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HomeMy WebLinkAbout1078 zoning map apple aveORDINANCE NO. 1078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a 1.44-acre site comprised of four properties at 760 and 767 Apple Avenue (Assessor Parcel Number 002-050-29, 66, 85 & 86) in the City of Ukiah from the R-3 (High Density Residential) Zoning District to the R-3 P-D (High Density Residential-Planned Development) Combining Zoning District. SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to establish more flexible development standards for lot size, lot width, and yard areas, which will allow the development of 24 individually-owned townhouse units and three common-space lots for outdoor recreation and a paved cul-de-sac terminus at the north end of Apple Avenue, as shown in Exhibit A of this ordinance and subject to the Findings and Conditions of Approval shown in Exhibit B of this ordinance. SECTION THREE This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on May 3, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None Passed and adopted on May 17, 2006, by the following vote: AYES: NOES: None ABSENT: None ABSTAIN: None Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku ATTEST: Marie Ulvila, City Clerk k Ashiku~ Mayor S].L¥1DOSS¥ + JJN~! Z z~ . . z~ EXHIBIT B Findings for Zone Change/Precise Development Plan 05-34: . The precise development plan for the townhouse project is consistent with the Ukiah General Plan since the proposed housing complex is designed in a manner that is consistent with Land Use Element siting criteria for medium to high density residential development and Housing Element implementation measures that encourage the use of "infill" lots that are designated for higher density residential development; , The precise development plan for the townhouse project is consistent with the purpose and intent of the R-3 Zoning District to provide a variety of higher density residential developments, and with the intent of the PD Combining Zone, which provides greater flexibility and design opportunities for such projects; , There is sufficient variety, creativity, and articulation in the architecture of the proposed townhouse structures to avoid monotony or any box-like external appearance and the buildings and surrounding grounds will generally be consistent with, or more attractive than, the design and scale of similar residential structures in the surrounding neighborhood; , The location, size, and intensity of the townhouse complex will not create hazardous or inconvenient impacts to existing vehicular traffic patterns since its development will not cause substantial traffic volume increases or alter existing traffic patterns in a substantial manner; o The inclusion of 'accessible off-street parking areas on each lot and in the common lot areas of the townhouse complex will provide sufficient on-site parking to limit the potential for hazardous or inconvenient conditions to adjacent surrounding uses, particularly since a network of'shared driveways will provide access the Apple Avenue cul-de-sac terminus and street corridor; , The location, size, and intensity of the townhouse project will not create hazardous or inconvenient impacts to pedestrian traffic since its development plan includes pedestrian walkways along both sides of the improved cul-de-sac terminus for Apple Avenue, which has sidewalks along both sides; 7. Sufficient landscaped areas and open spaces have been reserved for purposes of separating or screening the proposed townhouse structures from each other and from adjoining properties; , The proposed townhouse structures will not cut out light or air on the property since the buildings would be constructed along the perimeter areas of the property and would be set back far enough from properties to the north to limit adverse shading patterns on abutting lots; 9. The proposed townhouse structures will not cause excessive damage to or destruction of natural features on the site since there are few substantial resources present; 10. The development of the townhouse planned development will cause no significant adverse environmental effects that will not be mitigated by measures designed to reduce their impact to levels of insignificance, as determined in the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project; and 11. The development of this property with townhouse structures will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district since the proposed planned development is a substantial improvement to existing conditions and will utilize attractive building and site designs that are compatible with surrounding development; I1¥,,~t 12. The relatively unique townhouse project permitted by the establishment of the Menton-Rocha Townhouse Planned Development project will generally be compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the project entails a lower development density than previously permitted, is semi-secluded from the surrounding neighborhood, and will be developed in a manner that is consistent with the surrounding medium to high density lands that surround it. Conditions of Approval for Zone Change/Precise Development Plan 05-34: The following Conditions of Approval shall be made a permanent part of this project, shall remain in force regardless of property ownership, and implemented in order for this entitlement to remain valid: , No building permits shall be issued for any of the residential structures shown on the Precise Development Plan for the Planned Development until the Final Subdivision Map has been approved by the Ukiah City Council and signed by the Mayor of Ukiah. , All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned Development approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. , Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the City Council. o In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 5. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. , The Building Permits for the townhouse units permitted by the Precise Development Plan for the Planned Development shall be issued within two years after the effective date of the Final Subdivision Map (SUB No. 05-35) approval by the City Council, or they shall be subject to the City's permit revocation process and procedures. In the event the Building Permits cannot be issued within the stipulated period from the project approval date, a one year extension may be granted by the Director of Planning if no new circumstances affect the project which otherwise would render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning Department prior to the two-year expiration date. . The approved Precise Development Plan for the Planned Development may be revoked through the City's revocation process if the approved project related to the development plan is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. , Except as otherwise specifically noted, the Precise Development Plan for the Planned Development shall be granted only for the specific purposes stated in the action approving the development plan and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. , Improvement Plans for interior walkways or curb, gutters, sidewalks, driveways and street paving along the Apple Avenue cul-de-sac and street frontage shall be prepared by a licensed civil engineer in accordance with City Standard Drawings and submitted to the Ukiah City Engineer for review. The improvements plans shall be approved by the City Engineer prior to the issuance of any ministerial permits for site preparation activities required for the construction of any residential unit on the subject property. 