Chapter 2
Ukiah Zoning Code · 2026-07 edition · ingested 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)
§9055.1 DEVELOPMENT STANDARDS ¶
- A. Setbacks:
Front: The front setback shall comply with the base zone front setback requirements.
Setback Landscaping: Areas between the required setback and street improvements shall be landscaped per the landscaping requirements in subsection L of this section. 3. Side (Interior):
a. Minimum Side Setbacks: There is no minimum interior side setback; provided, that structures comply with the building and fire code standards for structure separation.
b. Zero Setback: If zero setbacks are proposed, the side setback opposite the zero setback shall be a minimum of five feet (5').
- Rear: The rear setback shall comply with the base zone rear setback requirements.
B. Property Access: There shall be vehicular access from a dedicated and improved street, easement, or alley to off-street parking areas.
C. Street Frontage: Every primary residential structure shall have frontage on a public street or an accessway which has been approved for residential access by the City.
D. Structure Orientation: Structures shall incorporate site design that reduces heating and cooling needs by orienting structures (both common facilities and dwelling units) on the parcel to reduce heat loss and gain, depending on the time of day and season of the year.
E. Structure Height: Structure height shall comply with the base zone maximum allowable height.
F. Alternative Energy Applications: All structures shall be designed to allow for the installation of alternative energy technologies including but not limited to active solar, wind, or other emerging technologies, and shall comply with the following standards:
Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines.
Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels, as shown in Figure 1-1.
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Figure 1-1: Application of Roof-Mounted Equipment
G. Utility Lines: All utility lines from the service drop to the structure shall be placed underground.
H. HVAC Systems: All HVAC systems shall be located on the roof of the structure to minimize noise impacts to adjacent properties, or shall be placed on the ground, not visible from the public right-of-way, meet the required setback and be obscured by fencing or landscaping as described in section 9055.2H of this code – Screening.
I. Mail and Package Delivery Location: For multifamily development projects greater than four (4) dwelling units, mailboxes and package delivery areas shall be in locations easily visible by residents.
J. Primary Entrances:
Entry Lighting: All primary structure entrances shall include dusk-to-dawn lighting for safety and security per subsection P of this section.
Interior-Facing Structures:
a. The primary entrance of each interior-facing structure shall be oriented toward paseos, courtyards, pathways, and active landscape areas.
b. For safety, units not facing the street shall be oriented to provide visual access to entryways, pedestrian pathways, recreation areas, and common facilities from dwelling units.
K. Open Space: The following development standards apply to multifamily developments greater than four (4) dwelling units:
- Public Open Space:
- a. Public Open Space: Not less than ten percent (10%) of the gross acreage of the total project shall be set aside as public open space to allow for active and passive recreation opportunities and that includes shading elements to benefit all residents of the project, as shown in Figure 1-2. Open space ownership and maintenance shall be the responsibility of the property owner(s).
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Figure 1-2: Configuration of Public Open Space
b. Connections: Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrian-oriented pathways.
c. Landscaping and Gardening: A minimum of fifteen percent (15%) of the required public open space shall be landscaped with materials and plantings consistent with the standards in subsection L of this section (Landscaping) and the subject parcel’s underlying base zone landscaping requirements.
d. Lighting: In addition to the exterior lighting standards in subsection P of this section, public open space areas shall incorporate accent lighting. Accent lighting may include string lighting in trees or crisscrossed over pedestrian areas via courtyards, or plazas; lighting in fountains; or lighting of significant structures or architectural design features.
e. Public Gathering Space: Public open space areas shall include a minimum of two (2) of the following public gathering spaces:
(1) Patio seating area for a minimum of eight (8) people. Patio seating can be fixed chairs and tables, table/bench combination, or landscape materials (i.e., slabs of stone or rock);
(2) Community garden;
(3) Water feature in the form of a fountain, bubblers, or water play area;
(4) Picnic/BBQ area no smaller than two hundred (200) square feet with a minimum of three (3) picnic/BBQs and tables; or
(5) Pedestrian plaza no smaller than two hundred (200) square feet with a minimum of four (4) benches.
f. Recreation Facilities: A maximum of twenty-five percent (25%) of the required public open space area may be paved for recreation facilities including but not limited to basketball courts, tennis courts, common playground, or swimming pools.
