HomeMy WebLinkAbout1160 Amending Zoning Map - 334 N Main St 1
2
3 ORDINANCE NO. 1160
4
5 AN ORDINANCE OF THE CITY OF UKIAH AMENDING THE OFFICIAL
6 ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA
7
8 SECTION ONE
9 Pursuant to the procedures set forth in the Ukiah Municipal Code sections 9167
10 and 9168, the Official Zoning Map for the City of Ukiah is amended to change the zoning
11 of the parcel located at 334 North Main Street (APN 002-186-02) from Community
12 Commercial (C-1) to Planned Development/ High Density Residential (PD-R3).
13
14 SECTION TWO
15 The rezoning action and amendment to the Official Zoning Map of the City of
16 Ukiah is necessary to allow a precise development plan for the parcel located at 334
17 North Main Street. The rezoning action includes the Mountanos North Main Street
18 Apartments Precise Development Plan and PD zoning regulations ("Project") and will
19 allow development of two apartment units within one building located on one parcel.
20
21 SECTION THREE
22 The Planned Development rezoning includes the Mountanos North Main Street
23 Apartments precise development plan, attached hereto as Exhibit A, and the
24 Mountanos North Main Street Apartments PD zoning regulations, attached hereto as
25 Exhibit B, which are the development plans and zoning regulations for the Project.
26
27 SECTION FOUR
28 Planning Department staff prepared an initial environmental study (IS) in order to
29 evaluate the potential impacts that could result from the Project. The IS identified
30 potential impacts to aesthetics, air quality, cultural resources, hydrology and water
31 quality, and noise. As part of the IS, mitigation measures were identified that would
32 reduce the impacts to less than significant levels; therefore, a mitigated negative
33 declaration (MND) was prepared for the Project. The Project proponent has agreed to
34 the mitigation measures included IS and MND.
35
36 SECTION FIVE
37 The Planning Commission held a duly noticed public hearing on July 22, 2015
38 after giving notice of said hearing in the manner, for the period, and in the form required
39 by the Ukiah Municipal Code and Government Code sections 65090 and 65091 to
40 consider the proposed Mountanos North Main Street Planned Development Rezoning
41 with precise development plan and PD zoning regulations. After receiving public
42 testimony, considering the staff report, and due deliberation, the Planning Commission
43 voted to recommend the City Council adopt the mitigated negative declaration for
44 the project and approve the Mountanos North Main Street Apartment Planned
45 Development Rezoning and Precise Development Plan with PD zoning regulations.
46
47 SECTION SIX
48 The precise development plan for the Mountanos North Main Street Apartments
49 Planned Development, as required by Ukiah Municipal Code section 9167(E), and
50 attached hereto as Exhibit "A", is approved.
1
2 SECTION SEVEN
3 The PD zoning regulations for the Mountanos North Main Street Apartments
4 Planned Development required by Ukiah Municipal Code section 9167(D)(3) and
5 9167(E)(1) and attached hereto as Exhibit "B", are approved.
6
7 SECTION EIGHT
8 The approval of the precise development plan attached hereto as Exhibit "A"
9 and the PD zoning regulations attached hereto as Exhibit "B" shall also be subject to
10 the specific conditions of approval attached hereto as Exhibit "C" which incorporate the
11 mitigation measures identified in the Initial Environmental Study and Mitigated Negative
12 Declaration which have been agreed to by the project proponent.
13
14 SECTION NINE
15 Based on the analysis and conclusions contained in the Initial Environmental
16 Study, the City Council concluded that the proposed Project would not have a significant
17 effect on the environment and adopted a Mitigated Negative Declaration.
