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Chapter 2

Ukiah Zoning Code · 2026-07 edition · updated 2026-07-07 · Ukiah

ZONING

ARTICLE 5.1. REGULATIONS IN EAST GOBBI HOUSING OVERLAY ZONE ("HOZ")

SECTION:

§9054 Purpose And Intent

§9054 PURPOSE AND INTENT

A. This section establishes the East Gobbi Housing Overlay Zone ("HOZ"). The purpose of this Housing Overlay Zone is to allow by-right housing development with a minimum of twenty percent (20%) of the units affordable to lower income households, with objective design and development standards, in order to streamline the housing development permit process.

B. All new multifamily residential development proposed within the HOZ will be subject only to ministerial review for all applicable permits, provided the proposed development complies with the objective design and development standards, and includes a minimum of twenty percent (20%) of the units affordable to lower income households. The objective design and development standards to be used for ministerial review of new multifamily residential development projects are set forth in Chapter 2, Article 5.2 of this division. (Ord. 1212, §6, adopted 2021)

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ARTICLE 5.2. OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS FOR NEW RESIDENTIAL CONSTRUCTION

SECTION:

§9055: Purpose And Intent

§9055.1: Development Standards

§9055.2: Design Standards

§9055 PURPOSE AND INTENT

The purpose of this article is to create a by-right, ministerial approval process for all new residential construction, excluding single-family homes and duplexes. To do so, this article sets forth objective design and development standards that remove barriers to and reduce costs for new residential construction for multifamily housing, while still protecting the residential character of the City’s neighborhoods. (Ord. 1212, §7, adopted 2021; Ord. 1234, §1, adopted 2023)

§9056 PURPOSE AND INTENT

The purpose of this article is to create an expedient ministerial approval process for residential accessory dwelling units (ADUs). To do so, this article sets forth development standards in conformance with the California Government Code and tailored to meet the changing needs of Ukiah communities and expand housing choices in all neighborhoods. (Ord. 1244, §5, adopted 2024; Ord. 1258, §2, adopted 2025)

§9057 PURPOSE AND INTENT

The purpose of this article is to implement the requirements of the Government Code and provisions of the General Plan Housing Element that encourage the production of affordable housing by expanding housing opportunities for all economic segments of the community. (Ord. 1244, §6, adopted 2024; Ord. 1258, §3, adopted 2025)

§9058 PURPOSE

This article implements the provisions of the General Plan Housing Element that encourage new types of housing that meet a wide variety of needs and encourage infill projects on underutilized urban land. As defined, "dwelling groups" is a group of three (3) or more single-family residences or two (2) or more detached duplex buildings, apartments, condominiums, and occupying a parcel of land in the same ownership and having any yard or court in common.

Cottage dwelling groups are a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent low-density residential uses. (Ord. 1249, §5, adopted 2024)

§9060 PURPOSE AND INTENT

The purpose of the Neighborhood Commercial (C-N) Zoning District is to encourage and promote a balanced mix of low intensity professional office, commercial, single-family and multiple-family residential, and quasi-public land uses. The maximum residential density is one to fifteen (15) dwelling units per gross acre of land. Large and incompatible commercial retail stores, such as supermarkets, chain drugstores, convenience stores, and discount clothing stores, are not allowed or permitted. Similarly, highway-serving commercial uses, such as motels, and gas stations/automotive repair businesses are not allowed or permitted. The C-N district is intended to provide low intensity commercial services, such as medical offices, small retail stores, and personal services to the adjacent and integrated residential community. Additionally, the provisions of this article are intended to assure that development is compatible with the surrounding community, in terms of both design and use, and does not adversely impact surrounding properties. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)

§9061 USES ALLOWED

The following uses are allowed in Neighborhood Commercial Zoning Districts, pursuant to the development and operational standards of Article 20 if applicable:

Accessory uses to any allowed or permitted uses.

Accessory dwelling units (ADUs), as regulated by Chapter 2, Article 5.3 of this division.

Animal raising – Personal.

Beekeeping and apiaries. Community gardens. Home occupations.

Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4 of this division.

Low barrier navigation centers.

Outdoor dining. Outdoor sales and display projects. Professional and medical offices, barbershop, beauty shop, drugstore, florist, delicatessen (seating/tables permitted), small grocery store, and all other uses which, in the opinion of the Planning Director, are similar. The Planning Director may refer a determination regarding similar uses to the Planning Commission for a decision. Sidewalk cafe.

Single-family dwelling, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards in section 9068 of this code.

Small and large family daycare homes.

Specialty food and beverage sales with tastings.

Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right. Emergency shelters, small. A mix of any of the above allowed uses. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §8, adopted 2020; Ord. 1216, §4, adopted 2021; Ord. 1244, §7, adopted 2024; Ord. 1257, §6, adopted 2025)

§9062 USES PERMITTED WITH SECURING OF A USE PERMIT

The following uses may be permitted in Neighborhood Commercial (C-N) Districts, subject to first securing an appropriate use permit pursuant to provisions contained in Article 20 of this Chapter: Bakery. Bed and breakfast establishment. Bookstore. Cannabis retailer. Coffee shop. Emergency shelters, large. Medical care facility or hospital. Multiple-family dwellings that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division. Personal service establishment. Places of religious worship, assembly or instruction.

Public or private schools.

Retail stores not listed in section 9061 of this code, except for large commercial retail stores, such as department stores, supermarkets, chain drugstores, and discount clothing stores. Sit-down restaurant or cafe (no drive-through restaurants shall be permitted).

Small and large family child daycare homes. Tailor shop. A mix of any of the above permitted uses.

Other uses which, in the opinion of the Planning Director, are similar. The Planning Director may refer a determination regarding similar uses to the Planning Commission for a decision. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1216, §4, adopted 2021; Ord. 1226, §2, adopted 2022; Ord. 1257, §6, adopted 2025)

§9063 BUILDING HEIGHT LIMITS

The following shall be the maximum limits for height of buildings in Neighborhood Commercial (C-N) Districts:

A. For main buildings, a maximum height of thirty-five feet (35'). B. For accessory buildings, a maximum height of twenty feet (20'). C. To exceed the height limit, a use permit must first be secured. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021) §9064 BUILDING SITE AND LOT AREA REQUIREMENTS

In Neighborhood Commercial (C-N) Districts, the building site area shall be as follows:

A. Commercial: For each main building a minimum of seven thousand (7,000) square feet of area, and a width of seventy feet (70'). B. Residential And Mixed-Use: No minimum building site area. C. Existing lots as of the date of Ordinance 1006 under seven thousand (7,000) square feet are considered legal building sites. D. All newly created parcels shall have a minimum of seven thousand (7,000) square feet of area. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021) §9065 FRONT SETBACK LINES The provisions for front setback lines in Neighborhood Commercial (C-N) Districts shall be as follows: A. On interior lots, the front setback line shall be a minimum of ten feet (10') measured from the street right-of-way line fronting such lot. B. On corner lots, there shall be a front setback line on each street side of a corner lot. The front setback line shall be a minimum of ten feet (10') measured from the street right-of-way line adjacent to such lot. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021) §9066 YARD REQUIREMENTS

In Neighborhood Commercial (C-N) Districts, yards shall be required in the following widths:

A. Front Yards For Single-Story Buildings: On both interior and corner lots the front setback line shall be a minimum of ten feet (10') measured from the street right-of-way line fronting such lot. B. Front Yards For Multiple-Story Buildings: On both interior and corner lots the front setback line shall be a minimum of ten feet (10') for the first story and fifteen feet (15') for the second story measured from the street right-of-way line fronting such lot. C. Side Yards: The minimum depth required shall be five feet (5'). D. Rear Yards: The minimum depth required shall be ten feet (10'). Except in cases where fifty percent (50%) of one side of the block is already built out, the average (median) setback shall apply. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021) §9067 PARKING REQUIREMENTS The minimum parking area and number of on-site parking spaces required in the Neighborhood Commercial (C-N) Zoning District shall be as follows: A. Commercial Uses: 1. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable space. 2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross floor area. 3. Restaurant: One parking space for every three (3) seats, with a minimum of four (4) spaces. An additional parking space for each two (2) employees at maximum shift. 4. Bicycle Parking: Bicycle parking facilities shall be provided in compliance with the requirements and design standards set forth in Sections 9199.B and 9208 of this Code. B. Residential Uses: The minimum parking areas are required for the following residential uses: 1. Single-Family Dwelling: Two (2) on-site parking spaces per unit. 2. Duplex: One and one-half (1.5) on-site parking spaces per unit. 3. Multiple-Family Dwelling: One on-site parking space per unit. C. Other Uses: All other uses are subject to the provisions contained in Chapter 2, Article 17 of this division. D. Exceptions: Relief from the parking requirements in the C-N zoning district may be approved through the discretionary review process, provided a finding is made that there is a unique circumstance associated with the use or property that results in a demand for less parking than normally expected.

E. Rear Or Side Lots: If parking is to be provided on the rear or sides of lots, fencing and landscaping shall be required to effectively screen the development from adjoining properties. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021; Ord. 1268, §6, adopted 2026)

§9068 ADDITIONAL REQUIREMENTS

The following additional requirements are applicable in the Neighborhood Commercial (C-N) Districts:

A. A site development permit shall be required for development projects in the Neighborhood Commercial (C-N) Zoning District, pursuant to the requirements of subsection 9261B of this code, excluding multiple-family residential projects as described in section 9061 of this code that comply with the design and development standards in Chapter 2, Article 5.2 of this division.

B. No fence shall be constructed over three feet (3') in height in any required front yard.

C. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual parcels subject to the following regulations:

  1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

  2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.

  3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.

D. All development projects that are not multiple-family residential projects or do not comply with the design and development standards in Chapter 2, Article 5.2 of this division for multiple-family projects and that require discretionary review in the C-N zoning district shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project and surrounding area. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

  1. All proposed landscaping plans shall comply with the following standards:

a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged.

  • b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access.

c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.

d. Parking lots shall have a perimeter planting strip with both trees and shrubs.

  • e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than 3 feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.

f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors.

g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings.

h. Landscaping plans shall include an automatic irrigation system and lighting plan.

i. All required landscaping for commercial development projects shall be maintained.

j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.

k. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

E. All commercial land uses shall be limited in hours of operation from seven o’clock (7:00) A.M. to six o’clock (6:00) P.M., except where the Planning Commission approves alternative hours through the discretionary permit review process.

F. Existing developments as of the date hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation, and shall be subject to the provisions of section 9209 of this code. (Ord. 1006, §1, adopted 1998; Ord. 1168, §3, adopted 2016; Ord. 1216, §4, adopted 2021)

§9069 DETERMINATION OF APPROPRIATE USE

Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a use permit in the C-N Zoning District, the Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Planning Director shall find as follows:

A. That the use would not be incompatible with other existing or allowed uses in the C-N Zoning District.

B. That the use would not be detrimental to the continuing development of the area in which the use would be located.

C. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted in the Neighborhood Commercial (C-N) Zoning District shall be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director’s actions are final for the City. (Ord. 1006, §1, adopted 1998)

1 Ord. 793, §2, adopted 1982; Ord. 921, §1, adopted 1991; Ord. 950, §1, adopted 1994; rep. by Ord. 1006, §1, adopted 1998)

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CHAPTER 2 ZONING

ARTICLE 7. REGULATIONS IN COMMUNITY COMMERCIAL (C-1) DISTRICT S 1

SECTION:

§9080: Purpose And Intent §9081: Allowed Uses

§9082: Permitted Uses

§9083: Building Height Limits

§9084: Building Site Area Required

§9085: Required Yard Setbacks

§9086: Required Parking

§9087: Additional Requirements

§9088: Determination Of Appropriate Use

§9080 PURPOSE AND INTENT

The purpose of the Community Commercial Zoning District is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. The Community Commercial (C-1) Zoning District is consistent with the commercial (C) general plan land use designation. (Ord. 1006, §1, adopted 1998; Ord. 1216, §5, adopted 2021)

§9081 ALLOWED USES

The following uses are allowed in the Community Commercial (C-1) Zoning District, pursuant to the development and operational standards of Article 20 if applicable:

Accessory uses to any allowed or permitted uses.

Accessory dwelling units (ADUs), as regulated by Chapter 2, Article 5.3 of this division.

Animal raising – Personal.

Beekeeping and apiaries.

Community care facility which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family.

Community gardens.

Condominiums.

Emergency shelters, small.

Hotels, motels, and bed and breakfast establishments.

Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4 of this division.

Live entertainment.

Low barrier navigation centers. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)) that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right. Outdoor dining. Outdoor sales and display projects. Personal improvement and personal service establishments. Places of religious worship, assembly or instruction. Professional offices and banks. Public or private schools. Restaurants. Retail stores. Sidewalk cafe. Small and large family child daycare homes. Specialty food and beverage sales with tastings. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §9, adopted 2020; Ord. 1216, §5, adopted 2021; Ord. 1244, §8, adopted 2024; Ord. 1257, §7, adopted 2025)

§9082 PERMITTED USES

The following uses require approval of an appropriate use permit pursuant to the provisions contained in Article 20 of this Chapter:

Auto repair shop, auto body and painting shop, car wash, auto service (gas) station, and new and used car sales.

Bar, dance hall, live entertainment establishment and nightclub.

Billiard parlor, amusement arcade, and bowling alley. Cabinet shop. Cannabis cultivation – Processor. Cannabis manufacturer – Packaging. Cannabis manufacturer – Shared use. Cannabis manufacturing – Level 1.

Cannabis microbusiness. Cannabis nursery. Cannabis retailer. Cannabis testing laboratory. Community care facility for more than six (6) persons, but not more than twelve (12) persons. Emergency shelters, large. Machine shop. Mini/convenience storage.

Outdoor sales establishments that occur for no more than thirty (30) days within a twelve (12) month period may be considered by the Zoning Administrator. All other applications shall be heard by the Planning Commission. A. All outdoor sales establishments shall comply with the following criteria: 1. Parking: Parking shall be designated for a minimum of three (3) automobiles, located off the public right-of-way with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of sales proposed. 2. Signage: A maximum of twenty-five percent (25%) of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or A-frame sign pursuant to subsection 3227A5 of this code. 3. Utilities: The need for sanitary sewer, water, and electrical services shall be determined through the use permit process, and all hookups shall comply with this code. 4. Business License: Business license must be prominently displayed at all times, and the operator shall have proof of Board of Equalization sales permit. Parking lot. Single-family dwelling (i.e., single-family home, manufactured/modular home, transitional housing, and supportive housing). Manufactured/modular homes shall comply with the additional development standards in section 9087 of this code. Multiple-family dwellings that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division. Mobile home parks. Social halls and lodges. Theater. Veterinarian. (Ord. 1006, §1, adopted 1998; Ord. 1186, §1, adopted 2018; Ord. 1216, §5, adopted 2021; Ord. 1226, §3, adopted 2022; Ord. 1257, §7, adopted 2025) §9083 BUILDING HEIGHT LIMITS The maximum height of any building in a Community Commercial (C-1) District shall be fifty feet (50'). (Ord. 1006, §1, adopted 1998; Ord. 1216, §5, adopted 2021) §9084 BUILDING SITE AREA REQUIRED A. Commercial: For each building or group of buildings a minimum of six thousand (6,000) square feet in area and a minimum width of sixty feet (60') on interior lots; a minimum of seven thousand (7,000) square feet in area and a minimum width of seventy feet (70') on corner lots. B. Residential And Mixed-Use: No minimum building site area. C. Mobile Home Parks: Minimum of two (2) acres. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §5, adopted 2021) §9085 REQUIRED YARD SETBACKS In Community Commercial (C-1) Districts, yards shall be required in the following minimum widths: A. Front Yards For Single-Story Buildings: The front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting such lot. On corner lots, a ten foot (10') vision triangle may be required for traffic safety. B. Front Yards For Multiple-Story Buildings: The front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting such lot (generally being the edge of sidewalk). On corner lots, a ten foot (10') vision triangle may be required for traffic safety. C. Rear And Side Yards: None required except where the rear or side of a lot abuts on an R-1, R-2, or R-3 district, in which case such rear or side yard shall be that of the adjoining zone. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §5, adopted 2021) §9086 REQUIRED PARKING

walk). On corner lots, a ten foot (10') vision triangle may be required for traffic safety. C. Rear And Side Yards: None required except where the rear or side of a lot abuts on an R-1, R-2, or R-3 district, in which case such rear or side yard shall be that of the adjoining zone. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §5, adopted 2021) §9086 REQUIRED PARKING

The minimum parking area required in the Community Commercial (C-1) Zoning Districts shall be as follows: A. Commercial Uses: 1. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area. 2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross leasable floor area. 3. Commercial Recreation And Public Assembly: One parking space for each four (4) person capacity. 4. Restaurant: One parking space for every three (3) seats, with a minimum of four (4) spaces. An additional parking space for each two (2) employees at maximum shift. 5. Bicycle Parking: Bicycle parking facilities shall be provided in compliance with the requirements and design standards set forth in Sections 9199.B and 9208 of this Code. B. Downtown Parking District: All parcels within the downtown parking district No. 1 are not subject to the C-1 zoning district parking standards. These parcels shall comply with the provisions of the downtown parking improvement program. C. Residential Uses: The minimum parking areas are required for the following residential uses: 1. Single-Family Dwelling: Two (2) on-site parking spaces per unit. 2. Duplex: One and one-half (1.5) on-site parking spaces per unit. 3. Multiple-Family Dwelling: One on-site parking space per unit. D. Other Uses: All other uses are subject to the provisions contained in Chapter 2, Article 17 of this division. E. Exceptions: Relief from the parking requirements in the C-1 zoning district may be approved through the discretionary review process, provided a finding is made that there is a unique circumstance associated with the use or property that results in a demand for less parking than normally expected. (Ord. 1006, §1, adopted 1998; Ord. 1216, §5, adopted 2021; Ord. 1268, §7, adopted 2026)

§9087 ADDITIONAL REQUIREMENTS

The following additional requirements are applicable in the Community Commercial (C-1) Zoning District:

A. A site development permit shall be required for development projects in the Community Commercial (C-1) Zoning District, pursuant to the requirements of subsection 9261B of this chapter, excluding multiple-family residential projects as described in section 9081 of this code that comply with the design and development standards in Chapter 2, Article 5.2 of this division.

B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners.

C. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual parcels subject to the following regulations:

  1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

  2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.

  3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

D. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing. Properties within the downtown master plan (DMP) area are exempt from the landscaping requirements. 1. All proposed landscaping plans shall comply with the following standards:

scaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing. Properties within the downtown master plan (DMP) area are exempt from the landscaping requirements. 1. All proposed landscaping plans shall comply with the following standards:

a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access. c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. d. Parking lots shall have a perimeter planting strip with both trees and shrubs. e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than three feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless because of the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. k. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project. E. No fence shall be constructed over three feet (3') in height in any required front yard setback area. F. Existing developments as of the date of this article inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation, and shall be subject to the nonconforming provisions contained in this chapter. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1168, §3, adopted 2016; Ord. 1216, §5, adopted 2021) §9088 DETERMINATION OF APPROPRIATE USE

s article inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation, and shall be subject to the nonconforming provisions contained in this chapter. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1168, §3, adopted 2016; Ord. 1216, §5, adopted 2021) §9088 DETERMINATION OF APPROPRIATE USE

Whenever a use is not listed in this article as a use permitted by right or a use subject to a use permit in the C-1 zoning district, the planning director shall determine whether the use is appropriate for the zoning district, either as a right or subject to a use permit. In making this determination, the planning director shall find as follows: A. That the use would not be incompatible with other existing or allowed uses in the C-1 zoning district. B. That the use would not be detrimental to the continuing development of the area in which the use would be located. C. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the planning director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. All determinations of the planning director regarding whether a use can be allowed or permitted in the community commercial (C-1) zoning district shall be final unless a written appeal to the city council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by city council resolution, is filed with the city clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The city council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the city council may affirm, reverse, revise or modify the appealed decision of the planning director. All city council decisions on appeals of the planning director’s actions are final for the city. (Ord. 1006, §1, adopted 1998)

1 Ord. 793, §2, adopted 1982; Ord. 921, §2, adopted 1991; rep. by Ord. 1006, §1, adopted 1998.

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ARTICLE 8. REGULATIONS IN HEAVY COMMERCIAL (C-2) DISTRICT S 1

SECTION:

§9095: Purpose And Intent §9096: Allowed Uses

§9097: Permitted Uses

§9098: Building Height Limits

§9099: Yards Required §9100: Parking Required §9101: Additional Requirements §9102: Determination Of Appropriate Use

§9095 PURPOSE AND INTENT

The purpose of the Heavy Commercial Zoning District is to provide opportunities for commercial service, wholesale activities, auto repair shops, agricultural supply stores, and other activities which are generally inappropriate in areas developed with professional offices and retail stores. The Heavy Commercial Zone also encourages the integration of multiple-family housing. The Heavy Commercial (C-2) Zoning District is consistent with the commercial (C) general plan land use designation. (Ord. 1006, §1, adopted 1998; Ord. 1216, §6, adopted 2021)

§9096 ALLOWED USES

The following uses are allowed in the Heavy Commercial (C-2) Zoning District, pursuant to the development and operational standards of Article 20 if applicable:

Accessory uses to any allowed or permitted uses.

Accessory dwelling units (ADUs), as regulated by Chapter 2, Article 5.3 of this division.

Animal raising – Personal.

Beekeeping and apiaries.

Business service.

Cabinet shop, sign shop, and machine shop.

Community gardens.

Construction sales and service. Equipment repair shop. Family daycares, large and small. Farm equipment sales and feed stores. Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4 of this division. Laundry service and laundromat. Low barrier navigation centers. Mini/convenience storage. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)) that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right. New and used automobile sales. Outdoor dining. Outdoor sales and display projects. Recycling facility. Safety service. Service (gas) station, automobile repair, automobile body and painting shop, and car washing facility. Sidewalk cafe. Specialty food and beverage sales with tastings. Transportation service. Warehousing and distribution (limited). Wholesale store. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §10, adopted 2020; Ord. 1216, §6, adopted 2021; Ord. 1244, §9, adopted 2024; Ord. 1257, §8, adopted 2025) §9097 PERMITTED USES The following uses require approval of an appropriate use permit pursuant to the provisions contained in Article 20 of this Chapter: Cannabis cultivation – Large indoor. Cannabis cultivation – Large mixed light. Cannabis cultivation – Medium indoor. Cannabis cultivation – Medium mixed light. Cannabis cultivation – Processor. Cannabis cultivation – Small indoor. Cannabis cultivation – Small mixed light.

Cannabis cultivation – Specialty cottage. Cannabis cultivation – Specialty indoor. Cannabis cultivation – Specialty mixed light. Cannabis distribution. Cannabis manufacturer – Packaging. Cannabis manufacturer – Shared use. Cannabis manufacturing – Level 1. Cannabis microbusiness. Cannabis nursery. Cannabis retailer. Cannabis testing laboratory.

Establishment, maintenance, operation and removal of circuses, carnivals, amusement parks, open air theaters, or other similar temporary establishments involving large assemblages of people. Hotels, motels, and bed and breakfast establishments.

Light industrial and manufacturing uses.

Mobile home parks. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)) that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division. Outdoor sales establishments that occur for no more than thirty (30) days within a twelve (12) month period may be considered by the Zoning Administrator. All other applications shall be heard by the Planning Commission. A. All outdoor sales establishments shall comply with the following criteria: 1. Parking: Parking shall be designated for a minimum of three (3) automobiles, located off the public right of way with no automobile maneuvering permitted in the public right of way. The use permit may require additional parking, depending on the nature of sales proposed. 2. Signage: A maximum of twenty five percent (25%) of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or "A" frame sign pursuant to subsection 3227A5 of this code. 3. Utilities: The need for sanitary sewer, water, and electrical services shall be determined through the use permit process, and all hookups shall comply with this code.

  1. Business License: Business license must be prominently displayed at all times, and the operator shall have proof of board of equalization sales permit. Parks, playgrounds, community gardens, and other recreational uses.

Public and quasi-public buildings, structures and uses. Resident manager/security personnel housing. Retail stores, restaurants, and professional offices. Temporary uses complying with the purpose and intent of this district. The temporary use shall be for a maximum period of six (6) months, and shall be subject to permit renewal/time extension at the discretion of the planning director. Warehousing and distribution (general). (Ord. 1006, §1, adopted 1998; Ord. 1186, §2, adopted 2018; Ord. 1216, §6, adopted 2021; Ord. 1226, §4, adopted 2022; Ord. 1257, §8, adopted 2025) §9098 BUILDING HEIGHT LIMITS The maximum height of any building in a C-2 district shall be as follows:

A. Fifty feet (50') for primary buildings.

  • B. Thirty feet (30') for accessory buildings.

C. To exceed the height limits for primary and accessory buildings, a use permit must first be secured. (Ord. 1006, §1, adopted 1998; Ord. 1216, §6, adopted 2021) §9099 YARDS REQUIRED In C-2 districts yards shall be required in the following minimum widths: A. Front Yards For Single-Story Buildings: On both interior and corner lots the front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting such lot. On corner lots, a ten-foot (10') vision triangle may be required for traffic safety. B. Front Yards For Multiple-Story Buildings: The front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting each side of the lot. On corner lots, a ten-foot (10') vision triangle may be required for traffic safety. C. Rear And Side Yards: None required except where the rear or side of a lot abuts on an R-1, R-2, or R-3 district, in which case such rear or side yard shall be that of the adjoining zone. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §6, adopted 2021) §9100 PARKING REQUIRED

The minimum parking area required in the Heavy Commercial (C-2) Zoning District shall be as follows:

A. Commercial Uses:

  1. Wholesale Stores: One parking space for each four hundred (400) square feet of gross leasable space.

  2. Automobile Sales: One space for each five hundred (500) square feet of floor area plus one space for each two thousand (2,000) square feet of outdoor display area.

  3. Cabinet Shop, Machine Shop, And Sign Shop: One space for each employee on the maximum shift plus required space for office areas. Two (2) spaces are also required for customer parking, and one space for each vehicle operated from or on the site. 4. Warehouse, Mini/Convenience Storage: One parking space for each two thousand five hundred (2,500) square feet. Four (4) additional spaces are also required for customers, one parking space for each two (2) employees at maximum shift, and one space for each vehicle operated from or on the site.

  4. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area.

  5. Bicycle Parking: Bicycle parking facilities shall be provided in compliance with the requirements and design standards set forth in Sections 9199.B and 9208 of this Code. B. Residential Uses: The minimum parking areas are required for the following residential uses:

  6. Multiple-Family Dwelling: One on-site parking space per unit.

C. Other Uses: All other uses are subject to the provisions contained in Chapter 2, Article 17 of this division.

D. Exceptions: Relief from the parking requirements in the C-2 zoning district may be approved through the discretionary review process, provided a finding is made that there is a unique circumstance associated with the use or property that results in a demand for less parking than normally expected. (Ord. 1006, §1, adopted 1998; Ord. 1216, §6, adopted 2021; Ord. 1268, §8, adopted 2026)

§9101 ADDITIONAL REQUIREMENTS

The following additional requirements are applicable in the Heavy Commercial (C-2) Zoning District:

A. A site development permit shall be required for development projects in the Heavy Commercial (C-2) Zoning District, pursuant to the requirements of subsection 9261B of this code, excluding multiplefamily residential projects as described in section 9096 of this code that comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division.

B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners.

C. All development projects in the C-2 zoning district that are not multiple-family residential projects or do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division require discretionary review and shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

  1. All proposed landscaping plans shall comply with the following standards:

a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged.

b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access.

c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.

d. Parking lots shall have a perimeter planting strip with both trees and shrubs.

e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than three feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.

. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than three feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.

f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors.

g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings.

h. Landscaping plans shall include an automatic irrigation system and lighting plan.

  • i. All required landscaping for commercial development projects shall be maintained.

j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.

k. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

  • D. No fence shall be constructed over three feet (3') in height in any required front yard setback area.

E. Existing developments as of the date of this article inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation, and shall be subject to the nonconforming provisions contained in this chapter. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1168, §3, adopted 2016; Ord. 1216, §6, adopted 2021)

§9102 DETERMINATION OF APPROPRIATE USE

Whenever a use is not listed in this article as a use permitted as of right or a use subject to a use permit in the C-2 zoning district, the planning director shall determine whether the use is appropriate for the zoning district, either as of right or subject to a use permit. In making this determination, the planning director shall find as follows:

A. That the use would not be incompatible with other existing or allowed uses in the C-2 zoning district.

B. That the use would not be detrimental to the continuing development of the area in which the use would be located.

C. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the planning director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. All determinations of the planning director regarding whether a use can be allowed or permitted in the heavy commercial (C-2) zoning district shall be final unless a written appeal to the city council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by city council resolution, is filed with the city clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The city council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the city council may affirm, reverse, revise or modify the appealed decision of the planning director. All city council decisions on appeals of the planning director’s actions are final for the city. (Ord. 1006, §1, adopted 1998)

1 Ord. 793, §2, adopted 1982; Ord. 828, §1, adopted 1984; rep. by Ord. 1006, §1, adopted 1998.

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CHAPTER 2 ZONING

ARTICLE 9. REGULATIONS IN MANUFACTURING (M) DISTRICTS

SECTION:

§9110: Manufacturing Or (M) District §9111: Uses Allowed §9112: Uses Permitted Subject To First Securing A Use Permit §9113: Building Height Limit §9114: Building Site Area Required

§9115: Yards Required §9116: Parking Required

§9117: Additional Requirements

§9110 MANUFACTURING OR (M) DISTRICT

The regulations contained in this Article shall apply in all Manufacturing (M) Districts and shall be subject to the provisions of Article 16 of this Chapter. The purpose of this Article is to implement the general plan policies for industrial areas. (Ord. 793, §2, adopted 1982)

§9111 USES ALLOWED

The following uses are allowed in Manufacturing (M) Districts, pursuant to the development and operational standards of Article 20 if applicable:

A. Wholesale and storage establishments; light and heavy industrial and manufacturing use which, in connection with, has no appreciable offensive or objectionable noise, odor, dust or nuisance factor; such as service stations, auto wrecking, blacksmith shops, building materials yards, feed and fuel yards, junk yards, lumber yards, machine shops, planing mills, storage of goods and materials, and other uses which in the opinion of the Planning Commission are of a similar nature.

B. Accessory uses to any allowed or permitted uses.

C. Animal raising – Personal.

D. Beekeeping and apiaries.

E. Community gardens.

F. Outdoor sales and display projects. (Ord. 793, §2, adopted 1982; Ord. 1257, §9, adopted 2025)

§9112 USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT

The following uses may be permitted in Manufacturing (M) Districts subject to first securing an appropriate use permit, as provided in Article 20 of this Chapter, in each case:

Cannabis cultivation – Large indoor.

Cannabis cultivation – Large mixed light. Cannabis cultivation – Medium indoor. Cannabis cultivation – Medium mixed light. Cannabis cultivation – Processor. Cannabis cultivation – Small indoor. Cannabis cultivation – Small mixed light. Cannabis cultivation – Specialty cottage. Cannabis cultivation – Specialty indoor. Cannabis cultivation – Specialty mixed light. Cannabis distributor. Cannabis manufacturer – Level 1. Cannabis manufacturer – Packaging. Cannabis manufacturer Level 1 – Shared Use. Cannabis microbusiness. Cannabis nursery. Cannabis retailer. Cannabis testing laboratory. Industrial, manufacturing, or storage uses which may be objectionable by reason of production of smoke, dust, noise, radioactivity, vibration, bright light or other causes. Recreational uses, hotels, motels, mobile home parks, retail stores, offices, service establishments. Resident manager/security personnel housing. (Ord. 828, §2, adopted 1984; Ord. 1186, §3, adopted 2018; Ord. 1226, §5, adopted 2022; Ord. 1257, §9, adopted 2025)

§9113 BUILDING HEIGHT LIMIT

The maximum height of any building in Manufacturing (M) Districts shall by fifty feet (50’). (Ord. 793, §2, adopted 1982)

§9114 BUILDING SITE AREA REQUIRED

In Manufacturing (M) Districts the building site area required for each main building shall be a minimum of seven thousand (7,000) square feet in area. (Ord. 793, §2, adopted 1982)

§9115 YARDS REQUIRED

In Manufacturing (M) Districts yards shall be required in the following minimum widths:

A. Front Yards: None required on interior parcels. On corner parcels there shall be a ten foot (10’) setback for a distance of ten feet (10’) along both street frontages measured from the point where the property lines meet at the corner.

