 1-7: Roof Design

3. The following are allowable roofing materials:
a. Nonreflective standing seam metal roofs in shades of tan, brown, black, light blue, red, and green;
b. Cool foam roofs (white);
c. Clay tile; and
d. Architectural composition shingles.

H. Screening: All screening of ground-mounted, wall-mounted, and roof-mounted equipment shall be painted in accordance with the approved color palette for the project. Visual screening shall be installed if ground-mounted or wall-mounted equipment faces the street.

I. Stairways/Stairwells: Exterior stairways/stairwells that are not enclosed shall not be visible from the public right-of-way.

J. Structure Massing: Structures that have a length longer than thirty feet (30') shall include facades with varying modulation with a minimum depth of two feet (2') at intervals of no more than ten feet (10'), as shown in Figure 1-8.

Figure 1-8: Structure Massing

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K. Structure Materials and Elements:

1. Drainpipes, parapets, and ledges shall not be located near windows, corridors, and balconies. If such placement is not feasible, they shall face parking lots, public spaces, and roads.

2. All structures shall include a minimum of two (2) primary materials (i.e., stone, wood, masonry, or metal) on each structure elevation. Each material shall comprise at least twenty percent (20%) of the elevations excluding windows and railings.

3. All structures that use exterior veneers shall ensure the edge of the veneer is not obvious by prohibiting the use of vertical joints at exterior corners.

4. The following primary structure materials are prohibited:
a. Exposed logs in their natural state;
b. Stucco textured foam, synthetic stucco, vinyl or vinyl clad materials; and c. Unfinished galvanized metals.

L. Exception: As needed or required, due to site or building constraints, the applicant can request deviation from the identified standards conveyed in UCC §9055.1 (K-S) or UCC §9055.2 (J-K) by 25% upon review by the Community Development Director.

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.

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 October 4, 2023, by the following roll call vote:

AYES: Rodin, Dueñas, Sher, Orozco
NOES:

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ABSENT:

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

AYES:

NOES:

ABSENT:

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

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Agenda Item No: 14.a.

MEETING DATE/TIME: 10/18/2023

ITEM NO: 2023-3093

AGENDA SUMMARY REPORT
SUBJECT: Receive a Status Update on the Potter Valley Hydroelectric Project and IWPC’s Efforts to Advance a Regional Solution for Preserving Flows and Fisheries; and Consideration and Possible Approval and Authorization for the Mayor to Sign a Letter of Support for the New Eel-Russian Facility Proposal.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Sean White, Water Resources Director.

ATTACHMENTS:

1. Draft Letter of Support for New Eel-Russian Facility Proposal Summary: The Council will receive a status update on the Potter Valley Hydroelectric Project and IWPC’s efforts to advance a regional solution for preserving flows and fisheries. In addition, Council will consider and possibly approve a letter of support for the new Eel-Russian Facility Proposal.

Background: The Mendocino County Inland Water and Power Commission (IWPC), Round Valley Tribes, and Sonoma County are looking for support of a letter to state and federal legislators, which outlines the proposal for the New Eel-Russian Facility Proposal to PG&E. They are seeking to show wide-based regional support for continued diversions to the Russian River along with enhanced fish passage in the Eel River, as they will be requesting future state and federal funding for these endeavors to reduce local costs.

Discussion: In presentation of this report, the Water Resources Director, Sean White, will provide a status update on the Potter Valley Hydroelectric Project and IWPC’s efforts to advance a regional solution for preserving flows and fisheries in the Russian River and improving Eel River fisheries.

Staff is recommending that the Council approve the attached letter of support (Attachment 1), and authorize the Mayor to sign same.

Recommended Action: 1. Recieve Report; and 2. Approve and Authorize the Mayor to Sign a Letter of Support for the New Eel-Russian Facility Proposal.

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: IWPC
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):

GP-A4 - Public Facilities, Services, and Infrastructure Element

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Date
The Honorable FIRST & LAST NAME
Address
Subject: Water Suppliers’ Support for New Eel-Russian Facility Dear TITLE LAST NAME,
Water suppliers in Sonoma, Mendocino and Marin counties strongly support the Proposal submitted to Pacific Gas and Electric Company (PG&E) by the Mendocino County Inland Water and Power Commission, Round Valley Indian Tribes, and the Sonoma County Water Agency (Sonoma Water), which advances a regional solution for preserving flows and fisheries in the Russian River and improving Eel River fisheries.

