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HomeMy WebLinkAbout91-22 1 2 4 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 21 23 25 26 27 28 RESOLUTION NO. 91-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FINDING THE NEGATIVE DECLARATION ADEQUATE AND COMPLETE AND APPROVING TENTATIVE SUBDIVISION MAP NO. 90-22, MARLENE ESTATES SUBDIVISION WHEREAS, On August 1, 1990, the City Council approved Use Permit No. 90-21 (Resolution No. 91-2) for the Marlene Estates Planned Development (which encompasses the property of this subdivision) subject to 26 conditions; and WHEREAS, the Director of Public Works reports that the City of Ukiah has sufficient capacity to handle wastewater for this project without violation of Water Quality Control Board Standards; and WHEREAS, on September 12, 1990, the Planning Commission approved the subject Tentative Subdivision Map and Negative Declaration; and WHEREAS, specific findings and conditions have been adopted for approval; and WHEREAS, a Negative Declaration of Environmental Impact for the development of 104 residential living units was adopted by the City Council in conjunction with Planned Development Use Permit No. 90-21, and a Negative Declaration of Environmental Impact was considered by the City Council on October 3, 1990, for this 27-1ot Tentative Subdivision Map No. 90-22; NOW, THEREFORE, BE IT RESOLVED that the Negative Declaration of Environmental Impact for Tentative Subdivision Map No. 90-22, Brookside Estates, (attached as Exhibit "A") is approved, based on the following factors which support a Negative Declaration of Environmental Impact: 1. Project is compatible with surrounding land uses. 2. Project will not have a significant adverse effect on air and water quality. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 3. Project is consistent with the City of Ukiah Zoning Ordinance and the General Plan. 4. Project will not have significant adverse impacts on wildlife, fishlife, or plantlife. 5. Project will not cause marked increase in ambient noise levels in the area except during periods of construction. 6.Project will not degrade aesthetic quality of the area. 7. Project will not pose significant threat to human health and safety. 8. Project will not destroy or detract from important recreational areas. 9. Project will not have significant adverse impacts on local government services, utilities, transportation, or solid waste management. 10.The project will not displace persons. NOW, THEREFORE, BE IT FURTHER RESOLVED that Tentative Subdivision Map No. 90-22 (Attached as Exhibit B) for Marlene Estates Subdivision, is approved conditioned upon compliance with all applicable State Statutes, local ordinances, conditions of approval of Use Permit No. 90-21, and the following specific conditions: 1. Standard Conditions 1 - 23. 2. Hours of construction are limited to 7:00 a.m. to dark, Monday through Saturday. 3. Fire hydrants to be provided by developer to the approval of the Fire Marshal. 4. Street lights to be provided by developer to the approval of the City Electric Department. - 2 - 1 5 6 ? 9 10 11 lO. 13 14 15 16 17 19 20 21 22 23 2~ 25 :26 27 25 5. Prior to construction, a Site Development Permit shall be secured for each lot (1, 2, 3, 24, 25, 26, 27) which may contain three or more dwelling units. 6. 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. 7. Dust control measures be instituted during construction. 8. Ail 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. 9. 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. 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. Access from lots fronting Orchard Avenue may be allowed by providing common, joint, or adjacent driveways on adjacent - 3 - 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 23 25 26 27 28 parcels, with no minimum separation requirement and with adequate easements provided for common driveways to the approval of the City Engineer. 13. 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. 14. School impact fees shall be paid to the Ukiah Unified School District pursuant to adopted procedures. 15. The area designated "Reserved for Park" on the Tentative Subdivision Map shall be dedicated to the City of Ukiah. 16. 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. 17. Ail units constructed in the subdivision are required to have installed low-flow showerheads and faucets and ultra-low-flush toilets. 18. 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 -4- 1 5 6 ? 9 10 11 12 13 15 16 17 19 20 21 23 25 9.6 27 assistance of a Native American observer and develop a mitigation plan to preserve and protect the site or object. 19. 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. 20. 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. 21. 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. 22. 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. 23. Installation of culverts, rock slope protection, or other in-channel structures shall be such that water flow is not -- 5 -- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 26 27 28 impaired and upstream, or downstream passage of fish is assured at all times. 24. Any in-channel construction operations shall be confined to periods when the affected section of Mendocino Creek is void of surface water. 25. 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. 26. An agreement shall be made between the subdivider and the City of Ukiah 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 prior to approval of this Final Map. 27. Final Map shall include a statement defining property setback lines within the Subdivision. PASSED AND ADOPTED this 3 day of October , 1990, by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson NOES: None ABSENT: None -6- CITY OF UKIAH NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AUGUST 7, 1990 RECEIVED AUG 1 1990 MARSHA A. YOUNG, COUNTY CLERK APPLICANT: ROBERT W. HARRIS AND OLAF GROSS PROJECT AND LOCATION: SUBDIVISION APPLICATION NO. 90-22 (MARLENE ESTATES SUBDIVISION) A 27-LOT PLANNED DEVELOPMENT RESIDENTIAL SUBDIVISION ALONG THE SOUTHERLY EXTENSION OF ORCHARD AVENUE, APPROXIMATELY 545 FEET SOUTH OF EAST GOBBI STREET, WEST OF HIGHWAY 101, AKA ASSESSOR'S PARCEL NOS. 180-030-16 AND 31. In accordance with the California Environmental Quality Act, an analysis has been made of possible environmental impacts of the subject project by the City of Ukiah Planning Division Staff. DESCRIPTION OF PROPOSAL The subject property is a vacant nine-acre site lying on-the west side of the 101 Freeway approximately 545 feet south of East Gobbi