18
19 SECTION TEN
20
21 The approval of the proposed Project is based on the following findings:
22
23 1. The Project, as conditioned, is consistent with the General Plan as described in the
24 General Plan section of the staff report, including Table 1.
25
26 2. The Project, as conditioned, is consistent with the findings required for adoption of an
27 ordinance establishing a Planned Development Combining Zone prescribed in Ukiah
28 City Code section 9168(C) based on the following:
29
30 A. General Plan: The Project is consistent with general plan as described in the
31 General Plan section of the staff report, including Table 1.
32
33 B. Purpose and Intent of the Planned Development Combing Zone District:
34 The precise development plan for the project includes two apartment units and
35 two garages within one building on one parcel. The proposed Project would
36 increase the supply of housing in Ukiah by constructing two new apartment units.
37 The Project is required to repair and curb, gutter, sidewalk that is in disrepair,
38 and install street trees which provide an amenity to the neighborhood. The
39 Project utilizes the parcel efficiently by constructing new 1-bedroom, 1 - bath
40 apartments with usable patio/yard space, storage space in the garage, and
41 onsite parking. The reduction in the minimum parcel size requirement for
42 constructing two units provides reasonable and marketable apartment unit sizes
43 and the smaller lot may reduce the overall cost to maintain the apartment units.
44 The applicant for this project has determined that the most marketable project for
45 the parcel is development of small and efficient apartment units as shown in the
46 proposed precise development plan and has estimated the rental prices of the
47 units would be affordable to a large number of Ukiah citizens. The project
48 responds to the current market demand for small apartment units, particularly
49 units in or near the historic downtown. The Project is consistent with the criteria
50 for evaluating the consistency of precise development plans with the purpose
51 and intent of the Planned Development combining district.
I C. Complements and Compatible with Existing and Potential Development:
2 The Project would develop two (2) small apartment units on an existing small
3 vacant parcel. Single-family and multi-family homes are located in the immediate
4 neighborhood, as are commercial developments. The proposed PD Regulations
5 identify the uses and development standards for the parcel included in the PD.
6 The PD regulations are based on the uses and development standards of the R3
7 zoning district and modified to address the specific parcel and use (apartments)
8 included in the Project. The size and design of the apartment units, density, and
9 use are compatible with and complementary to other development in the area.
10 The Project was reviewed by the Design Review Board who found the Project
11 compatible with and complementary to other development in the area and
12 appropriate for the individual parcels on which the apartment units would be
13 constructed.
14
15 3. The Mountanos North Main Street Precise Development Plan, as conditioned, is
16 consistent with the criteria for evaluating the consistency of precise development
17 plans with the purpose and intent of the Planned Development combining district
18 identified in zoning ordinance section 9167(F).
19
20 A. Circulation Needs and Impacts: The Project would result in two (2) apartment
21 units. Each unit would be accessed from a stairway extending from the driveway
22 that has access to a public street (North Main Street). The repair of any
23 sidewalks improves pedestrian circulation in the neighborhood. The Project was
24 reviewed by the Public Works Department Staff, who did not identify any traffic
25 related issues related to construction or operation of the Project.
26
27 B. Parking and Traffic Needs and Impacts: Two (2) onsite garage parking spaces
28 would be provided for each apartment unit as required by the City Code. Since
29 the parking is for apartment units, the residents have the ability, through rental
30 agreements, to control visitor parking and move vehicles as needed.
31
32 C. Utilities and Public Services Needs and Impacts: City services are available
33 to serve the Project. The City has enacted mandatory water conservation
34 measures and the residents of the Project would be required to comply with any
35 water conservation measures in place. The Project includes drought tolerant
36 landscaping and water conserving irrigation. The Project has been reviewed by
37 Public Works Department, Electric Utility, Fire Marshal, and Building Official and
38 there are adequate services and utilities to serve the Project.
39
40 D. Noise Needs and Impacts: The proposed Project would be similar in use,
41 intensity, and density to the built environment and land uses in the surrounding
42 neighborhood. The City's noise ordinance would apply to this Project both
43 during construction and after occupancy. Mitigation measures and conditions of
44 approval have been applied to the Project to address construction related noise
45 impacts.
46
47 E. Odor Needs and Impacts: The Project is a residential Planned Development;
48 typically odors are not associated with residential uses.
