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1113 Amending the Official Zoning Map
ORDINANCE NO. 1113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a 8,237 square foot parcel located at 533 South Main Street (APN 002-311-19) from C1 (Community Commercial) to C1-PD (Community. Commercial-Planned Development Combining), as shown on Exhibit 1 -Page 1 of this Ordinance. SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to promote and provide opportunity for creative and reasonable infill development on the site with standards that will allow the division of the site into 3 lots, all smaller than typically allowed in the C1 zoning district. The site contains three structures and the subdivision would allow each structure to be located on an individual lot as shown on the Precise Development Plan, Exhibit 1 -Page 2 of this ordinance and subject to the Findings and Conditions of Approval shown on Exhibit 1 -Page 3 of this ordinance. SECTION THREE This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective upon the adoption of the Planned Development District Text Amendment establishing criteria for Planned Development Projects on less than'/ acre lots and recordation of the Parcel Map for the minor subdivision. SECTION FOUR This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on December 3, 2008 by the following roll call vote AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None Passed and adopted on December 17, 2008, by the following vote: AYES: Gouncilmembers Thomas, McCowen, Grane, and Mayo Baldwin ~4i%'~~/ n^ NOES: None ~ / k'''//I/Wh//%~"`-_-. ABSENT: Councilmember Rodin ABSTAIN: None Philip aldwin, Mayor ATT SZ;~ ~~nda ~ro , Ci Exhibit 1 Page 1 Clark -Planned Development Rezon'sng 1 ae.etaa SriW cz ac. v« `1 _ _~.~ - - - v.. _ ~ ~ Q 9 ~ ®,,,r ., p sii ~~ SO N 1, ~. I UKlAH CITY 3-rN Goe 56,7 ChvdwN haul 28 +~ T-...m I O I ::~;';= I - s I I i ~ T - A I In E S a f ®• I 3!2 i 1 I 1 u .I " a •f' ~ a. Inca 5 r~ Iye1 ~ _ /O , 11 ~ V 1 S I p. M MY ~l © ~ i6~)' Vl Wia ~ HM~iM~ !IV STPIFT x+81 6t3 Am!att~i MOp - SB mrrny elAinuydno, Gb/rf. Mwen, /94@ Rezone from C-1 (Community Commercial) To C-1 I P-b (Community Commercial I Planned Development) 3-3 Exhibit 1 Page 2 Tentative Subdivision Map /Precise Development Plan Clark Planned Development Project a a ~~~~ ~~~ ~~~~~ m ~~ a z •. ~tl ~~ 0 V ~~ ~O>3>5~~ 6g0 U Tu ~!~%pn~ 3- ¢ Exhibit 1 Page 3 Recommended Findings and Conditions of Approval Clark Planned Development FINDINGS: 1. The rezone of the subject property from C1 to C1 - PD and the establishment of a mixed-use residential/commercial planned development on the site are consistent with the goals and policies of the C (Commercial) General Plan land use classification, the purpose and intent of the C1 Zoning District, and with the purpose and intent of the PD Combining Zone, which provides greater flexibility and design opportunities for such projects; 2. There is sufficient variety, creativity, and articulation in the architecture of the existing residential and commercial buildings to avoid monotony or any box-like external appearance and the buildings and surrounding grounds will generally be consistent with the design and scale of similar developments in the surrounding neighborhood; 3. The location, size, and intensity of the existing structures, adjoining parking areas and access driveways will not create hazardous or inconvenient impacts to existing vehicular traffic patterns since these facilities are already developed and in use and will not cause substantial traffic volume increases or alter existing traffic patterns in a substantial manner; 4. The subject property is already developed with adequate accessible off-street parking areas that are located on the proposed lots, limiting the potential for hazardous or inconvenient conditions to adjacent surrounding uses; 5. The location, size, and intensity of the project will not create hazardous or inconvenient impacts to pedestrian traffic since it will utilize an existing pattern of sidewalks in the immediate area. 6. Sufficient landscaped areas and open spaces have already been developed and will be retained for purposes of separating or screening the structures on each site from each other and from adjoining properties; 7. The existing structures that will be retained on the site will nok cut out light or air on the property since they are set back far enough from abutting buildings on the-site or on abutting:,properties to limit adverse shading patterns on those lots; 8. The planned development will utilize existing buildings and will not cause excessive damage to or destruction of natural features on the site since no additional development is proposed; 9. The development of this property with the planned development will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district since the proposed