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Home My WebLink About2008-31 Approving Tentative Subdivision Map No. 07-35RESOLUTION NO. 2008-31 RESOLUTION OF THE CITY COUNCIL OF UKIAH APPROVING TENTATIVE SUBDIVISION MAP NO. 07-35, SUBDIVISION EXCEPTIONS AND VARIANCE APPLICATION 08-09 WHEREAS, the Ukiah Planning Commission on July 23, 2008, conducted and recommended approval of Tentative Subdivision Map No. 07-35, subdivision exceptions for some lot widths, and variance application 08-09 for some yard setbacks as submitted by the Alice Evans Trust based on specific findings; and WHEREAS, a Mitigated Negative Declaration was found adequate and complete by the Planning Commission; and WHEREAS, the Director of Public Works/City Engineer reports that the subdivision is consistent with applicable requirements of the Ukiah Subdivision Ordinance except for lot widths; and WHEREAS, the Public Works Director reviewed the requested subdivision exceptions for some lot widths and found them minor and therefore recommends approval of the project based on specific findings; and NOW, THEREFORE, BE IT RESOLVED THAT Tentative Subdivision Map No. 07-35 (Attached Exhibit A), Subdivision Exceptions for some lot widths, and Variance application 08-09 for the Alice Evans Trust are approved based upon the following findings and subject to all applicable State Statutes, local ordinances, and the following Planning Commission recommended conditions of approval: Findings for Variance Application 08-09 to allow relief from front and side yard setbacks within the R-1 zoning district for proposed parcels 1,2,6 and 7: 1. The proposed project site currently contains four dwelling units that have been there for over 40 years therefore the applicant would like to accommodate the existing units with the proposed subdivision. Staff found that the existing dwellings created prior to current zoning setbacks are unique to this property and the strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the vicinity within the R-1 Zone. 2. The approval of these variances from front and side yard setbacks would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations because many other existing lots in the neighborhood have structures that are not conforming to the existing setbacks requirements. 3. The granting of the variances from front and sideyard setbacks requirements would not be detrimental to the surrounding properties because these dwellings have been at this location for many years and are an established part of the neighborhood. The structures and their locations on the developed portion of the lot will not change. Additionally no surrounding property owners have expressed concerns. Findings for Subdivision Exceptions to allow relief from minimum lot widths for proposed Parcels 1,2,3,4,5 and 7: 1. The granting of Exception is warranted because of the special circumstances of this lot; the four existing dwellings were developed at a time when the minimum lot width was 50 feet and the dwellings have been in use ever since. Furthermore it is necessary to create lots in such a way that accommodate the existing dwellings. 2. The approval of the subdivision with exceptions is necessary for the preservation and enjoyment of a substantial property right of the property owners, because it will allow them to fully utilize the development potential of the project site and to accommodate the existing homes that have been established for over 40 years. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the surrounding area because a portion of the lot is already developed and is an established part of the existing neighborhood. Furthermore the newly created Tots will be consistent in size and shape to the other existing lots on Cresta Drive. Findings for Major Subdivision Map No. 07-35: 1. The division of the lot into seven parcels is consistent with the requirements outlined for major subdivisions in the California Subdivision Map Act; 2. The division of the lot in to seven parcels is consistent with the Ukiah General Plan goals and policies and specifically the Low Density Residential ( LDR) designation of the project site. 3. The proposed subdivision complies with the Ukiah Subdivision Ordinance requirements for Type 1 Subdivisions, because the Subdivision is a residential use subdivision constructed on natural ground of average gradient less than fifteen percent (15%) and having lots from six thousand (6,000) to ten thousand (10,000) square feet. 4. The division of the existing lot into seven parcels, with the approved setback variances and approved lot width exceptions is consistent with the development standards within the R-1 Zoning District. 5. The division of the existing property in to seven parcel will cause no significant adverse environmental effects, as determined by the Negative Declaration and Initial Study prepared for the project; 6. The proposed subdivision is compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the lot already contains four residential dwelling units and is surrounded by residential uses. Conditions of Approval: The following Conditions of Approval shall be made a permanent part of Major Subdivision 07-35 and Variance 08-09, and shall remain in force regardless of property ownership, and shall be timely implemented and maintained for the life of the project in order for this entitlement to remain valid: Standard Conditions: 1. A final Subdivision Map shall be prepared and submitted to the City Engineer for review and approval, and recordation in ma manner consistent with the Ukiah Municipal Code requirements. 2. This approval is not effective until the 10 day appeal period applicable to this Use Permit has been exceeded, and any timely filed appeal has been decided in favor of the granting of this Permit. 3. This approval shall be null and void unless the California Environmental Quality AcUFish and Game filing fee of $1926.50 payable to Mendocino County is filed with the City of Ukiah Planning and Community Development Department within five (5) days of this approval. 