B. Rear and Side Yards: None required, except where the rear or side of a lot abuts on an R-1, R-2 or R-3 District in which case the rear or side yard shall be that of the adjoining zone. (Ord. 793, §2, adopted 1982)

§9116 PARKING REQUIRED

The minimum parking area required in Manufacturing (M) Districts shall be that determined by §9198. (Ord. 793, §2, adopted 1982)

§9117 ADDITIONAL REQUIREMENTS

A. All new construction, exterior modifications to existing buildings or on-site work shall require a Site Development Permit. (Ord. 793, §2, adopted 1982) Home Previous Next

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CHAPTER 2

ZONING

ARTICLE 10. REGULATIONS IN COMBINING AGRICULTURAL (-A) DISTRICTS

SECTION:

§9125: Combining Agricultural Or -A Districts

§9126: Uses Allowed

§9127: Uses Permitted

§9125 COMBINING AGRICULTURAL OR -A DISTRICTS

A Combining Agricultural (-A) District may be combined with any district or portion of a district defined in this chapter. The regulations contained in this article, and the regulations governing any district which is combined with a Combining Agricultural (-A) District shall apply in all combining Agricultural (-A) Districts. (Ord. 793, §2, adopted 1982; Ord. 1253, §3, adopted 2025)

§9126 USES ALLOWED

The following uses are allowed uses in Combining Agricultural (-A) Districts in addition to the uses allowed or permitted in any district with which an (-A) District is combined and providing the property is a minimum of five (5) acres in size:

A. Animal raising – Personal.

  • B. Forest production and processing – Limited.

  • C. Horticulture.

D. Packing and processing – Limited.

  • E. Row and field crops.

  • F. Tree crops.

G. Farm stand. (Ord. 793, §2, adopted 1982; Ord. 1253, §3, adopted 2025)

§9127 USES PERMITTED

The following uses may be permitted in a Combining Agricultural (-A) District subject to first securing a minor use permit, as provided in this chapter, in each case, in addition to the uses allowed or permitted in any district with which a (-A) district is combined and provided the property is a minimum of five (5) acres in size:

  • A. Animal raising – General agriculture.

  • B. Animal sales and services – Kennels.

  • C. Animal sales and services – Horse stables.

  • D. Animal sales and services – Veterinary (large animals).

E. Employee housing.

F. Outdoor or Mixed-Light Commercial cannabis cultivation of all license types set forth in California Code of Regulations, title 4, sections 16201 and 16201.1, as may be amended from time to time. (Ord. 793, §2, adopted 1982; Ord. 1253, §3, adopted 2025)

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CHAPTER 2 ZONING

ARTICLE 11. REGULATIONS IN HILLSIDE (-H) DISTRICT

SECTION:

§9135: Purpose And Intent

§9135.5: Definitions

§9135.6: Maintenance

§9136: Yard And Building Site Requirements In Designated -H Districts

§9137: Front Setback Lines

§9138: Exceptions To Front Setback Lines

§9139: Hillside Development Standards

§9135 PURPOSE AND INTENT

A hillside (-H) district may be combined with any district or portion of a district defined in this chapter. The regulations contained in this article, and the regulations governing any district which is combined with a hillside (-H) district where not inconsistent with the regulations set forth in this article, shall apply in the hillside (-H) district. The purpose of this section is to implement the hillside designation of the general plan and provide site standards to promote fire and geologic safety and aesthetic qualities. The intent of this district is to:

  • A. Encourage concentration of dwellings and other structures by clustering and/or high rise to help save larger areas of open space and preserve the natural terrain;

  • B. Encourage the planning, design, and development of building sites in such a fashion as to provide the maximum in safety and human enjoyment while adapting development to, and taking advantage of, the best use of the natural terrain;

  • C. Prohibit, insofar as is feasible and reasonable, padding or filling of building sites in the hillside areas;

  • D. Ensure underground installation of utility wires and television lines;

  • E. Preserve outstanding natural physical features, such as the highest crest of a hill, natural rock outcroppings, major tree belts, etc.;

  • F. Minimize grading and cut and fill operations consistent with the retention of the natural character of hill areas;

  • G. Minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet on site and off site development needs;

  • H. Achieve land use densities that are in keeping with the general plan; densities will decrease as the slope of the terrain increases in order to retain the significant natural feature of the hill areas. (Ord. 1125, §1, adopted 2010)

§9136 YARD AND BUILDING SITE REQUIREMENTS IN DESIGNATED -H DISTRICTS

§9137 FRONT SETBACK LINES

In the hillside (-H) district, no building construction shall be permitted or allowed at any distance closer to the street right of way line along any adjacent street than the distances set forth in subsection 9139A2 of this article for minimum front yards. Corner lots shall be considered as having a front setback on both adjacent street frontages. (Ord. 1125, §1, adopted 2010)

§9138 EXCEPTIONS TO FRONT SETBACK LINES

The exceptions to the front setback requirement set forth in section 9020 of this chapter shall not apply in the -H district. (Ord. 1125, §1, adopted 2010)

§9139 HILLSIDE DEVELOPMENT STANDARDS

Any parcel of land or subdivision having an average ground gradient across any portion of the property in excess of fifteen percent (15%) shall require a use permit for development. Specific criteria for density, circulation and lot requirements shall be determined on an individual basis utilizing geologic and soils reports, vegetation surveys and aesthetic evaluation. Minimum lot size in this zone shall be ten thousand (10,000) square feet.

A. Minimum Site And Development Standards:

  1. Lot Size: Lot size, retention of land in natural state based upon average parcel slope.
Development Standards
Average Parcel Slope **Minimum Lot Size ** Minimum Percent Of Property To
Be Retained In Natural State
15% to 20% 10,000 sq. ft. 40
Greater than 20% to 25% 20,000 sq. ft. 50
Greater than 25% to30% 1 acre 75
Greater than 30% to 50% 5 acres 85
Greater than 50% 10 acres Maximum amount possible in order to
allow 1 dwelling unit and associated
improvements (road, driveway,
utilities) needed to serve the dwelling
and comply with state of California
department of forestry and fire
protection requirements. Accessory
dwellings are prohibited. Use permit
process will determine the location of
the dwelling and associated
improvements

a. Calculating Natural State: The minimum amount of the parcel to be retained in natural state shall be based on the gross area of the parcel and calculated by multiplying the gross area of the parcel by the minimum percentage to be retained in natural state, except as allowed by the following:

(1) When previously graded or disturbed areas (such as road, driveway, grading, building site) existing prior to the adoption of the first hillside ordinance are used as part of the proposed development or redevelopment of the site, they shall be included in the gross square footage of the parcel used to calculate the minimum percentage of the parcel required to be retained in natural state. This section shall apply when the project results in the reuse of an area(s) previously graded or disturbed.

(2) When previously graded or disturbed areas (such as road, driveway, building site) existing prior to the adoption of the first hillside ordinance are not used as part of the development or redevelopment of the site, they shall not be included in the gross square footage of the parcel used to calculate the minimum percentage of the parcel required to be retained in natural state. This section shall apply when the project results in an increase in the grading/disturbance of the parcel.

ng prior to the adoption of the first hillside ordinance are not used as part of the development or redevelopment of the site, they shall not be included in the gross square footage of the parcel used to calculate the minimum percentage of the parcel required to be retained in natural state. This section shall apply when the project results in an increase in the grading/disturbance of the parcel.

(3) Additional areas that are blended and/or contoured as part of the development proposal in order to simulate the natural grade and/or contour of the site prior to the development and are planted with native vegetation, or in the case of areas required to be maintained as defensible space by the state of California department of forestry and fire protection consistent with the DOF landscaping requirements for defensible space may also be included as natural state when approved by the decision making authority as part of their review of a discretionary application.

Plans shall be submitted as part of the discretionary application that demonstrate how the grade/contour will approximate the natural state, how this will be accomplished, and the trees and vegetation that will be planted.

  1. Setbacks: Minimum thirty feet (30’) from all property lines, and thirty feet (30’) from ridge top or toe of slope for gradient in excess of fifteen percent (15%).

  2. Disclosure: Property purchase/sale transaction shall include full disclosure of fact that property is within fire hazard area.

  3. Building Material: No combustible roof material as determined by the fire marshal and the building official shall be used on buildings in this zone.

  4. Water Supply And Fire Hydrants: The following shall be required:

a. Slopes of twenty percent (20%) and less: Two (2) hours supply with fire flow capability of seven hundred fifty (750) gallons per minute at twenty (20) psi. Fire hydrants maximum three hundred thirty feet (330’) apart with six inch (6") main line. b. Slopes in excess of twenty percent (20%): Two (2) hour supply with fire flow capability of five hundred (500) gallons per minute at twenty (20) psi. Fire hydrants maximum six hundred sixty feet (660’) apart with six inch (6") main line.

  1. Subdivisions: In subdivision developments with full width city streets, proposed firebreaks or other separations from wildland areas may have other requirements based upon specific design.

B. Use Permit Procedure: Prior to any construction or grading in this district, a use permit shall be approved by the planning commission.

Additional information or data may be required as determined necessary by the director of planning. The following reports shall be required with each application.

C. Soil Reports: 1. A soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of sites to be developed.

  1. The investigation and subsequent report shall be completed by a professional engineer registered in the state of California, and experienced and knowledgeable in the practice of soils mechanics.

  2. Recommendations included in the report and approved by the engineer shall be incorporated into the design plan or specifications.

  3. Any area which presents one or more of the following limiting factors shall not be subjected to development unless the engineer can demonstrate conclusively to the commission that these limitations can be overcome in such a manner as to prevent hazard to life, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel and adverse impact on the natural environment. a. Water table within six feet (6’) of the surface at any time of the year.

b. Soils with a high shrink-swell potential.

c. Soils with a unified classification of unstable soil types.

D. Geology Reports:

  1. A geology report shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed.

  2. The investigation and subsequent report shall be completed by a professional geologist registered in the state of California and experienced and knowledgeable in the practice of engineering geology.

  3. Any area which the investigation indicates has geological hazards shall not be subjected to development unless the geologist can demonstrate conclusively to the commission that these hazards can be overcome in such a manner as to prevent hazard to life or limb, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel, and adverse impact on the natural environment.

E. Subsurface Investigations: For both soil and geologic reports, subsurface investigation shall be performed throughout the area to sufficiently describe the existing conditions.

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In particular, subsurface investigations shall be conducted where stability will be lessened by proposed grading or filling or where any of the following conditions are discovered or proposed:
1. Fault zones, where past land movement is evidenced by the presence of a fault gorge;
2. Contact zones between two (2) or more geologic formations;
3. Zones of trapped water or high water table;
4. Bodies of intrusive materials;
5. Historic landslides or where the topography is indicative of prehistoric landslides;
6. Adversely sloped bedding plains, short range folding, overturned folds and other geologic formations of similar importance;
7. Locations where a fill slope is to be placed above a cut slope;
8. Proposed cuts exceeding twenty feet (20’) in height, unless in extremely competent rock;
9. Locations of proposed fills exceeding twenty feet (20’) in height;
10. Where side hill fills are to be placed on existing slopes steeper than sixteen percent (16%);
11. Wherever groundwater from either the grading project or adjoining properties is likely to substantially reduce the subsurface stability.
F. Hydrology Report:
1. A hydrology report shall include a description of the hydrology of the site, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, and opinions and
recommendations covering the adequacy of sites to be developed.
2. The investigation and subsequent report shall be completed by a qualified registered professional, experienced and knowledgeable in the science of hydrology and in the techniques of hydrologic
investigation.
3. Any area which the investigation indicates has hydrological hazards shall not be subject to development unless the professional can demonstrate conclusively to the commission that these hazards can be
overcome in such a manner as to prevent hazard to life or limb, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel, and adverse impact on the natural
environment.
4. Flood frequency curves shall be provided for the area proposed for development.
G. Vegetation Report:
1. A vegetation report shall include a description of the vegetation environment of the site (species, height, size, general condition, location), conclusions and recommendations regarding the effect of
proposed development on the site’s vegetation, and opinions and recommendations covering the adequacy of sites to be developed.
2. The investigation and subsequent report shall be completed by a qualified registered professional, experienced and knowledgeable in the science of botany and in the techniques of vegetation investigation.
3. Any area which the investigation indicates has rare or endangered flora species shall not be subjected to development unless the professional can demonstrate conclusively to the commission that these can
be mitigated.
H. Structure Elevations: Views of all sides of proposed structures and perspectives of the proposed development from two (2) different angles.
I. Grading Plan: The grading plan shall include information concerning the existing physical characteristics of the area as well as data on anticipated changes as a result of the grading operation. It will also
include a description of the grading process itself which will note times and exact location of proposed earthmoving activities. The plan shall include:
1. An accurate plot plan showing buildings, roads, utilities or other improvements within the area and adjacent thereto.
2. A map drawn to a scale approved by the planning department showing accurate contours at two foot (2’) intervals of the topography of the property and the area adjacent within fifteen feet (15’). Elevations
to be based on USGS data.
3. Cross section showing both the original and proposed ground surfaces, with grades, slopes and elevation noted.
4. Detailed plans of all drainage devices, walls, cribbing, dams or other protective devices to be constructed in connection or as part of the proposed work.
5. A map showing the drainage area and estimated runoff of the area served by any drains and proposed methods of runoff disposal.
6. A soil stabilization report including final ground cover, landscaping and erosion control measures to prevent soil loss when the grading is in process.
7. A description of equipment and methods to be employed in processing and disposing of soil and other material that is removed from the grading site, including the location of disposal sites.
8. A schedule showing when each stage of the project will be completed, including estimated starting and completion dates, hours of operation and days of week of operation.
9. Specifications controlling construction methods and materials in construction of the work, including:
a. Provisions for control of grading operations within the construction area and on public roads.
b. Safety precautions to be observed and facilities to be provided.
c. Compliance with laws and local regulations.
d. Control of dust.
e. Other related matters. (Ord. 1125, §1, adopted 2010)
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Home Previous Next CHAPTER 2 ZONING ARTICLE 11.5. REGULATIONS IN OPEN-SPACE (O-S) DISTRICTS

SECTION:

§9140: Purpose And Intent §9141: Definitions

§9142: Allowed Uses §9143: Permitted Uses §9144: Height Limits §9145: Site Area §9146: Setbacks §9147: Parking §9148: Additional Requirements §9149: Determination Of Appropriate Use

§ 9140 PURPOSE AND INTENT

The purpose of the Open-Space (O-S) zoning district is to conserve natural resources, preserve ecological systems, protect scenic and cultural landscapes, and provide opportunities for passive recreation and public access where appropriate. This designation is intended to identify lands not suited for development or to land most valuable in an undeveloped state. Factors limiting the development of land would include such constraints as unstable soils, high fire hazard, remote location, poor access, or susceptibility to flooding. Valuable natural areas could include rare and endangered species and habitat, wildlife corridors, riparian vegetation zones, areas with creeks or water features, or designated scenic resources.

The O-S District is consistent with the Open-Space, Public, Agriculture, and Recreational Land Use Designations in the General Plan. The regulations contained in this Article shall apply in all Open-Space (OS) Districts except for the Airport Industrial Park Planned Development – Open Space designation. (Ord. 1262, §2, adopted 2025)

§ 9141 DEFINITIONS

For purposes of this Article, the words and phrases set out herein shall have the following meanings within the Open-Space Zoning District:

BOARDWALKS AND ELEVATED WALKWAYS: Structures that allow passage over sensitive areas such as wetlands or riparian zones, reducing ground disturbance and preserving natural hydrology and vegetation. CAMPGROUND – OPEN-SPACE: Areas designated for overnight camping, including tent sites, fire rings, picnic tables, and restrooms, with minimal permanent infrastructure, intended for recreational use compatible with natural open space settings.

CULTURAL, HISTORICAL, OR ARCHAEOLOGICAL INTERPRETIVE FACILITIES: Facilities or installations that convey the cultural, historical, or archaeological significance of a site through signage, exhibits, or programming. Such uses shall be low-impact and compatible with preservation of the surrounding environment.

ENVIRONMENTAL EDUCATION CENTERS: Small-scale facilities dedicated to outdoor learning, interpretation, and stewardship. May include classrooms, demonstration gardens, or displays focused on ecology, conservation, and sustainable practices, provided they maintain the character of the surrounding open space.

FIREBREAK: A linear or perimeter strip of land or area where combustible vegetation and materials are removed or reduced to a noncombustible condition to slow or stop wildfire spread and support firefighting operations. Width, location, and maintenance shall comply with the applicable fire code or an approved Fuels Management, Vegetation Management/Wildfire Mitigation Plan. GRAZING: The controlled feeding of livestock on open land for the purpose of vegetation management, fuel reduction, or habitat restoration, consistent with an approved conservation, fuel management, or habitat restoration plan. HABITAT BANKING OR MITIGATION SITES: Lands preserved, enhanced, or restored to offset environmental impacts elsewhere, typically under a conservation easement or regulatory agreement. These areas support long-term ecological functions and comply with state or federal mitigation requirements. INTERPRETIVE SIGNAGE AND EDUCATIONAL KIOSKS: Signs or display stations designed to inform visitors about the natural, cultural, or historical features of a place. They often include text, images, maps, or interactive elements. NATIVE PLANT PROPAGATION; NURSERY AREAS: Designated spaces used to grow and reproduce local, native plant species, usually from seeds or cuttings to support restoration, conservation, or landscaping projects that aim to preserve the local ecosystem. NON-OBTRUSIVE TOWER: A structure intended for wildfire detection, environmental monitoring, emergency communication, or similar public safety functions, and is designed to have minimal visual and environmental impact. These towers are typically slender, uninhabited, and constructed using neutral colors or materials that help them blend with the surrounding landscape. They avoid prominent placement on ridgelines or scenic vistas whenever possible and do not include large equipment shelters or features that would significantly alter the natural character of the site. Lighting is not permitted unless required by state or federal safety regulations. OUTDOOR EDUCATION: Organized programs that provide structured instruction and hands-on learning in outdoor or natural settings, including field studies, environmental science, ecology, outdoor skills, and natural interpretation. PARKING LOTS (TRAILHEADS OR OPEN-SPACE ACCESS): Surface parking areas intended solely to support public access to trails, parks, or open space areas. These lots shall be minimally sized, use permeable materials where feasible, and be sited to reduce visual and environmental impacts. PUBLIC PARKS AND RECREATION AREAS WITH LIMITED FACILITIES: Open space areas accessible to the public for passive or low-impact recreation, such as walking, wildlife viewing, or picnicking. May include benches, restrooms, or shade structures, but do not permit large-scale or intensive recreational infrastructure.

REWILDING: The restoration or protection of land and ecosystems to support native species, natural processes, and ecological functions, with minimal ongoing human management.

SLOPE STABILIZATION: Engineering, vegetative, and bioengineering measures to prevent or correct slope failure and erosion, including grading/terracing, soil reinforcement, rockery/riprap, retaining systems, slope drains, and temporary/permanent erosion control BMPs (e.g., silt fence, fiber rolls, hydro-mulch, check dams, sediment basins). SPECIAL EVENTS OR TEMPORARY USES CONSISTENT WITH OPEN-SPACE VALUES: Short-term activities such as nature walks, educational workshops, cultural gatherings, or community celebrations that promote awareness, stewardship, or enjoyment of open space resources without significant alteration of the site. TRAIL, BICYCLE (SHARED-USE PATH): A Public Trail or path primarily designed for bicycle travel, typically with a stabilized surface for bicycle traffic. Equestrian and pedestrian use is not allowed unless expressly posted and designed. TRAIL, EQUESTRIAN: A Public Trail primarily designed, constructed, and maintained for horseback riding. May run parallel to, or be separated from, a Multi-Use Trail. Includes equestrian- specific features such as hitching rails, mounting blocks, manure bins, and trail width/clearance suitable for horses. TRAIL, MULTI-USE: A Public Trail designed and signed for concurrent use by multiple non- motorized users, typically including hikers, bicyclists, and may include equestrian use where specifically posted and designed. Surfaces may be stabilized.

TRAIL, NATURE/FOOTPATH: A Public Trail intended for pedestrian travel only (hiking, walking, running), typically with a natural surface and minimal improvements to protect sensitive resources. Bicycles and equestrian use are not allowed unless expressly posted and designed.

TRAIL, PUBLIC: A publicly accessible route for travel and recreation located in parks, open space, or easements, designed for pedestrian use and, where signed or improved, may include other permitted nonmotorized users.

TRAIL SPUR (ACCESS SPUR): A short Public Trail segment that provides connection from a trailhead, street, school, park, or neighborhood to a Multi-Use, Bicycle, Equestrian, or Nature/Footpath. TRAILHEAD: A designated access point to one or more trails that may include parking, restrooms, potable water, signage/maps, staging areas (including equestrian staging), and maintenance access while safeguarding open-space from prohibited access or usage.

WATER DETENTION AND RECHARGE FACILITIES: Infrastructure designed to temporarily capture, hold, and infiltrate stormwater to reduce runoff, prevent erosion, and recharge groundwater. Includes bioswales, retention basins, and percolation ponds designed to integrate with natural systems.

WILDFIRE PUBLIC SAFETY INFRASTRUCTURE: Equipment intended to support wildfire preparedness, detection, and emergency response. This includes, but is not limited to, dedicated firefighting assets (e.g., water storage tanks, staging areas) and emergency communication infrastructure (e.g., public alert systems, emergency sirens, and related systems) necessary to ensure operational readiness during wildfire events. (Ord. 1262, §2, adopted 2025)

§ 9142 ALLOWED USES

The following uses are allowed by right in the Open-Space (O-S) District:

Conservation and Habitat Restoration Activities, consistent with approved conservation, fuel management, or habitat restoration plans; Grazing, consistent with approved conservation, fuel management, or habitat restoration plans; Fuel Break, consistent with approved conservation, fuel management, or habitat restoration plans; Habitat Corridors and Linkages, consistent with approved conservation, fuel management, or habitat restoration plans; Interpretive signage and Educational Kiosks; Native Plant Propagation Areas; Native Tree Nurseries; Outdoor Education; Rewilding, consistent with approved conservation, fuel management, or habitat restoration plans; Row & Field Crops and Animal Raising – General Agriculture, excluding permanent structures; Slope Stabilization And Erosion Control, consistent with approved conservation, fuel management, or habitat restoration plans; Wildfire Public Safety Infrastructure. (Ord. 1262, §2, adopted 2025) § 9143 PERMITTED USES The following uses require approval of an appropriate Use Permit pursuant to the provisions contained in Article 20 of this Chapter. Campground (Open-Space); Cultural, historical, or archaeological interpretive facilities; Environmental education centers; Habitat banking or mitigation sites; Park and recreation services; Parking lot(s) serving trailheads or open-space recreation areas; Special events or temporary uses consistent with open space purpose and intent; Trail, Bicycle (Shared-Use); Trail, Equestrian; Trail, Multi-Use; Trail, Nature/Footpath, consistent with approved conservation, fuel management, or habitat restoration plans; Trail, Public; Trail-Spur; Trailhead; Water detention and recharge facilities. (Ord. 1262, §2, adopted 2025) § 9144 HEIGHT LIMITS A. Primary structures: Maximum height of 25 feet. B. Accessory structures: Maximum height of 15 feet or height of main building, whichever is less. C. Improvements: 1. Non-obtrusive towers and equipment used exclusively for wildfire detection, emergency communications, or similar public safety purposes may exceed 25 feet. Any such increase would be subject to discretionary review, and must be the minimum necessary for operational effectiveness and designed to reduce visual and environmental impact. 2. Fences or walls: Maximum height of 7 feet, unless consistent with an approved conservation, fuel management or habitat restoration plan, or approved by Use Permit. (Ord. 1262, §2, adopted 2025) § 9145 SITE AREA There is no minimum site area for uses in the O-S District; however, development intensity must conform to open space purpose and intent. (Ord. 1262, §2, adopted 2025) § 9146 SETBACKS

ces or walls: Maximum height of 7 feet, unless consistent with an approved conservation, fuel management or habitat restoration plan, or approved by Use Permit. (Ord. 1262, §2, adopted 2025) § 9145 SITE AREA There is no minimum site area for uses in the O-S District; however, development intensity must conform to open space purpose and intent. (Ord. 1262, §2, adopted 2025) § 9146 SETBACKS

Yard setbacks apply to all new structures, additions, grading, and site improvements, including fences, walls, pavement, and other hardscape features, as conveyed below. A. Environmental. A minimum 100-foot setback is required from the edge of sensitive environmental resources, including creeks and rivers (measured from the top of bank), wetlands (from the delineated wetland boundary), and mapped sensitive habitat areas. B. Visual. To minimize visual impacts, development within or near setback areas shall be sited and designed to maintain natural sightlines and reduce visual prominence through building placement, height and massing control, material selection, and landscape screening, with particular attention to ridgelines. C. Slope. For sloped terrain, additional setbacks from the top of slope and toe of slope are required to avoid excessive grading. Slope percentage shall be measured as average grade over a horizontal distance of at least 25 feet, based on existing (pre-project) topography.

  1. On slopes 15% to less than 30%, principal structures and foundations shall be set back a minimum of 10 feet from the top of ridge and 10 feet from the toe of slope.

  2. On slopes 30% or greater, new structures and grading to create building pads are prohibited unless the review authority finds that no practicable alternative exists and that a geotechnical report demonstrates stability without increasing erosion risk; where allowed, the minimum top- and toe-of-slope setbacks shall be 30 feet.

D. Yard Setbacks: Any adjacent lot that shares a side or rear lot line with land zoned O-S shall provide a transition yard measured from that line as follows for the following uses:

  1. Single Family Residential: Rear 25 feet, side 12 feet;

  2. Multifamily: Rear 30 feet, side 15 feet;

  3. Non-Residential: Rear 35 feet, side 15 feet.

E. Exception. As part of the applicable Use Permit process, the Zoning Administrator or the Planning Commission may allow encroachments into required setbacks when no practicable alternative exists and the proposed design minimizes both physical and visual disturbance. Findings shall be supported by site-specific analysis, including (as applicable) a geotechnical report, erosion and sediment control plan, and visual analysis. (Ord. 1262, §2, adopted 2025)

§ 9147 PARKING

A. For all trailheads and recreation areas the parking requirements shall be one space per ten (10) average daily visitors. The required number of parking spaces may be adjusted by the Community Development Director through a Determination of Appropriate Use, based on anticipated patterns of use, including but not limited to similar regional facilities; bicycle or pedestrian access requirements; equestrian facilities; educational or group programming; seasonal or event-based usage; proximity to public transit or urbanized areas.

B. Parking surfaces shall be permeable and screened with vegetation, where feasible.

C. No overnight public parking is allowed unless allowed by an issued Special Event or Use Permit.

D. Other Uses: All other uses are subject to the provisions contained in Article 17 of this Chapter. (Ord. 1262, §2, adopted 2025)

§ 9148 ADDITIONAL REQUIREMENTS

  • A. Resource Protection: Grading or vegetation removal shall only be permitted with approval from the Community Development Director or Public Works Director on an emergency basis when not part of an approved conservation, fuel management or habitat restoration plan.

  • B. Lighting: Artificial lighting in the Open-Space District is generally discouraged. Any lighting must be minimal and dark-sky compliant according to International Dark-Sky Association’s (IDA) guidelines for outdoor lighting to minimize light pollution.

  • C. Fencing: For Allowed uses, the use of fencing in the Open-Space Zoning District is generally discouraged. Any fencing installed must be wildlife-friendly or implemented to maintain public safety. Fences are prohibited if they would impede wildlife movement within a designated wildlife or habitat corridor, as determined by the City based on substantial evidence.

  • D. Parking Lot and Recreation Area Landscaping: Landscape plantings in the Open-Space District must be native and drought-tolerant species. Parking and recreation surfacing shall be permeable except where infeasible for compliance with the Americans with Disabilities Act or to serve emergency access.

E. Requirements for Special Events: Events in the Open-Space District must be consistent with the purpose of the zoning district set forth in this Article and shall not significantly degrade natural resources or impair public enjoyment of the area. All events require prior approval through a Use Permit. (Ord. 1262, §2, adopted 2025)

§ 9149 DETERMINATION OF APPROPRIATE USE

Whenever a use is not listed in this Article as a use allowed by right or a use subject to a Use Permit in the O-S Zoning District, the Community Development Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a Use Permit. In making this determination, the Planning Director shall find as follows:

A. That the use would not be incompatible with other existing or allowed uses in the O-S Zoning District.

  • B. That the use would not be detrimental to the continuing preservation of resources or access to the area in which the use would be located.

C. That the use involves a similar scale and impact to uses that are designated allowed uses in this Article.

  • D. That the use is consistent with the purpose and intent of the Open-Space Zoning District, including the protection of natural resources, scenic values, and the long-term preservation of open space for public or ecological benefit.

E. In the case of determining that a use not listed in this Article as an allowed or permitted use could be established with the securing of a Use Permit, the Community Development Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. All determinations of the Community Development Director regarding whether a use can be allowed or permitted in the Open-Space Zoning District shall be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance with the applicable procedures as set forth in this Chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Community Development Director. All City Council decisions on appeals of the Director’s actions are final for the City. (Ord. 1262, §2, adopted 2025) Home Previous Next

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CHAPTER 2 ZONING

ARTICLE 12. CONDOMINIUM DEVELOPMENTS

SECTION:

§9150: Development Standards

§9151: Use Permits

§9150 DEVELOPMENT STANDARDS

Condominium developments, either new structures or the conversion of existing structures originally built for sale or lease, shall be permitted in any district upon the securing of a use permit, provided that the following standards are met: A. Use, Height, Yard And Other Regulations: Regulations governing the use, building height, required setbacks, building separation, signs, off street parking and other explicit regulations, where not governed by the provisions of this article, shall be those of the district within which the development is located.

B. Classification: Residential condominiums shall be classified as follows:

  1. Horizontal condominiums shall be buildings in which single-family units are constructed, either as separate structures or as self-contained units, within a common structure having individual entrances and utility connections, no opening in any wall common to two (2) or more units and no part of any unit on top of any part of any other unit.

  2. Vertical condominiums shall be any duplex, triplex or apartment house, as defined in the California building code of the city (division 3, chapter 1 of this code) in which condominium any part of any dwelling units is on top of any part of any other dwelling unit. C. Density: The maximum allowable density in any residential or mixed residential/commercial use condominium development to be constructed or converted shall be that of the district within which the development is located, except as follows. For the purposes of this section, "building site area minimum" means the average (mean) building site area for all residential units. 1. R-1, low density residential district: The building site area required for each dwelling unit shall be a minimum of four thousand five hundred (4,500) square feet or a minimum of three thousand (3,000) square feet when second units are prohibited. The minimum width of any lot shall be forty feet (40’).

ng site area minimum" means the average (mean) building site area for all residential units. 1. R-1, low density residential district: The building site area required for each dwelling unit shall be a minimum of four thousand five hundred (4,500) square feet or a minimum of three thousand (3,000) square feet when second units are prohibited. The minimum width of any lot shall be forty feet (40’).

  1. R-2, multiple-family residential district: The building site area required for each dwelling unit intended to occupy any building or group of buildings on such building site shall be a minimum of three thousand (3,000) square feet, or a minimum of one thousand five hundred (1,500) square feet of site area when second units are prohibited. The minimum width of any lot shall be forty feet (40’) or as determined through a site development permit process. 3. R-3, general multiple residential district; C-N, neighborhood commercial district; C-1, community commercial district; and C-2, heavy commercial district: The building site area required for each dwelling unit intended to occupy a building or group of buildings on such building site shall be at least one thousand five hundred (1,500) square feet. The minimum width of any lot shall be forty feet (40’) or as determined through a site development permit process. D. Outdoor Common Area: In all residential condominiums the outdoor common area, exclusive of all structures, shall contain an area having a slope of not more than ten percent (10%) and a minimum area per unit as follows: 1. For horizontal condominiums, one thousand (1,000) square feet per unit; and 2. For vertical condominiums: a. Where structures average between two (2) stories or less, seven hundred fifty (750) square feet per unit; and b. Where structures average between two (2) stories and three (3) stories, six hundred fifty (650) square feet per unit; and c. Where structures average three (3) stories or more, five hundred fifty (550) square feet per unit. E. Gross Area Required: No condominium shall be built unless the gross land area contains at least six thousand (6,000) square feet.

F. Rights Of Way: The right of way, and improvements thereon for all streets, whether to be public or private, shall be approved by the planning commission.