49
50 F. Private and Common Space Needs and Impacts: The Project does not include
51 any common space since it is a small two (2) unit apartment development. Each
I parcel includes a rear yard patio/yard space that provides private open space for
2 each residence.
3
4 G. Trash Collection Needs and Impacts: The precise development plan identifies
5 a location for the trash/recycling containers in the side yard. Each resident would
6 be responsible for placing containers at and removing containers from the curb
7 for trash and recycling collection.
8
9 H. Security and Crime Deterrence Needs and Impacts: Exterior lighting is
10 proposed for the small apartment building. The parcel includes fencing which will
11 define the private space/parcel from the public right-of-way. Development of the
12 vacant site as proposed could reduce the incidents of loitering in the area since
13 there would be fewer locations for loitering and more "eyes on the street." The
14 Project was reviewed by the Police Department and no concerns related to
15 security and crimes were identified.
16
17 I. Energy Consumption Needs and Impacts: The Project is subject to the
18 requirements of the California Green Building Code Standards which includes
19 specific requirements (materials and light fixtures) to reduce energy
20 consumption.
21
22 J. Relationship to Physical Features: The Project includes one small parcel
23 devoid of significant natural/physical features.
24
25 K. Consistency of Architectural Features: The Project would use a modern and
26 simple design with a number of exterior colors and materials. The Project was
27 reviewed by the DRB who found the design of the Project compatible with the
28 neighborhood
29
30 L. Balance and Integration with Neighborhood: The proposed Project includes
31 two (2) 550 sf apartment units over ground level garages. The size and height of
32 building is smaller than other apartment units in the area, but comparable in size
33 to nearby single family homes. The Project was reviewed by the Design Review
34 Board who found the Project to be consistent and compatible with other
35 residential development in the neighborhood and appropriate for the parcel.
36
37 M. Building Design: The design of the duplex structure is modern and simple. It
38 will have a 12/4 pitched roof, horizontal siding, double pane windows, outdoor
39 balconies and individual patios/yards.
40
41 N. Density: The parcel included in the Project is only 5,128 square feet in size.
42 The underlying zoning district Community Commercial (C1) requires a minimum
43 lot area of 6,000 sf for "each building or group of buildings." Based on a
44 minimum lot size of 6,000 sf, the maximum density for the R3 zoning district
45 would be 7.28 units per acre. The density of the proposed Project is 8.4 units per
46 acre due to the smaller lot size. The Project was reviewed by the DRB who
47 found the design and density of the Project compatible with the neighborhood
48 and appropriate for the parcels.
49
50
1 4. Planning Department staff prepared an Initial Environmental Study (IS) in order to
2 evaluate the potential impacts that could result from construction and implementation
3 of the Mountanos North Main Street Apartment Planned Development Rezoning,
4 Precise Development Plan and PD Zoning Regulations. The IS identified potential
5 impacts to aesthetics, air quality, cultural resources, hydrology and water quality, and
6 noise. As part of the IS, mitigation measures were identified that would reduce the
7 impacts to less than significant levels. A Mitigation Monitoring Reporting Program
8 has been prepared for the Project and the project proponent has agreed to the
9 mitigation measures.
10
11 5. Notice of the Rezoning and Precise Development Plan was provided in the following
12 manner:
13
14 ■ posted at the County Clerk;
15 ■ mailed to property owners within 300 feet of the parcels included in the Project;
16 ■ published in the Ukiah Daily Journal;
17 - posted on the Project site;
18 ■ posted at the Civic Center (glass case).
19
20 SECTION ELEVEN
21 The ordinance shall be published as required by law in a newspaper of general
22 circulation in the City of Ukiah.