PG&E plans to decommission its Potter Valley Hydroelectric Project, and in the absence of a proposal, end water diversions from the Eel River into the Russian River. The Proposal seeks to maintain these diversions while not delaying PG&E’s plans to remove Scott Dam and Cape Horn Dam. The proposed New Eel-Russian Facility would provide for effective and timely fish migration past the new diversion facilities while allowing water to be transferred to the Russian River when flows are high enough in the Eel River. These diversions are critical to the health of the Russian River watershed, to ongoing water supply for numerous communities in Sonoma, Mendocino and Marin counties, and to Russian River fisheries. Based on records from 1911-2017, without the Potter Valley Diversion, Lake Mendocino would have gone dry 56 out of 108 years (unless intervening measures were taken).

Russian River water users have made significant strides in reducing water use, improving water use efficiency, and developing alternative supplies (for example, Sonoma Water and its retail water customers take nearly 40 percent less water from the Russian River than they did 20 years ago, despite a growing population). However, halting the diversions, even temporarily, would directly threaten the drinking water supply for more than 97,000 people living in Russian River communities -- and would make the drinking water supply for 600,000 additional people less reliable.

The lack of diverted water would cause tens of millions of dollars of economic damage per year, result in drastic conservation measures and increased water rates, curtail needed new housing, and increase the region’s vulnerability to droughts, wildfires and climate change.

For these reasons, Sonoma, Mendocino and Marin county water suppliers hope that we can count on your support of the Proposal now, through the regulatory process, and as the Proposal proponents seek state and federal funding for completing the project design, environmental review and, ultimately, construction.

Thank you for your consideration,
NAMES

TITLES, AGENCIES REPRESENTED
ATTACHMENT 1

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Agenda Item No: 14.b.

MEETING DATE/TIME: 10/18/2023

ITEM NO: 2023-3096

AGENDA SUMMARY REPORT
SUBJECT: Discussion and Possible Action Regarding the Drafting of a Letter to the United States Postal Service to Address Landscaping Issues at their South Orchard Avenue Branch.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Mari Rodin, Mayor; Craig Schlatter, Community Development Director
ATTACHMENTS:

1. 671 S Orchard pics 7-13-23

2. UCC 9087 landscaping and other reqs

3. 07-19-23 Letter to USPS - City of Ukiah CDD (1)
Summary: Council will discuss and possibly take action regarding the drafting of a letter to the United States Postal Service to address landscaping issues at their South Orchard Avenue branch.

Background: In early July 2023, the City Manager informed the Community Development Director of a report from Mayor Rodin of potential weed abatement and related landscaping issues at the United States Postal Service (USPS) branch located at 671 S. Orchard Ave. Staff within the Code Enforcement Division investigated the site, and although there were no nuisance violations, Staff did find dead/dying grass and a generally barren state of landscaping at the site. See Attachment 1 for pictures taken on July 13, 2023.

Although the USPS branch at 671 S. Orchard Ave. is located within the Community Commercial (C-1) zoning district, the property is owned by the federal government. As such, the USPS, unlike other neighboring commercial property owners, is not required to meet requirements within the City's C-1 zoning district. However, as is the case with other units of state and federal government, USPS is still encouraged by the City to conform to the City's zoning ordinance. See Attachment 2 for a listing of landscaping and other requirements for C-1 zoned properties, as outlined in Division 9, Chapter 2, Article 7, Section 9087 of Ukiah City Code (UCC).

Working closely with Mayor Rodin, the Community Development Director prepared a letter that was sent to the USPS Postmaster on July 19, 2023 (Attachment 3). To date, no response has been received from USPS to the letter.

Discussion: Mayor Rodin requested an item for consideration and possible action regarding the drafting of an additional letter (and/or other efforts) to the USPS concerning these landscaping issues. Staff recommends Council discuss and possibly take action on this issue.

Recommended Action: Discuss and possibly take action regarding the drafting of a letter to the USPS regarding landscaping issues at the South Orchard Avenue branch of the USPS; and/or consider other actions/efforts.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A

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PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mari Rodin, Mayor
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

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ATTACHMENT 1

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§9087 ADDITIONAL REQUIREMENTS
The following additional requirements are applicable in the Community Commercial (C-1) Zoning District:

A. A site development permit shall be required for development projects in the Community Commercial (C-1) Zoning District, pursuant to the requirements of subsection 9261B of this chapter, excluding multiple-family residential projects as described in section 9081 of this code that comply with the design and development standards in Chapter 2, Article 5.2 of this division.