G. Separation From Other Structures: The main structure of any condominium in which residential uses are proposed in any residential zone shall be separated from any other main structure on the same lot by at least ten feet (10’). H. Parking: There shall be provided on site, one parking space for one bedroom units; two (2) parking spaces for two (2) or more bedrooms per unit. I. Storage: There shall be provided a minimum coverage storage area of forty (40) square feet for each dwelling unit. J. Occupancy Type: Condominiums shall be group 1 occupancy as defined in the California building code (division 3, chapter 1 of this code). K. Yard Setbacks: 1. R-1 district: The front yard setback shall be a minimum of fifteen feet (15’), except the front yard setback for lots internal to or fronting streets within the development shall be a minimum of ten feet (10’). Side and rear setbacks abutting property that is not part of the development shall be a minimum of five feet (5’). Side and rear setbacks internal to the development may be reduced to zero feet (0’). 2. Other districts: Side and rear setbacks abutting property that is not part of the development, but is zoned or used for residential purposes shall be a minimum of five feet (5’), except second or higher stories shall be set back a minimum of ten feet (10’). Side and rear setbacks internal to the development may be reduced to zero feet (0’). (Ord. 793, §2, adopted 1982; Ord. 1110, §1, adopted 2008; Ord. 1114, §2, adopted 2009)

§9151 USE PERMITS

Applications for use permits for condominium developments shall be accompanied by the following:

A. A topographic map to a workable scale, showing the site in relation to surrounding property, existing roads and other existing improvements;

B. A site plan, showing proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping and the boundaries of
the project;
C. Drawings showing how air space is to be divided within the condominium;
D. A copy of the tentative subdivision map, if required;
E. Floor plans and elevations of all proposed buildings and structures;
F. A copy of the declaration of restrictions and proposed management arrangement relating to the project, as required by the provisions of section
1355 of the Civil Code of the state; and
G. Any information deemed necessary or desirable in assisting the commission in its determinations for approval of the use permit and the conditions thereof.
H. A tentative subdivision map must be approved within six (6) months of use permit approval and required building permits be taken out within two (2) years of final map recordation. (Ord. 793, §2,
adopted 1982)
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CHAPTER 2 ZONING

ARTICLE 13. REGULATIONS IN AGRICULTURAL EXCLUSIVE (A-E) DISTRICTS

SECTION:

§9160: Agricultural Exclusive Or A-E District

§9160 AGRICULTURAL EXCLUSIVE OR A-E DISTRICT

A. This district is intended to be an exclusive district for agriculture and those uses which are necessary and an integral part of the agricultural operation. This district has been created to protect and preserve the limited amount of agricultural soils from encroachments of nonrelated agricultural uses which, by their nature, would be injurious to the physical and economical well-being of the agricultural operations.

B. The following specific regulations, in addition to the general regulations set forth in Chapter 2, Article 16 and Article 20 of this Division, shall apply in all A–E Districts. C. Uses Allowed: 1. Residential And Accessory Uses: a. Accessory dwelling units (ADU), as regulated by Chapter 2, Article 5.3 of this division. b. Employee housing. c. Home occupations. d. Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4 of this division. e. Single-family residential dwellings, including manufactured/modular homes. f. Small and large family daycare homes. 2. Agricultural Uses: a. Animal raising – General agriculture. b. Animal raising – Personal. c. Horticulture. d. Dairies and the production of dairy products from milk produced on the premises. e. Packing and processing – Limited. f. Packing and processing – Winery. g. Production of fish life or fish products for commercial purposes (hatcheries, ponds, etc.). h. Row and field crops. i. Tree crops. j. Beekeeping and apiaries. 3. Civic Uses: a. Community gardens. b. Day care facilities/small schools. c. Safety services. d. Utility service minor. 4. Commercial Uses: a. Farm stands. D. Uses Requiring Minor Use Permits: The following compatible uses and those which, in the opinion of the Community Development Director, may be substantially similar in nature thereto shall be permitted, but only upon the securing of a use permit pursuant to this chapter: 1. Residential Uses: a. Dwelling group. b. Supportive housing, subject to the same density limitation and to the same regulations applicable to other residential dwelling of the same type. c. Transitional housing, subject to the same density limitation and to the same regulations applicable to other residential dwelling of the same type. 2. Agricultural Uses: a. Forest production and processing – Limited. b. Packing and processing – General. 3. Commercial Uses: a. Agricultural sales and services. b. Animal sales and services – Auctioning. c. Animal sales and services – Horse stables. d. Animal sales and services – Kennels. e. Animal sales and services – Stockyards. f. Animal sales and services – Veterinary (large animals).

g. Outdoor or Mixed-Light Commercial cannabis cultivation of all license types set forth in California Code of Regulations, title 4, sections 16201 and 16201.1, as may be amended from time to time.

h. Sale of food products produced off the premises; provided, that the sale of such products is incidental and secondary to the sale of agricultural products produced upon the premises.

i. Recreational use, meaning the use of land by the public, with or without charge, for any of the following recreational uses: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting or other outdoor games for which no structures or buildings not permitted by the use permit are provided.

E. Uses Requiring Major Use Permits: The following compatible uses and those which, in the opinion of the Planning Commission, may be substantially similar in nature thereto shall be permitted, but only upon the securing of a major use permit pursuant to this chapter:

1. Agricultural Uses:
a. Animal waste processing.
b. Forest production and processing – Commercial woodlots.
c. Forest production and processing – Portable sawmills.
2. Commercial Uses:
a. Transient habitation – Campground.
b. Transient habitation – Lodging (limited).
c. Transient habitation – Resort and recreational facilities.
3. Civic Uses:
a. Educational facilities.
b. Major impact facilities.
c. Major impact services and utilities.
F. Minimum Lot Area: Forty (40) acres.
G. Minimum Front Yard: Fifty feet (50').
H. Minimum Side Yard: Fifty feet (50').
I. Minimum Rear Yard: Fifty feet (50').
J. Any nonconforming parcel which is less than twenty (20) acres shall observe a minimum front, side and rear yard of twenty-five feet (25').
K. Maximum Building Height: Not to exceed thirty-five feet (35') for residential buildings, all other buildings fifty feet (50').
L. Maximum Dwelling Density: One single-family dwelling per legally created parcel, except as separately provided for below. Construction of more than one single-family dwelling may be permissible as a
dwelling group and shall be consistent with the following density standard: one unit per forty (40) acres. (Ord. 793, §2, adopted 1982; Ord. 1253, §4, adopted 2025; Ord. 1257, §10, adopted 2025)
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CHAPTER 2 ZONING

ARTICLE 14. REGULATIONS IN PLANNED DEVELOPMENT (PD) COMBINING ZONE/DISTRICTS

SECTION:

§9165: Purpose And Intent

§9166: Application Of Combining Zone/District

§9167: Procedures And Process §9168: Action On Planned Development Zoning Projects §9169: Expiration Of Planned Development Combining Zone/District

§9165 PURPOSE AND INTENT

The purpose of the planned development combining zone is to allow flexibility in design and development in order to promote economical and efficient use of land; to increase the level of urban amenities; to preserve the natural environment; and to provide for phased completion of development projects. It generally provides a method for deviating from standardized zoning requirements to foster well planned, creative, and quality development. (Ord. 1005, §1, adopted 1998)

§9166 APPLICATION OF COMBINING ZONE/DISTRICT

  • A. The planned development combining zone may be combined with any zoning district.

  • B. A use permit for permitted land uses within the underlying zone shall not be required when a planned development zoning district and a precise planned development project are proposed. (Ord. 1005, §1, adopted 1998)

§9167 PROCEDURES AND PROCESS

A. Preapplication Review: Prior to application, the prospective applicant should consult with the planning department to obtain information and guidance before entering into bidding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.

  • B. Minimum Area: A planned development combining zone shall include a minimum area of one-half (1/2) acre, under single ownership or otherwise subject to unified planning, construction, and management, unless the subject property has all of the following characteristics, in which case there is no minimum site area requirement:
  1. The property is located in the downtown master plan area as depicted in figure VI.2-KK of the Ukiah general plan.

  2. The property is within easy walking distance to routine destinations such as a grocery store, medical offices, retail shopping, restaurants, etc.

  3. The property is situated along a transit route or within easy walking distance to a transit stop.

  4. All public services and infrastructure are available to adequately serve the project. 5. There is adequate outdoor recreation areas/yard space within the project and/or the site is in close proximity to a public park or recreation area. 6. The project includes an actual development plan and the buildings are architecturally compatible or superior in design to the surrounding existing development. C. Application For Rezoning: Application for a planned development combining zone shall be made pursuant to article 20 of this chapter. The applicant shall include on the application or the plot plan as applicable the following information:

  5. Existing topography and the approximate location of buildings, improvements, and natural or environmental features for the property and adjacent land within one hundred feet (100’).

  6. The current general plan land use designation, the current zoning, and the current land uses in the proposed district and adjacent land within one hundred feet (100’). 3. A general land use plan showing proposed uses to be developed on the site, supported by projected acreage, population, housing units, building floor area, employment, or related planning and development data, as determined by the planning director. 4. A general facility plan showing the approximate location of existing and proposed streets, pedestrianways, and circulation features; proposed public utility services and facilities; and proposed public or community facilities and uses. D. Concept Development Plan: If no specific development is proposed as part of the planned development combining zone application, the applicant shall submit a concept development plan which shall contain a descriptive written statement indicating the following: 1. The manner in which the proposed development will be in accord with the general plan. 2. The architectural and environmental design qualities to be attained. 3. A general description of proposed land use regulations, site development regulations, and performance standards sufficient to govern subsequent development, including, but not limited to, the following: a. Allowable uses. b. Maximum and/or minimum regulations governing density and intensity of use, building floor area, height, coverage, lot size and dimensions, setbacks and open spaces, landscaping, signs, architectural design, and other features of the development. c. Conditions, covenants, and restrictions, and proposed means of management and continued maintenance and operation of common facilities. 4. A general phasing plan and schedule, indicating the anticipated time for beginning of construction and completion of each phase of development. 5. Evidence that the applicant has sufficient control over the land to effectuate the proposed plan.

E. Precise Development Plan: If a specific development project is proposed as part of the planned development combining zone application, a precise development plan shall be submitted. If a concept development plan was approved as part of the planned development combining zone project, a precise development plan shall be required prior to the issuance of building permits. The precise development plan shall contain the following information:

  1. All the information required for a concept development plan.

  2. A detailed site plan sufficient to fully illustrate the proposed project and adjoining land uses. The site plan shall also indicate the existing topography and proposed grading. 3. Elevation drawings of all proposed structures. 4. Details of the location, dimensions, and design of all proposed signs. 5. Floor plans of all proposed structures. 6. An automobile and bicycle parking plan.

  3. Residential and mixed use developments shall contain on site recreation facilities commensurate with the size, scale, and scope of the project. Such facilities may include, but not be limited to, picnic areas, tot lots, open turf areas, and sport courts.

  4. The location and design of all required trash and recycling facilities.

  5. A clear depiction of all easements on the property.

  6. A proposed landscaping and lighting plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all precise development plans accompanying planned development zoning applications at the time of application filing. All proposed landscaping plans shall comply with the following standards:

a. Landscaping shall be proportional to the building elevations. b. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. c. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in a reasonably short amount of time. d. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access. e. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) after ten (10) years of growth of all paved areas. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.

  • f. Parking lots shall have a perimeter planting strip with both trees and shrubs.

  • g. Parking lots shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.

  • h. Street trees may be placed on the property proposed for development instead of within the public right of way if the location is approved by the city engineer, based upon safety and maintenance factors. i. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel, it would be unreasonable and illogical. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings.

  • j. Landscaping plans shall include an automatic irrigation system and lighting plan for both the landscaping and exterior of buildings.

  • k. All required landscaping for precise development plan projects shall be adequately maintained.

l. The planning commission or city council shall have the authority to modify the required elements of a landscaping and lighting plan depending upon the size, scale, intensity, and location of the development project. If the city council significantly modifies the elements of landscaping and lighting plan with major changes that were not contemplated or discussed by the planning commission, the matter may be returned by the city council to the planning commission for its review.

  • m. The location, height, and design of all walls and fences shall be consistent with the scale and style of the proposed development, and shall be compatible with the surrounding built environment.
  1. Any other project related information requested by the planning director.
  • F. Criteria For Precise Development Plan: The following criteria shall be used in determining a precise development plan’s consistency with the purpose and intent of this article:
1. User Impact And Needs: The design of the project shall consider the impact and needs of the user in respect to circulation, parking, traffic, utilities, public services, noise and odor, privacy, private and
common open spaces, trash collection, security and crime deterrence, energy consumption, and other design concerns.
2. Relationship To Physical Features: The location of the buildings and structures shall respect the natural terrain of the site and shall be functionally integrated with any natural features of the landscape to
include the preservation of existing trees, where feasible.
3. Consistency Of Architectural Style: All buildings or structures shall be harmonious and consistent with the proposed architectural style regarding roofing, exterior materials, windows, doors, textures,
colors, and other exterior treatments.
4. Balance And Integration With The Neighborhood: The overall design shall be integrated and compatible with the neighborhood and shall strive to be in harmony with the scale and bulk of the surrounding
built environment.
5. Building Design: The design of buildings and structures shall strive to provide innovation, variety, and creativity in the proposed design solutions. All architectural elevations shall be designed to eliminate
the appearance of flat facades and box like construction.
6. Density: For residential projects, every effort shall be made to achieve the maximum density possible pursuant to the underlying zoning district. (Ord. 1005, §1, adopted 1998; Ord. 1112, §2, adopted 2008)
§9168 ACTION ON PLANNED DEVELOPMENT ZONING PROJECTS
A. Notice Of Public Hearings: Notice of planning commission and city council public hearings shall be given pursuant to subsection 9265C of this chapter.
B. Action By The Planning Commission:
1. The planning commission shall review and formulate a recommendation on the application to the city council.
2. The planning commission may request additional information from the applicant when, in its opinion, there are substantial issues or significant public concerns requiring such information in order to act
on the application. In such cases, the planning commission shall continue the public hearing for such time as is reasonable for preparation of the requested information.
3. The planning commission may recommend changes in the concept development plan or precise development plan, and forward such recommended changes to the city council with its recommendation
regarding establishment of the planned development combining zone.
4. In formulating their recommendation to the city council, the planning commission shall find that the proposed project is consistent with the Ukiah general plan and the purposes of this article.
C. Action By The City Council:
1. The city council may adopt an ordinance establishing a planned development combining zone if it finds that:
a. The proposed planned development combining zone/district, concept development plan and/or precise development plan as recommended by the planning commission, or as modified by the city council,
is consistent with the general plan and with the purposes of this article. Any substantial modification to the concept development plan or precise development plan by the city council which has not been
reviewed by the planning commission shall be returned by the city council to the planning commission for its review.
b. The proposed planned development combining zone/district and all uses therein shall be compatible and complementary to existing and potential development in the general vicinity of the project site.
2. The city council shall consider the planned development combining zone application and concept development plan or precise development plan, together with the recommendation of the planning
commission.
3. An ordinance establishing a planned development combining zone, if enacted by the city council shall incorporate the concept development plan or precise development plan for the district as approved by
the city council.
4. Each planned development combining zone shall be shown on the zoning map by the letters "PD", and identified sequentially by order of enactment and reference to the enacting ordinance.
5. A precise development plan proposed subsequent to the adoption of a planned development combining zone and concept development plan shall be processed in the same manner as a site development
permit, shall contain all the information required in subsection 9167E of this article, and may, in the event of approval, be conditioned by the city in the same manner as a site development permit.
In taking action on a precise development plan that has been submitted subsequent to the adoption of a planned development combining zone and concept development plan, the planning commission shall
find that it is consistent with the Ukiah general plan, concept development plan, and with the criteria in subsection 9167F of this article.
A decision made by the planning commission on a precise development plan that has been submitted subsequent to the adoption of a planned development combining zone and concept development plan is
final unless appealed to the city council. All appeals shall be made pursuant to section
9266 of this chapter.
  1. Changes to adopted planned development combining zones/districts:

a. Concept development plans and precise development plans may be amended under the same procedures applicable to initial approval. An amendment may be initiated by staff, the planning commission, the city council, or by the original applicant or a successor thereto having a continuing controlling interest in development or management of uses within the planned development combining zone/district. b. A precise development plan may be amended by applying for rezoning as provided in article 20 of this chapter.

c. Minor revisions or modifications not increasing the density or intensity of the project and which would not adversely affect off site property, may be approved by the planning director if it is determined that the circumstances or conditions applicable at the time of original approval remain valid and that changes would not affect any required findings. (Ord. 1005, §1, adopted 1998)

§9169 EXPIRATION OF PLANNED DEVELOPMENT COMBINING ZONE/DISTRICT

A. Any planned development combining zone/district created after the effective date of this article shall expire after three (3) years from its approval date by the city council if actual construction has not occurred. A one year extension of the three (3) year time period may be granted by the planning director if substantial progress has been made towards securing a building permit. All requests for an extension must be made in writing, and shall detail the progress made towards implementing the project and securing a building permit. If any PD combining zone/district expires, the zoning (or its current equivalent) which existed prior to the adoption of the PD district shall be in full force and effect. (Ord. 1005, §1, adopted 1998) Table of Contents Previous Next

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ARTICLE 15. REGULATIONS IN PUBLIC FACILITIES (PF) ZONING DISTRIC T 1

SECTION:

§9170: Purpose And Intent §9170.1: Allowed Uses

§9170.2: Permitted Uses

§9170.3: Building Height Limits

§9170.4: Required Site Area

§9170.5: Required Yard Setbacks §9170.6: Required Parking

§9170.7: Additional Requirements

§9170.8: Determination Of Appropriate Use

§9170 PURPOSE AND INTENT

This district classification is intended to be applied to properties which are used for or are proposed to be used for public or quasi-public purposes or for specified public utility purposes. Additionally, the purpose of the Public Facilities Zoning District is to provide business opportunities on large public-serving land uses such as the airport. Finally, the Public Facilities Zone is consistent with the Public ("P") land use designation of the General Plan. (Ord. 1009, §1, adopted 1998)

§9171 USE PERMIT REQUIRED

A. All homeless facilities in the City of Ukiah require Planning Commission review and approval of a use permit, consistent with section 9262 of this code. However, for a six (6) month period starting from the first day of operations, the 2017-2018 Inland Emergency Winter Shelter shall be operated at 1045 South State Street in Ukiah without the requirement of a use permit reviewed and approved by the Planning Commission; provided, that the shelter is operated in substantial conformance with the conditions imposed in Permit 2235 UP-PC issued for the 2016-2017 Inland Valley Emergency Winter Shelter.

B. Actions by the Planning Commission relative to a homeless facility use permit may be appealed to the City Council consistent with subsection 9262D4 of this code.

C. Homeless facilities may be proposed and approved in the following zoning districts: CN (Neighborhood Commercial); C-1 (General Commercial); C-2 (Heavy Commercial/Light Industrial); PF (Public Facilities); M (Manufacturing); R-1 (Low Density Residential); R-2 (Medium Density Residential) and R-3 (High Density Residential).

D. Homeless facilities are allowed within the Homeless Shelter Overlay District. (Ord. 1031, §1, adopted 2000; Ord. 1161, §2 (Exh. 2), adopted 2015; Ord. 1183, §1, adopted 2017)

§9172 USE PERMIT APPROVAL GUIDELINES

A. The City Council shall adopt and may, from time to time, amend use and development guidelines for homeless facilities.

B. Such guidelines shall be adopted by resolution, which shall be made available to any applicant seeking to construct or install a homeless facility in the City.

C. Such guidelines shall be utilized by applicants to design and organize any proposed homeless facility in the City.

D. Such guidelines shall be utilized by the Planning Commission or City Council in its decision to approve, deny, or modify a homeless facility use permit.

E. Conditions of approval established by the Planning Commission or City Council in its review and approval of any homeless facility shall be based on the adopted homeless facility guidelines.

F. An approved homeless facility use permit may be revoked if the shelter is not being conducted in compliance with the conditions of approval, or in violation of any other ordinance pertaining to its operation. Revocation proceedings shall be conducted in accordance with subsection 9262H of this code.

G. A homeless facility operating within the Homeless Shelter Overlay Zone shall comply with Resolution 2001-15, "Homeless Shelter Facility Use Development Guidelines," as amended from time to time. (Ord. 1031, §1, adopted 2000; Ord. 1161, §2 (Exh. 2), adopted 2015)

1 Ord. 871, §1, adopted 1988.

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CHAPTER 2 ZONING

ARTICLE 15.6. STANDARDS FOR SPECIFIC LAND USES

(Rep. by Ord. 1257, §16, adopted 2025) Home Previous Next

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CHAPTER 2 ZONING

ARTICLE 15.7. STANDARDS FOR SPECIFIC LAND USES THAT ARE SUBJECT TO DISCRETIONARY REVIEW

Section:

§9174: Purpose §9174.1: Applicability §9174.2: Cannabis-Related Businesses §9174.3: Cannabis Retailers §9174.4: Commercial Cannabis Cultivation §9174.5: Reserved §9174.6: Reserved §9174.7: Reserved §9174.8: Reserved §9174.9: Reserved

§9174 PURPOSE

This article provides site planning, development, and/or operational standards for certain land uses that are allowed in certain zoning districts and are subject to discretionary review through the use permit process but that may have unique adverse impacts. The standards for each use are intended to mitigate any potentially adverse impacts associated with the specific use. (Ord. 1190, §3, adopted 2018; Ord. 1253, §5, adopted 2025)

§9175 GENERAL PROVISIONS AND EXCEPTIONS

The regulations specified in this chapter shall be subject to the general provisions and exceptions set forth in this article. (Ord. 793, §2, adopted 1982)

§9176 CERTAIN USES PERMITTED

The following uses may be permitted in the districts mentioned subject to securing a use permit, as provided in this chapter, in each case:

A. Establishment, maintenance, operation and removal of circuses, carnivals, amusement parks, open air theaters, or other similar temporary establishments involving large assemblages of people may be established in isolated or underdeveloped areas of any zoning district.

B. Public or private parking lots for automobiles in any R-1, R-2 or R-3 district which is adjacent to any C-N, C-1 or C-2 district.

C. The removal of minerals, earth and other natural materials in any district.

D. Adult entertainment businesses as defined in section 9278 of this chapter only in zones which do not allow residential development pursuant to the following conditions:

  1. Established five hundred feet (500’) from any residential use; and

  2. Five hundred feet (500’) from any church, school, park or playground; and

  3. No closer than one thousand feet (1,000’) of another such establishment;

  4. Windows and doors screened so that the interior of the establishment may not be seen;

  5. Signing indicating that no one under the age of eighteen (18) years shall be admitted.

  • E. Temporary uses for a period not to exceed six (6) months in any district subject to permit renewal at the discretion of the planning commission.

F. Temporary accessory objects placed in the public right of way. Notwithstanding section 6230 of this code, the temporary placement of cafe tables and chairs accessory to an eating establishment and street furniture, such as benches and landscape planters, may be placed proximate to an existing legal use subject to the following: Racks, tables, bins and other merchandise are prohibited, except as part of a civic, patriotic or special event of general public interest taking place within the city, subject to a special events permit, or between twelve o’clock (12:00) noon on Fridays and close of business on Sundays, subject to the following: 1. Placement of any temporary accessory object within any public right of way is prohibited without securing an encroachment permit issued by the public works department, including compliance with insurance requirements and any conditions placed thereon to ensure the public safety and convenience and compliance with this section. Applications for encroachment permits under this section shall be filed with the public works department accompanied by a plot plan sufficient to show the details of the object’s size, height, location and any other information deemed necessary by the planning director or public works director, and application fees established from time to time by resolution of the city council adopted in accordance with the procedures required by law. Notwithstanding any provision of this section, the public works director retains the right to revoke any issued encroachment permit for any object determined to be a nuisance, detrimental to the public safety or convenience, or noncompliant with this section. The placement of all objects shall comply with all requirements and orders of the fire marshal.

rdance with the procedures required by law. Notwithstanding any provision of this section, the public works director retains the right to revoke any issued encroachment permit for any object determined to be a nuisance, detrimental to the public safety or convenience, or noncompliant with this section. The placement of all objects shall comply with all requirements and orders of the fire marshal.

  1. The location and dimensions of temporary accessory objects shall be coordinated with other elements and shall provide for the safe and unobstructed movement of pedestrians and vehicles and visual attractiveness to the satisfaction of the planning director and public works director and as follows: a. The location of temporary objects shall maintain a minimum width of five feet (5’) of space on the sidewalk or pedestrian path clear of obstructions caused by trees, hydrants, posts, poles and any other infrastructure or objects, and providing accessibility to site and building entryways, accessible parking and accessible passenger loading zones, and crosswalks. Objects shall not obstruct more than fifty percent (50%) of the width of any sidewalk or pedestrian path that is ten feet (10’) or wider, excluding the strip of land adjacent to the street where sign poles, hydrants and other infrastructure are located. b. Temporary accessory objects shall be placed adjacent to the building, unless infeasible or an alternative location would be more consistent with this section as specified by an encroachment permit. Objects shall be situated so that neighboring businesses and all legal signs are visible to pedestrians and motorists. c. Temporary accessory objects shall be located and maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles, and ensure visually impaired pedestrians can detect the object safely. Supporting members should be located within the footprint of the object to prevent tripping; any projection shall be flat and measure no more than one-half inch (0.5") in height above the sidewalk surface. Dome shaped support bases are prohibited. Platforms or sidewalk coverings are prohibited. Temporary accessory objects shall not be secured to trees, hydrants, street signs, or any other infrastructure by any means.

  2. Temporary accessory objects shall be removed during hours that the business is not open to the public, with the exception of landscape planters or other approved encroachments that are consistent with the provisions of this section as determined by the planning director and too heavy or not reasonably feasible to move each day as determined by the public works director.

  3. Temporary accessory objects shall at all times present a tastefully designed and well maintained appearance. Furniture and objects placed by the same business shall be visually or thematically similar. Cafe table umbrellas situated so as to not pose a hazard due to tipping or injury are allowed, provided they are of muted solid color, canvas type (no vinyl or plastic) and designed specifically for outdoor patio use. Podiums, heat lamps and service objects are prohibited. Furniture and other objects shall not have any signage, logos, or other commercial representations. All objects shall be maintained in good condition, without visible fading, dents, tears, rust, corrosion, or chipping or peeling paint, and of durable and sufficiently sturdy construction so as to not pose a hazard or blow over with normal winds. Planters must have installed healthy live plants at all times.

  4. Deviations from the provisions of this section, excluding the requirement for issuance of an encroachment permit for objects placed in the public right of way, may be allowed pursuant to the approval of a use permit. (Ord. 793, §2, adopted 1982; Ord. 1106, §7, adopted 2008)

§9177 MOBILE HOMES

Mobile homes certified under the national mobile home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to:

A. Foundation System: The mobile home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the State Health and Safety Code.

  • B. Utilities: All utilities to the mobile home shall be installed pursuant to city standard practices and policies.

  • C. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

  • D. Roofing Material: The material of the roof of any building constructed on a residential parcel shall be wood, asphalt or composition shingles, tile or tar and gravel.

  • E. Siding Material: The material of the exterior siding of any building constructed or located on a residential parcel shall be wood, brick, rock, stucco, or glass.

  • F. Eaves: The minimum eave overhang for any building constructed on a residential lot shall be two feet.

  • G. Materials not listed in D and E may be utilized if approved by the City Planning Commission after consideration of the material as an agenda item at a regularly scheduled meeting. (Ord. 793, §2, adopted 1982)

§9178 HEIGHT LIMITS; FENCE HEIGHT LIMITS SET FORTH IN THIS SECTION FOR THE DISTRICTS…

  • A. Chimneys, cupolas, flag poles, monuments, radio, steeples and other towers, water tanks, and similar structures in mechanical appurtenance may be permitted in all districts in excess of height limits, provided a use permit is first obtained in each case.

  • B. Fences and hedges and other screen planting may be erected in any district, subject to the following conditions:

  1. Subject to the provisions of subsections B2 and 3 of this section, no fence shall be constructed, and no hedge or other screen planting shall be grown or permitted to grow, exceeding seven feet (7') in height measured from the original grade on the lot.

  2. No fence shall be constructed and no hedge or other screen planting shall be grown or permitted to grow, exceeding three feet in height measured from the original grade on the lot, in any required front yard or to the front of any front setback line.

  3. Fences exceeding seven feet (7') in height to enclose commercial or industrial uses, or tennis courts, swimming pools, or similar areas, may be erected subject to the obtaining of a use permit therefor. (Ord. 793, §2, adopted 1982; Ord. 1168, §2, adopted 2016)

§9179 YARDS

The following provisions shall apply in the districts where indicated:

  • A. Architectural features such as cornices, eaves and canopies may extend not exceeding two feet into any required yard.

  • B. Open porches, landing places, or outside stairways may project not exceeding two feet into any required side yard, and not exceeding six feet (6’) into any required rear yard. Such porches, landing places, or outside stairways, may be roofed, but shall not be enclosed with sides. In the event that a front porch as permitted herein is adjacent to a carport, then the front porch roof may be continued in such a fashion as to include that portion of the carport which extends into the front setback area to the same extent as the front porch roof so extends. This exception shall not be construed as allowing or permitting any carport not attached to a porch roof to encroach upon the front setback area, not to allow or permit any enclosed garage or other building to extend into the front setback area.

C. Whenever an official map or subdivision map setting forth the street right-of-way line has been duly accepted and filed, or whenever a street right of way has been established by an accepted dedication, all building setback lines and required front yards shall be measured from the established street right-of-way line. In the event that no such street right-of-way line has been established, all building setback lines and required front lines shall be measured from the front property line or street line, if such exists or is proposed, whichever is further from any existing or proposed street center line.

In no case shall the provisions of this Chapter be construed as permitting any encroachment upon any street or street right of way.

D. In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this Chapter, applicable to the main building. Unless so attached an accessory building in an R-1, R-2 or R-3 District shall be located on the rear one-half (1/2) of the lot, and at least ten feet (10’) from any dwelling building existing or under construction on the same lot or any adjacent lot. Such accessory building shall not be located within five feet (5’) of the side property line of the front onehalf (1/2) of any adjacent lot or in the case of a corner lot to project beyond the front setback line required on such corner lot.

E. Swimming pools may be located no closer than five feet (5’) to any side or rear property line in a residential zone.

  • F. On any residential parcel, no motor vehicle over three-forth (3/4) tons, or any boat, trailer or recreational vehicle or motorhome shall be stored or parked in any required setback. (Ord. 793, §2, adopted 1982)

§9180 MAINTENANCE OF IMPROVEMENTS

Any and all improvements, including but not limited to landscaping, lighting, painting, parking lot striping and signing, shall be maintained in good condition. Failure of such maintenance shall constitute a violation of this Code and, in addition, may be declared a public nuisance. (Ord. 793, §2, adopted 1982)

§9181 STREET IMPROVEMENTS WITH DEVELOPMENT OF PROPERTY

Curb, gutter, sidewalk, paving and street trees, as determined by the City Engineer shall be required to be constructed or installed as a condition of approval for:

A. Minor divisions of property, prior to the recording of parcel maps for such divisions;

B. Building permits for new residence or main residential/commercial structure on a parcel upon which the improvements do not exist;

C. Building permits where the permit value is equal to or greater than one-third (1/3) of the value of the existing structure. (Ord. 793, §2, adopted 1982)

§9182 ANIMALS WITHIN THE CITY

(Repealed) (Ord. 807, §2, adopted 1983; rep. by Ord. 1257, §16, adopted 2025)

§9183 ISSUED TO EMERGENCY SHELTERS

§9184 OUTDOOR SALES ESTABLISHMENTS

(Repealed) (Ord. 862, §1, adopted 1986; rep. by Ord. 1257, §16, adopted 2025)

§9185 AREA FOR COLLECTING AND LOADING OF RECYCLABLE MATERIALS

All new development and certain remodels in commercial, industrial, residential (other than single-family and duplexes) projects shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials, in addition to trash collection facilities, in compliance with the following requirements:

A. New construction, or expansion of a commercial, industrial, or multiple-family residential project which adds thirty percent (30%) or more to the existing floor area of the structure within the same calendar year, shall provide adequate, accessible, and convenient areas for collecting and loading of trash and recycling materials.

B. Site plans for the project shall identify trash and recyclable storage areas including the individual and specific collection bins which will accommodate the trash and recyclables to be generated by the anticipated use of the project. The applicant will address all the recyclable materials currently collected by the city’s franchise waste hauler, if applicable for the project use.

C. Dimensions of the storage area shall accommodate containers consistent with current methods of collection. The exterior trash and recycling storage area may be located on the outside or the exterior of a structure, or in a designated interior area with access, excluding dwelling units or in rear yards and interior side yards. Exterior storage area shall not be located in any required front yard, street side yard, any required parking or landscaped area, or any other area required by code to be constructed or maintained unencumbered.