23
24 SECTION TWELVE
25 The ordinance shall become effective 30 days after its adoption.
26
27 INTRODUCED BY TITLE ONLY on September 2, 2015, by the following roll call vote:
28
29 AYES: Councilmembers Mulheren, Doble, Brown, Scalmanini, and Mayor Crane
30 NOES: None
31 ABSENT: None
32 ABSTAIN: None
33
34
35 ADOPTED on September 16, 2015, by the following roll call vote:
36
37 AYES: Councilmembers Mulheren, Doble, Scalmanini, and Mayor Crane
38 NOES: None
39 ABSENT: Councilmember Brown
40 ABSTAIN: None
41
42
43
44 Douglas( "A e, Mayor
45
46
47 ATTEST:
48
49
s0 %2 2 C
51 Kristine Lawler, City Clerk
Exhibit A
Project Plans
Mountanos Duplex Apartment Project
Planned Development Ordinance
Precise Development Plan
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Exhibit B
Mountanos North Main Street Apartments
Planned Development Regulations
334 North Main Street, Ukiah
PURPOSE AND INTENT: The Mountanos Main Street Project is a Planned Development (PD)
located on North Main Street adjacent to the historic Ukiah downtown. The PD consists of two
(2) 550 square foot one bedroom, one bathroom units located above individual garages on a
5,128 square foot parcel. The development of the two residential apartment units will provide
new rental stock in close proximity to the downtown. The PD will also fulfill the City's goal for
"infill" —to carefully develop high-density residential areas on empty lots within the City limits.
DESIGN: The North Main Street apartments are designed to assimilate and be compatible with
the other residences, historic houses, apartment buildings, and commercial buildings in the
surrounding neighborhood. The North Main Street apartments are contemporary and simple in
design with a 12/4 pitched roof with horizontal lap siding. The units will include outdoor porches
on the east elevation and patio's/yards on the west side of the building. The structure will be
painted an earth tone color combination that will complement the existing houses and
commercial buildings in the neighborhood.
Because the subject parcel is small, each unit will be constructed above a ground-floor garage.
Each unit will also have a private patio for outdoor living space. Landscaping is provided to
soften the effects of the building, and street trees, chosen from the City's Required Street Tree
List, will be provided. These trees were also selected based on the constraints of the planting
area, which include in-ground utilities and overhead power lines. As required, the street trees
are planted approximately 30 feet apart along North Main Street.
ALLOWED USES: The following uses are allowed in the Mountanos Main Street Planned
Development:
• High density residential apartment units
ACCESSORY BUILDINGS AND ACCESSORY USES: The following accessory uses are
allowed in the Mountanos Main Street Planned Development:
Mountanos North Main Street Planned Development Zoning Regulations
334 North Main Street,Ukiah
I
■ Home Occupations as defined by the Zoning Ordinance section 9278 and in compliance
with Zoning Ordinance requirements. Home Occupations require a City of Ukiah
Business License.
• Small family child daycare home as defined by Health and Safety Code section 1596.78.
• Detached Accessory Building, such as storage sheds, shops, green houses
PERMITTED USES: The following uses require approval of a Use Permit:
■ Large family daycare home as defined by Health and Safety Code section 1596.78.
REQUIRED LOT AREA: The minimum lot area shall be as shown on the approved Planned
Development Map. No further subdivision of the parcels is allowed.
BUILDING HEIGHT LIMITS: Building height shall be:
• Apartment Units: The height of the apartment building shall be as shown on the
approved Precise Development Plan.
• Detached Accessory Building: Maximum of 15-feet measured from finished grade to
the peak of the roof.
REQUIRED YARD SETBACKS:
A. Apartment Units: The minimum setbacks for the single-family home shall be as shown on
the approved Precise Development Plan.
B. Accessory Buildings: The minimum setbacks for accessory buildings shall be:
• Front: Prohibited in front yard
• Side: 5 feet minimum
• Rear: 5 feet minimum
REQUIRED PARKING: The minimum on-site parking required shall be as follows:
• Number of Spaces: Two (2) parking spaces for each dwelling unit within the garages.
• Dimensions of Garage Spaces: The minimum size of a garage parking space shall be
10 feet wide by 20 feet deep with no obstructions.
• No Conversion of Garage Space: The area of the garage that is not needed in order
to comply with the parking requirement above may not be converted to additional living
space.
