HomeMy WebLinkAbout1125 HillsideORDINANCE NO. 1125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9,
CHAPTER 2 (ZONING), ARTICLE 11 OF THE UKIAH MUNICIPAL CODE
WHEREAS, the Planning Commission held a noticed public hearing on May 26 and June 9,
2010 after giving notice of said hearing, in the manner, for the period, and in the form required
by the Ukiah Municipal Code and California Government Code Sections 65090 and 65091 to
consider the staff proposed text amendments to Division 9, Chapter 2 (Zoning), Article 11:
Regulations in Hillside Lot Size (-H) Districts and after receiving testimony, considering the staff
report, and due deliberation, the Planning Commission formulated a unanimous (5-0)
recommendation to the City Council to approve the text amendments;
WHEREAS, the proposed amendments are exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308, Class 8,
Actions by Regulatory Agencies for Protection of the Environment and Section 15061(b)(3) the
general rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment; and
WHEREAS, the City Council held a public hearing on the proposed project on June 16, 2010
after giving notice of said hearing, in the manner, for the period, and in the form required by the
Ukiah Municipal Code and California Government Code Section 65090, and received testimony,
considered the staff report, and deliberated on the zoning ordinance text amendments; and
The City Council of the City of Ukiah does hereby ordain as follows:
SECTION ONE
Pursuant to the procedures set forth in Ukiah Municipal Code Section 9265, the text of
Division 9, Chapter 2, Article 11 is amended as follows:
1. Title of Article 11 revised to delete "Lot Size" and read "Regulations in the Hillside
District;"
2. Section 9135:Hillside Lot Size of (-H) Districts to delete "Lot Size or" in section title and
references to the requirements of section 9136 and "Lot Size" in text;
3. Section 9135.5: Definitions added with definitions of average parcel slope, defensible
space, grading, natural grade, and natural state;
4. Section 9135.6: Maintenance added;
5. Section 9136: Yard and Building Site Requirements in Designated (-H) Districts
repealed;
6. Section 9137: Front Setback Lines revised by replacing reference to section 9136 with
section 9139(A2) and deleting "Lot Size" and reference to section 9136;
7. Section 9138: Exceptions to Front Setbacks Lines to delete reference to sections 9035
and 9050;
8. Section 9139(A1): Hillside Development Standards revised to read 'average "parcel"
slope,' to include "greater than" in average parcel slope column', "Minimum" added in
Natural State column, and revised percentages of required natural state; and
9. Section 9139(A1 a): Calculating Natural State added
as shown in Exhibit A attached hereto.
SECTION TWO
The amendment to Division 9, Chapter 2, Article 11 is consistent with and will implement
City of Ukiah General Plan Rural Residential Land Use, Open Space and Conservation, and
Community Design goals and policies.
SECTION THREE
The amendments are exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15308, Class 8, Actions by Regulatory
Agencies for Protection of Environment which exempts actions taken by regulatory agencies, as
authorized by local ordinance, to assure maintenance, restoration, enhancement, or protection
of the environment where the regulatory process involves procedures for the protection of the
environment based on the following:
1. The proposed amendments will implement the general plan goals and policies related to
fire safety, slope, hillside development, grading, preservation and retention of native
vegetation, all of which are related to the protection of the environment.
2. The proposed amendments are consistent with and will implement the purposes of the
Hillside Ordinance, which are related to the protection of the environment.
3. The proposed amendments define critical terms related to the protection of the
environment.
4. The proposed amendments clarify how compliance with the zoning standards of -H
parcels will be determined.
5. The amendments do not allow for any additional development in the -H district. The
amendments allow for development that is consistent with the density, uses, siting of
development, and lot size considerations identified in the General Plan.
6. The zoning ordinance requires a use permit for development of parcels zoned -H when
the slope of any portion of the site exceeds 15%.
7. Proposed development will continue to be subject to discretionary review, such as a use
permit and/or subdivision map.
The amendments are also exempt from the provision of CEQA pursuant to Section
15061(b)(3), the General Rule, that CEQA applies only to projects which have the potential for
causing a significant effect on the environment.
SECTION FOUR
This ordinance shall be published as required by law in a newspaper of general
circulation in the City of Ukiah.
SECTION FIVE
This ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on June 16, 2010 by the following roll call vote:
AYES:
Councilmember Landis, Crane, Rodin, Baldwin and Mayor Thomas
NOES:
None
ABSENT:
None
ABSTAIN:
None
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Passed and adopted on July 7, 2010 by the following roll call vote:
AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas
NOES: None
ABSENT: None
ABSTAIN: None
Benj Thomas, Mayor
ATTEST:
J anne Currie, City Clerk
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x i i-r
Article II
Regulations in the Hillside District
9135: HILLSIDE -H DISTRICT:
A Hillside (-H) District may be combined with any district or portion of a district defined in this Chapter.