Street within the corporate boundaries of the City of Ukiah. The project will consist of a total of 12 single-family lots, eight duplex lots, and seven multi-family lots, for a total of 104 living units. The site is to be developed with streets and utilities to City standards. EVALUATION OF PROPOSAL The existing Planned Development Zone requires conformance with the General Plan for land use and density. The subject property is designated Medium High and High Density Residential on the General Plan map. A use permit has been secured and a development plan approved for the Planned Development for which a Negative Declaration of Environmental Impact was prepared and approved. PROJECT FEATURES HAVING POSSIBLE IMPACT 1. Traffic: Any development of this property will necessitate the extension of Orchard Avenue southerly to Marlene Street to accommodate the increased traffic to be generated. A signalized intersection is proposed at Gobbi Street and Orchard Avenue which will direct traffic entering on to Gobbi Street and mitigate the increased traffic. The extension of Orchard Avenue will provide an additional access to the existing development in the Munson Subdivision. Southerly traffic from the new development through the existing residential neighborhood should be minimal in light of the relatively easy access to Gobbi Street and the Freeway. 2. Drainage: The addition of impermeable surfaces to this site will increase runoff. The project will be engineered to direct runoff to the City drainage system. There is no difference between this project and typical residential development in other areas of the City. Evidence available indicates that the amount of increased runoff from the project will not exceed the capacity of the City drainage system or add significant quantities of pollutants to the surface or ground water of the Uktah Valley. 3. Air Quality: Air pollutants, including fireplace and automobile emissions generated by the development, will add to those already existent in the Uktah Valley airshed. This increase is not considered significant as it will be typical of that found in any residential neighborhood. 4. Noise: Noise typical of residential living will be increased to a slight degree by the advent of this development. Noise attenuation measures should be incorporated into construction facing the Freeway and also those properties adjacent to the City Well. The Municipal Airport is in close proximity to this development which may, for that reason, experience noise, vibration, and other effects from aircraft landing and taking off from the Airport. 5. ppen Space: Adequate open space willl.be provided by the dedication of approximately 13,900 square feet of dedicated'.parkland. The CJ. ty's General Plan delineates this area as being deficient in parkland, open space, or recreational facilities to accommodate the residential uses in this locale. The park acreage will be beneficial for those residents in the development. There would likely be a decrease in the number of trips to other nearby recreational property by young children and parents with the inclusion of a park within the development. 6. Creek Maintenance: It is proposed that the existing channel be maintained in its natural state. An easement will be dedicated through the Creek and along one side of the channel for maintenance purposes. Fences will be built at the edge of the easements. The existing Elm Trees lining the Creek will be retained. The Department of Fish and Game has indicated concerns regarding maintaining the existing Creek channel and possible disruption of the existing waterflow of Mendocino Creek. Potentially significant adverse environmental effects of the project will be mitigated as required by the conditions of approval of Use Permit No. 90-21; these conditions will also be applied to the subdivision approval: 1. Traffic: Mitigated by Condition Nos. 6, 7, 10, 11, and 13. 2. Drainage and Impacts to Mendocino Creek: Mitigated by Condition Nos. 6 and 21-26. (Subdivision improvement standards will provide adequate on-site facilities to handle drainage generated by the project.) 3. Lack of open space: Mitigated by Condition No. 17. 4. Noise Impacts: Mitigated by Condition Nos. 15 and 20. 5. Impacts from Construction: Mitigated by Condition Nos. 4 and 5. 6. Energy Consumption Impacts: Mitigated by Condition Nos. 2 and 18. 7. Archaeological Resource Impacts: Mitigated by Condition No. 19. ADDITIONAL FACTORS SUPPORTING A NEGATIVE DECLARATION: 1. Project is compatible with surrounding land uses. It will not disrupt the physical arrangement of an established community. -2- 2. Project will not have a significant adverse effect on air and water quality. 3. Project will not have significant adverse impacts on wildlife, fishlife, or plantlife. The Department of Fish and Game has determined that no rare or endangered species of plants or animals have been discovered within the project area. 4. Project will not cause marked increase in ambient noise levels in the area except during periods of construction. 5. Project will not degrade aesthetic quality of the area. 6. Project will not pose significant threat to human health and safety. 7. Project will not destroy or detract from important recreational areas. 8. Project will not have significant adverse impacts on local government services, utilities, transportation, or solid waste management. The proposed site will be adequately served by the public service facilities which it requires upon installation and dedication of the streets depicted in the development plan and installation of utilities and drainage facilities. The City Fire and Police Departments have indicated that the proposed project will increase demands for service, but there are resources to accommodate the project. ,I The City Engineer has indicated that there are adequate water and sewer facilities to meet the requirements of the project and that consumption of water within the project, in combination with past, present, or probable future projects, will not exceed the supply of water available to the residents of the City of Ukiah. 9. The project will not displace persons. 10. The project site was reviewed by the Northwestern Information Center Department of Anthropology at Sonoma State University who determined that further studies are not recommended since a low possibility of archaeological sites exists. CITY OF UKIAH COMMUNITY DEVELOPMENT DEPARTMENT MICHAEL F. HARRIS, DIRECTOR Planning Assistant AHY:kr MARLENE ESTATES NEGDEC -3- EXHIBIT "B" (Exhibit B is the large scale map attached)