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HomeMy WebLinkAbout1155 Amending Zoning Map for the City of Ukiah ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH , CALIFORNIA SECTION ONE Pursuant to the procedures set forth in the Ukiah Municipal Code sections 9167 and 9168 , the Official Zoning Map for the City of Ukiah is amended to change the zoning of the parcels located at 123 , 1257 127 , and 129 Ford Street (APNs 002- 121 -20 , 21 , 22 , and 23) from Orrs Creek Neighborhood Planned Development/High Density Residential ( PD- R3) to Orrs Creek Homes Planned Development/High Density Residential (PD-R3) . SECTION TWO The rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to allow a new precise development plan for the parcels located at 123 , 125 , 127 , and 129 Ford Street . The rezoning action includes the Orrs Creek Homes Precise Development Plan and PD zoning regulations (" Project") and will allow development of one single-family home on each of the four vacant parcels . The Orrs Creek Homes precise development plan and PD zoning regulations will supersede the Orrs Creek Neighborhood precise development plan for 123 , 125 , 127 , and 129 Ford Street approved by Ordinance 1092 . The parcel located at 137 Ford Street which was also part of the rezoning action approved by Ordinance 1092 is unaffected by this rezoning action and continues to be subject to the applicable conditions of approval included in Ordinance 1092 . SECTION THREE The Planned Development rezoning includes the Orrs Creek Homes precise development plan , attached hereto as Exhibit A, and the Orrs Creek Homes PD zoning regulations , attached hereto as Exhibit B , which are the development plans and zoning regulations for the Project . SECTION FOUR Planning Department staff prepared an initial environmental study ( IS) in order to evaluate the potential impacts that could result from the Project. The IS identified potential impacts to aesthetics , air quality , biological resources , cultural resources , geology and soils , hydrology and water quality , land use and planning , and noise . As part of the IS , mitigation measures were identified that would reduce the impacts to less than significant levels ; therefore , a mitigated negative declaration ( MND) was prepared for the Project . The Project proponent has agreed to the mitigation measures included IS and MND . SECTION FIVE The Planning Commission held a duly noticed public hearing on October 22 after giving notice of said hearing in the manner, for the period , and in the form required by the Ukiah City Code and Government Code sections 65090 and 65091 to consider the Mitigated Negative for the Orrs Creek Homes Planned Development Rezoning with precise development plan and PD zoning regulations . At the meeting , the Planning Commission received public comment, discussed the initial environmental study , requested additional information be included in the hydrology and water quality section of the IS , and continued the item to the November 12 , 2014 Planning Commission meeting . Page 1 of 7 At the November 12 , 2014 meeting , the Planning Commission continued the public hearing , considered the addendum to the IS prepared by staff and after due deliberation , the Planning Commission voted 5-0 to recommend the City Council adopt the mitigated negative declaration for the Orrs Creek Homes Planned Development Rezoning and Precise Development Plan with Planned Development Zoning Regulations . SECTION SIX At the November 12 , 2014 public hearing , the Planning Commission conducted a public hearing to consider the Orrs Creek Homes Planned Development Rezoning and Precise Development Plan with Planned Development Zoning Regulations . After receiving public testimony, considering the staff report , and due deliberation , the Planning Commission voted 3-2 to recommend the City Council approve the Orrs Creek Homes Planned Development Rezoning and Precise Development Plan with Planned Development zoning regulations . SECTION SEVEN The Orrs Creek Homes Rezoning and Precise Development Plan mitigated negative declaration is hereby adopted , based on the findings attached hereto as Exhibit C . SECTION EIGHT The precise development plan for the Orrs Creek Homes Planned Development, as required by Ukiah Municipal Code section 9167 ( E) , and attached hereto as Exhibit A, is approved . SECTION NINE The PD zoning regulations for the Orrs Creek Homes Planned Development , attached hereto as Exhibit B, required by Ukiah Municipal Code section 9167 ( D) (3) and 9167 ( E) ( 1 ) supersede the R3 zoning regulations and are hereby approved . SECTION TEN The approval of the precise development plan attached hereto as Exhibit A and the PD zoning regulations attached hereto as Exhibit B shall also be subject to the specific conditions of approval attached hereto as Exhibit D which incorporate by reference the mitigation measures identified in the Orrs Creek Homes Planned Development Rezoning and Precise Development Plan initial environmental study and mitigated negative declaration which have been agreed to by the project proponent. SECTION ELEVEN Based on the analysis and conclusions contained in the Initial Environmental Study, the City Council concluded that the proposed Project would not have a significant effect on the environment and adopted a Mitigated Negative Declaration . SECTION TWELVE The approval of the proposed Project is based on the following findings : 1 . The Project , as conditioned , is consistent with the General Plan as described in the General Plan section of the staff report , including Table 1 . 