The regulations contained in this Article, and the regulations governing any district which is combined with
a Hillside (-H) District where not inconsistent with the regulations set forth in this Article, shall apply in the
Hillside (-H) District. The purpose of this Section is to implement the Hillside designation of the General
Plan and provide site standards to promote fire and geologic safety, and aesthetic qualities. The intent of
this District is to:
A. Encourage concentration of dwellings and other structures by clustering and/or high rise to help save
larger areas of open space and preserve the natural terrain;
B. Encourage the planning, design, and development of building sites in such a fashion as to provide
the maximum in safety and human enjoyment while adapting development to, and taking advantage
of, the best use of the natural terrain;
C. Prohibit, insofar as is feasible and reasonable, padding or filling of building sites in the hillside areas;
D. Ensure underground installation of utility wires and television lines;
E. Preserve outstanding natural physical features, such as the highest crest of a hill, natural rock
outcroppings, major tree belts, etc;
F. Minimize grading and cut and fill operations consistent with the retention of the natural character of
hill areas;
G. Minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet on-
site and off-site development needs;
H. Achieve land use densities that are in keeping with the General Plan; densities will decrease as the
slope of the terrain increases in order to retain the significant natural feature of the hill areas. (Ord. 793,
§2, adopted 1982)
9135.5: DEFINITIONS:
For the purpose of this article, the phrases and terms herein shall have the following meanings.
Average Parcel Slope: Average slope shall be determined by the formula:
S=IxLx.00229
A
In which: S=average slope
1=contour interval in feet
L=combined length in feet of all contours on the parcel
A=parcel in acres
Defensible Space: As defined by the State of California Department of Forestry and Fire Protection.
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Grading: Excavation or fill of material, including the conditions resulting therefrom.
Natural Grade: The natural contour of the land as it existed prior to human disturbance, such as grading,
filling, or excavation; or where the natural grade has been modified, the grade existing on the effective
date of the first hillside ordinance.
Natural State: Land in natural or undisturbed or unaltered state, including maintenance of natural
grades, drainage patterns, rock outcroppings, and native trees and vegetation, excluding vegetation
modification required by the state of California Department of Forestry and Fire Protection for defensible
space unless the native vegetation in these areas is maintained and the vegetation planted is native or in
the case of the area defined as Defensible Space by the State of California Department of Forestry and
Fire Protection planted consistent with landscaping standards for defensible space. The intent is to retain
the maximum amount of native vegetation and landscaping feasible while meeting fire protection
requirements.
9135.6: MAINTENANCE:
Maintenance is allowed on developed and undeveloped parcels that includes but is not limited to the
following:
A. Maintenance of fire breaks when the natural grade is maintained;
B. Maintenance of fire access/roads when the natural grade is maintained;
C. Cutting/removal of weeds, grasses, and shrubs;
D. Pruning/removal of non-native trees; and/or
E. Pruning/trimming of native trees.
The above types of maintenance may exceed the minimum amount of defensible space required by the
State of California Department of Forestry and Fire Protection.
9136: YARD AND BUILDING SITE REQUIREMENTS IN DESIGNATED -H DISTRICTS: Repealed
9137: FRONT SETBACK LINES:
In the Hillside (-H) District, no building construction shall be permitted or allowed at any distance closer to
the street right-of-way line along any adjacent street than the distances set forth in §9139(A2) for
minimum front yards. Corner lots shall be considered as having a front setback on both adjacent street
frontages. (Ord. 793, §2, adopted 1982)
9138: EXCEPTIONS TO FRONT SETBACK LINES:
The exceptions to the front setback requirement set forth in §9020 shall not apply in the -H District. (Ord.
793, §2, adopted 1982)
9139: HILLSIDE DEVELOPMENT STANDARDS:
Any parcel of land or subdivision having an average ground gradient across any portion of the property in
excess of fifteen percent (15%) shall require a use permit for development. Specific criteria for density,
circulation and lot requirements shall be determined on an individual basis utilizing geologic and soils
reports, vegetation surveys and aesthetic evaluation. Minimum lot size in this zone shall be ten thousand
(10,000) square feet.