D. The trash and recycling storage area shall each be accessible to occupants and haulers. If the exterior storage area is located outside or on the exterior of any structure/building, the storage area shall be screened with a minimum six foot (6’) high solid enclosure. In all cases where a parcel or premises is served by an alley, all exterior storage areas shall be directly accessible to such alley.

E. Each trash storage area shall be contiguous and jointly accessible with a recycling storage area, except upon written consent of the planning director in situations where unavoidable circumstances make it impractical to do so, in which case the recycling storage area shall be located as close as possible to the trash storage area.

  • F. Recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, and comply with the following minimum requirements:
  1. The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein;

  2. The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, safety, or related matter;

  3. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable;

  4. Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance, including unobstructed access for collection vehicles and personnel;

  5. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas;

  6. Developments, transportation corridors, and public facilities adjacent to recycling areas shall be adequately protected from any adverse impacts such as aesthetics, noise, odor, vectors, or glare through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping.

  • G. All designs for exterior trash and recycling storage areas shall be subject to approval by the planning director, following review by the franchise hauler.

  • H. In the case of severe and exceptional physical space constraints, the project proponent may apply for a variance from this section in the manner prescribed in this code, to be considered by the planning commission. (Ord. 953, §1, adopted 1994)

§9186 REASONABLE HOUSING ACCOMMODATION FOR DISABILITY

  • A. Request: A request for reasonable accommodation may be made by any person with a disability as defined under the federal fair housing act and California fair employment and housing act, or his/her representative or any entity, when the application of a regulation under this chapter acts as a barrier to fair housing opportunities. In general, a person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. A request for reasonable accommodation may include modifications or exceptions to the regulations, standards, policies and practices for the siting, placement, construction, development or use of housing or housing related buildings, structures and facilities that would eliminate regulatory barriers and provide persons with a disability equal opportunity to housing of their choice.

  • B. Application Submittal: A request for reasonable accommodation shall be submitted on an application form provided by the director of the department of planning and community development including documentation of the disability and any other information required to make the determinations required by this section.

  • C. Review Of Application: Applications for reasonable accommodation shall be reviewed by the director of the department of planning and community development or designee, or may be referred to the authority taking action on a concurrent application.

  • D. Written Determination: The director of the department of planning and community development or designee shall make a written determination within thirty (30) days and either grant, grant with modifications, or deny the request for reasonable accommodation in accordance with the findings below. The written determination for applications submitted for review with concurrent applications may be processed in the manner and time frame for the concurrent application. The written decision to grant or deny an application for reasonable accommodation shall be consistent with the federal fair housing act and California fair employment and housing act ("the acts") and shall be based on the following factors:

  1. Whether the housing that is the subject of the request will be used by an individual with a disability as defined under the acts.

  2. Whether the request for is necessary to make specific housing available to an individual with a disability as defined under the acts.

  3. Whether the request would impose an undue financial or administrative burden on the city of Ukiah, or require a fundamental alteration in the nature of a city program or law.

  4. Whether the request would pose impacts to surrounding uses.

  5. Whether the request is based on the attributes of the property and structures.

  6. Whether alternative reasonable accommodations that may provide an equivalent level of benefit could be undertaken.

In granting a
restoration o
E. Appeal
article 20 of
Home
n application for reasonable accommodation, the director may impose any conditions of approval relating to the findings above as deemed practical and necessary including, but not limited to,
f the property to its former condition and recording in the office of the county recorder notice thereof.
Of Decision: The decision of the director may be appealed in the same manner as any appeal from the determination of the zoning administrator regarding minor discretionary planning permits in
this chapter. (Ord. 1110, §1, adopted 2008)
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Home Previous Next CHAPTER 2 ZONING ARTICLE 17. OFF-STREET PARKING AND LOADING SECTION: §9190: Computation Of Fractional Spaces §9191: Use Of Parking And Garage Facilities §9192: Size Of Parking Spaces §9193: Access To Parking Facilities §9194: Surfacing Of Parking Areas §9195: Screening Of Parking Areas §9196: Lighting Of Parking Areas §9197: Design Standards For Parking Areas §9198: Number Of Parking Spaces Required §9199: Exemptions From Off Street Parking Requirements §9200: Number Of Nonmall Type Loading Spaces Required §9201: Number Of Mall Type Loading Spaces Required §9202: Number Of Unspecified Loading Spaces Required §9203: Location Of Loading Facilities; Screening §9204: Size Of Loading Space §9205: Surfacing Of Loading Spaces §9206: Use Of Loading Spaces For Parking §9207: Off Street Loading Spaces §9208: Bicycle Parking Design Standards §9209: Nonconforming Uses §9210: Office §9211: Designation §9212: Function §9213: Authority §9214: Referral To The Planning Commission §9215: Appeals

§9190 COMPUTATION OF FRACTIONAL SPACES

When the determination of the number of required off street parking and loading spaces results in the requirement of a fractional space, any fraction up to, but not including, one-half (1/2) shall be disregarded, and fractions over one-half (1/2) shall require one off street parking or off street loading space. (Ord. 793, §2, adopted 1982)

§9191 USE OF PARKING AND GARAGE FACILITIES

The only use of off street parking and garage facilities, required and/or accessory to residential uses, shall be the parking and storage of motor vehicles belonging to the occupants of the dwelling structure or the bona fide guests of such occupants. The term "vehicles", as used in this section, shall not include special construction equipment or commercial vehicles except as provided by section 7154 of this code. (Ord. 793, §2, adopted 1982; Ord. 888, adopted 1989)

§9192 SIZE OF PARKING SPACES

The minimum dimensions of Standard parking spaces shall be nine feet (9’) in width by nineteen feet (19’) in length. The vertical clearance shall be not less than seven feet (7’) over the entire area.

In any parking area with more than ten (10) required off street parking spaces, forty percent (40%) compact spaces may be allowed. The dimensions of a compact parking space shall be eight feet (8’) in width by sixteen feet (16’) in length. The vertical clearance shall be not less than seven feet (7’) over the entire area. (Ord. 793, §2, adopted 1982; Ord. 1268, §9, adopted 2026)

§9193 ACCESS TO PARKING FACILITIES

A. Each required off street parking space or garage space for residential uses shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off street parking facilities shall be designed in a manner which will least interfere with traffic movements. Tandem parking is not acceptable for commercial uses of property. B. In multiple-family residential districts, street access to all parking spaces shall be limited to fifty percent (50%) of the total lot frontage, but in every case such access shall be less than fifty feet (50’). C. Access to dwelling groups shall be provided from the street to all detached buildings in the group by means of a permanent, unobstructed passageway constructed to the following standards:

  1. Driveways serving three (3) or less spaces shall be a minimum of twenty feet (20’) in width, or two (2) separate one-way twelve foot (12’) entrance and exit drives separated by a minimum of twenty feet (20’).

D. At the option of the property owners, a common driveway may be utilized to provide access to parking facilities on adjacent properties. Such common driveways shall be a minimum width of twenty four feet (24’), with a twelve foot (12’) easement on each parcel. Easements for the common use of the driveway shall be recorded in the office of the county recorder.

E. The maximum width for single-family and multiple-family residential driveways shall be twelve feet (12’) for single driveways and twenty feet (20’) for double driveways, measured at the face of the curb. F. All driveways shall be located at least twenty feet (20’) from the curb return on corner lots.

G. Single-family residential driveways on lots with more than fifty foot (50’) frontages may exceed the requirement of a single driveway entrance if the purpose of the driveway is to create more off street parking. The driveway access shall be less than fifty percent (50%) of the total lot frontage or forty feet (40’), whichever is less. (Ord. 793, §2, adopted 1982; Ord. 888, adopted 1989; Ord. 1268, §9, adopted 2026)

§9194 SURFACING OF PARKING AREAS

All open off street parking areas or residential driveways shall be surfaced with asphaltic concrete (2 inch asphalt 6 inch aggregate base), concrete or other surfacing so as to provide a durable, dust free, all weather surface which shall meet the requirement of all applicable laws and the approval of the Director of Public Works. Permeable paving materials, including permeable asphalt, permeable concrete,

interlocking pavers, and similar low-impact surfacing materials, are encouraged for off-street parking areas, drive aisles, and walkways, where site conditions allow. The use of permeable materials may be approved by the City Engineer or designee where such materials meet structural, drainage, and maintenance standards. (Ord. 793, §2, adopted 1982; Ord. 1268, §9, adopted 2026)

§9195 SCREENING OF PARKING AREAS

All open parking areas for more than ten (10) parking spaces shall be aesthetically and effectively screened on such side adjoining or fronting on any property situated in any district by a wall, fence or densely planted, compact hedge not more than six feet (6’) in height which shall be maintained in good condition. (Ord. 793, §2, adopted 1982)

§9196 LIGHTING OF PARKING AREAS

Any lighting used to illuminate off street parking areas shall be downcast, shielded, and directed away from the public right-of-way and away from residential properties in such a way as not to create a nuisance. Outdoor lighting shall be regulated by the State of California Title 24 Energy Efficiency Standards outdoor lighting requirements. If a conflict between the requirements of this Division and the State of California Title 24 Energy Efficiency Standards arises, that which produces the least glare shall apply. (Ord. 793, §2, adopted 1982; Ord. 1268, §9, adopted 2026)

§9197 DESIGN STANDARDS FOR PARKING AREAS

Minimum parking space dimensions shall be as follows, except as shown in Table 1-1, Figure 1-1.

    1. Standard parking spaces shall have a minimum dimension of nine feet (9’) in width by nineteen feet (19’) in length.
    1. Up to forty percent (40%) of the spaces in a parking lot may be compact spaces, with dimensions as shown in Table 1-1.
    1. Parallel parking spaces shall be eight feet (8’) by twenty-two feet (22’), except that spaces that are unencumbered at one end may be reduced to eight feet (8’) by twenty feet (20’).
    1. The width of a parking space shall be increased by one foot (1’) if either side of the space is adjacent to a wall, fence, support column or other structure, except where the obstruction is limited to the front

==> picture [305 x 131] intentionally omitted <==

or rear one-third of the parking space.

TABLE 1-1—MINIMUM PARKING SPACE AND AISLE DIMENSIONS

Space
Width
Parking
Angle
L D A N P OP
Standard Size Automobile Spaces—Minimum Length = 19ft
9.0 ft 30° 18.0 ft 17.5 ft 12 ft (1) 29.5 ft 47 ft 39.5 ft
9.0 ft 45° 12.7 ft 20 ft 12 ft (1) 32 ft 47 ft 45 ft
9.0 ft 60° 10.4ft 21 ft 15ft(1) 36 ft 51.5ft 52.5ft
9.0 ft 90° 9.0 ft 19 ft 26 ft 45 ft 64 ft
9.5 ft 90° 9.5 ft 19 ft 25 ft 44 ft 63 ft
10.0 ft 90° 10.0 ft 19ft 23ft 42 ft 61 ft
Compact Automobile Spaces—Minimum Length = 16 ft
9 ft 30° 16 ft 15 ft 12 ft (1) 27 ft 42 ft
9ft 45° 11.7ft 17ft 12 ft(1) 29ft 46 ft
9 ft 60° 9.5 ft 18 ft 12 ft (1) 30 ft 48 ft
9 ft 90° 9 ft 16 ft 23 ft 39 ft 55 ft
Allowable - Automobile Spaces—Minimum Length = 18 ft
8.5 ft 45° 11.8 ft 16 ft 12.5 ft (1) 28 ft 44.5 ft
8.5 ft 60° 9.7 ft 16.5 ft 14 5.ft (1) 30.5 ft 47.5 ft
8.5ft 90° 8.5ft 18 ft 24.5ft 42.5ft 60.5ft
9 ft 30° 18 ft 16.8 ft 11 ft (1) 27.8 ft 44.6 ft
9 ft 45° 12.7 ft 19 ft 16 ft (1) 35 ft 54 ft
9ft 60° 10.4ft 20 ft 18 ft 38 ft 58 ft
9 ft 90° 9.0 ft 18 ft 26 ft 44 ft 62 ft

Note:

(1) Only one-way aisles permitted.

Where posts, columns, or obstruction, other than wheel stops, are located within parking areas, such posts, columns, or other obstruction shall not be permitted to be calculated within the required minimum parking dimensions set forth above. Further, such posts, columns, or obstructions shall not interfere with vehicular movement and parking or the opening of vehicular doors. (Ord. 793, §2, adopted 1982; Ord. 888, adopted 1989; Ord. 1110, §1, adopted 2008; Ord. 1268, §9, adopted 2026)

§9198 NUMBER OF PARKING SPACES REQUIRED

The number of on-site parking spaces required for the uses set forth in this Section shall be as follows. The Planning Commission or Zoning Administrator may approve a request to reduce parking requirements, and not be subject to the Variance Procedures set forth in Section 9264 of this Code, where the project is supported by proximity to services, transit access, shared parking, or other resources as part of any Site Development or Use Permit review.

A. Residential Uses:

  1. Special Needs Housing: In any district, the Director of Community Development may approve a reduction in parking requirements not exceeding thirty percent (30%) for housing projects with at least four (4) living units reserved for seniors, disabled persons, emergency shelters, transitional housing, single room occupancies, or other special needs housing with reduced parking demand based on factors such as age of occupants, disabilities, household size, or other factors that support a finding of reduced parking demand. An agreement acceptable to the City restricting the use consistent with the reduction in parking may be required to be recorded in the office of the county recorder. For the purposes of this Subsection "senior" means a person sixty-two (62) years of age or older, or fifty-five (55) years of age in a senior citizen housing development as defined in Section 51.3 of the California Civil Code or as may be amended from time to time.

  2. Affordable Housing Projects: In any district, the Director of Community Development may approve a reduction in parking requirements not exceeding twenty percent (20%) for housing projects with at least four (4) units affordable to persons of low, very low or extremely low income as defined by the California Health and Safety Code based on factors that support a finding of reduced parking demand. An agreement acceptable to the City ensuring the long-term affordability of the housing units shall be required and shall be recorded in the office of the county recorder. The term "long term" shall mean the typical time frame required for affordable housing projects associated with HOME grants and other affordable housing funding sources.

  3. Residential Mixed-Use Projects: In any district, the sum of the separate parking requirements for each use in a mixed residential/commercial project may be reduced by not more than thirty five percent (35%) where day and nighttime uses offset parking demand based on documentation that supports a finding of reduced parking demand. An agreement acceptable to the City restricting the use consistent with the reduction in parking may be required to be recorded in the office of the County Recorder.

  4. Other Residential Uses: Except as expressly modified by this Section, all other residential parking requirements shall comply with the standards set forth in Division 9, Chapter 2, Articles 3 through 7 and 12 of this Code.

  • B. Retail, Commercial And Service Uses:
  1. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area. Similar uses having drive-up windows or drive-through facilities shall have a stacking area for at least five (5) vehicles.

  2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross leasable floor area.

  • C. Places of Public Assembly:
  1. Commercial Recreation And Public Assembly: One parking space for each four (4) person capacity.

  2. Public Establishments, Bars, Restaurants, Taverns and Nightclubs: A minimum of four (4) parking spaces plus one parking space for each three (3) seats. Similar uses having drive-up windows or drivethrough facilities shall have a stacking area for at least five (5) vehicles.

  • D. Manufacturing Plants, Warehousing And Kindred Uses:
  1. Industrial Uses of All Types Except A Building Used Exclusively For Warehouse Purposes: One parking space for each employee on the maximum shift, plus required space for any office area, plus a minimum of two (2) spaces for customer parking plus one space for each vehicle operated from or on the site. In no case shall the number of on-site parking spaces be less than Subsection D2 of this Section. 2. Warehouse, Storage Buildings Including Ministorage: One parking space for each two thousand five hundred (2,500) square feet up to twenty-five thousand (25,000) square feet; one for each additional ten thousand (10,000) square feet or one parking space for each two (2) employees on the maximum shift, whichever amount is greater, plus four (4) spaces for customers and one space for each vehicle operated from, or on the site. There shall be provided a minimum of three (3) spaces.

  2. Wholesale Establishment: One parking space for each four hundred (400) square feet of gross leasable space.

  3. Mixed Uses: When two (2) or more uses under the same or different owners and/or managers are located in the same structure and/or in a common development, the sum of the separate requirements for each use shall be as set forth in this Section. In the event of multiple uses, the Commission may require areas of less intensive use to provide a higher parking requirement if it is determined that the health, safety, and general welfare of the area requires the higher standard. No parking space, or portion thereof, shall serve as a required space for more than one use unless otherwise authorized by the Commission. 5. Other Uses: For uses not set forth in this Section, parking spaces shall be provided on the same basis as required for the most similar listed use. A land use not specified shall provide parking as determined by the Director. The Director shall use the requirements of § 9198 for similar uses as a guide in determining the minimum number of parking spaces to be provided, and may require the applicant to fund a parking study to determine parking demand. (Ord. 793, §2, adopted 1982; Ord. 888, adopted 1989; Ord. 961, §1, adopted 1995; Ord. 1110, §1, adopted 2008; Ord. 1268, §9, adopted 2026)

as determined by the Director. The Director shall use the requirements of § 9198 for similar uses as a guide in determining the minimum number of parking spaces to be provided, and may require the applicant to fund a parking study to determine parking demand. (Ord. 793, §2, adopted 1982; Ord. 888, adopted 1989; Ord. 961, §1, adopted 1995; Ord. 1110, §1, adopted 2008; Ord. 1268, §9, adopted 2026)

§9199 EXEMPTIONS FROM OFF STREET PARKING REQUIREMENTS A. Existing Commercial Structures: 1. All existing commercial structures as of January 1, 1979, within the area defined as the City of Ukiah Parking District no. 1, shall be exempt from the required off street parking requirements prescribed in Section 9198 of this Article. This exemption applies to changes in the structure, a sale of the property or business or expansion into existing structure space. New commercial construction including demolition, reconstruction, structural additions and existing or new residential uses within said district are not exempt. The exemption provided in this Section does not require variance approval by the Planning Commission or the City Council.

applies to changes in the structure, a sale of the property or business or expansion into existing structure space. New commercial construction including demolition, reconstruction, structural additions and existing or new residential uses within said district are not exempt. The exemption provided in this Section does not require variance approval by the Planning Commission or the City Council.

B. Bicycle Parking Facility Exemption:
1. A parking space exemption may be granted to projects involving new construction at a rate of one vehicle space for every five (5) bicycle spaces provided. This exemption shall not exceed three (3) vehicle
parking spaces per parcel. A bicycle parking space is a designated area with a facility designed for the parking and securing of bicycles.
2. Safe bicycle parking facilities shall be provided in all commercial developments, where it is determined that the use would attract bicyclists. The number of bicycle parking spaces required shall be not less
than ten percent (10%) of the number of required off-street automobile parking spaces. Bicycle parking spaces required and provided under this Subsection shall count toward required off-street automobile
parking and may be used to reduce the total number of vehicle parking spaces otherwise required.
3. Required bicycle parking shall be located conveniently near building entrances and designed to provide safe, secure, and weather-protected bicycle storage where feasible. Further standards are provided in
Ukiah City Code §
9208 Bicycle Parking Design Standards.
C. Adjustments to Parking requirements may be reduced through the following processes:
1. Where an applicant requests or where the Community Development Director determines that, due to special circumstances, any particular use requires a parking capacity which deviates from the standards
specified in §UCC
9198,parking requirements may be reduced through the following processes:
a. Minor adjustment: Allows for parking modification up to 25 percent for projects that do not require discretionary review. The Community Development Director may approve an increase or decrease in
parking spaces after first making the following findings:
(1) Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in §UCC
9198;
(2) The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.
b. Discretionary approval. If the project already requires Discretionary Review, this exception may be used to reduce the amount of parking spaces by any amount. The Zoning Administrator or Planning
Commission may, as a condition of project approval, approve any increase or decrease in parking spaces after first making the following findings:
(1) Due to special circumstances associated with the operation of the use at its location, the proposed use will generate a parking demand different from the standards specified in §UCC
9198;
(2) The number of parking spaces approved will be sufficient for its safe, convenient, and efficient operation of the use.
D. In Lieu Fees:
  1. Owners of property (a single parcel or combination of contiguous parcels) smaller than seven thousand (7,000) square feet in area may pay an in-lieu parking fee rather than providing all the required onsite parking spaces. The increased developable portion of the parcel that would have been used for vehicle parking spaces, shall not be solely used for structure(s) or building expansion.

  2. Owners who propose to construct, demolish, reconstruct or make structural additions to a commercial structure on a parcel of land consisting of less than seven thousand (7,000) square feet may elect to pay a fee in lieu of providing on-site parking spaces as provided in Section 9198 of this Article. The actual amount of the fee per parking space shall be established pursuant to Sections 9542 and 9544 of this Division.

  3. All in lieu fees for parking purposes shall be used by the City for the construction or improvement of automobile or bicycle parking facilities or alternative transportation facilities at an appropriate time which serves the employees and customers of the commercial area within Parking District no. 1.

  4. Prior to the issuance of a building permit, the property owner shall pay the required in lieu fee to the City. (Ord. 793, §2, adopted 1982; Ord. 961, §2, adopted 1995; Ord. 1268, §9, adopted 2026)

§9200 NUMBER OF NONMALL TYPE LOADING SPACES REQUIRED

There shall be provided and maintained in all districts on the same parcel with every building, or portion thereof, having a gross floor area of five thousand (5,000) square feet or more, which building is to be occupied for the manufacturing, display, storage, or warehousing of goods, for retail sales, or as a hotel, hospital, mortuary, laundry, dry cleaning establishment, or for other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, at lease one off street loading space, for each twenty thousand (20,000) square feet of floor area in the building. (Ord. 793, §2, adopted 1982)

§9201 NUMBER OF MALL TYPE LOADING SPACES REQUIRED

Off street loading spaces for mall type commercial or industrial developments shall be provided as required by the commission; provided, however, in no event shall the requirement be less than zero to five thousand (5,000) square feet, no off street loading space required; five thousand (5,000) to twenty thousand (20,000) square feet, one off street loading space; one additional off street loading space for each twenty thousand (20,000) square feet of gross floor area in the building may be required. (Ord. 793, §2, adopted 1982)

§9202 NUMBER OF UNSPECIFIED LOADING SPACES REQUIRED

Loading spaces adequate in number and size shall be provided as required by the commission for uses not otherwise provided for in this article. (Ord. 793, §2, adopted 1982)

§9203 LOCATION OF LOADING FACILITIES; SCREENING

All loading spaces shall be provided on the same side or in the rear of the building. No loading and unloading shall be permitted in front of premises. In districts abutting a residential district, all loading and unloading facilities shall be screened by a six foot (6’) high sight obscuring fence or hedge. (Ord. 793, §2, adopted 1982)

§9204 SIZE OF LOADING SPACE

Unless otherwise specified loading spaces shall measure twelve feet (12’) in width and twenty five feet (25’) in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of fourteen feet (14’). Additional length may be required depending upon vehicle size. (Ord. 793, §2, adopted 1982)

§9205 SURFACING OF LOADING SPACES

All open off street loading spaces shall be surfaced with asphaltic concrete, concrete or other surfacing so as to provide a durable, dust free, all weather surfacing which shall meet the requirements of all applicable laws and the approval of the city engineer. (Ord. 793, §2, adopted 1982)

§9206 USE OF LOADING SPACES FOR PARKING

Spaces allocated to any off street loading and unloading space shall not, while so allocated, be used to satisfy the space requirements for any off street parking facilities or portion thereof. (Ord. 793, §2, adopted 1982)

§9207 OFF STREET LOADING SPACES

The off street loading spaces required by the provisions of this article shall only be required where there is a public alley or driveway easement or where access can be provided from an adjacent off street parking area. Where only street access is available, loading spaces shall not be required. (Ord. 793, §2, adopted 1982)

§9208 BICYCLE PARKING DESIGN STANDARDS

For the purpose of this Section, "bicycle parking facilities" shall refer to both long-term/Class II and short-term/Class I bicycle parking facilities as visualized in §9055.1 Development Standards.

  • A. All bicycle parking spaces provided shall be on a hard and stable surface.

  • B. All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.

C. All bicycle parking facilities shall support bicycles by at least two contact points on the bicycle to prevent the bicycle from falling over and to prevent damage to wheels, frame, or other components. D. All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles.

E. Short-term bicycle parking facilities are subject to and shall meet all the following requirements:

  1. The facilities shall be located at least three feet (3’) away from any wall, fence, or other structure. 2. When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet (3’) apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other. 3. The facilities shall be installed in a clear space at least two feet (2’) in width by six feet (6’) in length to allow sufficient space between parked bicycles.

  2. Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack.

  3. The facilities shall meet the minimum dimensions for bicycle parking spaces of two feet (2’) wide, six feet (6’) long and four feet (4’) tall. 6. There must be at least five feet (5’) of clear space to access all bicycle parking spaces and allow room for bicycle maneuvering. Where short-term bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way.

  • F. The following information must be submitted with applications for an applicable building permit for new square footage or development permit:
  1. Location, access route, and number of both short-term and long-term bicycle parking spaces;

  2. The model or design of the bicycle parking facilities to be installed;

  3. Dimensions of all aisles and maneuvering areas; and

  4. Information adequate to illustrate the racks and spaces that satisfy the minimum horizontal requirement, and the racks and spaces that accommodate a larger bicycle footprint.

  • G. Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible and well lighted area within twenty feet of a building entrance and within view of pedestrian traffic.

H. Short-term bicycle parking facilities that consist of: covered, lockable enclosures with permanently anchored racks for bicycles; or lockable bicycle rooms with permanently anchored racks; or lockable, permanently anchored bicycle lockers shall be located in a convenient, highly visible and well-lighted area within one hundred feet of a common publicly accessible building entrance and within view of pedestrian traffic. I. Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by pedestrians from the street and located within one hundred feet of building entrances accessible by tenants and occupants.

J. If bicycle parking is not visible from the main building entrances, a sign must be permanently posted at the main entrances, including public and employee entrances, indicating the location of the bicycle parking. (Ord. 1268, §9, adopted 2026)

§9209 NONCONFORMING USES

A. The lawful use of land or buildings existing on or before January 21, 1950, and continuously since that time, although such use does not conform to the regulations herein specified for the district in which such land or buildings are located, may be continued provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use as of January 21, 1950, except as provided in this section and that if any such use ceases, as defined herein, the subsequent use of such land or buildings shall be in conformity to the regulations specified by this chapter, for the district in which such land or buildings are located.

B. The nonconforming use of a portion of a building may be extended throughout the building, provided that in each case a use permit shall be first obtained.

C. The nonconforming use of a building may be changed to use of the same or of a more restrictive nature, provided that in each case a use permit shall be first obtained.

D. If the nonconforming use of land or buildings ceases for a continuous period of six (6) months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located.

E. A nonconforming building damaged or destroyed by fire, explosion, earthquake or other act to an extent of more than seventy five percent (75%) of the market value thereof, may be restored to the same land use density only if made to conform to all the site regulations of the district in which it is located, provided that such building shall be subject to site development permit by the planning commission in accordance with article 20 of this chapter.

F. Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made and providing that such work does not exceed fifteen percent (15%) of the appraised value in any one year. Other repairs, alterations and minor additions may be permitted provided that a use permit shall be first secured in each case. (Ord. 793, §2, adopted 1982)

§9210 OFFICE

(Ord. 793, §2, adopted 1982; Rep. by Ord. 996, §2, adopted 1997)

§9211 DESIGNATION

(Ord. 793, §2, adopted 1982; Rep. by Ord. 996, §2, adopted 1997)

§9212 FUNCTION

(Ord. 793, §2, adopted 1982; Rep. by Ord. 1110, §1, adopted 2008)

§9213 AUTHORITY

(Ord. 793, §2, adopted 1982; Rep. by Ord. 996, §2, adopted 1997)

§9214 REFERRAL TO THE PLANNING COMMISSION

(Ord. 793, §2, adopted 1982; Rep. by Ord. 996, §2, adopted 1997)

§9215 APPEALS

(Ord. 793, §2, adopted 1982; Rep. by Ord. 996, §2, adopted 1997) Home Previous Next

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CHAPTER 2 ZONING

ARTICLE 18. DOWNTOWN ZONING CODE

SECTION:

§9220: Purpose §9220.1: Purpose §9221: Applicability §9221.1: Applicability §9221.2: Relationship To Zoning Ordinance §9221.3: Administration

§9222: Zoning §9222.1: Applicability §9222.2: Transect Zones §9222.3: Civic Spaces

§9223: Building And Site Uses §9223.1: Applicability §9224: Standards For Specific Land Uses §9224.1: Purpose §9224.2: Applicability §9224.3: Community Gardens §9224.4: Home Occupations §9224.5: Large Family Daycare §9224.6: Live Entertainment §9224.7: Outdoor Dining §9224.8: Sidewalk Cafe §9224.9: Restaurant – Formula Fast Food §9224.10: Condominiums §9224.11: Live/Work Units §9224.12: Mixed-Use Projects §9224.13: Second Units §9224.14: Single Room Occupancy Facilities §9224.15: Specialty Food And Beverage Sales With Tastings §9225: Site And Building Development Standards §9225.1: Purpose §9225.2: Applicability §9225.3: Building Types §9225.4: Building Height §9225.5: Building Setbacks §9225.6: Private Frontage Types §9225.7: Layers §9226: Architectural Standards §9227: Historical Building Standards §9227.1: Historical Building Standards §9228: Parking Standards And Procedures §9228.1: Parking Required §9228.2: Number Of Parking Spaces Required §9228.3: Reduction Of Required Vehicle Parking §9228.4: Excess Parking §9228.5: Location Of Required Vehicle Parking §9228.6: Parking Stalls And Drive Aisles §9229: Tree Preservation And Planting Requirements §9229.1: Purpose §9229.2: Applicability §9229.3: Tree Preservation §9229.4: Planting Requirements

Parking Required §9228.2: Number Of Parking Spaces Required §9228.3: Reduction Of Required Vehicle Parking §9228.4: Excess Parking §9228.5: Location Of Required Vehicle Parking §9228.6: Parking Stalls And Drive Aisles §9229: Tree Preservation And Planting Requirements §9229.1: Purpose §9229.2: Applicability §9229.3: Tree Preservation §9229.4: Planting Requirements

§9229.5: Street Tree Design Principles §9229.6: Use Of Alternate Tree Species §9229.7: Required Street Trees §9229.8: Alternate Street Trees For Primary Streets §9229.9: Required Street Trees For Nonprimary Streets §9229.10: Required Parking Lot Trees §9229.11: Alternate Parking Lot Trees §9229.12: Required Riparian Trees §9230: Circulation Standards §9230.1: Purpose §9230.2: Applicability §9230.3: Circulation Map §9230.4: Primary Streets §9230.5: Streets §9230.6: Alleys §9230.7: Pedestrian/Bike Paths §9230.8: Gibson Creek §9230.9: Exception To Circulation Design Standards §9230.10: Street Improvement Requirements §9230.11: Special Designations §9231: Administration And Procedures §9231.1: Purpose §9231.2: Applicability §9231.3: Site Development Permits §9231.4: Use Permits §9231.5: Exceptions §9231.6: Subdivisions §9231.7: Variance §9231.8: Planned Developments §9231.9: Amendment §9231.10: Concurrent Permits §9231.11: Calculations – Rounding §9231.12: Nonconforming Uses, Structures And Parcels §9231.13: Nonconforming Uses §9231.14: Nonconforming Structures §9231.15: Nonconforming Parcels §9231.16: Exemptions §9231.17: Unlawful Uses And Structures §9232: Glossary §9232.1: Purpose §9232.2: Rules For Construction Of Language §9232.3: Definitions

§9220 PURPOSE

§9221 APPLICABILITY

§9222 ZONING

§9223 BUILDING AND SITE USES

§9224 STANDARDS FOR SPECIFIC LAND USES

§9225 SITE AND BUILDING DEVELOPMENT STANDARDS

§9226 ARCHITECTURAL STANDARDS

Table 11: Frontage Types and Storefront Standards

STANDARDS
(1) (2)
GENERAL
URBAN GU
URBAN
CENTER UC
DOWNTOWN
CORE DC
MODIFICATION
TO STANDARD
(3)
FACADE ORIENTATION
Relationship to
Frontage Line
Parallel to
principal
frontage line(s)
Parallel to
principal
frontage line(s)
for 70% of its
length
Parallel to
principal frontage
line(s) for 80% of
its length
Minor Exception
Location of
Principal
Pedestrian
Entrance
On the frontage
line (4)
On the
frontage line
(4)
On the frontage
line (4)
Major Exception
STANDARDS
(1) (2)
GENERAL
URBAN GU
URBAN
CENTER UC
DOWNTOWN
CORE DC
MODIFICATION
TO STANDARD
(3)
Corner
Treatment
Ground floor located behind the sidewalk shall
wrap the corner in circular, chamfered, or similar
manner.
Turrets are encouraged for corner buildings.
Major Exception
Existing
Building (5)
Exterior modifications and additions to existing
buildings with nonconforming facade orientation
shall utilize an allowed frontage type as required by
Table 6: Principal Building Standards.
Major Exception
STOREFRONT FRONTAGES (6) – GROUND LEVEL
Entrance –
Corner
Building
Primary entry facing the corner. Additional
(secondary entries) may be located along the
frontage lines.
Major Exception
Entrance –
Height
Flush with sidewalk grade except as required for
compliance with flood plain management
requirements (Chapter 6 of this division).
Minor Exception
Expression
Lines (2)
Required for mixed-use buildings. Minor Exception
Facade Width In order to break up wide buildings and to make
them appear as individual smaller buildings, the
maximum width of a single facade style shall be 75
feet.
See Design Appendix
Minor Exception
Floor Height –
Minimum
12 feet clear measured from the surface of the floor
to bottom of the ceiling.
Story height shall not exceed 14 feet.
Minor Exception
Door Spacing
on Frontage(s)
(7)
Operable front doors spaced a maximum of 30 feet
apart along the block face. (8)
Minor Exception
Glazing Clear glass over a minimum of 70% of the ground
level facade(s).
Prohibited: opaque or mirroredglazing.
Minor Exception
AWNINGS, GALLERIES, AND ARCADES
Materials Metal, cloth, wood.
Prohibited: hard acrylic.
Minor Exception
Functionality When located on the south or west elevation,
located to provide shading of the interior of the
building.
Minor Exception
Existing
Awning
An existing frame that does not comply with the
functionality requirement may be recovered.
Materials shall comply with the materials noted
above.
Minor Exception
ENCROACHMENTS
Arcade,
Awning,
Gallery
Allowed to occupy all or part of the required
setback. (9)
None (10)
Balcony,
French
Balcony
Allowed to occupy all or part of the required
setback. (9)
None (10)
Bay Window Allowed to occupy all or part of the required
setback.(9)
None (10)
Stoop Allowed to occupy all or part of the required
setback.
None (10)
1. Encroachment into the public right-of-way requires approval of an encroachment
permit from the Public Works Department.
2. See section 9232 of this code, Glossary, for an explanation of terms.
3. See section 9231 of this code, Administration and Procedures.