DRAINAGE/BIOSWALES: The project may include drainage swales to provide adequate
drainage and allow the infiltration and filtering of runoff prior to water entering the City's storm
drain system. Maintenance of any drainage/bioswales is the responsibility of the property
owner. Drainage/bioswales shall not be removed or modified without review and approval of the
Public Works Department and Planning Department in order to ensure adequate drainage.
Mountanos North Main Street Planned Development Zoning Regulations
334 North Main Street,Ukiah
2
LANDSCAPING: The parcel includes twenty percent (20%) of the gross area available for
landscaping coverage.
A. FRONT YARD LANDSCAPING: A minimum of fifty percent (50%) of the landscaped
area must live plantings.
B. REAR YARD LANDSCAPING: The remaining area available for landscaping, in the
fenced-in backyard patio areas, is the responsibility of the new home owners.
C. STREET TREES: As required by City Code, four (4) street trees are provided in the
Mountanos Main Street PD, and are located on the subject parcel.
Street Trees are required to be maintained by the residents of the parcels on which the
trees are located. Removal of street trees is prohibited. In the event a street tree may
require removal (such as disease or death of a tree), the tree shall be promptly replaced.
D. PLANT SPECIES: In order to protect existing native plants in the area the habitat they
provide, the planting of known invasive species and species identified in the California
Invasive Plant Council's data base (http://www.cal-ipc.org/paf/) is prohibited.
No lawn/turf is permitted. Landscaping plants shall be drought tolerant and primarily
native species. All landscaped areas shall be heavily mulched and every effort shall be
made to conserve water.
E. IRRIGATION: The landscaping installed as part of the development shall include a water
efficient automatic irrigation system and shall be properly maintained by the property
owner/resident.
EXTERIOR LIGHTING: Outdoor light fixtures shall be located, aimed, and shielded so as to
minimize light trespassing over property lines and avoid directing light towards motorists and
pedestrians. Fixtures shall be full cutoff and nighttime friendly and shall be International Dark
Sky Association (IDA) approved or equivalent.
FENCES/HEDGES: Fences and hedges and other screen shall comply with the following:
A. Fences and hedges located within the required front setback shall not exceed three feet
(3') in height measured from the original grade on the lot.
B. Fences and hedges located outside of the required front setback shall not exceed 6 feet
in height measured from the finished grade on the parcel. The front setback is the front
building wall, not including front porch (see precise development plan).
STANDARDS NOT ADDRESSED: Standards not addressed herein shall default to the Zoning
Ordinance and Ukiah City Code.
Mountanos North Main Street Planned Development Zoning Regulations
334 North Main Street, Ukiah
3
Exhibit C
Mountanos North Main Street Apartments Precise Development Plan
Project Conditions of Approval
334 North Main Street
1. Approval is granted for the Mountanos Duplex Apartment Housing project as shown
on the approved Precise Development Plan date stamped September 5, 2014 and the
Mountanos Duplex Apartment Housing project Planned Development Zoning
regulations approved herein except as modified by the following conditions of
approval.
2. Development and operation of the Project shall comply with the approved Mountanos
Duplex Apartment Housing project Precise Development Plan and associated Planned
Development zoning regulations. Any items not addressed by the approved precise
development plan and zoning regulations shall default to the zoning ordinance and
City Code.
3. The mitigation measures included in the Mountanos Duplex Apartment Housing project
and Precise Development Plan have been agreed to by the project proponent and are
hereby included as conditions of approval. The mitigation measures are listed below.
From the Department of Public Works (Ben Kageyama 707-463-6284)
4. Prior to construction of site improvements, a final grading and drainage plan, and an
erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for
review and approval by the Department of Public Works. The plan shall detail post-
construction best management practices, including the use of vegetated swales, and
infiltration of roof drain run-off.