10. All improvements within the right-of-way for the Apple Avenue cul-de-sac and street frontage shall be constructed in conformance with the approved improvement plans under an Encroachment Permit issued by the Public Works Department. The Encroachment Permit shall be submitted to the City Engineer with a fee equal to three percent (3%) of the cost of the improvements and must be approved prior to the issuance of a Building Permit for the project. 11. All improvements shall be done by a properly licensed Contractor with a current City of Ukiah Business License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property Damage: $1,000,000) and current Workman's Compensation Certificate. 12. Prior to any site development on the subject properties, a Civil Engineer shall design a stormwater detention system that will detain any increase in runoff generated as a result of this project. All storm water generated as a result of development activities shall be detained on- site so as to not create any additional impact on the downstream drainage system. The criteria for design shall be such that the runoff released from the site shall be equal to or less than that which is currently released from the site for any event, up to and including a 50 year event. This design must be submitted to the City Engineer for his approval prior to the issuance of any building or grading permits. The system must be installed prior to the final inspection of any building or grading permits. 13. A letter of confirmation shall be provided to the City Engineer by the designer of the stormwater detention system that the system is consistent with the design approved by the City Engineer. This letter shall be received and verified by the City Engineer prior to any final inspections for building permits. 14. A Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan shall be submitted to the City Engineer/Public Works Director for review and shall be approved prior to the commencement of any grading, site preparation activities, or construction of buildings and paving. A licensed civil engineer shall prepare all drainage calculations and other work done on this Plan, including the following work: a. The extent of modifications to existing drainage patterns; b. The extent of storm drainage improvements and erosion control measures for building pads, driveways, parking lot areas, and other movements of soil; and c. The extent of other development the City Engineer determines could adversely affect existing drainage patterns on the site or on abutting properties or could cause wind or water erosion. 15. The City Engineer/Public Works Director shall permit no site preparation, grading, or construction of buildings and paving on the project site without first reviewing a Final Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan. This plan shall be submitted to the City Engineer/Public Works Director for review and shall be approved prior to the commencement of the activities described above. A licensed civil engineer shall prepare all drainage calculations and other work done on this Plan, including the work described below: a. Stockpiled soil shall be protected from erosion; drainage from all disturbed and stockpiled soils shall be directed on-site to a disposal location approved by the City Engineer. b. All on-site paving shall be a minimum of 2" (inches) of asphalt concrete with a 6" (inch) aggregate base, or, alternatively, any option approved by the City Engineer. c. 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. d. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. e. 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. f. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. g. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 16. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted and City Planning Department staff shall be notified immediately of the discovery. The applicant shall also be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance to determine whether the development of a precise mitigation program will be required prior to the continuation of any site work. 17. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities and Public Works Departments. 18. A Final Landscaping Plan shall be submitted by the project applicant and approved by the Director of Planning prior to the issuance of a Certificate of Occupancy for the building. This plan shall include, but not be limited to the following: a) A planting legend that includes the names, location, coverage area, and canopy cover of proposed vegetation; b) A planting schedule for all vegetation installed on the site; and c) A maintenance schedule for existing or proposed vegetation, including a watering schedule and irrigation system design. 19. All landscaping shall be maintained in a neat, weed-free manner, and may not be removed or substantially altered unless the Director of Planning reviews and approves the removal or replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on the site. Any vegetation removed from the site shall be replaced with similar vegetation approved by the Planning Director. 20. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically screened from view consistent with the architecture of the building upon which it is located. 21. Outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not be visible outside the enclosures. 22. 23. A recycling program that provides the opportunity for all residents of the townhouse development project to recycle shall be implemented prior to the occupancy of any of the buildings and shall remain in effect so long as the structures are occupied. This program shall be reviewed by the Planning Director and approved prior to implementation to ensure it provides efficient recycling 'methods consistency with Ukiah Municipal Code requirements. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Saturday unless additional hours of construction for special construction activities or projects are reviewed and approved by the Planning Director. 24. Prior to the issuance of a Building Permit, a Final Lighting Plan shall be submitted to the Director of Planning and Community Development or his/her designee for review for compliance with Ukiah Municipal Code standards for on-site lighting and with "dark sky" guidelines for reducing nighttime lighting on the site. The Final Lighting Plan shall include details regarding exterior lighting for structures, garden areas, and walkways, with lighting sources that are full cut-off, hooded, and down-cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. Additionally, all lighting shall be the minimum wattage necessary to provide adequate security, yet shall not result in excessively bright night glow. Sufficient details regarding the proposed wattage of all site lights shall be included in the Final Lighting Plan so that the Planning Staff can determine how bright the proposed site lights will be. The Director of Planning and Community Development shall have the authority to require the Final Lighting Plan to be modified (including the wattage) and/or additional information to be submitted so that the lighting meets the requirements listed above. 25. Rental and lease agreements for all of the apartments on the subject properties shall include an advisement to potential renters that a) the apartment complex is located in close proximity to the Ukiah Municipal Airport and is subject to occasional overflights of aircraft taking off or landing at the airport, and b) the number of noise-producing flights may increase in future years. The language in this advisement shall be approved by the Director of Planning prior to the issuance of a Permit of Occupancy for any of the proposed apartment buildings. 26. A stop sign paid for by the applicants shall be installed at the intersection of Apple Avenue and Cherry Street prior to the occupancy of the townhouses. 27. All conditions that do not contain a specific date or time period for completion shall be completed prior to the issuance of a Certificate of Occupancy.