- Private Open Space:
- a. Ground Floor Units: Each ground floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy.
b. Above-Ground-Floor Units: Each above-ground-floor dwelling unit shall include a minimum of forty (40) square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy.
L. Landscaping (see Figure 1-3):
Landscaping Plans: Existing features, such as trees, creeks, and riparian habitats shall be incorporated into landscaping plans.
Site Landscaping:
a. All street trees shall be planted consistent with the standard planting detail on file with the City Engineer.
b. Vegetation (i.e., bushes, shrubs, flowers) shall be maintained at a height of no more than three feet (3') when located adjacent to pedestrian pathways and building facades and placed in such a manner that does not obstruct lighting.
c. Foodscaping: The integration of edible plants into ornamental landscapes is allowed and can constitute a percentage of the required landscaping for the subject property.
d. Community Garden: A public garden tended and maintained by members of the local community, allowed per section 9383 of this code (Community Gardens). Community gardens shall be regularly maintained and feature a management plan.
Irrigation: Site landscaping shall include an automated irrigation system with a minimum of seventy-five percent (75%) of system being drip irrigation to reduce water consumption.
Maintenance: All trees and on-site landscaping shall be maintained by the property owner.
Landscaping Plant Selection:
- a. Landscape planting shall consist of at least seventy-five percent (75%) native, drought-tolerant plants and/or flowering plants, including plants identified for "foodscaping."
b. All tree plantings shall be equivalent to a fifteen (15) gallon container or larger.
c. Street trees shall be selected from the approved species on the Ukiah Master Tree List – Required Street Tree List.
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Figure 1-3: Landscaping
M. Personal Outdoor Storage Spaces: A minimum of ten (10) square feet (eighty (80) cubic feet) of personal outdoor storage space shall be provided for each dwelling unit. Personal outdoor storage areas shall be covered and able to be locked.
N. Bicycle parking is an essential element of any bikeway network. Site planning for short- term and long-term bicycle storage considerations should be based on the Association of Pedestrian and Bicycle Professional’s (APBP) "Bicycle Parking Guidelines" and best practices. See below for bicycle parking standards (see Figure 1-4):
Class I Bicycle Parking: One Class I bicycle parking space (i.e., bicycle locker) is required for every fifteen (15) dwelling units. The Class I bicycle space shall be located within or directly adjacent to the required public open space area.
Class II Bicycle Parking: For multifamily development projects greater than four (4) dwelling units, one Class II bicycle parking space (i.e., inverted U-rack, ribbon rack, wave rack) is required for every three (3) dwelling units. The Class II bicycle space shall be located within or directly adjacent to the required public open space area.
Figure 1-4: Bicycle Parking O. Parking and Circulation: 1. Parking Areas: a. Parking Lot Design and Location: (1) Parking is prohibited within required sight distance areas. (2) Multifamily development projects greater than fifteen (15) dwelling units shall not site more than fifty percent (50%) of the total parking stalls in a single area of the parking lot. (3) Multifamily development projects greater than four (4) dwelling units shall not provide parking between the building(s) and the primary street frontage. (4) Parking lots within a site shall be internally connected and use shared driveways. b. Parking Lot Landscaping: The following development standards apply to multi-family developments greater than four (4) dwelling units: (1) Parking areas with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls (with exceptions for access aisles and other features required for accessibility or EV charging), unless infeasible, due to existing mature trees or other similar site-constraint. Parking lots shall also feature a continuous linear planting strip, rather than individual planting wells. (2) Parking lots shall provide shade trees in landscaped areas and along pedestrian pathways. Parking areas shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within ten (10) years of planting. (3) Parking lots shall provide a minimum ten-foot (10') buffer between the parking and structures. This buffer can include walkways and/or landscaping. (4) Parking lots shall use concrete curbing or raised planting areas to protect landscaped areas from encroaching vehicles. (5) At least seventy-five percent (75%) of parking lot trees shall be deciduous species. c. Parking Lot Lighting: The following development standards apply to multifamily development projects greater four (4) dwelling units. (1) Parking lots shall include pole-mounted lighting that shall be no more than sixteen feet (16') in height. (2) Parking lot lighting shall be directed downward to minimize glare. d. Carports: Carports shall be reserved for vehicles and shall not be used as storage space. e. Individual Garage Parking: For multifamily development projects greater than four (4) dwelling units, indoor vehicle parking in the form of garages is encouraged, but not required. 2. Required Parking: a. Parking Standards: Multifamily dwelling parking standards shall be consistent with the parking regulations of their zoning designation. b. Parking Standards: Mixed-use parking standards shall be consistent with subsection 9198.A.3 of this code. P. Exterior Lighting (see Figure 1-5): 1. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos, interior sidewalks, pathways, etc.) for safety and security. 2. Pedestrian pathway (excluding street-fronting sidewalks) lighting features shall not exceed ten feet (10') in height. 3. Active pedestrian areas shall incorporate free-standing lighting separate from structures. 4. Pedestrian pathways, elevator lobbies, parking areas, stairwells, and other common areas shall have minimum illumination levels of one-half (0.5) foot-candle at the pathway surface to clearly show walking conditions. 5. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto neighboring parcels is prohibited. 6. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to reduce glare and light pollution in conformance with Dark Sky Standards of the International Dark Sky Association.
