HomeMy WebLinkAbout1101 zoning map amendmentORDINANCE NO. 1101
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 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 2.3-acre property at 1165
South Dora Street (APN 003-130-52; 54; 56; & 57) from CN (Neighborhood Commercial) to CN PD
(Neighborhood Commercial-Planned Development Combining).
SECTION TWO
This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is
necessary to establish a planned development area on the site with standards that will allow the
division of the site into 7 lots, including two lots with flexible lot widths, and one lot with a 41% lot
coverage, and the subsequent establishment of a professional office/mixed use planned
development with existing structures, as shown on Exhibits 1 and 2 of this ordinance and subject to
the Findings and Conditions of Approval shown on Exhibit 3 of this ordinance.
SECTION THREE
This rezoning action and amendment to the official Zoning Map of the City of Ukiah is
effective upon the completion of the land division proposed in the major subdivision component of
the project (SUB 06-40).
SECTION FOUR
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 September 19, 2007 by the following roll call vote:
AYES: Councilmembers Thomas, McCowen, Crane, Baldwin, and Mayor Rodin
NOES: None
ABSENT: None
ABSTAIN: None
Passed and adopted on November 7, 2007, by the following vote:
AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin
NOES: None
ABSENT: None
ABSTAIN: None ~~ ~ ~ ~ G~
Mari Rodin, Mayor
ATTEST:
%~~~- -
~~ _C ~,-,
Linda~6r n;~ lerk ///
2
ATTACHMEf~lT T
EXHIBIT 1
Proposed Tone N[ap Changes for
SFtlTH/DELUCCHE NfIXED-USE PUtNIhlED DEVELOPMEh!'f
Ri ~.4.~
~~ RiM .-..w
._~~R2 .r.,.e„
~RS ~s>n~
~Ci y~~.a
C2 -,.~
.. JPF .....,
PD ~-..~.
a
~J 6fi ,..~
U,ath~a.
I
i~
i],
L..I
l
X
Ir~
IN
IS '
II I
~if.
}I
1
Site Plan of Proposed Lots for
H/DELUCCHIMIXED-USE PLANNED DEVELOPMENT
~, ~ ~
i~ SI II .IJ, Fe=~ iR
pp ~j~ " ro "
C~~S~ 3a :FSa ebb
I °6,: fE.
k~, C: .,
~F
[r l j
'ee i
Ft - - Z
;; ~ i !~ ~
;ii I i ~~
!%F - - ' `' ~'~
_-- i "~
._r-,~
1
U
AA3~
F~
~~
~"
~~
i
ATTACHMENTI
EXHIBIT 2
ATTACHMENT 1
EXHIBIT 3
Page i of 3
Findings and Conditions of Approval for
SMITH/DELUCCHIMIXED-USE PLANNED DEVELOPMENT
FINDINGS:
1. The rezone of the subject property from CN to CN PD and the establishment of a mixed-use
commercial planned development on the site are consistent with the goals and policies of the C
(Commercial) General Plan land use classification, the purpose and intent of the CN Zoning
District, and with the purpose and intent of the PD Combining Zone, which provides greater
flexibility and design opportunities for such projects;
2. There is sufficient variety, creativity, and articulation in the architecture of the existing commercial
buildings to avoid monotony or any box-like external appearance and the buildings and
surrounding grounds will generally be consistent with the design and scale of similar developments
in the surrounding neighborhood;
3. The location, size, and intensity of the existing structures and the adjoining parking lots and access
driveways will not create hazardous or inconvenient impacts to existing vehicular traffic patterns
since these facilities are already developed and in use and will not cause substantial trafficvolume
increases or alter existing traffic patterns in a substantial manner;
4. The subject property is already developed with adequate accessible off-street parking areas that
are located on the proposed lots or will be served with reciprocal access easements, limiting the
potential for hazardous or inconvenient conditions to adjacent surrounding uses;
5. The location, size, and intensity of the project will not create hazardous or inconvenient impacts to
pedestrian traffic since it will utilize an existing pattern of sidewalks well-defined pedestrian access
between the Dora Street corridor and the individual buildings that exist on the site;
6. Sufficient landscaped areas and open spaces have already been developed and will be retained
for purposes of separating or screening the structures on each site from each other and from
adjoining properties;
7. The existing structures that will be retained on the site will not cut out light or air on the property
since the buildings on the site are single-story in height, were constructed along perimeter areas of
the property where they are set back far enough from abutting buildings on the site or on abutting
properties to limit adverse shading patterns on those lots;
8. The planned development will utilize existing buildings with no substantial additions and will not
cause excessive damage to or destruction of natural features on the site since there are few
substantial resources present and the landscape plan will include the retention of existing mature
trees;
9. The development of this property with the planned development will not have a substantial
detrimental impact on the character or value of an adjacent residential zoning district since the
proposed planned project will utilize existing buildings that are compatible with surrounding
development and accepted in the surrounding neighborhood;
6
ATTACHMENT 1
EXHIBIT 3
Page 2 of 3
10. The proposed planned development project will utilize existing structures and infrastructure that is
already generally compatible with surrounding land uses and will not be detrimental to the public's
health, safety, and general welfare since the project entails no increases in the development
density of the site, is fairly self-contained and semi-secluded from the surrounding neighborhood,
and developed in a manner that is consistent with the surrounding land uses.