4. No Permit or entitlement shall be deemed effective unless and until all fees and charges applicable to the application and Conditions of Approval have been paid in full. 5. The Tentative Map shall expire 24 months from the date of its approval or conditional approval unless extended in accordance with the City of Ukiah Subdivision Ordinance and the Subdivision Map Act. 6. Any work, improvement, expenses or other encumbrance incurred by the applicant, owner or other party in reliance upon any entitlement, approval or permit which has not been granted, issued or approved is at your own risk. 7. All Conditions of Approval for this project shall be provided to all contractors and persons working on the project. Conditions of Approval shall be prominently displayed on all sets of plans for all ministerial permits required to develop the property, including building permits and permits for grading or site preparation. 8. In addition to any other condition imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. Site Specific Conditions: 9. Exterior lighting shall be shown on the Building Plans for construction of dwellings on the new lots and shall be the minimum necessary for security, and full cut-off, hooded, and down-cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. 10. All grading shall comply with Mendocino County Air Quality Management District Rule 1-430, Fugitive Dust Emissions. 11. All activities involving site preparation, excavation, filling, grading, road construction, and building construction institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 12. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 13. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 14. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. If during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted and City Planning Department Staff shall be notified immediately of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and if deemed necessary to develop a precise mitigation program approved by the City prior to the continuation of any site work. 15. Standard dust suppression methods should be used during grading and site preparation. 16. Each lot created by this subdivision shall have separate and individual water and sewer services. Water and sewer laterals for the proposed undeveloped lots shall be constructed prior to recordation of the Final Map. 17. Prior to recordation of the Final Map all sewer laterals serving the developed lots 1, 2, 6 and 7 shall be pressure tested in compliance with City of Ukiah's sewer lateral testing standards. All sewer laterals that fail this required test shall be repaired and or replace and retested until the lateral passes the required test. This testing, repair and or replacement shall be performed prior to the recordation of the Final Map. 18. Sewer connection fees are not imposed as a part of the subdivision, however any development that occurs i.e. new construction will be subject to sewer connection fees. 19. The existing fire hydrant will be required to be relocated to the new sidewalk area. This hydrant shall be upgraded if required by the City of Ukiah Fire Department. 20. Hours of construction shall be Limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Friday unless additional hours of construction are specified by this approval, or are reviewed and approved by the Planning Director. 21. The fire hydrant along Cresta Dr. must be upgraded as part of this project. Currently it is a single outlet, wharf head type and it must be upgraded to a type 76 style in accordance with Ukiah Water Department specifications. 22. The proposed subdivision is subject to payment of park fees pursuant to City Code Section 8400 et seq. Park fees shall be paid prior to recording of the Final Map. Based on park fees paid in 2007 this amount could be in excess of $10,000 per single family dwelling. 23. Applicant should note that preliminary improvement plans have been previously prepared by Paoli Engineering and submitted for review for MS 01-26, but the plans were not completed to the satisfaction of the City Engineer, and the tentative map has since expired. 24. Street frontage improvements along Cresta Drive and Wabash Avenue shall be constructed in accordance with improvement plans prepared by a Registered Civil Engineer and approved by the City Engineer prior to the recordation of the Final Map. These improvements shall include, but are not limited to, curb, gutter, ADA compliant sidewalk, pavement widening, and additional improvements as needed to conform to existing conddions. The applicant shall be responsible for removing existing trees and the relocation or replacement of utildies, including utility poles and a fire hydrant, as necessary to accommodate the construction of the street frontage improvements. Construction of frontage improvements along undeveloped lots may be deferred until such time as development is proposed for those lots. 25. All areas of on-site circulation shall be paved with a minimum of 2 inches of AC on 6 inches base, or as approved by the City Engineer. This inGudes existing and proposed driveways and parfcing areas. 26. At all driveway approaches, an ADA compliant sidewalk shall be provided. A handicap ramp shall be provided at the northeast corner of Cresta Drive and Wabash Avenue. Sidewalk and utility easements shall be dedicated to the City where necessary. 27. The applicant shall incorporate into the landscaping plan street trees spaced approximately every 30' that are within 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard Drawing No 601. Tree types shall be approved by the City Engineer. 28. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs. 29. Fees associated with the electrical utilities extended to the new parcels and the replacement of power poles along Cresta Drive would be the responsibility of the owner/developer. 30. New electrical services that will feed new dwellings on Lots 3, 4, and 5 shall be underground per City of Ukiah regulations PASSED AND ADOPTED on September 3, 2008, by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None Douglas .Crane, Mayor ~~/i. 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