STANDARDS MODIFICATION GENERAL URBAN DOWNTOWN TO STANDARD (1) (2) URBAN GU CENTER UC CORE DC (3) 4. On corner lots, orientation of the principal pedestrian entrance shall be to the corner.

  1. Existing buildings with nonconforming frontage types may retain the existing facade when making interior modifications that do not affect the exterior of the building.

  2. Refer to Figure 9: Special Designations Map, for locations of “required” and “recommended” storefront frontages.

  3. Where shopfront frontage is required by Figure 9: Special Designations Map.

  4. Doors shall be installed as required. All doors are not required to be operable. Compliance with the location of the primary entrance for corner building is required and this door shall be operable.

  5. Encroachment into the public right-of-way may be allowed with approval of the review authority and the Public Works Department.

  6. An exception is not required in order to encroach into the setback. Approval of the Planning Department, Public Works Department, and Electric Department is required.

Table 12: Architectural Elements and Materials

Table 12: Architectural Elements and Materials
STANDARDS
(1)(2)
ALL ZONES MODIFICATION
TO STANDARD
(3)
EXISTING BUILDINGS
Addition –
Facade
Shall comply with the architectural standards
included in this table.(4)
Major Exception
Addition –
Elevation
Shall comply with the architectural standards
included in this table.(4)
Minor Exception
Modification –
Facade
Shall comply with the architectural standards
included in this table.(4)
Major Exception
Modification –
Elevation
Shall comply with the architectural standards
included in this table.(4)
Minor Exception
OPENINGS
Above First
Story –
Maximum
Opening
Maximum opening of 75% of total building wall
area for each facade or elevation.
Minor Exception
Above First
Story –
Minimum
Opening
Minimum opening of 25% of total building wall
area for each facade or elevation.
Minor Exception
Arcades,
Galleries,
Windows, Etc. –
Orientation
Vertical or square orientation.
Horizontal orientation is prohibited.
Minor Exception
Doors and
Windows –
Slider Operation
Prohibited along frontages. Major Exception
Doors and
Windows –
Faux (e.g.,
Flush/Nail-On)
Prohibited. Major Exception
Doors and
Windows –
Recess
Minimum 3-inch recess required on facade(s),
measured from the wall of the facade.
Minor Exception
Window –
Shutter (5)
Sized to match window opening (close over the
entire window).
Minor Exception
MATERIALS
Balconies,
Stoops
Concrete, painted or stained wood, or metal. Minor Exception
STANDARDS
(1)(2)
ALL ZONES MODIFICATION
TO STANDARD
(3)
Facade(s) –
Primary
Exterior Finish
(6)
Brick, wood siding, fiber cement siding, stucco,
stone.
Minor Exception
Facade –
Location of
Materials
Combined horizontally with heavier material below
the lighter material.
Minor Exception
Prohibited Plane panel siding (T1-11) as the primary siding
material.
Major Exception
ROOFS
Cool Roof,
Living Roof,
Roof Garden
Allowed and encouraged in compliance with all
applicable building code requirements.
None (7)
Flat Roof –
Parapet
Enclosed by a parapet with a minimum height of
42 inches or as needed to screen mechanical
equipment.
Minor Exception
Sloped Roof –
Pitch
Sloped symmetrically with a minimum pitch of
5:12.
Shed roof mayhave a minimumpitch of 2:12.
Minor Exception
Photovoltaic –
Location
On a sloped roof, shall be flush mounted.
On a flat roof, shall be flush mounted or if tilted
shall not extend above the parapet of the roof.
Minor Exception
Roof Slope Shall be designed to accommodate photovoltaic. Minor Exception
Accessory
Structures
Allowed in compliance with all applicable building
code requirements and subject to the development
standards for accessory buildings. (8)
Examples include trellis, pergola, gazebo and other
similar structures as determined by the Planning
Director.
Minor Exception
ANCHOR BUILDINGS (9)
Facade Design Building length shall be visually reduced by varying
building and/or parapet heights.
The use of different colors and materials should
also be considered.
Major Exception
1. Encroachment into the public right-of-way requires approval of an encroachment
permit from the Public Works Department.
2. See section 9232 of this code, Glossary, for an explanation of terms.
3. See section 9231 of this code, Administration and Procedures.
4. Unless subject to the requirements of Table 13: Historical Building Standards.
5. Not a required design element. If included as part of the project, shutters must comply
with this standard.
6. Synthetic materials such as hardboard siding and stone (e.g., limestone, glazed tile,
and heritage materials known to be used historically in Ukiah) may also be allowed if it
accurately simulates the natural material and has equal or better weathering
characteristics. The use of the material is at the discretion of the review authority (i.e.,
Planning Commission, Zoning Administrator, Director).
7. No exception is required since this is a recommendation and not a requirement.
8. Minor exception is required to modify standards for accessory buildings.
9. Applies to anybuildingwith a facade width of75feet or more.

(Ord. 1139, §2 (Exh. A, 7), adopted 2012)

§9227 HISTORICAL BUILDING STANDARDS

§9229 TREE PRESERVATION AND PLANTING REQUIREMENTS

§9230 CIRCULATION STANDARDS

§9231 ADMINISTRATION AND PROCEDURES

§9232 GLOSSARY

§9250 BUILDING SITE AREA; EXCEPTION OF PRIOR NONCONFORMING LAND

Any lot or parcel of land under one ownership and of record on and continuously since January 21, 1950, where title to and ownership of such property has not changed since that date, and where no adjoining land is owned by the same person, may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located. (Ord. 793, §2, adopted 1982)

§9251 BUILDING SITE NOT HAVING PRINCIPAL FRONTAGE ON ACCEPTED STREET

(Ord. 793, §2, adopted 1982; Rep. by Ord. 1081, §3, adopted 2006)

§9252 LARGE AREAS NOT FRONTING ON PUBLIC STREET APPROVABLE AS TWO BUILDING SITES UNDER…

(Ord. 793, §2, adopted 1982; Rep. by Ord. 1081, §3, adopted 2006)

§9253 DENSITY BONUSES AND OTHER INCENTIVES FOR LOW AND MODERATE INCOME HOUSING

When a developer of housing agrees or proposes to construct housing which complies with the standards of Government Code sections
65915(b) and (c) as it now reads or may hereafter be amended, the city

65915(b) and (c) as it now reads or may hereafter be amended, the city
shall provide density bonuses or other incentives, at least, equal to the density bonus or other incentives provided in Government Code sections
65915(b) and (h), unless the city planning commission or city
council makes the written findings provided in Government Code section
65915(b). The city may provide these incentives by one or more of the
following methods:
A. Design and density bonus incentives may be provided by using the planned development (PD) zoning district, regardless of the property size.
B. A variance authorizing a reduction or waiver of development standards otherwise prescribed in this code may be granted by the city council upon recommendation of the planning commission utilizing
the procedure in this chapter.
C. The applicant must include specific density bonus and/or other incentives sought in the initial project application, and the application shall be processed according to the procedures contained in sections
9165 through
9167 of this chapter (where PD zoning is sought). (Ord. 945, §1, adopted 1993)
§9254 CANNABIS CULTIVATION
A. Definitions: As used herein the following definitions shall apply:
CULTIVATION: The planting, growing, harvesting, drying, or processing of cannabis plants or any part thereof.

FULLY ENCLOSED AND SECURE STRUCTURE: A space within a building that complies with the California Building Code, as adopted in the City of Ukiah ("CBC"), or, if exempt from the permit requirements of the CBC, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch (2") by four-inch (4") or thicker studs overlaid with three-eighth-inch (3/8") or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California Building, Electrical, and Fire Codes as adopted in the City of Ukiah. IMMATURE CANNABIS PLANT: A cannabis plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination, and which is less than twelve inches (12") in height and less than twelve inches (12") in width. INDOORS: Within a fully enclosed and secure structure. MATURE CANNABIS PLANT: A cannabis plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination. MIXED-LIGHT: Within a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure using a combination of natural and artificial light and meeting the definition of “mixedlight” set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time. OUTDOOR: Any location within the City of Ukiah that is not within a fully enclosed and secure structure. PARCEL: Property assigned a separate parcel number by the Mendocino County Assessor.

tructure using a combination of natural and artificial light and meeting the definition of “mixedlight” set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time. OUTDOOR: Any location within the City of Ukiah that is not within a fully enclosed and secure structure. PARCEL: Property assigned a separate parcel number by the Mendocino County Assessor.

B. Cultivation Of Cannabis: 1. Outdoor Cultivation: Except as set forth in subsection B4 of this section and in section 9174.4 of this code, it is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City of Ukiah to cause or allow such premises to be used for the outdoor cultivation of marijuana plants. 2. Indoor Cultivation for Personal Use in Residential Zoning Districts: a. Except as permitted in Division 6, Chapter 8 of this code, it is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any residential zoning district (R-1, R-2, R-3 and CN districts) in the City of Ukiah to cause or allow such parcel to be used for the cultivation of more than six (6) mature and twelve (12) immature marijuana plants within a fully enclosed and secure structure on the parcel. b. All structures used for indoor cultivation must be legally constructed with all applicable permits such as grading, building, electrical, mechanical and plumbing. All indoor cultivation structures shall be equipped with an odor control filtration and ventilation system adequate to prevent odor outside the cultivation area, humidity, or mold. In the event that cannabis is cultivated indoors in a structure designed or used for residential occupancy, the area in which the cannabis is cultivated shall be on a separate ventilation system from the habitable areas of the structure. c. Any structure designed or used for residential occupancy where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used for cannabis cultivation. d. The indoor cultivation of cannabis must comply with all applicable State and local laws, including fire and building codes. e. Light systems for indoor cultivation of cannabis shall be fully shielded, including adequate coverings on windows, so as to confine light and glare to the interior of the structure. f. All electrical equipment used in the indoor cultivation of cannabis shall be plugged directly into a wall outlet or otherwise hardwired and such outlet or wiring must comply with the most recent edition of the California Electrical Code and any other applicable codes. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis is prohibited. g. The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited. h. A waterproof membrane or other waterproof barrier shall be installed in the cultivation area and beneath individual plants to protect the floor of the indoor cultivation area from water damage. i. No effluent, including, but not limited to, waste products, chemical fertilizers or pesticides, shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers and streams as a result of indoor cultivation of cannabis.

th individual plants to protect the floor of the indoor cultivation area from water damage. i. No effluent, including, but not limited to, waste products, chemical fertilizers or pesticides, shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers and streams as a result of indoor cultivation of cannabis.

  1. Indoor Commercial Cultivation Of Cannabis: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City of Ukiah to cause or allow such parcel to be used for the commercial cultivation of cannabis, unless (a) the person is operating a cannabis retailer pursuant to a valid use permit, within the C1, C2, CN, M, and PD (Commercial) Zoning Districts and in the GU, UC, and DC Downtown Zoning Districts, and the space devoted to on-site cultivation at the cannabis retailer does not exceed twenty-five percent (25%) of the total floor area, but in no case more than five hundred (500) square feet; or (b) the person is operating a commercial cannabis cultivation business of any type in compliance with all requirements set forth in sections 9261, 9262, and 9278 of this code and with all applicable State laws and regulations including licensing requirements.

  2. Outdoor Commercial Cultivation Of Cannabis: A person owning, leasing, occupying, or having charge or possession of any parcel within the City of Ukiah may cause or allow such parcel to be used for the outdoor commercial cultivation of cannabis if the person is operating that commercial cannabis cultivation business pursuant to a valid use permit within the A-E District or a district combined with -A Overlay and in compliance with all requirements set forth in sections 9174.2, 9174.4, 9261, and 9262 of this code and with all applicable State laws and regulations including licensing requirements.

  3. Public Nuisance Prohibited: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City of Ukiah to create a public nuisance in the course of cultivating cannabis plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist if such activity produces: (a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, (b) repeated responses to the parcel from law enforcement officers, (c) a repeated disruption to the free passage of persons or vehicles in the neighborhood, (d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or (e) any other impacts on the neighborhood which are disruptive of normal activity in the area.

  • C. Enforcement:
  1. Public Nuisance: The violation of this section is hereby declared to be a public nuisance.

  2. Abatement: A violation of this section may be abated by the City Attorney by the prosecution of a civil action for injunctive relief and by the summary abatement procedure set forth in subsection C3 of this section.

  3. Summary Abatement Procedure:

  • a. The Code Enforcement Officer and the Director of Planning, or his or her designee (hereafter, the "enforcement official"), are hereby authorized to order the abatement of any violation of this section by issuing a notice to abate. The notice shall:

  • (1) Describe the location of and the specific conditions which represent a violation of this section and the actions required to abate the violation.

  • (2) Describe the evidence relied upon to determine that a violation exists; provided, that the enforcement official may withhold the identity of a witness to protect the witness from injury or harassment, if such action is reasonable under the circumstances.

  • (3) State the date and time by which the required abatement actions must be completed.

(4) State that to avoid the civil penalty provided in subsection C3a(8) of this section and further enforcement action, the enforcement official must receive consent to inspect the premises where the violation
exists to verify that the violation has been abated by the established deadline.
(5) State that the owner or occupant of the property where the violation is located has a right to appeal the notice by filing a written notice of appeal with the City Clerk by no later than three (3) business days
from the service of the notice. The notice of appeal must include an address, telephone number, fax number, if available, and email address, if available. The City may rely on any of these for service or notice
purposes. If an adequate written appeal is timely filed, the owner or occupant will be entitled to a hearing as provided in subsection C3c of this section.
(6) State that the order to abate the violation becomes final if a timely appeal is not filed or upon the issuance of a written decision after the appeal hearing is conducted in accordance with subsection C3c of
this section.
(7) State that a final order of abatement may be enforced by application to the Superior Court for an inspection and/or abatement warrant or other court order.
(8) State that a final order to abate the nuisance will subject the property owner and the occupant to a civil penalty of five hundred dollars ($500.00) for each day that the violation continues after the date
specified in the notice under subsection C3a(3) of this section, when the violation must be abated. The penalty may be recovered through an ordinary civil action, or in connection with an application for an
inspection or nuisance abatement warrant.
(9) State that in any administrative or court proceeding to enforce the abatement order the prevailing party is entitled to recover reasonable attorney fees from the other party or parties to the action, if the
City elects, at the initiation of an individual action or proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a
prevailing party exceed the amount of reasonable attorney fees incurred by the City in the action or proceeding.
b. The notice described in subsection C3a of this section shall be served in the same manner as summons in a civil action in accordance with article 3 (commencing with section
415.10)of chapter 4 of title 5 of
part 2 of the Code of Civil Procedure, or by certified mail, return receipt requested, at the option of the City. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a
copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation pursuant to Government Code section
6062.
c. Not sooner than five (5) business days after a notice of appeal is filed with the City Clerk, a hearing shall be held before the City Manager or a hearing officer designated by the City Manager to hear such
appeals. The appellant shall be given notice of the date, time and place of the hearing not less than five (5) days in advance. The notice may be given by telephone, fax, email, personal service or posting on the
property. At the hearing, the enforcement official shall present evidence of the violation, which may include, but is not limited to, incident and police reports, witness statements, photographs, and the
testimony of witnesses. The property owner and the occupant of the property where the violation is alleged to exist shall have the right to present evidence and argument in their behalf and to examine and
cross-examine witnesses. The property owner and property occupant are entitled at their own expense to representation of their choice. At the conclusion of the hearing, the City Manager or hearing officer
shall render a written decision which may be served by regular first class mail on the appellants.
d. A final order to abate the nuisance will subject the property owner or owners and any occupant or occupants of the property who are cultivating cannabis in violation of this section to a civil penalty of five
hundred dollars ($500.00) for each day that the violation continues after the date specified in the notice under subsection C3a(3) of this section, when the violation must be abated.
4. Violation: Cultivation of cannabis on parcels within the City that does not comply with this section constitutes a violation of the zoning ordinance and is subject to the penalties and enforcement as provided
in Chapter 2, Article 22 of this division.
  1. Penalties Not Exclusive: The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others and none of these penalties and remedies prevent the City from using any other remedy at law or in equity which may be available to enforce this section or to abate a public nuisance. (Ord. 1067, §§1, 2, 5, adopted 2005; Ord. 1070, §§1, 2, 5, 6, adopted 2005; Ord. 1071, §2, adopted 2005; Ord. 1097, §1, adopted 2007; Ord. 1104, §2, adopted 2007; Ord. 1176, §3, adopted 2017; Ord. 1185, §3, adopted 2017; Ord. 1226, §10, adopted 2022; Ord. 1253, §6, adopted 2025) Home Previous Next
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CHAPTER 2
ZONING
ARTICLE 20. ADMINISTRATION AND PROCEDURES
1
SECTION:
§9260: Purpose
§9261: Discretionary Planning Permits
§9262: Use Permit Procedures
§9263: Site Development Permit Procedures
§9264: Variance Procedures
§9265: Zoning Text Amendments; Rezoning
§9266: Appeals
§9267: Prezoning
§9268: Zoning Administrator
§9269: Administrative Use Permits

§9260 PURPOSE

The purpose of this article is to establish the development permit and rezoning/prezoning processing procedures, and to establish the process and legal procedures associated with the enforcement of the provisions of this chapter. Additionally, this article establishes the office of the Zoning Administrator. (Ord. 1002, §2, adopted 1998; Ord. 1216, §7, adopted 2021)

§9261 DISCRETIONARY PLANNING PERMITS

The City’s discretionary planning permits include use permits, site development permits, and variances.

A. Use Permits: A use permit is an entitlement that permits a certain use of land in a zoning district where the use is not allowed by right. Each zoning district contains both allowed and permitted land uses. "Allowed" land uses are allowed without a use permit, while "permitted" uses can only be established with the securing of a use permit. Use permits are usually issued with "conditions," and are intended to provide flexibility by permitting land uses that will not have an adverse impact on surrounding land uses or the general public. The detailed provisions for use permits are contained in section 9262 of this code. B. Site Development Permits: Site development permits are required for the construction of new multiple-family residential (see subsection B1 of this section), commercial, and industrial structures, or the substantial exterior modification of existing multiple-family residential, commercial, and industrial structures. Projects exempt from the site development permit process include interior building remodels, repair and maintenance of structures or parking areas, minor alterations on building exteriors, and minor accessory structures to established multiple-family residential, commercial, and industrial buildings. Upon request, the Planning Director shall determine whether a project is exempt under this subsection in accordance with the following standards: 1. Multiple-family residential projects that comply with all the design and development standards in Chapter 2, Article 5.2 of this division are exempt; or

sory structures to established multiple-family residential, commercial, and industrial buildings. Upon request, the Planning Director shall determine whether a project is exempt under this subsection in accordance with the following standards: 1. Multiple-family residential projects that comply with all the design and development standards in Chapter 2, Article 5.2 of this division are exempt; or

2. The project involves an addition of less than one hundred fifty (150) square feet to an existing structure, and the addition would not be highly visible from any public street; or
3. The project involves minor facade modifications that would not significantly change the architectural character or appearance of the structure.
The detailed provisions for site development permits are contained in section 9263 of this code.
C. Variance Permits: A variance is a permit to deviate from the terms of the Zoning Ordinance. It provides relief from specific site development regulations. It is provided for because there are individual lots
which, due to some unusual characteristic, cannot be put to productive use if all detailed regulations (e.g., yard setbacks, height) are strictly applied. Variances are not issued for land uses ("use variance") or
relief of lot size requirements. The detailed provisions for variances are contained in Section
9264 of this Article.
D. Major And Minor Use Permits, Site Development Permits, And Variances: At the time of application submittal, the Community Development Director or assigned designee shall determine if the
proposed project constitutes a major or minor use permit, site development permit, or variance. The Community Development Director or assigned designee shall be guided by the following criteria when
determining whether a discretionary planning permit is major or minor:
1. In the C-1, C-2, and M Zoning Districts, facade improvements, small additions/expansions of more than one hundred fifty (150) square feet, but less than one thousand (1,000) square feet to existing
structures, minor amendments to previously approved permits, and changes in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional
traffic, noise, or other potential nuisances shall be considered minor in nature. Additions of one thousand (1,000) square feet or more shall be considered major discretionary projects. In the R-2, R-3, and C-
N Zoning Districts, additions of six hundred forty (640) or more square feet shall be considered major discretionary projects.
In the C-N (Neighborhood Commercial) Zoning District, a use permit is required to exceed the maximum thirty percent (30%) floor area ratio standard. A proposal to exceed this standard by less than ten
percent (10%) is considered a minor use permit.
2. New construction on vacant parcels, large additions/expansions to existing buildings, substantial amendments to previously approved permits, and changes in use of existing structure(s) that would
require an expansion of an existing parking facility, or that could generate substantial amounts of additional traffic, noise, or other nuisances shall be considered a major permit.
3. Minor variance applications are those seeking less than fifty percent (50%) relief from a yard setback requirement in a particular zoning district, or a height of less than five feet (5’) over what is allowed in a
particular zoning district.
4. Other small and relatively insignificant applications as determined by the Planning Director shall be considered minor.
5. a. In all zoning districts in which they are a permitted use, the following cannabis-related businesses shall be considered major uses:
Cannabis microbusiness.
Cannabis nursery.
Cannabis retailer.
Major use permits issued for cannabis-related businesses shall be subject to review after the first year of operation, and shall be subject to review and revocation procedures set forth in subsections 9174.2D
and E of this code.
b. In all zoning districts in which they are a permitted use, the following cannabis-related businesses shall be considered minor uses:
Cannabis cultivation – All types.
Cannabis distribution.
Cannabis manufacturer – Level 1.
Cannabis manufacturer – Packaging.
Cannabis manufacturer – Shared use.

Minor use permits issued for cannabis-related businesses shall be subject to review after the first year of operation, and shall be subject to review and revocation procedures set forth in subsections 9174.2D and E of this code.

c. In the Heavy Commercial (C-2) and Manufacturing (M) Zoning Districts, cannabis testing laboratories shall be considered a minor use. In the Community Commercial Zoning District (C-1) and General Urban (GU), Urban Center (UC), and Downtown Core (DC) Zoning Districts, cannabis testing laboratories shall be considered a major use.

d. In all zoning districts in which they are a permitted use, cannabis retailers will be required to obtain a dispensary use permit, as set forth in Division 6, Chapter 8 of this code.

E. Use Or Project Not Established: Whenever in this Article a permit is subject to revocation because the use or project for which the permit was issued is not established within required time limits, "not established" shall mean that the permittee has not taken substantial steps and has not incurred substantial expense to construct, complete and commence the use for which the permit was issued, and is not diligently completing the project and commencing the use for which the permit was issued. (Ord. 1002, §2, adopted 1998; Ord. 1186, §7, adopted 2018; Ord. 1188, §4, adopted 2018; Ord. 1216, §7, adopted 2021; Ord. 1226, §11, adopted 2022; Ord. 1253, §7, adopted 2025)

§9262 USE PERMIT PROCEDURES

Use permit application and processing procedures shall be as follows:

A. General: Use permits shall be issued as provided in this Chapter only for land uses or purposes for which such permits are required. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for use permits required by this Chapter. If the Planning Director determines that the use permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the use permit application is major, it shall be scheduled for consideration by the Planning Commission for public hearing and action. Projects requiring a use permit for new construction or exterior modifications need not have a separate site development permit. Site development review, criteria, and findings shall be incorporated into the use permit process.

B. Application Filing And Submittal Requirements: Applications for use permits shall be filed with the City Planning Department and shall be accompanied by a plot plan sufficient to show the details of the proposed use or building, as well as surrounding land uses, and any other project related information deemed necessary by the Planning Director. Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. The payment of the established fee shall be made at the time of application submittal.

C. Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Unless in conflict with the notice requirements of the Government Code, notices of public hearings on applications for use permits shall be given at least ten (10) days prior thereto, by the following manner:

  1. Publication in a newspaper of general circulation in the City.

  2. Notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred foot (300’) distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record.

  3. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly affected.

  4. The subject property shall be posted in three (3) locations ten (10) days prior to the public hearing.

  • D. Action On Use Permits: All applications for use permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission.
  1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor use permit applications.

  2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.

  3. The Planning Commission shall review, conduct public hearings, and decide upon all major use permit applications.

4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision.
5. At the discretion of the Planning Director, any use permit application may be scheduled for consideration and decision-making by the Planning Commission.
6. Any use permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.
E. Findings: Findings are required to grant a use permit.
1. The Zoning Administrator or the Planning Commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this Article whenever findings of fact
support the following determinations:
a. The proposed land use is consistent with the provisions of this Title as well as the goals and policies of the City General Plan.
b. The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public’s health, safety and general welfare.
2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the
decision-maker’s conclusions, and shall be based upon evidence contained in the administrative record.
F. Conditions Of Approval: Conditions of project approval may be imposed on use permit applications.
1. In approving a use permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to preserve the integrity and character of the zoning
district and the General Plan. Such conditions shall promote the safe and orderly use of the property, and assure compatibility with surrounding land uses. Nothing in this Chapter shall be construed to limit
the discretion or the authority of the Zoning Administrator or Planning Commission to require conditions, provided the conditions constitute a lawful exercise of the police power and not a taking of private
property under the Fifth Amendment of the United States Constitution.
2. The Zoning Administrator or Planning Commission may condition a use permit to prohibit the occupancy of a building, structure, or land use until an inspection has been made which finds that the
building, structure, or land use complies with all conditions specifically required to be completed prior to occupancy. If a use permit is so conditioned, the Zoning Administrator or Planning Commission shall
notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a use permit so conditioned, the Building Official shall not approve a final
inspection of such building or structure until the conditions have been met; provided, however, that responsibility for assuring applicant compliance with the provisions of the use permit remains with the
Planning Director. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits.
G. Effective Date: The use permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If an appeal is filed, the use permit shall become effective upon
final approval by the City Council. This date shall be so noted in the official use permit application file and shall also be noted upon the issued use permit and/or approval confirmation letter.
H. Expiration And Revocation: The following provisions detail the use permit expiration and revocation process:
1. Revocation: An approved use permit may be revoked through the City’s revocation process if the use for which the use permit was granted is not being conducted in compliance with the use permit as
conditioned, or:
a. If any land use for which a use permit has been granted and issued is not established within two (2) years of the use permit’s effective date; or
b. If the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months.
2. Procedure: If a use permit is subject to revocation under subsection H1 of this Section, the City shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C of this Section.
b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E2 of this Section.
c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section
9266 of this Article.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection H1a or H1b of this Section, from applying for a new permit in accordance with the procedures for new
applications.
I. Renewal: Use permits may be renewed for an additional period not to exceed one year provided, if an application for renewal is filed with the Planning Department prior to the expiration of the permit.
The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a use permit, and shall provide an explanation of his
decision, in writing, to the applicant. The Planning Director’s decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are
substantially the same at the time of the renewal application. An appeal of the Planning Director’s decision may be made to the City Council for a final decision. Any such appeal must comply with the
requirements of Section
9266 of this Article. (Ord. 1002, §2, adopted 1998; Ord. 1186, §7, adopted 2018; Ord. 1190, §4, adopted 2018)

§9263 SITE DEVELOPMENT PERMIT PROCEDURES

The following regulations govern the submittal, review, and processing of site development permits:

A. General: Site development permits shall be issued as provided in this chapter only for site development projects for which such permits are required. The Design Review Board shall review and make recommendations to the Zoning Administrator, Planning Commission and City Council on site development permit applications, planned development applications and precise development plans. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for site development permits required by this chapter. If the Planning Director determines that the site development permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the site development permit application is major, it shall be referred to the Planning Commission for public hearing and action.

B. Application Filing And Submittal Requirements: All applications for site development permits shall include the following information:

  1. A detailed site plan sufficient to fully illustrate the proposed project and adjoining land uses.

  2. Elevation drawings of all proposed structures.

  3. Details of all proposed signs. 4. A landscaping plan detailing all new and existing landscaping to be incorporated into the design of the project. 5. A floor plan of the proposed structure. 6. A parking plan. 7. Any other project-related information requested by the Planning Director.

  4. The actual application form and filing fee, which shall be established from time to time by resolution adopted by the City Council in accordance with such procedures as required by law.

C. Public Noticing Requirements For Zoning Administrator And Planning Commission Meetings: Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Notices of public hearings on applications for site development permits shall be given at least ten (10) days prior thereto, by the following manner: 1. Publication in a newspaper of general circulation in the City. 2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred foot (300') distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record.

  1. Notice shall also be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly affected. 4. The subject property shall also be posted in three (3) locations ten (10) days prior to the public hearing.
  • D. Action On Site Development Permits: All applications for site development permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission.
  1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor site development permit applications.

  2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.

  3. The Planning Commission shall review, conduct public hearings, and decide upon all major site development permit applications.

  4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision.

  5. At the discretion of the Planning Director, any site development permit application may be directed to the Planning Commission for consideration and decision-making action. 6. Any site development permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when acting to approve site development permit applications. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis of the action by bridging the gap between the evidence and the decision-maker’s conclusions, and shall be based upon evidence contained in the administrative record. Failure to make findings that support the following determinations shall result in a denial of the site development permit application: 1. The proposal is consistent with the goals, objectives, and policies of the City General Plan. 2. The location, size, and intensity of the proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern. 3. The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding uses. 4. Sufficient landscaped areas have been reserved for purposes of separating or screening the proposed structure(s) from the street and adjoining building sites, and breaking up and screening large expanses of paved areas. 5. The proposed development will not restrict or cut out light and air on the property, or on the property in the neighborhood; nor will it hinder the development or use of buildings in the neighborhood, or impair the value thereof. 6. The improvement of any commercial or industrial structure will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district. 7. The proposed development will not excessively damage or destroy natural features, including trees, shrubs, creeks, and the natural grade of the site. 8. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external appearance. F. Conditions Of Approval: Conditions of project approval may be imposed on site development permit applications. 1. In approving a site development permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to maintain or assure compliance with the standards/criteria listed in subsection E of this section. Nothing in this section shall be construed to limit the discretion of the authority of the Zoning Administrator or Planning Commission to require conditions. 2. The Zoning Administrator or Planning Commission may condition a site development permit to prohibit occupancy of a project building until an inspection has been made which finds that the project building, landscaping and other required improvements have been completed, and the project complies with all conditions specifically required to be completed prior to occupancy. If a site development permit is so conditioned, the Planning Director shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a site development permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been satisfied. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits. G. Effective Date: The site development permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the permit shall be deemed legally effective when finally approved by the City Council. This date shall be so noted in the official site development permit application file and shall also be noted upon the issued site development permit and/or approval confirmation letter. H. Expiration And Revocation: The following provisions detail the site development permit expiration and revocation process: 1. Revocation: An approved site development permit may be revoked through the City’s revocation process if the site development project is not being conducted in compliance with the site development permit, as conditioned, or: a. If any project for which a site development permit has been granted and issued is not established within two (2) years of the site development permit’s effective date; or b. If the established land use for which the permit was granted has ceased or has been suspended for twenty-four (24) consecutive months. 2. Procedure: If a site development permit is subject to revocation under subsection H1 of this Section, the City shall follow the procedures set forth herein. a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C of this section. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E of this section. c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with section 9266 of this code.

fore the Planning Commission shall be provided in accordance with subsection C of this section. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E of this section. c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with section 9266 of this code.