5. The project engineer shall provide oversight and inspection during project construction,
with special attention to: site grading; bio-swale installation and landscaping;
downspout drainage; and the installation of erosion control measures. Upon
completion of the work, a report shall be submitted by the project engineer to the
Department of Public Works stating that the improvements have been completed in
accordance with the approved plans and conditions of approval, and all areas have
been permanently stabilized to prevent sediment and erosion.
6. All public sidewalks shall meet current ADA requirements. Any existing curb, gutter
and sidewalk in disrepair that is adjacent to the subject property shall be repaired. All
work shall be done in conformance with the City of Ukiah Standard Drawings 101 and
102 or as directed by the City Engineer.
Mountanos North Main Street Planned Development Zoning Regulations
334 North Main Street, Ukiah
4
7. All existing and widened portions of the driveway along the northerly parcel boundary
which are not contained within the 10 foot wide City "alley" shall be dedicated to the
City as a roadway and public utility easement.
8. Standard street tree requirements include street trees spaced approximately every 30
feet along the public street, within tree wells where feasible, otherwise within 5 feet of
the back of sidewalk. Street trees shall be in accordance with Standard Detail 602 —
tree types to be approved by the City Engineer.
9. All driveway and parking areas shall be paved with asphaltic concrete, concrete, or
other alternative surfacing, subject to approval by the City Engineer. If heavy truck
traffic is anticipated from the solid waste company, delivery trucks, or other heavy
vehicles, the pavement section should be calculated appropriately to ensure that it can
withstand the loading.
10. Concentrated site run-off over the public sidewalk is not allowed. Under-sidewalk
drains (Standard Drawing 410) may be used where necessary.
11. 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.
12. The proposed development is located within the City of Ukiah sanitary sewer service
area and subject to applicable sewer connection fees.
13. Capital improvement fees for water services are based on the water meter size. A fee
schedule for water meter sizes is available upon request. Additional charges for water
service construction are also applicable.
14. The property is located within the floodplain, and is subject to the floodplain provisions
of the California Building Code and National Flood Insurance Program requirements.
The following shall be required:
a. A pre-construction elevation certificate, based on the plans, will be required
prior to the issuance of a building permit.
b. A post construction elevation certificate based on construction will be required
prior to final inspection.
From the Electric Utility Department (Jimmy Lazano 467-5774)
15. The existing 37Kva Transformer located at the northeast corner of the lot will be
feeding the new duplex via underground.
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16. If a change in the scope of the project increases the number of residential units, the
property owner/applicant shall upgrade the existing 37Kva Transformer to a 50Kva
Transformer.
17. The property owner/applicant shall incur the cost (labor, materials, equipment and any
transformer upgrade) to extend the City's secondary Services (underground feed) to
the service panels for the project.
18. The electric services panels for the project must have test-by-pass facilities and the
owner/applicant will need to provide panel specifications and the appropriate EUSERC
drawings numbers for the panels, prior to purchase.
From the Fire Department (Kevin Jennings 707-463-6271)
19. "No Parking" signs shall be posted within the alley way for its entire length.
20. Plans submitted for a building permit shall include fire extinguishers, residential
sprinkler systems, Knox Box, etc.).
From the Department of Planning and Community Development
21. Plans submitted for a Building Permit shall be in substantial conformance with the
Plans approved in the Precise Development Plan, dated September 14, 2014
(Revisions).
22. The colors and materials used for the structure shall be in substantial conformance
with the "Colors and Materials" folder submitted with the application, including, but not
limited to the "Oakwood" base color and "Cargo" trim color.
23. The property owner/applicant shall use the "Colonial" panel design or other similar
design for the garage doors which would make the two units look more like two
separate homes.
24. Prior to issuance of a building permit, a Management Plan for the Project shall be
prepared and submitted to the Planning and Community Development Department.
The Management Plan shall include, but is not limited to, the following items and is
subject to staff review and approval:
A. Trash collection responsibilities, frequency, and type (toters, bins, dumpsters, etc.).
B. Use of private outdoor spaces (balconies, decks, etc.) and how they will be kept
clean and not used for storage.