A. Minimum Site and Development Standards:
1. Lot size, retention of land in natural state based upon average parcel slope.
DEVELOPM
ENT STANDARDS
A
P
l Sl
verage
arce
ope
N
Minimum Lot Size
Minimum % of Property to be
Retained in Natural State
15% to 20%
10,000 square feet
40%
Greater than 20% to 25%
20,000 square feet
50%
Greater than 25% to 30%
1 acre
75%
Greater than 30% to 50%
5 acres
85%
10 acres
Maximum amount possible in order to
allow one dwelling unit and
associated improvements (road,
driveway, utilities) needed to serve the
dwelling and comply with State of
Greater than 50%
California Department of Forestry and
Fire Protection requirements.
Accessory dwellings are prohibited.
Use Permit process will determine the
location of the dwelling and
associated improvements.
a. Calculating Natural State. The minimum amount of the parcel to be retained in natural
state shall be based on the gross area of the parcel and calculated by multiplying the
gross area of the parcel by the minimum percentage to be retained in natural state,
except as allowed by the following:
1) When previously graded or disturbed areas (such as road, driveway, grading,
building site) existing prior to the adoption of the first hillside ordinance are used
as part of the proposed development or redevelopment of the site, they shall be
included in the gross square footage of the parcel used to calculate the minimum
percentage of the parcel required to be retained in natural state. This section
shall apply when the project results in the reuse of an area(s) previously graded
or disturbed.
2) When previously graded or disturbed areas (such as road, driveway, building
site) existing prior to the adoption of the first hillside ordinance are not used as
part of the development or redevelopment of the site, they shall not be included
in the gross square footage of the parcel used to calculate the minimum
percentage of the parcel required to be retained in natural state. This section
shall apply when the project results in an increase in the grading/disturbance of
the parcel.
3) Additional areas that are blended and/or contoured as part of the development
proposal in order to simulate the natural grade and/or contour of the site prior to
the development and are planted with native vegetation, or in the case of areas
required to be maintained as Defensible Space by the State of California
Department of Forestry and Fire Protection consistent with the DOF landscaping
requirements for Defensible Space may also be included as natural state when
approved by the decision making authority as part of their review of a
discretionary application.
Plans shall be submitted as part of the discretionary application that demonstrate
how the grade/contour will approximate the natural state, how this will
accomplished, and the trees and vegetation that will be planted.
2. Setbacks: Minimum thirty feet (30') from all property lines, and thirty feet (30') from ridge top or toe
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of slope for gradient in excess of fifteen percent (15%).
3. Disclosure: Property purchase/sale transaction shall include full disclosure of fact that property is
within fire hazard area.
4. Building Material: No combustible roof material as determined by the Fire Marshal and the Building
Official shall be used on buildings in this zone.
5. Water Supply and Fire Hydrants: The following shall be required:
a. Slopes of twenty percent and less: Two (2) hours supply with fire flow capability of seven
hundred fifty (750) gallons per minute at twenty (20) p.s.i. Fire hydrants maximum three hundred
thirty feet (330') apart with six inch (6") main line.
b. Slopes in excess of twenty percent: Two (2) hour supply with fire flow capability of five hundred
(500) gallons per minute at twenty (20) p.s.i. Fire hydrants maximum six hundred sixty feet (660')
apart with six inch (6") main line.
6. Subdivisions: in subdivision developments with full width City streets, proposed fire breaks or other
separations from wildland areas may have other requirements based upon specific design.
B. Use Permit Procedure: Prior to any construction or grading in this district, a use permit shall be
approved by the Planning Commission. The application form and process shall be the same as that
described in §9225-9239.
Additional information or data may be required as determined necessary by the Director of Planning.
The following reports shall be required with each application.
C. Soil Reports:
1. A soils engineering report shall include data regarding the nature, distribution and strength of
existing soils, conclusions and recommendations for grading procedures, design criteria for corrective
measures and opinions and recommendations covering the adequacy of sites to be developed.
2. The investigation and subsequent report shall be completed by a professional engineer registered
in the State of California, and experienced and knowledgeable in the practice of soils mechanics.
3. Recommendations included in the report and approved by the engineer shall be incorporated into
the design plan or specifications.
4. Any area which presents one or more of the following limiting factors shall not be subjected to
development unless the engineer can demonstrate conclusively to the Commission that these
limitations can be overcome in such a manner as to prevent hazard to life, hazard to property,
adverse effects on the safety, use or stability of a public way or drainage channel and adverse impact
on the natural environment.
a. Water table within six feet (6') of the surface at any time of the year.
b. Soils with a high shrink-swell potential.
c. Soils with a unified classification of unstable soil types.
D. Geology Reports:
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1. A geology report shall include a description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposed development, and
opinions and recommendations covering the adequacy of sites to be developed.