  1. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection H1a or H1b of this section from applying for a new permit in accordance with the procedures for new applications.

I. Renewal: Site development permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a site development permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director’s decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director’s decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this code. (Ord. 1002, §2, adopted 1998; Ord. 1136, §2, adopted 2012)

§9264 VARIANCE PROCEDURES

Variance applications and processing procedures shall be as follows:
A. Application Filing And Submittal Requirements: Applications for variances shall be made to the City Planning Department by filling out the required variance application form, and submitting a detailed
plot plan of the subject property, as well as surrounding land uses, elevation drawings, and any other project-related information deemed necessary by the Planning Director. The appropriate filing fee must
also be paid at the time of application submittal.
B. Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not
invalidate any proceedings conducted by the decision-making body. Unless in conflict with the provisions of the Government Code, notices of public hearings on applications for variances shall be given at
least ten (10) days prior thereto, by the following manner:
1. Publication in a newspaper of general circulation in the City.
2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred foot (300') distance of any boundary of the subject property, and to the
project applicant or agent, as well as to the property owner of record.
3. Mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly affected.
4. The subject property shall be posted in three (3) locations ten (10) days prior to the public hearing.
C. Action On Variances: All applications for variances shall be considered and acted upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor variance applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon all major variance applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision.
5. At the discretion of the Planning Director, any variance application may be directed to the Planning Commission for consideration and decision-making action.
6. Any variance application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.
D. Findings: Findings are required to grant a variance.
1. The Zoning Administrator or Planning Commission, on the basis of the evidence submitted at the hearing, may grant variances from the requirements of this Chapter when:
a. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Article deprives such property of privileges enjoyed by
other property in the vicinity and subject to identical zoning regulations.
b. The issuance of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.
c. The grant of the variance would not be detrimental to surrounding property owners.
2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the
decision-maker’s conclusions, and shall be based upon evidence contained in the administrative record.
E. Conditions: Any variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and subject to identical zoning regulations.
F. Effective Date: The variance shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If such an appeal is filed, the variance shall be deemed legally
effective upon final approval by the City Council. This date shall be so noted in the official variance permit application file and shall also be noted upon the issued variance permit and/or approval
confirmation letter.
G. Expiration And Revocation: The following provisions detail the variance expiration and revocation process:
1. Revocation: An approved variance may be revoked through the City’s revocation process if the variance project is not being conducted in compliance with the variance as conditioned, or:
a. If any project for which a variance has been granted and issued is not established within two (2) years of the variance’s effective date; or
b. If the structure for which the variance was granted is removed for a period of two (2) years.
2. Procedure: If a variance is subject to revocation under subsection G1 of this Section, the City shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection B of this Section.
b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection D of this Section.
c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section
9266 of this Article.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection G1a or G1b of this Section from applying for a new permit in accordance with the procedures for new
applications.
Variance applications and processing procedures shall be as follows:
H. Renewal: Variances may be renewed for an additional period not to exceed one year provided, prior to the expiration of the variance, an application for renewal is filed with the Planning Department. The
application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a variance, and shall provide an explanation of his
decision, in writing, to the applicant. The Planning Director’s decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are
substantially the same at the time of the renewal application. An appeal of the Planning Director’s decision may be made to the City Council for a final decision. Any such appeal must comply with the
requirements of Section
9266 of this Article. (Ord. 1002, §2, adopted 1998)
§9265 ZONING TEXT AMENDMENTS; REZONING
The text of this Chapter, the boundaries of zoning districts, or planned development ordinances, may be changed whenever the public necessity, convenience, and general welfare require such amendment, or
when corresponding changes are made to the City General Plan, by following the procedures set forth in this Article.
A. Initiation Of Amendments: An amendment to the text or maps may be initiated by:
1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department and be accompanied by a fee, if any, that has been
established from time to time by resolution of the City Council.
  1. A minute order action of intention of the City Council or Planning Commission.

  2. Planning Department staff for compliance with the City General Plan, or public health, safety, and general welfare.

B. Application Filing And Submittal Requirements: Applications for zoning text, district boundary, and planned development ordinance amendments shall be filed with the City Planning Department, and shall include a completed application form, filing fee, and any additional information, studies, plans, or documentation which might assist the Planning Department in better understanding the proposal or

are requested by the Planning Director or his/her designee.

C. Public Noticing Requirements: Notices of public hearings on zoning text, district boundary, and planned development ordinance amendment applications shall be publicly noticed according to State law.

D. Action On Text Amendment, Rezoning Applications: The Planning Commission shall hold at least one public hearing on any proposed Zoning Code text amendment and/or General Plan amendment, and formulate a recommendation to the City Council.

The Planning Commission’s recommendation shall be advanced to the City Council for consideration at the next available City Council meeting. The City Council shall conduct a public hearing, duly noticed according to State law, prior to taking a final action on the project.

E. Findings: The City Council shall make findings supporting their action on zoning text, district, and planned development ordinance amendment applications, if advised to do so by the City Attorney. (Ord. 1002, §2, adopted 1998)

§9266 APPEALS

All determinations of the Zoning Administrator or the Planning Commission regarding minor discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council resolution, are filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken.

An appeal of the decision of the Zoning Administrator shall go to the City Council for a final decision. Such an appeal must be made in writing stating the reasons for the appeal, must include the appeal fee, if any, established from time to time by City Council resolution, and must be filed with the City Clerk within ten (10) days of the date the decision was made. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Article. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Zoning Administrator. All City Council decisions on appeals of the Zoning Administrator’s action are final for the City.

All determinations of the Planning Commission regarding major discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council resolution, are filed with the City Clerk, within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken.

An appeal of the decision of the Planning Commission shall go to the City Council for a final decision. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Article. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Commission. All City Council decisions on appeals of the Planning Commission’s action are final for the City. (Ord. 1002, §2, adopted 1998; Ord. 1257, §12, adopted 2025)

§9267 PREZONING

The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City.

A. Public Notice Requirements: Public notice of both the Planning Commission and City Council hearings to prezone territory shall be published in a newspaper of general circulation published and circulated in the area to be prezoned, and if there is no such newspaper, the notice shall be posted in at least three (3) public places in the area to be prezoned. Written notice of both the Planning Commission and City Council hearings shall be mailed to the owners of the property within a radius of three hundred feet (300’) of the exterior boundaries of the property which is the subject of the application, using for such purpose the name and address of such owners as shown upon the current assessment roll of the County. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation in the community at least ten (10) days prior to the hearing. Contents of the advertisement shall be pursuant to the Government Code. The failure of any person to receive such notice shall not invalidate the proceedings.

B. Action On Prezoning: The City Planning Commission shall conduct a public hearing to consider a proposal for prezoning territory. The Commission shall formulate a recommendation to the City Council. The City Council shall also conduct a public hearing to consider the prezoning proposal, and shall render a decision accordingly.

C. Effective Date: The ordinance prezoning a territory shall become effective upon the effective date of the ordinance or resolution annexing such territory to the City. (Ord. 1002, §2, adopted 1998) §9268 ZONING ADMINISTRATOR There is hereby created in the Planning Department, the office of the Zoning Administrator. The Zoning Administrator shall be the Planning Director or his/her designated representative.

A. Function And Duties: The function of the Zoning Administrator is to achieve improved coordination in the administration of the Zoning Code; to increase the efficiency of the zoning enforcement proceedings; to reduce the time required in processing applications for the minor discretionary planning permits; and to relieve the Planning Commission of certain routine functions in order that it may give its attention to its primary responsibility of comprehensive community planning.

B. Authority: The Zoning Administrator shall have the authority and it shall be a duty of this office to conduct public hearings, and to make determinations regarding minor use permits, site development permits, variances, modifications of conditions of approval, minor changes to previously approved projects, and other minor zoning matters as determined by the City Planning Director.

C. Action By The Zoning Administrator: The Zoning Administrator shall make findings and approve, conditionally approve, or deny minor use permits, site development permits, variances, and other discretionary zoning matters. The Zoning Administrator shall have the authority to impose conditions of approval as provided for in this Article.

D. Referral To The Planning Commission: The Zoning Administrator may refer any application for a use permit, site development permit, variance, or any other zoning matter to the Planning Commission for public hearing.

E. Appeals: All decisions made by the Zoning Administrator are appealable to the City Council for a final decision as provided for in this Chapter. (Ord. 1002, §2, adopted 1998)

§9269 ADMINISTRATIVE USE PERMITS

Administrative Use Permit application and processing procedures and standards shall be as follows:

A. Purpose. Administrative Use Permits allow specific uses to be established within designated zoning districts when deviations are requested from the criteria and performance standards set forth in Article 23 of this Chapter, entitled “Performance Standards for Administrative Use Permits and for Specific Allowed Uses,” as well as from other applicable standards found elsewhere in this Article. These permits provide a discretionary review pathway for select uses seeking relief from established standards, while preserving consistency with the overarching intent of the zoning regulations and limiting the need for more extensive public hearing procedures. The standards in Article 23 serve as a framework for evaluating such requests, ensuring proposed deviations may be modified or conditioned to maintain compatibility with surrounding development and mitigate potential impacts on adjacent properties. B. Applicability. The requirements, procedures, and standards set forth in this Section shall be applicable to the uses listed in Division 9, Chapter 2, Article 23 of this Code, subject to any exceptions or additional requirements and standards as set forth in that Article. This Section shall not apply to facilities or uses governed by Division 2, Chapter 2, Article 10 (entitled “Broadband Deployment”) of the Ukiah City Code, which are subject to separate review procedures and standards. C. Approval Authority. The Community Development Director may approve, conditionally approve, or deny an Administrative Use Permit application, unless otherwise restricted by state law. Development must comply with all of the required standards in Article 23 of this Chapter and with all other requirements of this Section unless specifically exempted in Article 23 of this Chapter. D. Application. Applications for Administrative Use Permits shall be initiated by submitting the following information to the Planning Division of the Community Development Department: a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the Community Development Director. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the Community Development Director.

E. Public Notice and Hearing. Public notice and/or hearing are not required for issuance of an Administrative Use Permit.

F. Conditions of Approval. The Community Development Director may apply reasonable conditions of approval to bring the development into conformity with requisite performance standards. G. Findings. The Community Development Director may issue an administrative use permit if the following findings can be made:

  1. The proposed use is listed in this Chapter as a use permitted pursuant to an administrative use permit and subject to performance standards;

  2. The proposed use as conditioned conforms to the performance standards for the proposed use as outlined in the Performance Standards set forth in Article 23 of this Chapter;

  3. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.

  4. Any other findings required under Article 23 of this Chapter for the specific use;

  5. The use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;

H. Notice of Decision. The Community Development Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed and/or emailed to the applicant.

  • I. Appeals. Appeals of decisions on Administrative Use Permits shall be filed within ten (10) working days of the issuance of the permit. Appeals shall be filed and processed in accordance with the procedure for appeal of a determination regarding a minor discretionary planning permit as set forth in Section 9266 of this Chapter.

  • J. Effective Date of Permit. An administrative use permit shall become effective at the end of the appeal period set forth in Section 9266 of this Chapter, unless appealed.

  • K. Approval to Run With the Land. Any administrative use permit approval shall run with the land and shall continue to be valid whether or not there is a change of ownership of the site or structure to which it applies.

  • L. Amendments – New Application. Requests for changes in the conditions of approval of an administrative use permit, or a change to site plans or operation that would affect a condition of permit approval, shall be treated as an administrative use permit amendment. The procedures for filing and processing an application for an administrative use permit amendment shall be the same as those established for an initial or new administrative use permit application.

  • M. Revocation. An administrative use permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in the revocation procedures set forth in Section 9262.H of this Chapter.

  • N. New Applications Following Denial or Revocation. If an application for an administrative use permit is denied or revoked, no new application for the same, or substantially the same, administrative use permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

  • O. Expiration. The following provisions detail the expiration process of administration use permits.

  1. Expiration Criteria. An approved administrative use permit shall expire under the following conditions:
  • a. If any project for which an Administrative Use Permit has been granted is not established within two (2) years of the permit’s effective date; or

  • b. If the established land use for which the permit was granted has ceased or has remained inactive for twenty-four (24) consecutive months.

  1. New Application. Nothing herein shall prohibit the holder of an expired administrative use permit under subsection P1a or P1b of this Section from applying for a new permit in accordance with the procedure for new applications under subsection D of this Section. (Ord. 1257, §13, adopted 2025)

1 Ord. 793, §2, adopted 1982; Ord. 880, §5, adopted 1988; rep. by Ord. 1002, §2, adopted 1998.

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CHAPTER 2 ZONING

ARTICLE 21. DEFINITIONS

SECTION:

§9275: Purpose

§9276: Application

§9277: Terminology

§9278: Definitions

§9275 PURPOSE

The purpose of this article is to provide clear and concise definitions to the terms and phrases contained in this chapter. (Ord. 1019, §1, adopted 1999)

§9276 APPLICATION

The meaning and construction of words and phrases defined in this article shall apply, except where the context clearly indicates a different meaning or construction. (Ord. 1019, §1, adopted 1999)

§9277 TERMINOLOGY

A. All public officials, agencies, and regulations referenced in this chapter are those of the city of Ukiah unless otherwise indicated.

B. "Building official" means the person designated by the California building code, as adopted by the city, as responsible for enforcement and administration of the building code.

C. "Section" means a numbered division of this article containing the basic provisions of a general topic; e.g., the zoning ordinance basic provisions.

D. "Commission" or "planning commission" means the planning commission of the city of Ukiah.

  • E. "Council" or "city council" means the city council of the city of Ukiah.

  • F. "County" means the county of Mendocino, state of California.

G. "Department" means the planning department of the city of Ukiah.

H. "Director" means the planning director of the city of Ukiah, or a designee thereof.

I. "Federal" means the government of the United States.

J. "General plan" means the Ukiah general plan as adopted by the city council. K. "State" means the state of California. (Ord. 1019, §1, adopted 1999; Ord. 1114, §2, adopted 2009)

§9278 DEFINITIONS

A. Any words or phrases not defined within this article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the City Community Development Director shall have the authority to define the term or equate it to a defined term that is similar in nature.

B. For purposes of this article, the words and phrases set out herein shall have the following meanings:

ABUTTING OR ADJOINING: Having lot lines, parcel lines or boundaries in common.

ACCESSORY BUILDING: A building accessory to a primary building on the same parcel.

ACCESSORY USES: Uses which are typically associated with and subordinate to the permitted or conditional permitted principal use. Accessory uses and structures are subject to the same regulations as apply to principal uses in each zoning district, except as may be otherwise provided.

ADDITION: Any construction which increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area.

ADMINISTRATIVE SERVICES: Offices, administrative, or clerical services of public agencies that deal directly with the citizen together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county, city, and special district offices.

ADULT ENTERTAINMENT BUSINESS: A sexually oriented business, being one whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, pursuant to State law or local regulatory authority, be offered only to persons over the age of eighteen (18).

AGENT OF OWNER: Any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.

AGRICULTURAL PROCESSING: The processing, treatment or remanufacture of agricultural products on a commercial basis. Typical uses include wineries, packing and canning plants, feedlots, and livestock auction yards. AGRICULTURAL SALES AND SERVICE: Sale of feed, seeds, grains, fertilizers, pesticides, and similar agricultural products, or provisions of related agricultural services. Typical uses include feed and grain stores and agricultural supply services.

ALLEY: An accepted public thoroughfare of insufficient width to be considered as a street and which affords only a secondary means of access to abutting property.

ALTERATION: Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or a change in the relative position of buildings or structures on a site or a change in appearance of any building or structure.

ANIMAL PRODUCTION: Raising of animals or production of animal products such as meat, eggs or dairy products. Typical uses include grazing, ranching, dairy farming, and poultry farming. ANIMAL RAISING – GENERAL AGRICULTURE means the raising of crops or livestock on parcels greater than forty thousand (40,000) square feet or zoned A-E and shall include:

  1. Grazing of livestock and feeding and caring incidental thereof;

  2. Animal husbandry including, without limitation, the breeding and raising of cattle, sheep, horses, goats, pigs, rabbits, and poultry, including egg production;

  3. Sale of agricultural products grown, raised, or produced on the premises;

  4. 4-H, FFA or similar projects shall be permitted in all zoning districts.

  • ANIMAL RAISING – PERSONAL means the raising of hen chickens or rabbits for personal use on parcels forty thousand (40,000) square feet or less in size in accordance with the following criteria: 1. No more than six (6) of any one or combination of such animals on the lot;
  1. Maintained in coops or pens located at a distance of fifty feet (50') or more from buildings used for human habitation;

  2. Coops or pens shall be located only on the rear one-third (1/3) of the lot;

  3. Coops or pens shall be located no closer than five feet (5') from the side or rear property line.

ANIMAL SALES AND SERVICES: Establishments or places of business primarily engaged in animal related sales and services. The following are animal sales and services use types:

  1. Animal Sales And Services – Auctioning: Auctioning of livestock on a wholesale or retail basis with incidental storage of animals produced off property not exceeding seventy-two (72) hour periods. Typical uses include animal auctions or livestock auction yards.

  2. Animal Sales And Services – Household Pets: Retail sales and grooming of dogs, cats, birds, fish and similar small animals customarily used as household pets. Typical uses include pet stores, dog bathing and clipping salons, or pet grooming shops.

  3. Animal Sales And Services – Horse Stables: Boarding, breeding or raising of horses not owned by the occupants of the premises or riding of horses by other than the occupants of the premises or their nonpaying guests. Typical uses include boarding stables or public stables.

  4. Animal Sales And Services – Kennels: Kennel services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels or dog training centers.

  5. Animal Sales And Services – Stockyards: Stockyard services involving the temporary keeping of transient livestock for slaughter, market or shipping. Typical uses include stockyards or animal sales yards.

  6. Animal Sales And Services – Veterinary (Large Animals): Veterinary services for large animals. Typical uses include animal hospitals (large animals) and veterinary hospitals (large animals). Typical uses include clinics for the treatment of sheep, cattle, horses, goats and similar large animals. ANIMAL WASTE PROCESSING: Processing of animal waste and byproducts, including but not limited to animal manure, animal bedding waste, and similar byproducts of an animal raising agricultural operation, for use as a commercial fertilizer or soil amendment and including composting operations. APARTMENT HOUSE: A building that contains three (3) or more individual dwelling units.

milar large animals. ANIMAL WASTE PROCESSING: Processing of animal waste and byproducts, including but not limited to animal manure, animal bedding waste, and similar byproducts of an animal raising agricultural operation, for use as a commercial fertilizer or soil amendment and including composting operations. APARTMENT HOUSE: A building that contains three (3) or more individual dwelling units.

ATTACHED: Joined in any manner to any structure.
AUTOMOTIVE DISMANTLING: See definition of Scrap And Salvage Services.
AUTOMOTIVE SALES AND SERVICE: Sale, servicing and repair of motorized vehicles. Typical uses include new and used car dealerships, motorcycles or recreational vehicle dealerships, parts stores, and
repair facilities including muffler shops, wheel and brake shops, body and fender shops, and similar services, but excluding dismantling or scrap and salvage operations.
AVERAGE SLOPE: The mean average amount of fall or rise of property between its setback lines.
AVIATION FACILITIES: Landing fields, and related aircraft parking and service facilities, including aircraft servicing, fueling, repair, storage, charter, sales, and rental.
BAR: An establishment at which alcoholic beverages are the main product served.
BED AND BREAKFAST: Any building or establishment or portion thereof providing six (6) or fewer guest bedrooms for a lodging fee, which may include meal service in a common dining area, and which do
not include cooking facilities in the guest bedrooms.
BUILDING: A structure having a roof supported by columns or walls, for the shelter, support, or enclosure of persons or property.
BUILDING SITE: Any area of a lot suitable for constructing a building or buildings.
BUSINESS OFFICE: An office where work is performed in the buying and selling of commodities or service or an administrative office.
BUSINESS OR TRADE SCHOOL: A use providing education or training in business, commerce, language, or other activity, and not otherwise defined as a home occupation, college or university, or public or
private educational facility. Typical uses include business schools and barber or beauty colleges.
BUSINESS SERVICES: Sale, rental, or repair of equipment, or provision of services and supplies typically used by other commercial or industrial uses. Typical uses include janitorial and building
maintenance services, office and commercial equipment supply firms, and printing shops.
CABINET SHOP: See definition of Manufacturing, Light.
CAMPGROUND: A facility of two (2) or more spaces providing camping; and including parking facilities or incidental services for travelers in recreational vehicles or tents. Typical uses include recreational
vehicle parks.
CANNABIS: Shall have the same definition as set forth for "cannabis" in Business and Professions Code section
26001(e), as may be amended from time to time.
CANNABIS CONCENTRATE: Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. For purposes of this chapter, "cannabis
concentrate" includes, but is not limited to, the kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products (e.g., dab, shatter, and wax), and tablets as defined in the California
Code of Regulations, title 4, section 15000, and as may be amended.
CANNABIS CONSUMPTION AREA: A licensed premises where cannabis may be consumed by persons twenty-one (21) years of age and over. A cannabis consumption area must be limited to one of the
following uses:
1. Outdoor: Consumption of cannabis by smoking, vaping, and ingesting edible products.
2. Indoor: Consumption of cannabis edible products by ingestion only.
CANNABIS CULTIVATION: Shall have the same definition as set forth for "cultivation" in Business and Professions Code section
26001(k), as may be amended from time to time.
CANNABIS CULTIVATION – INDOOR: Shall have the same definition as set forth for "indoor cultivation" in California Code of Regulations, title 4, section 15000(cc), as may be amended from time to time.
For purposes of this code, indoor cultivation involves cultivation of cannabis within a fully enclosed secure structure, as defined in section 9254 of this code.
CANNABIS CULTIVATION – LARGE INDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the definition
of "large indoor" set forth in California Code of Regulations, title 4, section 16201.1, as may be amended from time to time.
CANNABIS CULTIVATION – LARGE MIXED LIGHT: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of “large mixed light" set forth in California Code of Regulations, title 4, section 16201.1, as may be amended from time to time.
CANNABIS CULTIVATION – LARGE OUTDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "large outdoor" set forth in California Code of Regulations, title 4, section 16201.1, as may be amended from time to time.
CANNABIS CULTIVATION – MEDIUM INDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "medium indoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION – MEDIUM MIXED LIGHT: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "medium mixed light tier 1 and 2" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION – MEDIUM OUTDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "medium outdoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
ATTACHED: Joined in any manner to any structure.
CANNABIS CULTIVATION – OUTDOOR: Shall have the same definition as set forth for "outdoor cultivation" in California Code of Regulations, title 4, section 15000(xx), as may be amended from time to
time. For purposes of this code, commercial outdoor cultivation involves cultivation of cannabis that is not within a fully enclosed secure structure, as defined in section 9254 of this code.
CANNABIS CULTIVATION – PROCESSOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the definition of
"processor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION – SMALL INDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the definition
of "small indoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION – SMALL MIXED LIGHT: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "small mixed light tier 1 and 2" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION – SMALL OUTDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "small outdoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION – SPECIALTY COTTAGE: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "specialty cottage" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.

CANNABIS CULTIVATION – SPECIALTY COTTAGE OUTDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the definition of "specialty cottage outdoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.

CANNABIS CULTIVATION – SPECIALTY INDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the definition of "specialty indoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.

CANNABIS CULTIVATION – SPECIALTY MIXED LIGHT: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "specialty mixed light tier 1 and 2" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS CULTIVATION – SPECIALTY OUTDOOR: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
definition of "specialty outdoor" set forth in California Code of Regulations, title 4, section 16201, as may be amended from time to time.
CANNABIS DISTRIBUTION: Shall have the same meaning as the definition of "distribution" set forth in Business and Professions Code section
26001(r), as may be amended from time to time.
CANNABIS DISTRIBUTOR: A cannabis-related business operating under a State Type 11 or 13 distributor license, or a State distribution license type subsequently established, and meeting the definition of
"distributor" set forth in Business and Professions Code section
26001(s), as may be amended from time to time.
CANNABIS MANUFACTURING: Shall have the same definition as set forth for "manufacture" in California Code of Regulations, title 4, section 15000(oo), as may be amended from time to time.
CANNABIS MANUFACTURING – LEVEL 1: A cannabis-related business operating under a State Type 7 manufacturer license for extractions using volatile solvents, or a State manufacturer license type
subsequently established, and meeting the definition of a "Type 7" license set forth in California Code of Regulations, title 4, section 17006, as may be amended from time to time.
CANNABIS MANUFACTURING – LEVEL 2: A cannabis-related business operating under a State Type 6 manufacturer license for extractions using mechanical methods or nonvolatile solvents, or a State
manufacturer license type subsequently established, and meeting the definition of a "Type 6" license set forth in California Code of Regulations, title 4, section 17006, as may be amended from time to time.
CANNABIS MANUFACTURER – PACKAGING: A cannabis-related business operating under a State Type P license and meeting the definition of a "Type P" license set forth in California Code of Regulations,
title 4, section 17006, as may be amended from time to time.
CANNABIS MANUFACTURER – SHARED USE: A cannabis-related business operating under a State Type S license and meeting the definition of a "Type S" license set forth in California Code of
Regulations, title 4, section 17006, as may be amended from time to time.
CANNABIS MICROBUSINESS: A cannabis-related business operating under a State Type 12 license for microbusinesses, or a State cannabis license type subsequently established, and meeting the definition
of "microbusiness" set forth in Business and Professions Code section
26001(aj), as may be amended from time to time. A cannabis microbusiness that also acts as a cannabis retailer must also comply with
the provisions of section 9174.3 of this code.
CANNABIS NURSERY: A cannabis-related business operating under a State cultivation license for cannabis nurseries, or a State cultivation license type subsequently established, and meeting the definition
of "nursery" set forth in Business and Professions Code section
26001(ak), as may be amended from time to time.
CANNABIS PRODUCTS: Shall have the same definition as set forth for "cannabis products" in Business and Professions Code section
26001(h), as may be amended from time to time.
CANNABIS-RELATED BUSINESS: An enterprise engaged in commercial cannabis activity, as defined in Business and Professions Code section
26001(j), as may be amended from time to time; except as set
forth in Business and Professions Code section
26033 related to qualifying patients and primary caregivers, and section 9254 of this code pertaining to cultivation of cannabis for personal use. All cannabis-
related businesses operating within the City must possess a valid State license appropriate for the type of business operated.
CANNABIS RETAILER: A commercial enterprise engaged in the retail sale and delivery of cannabis or cannabis products to customers. A retailer shall have a licensed premises which is a physical location
from which commercial cannabis activities are conducted. A retailer’s premises may be closed to the public. A retailer may conduct sales exclusively by delivery. All cannabis retail operations in the City of
Ukiah are regulated pursuant to the general regulations for cannabis-related businesses in section 9174.2 of this code and the regulations specific to retailers in section 9174.3 of this code.
CANNABIS TESTING LABORATORY: Shall have the same definition as set forth for "testing laboratory" in Business and Professions Code section
26001(av), as may be amended from time to time.
CAR WASHING: Washing and cleaning of automobiles and similar vehicles and equipment. Typical uses include self-service and mechanical car washes, equipment cleaning facilities, and detailing services.
CARPORT: A garage enclosed or partly enclosed by no more than one side.
CEMETERY: Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within
the boundary of such cemetery.
CHANGE OF USE: The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, name, or management, or a change in
product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged.
CHAPEL: A building or portion of a building used for worship that is incidental to a residence or institution.
CANNABIS CULTIVATION – SPECIALTY MIXED LIGHT: A cannabis-related business operating under a State cultivator license, or a State cultivation license type subsequently established, and meeting the
CHILD DAYCARE (Small And Large Family): See definitions of Daycare Home (Large Family) and Daycare Home (Small Family).
CHURCH: A building for public worship and religious assembly.
CLUB OR LODGE: Assembly, recreational, social, and administrative facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include fraternal organizations and
private social clubs.
COCKTAIL LOUNGE: A use licensed by the State for preparation and sale of alcoholic beverages for consumption on the premises, including taverns, bars, and similar businesses.
COMMERCIAL COACH: A structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved
under permit, and shall include a trailer coach as defined in section
635 of the Vehicle Code.
COMMERCIAL RECREATION (Indoor): Establishments primarily engaged in sports, entertainment, amusements or recreation services, conducted within an enclosed building. Typical uses include bowling
alleys, billiard parlors, amusement arcades, skating rinks, health or sports clubs, motion picture theaters, meeting halls, and dance halls.
COMMERCIAL RECREATION (Outdoor): Establishments primarily engaged in provisions of sports, entertainment, amusement, or recreation, conducted in open or partially enclosed facilities. Typical uses
include miniature golf, driving ranges, and golf courses, swimming and tennis facilities, sports arenas, and similar outdoor activities.
COMMERCIAL WOODLOTS: Open or closed storage of firewood for wholesale or retail sales, regardless of where the firewood products are produced.
COMMON AREA: An area held, designed and designated principally for the use by all the owners or occupants of a mobile home park, cluster subdivision, condominium or other unified development project.
COMMUNITY CARE FACILITY: The facilities described in Health and Safety Code
1502(a).
COMMUNITY GARDEN: A public garden tended and maintained by members of the local community.
COMMUNITY RECREATION: Recreational, social or multipurpose uses owned or operated by a public entity. Typical uses include public parks, sports facilities, senior citizen centers, nature centers, teen
centers, playhouses, auditoriums and recreational centers.
COMPOSTING: A controlled microbial degradation of organic waste yielding a humus-like product of potential value as a soil conditioner.
CONDITIONAL USE PERMIT: A discretionary permit issued by the City which is required for certain projects that are allowable by special permit only. A conditional use permit imposes conditions on a
project which are designed to assure compatibility with the City General Plan, the City Zoning Ordinance, and to minimize impacts to neighboring land uses.
CONDOMINIUM: An individually owned dwelling unit located within a multiple-unit structure or complex of structures.
CONSTRUCTION SALES AND SERVICES: Sale of building and construction materials, or provision of contracting and construction services. Typical uses include building materials centers, lumberyards,
tool and equipment rental services, and contracting services.
CONSUMER REPAIR SERVICES: Repair services primarily serving individuals and households, but excluding automotive and equipment use types. Typical uses include appliance repair, watch or jewelry
repair, electronic and musical instrument repair, shoe repair, and tailor or seamstress shops.
CONVALESCENT SERVICES: Provision of bed care and inpatient services for persons requiring regular medical attention, but excluding surgical and emergency medical services, care of alcoholism, drug
addiction, mental disease, or communicable disease.

CONVENIENCE STORAGE: Storage facilities primarily for storing personal effects, household goods, and business materials, generally within enclosed or screened storage areas, but excluding uses such as workshops, hobby shops, manufacturing or other commercial activity. Typical uses include mini-storage and mini-warehousing.

COVERAGE, BUILDING: The area of a lot covered by buildings or roofed areas, but excluding incidental projecting eaves, balconies, or similar features, and also excluding ground level paving, landscaping or outdoor recreational facilities.

COVERAGE, IMPERVIOUS: The area of a lot defined as building coverage plus the area occupied by impervious structures or features such as pavement, walkways, or swimming pools.

CROP PRODUCTION: Growing and harvesting of tree, row or field crops, or horticultural specialties, including incidental packing and processing. Typical uses include orchards, vineyards, and wholesale plant nurseries.