2 . The Project, as conditioned , is consistent with the findings required for adoption of an ordinance establishing a Planned Development Combining Zone prescribed in Ukiah City Code section 9168 (C) based on the following : Page 2 of 7 A . General Plan : The Project is consistent with general plan as described in the General Plan section of the staff report, including Table 1 . B . Purpose and Intent of the Planned Development Combing Zone District: The previous PD approved in 2007 included a precise development plan for the development of each of the four parcels with one townhome with second unit and garage . This application would amend the previous PD with a new precise development plan and PD zoning regulations specific to the development. The proposed Project would increase the supply of housing in Ukiah by constructing four (4) new single-family homes . The Project is required to construct frontage improvements , including curb , gutter, sidewalk, and street trees which provide an amenity to the neighborhood . The Project through the precise development plan and PD zoning regulations includes the preservation and protection of healthy , native trees located on Lot 1 and protection of Orrs Creek which provides habitat for the threatened steelhead trout ; thereby preserving the natural environment. In addition , mitigation measures and conditions of approval were developed in consultation with CDFW and Public Works in order to ensure protection of these resources . The Project utilizes each parcel efficiently by constructing new 3- bedroom , 2 1/ - bath homes with usable yard space , storage space in the garage , and onsite parking on smaller parcels . The reduction in the front yard , side yard , and garage setbacks and use of tandem parking and use of two-stories provides a reasonable house size and the smaller lots and may reduce the overall cost to home buyers due to the smaller land area . Prior to the submittal of this application for the establishment of a new precise development plan for the four vacant parcels , several parties had contacted the planning department to determine the process and fees associated with development of the precise development plan approved in 2007 . None of these parties moved forward with the 2007 precise development plan . The applicant for this project has determined that the most marketable project for the parcels is development of the parcels with single-family homes as shown in the proposed precise development plan and has estimated the sales price of the homes at $285 , 000 to $300 , 000 . Given that the 2007 approved precise development plan has not been constructed in the 7 years since its approval , the proposed precise development plan would allow economic use of the land by creating a new precise development plan for the land that responds better to current market demand . The Project is consistent with the criteria for evaluating the consistency of precise development plans with the purpose and intent of the Planned Development combining district identified in zoning ordinance section 9167 ( F) as described in #2 below. C . Complements and Compatible with Existing and Potential Development: The Project would develop four (4) single-family homes on existing parcels . Single-family and multi-family homes are located in the immediate neighborhood on Ford Street and single-family homes are located to the south on Clara Avenue . The Ford Street Project/Buddy Eller Center is located directly east of the Project site and provides transitional housing in apartment buildings . The proposed PD Regulations identify the uses and development standards for the parcels included in the PD . The PD regulations are based on the uses and development standards of the R3 zoning district and modified to address the specific parcels and use (single-family residential ) included in the Project and the environmental constraints of Lot 1 (Orrs Creek, steelhead trout , and native trees) . The size and design of the homes , density , and use are compatible with and complementary to other development in the area . The Project was reviewed by the Design Review Board who found the Project compatible with and Page 3 of 7 complementary to other development in the area and appropriate for the individual parcels on which the homes would be constructed . 