e pathway surface to clearly show walking conditions. 5. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto neighboring parcels is prohibited. 6. Outdoor lighting shall use energy efficient lighting technology and shall be shielded downward to reduce glare and light pollution in conformance with Dark Sky Standards of the International Dark Sky Association.
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Figure 1-5: Exterior Lighting
Q. Privacy: 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.
R. Trash and Recycling Enclosures: The following trash and recycling enclosure development standards apply to multifamily development projects greater than four (4) dwelling units:
Walls either made of masonry, metal, or wood with finished metal doors.
Vehicle and pedestrian access gates.
3. Downward lighting for safety and security.
S. Structure Identification: Structure identification numbers shall be placed along pedestrian pathways and roads and shall be readable from a distance of at least sixty feet (60').
T. Signage and Information: Developments shall comply with the sign standards in Division 3, Chapter 7 of this code (Signs). In addition, all directional signage and informational kiosks (i.e., development maps) shall be located at the entrances of individual buildings and at convergences of main pedestrian pathways. (Ord. 1212, §7, adopted 2021; Ord. 1234, §2, adopted 2023; Ord. 1268, §5, adopted 2026)
§9055.2 DESIGN STANDARDS ¶
A. Carports:
- For multifamily development projects greater than four (4) dwelling units, carports shall not be visible from the street. 2. Carports shall include the approved color palette, materials, and design elements of the structure. B. Color Palettes (see Figure 1-6): 1. All structures shall include at least one primary color and a maximum of two (2) accent colors, in addition to the color of the roofing material. 2. Each structure elevation shall include two (2) colors in the selected color palette. 3. Projects that include more than ten (10) dwelling units shall include at least two (2) color palettes, where no single-color palette shall be used on more than fifty percent (50%) of the dwelling units. Figure 1-6: Color Palettes C. Fences and Walls: The following materials are prohibited for all fences and walls: 1. Electrified; 2. Barbed wire/razor wire; 3. Sharp objects such as spires and glass; 4. Cyclone or chain link (exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.)); and 5. Vinyl (exception for on-site gardening or recreation improvements (e.g., basketball court, community gardens, etc.)). D. Glazing: Structures shall incorporate the use of energy efficient glazing to reduce heat loss and gain. E. Common Mailboxes: Common mailboxes shall be painted using the approved color palette for the overall development. F. Trash and Recycling Enclosures: Trash and recycling enclosure walls and metal doors shall be painted in accordance with the approved color palette for the overall project. G. Roof Design and Materials (see Figure 1-7): 1. Horizontal eaves longer than twenty feet (20') in length shall be broken up by gables, building projections, or other forms of articulation. 2. Roof overhangs shall be a minimum of twelve inches (12"). Figure 1-7: Roof Design 3. The following are allowable roofing materials: a. Nonreflective standing seam metal roofs in shades of tan, brown, black, light blue, red, and green; b. Cool foam roofs (white); c. Clay tile; and d. Architectural composition shingles. H. Screening: All screening of ground-mounted, wall-mounted, and roof-mounted equipment shall be painted in accordance with the approved color palette for the project. Visual screening shall be installed if ground-mounted or wall-mounted equipment faces the street. I. Stairways/Stairwells: Exterior stairways/stairwells that are not enclosed shall not be visible from the public right-of-way. J. Structure Massing: Structures that have a length longer than thirty feet (30') shall include facades with varying modulation with a minimum depth of two feet (2') at intervals of no more than ten feet (10'), as shown in Figure 1-8.