C. Parking for residents and guests.
D. The garages shall be available for parking of two cars at all times. Any storage shall
be incidental and shall not preclude the parking of two cars in each garage.
E. The Management Plan shall be subject to the review and approval by the Director of
Planning and Community Development.
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25. The approved Management Plan shall be provided to tenants of the Project as part of
their rental agreement.
26. Prior to issuance of a building permit, the applicant/project proponent shall apply for
and receive an address assignment for the new apartment and the second unit from
the Planning and Community Development Department.
27. Protective tree fencing shall be installed around any trees that are in proximity of
construction activities. The protective tree fencing required shall be metal, a minimum
of 5-feet in height and secured with in-ground posts. The approved tree fencing shall
be installed prior to construction/grading activities and shall remain in place until
construction has been completed.
28. Plans submitted for building permit for the apartments and associated improvements
located on the subject parcel, shall include a Final Landscape and Irrigation Plan that
demonstrates compliance with Cal Green and the State Model Water Efficiency
Landscape Ordinance requirements for landscaping and irrigation.
29. The property owner/project proponent is responsible for the installation and
maintenance of the irrigation system, and for the health and vitality of all trees and
shrubs. All landscaping shall be maintained in a viable condition.
30. No lawn or turf shall be used in the Final Landscaping Plan.
31. Weed killers shall not be used on or near trees.
32. The tree ties/stakes shall be checked every six months to ensure they do not constrict
the trunks and damage the trees.
31 All trees shall be properly pruned as appropriate. No topping cuts shall be made. All
pruning shall follow standard industry methods and techniques to ensure the health
and vitality of the trees.
34. All conditions of approval that do not contain specific completion periods shall be
completed prior to building permit final.
35. All construction activities shall comply with all fire, building, electric, plumbing,
occupancy, and structural laws, regulations, and ordinances in effect at the time the
Building Permit is approved and issued.
36. The property owner shall obtain and maintain any permit or approval required by law,
regulation, specification, or ordinance of the City of Ukiah and other Local, State, or
Federal agency as applicable.
37. No permit or entitlement shall be deemed effective unless and until all fees and
charges applicable to this application and these conditions of approval have been paid
in full.
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38. All lighting shall be downcast, full cut-off, and shall not spill beyond the property lines
or shine towards the night sky.
39. This approval is contingent upon agreement of the applicant and property owner and
their agents, successors and heirs to defend, indemnify, release and hold harmless the
City, its agents, officers, attorneys, employees, boards and commissions from any
claim, action or proceeding brought against any of the foregoing individuals or entities,
the purpose of which is to attack, set aside, void or annul the approval of this
application. This indemnification shall include, but not be limited to, damages, costs,
expenses, attorney fees or expert witness fees that may be asserted by any person or
entity, including the applicant, arising out of or in connection with the City's action on
this application, whether or not there is concurrent passive or active negligence on the
part of the City. If, for any reason any portion of this indemnification agreement is held
to be void or unenforceable by a court of competent jurisdiction, the remainder of the
agreement shall remain in full force and effect.
Mitigation Measures (imposed as additional conditions of approval)
Aesthetics
1. All outdoor light fixtures shall be located, aimed, and shielded so as to minimize light
trespassing over property lines and avoid directing light towards motorists and
pedestrians. Fixtures shall be full cutoff and nighttime friendly and shall be International
Dark Sky Association (IDA) approved or equivalent. Prior to installation of the exterior
lighting and area subject to review and approval at time of building permit.
Air Quality
2. All activities involving site preparation, excavation, filling, grading, road construction, and
building construction shall institute a practice of routinely watering exposed soil to control
dust, particularly during windy days.
3. All inactive soil piles on the project site shall be completely covered at all times to control
fugitive dust.
4. 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.
5. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers
shall be used for earth moving operations.
6. All earth moving and grading activities shall be suspended if wind speeds (as
instantaneous gusts) exceed 25 miles per hour.