3 . The Orrs Creek Homes Precise Development Plan , as conditioned , is consistent with the criteria for evaluating the consistency of precise development plans with the purpose and intent of the Planned Development combining district identified in zoning ordinance section 9167 ( F) as described in the Table 3 of the staff report and below: A. Circulation Needs and Impacts : The Project would result in four (4) single- family homes . Each residence would be accessed from a driveway with access to a public street, Ford Street. There are existing easements on lot 4 for access to the apartments that are part of the Buddy Eller Center and the residence at 131 Ford Street . The access easements related to access the Buddy Eller apartments do not require modification . There are easements on the parcels for the benefit of the parcel to the south ( 131 Ford Street) . The owner of this parcel has provided a letter that states he is aware of the project and that the modifications to the existing easements would be necessary and the he is amenable to these modifications . Modifications to the easements are included as a condition of approval . The Project would construct curb , gutter, and sidewalk and a minimum of 2 on-street parking spaces would be available . The construction of the sidewalk improves pedestrian circulation in the neighborhood . The Project was reviewed by the Public Works Department . Public Works did not identify any traffic related issues related to construction or operation of the Project . B . Parking and Traffic Needs and Impacts : Two (2) onsite parking spaces would be provided for each residence as required by the City Code . The parking would be provided in a tandem configuration with one parking space in the driveway and one parking space behind in the garage . Since the parking is for a single- family home , the residents have the ability to control the parking and move vehicles as needed . C . Utilities and Public Services Needs and Impacts : City services are available to serve the Project . The City has enacted mandatory water conservation measures and the residents of the Project would be required to comply with any water conservation measures in place . The Project includes drought tolerant landscaping and water conserving irrigation . The Project has been reviewed by Public Works Department , Electric Utility , Fire Marshal , and Building Official and there are adequate services and utilities to serve the Project . D . Noise Needs and Impacts : The proposed Project would be similar in use , intensity , and density to the surrounding neighborhood . The City' s noise ordinance would apply to this Project both during construction and after occupancy. Mitigation measures and conditions of approval have been applied to the Project to address construction related noise impacts . E . Odor Needs and Impacts : The Project is a residential Planned Development ; typically odors are not associated with residential uses . F . Private and Common Space Needs and Impacts : The Project does not include any common space since it is a small single-family home development . Each parcel includes a front yard , front porch , and rear yard which provide the private open space for each residence . The subdivision of the property required the Page 4 of 7 payment of the City's Parks Fee as discussed above under General Plan, Recreation. The purpose of this fee is to mitigate impacts to parks and recreational facilities and to provide funds for the construction of new facilities . G . Trash Collection Needs and Impacts : The precise development plan identifies a location for the trash/recycling containers in the side yard . Each resident would be responsible for placing containers at and removing containers from the curb for trash and recycling collection . H . Security and Crime Deterrence Needs and Impacts : Exterior lighting is proposed for each of the homes . Each parcel includes fencing which will define the private space/parcel from the public right-of-way; and in the case of Lot 1 , will provide a barrier between Orrs Creek (which can use as a pathway) and the usable backyard space for the parcel , which can be used as a pathway for pedestrians . Development of the site as proposed could reduce the incidents of loitering in the area since there would be fewer locations for loitering and more "eyes on the street. " The Project was reviewed by the Police Department and no concerns related to security and crimes were identified . I . Energy Consumption Needs and Impacts : The Project is subject to the requirements of the California Green Building Code Standards which includes specific requirements (materials and light fixtures) to reduce energy consumption . J . Design Needs and Impacts : The Project would use one house plan for all four (4) parcels and would vary the house plan by using different colors for each home , different garage doors , and varied roofs . The design of the house plan is based in part on the historic homes located on Ford Street and Clara Avenue . The Project was reviewed by the DRB who found the design of the Project compatible with the neighborhood and made recommendations to differentiate the house plan on each parcel . Some of the recommendations from the DRB have been incorporated into the design of the house plan modified for each parcel . K. Relationship to Physical Features : The Project includes four (4) parcels . Parcels 2 , 3 , and 4 include no trees , significant landscaping or other natural features . Parcel 1 includes a section of Orrs Creek which includes native trees within and along the creek bank. The native trees that are closest to construction areas were evaluated by a certified arborist. The arborist provided recommendations for tree protection during construction . The recommendations were included as mitigation measures and conditions of approval for the Project . Preservation and protection of these trees has also been included in the proposed Orrs Creek Homes PD Regulations . A group of valley oaks (Arborist Report , Group D) are located along the west property line of Lot 1 and proposed for removal as part of