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RESOLUTION NO. 91-2
RESOLUTION OF THE CITY OF UKIAH CITY COUNCIL APPROVING
USE PERMIT NO. 90-21, MARLENE ESTATES PLANNED DEVELOPMENT
WHEREAS, the land encompassed by the Marlene Estates Planned
Development is the subject of a nine-acre, 30-lot project, including
12 single-family residential parcels, eight duplex parcels, and eight
multiple family lots for a total of 104 living units; and
WHEREAS, the "PD", Planned Development, zone requires a use permit to
be reviewed and recommended for approval by the Planning Commission and
approved by the City Council prior to any development taking place within
that zone; and
WHEREAS, the mitigated Negative Declaration of Environmental Impact
was recommended by the Planning Commission on June 13, 1990, and was found
adequate and complete by the City Council on .AuguSt 1 , 1990; and
WHEREAS, the development provides appropriate housing opportunities
consistent with the City of Ukiah General Plan; and
WHEREAS, parkland in this locale is specifically designated in the
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General Plan and the project includes approximately acres of land
for park purposes as depicted on the Development Plan Map, Exhibit A; and
WHEREAS, appropriate traffic circulation is provided for in the
development plan by the construction of South Orchard Avenue north from
Marlene Street, and the project is conditioned that South Orchard Avenue
connect from Marlene Street to Gobbi Street before development occurs to
insure efficient ingress and egress for residents of the proposed project;
and
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WHEREAS, specific findings have been adopted for approval of this
project.
NOW, THEREFORE, BE IT RESOLVED that Use Permit No. 90-21, Marlene
Estates Planned Development, is approved subject to the following
conditions:
1. The maximum number of dwelling units for the nine acres encompassed
in this project is 104.
2. All applicable building codes relating to energy conservation and the
appropriate provisions of the California Solar Rights Act of 1979
shall be complied with by the developer and dwelling unit contractor.
3. Prior to construction, a Site Development Permit shall be secured for
each lot which will contain three or more dwelling units.
4. Hours of construction be limited to 7:00 a.m. to dark, Monday through
Saturday.
5. Dust control measures be instituted during construction.
6. All development standards legally applicable within the City of Ukiah
shall be complied with unless specifically noted otherwise in this
resolution or on the development plan.
7. The developer shall be responsible for the dedication and improvement
of the full widths of all streets to be constructed by the developer
within the project.
8. Single family detached units shall meet the standard R-1 site
requirements including a minimum 10-foot front building setback,
20-foot setback to garages and carports, five-foot sideyard setbacks,
and 15-foot rearyard setbacks.
9. The Development Plan Map, Exhibit A, attached hereto, is made part of
this resolution and approved use permit.
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10. The developer shall pay a per-acre fee, on property as it is
developed, for traffic signalization at East Gobbi Street and Orchard
Avenue pursuant to City Council Resolution No. 90-47, dated
May 16, 1990. Said costs to be prorated and collected with each
building permit.
11. No site work (other than road construction) or dwelling unit
construction may take place in the project area until direct public
access is provided to East Gobbi Street via the southerly extension
of Orchard Avenue.
12. A subdivision map shall be filed for the entire property.
13. Access from lots fronting Orchard Avenue may be allowed by providing
common, joint, or adjacent driveways on adjacent parcels, with no
minimum separation requirement and with adequate easements provided
for common driveways to the approval of the City Engineer.
14. Developer shall purchase, install, and maintain for one (1) year City
specified street trees to be planted in the planter strip between the
sidewalk and the curb at locations determined by the City throughout
the subdivision according to a street tree program approved by City
Staff.
15. Property sale or rental agreements shall include a statement signed
by prospective owner or tenant indicating that the property is within
one mile of an active airport, there will be aircraft overflights and
attendant noise in the vicinity of this property, and the volume of
aircraft activity is likely to increase in the future.
16. School impact fees shall be paid to the Ukiah Unified School District
pursuant to adopted procedures.
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17. Parkland shall be dedicated to the City in the area and in the amount
shown on the Development Plan Map, Exhibit A attached hereto, which
includes Mendocino Creek corridor and Parcels 24, 25, and 26.
18. Houses constructed on the parcels identified in the Development Plan
Map, to the maximum extent feasible taking into consideration
economic, social, and physical constraints applicable to the Project,
shall be oriented to take maximum advantage of passive heating and
cooling opportunities; provided that such orientation shall not
affect the densities allowed on any parcel.
19. If during any construction or grading activity, possibly significant
archaeological objects or sites are encountered, all work within the
vicinity of such object or site shall immediately cease and the site
shall be secured. A credentialed archaeologist shall be hired to
investigate the site with the assistance of a Native American
observer and develop a mitigation plan to preserve and protect the
site or object.
20. The developer shall complete construction of sound barrier fence and
installation of appropriate landscaping for those parcels adjacent to
the freeway. Said fence and landscaping shall be approved by the
Directors of Planning and Public Works and be at least equivalent in
aesthetic quality and sound attenuation as the freeway mounded
landscaped area/fence system existing on similarly situated developed
properties immediately south of the project.
21. Ail units constructed in the subdivision are required to have
installed low-flow showerheads and faucets and ultra-low-flush
toilets.
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22. Mature trees along the freeway, western property line, and Mendocino
Creek are to be preserved and not removed without the approval of the
Directors of Public Works and Planning.
23. Significant alterations to the natural contour and depth profile of
the portion of Mendocino Creek channel, which runs through the
project, including modifications to channel width and meander
patterns shall be avoided, except as necessary for the installation
of the culvert required for the extension of Orchard Avenue as shown
on the Development Plan Map. The culvert must be constructed to the
approval of the Department of Fish and Game.
24. Disturbance or removal of vegetation shall not exceed the minimum
necessary to complete operations. The disturbed portions of the
stream banks or channel profile shall be restored. Such restoration
shall include revegetating stripped or exposed areas following
construction to reduce erosion.
25. Installation of culverts, rock slope protection, or other in-channel
structures shall be such that water flow is not impaired and
upstream, or downstream passage of fish is assured at all times.
26. Any in-channel construction operations shall be confined to periods
when the affected section of Mendocino Creek is void of surface
water.
27. No debris, soil, silt, cement, oil, or other such foreign substance
shall be allowed to enter into or be placed where it may be washed by
rainfall or runoff into Mendocino Creek. When operations are
completed, any excess materials or debris shall be removed from the
work area.
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28. Following completion of the project, the applicant and/or City of
Ukiah must agree to maintain the condition of in-stream structures in
perpetuity, and to repair all areas within the project site if/when
they pose adverse impacts to fish and wildlife resources.
PASSED AND ADOPTED this
1 day of August , 1990, by the
following roll call vote:
AYES:
NOES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson
None
ABSENT: None
ATTEST~~//
R:RES1
MARLENE ESTATES
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