2. The investigation and subsequent report shall be completed by a professional geologist registered
in the State of California and experienced and knowledgeable in the practice of engineering geology.
3. Any area which the investigation indicates has geological hazards shall not be subjected to
development unless the geologist can demonstrate conclusively to the Commission that these
hazards can be overcome in such a manner as to prevent hazard to life or limb, hazard to property,
adverse effects on the safety, use or stability of a public way or drainage channel, and adverse
impact on the natural environment.
E. Subsurface Investigations: For both soil and geologic reports, subsurface investigation shall be
performed throughout the area to sufficiently describe the existing conditions.
In particular, subsurface investigations shall be conducted where stability will be lessened by
proposed grading or filling or where any of the following conditions are discovered or proposed:
1. Fault zones, where past land movement is evidenced by the presence of a fault gorge;
2. Contact zones between two (2) or more geologic formations;
3. Zones of trapped water or high water table;
4. Bodies of intrusive materials;
5. Historic landslides or where the topography is indicative of prehistoric landslides;
6. Adversely sloped bedding plains, short range folding, overturned folds and other geologic
formations of similar importance;
7. Locations where a fill slope is to be placed above a cut slope;
8. Proposed cuts exceeding twenty feet (20') in height, unless in extremely competent rock;
9. Locations of proposed fills exceeding twenty feet (20') in height;
10. Where side hill fills are to be placed on existing slopes steeper than sixteen percent (16%);
11. Wherever groundwater from either the grading project or adjoining properties is likely to
substantially reduce the subsurface stability.
F. Hydrology Report:
1. A hydrology report shall include a description of the hydrology of the site, conclusions and
recommendations regarding the effect of hydrologic conditions on the proposed development, and
opinions and recommendations covering the adequacy of sites to be developed.
2. The investigation and subsequent report shall be completed by a qualified registered professional,
experienced and knowledgeable in the science of hydrology and in the techniques of hydrologic
investigation.
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3. Any area which the investigation indicates has hydrological hazards shall not be subject to
development unless the professional can demonstrate conclusively to the Commission that these
hazards can be overcome in such a manner as to prevent hazard to life or limb, hazard to property,
adverse effects on the safety, use or stability of a public way or drainage channel, and adverse
impact on the natural environment.
4. Flood frequency curves shall be provided for the area proposed for development.
G. Vegetation Report:
1. A vegetation report shall include a description of the vegetation environment of the site (species,
height, size, general condition, location), conclusions and recommendations regarding the effect of
proposed development on the site's vegetation, and opinions and recommendations covering the
adequacy of sites to be developed.
2. The investigation and subsequent report shall be completed by a qualified registered professional,
experienced and knowledgeable in the science of botany and in the techniques of vegetation
investigation.
3. Any area which the investigation indicates has rare or endangered flora species shall not be
subjected to development unless the professional can demonstrate conclusively to the Commission
that these can be mitigated.
H. Structure Elevations: Views of all sides of proposed structures and perspectives of the proposed
development from two (2) different angles.
1. Grading Plan: The grading plan shall include information concerning the existing physical
characteristics of the area as well as data on anticipated changes as a result of the grading operation.
It will also include a description of the grading process itself which will note times and exact location
of proposed earth-moving activities. The plan shall include:
1. An accurate plot plan showing buildings, roads, utilities or other improvements within the area and
adjacent thereto.
2. A map drawn to a scale approved by the Planning Department showing accurate contours at two
foot (2') intervals of the topography of the property and the area adjacent within fifteen feet (16).
Elevations to be based on USGS data.
3. Cross-section showing both the original and proposed ground surfaces, with grades, slopes and
elevation noted.
4. Detailed plans of all drainage devices, walls, cribbing, dams or other protective devices to be
constructed in connection or as part of the proposed work.
5. A map showing the drainage area and estimated runoff of the area served by any drains and
proposed methods of runoff disposal.
6. A soil stabilization report including final ground cover, landscaping and erosion control measures to
prevent soil loss when the grading is in process.
7. A description of equipment and methods to be employed in processing and disposing of soil and
other material that is removed from the grading site, including the location of disposal sites.
8. A schedule showing when each stage of the project will be completed, including estimated starting
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and completion dates, hours of operation and days of week of operation.
9. Specifications controlling construction methods and materials in construction of the work, including:
a. Provisions for control of grading operations within the construction area and on public roads.
b. Safety precautions to be observed and facilities to be provided.
c. Compliance with laws and local regulations.
d. Control of dust.
e. Other related matters. (Ord. 793,§2, adopted 1982)
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