the Project . The arborist report prepared for the Project identified these trees as being unhealthy and having structural deficiencies and stated there was no value in retaining these trees . The Project site is relatively flat and slopes generally away from Orrs Creek. Minor grading would be required to provide adequate site drainage . The Project includes LID improvements that would reduce the impacts related to drainage and help to infiltrate water prior to release to Orrs Creek. L . Consistency of Architectural Features : The Project would use one house plan for all four (4) parcels and would vary the house plan by using different colors for Page 5 of 7 each home , different garage doors , and varied roofs . The Project was reviewed by the DRB who found the design of the Project compatible with the neighborhood and made recommendations to differentiate the house plan on each parcel . Some of the recommendations from the DRB have been incorporated into the design of the house plan modified for each parcel . M . Balance and Integration with Neighborhood : The proposed Project includes four (4) 1 , 536 sf homes with one-story and two-story elements . The size and height of the homes is consistent with other homes in the neighborhood ; however, the lot sizes are smaller than other parcels on Ford Street and Clara Avenue . The Project includes both front and rear yards , similar to other homes in the neighborhood . The design of the house plan was based in part on the design of historic homes on Ford Street and Clara Avenue . The Project was reviewed by the Design Review Board who found the Project to be consistent and compatible with other residential development in the neighborhood and appropriate for the individual parcels included in the Project. N . Building Design : The house plan for the Project includes one-story and two- story elements , gable and hips roofs , front porches , and single-wide garages which minimizes the prominence of the garage . The house plan for each parcel would be varied through the use of different colors , garage doors , and roofs . The house plans also include a mix of materials . These features provide articulation and variety in the building design . O . Density : The parcels included in the Project have already been created and range in size from 2 , 911 sf to 7 , 084 sf. The underlying zoning district High Density Residential ( R3) requires a minimum lot area of 6 , 000 sf for "each building or group of buildings . " Based on a minimum lot size of 6 , 000 sf, the maximum density for the R3 zoning district would be 7 . 28 units per acre . The density of the proposed Project is 9 . 73 units per acre due to the smaller lot size . The Project was reviewed by the DRB who found the design and density of the Project compatible with the neighborhood and appropriate for the parcels . 4 . Planning Department staff prepared an Initial Environmental Study ( IS) in order to evaluate the potential impacts that could result from construction and implementation of the Orrs Creek Homes Planned Development Rezoning , Precise Development Plan and PD Zoning Regulations . The IS identified potential impacts to aesthetics , air quality , biological resources , cultural resources , geology/soils , hydrology and water quality , land use and planning , and noise . As part of the IS , mitigation measures were identified that would reduce the impacts to less than significant levels . A Mitigation Monitoring Reporting Program has been prepared for the Project and the project proponent has agreed to the mitigation measures . 5 . Notice of the Intent to Adopt a Mitigated Negative Declaration and notice of the Rezoning and Precise Development Plan was provided in the following manner: ■ posted at the State Clearinghouse for distribution to state agencies and departments on September 10 , 2014 ; ■ posted at the County Clerk on September 10 , 2014 ; ■ mailed to the California Department of Fish and Wildlife and Mendocino County Water Agency with a copy of the IS and MND on September 9 , 2014 ; ■ mailed to property owners within 300 feet of the parcels included in the Project on September 10 , 2014 ; ■ published in the Ukiah Daily Journal on September 14 , 2014 ; Page 6 of 7 ■ posted on the Project site on September 10, 2014; and ■ posted at the Civic Center (glass case) on September 11, 2014. A notice of the December 3, 2014 City Council meeting was provided in the following manner: • mailed to property owners within 300 feet of the parcels included in the Project on November 20, 2014; • emailed to the Wagenseller Neighborhood Association representative on November 20, 2014: • published in the Ukiah Daily Journal on November 23, 2014; and • posted on the Project site on November 20, 2014. SECTION THIRTEEN The ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah. SECTION FOURTEEN The ordinance shall become effective 30 days after its adoption. INTRODUCED BY TITLE ONLY on December 3, 2014 by the following roll call vote: AYES: Councilmembers Mulheren, Doble, Brown, Scalmanini, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None ADOPTED on December 17, 2014 by the following roll call vote: AYES: Councilmembers Mu7_heren, Doble, Brown, Scalmanini, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None Dougla F. Crane, Mayor ATTEST: L'�'Allw-- Kristine Lawler, City Clerk Page 7 of 7