planned project will utilize existing buildings that are compatible with surrounding development and accepted in the surrounding neighborhood; EXHIBIT 1 Page 4 10. The proposed planned development project will utilize existing structures and infrastructure that is already compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the project entails no increases in the development density of the site, is self- contained, and developed in a manner that is consistent with the surrounding land uses. 11. The design of the project has considered the impact and needs of the user in respect to circulation, parking, traffic, utilities, public services, noise and odor, privacy, private and common open spaces, trash collection, security and crime deterrence, energy consumption, and other design concerns. 12. The location of the buildings and structures respect the natural terrain of the site and are functionally integrated with the natural features of the landscape. 13. All the structures on the site are be harmonious and consistent in terms of the architectural style, roofing, exterior materials, windows, doors, textures, colors, and other exterior treatments. 14. The overall design of the project is integrated and compatible with the neighborhood and is in harmony with the scale and bulk of the surrounding built environment. 15. The development of the planned development project is not exempt from the provisions of the California Environmental Quality Act, but an Initial Study done in accordance with CEQA identified no unmitigatable significant adverse environmental impacts and a Mitigated Negative Declaration has been prepared for the project. RECOMMENDED CONDITIONS OF APPROVAL: Standard Conditions 1. All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned Development approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. 2. In addition to any particular condition, which might be 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. 3. Applicant shall be required to obtain any permit or apprdval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. 4. The approved Precise Development Plan for the Planned Development may be revoked through the City's revocation process if the approved project related to the development plan is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. 5. Except as otherwise specifically noted, the Precise Development Plan for the Planned Development shall be granted only for the specific purposes stated in the action approving the development plan and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. EXHIBIT 1 Page 5 Public Works -Water and Sewer Conditions 6. Each lot created by the subdivision shall have separate and individual water and sewer service. The duplex that was recently constructed has two water meters, but there is only one sewer lateral that serves the two units. Anew sewer lateral is required for proposed Parcel 2 and shall be constructed prior to the recordation of the Parcel Map. 7. The existing water service for proposed Parcel 2 crosses over proposed Parcel 1. The parcel Map filed for recordation shall include an easement for that utility. 8. The sewer lateral that serves the existing structure on proposed Parcel 1 shall be video inspected and water pressure tested in compliance with City of Ukiah Ordinance No. 1105 prior to recordation of the Parcel Map. If the sewer lateral fails the required water pressure test, the sewer lateral shall be repaired or replaced to the satisfaction of the Public Works department and re-tested until a passing test is achieved. Public Works -Additional Conditions 9. Prior to the recordation of the Parcel Map, the applicant shall pay the required in-lieu park development fees pursuant to Ukiah City Code Section 8400 et seq. 10. The drain pipe from the office building parking lot on proposed Parcel 1 crosses the corner of proposed Parcel 2. The parcel map submitted for recordation shall include a private storm drain easement over Parcel 2 for the benefit of Parcel 1. If access to Parcel 2 crosses Parcel 3, an access easement must be created over Parcel 3 and shown on the Parcel Map submitted for recordation. Building Division Conditions 11. A one-hour firewall is required between the residential units at the property line between Parcels 2 and 3, and shall extend from the foundation through to the attic. 12. A parapet wall may be required at the property line between Parcels 2 and 3 or one of the exceptions to Section 704.11 in the 2007 California Building Code. 13. No utilities shall pass from one building to another. 14. Recordation of the Parcel Map shall be contingent upon, and shall not occur prior to City Council approval of the Planned Development zoning text modification and City Council approval of the Planned Development Rezoning, and contingent upon all legal timeframes associated with these actions.