11. The development of the planned development project is not exempt from the provisions of the
California Environmental Quality Act, but an Initial Study done in accordance with CEQA identified
no potentially significant adverse environmental impacts and a Negative Declaration has bee
prepared for the project.
RECOMMENDED CONDITIONS OF APPROVAL:
No building permits shall be issued for any of the structures shown on the Precise Development
Plan for the Planned Development until the Final Map has been approved by the Ukiah City
Council and signed by the City Engineer.
2. 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.
3. 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 ofthe City
of Ukiah; except where higher standards are imposed bylaw, rule, or regulation or by action of
the City Council.
4. 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.
6. 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.
7. 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.
8. Sewer, water, and electric service shall conform to the specifications of the City Department of
Public Utility.
7
ATTACHMENT 1
EXHIBIT 3
Page 3 of 3
9. All curb, gutter, sidewalk, and street paving along Dora Street which is broken or damaged shall
be removed and replaced as required by the City Engineer.
10. Street improvements along Dora Street, including curb, gutter, sidewalk, ADA-compliant ramps,
and street trees required to comply with City standards shall be as per the City Engineer's
recommendations.
11. All work within the City right-of-way shall be performed by a properly licensed Contractor with a
current City of Ukiah Business License. Contractor must submit copies of proper insurance
coverage (Public Liability, $1,000,000; Property Damage, $1,000,000) and current Workman's
Compensation Certificate.
12. An Encroachment Permit shall be obtained from the City by a licensed contractor prior to doing
any construction within the public street easements. Encroachment permit fee shall be $45
dollars plus three percent (3%) of estimated construction costs. Contractor(s) shall have 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.
13. All on-site paving shall be a minimum of 2" asphalt concrete with a 6" aggregate base, or an
alternative option approved by the City Engineer.
14. The owner of the property shall execute any or all of the following agreements that are required
pursuant to Section 9251 of the Ukiah Municipal Code, and as determined appropriate by the
City Engineer: an easement agreement, a hold harmless agreement and a private property
agreement. These shall include easements for joint use of access driveways, parking, and
other commonly used areas within the planned development.
15. A recycling program that provides the opportunity for all occupants of the existing structures to
recycle shall be implemented by the applicants prior to the occupancy of any of the buildings
and shall remain in effect so long as they are occupied. This program shall be reviewed and
approved by the Director of Planning or his/her designee prior to its implementation to ensure it
provides an efficient method for recycling and is consistent with the requirements of the
Municipal Code.
16. Any outdoor refuse/recycle containers shall be aesthetically screened from view. Garbage
shall not be visible outside the enclosure.
17. In the event that new development occurs within the planned development, all conditions of
approval for the establishment of the planned development shall be listed on the title page of
any plans submitted and it shall be the responsibility of the applicant/developer to ensure that
all contractors responsible for any work on the project fully understand these conditions and
comply fully with their implementation. Any deviation from the terms of these conditions or the
plans/exhibits approved as part of the project shall be submitted to the Director of the Planning
and Community Development for review and shall be approved prior to any work affected by
the modification.
18. 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.
8