Cultural Resources
7. If, during site preparation or construction activities, any historic or prehistoric cultural
resources are unearthed and discovered, all work shall immediately be halted, and the
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City shall be notified of the discovery. The applicant shall be required to fund the hiring
of a qualified professional archaeologist to perform a field reconnaissance and to
develop a precise mitigation program if deemed necessary.
8. If human remains are encountered during construction excavation and grading activities,
State Health and Safety Code Section 7050.5 requires that no further disturbance shall
occur until the County Coroner has made the necessary findings as to the origin and
disposition pursuant to PRC Section 5097.98. If the remains are to be of Native
American descent, the coroner has 24 hours to notify the Native American Heritage
Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most
Likely Descendent, who will help determine what course of action should be taken in
dealing with the remains.
Noise
9. Construction hours are limited to Monday through Friday from 8:00 a.m. to 6:00 p.m. and
from 9:00 a.m. to 4 p.m. on Saturday Construction hours are prohibited on Sunday and
all holidays recognized by the City of Ukiah. Interior work that generates negligible or no
noise at the property line is allowed outside of the construction hours noted above.
Approval of additional construction hours may be requested in writing from the Planning
and Community Development Director and Public Works Director for extenuating
circumstances. The written request must be submitted a minimum of 14 days prior to
the date for which the change in construction hours/days is being requested and shall
explain the need for the extended construction hours, describe the extenuating
circumstances, and identify the additional construction hours requested, including the
duration.
10. Signs shall be posted at the Project site prior to commencement of construction of the
proposed Project for the purpose of informing all contractors/subcontractors, their
employees, agents, material haulers, and all other persons at the construction site(s) of
the basic requirements of mitigation measures for Noise.
11. Signs shall be posted at the construction sites that include the permitted construction
days and hours, day and evening contact number for the job site, and a contact number
in the event of problems.
12. An onsite complaint and enforcement manager shall be designated for the Project and
shall respond to and track complaints and questions related to noise.
13. Equipment and trucks used for proposed Project construction shall use the best
available noise control techniques (e.g. improved mufflers, use of intake silencers, ducts,
engine enclosures, and acoustically-attenuated shields or shrouds, wherever feasible).
14. Impact tools (e.g. jack hammers, pavement breakers, and rock drills) used for Project
construction shall be hydraulically or electrically powered wherever possible to avoid
noise associated with compressed air exhaust from pneumatically powered tools.
15. Stationary construction noise sources shall be located as far from sensitive receptors as
possible and they shall be muffled.
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16. No outside amplified sources (e.g. stereo "boom boxes") shall be used on site during
Project construction.
Hydrolopy and Water Quality
17. All plans submitted for Building Permits shall indicate the finished floor elevations, which
shall be a minimum of 1-foot above the 100-year flood elevation (582.5).
18. All new construction and substantial improvements shall conform to the City of Ukiah
Low Impact Development standards adopted by the City of Santa Rosa Low Impact
Design Technical Design Manual, if not specifically exempted. As it relates to storm
water, LID features aim to mimic the hydrologic function of the undeveloped site by
capturing, treating, and infiltrating storm water as close to the source as possible by
using small scale landscape-based features located throughout the project site.
19. Substantial improvements shall be anchored to prevent flotation, collapse or lateral
movement of the structures resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
20. All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
21. All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
22. All new construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
23. New construction and substantial improvement of any structure shall have the lowest
floor, including basement, elevated above the highest adjacent grade at least as high as
the depth number specified in feet on the FIRM, or at least two feet (2') if no depth
number is specified. Upon completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional engineer or surveyor
or verified by the Building Official to be properly elevated. Such certification or
verification shall be provided to the Flood Plain Administrator.
24. Require, for all new construction and substantial improvements, that fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following minimum
criteria:
25. Either a minimum of two (2) openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one foot above grade. Openings may be
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equipped with screens, louvers, valves or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters; or
26. Be certified to comply with a local flood proofing standard approved by the Federal
Insurance Administration.
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