B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners.

C. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

D. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing. Properties within the downtown master plan (DMP) area are exempt from the landscaping requirements.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access.

ATTACHMENT 2

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c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible.

Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.
d. Parking lots shall have a perimeter planting strip with both trees and shrubs.
e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than three feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.
f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless because of the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan.
i. All required landscaping for commercial development projects shall be maintained.
j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. k. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

E. No fence shall be constructed over three feet (3') in height in any required front yard setback area.

F. Existing developments as of the date of this article inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation, and shall be subject to the nonconforming provisions contained in this chapter. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1168, §3, adopted 2016; Ord. 1216, §5, adopted 2021)

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ATTACHMENT 3

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Page 1 of 1 ends

Agenda Item No: 14.c.

MEETING DATE/TIME: 10/18/2023

ITEM NO: 2023-3089

AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Rodin and Various Councilmembers
ATTACHMENTS:

1. City Council Special Assignments rev 8-4-23
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications.

Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1.

Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.

In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary.

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

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: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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2023 CITY COUNCIL SPECIAL ASSIGNEMENTS

LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD
Civic Center300 Seminary Ave.Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last mile Broadband.

Orozco Jim Robbins, Grants Manager; 463-6708; [email protected] Investment Oversight Committee Varies
Civic Center300 Seminary Ave.

Ukiah, CA 95482
Civic Center300 Seminary Ave.Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco - AlternateAlan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220 [email protected] Disaster Council
Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee.

Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.

OrozcoDuenas- Alternate
Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Greater Ukiah Business & Tourism Alliance (GUPTA)
4th Monday of month, 10:00 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area RodinDuenas - Alternate
Shannon Riley, Deputy City Manager;467-5793 [email protected] Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.

Civic Center300 Seminary Avenueconference room 5
IWPC Staff P.O. Box 1247Ukiah, CA 95482391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion RodinOrozco- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected] North Coast Opportunities (NCO) 4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Governing Board ChairNorth Coast Opportunities413 North State StreetUkiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201
[email protected]
Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 [email protected] Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m.

Board of Supervisors Chambers; 501 Low
Gap RoadUkiah, CA
County Executive Office501 Low Gap Rd., Rm. 1010Ukiah, CA 95482463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin CraneDuenas - Alternate
Sean White, Director of Water Resources; 463-5712 [email protected]

MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Rodin Vice Mayor Duenas - Alternate Kristine Lawler, City Clerk; 463-6217 [email protected] Economic Development & Financing Corporation (EDFC)
2nd Thursday of month, 2:00 p.m.

Primarily 631 S. Orchard Street (location varies)
Executive Director631 South Orchard AvenueUkiah, CA 95482467-5953 Multi-agency co-op for economic development and business loan program Riley(appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Library Advisory Board
3rd Wednesdays of alternate months; 1:00 p.m.

Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Duenas Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; [email protected] Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annexconference room #5411 West Clay St.Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor RodinCrane - Alternate
Sage Sangiacomo, City Manager;
463-6221; [email protected]
Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.

Civic Center Annexconference room #5411 West Clay St.Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor RodinDuenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino Council of Governments (MCOG)
1st Monday of month, 1:30 p.m.

Board of Supervisors Chambers501 Low Gap RoadUkiah, CA
Executive Director
367 N. State Street, Ste. 206 Ukiah, CA 95482463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide DuenasSher - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 [email protected]
Mendocino County Airport Land Use Commission As needed
BOS Conference Room501 Low Gap Rd., Rm. 1090,Ukiah, CA
Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
[email protected] Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m. Board of Supervisors Chambers Executive Director
200 S. School Street, Ste. 2Ukiah, CA 95482463-4470
Required by legislation - planning spheres of influence, annexation, service areas, and special districts RodinCrane - Desired Alternate if
appointment becomes available with City Selection Committee Craig Schlatter, Director of Community Development; 463-6219; [email protected] 6/23/2023
ATTACHMENT 1

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2023 CITY COUNCIL SPECIAL ASSIGNEMENTS

MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday of every other month (varies), 10:00 a.m.