CUL-DE-SAC: A street or road which physically connects to other streets or roads only at one end. CULTURAL SERVICES/FACILITIES: A library, museum, or similar use affording preservation and exhibition of objects of artistic, scientific, or historic interest. DAY CARE FACILITY/SMALL SCHOOL: Care or education of seven (7) or more, but not to exceed twenty-five (25) persons regardless of age or handicap but excluding overnight care or uses classified as group care or other facilities exempted by the California Health and Safety Code, e.g., daycare homes – small and large, or major impact services and utilities. Typical uses include day nurseries for children, child day care facilities, or day care for elderly, and small schools.

ot to exceed twenty-five (25) persons regardless of age or handicap but excluding overnight care or uses classified as group care or other facilities exempted by the California Health and Safety Code, e.g., daycare homes – small and large, or major impact services and utilities. Typical uses include day nurseries for children, child day care facilities, or day care for elderly, and small schools.

DAYCARE HOME FACILITY: A facility which provides nonmedical daycare of less than twenty four (24) hours per day for children under eighteen (18) years of age.
DAYCARE HOME (Large Family)
1~~:~~A child daycare home facility in the provider’s own home which provides child daycare for seven (7) to fourteen (14) children inclusive, including children under the age of
ten (10) years who reside at the home.
DAYCARE HOME (Small Family)
2~~:~~A daycare home facility in the provider’s own home which provides family daycare for eight (8) or fewer children, including children under the age of ten (10) years who
reside at the home.
DENSITY: The number of dwelling units per acre. When calculating density for a particular parcel, City staff shall use the parcel area measured to the center line of streets or other public rights-of-way such
as easements or other dedications for public purposes which are contiguous to the property lines of the parcel.
DETACHED: Fully separated from any other building or structure.
DEVELOPMENT: The placement of any solid material or structure change in the "density" or "intensity" as defined in this Section, of use of land; and construction, reconstruction, demolition or alteration of
the size of any structure, including any facility of any private, public, or municipal utility; including grading, dredging, mining, or other significant earthwork.
DISTRICT OR ZONING DISTRICT: A specific land area delineated on the Zoning Map assigned and regulated by an established zone.
DRIVE-IN SERVICE: A feature or characteristic of a land use involving the sale of products or provision of services directly to occupants in vehicles, including drive-in windows and drive-thru services such
as mechanical automobile washing.
DRIVEWAY: A surface area providing vehicular access between a street and an off-street parking or loading space.
DUPLEX: A building that contains two (2) individual dwelling units.
DUPLEX, STACKED: A small (two (2) to two-and-one-half (2.5) story) detached structure that consists of two (2) dwelling units arranged one above the other, each with an entry from the street. This type
has the appearance of a small-to-medium single-unit house.
DUPLEX, SIDE-BY-SIDE: A small one (1) to two (2) story), detached structure that consists of two (2) dwelling units arranged side by side, each with an entry from the street.
DWELLING GROUP: A group of three (3) or more single-family residences or two (2) or more detached duplex buildings, apartments, condominiums, and occupying a parcel of land in the same ownership
and having any yard or court in common. Dwelling group does not include motels.
DWELLING GROUP, COTTAGE: A form of dwelling group that features smaller units with shared parking and common open areas within existing low- and medium-density urban residential
neighborhoods.
DWELLING UNIT: A residential building or portion thereof providing complete, independent living facilities for one family, including permanent provisions of living, sleeping, eating, cooking, and
sanitation.
DWELLING UNIT, ACCESSORY: An attached or detached residential dwelling unit, located on a lot in any zoning district where residential uses are allowed by right or with the securing of a use permit that
has been developed with an existing or proposed primary single-family or multifamily residence, which provides complete independent living facilities for one or more persons. It can be wholly contained
within the footprint of the proposed existing primary dwelling, including attached garages, storage areas or similar uses or an accessory structure, or detached from the proposed or existing primary dwelling
and located on the same lot as the proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot on which the primary
dwelling is situated. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Health and Safety Code section
17958.1.
2. A manufactured home, as defined in Health and Safety Code section
18007.
DWELLING UNIT, JUNIOR ACCESSORY: An attached residential dwelling unit, located on a lot in the R-1, R-2, and R-3 Zoning Districts, not exceeding five hundred (500) square feet in size and contained
within a legally established bedroom within the existing walls of an existing or proposed single-family dwelling. A junior accessory dwelling unit (JADU) shall include an efficiency kitchen, which shall include
a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. The JADU may include separate sanitation facilities or
share sanitation facilities with the existing structure. A junior accessory dwelling unit shall have a separate entrance, and interior access to the remainder of the primary dwelling.
EASEMENT: A right given by the owner of land to another party for specific limited use or enjoyment of that land.
EDIBLE CANNABIS PRODUCT: A product intended to be used orally, in whole or in part, for human consumption. For purposes of this chapter, "edible cannabis product" includes cannabis products that
dissolve or disintegrate in the mouth, but does not include any product otherwise defined as "cannabis concentrate."
EDUCATIONAL FACILITIES: An elementary, secondary or higher learning facility, whether public, private, or parochial in ownership, which offers instruction in branches of learning.
EMERGENCY SHELTER: A building or group of buildings designed or adaptable for human occupation operated by a public agency, not-for-profit organization, or charitable organization to provide
emergency or temporary shelter for homeless or displaced persons.
EMERGENCY SHELTER, LARGE: Facilities with thirteen (13) or more persons.
DAYCARE HOME FACILITY: A facility which provides nonmedical daycare of less than twenty four (24) hours per day for children under eighteen (18) years of age.
EMERGENCY SHELTER, SMALL: Facilities for up to twelve (12) persons and a maximum of two (2) permanent live-in staff.
EMPLOYEE HOUSING: Employee housing consistent with the Employee Housing Act as specified in California Health and Safety Code sections
17000 through
17062.5.
ENCLOSED: A roofed or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than one hundred (100) square feet fully
surrounded by a building or walls more than eight feet (8’) in height.
ENLARGEMENT: An addition to the floor area of an existing building, or an addition of another building on a lot or parcel.
EQUIPMENT REPAIR: Repair of trucks, tractors, construction equipment, agricultural implements and similar equipment. Typical uses include truck repair, tractor, and farm implement repair services, and
machine shops, but exclude dismantling or salvage operations.
FAMILY: An individual, or two (2) or more persons living together as a single household within a dwelling unit.
FARM STAND: A small-scale structure or area for the seasonal or year-round sale of agricultural products grown or produced on the same premises or within the local area. The farm stand is generally
temporary or semi-permanent in nature, does not exceed two hundred (200) square feet and obtains any needed building or encroachment permits, and may only sell agricultural goods or value-added
products directly produced from on-site agricultural operations.

FINANCIAL SERVICES: Establishments primarily providing financial and banking services. Typical uses include banks, savings and loan institutions, credit and lending services, and similar services.

FLOOR AREA, GROSS: The total enclosed area of all floors of a building, measured to the surfaces of exterior walls, including halls, stairways, elevator shafts, service and mechanical equipment rooms, light wells, courts, and basement, cellar or attic areas deemed usable by the building official or habitable by the California building code.

FLOOR AREA, NET: The total interior floor surface of a dwelling unit or other unit of building area, measured to the interior surfaces of the bounding walls of the unit, excluding hallways, stairwells, service areas, and utility and mechanical equipment rooms not exclusive to the unit.

FLOOR AREA RATIO: The ratio of gross floor area on a lot to the gross lot area.

FLORIST: One who sells and/or grows for sale ornamental plants, flowers, and other related plants and items.

FOOD SALES: Retail sale of foods or household products predominately for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

FOREST PRODUCTION AND PROCESSING: Refers to the growing, harvesting and production of forest products and forest byproducts including growing, milling and sales of forest products. The following are forest production and processing use types:

  1. Forest Production And Processing – Limited: The growing, harvesting, air drying or kiln drying, milling, packaging, packing, shipping and selling of forest products, produced on the premises or experimental tree farms and tree nurseries. 2. Forest Production And Processing – General: The growing, harvesting, air drying or kiln drying, milling, packaging, packing, shipping and selling of forest products regardless of where they are grown and also forestry related research laboratories. 3. Forest Production And Processing – Commercial Woodlots: Open or closed storage of firewood for wholesale or retail sales, regardless of where the firewood products are produced. FUNERAL HOME: Provision of undertaking and funeral services, including preparation of burial, cremation, and conduct of funeral services, but excluding cemeteries or mausoleums. GARAGE: A building or portion of a building constructed for the primary use of the noncommercial storage of motor vehicles. GARAGE SALE (Residential): Any sale (garage, yard, moving, patio, etc.) of used clothing, furnishings or miscellaneous items on a residential lot, including arts and crafts, for periods not to exceed forty eight (48) hours twice yearly; otherwise the activity shall be deemed an outdoor sales establishment.

GRADE: The lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk at a point where height is to be measured.

GUESTHOUSE: An accessory building containing a sleeping unit without kitchen facilities, and used to house occasional/temporary visitors which are nonpaying guests of the occupants of a primary dwelling unit on the same site; and containing a gross floor area of six hundred forty (640) square feet or less. GUIDANCE SERVICES (General): Provision to seven (7) or more individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or daycare basis. GUIDANCE SERVICES (Limited): Provision to six (6) or fewer individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or daycare basis. HAZARDOUS WASTE: Has the same meaning as provided in Health and Safety Code section 25117 or any successor statute as it now reads or may be amended from time to time. HAZARDOUS WASTE FACILITY: Has the same meaning as provided in the Health and Safety Code or any successor statute as it now reads or may be amended from time to time. HEAVY PROCESSING RECYCLING FACILITY: A building or enclosed space used for the collection and processing of recyclable materials occupying an area greater than forty six thousand (46,000) square feet of gross area and averaging more than two (2) outbound truck shipments per day. HEIGHT: The vertical distance from grade to the highest point of the structure excluding chimneys, vents, and similar architectural or mechanical features.

A building or enclosed space used for the collection and processing of recyclable materials occupying an area greater than forty six thousand (46,000) square feet of gross area and averaging more than two (2) outbound truck shipments per day. HEIGHT: The vertical distance from grade to the highest point of the structure excluding chimneys, vents, and similar architectural or mechanical features.

HOME OCCUPATION: An accessory commercial activity or business service, conducted on the site of a detached single-family dwelling unit by the inhabitants thereof, in a manner clearly incidental to the residential character of the site, and which do not include exterior alterations to the structure, no display, no employees other than family members, and no vehicles or mechanical equipment used or stored on site. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater degree usually experienced in an average residential occupancy under normal circumstances. It shall not include activities that are limited solely to the use of a desk, telephone, and personal computer. The following uses are not home occupations: auto repair or dismantling, medical or dental offices, retail sales, commercial kennels, restaurants, equipment repair involving outdoor storage of equipment, and other similar uses. HOMELESS FACILITIES: A building or group of buildings designed or adaptable for human occupation operated by a public agency, not for profit organization, or charitable organization to provide emergency or temporary shelter for homeless or displaced persons. HOMELESS FACILITY (Large): A homeless facility for thirteen (13) or more persons. A homeless shelter is considered a large homeless facility.

HOMELESS FACILITY (Small): A homeless facility for twelve (12) or fewer persons, plus a maximum of two (2) permanent, live-in staff.

HOMELESS FACILITY ZONE: One of four (4) zones into which the City is divided for the purpose of siting homeless facilities. The zones are as follows:

  1. Zone 1: Perkins Street North, which includes the entire City north of Perkins Street. 2. Zone 2: Perkins Street-Gobbi Street, which includes Perkins Street and the entire City to the south side of Gobbi Street. 3. Zone 3: Gobbi Street West, which includes the entire City west of the center line of State Street and south of Gobbi Street. 4. Zone 4: Gobbi Street East, which includes the entire City east of the center line of State Street and south of Gobbi Street. HORTICULTURE: Premises devoted to horticultural and floracultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes. Typical uses include wholesale/retail nurseries limited to the sale of horticulture and horticulture specialties grown on site and in green houses. HOSPITAL/HOSPITAL SERVICES: Provision of medical, psychiatric, or surgical services for sick or injured persons primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and incidental services to patients, employees, or visitors. Hospitals include nursing home, convalescent home, mental institution, or institution for treatment of persons addicted to the use of drugs. HOTEL: Any building that contains seven (7) or more guest rooms, used, designed or intended to be used as a lodging facility for compensation. Hotel differs from motel in that automobile storage space serving the rooms is not provided, and the facility is not necessarily intended for transient automobile travelers. INDUSTRIAL, LIGHT: Low intensity industrial and related manufacturing activities. Does not usually involve the use or storage of highly flammable or explosive materials, or the processing of raw materials. Typical uses include the manufacturing and assembly of electronic instruments, devices, and appliances, furniture manufacturing, bottling plant, and garment manufacturing. INDUSTRY, BASIC: Processing of raw materials and manufacture of product predominately from extracted or raw materials, or a storage (or manufacturing) activity involving flammable or explosive materials or involving processes with potentially hazardous or commonly recognized offensive conditions. Typical uses include rock, sand and gravel processing and lumber mills. INTENSITY: The percentage of the developed area of a site devoted to the various land uses stored, planted, constructed or placed on the subject property.

INTERNAL STREET: A roadway within a private development.

JUNK: Any worn-out and discarded material in general, including motor vehicles which are dismantled in total or in part. Junk does not include bones, rubbish, or putrescible matter.

JUNKYARD: An area containing more than two hundred (200) square feet used for the storage of junk.

KENNEL: Any lot, building, structure, or premises whereon or wherein five (5) or more dogs or five (5) or more cats, over the age of four (4) months are kept or maintained for commercial purpose, including but not limited to boarding, breeding, training, grooming, or sale. This definition shall not apply to the personal, non-commercial keeping of domestic pets by the occupant(s) of a dwelling unit. This definition also does not apply to a duly licensed veterinary hospital or public animal shelter.

KIOSK: A small light structure with one or more open sides used frequently for displaying information and news, and for coffee disbursement.

LANDSCAPED: An area predominately developed with plant material or natural landscape features, including lawn, ground cover, gardens, trees, shrubs, or other plant materials. Landscaped areas may include supplemental features such as pools, fountains, lighting, irrigation systems, and sculptural elements.

LARGE COLLECTION RECYCLING FACILITY: A center for the acceptance by donation, redemption or purchase of recyclable materials from the public occupying an area of generally more than five hundred (500) square feet and may include permanent structures. The facility may include a mobile unit, bulk reverse vending machines, kiosk type units, and unattended containers for donation purposes. LARGE FAMILY DAYCARE HOME: See definition of Daycare Home (Large Family).

LAUNDROMAT/LAUNDERETTE: A self-serve coin-operated laundry facility.

LAUNDRY SERVICES: Provision of laundering, dry-cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, and commercial linen laundry and supply services. LIGHT PROCESSING RECYCLING FACILITY: A building or enclosed space used for the collection and processing of recyclable materials having less than forty five thousand (45,000) square feet of gross area and a maximum of two (2) outbound truck shipments per day. The facility shall not include shredding, compacting or baling of ferrous materials. LIQUOR SALES: Establishments licensed by the State for retail sales of alcoholic beverages for consumption off the premises. Typical uses include liquor stores, bottle shops, or any licensed sales for off-site consumption.

LOADING SPACE: An area used for loading or unloading of goods from a vehicle.

LODGE: The meeting place of a branch of an organization such as a fraternal organization.

LOT: A parcel of real property with a separate number or other designation shown on a record of survey, parcel map, or subdivision map recorded by the County; or a parcel legally created pursuant to applicable regulations in effect prior to the effective date of this Code.

LOT AREA, GROSS: The total area within bounding lot lines, including any easement or right of way located within the lot lines. LOT AREA, NET: The net area within bounding lot lines, but excluding any portion of a flag lot providing access to a street, and excluding any public or private easement or right of way providing access to another lot.

LOT, CORNER: A lot having front and side property lines abutting two (2) separate streets, roads, or public road easements, not including alleys.

LOT COVERAGE: The total area of a lot covered with structures.

LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT OR PARCEL LINE: A line or series of connected line segments bounding a lot or parcel. 1. "Front line" shall mean any lot line contiguous to a street from which access is provided to a lot or parcel. 2. "Side line" shall mean any lot line which intersects a front line. 3. "Rear line" shall mean any lot line which is not a front line or side line. LOT, THROUGH: A lot having front and rear lines abutting a street, road or road easement. LOT WIDTH: The distance between side lot lines, measured along the front setback line, except lots facing cul-de-sacs which shall have a lot width equal to the arc distance measured along the front setback line of the cul-de-sac. LOW BARRIER: A standard for best practices to reduce barriers to entry into shelters, and may include, but is not limited to, allowing or providing the following: 1. The presence of partners: provided, that the shelter is not a population-specific site, such as a shelter intended to serve survivors of domestic violence or sexual assault, women, or youth. 2. Pets. 3. The storage of possessions. 4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms. LOW BARRIER NAVIGATION CENTER: A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities. A low barrier navigation center shall provide case managers to connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. MAJOR IMPACT FACILITIES: Services or facilities which may have a substantial impact. Typical uses include airports, hospitals, group care for more than twenty-five (25) persons, detention and correction institutions, and corporation yards. MAJOR IMPACT SERVICES AND UTILITIES: Services or utilities which may have a substantial impact. Such uses may be conditionally permitted when the public interest supersedes the usual limitations placed on land use and transcends the usual restraints of zoning for reasons of necessary location and community wide interest. Typical places or uses are power generating facilities, battery energy storage systems, sewage disposal facilities, septage disposal facilities and sites, sanitary landfills and water treatment plants, and radio, telephone and other commercial communication transmission towers and antennas. MANUFACTURED HOME: A prefabricated single-family dwelling deliverable in one or more transportable sections, and constructed to the standards established by the U.S. Department of Housing and Urban Development (HUD). A manufactured home is not the same as a recreational vehicle or commercial coach. MANUFACTURING, CUSTOM: On-site production of goods by methods involving only the use of hand tools or tools not exceeding two (2) horsepower or a single kiln not exceeding 8 kilowatts. Custom manufacturing may include incidental sale of goods produced on the site. Typical uses include ceramic shops, candle-making shops, and custom jewelry and lapidary shops, and similar uses. MANUFACTURING, LIGHT: Manufacturing of finished products or parts prepared predominately from previously prepared materials, including processing, fabricating, assembly, treatment, and packaging, and incidental storage, sales, and distribution of such products, including agricultural processing but excluding basic industry. MARIJUANA: The term "marijuana," as used in this chapter and throughout the code, shall have the same meaning as the term "cannabis" as defined in this chapter. MEDICAL OFFICES/MEDICAL CARE FACILITY: Provision of consultations, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical and dental laboratories, or similar practitioners of medical and healing arts licensed for such purposes by the State. MINI-MARKET OR CONVENIENCE STORE: A small retail market selling a variety of general products, and typically having extended business hours. MINI- OR CONVENIENCE STORAGE: A facility containing storage units for personal business storage only. These facilities do not contain retail services or business operations. MIXED USE: Any combination of allowed or permitted land uses within a particular zoning district. MOBILE HOME: A vehicle designed and equipped for use as a dwelling unit without a permanent foundation. A mobile home may include two (2) or more sections separately transported and joined together as one integral unit. A mobile home shall not include a recreational vehicle or manufactured modular housing using standard construction methods and designed to be set on a permanent foundation. MOBILE HOME PARK: A unified residential development with two (2) or more mobile home spaces together with internal streets, common areas, and facilities for parking, recreation, laundry, utility, storage, or other services for the residents. MOBILE HOME SPACE: An area within a mobile home park intended as the location of one mobile home and for the exclusive use of its occupants. MOBILE RECYCLING UNIT: An automobile, truck, trailer, or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. In addition, MRUs include bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. MOM AND POP GROCERY STORE: A small neighborhood retail grocery store open during normal business hours without gasoline pumps, car wash, or other ancillary uses. MOTEL: A business providing overnight lodging services for seven (7) or more persons. A motel contains automobile storage spaces serving individual rooms, and is primarily intended for transient automobile travelers. MULTIPLE-FAMILY RESIDENTIAL: Use of a site for three (3) or more dwelling units within one or more buildings, including units intended for individual ownership together with common areas or facilities.

roviding overnight lodging services for seven (7) or more persons. A motel contains automobile storage spaces serving individual rooms, and is primarily intended for transient automobile travelers. MULTIPLE-FAMILY RESIDENTIAL: Use of a site for three (3) or more dwelling units within one or more buildings, including units intended for individual ownership together with common areas or facilities.

MULTIPLEX: A detached (two (2) to two-and-one-half (2.5) story) structure that consists of five (5) to twelve (12) dwelling units arranged side by side and/or stacked, typically with a shared entry from the street.

NUISANCE: Anything which is injurious to health, or is indecent or offensive to the sense, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public square, street, or highway.

NURSERY SCHOOL: A school for children under the age of five (5).

OFF STREET PARKING: Required on site parking beyond all setback lines of a lot. One uncovered parking space may be located within a setback on a driveway or driveway aisle, provided that access by vehicles outside the control of the subject property owner will not be affected (such as shared driveways), emergency services vehicle access will not be obstructed, no portion of the parking space shall encroach into the public right of way, and a minimum setback of five feet (5’) from adjacent lots zoned or used for residential purposes shall be maintained for new construction. Relief from this requirement may be pursued through the use permit process pursuant to article 20 of this chapter.

iveways), emergency services vehicle access will not be obstructed, no portion of the parking space shall encroach into the public right of way, and a minimum setback of five feet (5’) from adjacent lots zoned or used for residential purposes shall be maintained for new construction. Relief from this requirement may be pursued through the use permit process pursuant to article 20 of this chapter.

OPEN SPACE: The undeveloped area of a parcel, with no use otherwise defined by the use classifications, except for incidental grazing or similar activity typically occurring on vacant or undeveloped lands. ORALLY CONSUMED CONCENTRATE: A cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product. "Orally consumed concentrate" includes tinctures, capsules, and tablets as defined in the California Code of Regulations, title 4, section 15000, and as may be amended. OUTDOOR DINING: A designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from the establishment. OUTDOOR SALES ESTABLISHMENT: Any business or portion of a business operated to sell, display, barter or exchange any goods, foods, produce, or merchandise outside of a structure on private property, excluding plant nurseries. PACKING AND PROCESSING: Packing or processing of agricultural crops, animals and their byproducts which entails more than picking, cutting, sorting and boxing or crating, but does not include rendering, tanning, or reduction of meat. The following are packing and processing use types: 1. Packing And Processing – Limited: Packing or processing of crops grown on the premises; 2. Packing And Processing – Winery: Crushing of grapes and fermentation, storage, and bottling of wine from grapes grown on or off the premises. Said use type also includes tasting rooms in conjunction with a winery and breweries provided said tasting room occupies less than twenty-five percent (25%) of the floor space of the winery; 3. Packing and Processing – General: Packing or processing of crops, mineral water, animals or their byproducts regardless of where they were grown or found. Includes mineral water bottling plants. PARK AND RECREATION SERVICES: Publicly owned and operated parks, playgrounds, recreation facilities, and open spaces. PARKING FACILITY: An area used for parking motor vehicles, including one or more parking spaces with driveways, aisles, maneuvering areas, clearances, and similar features. This term includes parking lots, garages, and parking structures. PARKING SPACE OR PARKING STALL: An independently accessible area within a parking facility used for parking a motor vehicle. This term does not include driveways, aisles, or other features of a parking facility. The minimum dimensions of parking spaces are nine feet (9’) in width by nineteen feet (19’) in length. The minimum dimensions for a compact parking space are eight feet (8’) in width by sixteen feet (16’) in length. PERSONAL IMPROVEMENT SERVICES: Provision of informational, instructional, personal improvement or similar services of a nonprofessional nature primarily to individuals or small groups. Typical uses include photography studios, driving schools, health or fitness studios, reducing salons, dance studios, or art, music, handicraft, or hobby instructions. PERSONAL SERVICES: Provision of frequently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops, and self-service laundry or apparel cleaning services. PET SERVICES: Retail services and grooming of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, or pet grooming shops, with no facilities for boarding of pets. PET SHOP: Any indoor boarding and sale of dogs, cats, birds, fish, reptiles, and other small animals. Pet shop definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter. POSTAL FACILITIES: Postal services, including post offices and mail processing or sorting centers which are either publicly or privately owned and operated. PREMISES: The designated structure or structures and land specified in the application for a use permit for a cannabis-related business that is owned, leased, or otherwise held under the control of the applicant or permittee where the cannabis-related business will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee. PRIVATE SCHOOL: A school that is established, conducted, and primarily supported by a nongovernmental agency. PROFESSIONAL OFFICE: Provision of professional or technical services including accounting, counseling, architecture, design, medical/dental, engineering, law, management, and similar professions. PUBLIC ASSEMBLY: Publicly or privately owned or operated facilities for major public assembly, recreation, sports, amusements, or entertainment, including civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, and exhibition halls. PUBLIC BUILDING: Any building held, used, or controlled exclusively for public purposes by any department or branch of the Federal, State (or subdivisions thereof), County, foreign, Indian tribal, or Municipal government, without reference to the ownership of the building or of the land upon which it is situated. PUBLIC SCHOOL: A free tax-supported school controlled by a government authority. QUEUE LINE: An area for temporary queuing or standing of motor vehicles, while waiting for a service or other activity. RECREATIONAL VEHICLE: A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle, used for temporary recreational, sleeping, or sporting purposes. This term shall include, but is not limited to: travel trailers, pickup campers, motor homes, converted trucks and buses, boats and boat trailers. RECYCLABLE MATERIAL: Reusable material including, but not limited to, metals, glass, plastic, paper, and construction salvage material, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. RECYCLING FACILITY: A facility where recycla

ed trucks and buses, boats and boat trailers. RECYCLABLE MATERIAL: Reusable material including, but not limited to, metals, glass, plastic, paper, and construction salvage material, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. RECYCLING FACILITY: A facility where recycla

ed trucks and buses, boats and boat trailers. RECYCLABLE MATERIAL: Reusable material including, but not limited to, metals, glass, plastic, paper, and construction salvage material, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. RECYCLING FACILITY: A facility where recyclable material is collected, processed, packaged, stored, and shipped/trucked off of the site. RELIGIOUS ASSEMBLY: Provision of regular organized religious worship and religious education incidental thereto, in a permanent facility, but excluding uses defined as education facilities. RESIDENTIAL, GROUP: Residential occupancy of dwelling units or sleeping units by groups of more than six (6) persons not defined as a family. Typical uses include rooming or boarding, dormitories, residence halls, and fraternity and sorority houses. REST HOME: An establishment that provides housing and general care for the aged or convalescent. RESTAURANT: A place in which the preparation and retail sale of food and beverages takes place, including incidental sale of alcoholic beverages. Typical uses include sandwich shops, coffee shops, dinner houses, delicatessens, ice-cream stores, and similar establishments. RESTAURANT, FAST FOOD: A restaurant that specializes in the rapid preparation and service of food, which may include a drive-in component. RETAIL SERVICES: The sale and incidental rental or servicing of commonly used personal or household goods. Typical uses include, but are not limited to, department stores, apparel stores, furniture and appliance stores, and business providing the products or services to the general public, not including businesses primarily for wholesale trade. This excludes automobile service and installation. ROOMING OR BOARDING HOUSE: A dwelling other than a motel, hotel, or bed and breakfast establishment, where long-term lodging and meals for five (5) or more persons is provided for compensation. ROW AND FIELD CROPS: Premises devoted to the cultivation for sale of agricultural products grown in regular or scattered patterns such as vines, field, forage and other plant crops intended to provide food or fibers.

SAFETY SERVICES: Facilities for the conduct of public safety and emergency services, including police and fire protection services as well as ambulance services.

SCHOOL: Shall mean an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including any other college or university.

SCRAP AND SALVAGE SERVICES: A business primarily engaged in storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automobile wrecking, paper, wood, or metal salvage yards, junkyards, and similar scrapping activities.

SCREENED: Shielded, concealed, or reflectively blocked from view from an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm, or similar architectural or landscape feature. SERVICE (GAS) STATION: Provision for fuel, lubricants and accessories, and incidental light servicing of motor vehicles.

SETBACK LINE: A line within a lot parallel to and measured from a corresponding street center line, lot line, or right-of-way line, forming the interior boundary of a required yard and governing the placement of structures and uses on the lot.

SHOOTING RANGE: A place for practicing shooting.

SIGN/LOGO: Any surface device, or display having lettered, pictorial, or sculptured matter designed to convey visual information, and which is publicly displayed. It includes a display surface and all organized or related elements, which together form or represent a single unit.

SIDEWALK CAFES: A designated area of a public sidewalk where patrons may sit at tables while consuming food and beverages ordered from the establishment.

SINGLE-FAMILY RESIDENTIAL: Use of a site for only one dwelling unit and its allowed accessory uses, or for one primary dwelling unit and one secondary dwelling.

SINGLE ROOM OCCUPANCY (SRO): Any residential structure containing more than five (5) units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features, (e.g., kitchen, bathroom, or entertainment area).

SITE: A lot or group of lots used together for a unified development.

SITE AREA: The total gross area of a lot or parcel. SITE PLAN: A scaled drawing with complete dimensioning, showing the location of existing or proposed buildings, structures, uses, and other site development features. SLEEPING UNIT: A room or group of rooms in a dwelling unit, group residential use, hotel or motel, or similar use, for overnight occupancy on either a transient or long term occupancy by one or more persons. Each two (2) persons’ capacity shall be deemed a separate sleeping unit. SMALL COLLECTION RECYCLING FACILITY: A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. The facility does not use power driven processing equipment except as otherwise provided for in this chapter. The facility does not occupy more than five hundred (500) square feet, and may include: reverse vending machines; mobile unit; bulk reverse vending machines; kiosk type units; and unattended containers placed for donation.

redemption, or purchase, of recyclable materials from the public. The facility does not use power driven processing equipment except as otherwise provided for in this chapter. The facility does not occupy more than five hundred (500) square feet, and may include: reverse vending machines; mobile unit; bulk reverse vending machines; kiosk type units; and unattended containers placed for donation.

SMALL FAMILY DAYCARE HOME: See definition of Daycare Home (Small Family). SOCIAL HALL: A building used for social events and public assembly. SOLID WASTE: All putrescible and nonputrescible solid, semisolid, and liquid wastes such as, but not limited to, garbage, rubbish, ashes, paper, industrial wastes, demolition and construction wastes, abandoned vehicles, vegetable matter, wood, but excluding hazardous waste. SOLID WASTE FACILITY: Any structure, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, disposal, or recycling of solid waste. SOLID WASTE TRANSFER FACILITY: A solid waste facility where solid waste is temporarily loaded, stored, packaged, unloaded, and transported to another location. STABLES, COMMERCIAL: Boarding, breeding, or raising of horses not owned by the occupant of the premises. Typical uses include boarding stables, public stables, or riding academies. STABLES, PRIVATE: Boarding, breeding, or raising of horses owned by the occupant of the premises or the owner of the property. STREET, PUBLIC: A dedicated or publicly accepted and maintained thoroughfare affording the primary means of access to abutting property. The term "street" includes all land within the right of way thereof. STRUCTURE: That which is built or constructed, or an edifice or building of any kind, or any piece of work artificially built up or composed of having parts joined together in some definite manner. STRUCTURE, LEGAL NONCONFORMING: A building or structure including off street parking or loading space, that does not comply with current applicable site development regulations for the district in which it is located, or with applicable general regulations, but which complied with applicable provisions at the time of construction. SUPPORTIVE HOUSING: Housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. TEMPORARY USES: Nonpermanent uses, structures, and activities when consistent with the purposes of this chapter, and compatible with surrounding uses. Temporary uses include, but are not limited to, carnivals, open air theaters, and other similar uses involving large assemblages of people. TOWNHOUSE: A small- to medium-sized attached structure that consists of two (2) to sixteen (16) multi-story dwelling units placed side by side. Entries are on the narrow side of the unit and typically face a street or courtyard. The street facades have entrances and avoid garages. TRANSIENT HABITATION: Establishments primarily engaged in the provision of lodging services on a less than monthly basis with incidental food, drink and other sales and services intended for the convenience of guests. The following are transient habitation use types: 1. Transient Habitation – Campground: Campground services involving transient habitation areas for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks or campgrounds. 2. Transient Habitation – Lodging (Limited): Lodging services involving the provision of room and/or board. Typical uses include hotels, motels, inns, or transient boarding houses with three (3) to six (6) rooms. 3. Transient Habitation – Lodging: Lodging services involving the provision of room and/or board. Typical uses include hotels, motels, inns, or transient boarding houses with seven (7) or more rooms. 4. Transient Habitation – Resort And Recreational Facilities: Resort services including the provision of extensive outdoor recreation and entertainment services especially for vacationers. Typical uses include resort and recreational facilities, health spas, resort hotels and motels, guest ranch, inns or organized camps. TRANSITIONAL HOUSING: Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance. Transitional housing units are residential uses allowed in any residential zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. TRANSPORTATION SERVICE: Parking, storage, dispatching, or incidental servicing for both motorized and nonmotorized vehicles, other than as accessory to a principal use. Typical uses include auto and trailer rental agencies, transit centers, taxi or ambulance dispatching, bicycle rental facilities, and vehicle impound facilities, but exclude dismantling or salvage activities. TRANSPORTATION TERMINAL: A facility for loading and interchange of passengers, baggage, and incidental freight or package express between modes of transportation, including bus terminals and public transit facilities. TREE CROPS: Premises devoted to the cultivation for sale at wholesale of tree-grown agricultural products such as pears, apples, walnuts and Christmas trees but excluding other forestry products. TRIPLEX: A building containing three (3) individual dwelling units. TWO-FAMILY RESIDENCE: Use of a site for two (2) dwelling units, either in the same building or in separate buildings, except when one of the dwelling units is a secondary dwelling. USE: The conduct of an activity, or the performance of a function or operation, on a site or in a building, structure, or facility. USE, ACCESSORY: A use or activity which is incidental to and customarily associated with a specific principal use

of a site for two (2) dwelling units, either in the same building or in separate buildings, except when one of the dwelling units is a secondary dwelling. USE: The conduct of an activity, or the performance of a function or operation, on a site or in a building, structure, or facility. USE, ACCESSORY: A use or activity which is incidental to and customarily associated with a specific principal use

of a site for two (2) dwelling units, either in the same building or in separate buildings, except when one of the dwelling units is a secondary dwelling. USE: The conduct of an activity, or the performance of a function or operation, on a site or in a building, structure, or facility. USE, ACCESSORY: A use or activity which is incidental to and customarily associated with a specific principal use on the same site. USE, CONDITIONAL: A use potentially allowed within a particular district solely on a discretionary basis; and subject to review and in accord with the provisions of this chapter. USE, LEGAL NONCONFORMING: A lawful use of any land, building or structure, that does not conform with currently applicable use regulations, but which complied with the use regulations in effect at the time the use was established.

