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Home My WebLink About1081 amend code div 9 ch 1 & 2ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING AND DELETING CERTAIN SECTIONS FROM DIVISION 9, CHAPTER 1 THE UKIAH CITY CODE, PERTAINING TO SUBDIVISIONS AND DIVISION 9, CHAPTER 2, PERTAINING TO ZONING The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Division 9, Chapter 1, Article 1.1 of the Ukiah City Code is hereby amended by adding the following sections thereto: § 8009: "BUILDING SITE" DEFINED: "Building site" means any area of a lot suitable for constructing a building or buildings. § 8016.5: "MAJOR ACCESS ROADWAY" DEFINED: "Major access roadway" means a right of way, easement, or other privately owned thoroughfare that affords the primary means of access between a dedicated street and two or more lots with less public street frontage than required in the subdivision ordinance. § 8017.5: "MINOR ACCESS ROADWAY" DEFINED: "Minor access roadway" means a right of way, easement, or other privately owned thoroughfare that affords the primary means of access between a dedicated street and a single lot with less public street frontage than required in the subdivision ordinance. SECTION TWO Section 8305 in Division 9, Chapter 1, Article 18 is hereby amended to read as follows. §8305: REQUIREMENTS FOR MINOR SUBDIVISIONS WITH PROPERTY NOT ABU'n'ING A DEDICATED CITY STREET: When a minor subdivision does not satisfy the requirement in Section 8300.B.4, because one or more lots proposed to be subdivided do not abut a dedicated street, the subdivision may still be approvable as a minor subdivision, if the lots created by the subdivision satisfy the following requirements. Such lots shall have a minimum net area of five thousand (5,000) square feet in each building site, excluding any portion of such site with a substandard lot width that is extended to a dedicated street for purposes of access or other purposes ("flag lot") or is burdened by an easement to another parcel for access or other purposes. Easements in a form satisfactory to the City Engineer shall benefit each lot in the proposed subdivision that requires private access to a dedicated street, the purposes of which shall include public utilities, drainage facilities, and the development of an access roadway between the dedicated street and the lots requiring access thereto ("the access easement"). The minimum width of the access easement shall be twenty feet (20'). C. The owner of the property proposed to be subdivided ("the property owner") shall at his/her own expense, install within the access easement all utilities, drainage facilities, and access roadways required to serve the properties created by the subdivision. Do Facilities for the drainage of surface water shall be provided for the lots created by the subdivision. All such facilities shall be designed and constructed in accordance with City design standards or other design methods approved by the City Engineer. E. Within and throughout the length of the access easement, the property owner shall construct an access roadway in accordance with the following requirements: la. A major access roadway shall be constructed to provide ingress and egress between the dedicated street and two or more lots with less public street frontage than required in the subdivision ordinance. This roadway shall have a minimum paved surface width of twenty feet (20% lb. A minor access roadway shall be constructed to provide ingress and egress between the dedicated street and a single lot with less public street frontage than required in the subdivision ordinance. This roadway shall have a minimum paved surface width of twelve feet (12') and may be used for joint access to the property created by the subdivision and an abutting lot with existing public street frontage if the City Engineer determines that the minor access roadway will provide reasonable and safe access for both lots. 2. The surface for any access roadways between the dedicated street and lots created by the subdivision shall consist of a minimum of two inches (2") of asphaltic concrete over a minimum of six inches (6") of Class II aggregate base material or other all-weather surfacing materials which the City Engineer determines will provide equivalent standards of accessibility and durability. 3. The area used for any access roadway between the dedicated street and lots created by the subdivision shall not be considered as part of any building site or be used as any required yard area for the purpose of determining the net area for any of the lots. 4. A building setback with a minimum width of five feet (5') shall be maintained from the edge of pavement for any access roadway. 5. The property owner shall execute an agreement holding the City harmless from any and all claims, demands, liabilities, and damages arising from the use of said access easement by himself or any other parties. 6. The property owner shall execute agreements and other documents as are determined by the City to be necessary to impose an obligation on the owner of each lot benefited by the access easement to maintain facilities constructed within the easement in a condition satisfactory to the City Engineer at the cost of lot owners based on the square footage of each lot divided by the total square footage of all the lots served by the access easement and said facilities. The documents also shall give the City authority to perform any maintenance work on the private roadway and such drainage structures located therein, if the owners of said lots, or their successors or assigns, fail to maintain the private roadway or drainage structures to the reasonable satisfaction of the City Engineer, the costs thereof to constitute liens on said lots. F. A scale map shall be submitted with any application for a building permit and shall set forth the following: 1. The location and area of the access easements. 2. The location of the access roadway within the access easement, stating the grade of the access roadway to be installed, the location of any utilities and drainage facilities, and any other information the City Engineer deems pertinent to the proposed development of properties created by the subdivision. 2 G. The city council, upon the recommendation of the planning commission, may approve exceptions to the required width of easements, as specified above, if the development of a narrower easement is consistent with the findings for exceptions as set forth in Division 9, Chapter 1, Article 19, commencing with Section 8320. SECTION THREE Sections 9251 and 9252 in Division 9, Chapter 2, Article 19 and the definition of "Street Private" in Section 9278 in Division 9, Chapter 2, Article 21 are hereby deleted. SECTION FOUR These amendments are necessary to establish more concise and efficient regulations for the division of lands involving lots with limited public street frontage and to provide more flexible access standards that will allow lot development that is consistent with City infill policies. SECTION FIVE The City Council has determined that the proposed amendments will not cause adverse environmental effects and are, in fact, exempt from the provisions of the California Environmental Quality Act. SECTION SIX This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION SEVEN 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: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None Amended on June 21, 2006, by the following vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. AYES: NOES: None ABSENT: None ABSTAIN: None Adopted on July 5, 2006 by the following roll call vote: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku Gail Petersen, Deputy City Clerk 3