Willits Council Chambers
Solid Waste Director3200 Taylor DriveUkiah, CA 95482468-9710 County-wide Solid Waste JPA Crane Sher- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino Transit Authority (MTA) Board of Directors
Last Wednesday of month, 1:30 p.m.

Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director
241 Plant RoadUkiah, CA 95482462-1422
County-wide bus transportation issues and funding Sher Duenas - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino Youth Project JPA Board of Directors
3rd Wednesday of month, 7:45 a.m. 776 S. State Street Conference Room Mendocino Co. Youth Project776 S. State Street, Ste. 107Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police CaptainDuenas - Alternate
Cedric Crook, Police Captain 463-6771; [email protected] Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month, 5:30 p.m.
151 Laws Ave.,Suite D Ukiah, CA
151 Laws Ave., Ukiah, CA 95482; [email protected]; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 [email protected] Ukiah Players Theater Board of Directors
3rd Tuesday of month, 6:00 p.m
1041 Low Gap Rd Ukiah, CA 95482 462-1210
1041 Low Gap RdUkiah, CA 95482462-1210
To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217 [email protected] Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 [email protected]

REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency
Bi-monthly, 3rd Thursdays, 10:30 a.m.

Various Locations - announced
419 Talmage Road, Suite M Ukiah, CA 95482463-3280
Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region RodinDuenas - Alternate
Neil Davis, Community Services Director467-5764 [email protected] League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced
Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento OrozcoDuenas -Alternate
Sage Sangiacomo, City Manager; 463-6221 [email protected] Russian River Watershed Association (RRWA)
4th Thursday of month, 9:00 a.m. (only 5 times a year)
Windsor Town Hall
Russian River Watershed Assoc. 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests RodinSher - Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Northern California Power Agency (NCPA) Commission
4th Thursday of month, 9:00 a.m. (see NCPA calendar)
Roseville, CA and other locations
651 Commerce Drive Roseville, CA 95678916-781-4202
Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support.

Crane - CommissionerSauers - Alternate and
Commissioner in absence of Commissioner Crane
Cindi Sauers - Electric Utility Director;463-6286 [email protected] Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce DriveRoseville, CA 95678916-781-4299
Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project.

Sauers – Project Participate Appointee
Cindy Sauers, Electric Utility Director,463‐6286, [email protected] Transmission Agency of Northern California (TANC)
4th Wednesday of month, 10 a.m. 35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225Folsom, CA 95630916-852-1673; [email protected] Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements.

CraneSauers - Alternate
Cindi Sauers - Electric Utility Director;463-6286 [email protected]

STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Executive Committee 2nd Tue, every other month beginning in January; 5:00 p.m.

Ukiah Valley Conference Center,200 S. School Street Ukiah, CA Civic Center
300 Seminary Ave.Ukiah, CA 95482 [email protected]
Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher
Doug Hutchison, Fire Chief; 463-6263; [email protected] Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually
Ukiah Valley Conference Center,200 S. School Street Ukiah, CA City of UkiahATTN: City Clerk300 Seminary Ave.Ukiah, CA 95482707-463-6217 oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 [email protected] Lawler, City Clerk; 463-6217, [email protected] 6/23/2023

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COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 [email protected]
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Advance Planning & Policy for Sphere of
Influence (SOI), Municipal Service Review (MSR),
Annexation, Tax Sharing, Detachment, and Out
of Area Service Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the
Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current
Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463‐6220 [email protected]
Sean White, Water Resources Director
463‐5712 [email protected]
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Special Districts (Water District Consolidation) Orozco/Crane Shannon Riley, Deputy City Manager 467‐5793 [email protected]
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463‐6284 [email protected]
City/District Review of 2019/22 Proposed Fire
Code Crane/Orozco Doug Hutchison, Fire Chief
463‐6263 [email protected]
Mendocino County Courthouse Project and
Reuse Sher/Orozco Shannon Riley, Deputy City Manager
467‐5793 [email protected]
Climate Action Plan
Will coordinate with the Community Development
Director to identify and assign representation to each of the identified categories, and also coordinate with the Community Development Director and the Climate Action
Plan Working Group related to other outreach efforts
during the development of the draft municipal Climate
Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 [email protected]
City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467‐5793 [email protected]
2023 AD HOC COMMITTEES
8/4/2023

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