USE, PERMITTED: A use within a particular district and permitted within that district with the securing of a use permit.

USE, PRINCIPAL OR PRINCIPAL USE: A use which fulfills the primary function of a household, establishment, institution, or other entity.

UTILITY SERVICE (Major): Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants, and similar facilities of public agencies or public utility firms having potentially significant impact on surrounding uses.

UTILITY SERVICE (Minor): A facility or service installation of a public utility necessary to provide utility service to uses in the general vicinity and requiring only minor structures such as lines, poles, transformers, control boxes, and similar features.

VALUE OR VALUATION: The estimated cost to replace a structure in kind, based on current replacement costs.

VARIANCE OR VARIANCE PERMIT: A permit that grants a minor modification or variation of the strict application of any of the provisions of this chapter when the strict application would deprive a property of privileges enjoyed by other property in the same vicinity, district, and zone. Variance definition shall not be construed as to permit those uses not permitted by the zone.

VETERINARY OFFICE OR SERVICES: Medical care for dogs, cats, birds, horses, and other animals which may or may not require an overnight treatment on the premises.

VOLATILE SOLVENTS: Solvents that are or produce a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

WAREHOUSING AND DISTRIBUTION (General): Warehousing and distribution activities conducted partially or entirely in the open. Typical uses include monument or stone yards, and contractor’s service and storage yards.

WAREHOUSING AND DISTRIBUTION (Limited): Wholesaling, bulk storage, distribution and handling of materials and equipment other than livestock, when all storage and services except parking and loading activities are conducted within a building. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms.

WHOLESALE STORE: The wholesale handling and sale of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage for sale of any material or commodity, and not including the processing or manufacturing of any product or substance.

YARD: A required open space extending from a lot line into a lot containing only landscaping and such other uses or structures as permitted by this chapter.

  1. Front Yard: A required yard extending the full width of a lot between the front lot line and the front setback line.

  2. Rear Yard: A required yard extending the full width of a lot between the rear lot line and the rear setback line.

  3. Side Yard: A required yard extending the depth of a lot from the front yard to the rear yard between the side lot line and the side setback line.

YOUTH-ORIENTED FACILITY: Shall mean a public park, as shown on the official zoning map for the City; church; museum; library; or licensed daycare facility.

ZONING DISTRICT OR ZONE: A specific set of land use regulations as set forth herein and legally assigned to various districts established and delineated on the zoning map of the city.

ZONING MAP: A map adopted pursuant to the regulations of this chapter showing the boundaries of districts within the city of Ukiah. (Ord. 1019, §1, adopted 1999; Ord. 1081, §3, adopted 2006; Ord. 1110, §1, adopted 2008; Ord. 1114, §2, adopted 2009; Ord. 1167, §2, adopted 2016; Ord. 1181, §6, adopted 2017; Ord. 1186, §8, adopted 2018; Ord. 1189, §4, adopted 2018; Ord. 1205, §11, adopted 2020; Ord. 1216, §8, adopted 2021; Ord. 1226, §12, adopted 2022; Ord. 1230, §3, adopted 2023; Ord. 1249, §6, adopted 2024; Ord. 1253, §8, adopted 2025; Ord. 1257, §14, adopted 2025)

1 Health & S.C. 1596.78.

2 Health & S.C. 1596.78.

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CHAPTER 2 ZONING

ARTICLE 22. INTERPRETATION, ENFORCEMENT PENALTIES AND LEGAL PROCEDURE

SECTION:

§9350: Interpretation

§9351: Enforcement Authorized

§9352: Penalties For Violation

§9353: Violation As A Public Nuisance

§9354: Remedies Cumulative

§9355: Applicability Of Chapter To Governmental Agencies

§9356: Citation

§9350 INTERPRETATION

When interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by the adoption of this Chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or improvement; nor is it intended by this Chapter to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided however, that in cases in which this Chapter imposes a greater restriction upon the erection, construction, establishment, moving, alteration, or enlargement of buildings for the use of any buildings or premises in said several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants, or agreements, then in such case the provisions of this Chapter shall control. (Ord. 793, §2, adopted 1982)

§9351 ENFORCEMENT AUTHORIZED

All departments, official and public employees of the City, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Chapter, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Chapter, and any such permit or license issued in conflict with the provisions of this Chapter shall be null and void. It shall be the duty of the Building Official of the City to enforce the provisions of this Chapter pertaining to the creation, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. (Ord. 793, §2, adopted 1982)

§9352 PENALTIES FOR VIOLATION

Any person, firm or corporation, whether as principal, agent, or employee or otherwise, violating or causing the violation of any of the provisions of this Chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County of Mendocino jail for a term not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation, shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Chapter is committed or continued by such person, firm or corporation, and shall be punishable as herein provided. (Ord. 793, §2, adopted 1982)

§9353 VIOLATION AS A PUBLIC NUISANCE

Any building or structure built, erected, or constructed, altered, enlarged, converted, moved, set up, or maintained contrary to the provisions of this Chapter, and any use of any land, building, or premises established, conducted, operated or maintained contrary to the provisions of this Chapter, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building contrary to the provisions of this Chapter. (Ord. 793, §2, adopted 1982)

§9354 REMEDIES CUMULATIVE

The remedies provided for this Chapter shall be cumulative and not exclusive. (Ord. 793, §2, adopted 1982)

§9355 APPLICABILITY OF CHAPTER TO GOVERNMENTAL AGENCIES

This Chapter and the zoning restrictions contained therein shall not be applicable to buildings or uses by the City government, but shall be applicable to all other governmental agencies insofar as such other governmental agencies may be subject to zoning regulations of a municipality. Uses made pursuant to a franchise or concession duly granted by the City shall be deemed to be the use of the City government. (Ord. 793, §2, adopted 1982)

§9356 CITATION

This Chapter shall be known as, and may be cited as, the ZONING ORDINANCE of the City. Reference to section and article numbers herein are to the Section and Articles of this Chapter. (Ord. 793, §2, adopted 1982)

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ARTICLE 23. PERFORMANCE STANDARDS FOR ADMINISTRATIVE USE PERMITS AND FOR SPECIFIC ALLOWED USES

SECTION:

§9380: Purpose and Intent §9381: Animals Within The City §9382: Outdoor Sales and Display Projects §9383: Community Gardens §9384: Live Entertainment §9385: Outdoor Dining §9386: Sidewalk Cafe §9387: Specialty Food and Beverage Sales With Tastings

§9380 PURPOSE AND INTENT

Performance standards provide the criteria for evaluating requests submitted through the Administrative Use Permit process (see Section 9269 of this Code), certain other use permits, and specific allowed uses that require minimal discretion and review. The performance standards listed in this Article are intended to explicitly describe the required location, configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the City’s General Plan. (Ord. 1257, §15, adopted 2025)

§9381 ANIMALS WITHIN THE CITY

A. Purpose and Applicability. The provisions of this Section establish performance standards for the noncommercial keeping of certain animals within the City of Ukiah. The intent is to protect the public health, safety, and welfare while supporting personal food production, educational programs (e.g., 4-H/FFA), and compatibility with residential neighborhoods. All other animals commonly kept as pets or for personal enjoyment (e.g., fish, dogs, cats, potbellied pigs, reptiles, birds, hamsters) are exempt from these standards unless separately regulated by the Ukiah Municipal Code or determined by the Community Development Director to pose a nuisance or health risk.

This Section does not apply to commercial livestock operations, which are governed by Division 5, Chapter 2 of the Ukiah City Code.

Furthermore, roosters, turkeys, ducks, geese, and swine, are prohibited in all zoning districts within the City except for the Agricultural Exclusive (AE) and Combining Agricultural (-A) zoning districts, in which this use is subject to the permitting requirements set forth in Article 10 or Article 13 of this Chapter as appropriate.

B. Animal Raising – Personal. Animal Raising – Personal, as defined in Section 9278 of this Code and as may be amended, shall be allowed in any zoning district; provided, that all standards set forth in the definition in Section 9278 apply. An application for an Administrative Use Permit allowing exceptions to the standards in Section 9278 may be authorized under Section 9269 of this Chapter. Issuance of an Administrative Use Permit in that instance will require the following findings:

  1. Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision of the Ukiah City Code or any other applicable provision of law.

  2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an animal receiving inhumane treatment. 3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties adversely affecting the enjoyment of such property. 4. Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely affecting the enjoyment of nearby property. 5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the enjoyment of nearby property. 6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances. 7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents. 8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby properties or the natural habitat.

ult in other public or private nuisances. 7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents. 8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby properties or the natural habitat.

C. Beekeeping and Apiaries. 1. The keeping of bees in four beehives or less shall be allowed, provided they comply with the following standards and requirements: a. Colony Density. i. The minimum lot size required for an apiary shall be 4,000 square feet. ii. The maximum number of hives allowed in an apiary shall be determined based on lot sizes as follows: 1. 4,000 square feet to 10,000 square feet: 2 hives. 2. 10,001 square feet to 43,560 square feet: 4 hives. 3. On any lot of 10,001 square feet in size or larger, more than four beehives may be kept, provided there is an additional lot area of 2,500 square feet for each hive. If a skep, barrel, log gum, or other container are used instead of boxes for a hive, the dimensions of the hive shall not exceed the limits of this subsection. b. Care and Maintenance. i. Hives should not be kept or maintained within any required front yard area. Hives located within the side and rear yard areas of a lot should maintain a minimum of a 10-foot setback from side and rear property lines to the hives. ii. Hives and apiaries shall be kept in a manner that facilitates inspection and shall be maintained in a sound and usable condition.

iii. In all instances, there shall be one adequate and accessible water source provided on site and located within 20 feet of the beehive(s). The water source shall be maintained so as not to become stagnant. iv. A flyway barrier at least six feet in height but no greater than seven feet in height shall be erected parallel to the lot line between the hive opening and any lot line located within 25 feet. The flyway barrier shall consist of a wall, solid fence, dense vegetation, or a combination thereof extending five feet beyond the hive in each direction. A flyway barrier of dense vegetation shall not be limited to seven feet in height; provided, that the initial planting is four feet in height and the vegetation normally reaches six feet in height or higher. Barriers shall be maintained in good condition so that all bees are forced to fly at an elevation of at least six feet above ground level. 2. All beekepers are required to register their bee colonies with the Mendocino County Agriculture Commissioner and adhere to all state laws related to the keeping of bees, including California Food and Agricultural Code, Division 13, Chapter 1, as may be amended from time to time. Beekepers must also notify the Agriculture Commissioner upon relocation of bee colonies. 3. An application for an Administrative Use Permit allowing exceptions to the above standards may be authorized under Section 9269 of this Chapter.

re to all state laws related to the keeping of bees, including California Food and Agricultural Code, Division 13, Chapter 1, as may be amended from time to time. Beekepers must also notify the Agriculture Commissioner upon relocation of bee colonies. 3. An application for an Administrative Use Permit allowing exceptions to the above standards may be authorized under Section 9269 of this Chapter.

D. Nonconforming Animal Keeping, Declaration of Public Nuisance. The City Council declares to be a public nuisance any lot where animal keeping is operating in a manner that is not in conformance with this Section.

E. Other Applicable Laws. Nothing in this Section shall exempt any property from enforcement under applicable nuisance, animal control, or public health laws. The Community Development Director may require an administrative use permit if the number, condition, or management of noncommercial animal keeping poses a risk to health, safety, or welfare. (Ord. 1257, §15, adopted 2025)

§9382 OUTDOOR SALES AND DISPLAY PROJECTS

Outdoor sales establishments are allowed in all Commercial (C-N, C-1, C-2), and Manufacturing Zoning Districts; provided, that they occur for no more than thirty (30) days within a twelve (12) month period, in accordance with the below standards. Outdoor sales establishments that exceed thirty (30) days within a twelve (12) month period, that are located in Residential (R-1, R-2, or R-3) Zoning Districts or that do not meet the following performance standards may be permitted through an Administrative Use Permit, as regulated by Section 9269 of this Chapter.

A. Parking: Parking shall be designated for a minimum of three (3) automobiles, located off the public right-of-way with no automobile maneuvering permitted in the public right-of-way.

  • B. Signage: A maximum of twenty-five percent (25%) of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or A-frame sign pursuant to the standards set forth in Subsection 3227.A.5 of this Code.

  • C. Utilities: The need for sanitary sewer, water, and electrical services shall be determined through the Administrative Use Permit process, and all connections shall comply with this Code.

D. Business License: Business license must be prominently displayed at all times, and the operator shall have proof of Board of Equalization sales permit. (Ord. 1257, §15, adopted 2025)

§9383 COMMUNITY GARDENS

Community gardens may be allowed in any zoning district and shall comply with the following standards and requirements:

A. Days and Hours of Operation: Seven (7) days a week from seven o’clock (7:00) A.M. until dusk.

B. Fencing: Fencing is discouraged. When fencing is required to prevent vandalism or theft, trespassing, and/or encroachment by animals, fencing shall comply with the following:

1. Open Fencing: Open fencing (such as chain link, wrought iron, deer) up to seven feet (7') in height, measured from the grade adjacent to the fence to the top of the fence, is allowed at the property line or set
back from the property line. This type of fencing allows the garden to be protected and maximizes the size of the garden while creating an open, pedestrian-oriented use consistent with the purposes of this
code.
2. Solid Fencing: Solid fencing (such as wood, masonry) is prohibited since this closes off the site to the public realm, presents a solid unbroken surface which is not pedestrian-oriented, and reduces the size
of the garden.
C. Herbicides and Pesticides: All pest and weed control shall be accomplished through organic means using the least toxic methods available. If unsure how to combat pests, weeds, and diseases organically,
contact the garden team leader or other qualified professionals or organizations for guidance and resources.
D. Motorized Equipment: Use of motorized equipment (such as weed eaters, leaf blowers, rototillers) shall be limited to weekdays from eight o’clock (8:00) A.M. to seven o’clock (7:00) P.M. and weekends
and holidays recognized by the City of Ukiah from ten o’clock (10:00) A.M. to five o’clock (5:00) P.M.
E. Noise: Compliance with the City of Ukiah noise regulations and restrictions set forth in Division 7, Chapter 1, Article 6 of this Code is required, except as indicated in Subsection D of this Section,
Motorized Equipment, which may be more restrictive.
F. Parking: A minimum of one parking space along the street frontage of the community garden shall be provided. Vehicle use by members of the community garden should be limited to taking supplies to
and from the garden, rainy or poor weather, or assisting gardeners with disabilities. Users of the garden shall be encouraged to walk or bike to the site in order to reduce the need for parking and parking
impacts on neighboring uses.
G. Signs: Signs are limited to identification, informational, and directional signs in conformance with the sign regulations set forth in Division 3, Chapter 7 of this Code.
H. Structures – Accessory: The following accessory structures are allowed: tool sheds, greenhouses, cold-frames, hoop houses, compost bins, rain barrel systems, picnic tables, benches, bike racks, garden
art, and fences subject to the development standards of the zoning district in which the community garden is located and the requirements of this Section. Commercially maintained portable bathrooms are
allowed as accessory structures; provided, that they comply with accessibility standards and comply with the development standards of the zoning district in which the community garden is located.
I. Water Use: Every effort shall be made to reduce water usage. Drip irrigation is required where feasible. Mulch and compost shall be used in order to reduce the amount of water needed for garden plots.
J. Prohibitions: Smoking, drinking alcoholic beverages, using illegal drugs, and gambling are prohibited. Weapons, pets and other animals (except service animals) are also prohibited.
Community gardens that do not meet the above performance standards may be permitted through an Administrative Use Permit, as regulated by Section
9269 of this Chapter. (Ord. 1257, §15, adopted 2025)
§9384 LIVE ENTERTAINMENT
A. Live entertainment uses may occur in the C-1, C-2, and P-F zoning districts, provided they comply with the following standards and requirements:
1. Live entertainment shall commence no earlier than ten o’clock (10:00) A.M. and shall end at eleven o’clock (11:00) P.M. and is limited to two (2) times a week.
2. Live entertainment shall not violate the noise regulations and restrictions set forth in Division 7, Chapter 1, Article 6 of this Code.
3. The number of people within a building where live entertainment is performing shall not exceed the occupancy standards contained in the California Building Code or Ukiah City Code.
4. Businesses desiring to have live entertainment shall provide adequate security during and after live entertainment events.
5. Parking shall generally comply with the Ukiah City Code, although on-street parking within commercial zoning districts may be included in the number of parking spaces provided for the live
entertainment.
6. Any building proposed for live entertainment shall comply with all Fire Code requirements and shall be reviewed and approved by the Ukiah Fire Marshal.
B. Management Plan Submittal: As a part of the application for the conducting of live entertainment, the applicant shall submit a management plan addressing the items listed below, which will be
distributed by the Planning Division to the Ukiah Police Department and Ukiah Valley Fire Authority for review and comments. The management plan shall, at a minimum, include the following:
1. Potential for loitering and how the business will preclude loitering.
2. Adequacy of lighting for security and safety purposes.
3. Adequacy of parking.
4. Compatibility and suitability with the existing and allowed uses in the area and/or character of the area, including, but not limited to, proximity to sensitive land uses such as residences, schools, parks,
daycare facilities, and churches.
5. Details regarding how security will be provided during and after live entertainment events.
6. Likelihood the use would facilitate the vitality, economic viability, and/or provide recreational or entertainment opportunities in an existing commercial area without presenting a significant impact on
health and safety.
7. Hours of operation for the business and hours of proposed live entertainment.
8. Other information deemed necessary on a case-by-case basis.

C. Relief from any of the standards or requirements may be sought through the pursuit of an Administrative Use Permit, as regulated within Section 9269 of this Chapter. The determination shall be based, in part, on how much relief is being sought and the location of the proposed live entertainment and its potential to impact the area. (Ord. 1257, §15, adopted 2025)

§9385 OUTDOOR DINING

On-site outdoor dining may be allowed in the C-N, C-1 and C-2 zoning districts, provided it is incidental to and part of the operation of a restaurant located on the same parcel, and it complies with the standards and requirements listed below:

A. Purpose: The provisions of this Section are intended to allow outdoor dining in association with a restaurant located on the same parcel as the outdoor dining, where the outdoor dining is clearly incidental to the adjacent restaurant use and will not negatively impact the operations and function of the existing restaurant, including parking facilities, pedestrian access and circulation, and disabled

access facilities.

B. Location of Outside Dining: Outdoor dining shall be located on the same site as the restaurant which the outdoor dining will serve. Outdoor dining facilities, such as tables, chairs, umbrellas, etc., shall not be located in pedestrian walkways, required parking spaces, or disabled access facilities (such as parking spaces, walkways, entries, etc.). Outdoor dining areas may be located in landscaped areas if located in such a manner as to not damage the landscaping.

C. Hours of Operation: Days and hours of operation for the outdoor dining shall not extend beyond the hours of operation for the restaurant which it serves. Tables, chairs, and all other furniture used in the operation of outdoor dining shall be removed from any pedestrian walkways and stored indoors at night and whenever the cafe is not in operation.

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D. Live Entertainment: Outdoor dining shall not be used for live entertainment unless in compliance with Section 9384 of this Code.
E. Tables, Chairs, Furniture, Signage:
1. In order to provide adequate and safe ingress/egress, a minimum unobstructed pedestrian walkway width of forty-eight inches (48") or the width of the doors, whichever is greater, shall be maintained. The
required width of the unobstructed pedestrian walkway shall extend from the front of the door(s) to the public sidewalk. A reduced width may be approved by the Building Official in compliance with the
building code.
2. A minimum of sixty inches (60") of unobstructed space shall be maintained between exits and any furniture or fixtures related to outdoor dining, or as required by the building code, whichever is greater.
3. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable.
4. Umbrellas shall be secured with a minimum base of not less than sixty (60) pounds and shall leave a vertical clearance of seven feet (7') from the sidewalk surface.
5. Outdoor heaters are allowed subject to fire and building code compliance. Non-live music and/or speakers may be used provided the music does not violate the noise regulations and restrictions set forth in
Division 7, Chapter 1, Article 6 of this Code.
6. No signage shall be allowed in the outdoor dining area except for the name of the establishment on an awning or umbrella fringe and in compliance with this Section and the signage regulations set forth in
Division 3, Chapter 7 of this Code.
F. Maintenance: The property and/or business owner are responsible for maintaining all outdoor dining furnishings and the outdoor dining area in good condition, including, but not limited to, the
following:
1. All outdoor dining furnishings and all exterior surfaces within the outdoor dining area shall be easily cleanable and kept clean and free of debris.
2. The outdoor dining area and adjacent areas kept in a clean and safe condition.
G. Food and Beverages: Outdoor dining areas may only serve food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; provided, however, that the service of beer or
wine or both, solely for on-premises consumption by customers within the outdoor dining area, may be authorized by the Community Development Director and Police Department if each of the following
requirements are met:
1. The outdoor dining operation is duly licensed, or prior to the service of any beer or wine, will be duly licensed by State authorities to sell beer or wine for consumption within the outdoor dining area.
2. The authorized outdoor dining area is identified in a manner which will clearly separate and delineate it from the areas of the sidewalk that will remain open to pedestrian traffic.
3. One or more signs, as approved as part of the encroachment permit, are posted during all times the sidewalk cafe is in operation, which shall give notice to the cafe’s customers that the drinking of beer or
wine or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated outdoor dining area.
Outdoor dining areas authorized by the Community Development Department and Police Department and in compliance with the requirements of this section are exempt from section 6000 of this Code.
H. Service Requirements:
1. Service areas (such as busing and service stations) may be located within the outdoor dining area. Service areas shall comply with subsection B of this Section (Location of Outside Dining). Outdoor food
preparation in the outdoor dining area is prohibited.
2. Restrooms for the outdoor dining area shall be provided in the adjoining indoor restaurant. Seating for the outdoor dining may be counted in determining the restroom requirements for the indoor
restaurant at the discretion of the Building Official.
I. Revocation: The outdoor dining may be revoked by the City upon finding that one or more of the requirements of this section have been violated or that the outdoor dining is being operated in a manner
that constitutes a nuisance.
J. Relief from any of the standards or requirements may be sought through the pursuit of an Administrative Use Permit, as regulated within Section 9269 of this Chapter. (Ord. 1257, §15, adopted 2025)
§9386 SIDEWALK CAFE
A. A sidewalk cafe may be allowed in the C-N, C-1, and C-2 zoning districts, provided it is incidental to and part of the operation of a restaurant and it complies with the standards and requirements listed
below.
B. Purpose: The provisions of this section are intended to allow a sidewalk cafe to operate in association with an allowed restaurant use, where the sidewalk cafe is clearly incidental to the restaurant use and
will not negatively impact the right-of-way.
C. Permit Requirements: A sidewalk cafe shall require the approval of an encroachment permit from the Department of Public Works and Planning and Community Development Department.
D. Limitations and Requirements: A sidewalk cafe may be allowed only where allowed by section 9385 of this Code and only when the sidewalk cafe is incidental to and part of the operation of an adjacent
restaurant and when in compliance with the following requirements of this section:
1. Where Permissible: A sidewalk cafe may be located on a public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe; provided, that the area in which the sidewalk
cafe extends is no farther along the sidewalk frontage than the operating indoor restaurant.
2. Location of Sidewalk Cafes: Each cafe shall be confined to a defined location on the sidewalk immediately adjacent to the restaurant which operates the cafe.
3. Hours of Operation: Sidewalk cafes may operate on days whenever fair weather would enhance outdoor dining. The hours of operation shall not exceed eight o’clock (8:00) A.M. to nine o’clock (9:00) P.M.
Tables, chairs, and all other furniture used in the operation of a sidewalk cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation. Additional hours may
be authorized contingent upon the approval of an Administrative Use Permit.
4. Sidewalk Clearances: A sidewalk cafe may be allowed only where the sidewalk is wide enough to adequately accommodate the usual pedestrian traffic in the area, to comply with California State
accessibility standards and federal ADA requirements, and the operation of the proposed cafe.
5. Live Entertainment: A sidewalk cafe shall not be used for live entertainment. Live entertainment at sidewalk cafes may be authorized in compliance with Section 9384 of this Code.
E. Tables, Chairs, Furniture, Signage:
1. All tables and chairs comprising a sidewalk cafe shall be situated in a safe fashion and away from any sidewalk or street barrier including a bollard, and shall not be within eight feet (8') of any designated
bus stop.
2. The dining area shall not impede the use of public furnishings such as lighting, benches, etc.
3. In order to provide adequate and safe ingress/egress, a minimum unobstructed public sidewalk width of forty-eight inches (48") shall be maintained for the entire length of the sidewalk cafe. The required
width shall extend from the front of the door(s) to the end of the sidewalk cafe.
4. A minimum of sixty inches (60") of unobstructed space shall be maintained between exits and any furniture or fixtures related to the sidewalk cafe, or as required by the building code, whichever is greater.
5. All sidewalk cafe furniture, including tables, chairs, umbrellas, and planters, shall be movable.

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  1. Umbrellas shall be secured with a minimum base of not less than sixty (60) pounds and shall leave a vertical clearance of seven feet (7') from the sidewalk surface.

  2. Outdoor heaters are allowed subject to fire and building code compliance. Music and/or speakers may be authorized contingent upon the approval of an Administrative Use Permit.

  3. No signage shall be allowed at the sidewalk cafe except for the name of the establishment on an awning or umbrella fringe and in compliance with this section and the signage regulations set forth in Division 3, Chapter 7 of this Code.

  4. All furnishings and other items associated with the sidewalk cafe shall be removed from the sidewalk during nonoperation hours of the cafe. Storage of these items outside may be authorized contingent upon the approval of an Administrative Use Permit.

  5. Any proposed seating in the vicinity of street trees shall comply with the City’s Management Guidelines adopted December 1, 2010.

  • F. Maintenance: The permittee is responsible for maintaining all outdoor dining furnishings and the sidewalk cafe area in good condition, including, but not limited to, the following:
  1. All outdoor dining furnishings and all exterior surfaces within the sidewalk cafe area shall be easily cleanable and kept clean and free of debris.

  2. The sidewalk cafe area and adjacent areas shall be kept in a clean and safe condition.

  • G. Food and Beverages: A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; provided, however, that the service of beer or wine or both solely for on-premises consumption by customers within the areas of the sidewalk cafe may be authorized by the Community Development Department and Police Department as part of the required encroachment permit if each of the following requirements are met:
  1. The sidewalk cafe operation is duly licensed, or prior to the service of any beer or wine will be duly licensed by State authorities to sell beer or wine for consumption within the area of the sidewalk cafe.
2. The area in which the sidewalk cafe is authorized is identified in a manner, as part of the encroachment permit, which will clearly separate and delineate it from the areas of the sidewalk that will remain
open to pedestrian traffic.
3. One or more signs, as approved as part of the encroachment permit, are posted during all times the sidewalk cafe is in operation, which shall give notice to the cafe’s customers that the drinking of beer or
wine or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated area of the sidewalk cafe. Sidewalk cafes authorized by the Community Development
Department and Police Department as part of the required encroachment permit and in compliance with the requirements of this section are exempt from section 6000 of this code.
H. Service Requirements:
1. The outdoor preparation of food and busing and service stations are prohibited at the sidewalk cafe. Outdoor service station may be authorized contingent upon the approval of an Administrative Use
Permit.
2. Restrooms for the sidewalk cafe shall be provided in the adjoining indoor restaurant. Seating for the sidewalk cafe may be counted in determining the restroom requirements for the indoor restaurant at the
discretion of the Building Official.
3. Trash and refuse receptacles for the sidewalk cafe shall not be permitted within the area designated for the sidewalk cafe or on adjacent sidewalk areas and the permittee shall remove trash and litter as
they accumulate. Trash and/or refuse containers may be authorized within the outdoor dining area or adjacent sidewalk areas contingent on the approval of an Administrative Use Permit.
I. Power to Prohibit Operation of the Sidewalk Cafe: Any encroachment permit issued for a sidewalk cafe shall provide that the City shall have the right and power, acting through the City Manager or
designee, to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems may arise from, but are not limited to,
scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be
given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power of the
City to prohibit the cafe’s operation at any particular time.
J. Conditions: In connection with granting the encroachment permit for a sidewalk cafe, conditions may be imposed in granting approval as deemed necessary for the proposed operation to meet the
operating requirements of this section.
K. Modifications: In the event the City determines during the operation of an approved sidewalk cafe that additional or revised conditions are necessary in order for the sidewalk cafe to comply with the
requirements of this section, the City shall have the ability to add additional conditions to the approved encroachment permit.
L. Revocation: The encroachment permit to operate a sidewalk cafe may be revoked by the City upon finding that one or more conditions of the permit or this section have been violated or that the sidewalk
cafe is being operated in a manner that constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes the movement of pedestrians past the sidewalk cafe. Revocations may be appealed per
the process outlined in Section 5613 of this Code.
M. Relief from any of the standards or requirements may be sought through the pursuit of an Administrative Use Permit, as regulated within Section
9269 of this Chapter. (Ord. 1257, §15, adopted 2025)
§9387 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS
Specialty food and beverage sales with tastings may be allowed in the C-N, C-1, C-2, and P-F zoning districts, provided they comply with the following standards and requirements:
A. Days and Hours of Operation: Days and hours of operation shall be limited to daily from ten o’clock (10:00) A.M. to ten o’clock (10:00) P.M. Additional hours may be authorized with approval of an
administrative use permit.
B. Live Entertainment: Live entertainment is allowed in compliance with Section 9384 of this code and may perform until eight o’clock (8:00) P.M. Other arrangements for live entertainment may be
authorized with approval of an administrative use permit.
C. Outdoor Seating: Outdoor seating is allowed in compliance with the applicable requirements for Outdoor Dining included in Section 9385 of this Code or Sidewalk Cafes in Section 9386 of this Code.
D. Administrative Use Permit: An application for an Administrative Use Permit to allow additional operating hours and/or live entertainment in a manner that exceeds the operating characteristics required
in this Section may be authorized as set forth in Section
9269 of this Chapter, and shall incorporate findings that address the following considerations:
1. Potential for loitering and how the business will preclude loitering.
2. Adequacy of lighting for security and safety purposes.
3. Adequacy of parking.
4. Compatibility and suitability with the existing and allowed uses in the area and/or character of the area, including but not limited to proximity to sensitive land uses such as residences, schools, parks,
daycare facilities, and churches.
5. Likelihood the use would facilitate the vitality, economic viability, and/or provide recreational or entertainment opportunities in an existing commercial area without presenting a significant impact on
health and safety.
6. Details regarding how security will be provided during and after live entertainment events.
2. The area in which the sidewalk cafe is authorized is identified in a manner, as part of the encroachment permit, which will clearly separate and delineate it from the areas of the sidewalk that will remain
7. Other information deemed necessary on a case-by-case basis. (Ord. 1257, §15, adopted 2025)
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