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Figure 1-8: Structure Massing
- K. Structure Materials and Elements:
Drainpipes, parapets, and ledges shall not be located near windows, corridors, and balconies. If such placement is not feasible, they shall face parking lots, public spaces, and roads.
All structures shall include a minimum of two (2) primary materials (i.e., stone, wood, masonry, or metal) on each structure elevation. Each material shall comprise at least twenty percent (20%) of the elevations excluding windows and railings.
All structures that use exterior veneers shall ensure the edge of the veneer is not obvious by prohibiting the use of vertical joints at exterior corners.
The following primary structure materials are prohibited:
a. Exposed logs in their natural state;
b. Stucco textured foam, synthetic stucco, vinyl or vinyl-clad materials; and
c. Unfinished galvanized metals.
L. Exception: As needed or required, due to site or building constraints, the applicant can request deviation from the identified standards conveyed in UCC Sections 9055.1(K) through (S) or 9055.2(J) through (K) by twenty-five percent (25%) upon review by the Community Development Director. (Ord. 1212, §7, adopted 2021; Ord. 1234, §3, adopted 2023) Home Previous Next
Home Previous Next CHAPTER 2 ZONING ARTICLE 5.3. ACCESSORY DWELLING UNITS (ADUS) SECTIONS: §9056: Purpose And Intent §9056.1: General Requirements §9056.2: Development Requirements §9056.3: Setbacks
§9056.4: Parking §9056.5: Legal Nonconforming Accessory Structures §9056.6: Height §9056.7: Determination Of Appropriateness
§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)
§9056.1 GENERAL REQUIREMENTS ¶
Accessory dwelling units (ADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed shall be ministerially permitted and subject to the following standards/criteria: A. The requirements of this article are applicable to all existing ADUs, as well as those proposed after the effective date hereof, except for legal nonconforming units, or as specifically provided herein. Existing ADUs 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. B. ADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU is located. ADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the lot on which an ADU is located with a primary residence.
C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district or State law are met. D. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence unless the conveyance meets the requirements of Government Code sections 66340 through 66342. E. Accessory dwelling units provide complete independent living facilities for one or more persons. The accessory dwelling unit is either attached to, or located within, the proposed or 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, including detached garages. F. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure, unless the ADU is constructed with a new single-family home. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. G. Nothing in this chapter shall preclude the development of a junior accessory dwelling unit as regulated by Ukiah City Code and Government Code sections 66333 through 66339. (Ord. 1244, §5, adopted 2024; Ord. 1258, §2, adopted 2025) §9056.2 DEVELOPMENT REQUIREMENTS A. Applications for a building permit for an ADU shall be deemed approved if the local agency has not approved or denied the completed application within sixty (60) days. If approved, no additional parking or other development standards shall be applied except for building code and fire safety requirements.
44, §5, adopted 2024; Ord. 1258, §2, adopted 2025) §9056.2 DEVELOPMENT REQUIREMENTS A. Applications for a building permit for an ADU shall be deemed approved if the local agency has not approved or denied the completed application within sixty (60) days. If approved, no additional parking or other development standards shall be applied except for building code and fire safety requirements.
B. Applications for a building permit within any zoning district where residential uses are allowed or permitted shall be approved ministerially to develop any of the following:
- Unit Type: An ADU may be attached to an existing primary residence converted from a portion of the existing living area of the primary residence or attached garage, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure. 2. Number of Units: The number of ADUs allowed on a single lot shall be: a) On a lot that contains an existing or proposed single-family dwelling: One (1) new ADU attached or detached. Additionally, one (1) converted ADU created from existing space of the single-family residence or an existing accessory structure. Converted ADUs must have exterior access. ADUs converted from existing structures are eligible for a 150 square-foot expansion to accommodate ingress and egress. b) On a lot that contains an existing multifamily dwelling: Eight (8) ADUs, detached from the multifamily structure, and up to twenty-five percent (25%) of the number of units in the existing multifamily dwelling converted from existing non-livable space in a multifamily structure. The number of Accessory Dwelling Units, however, allowable pursuant to this Subsection shall not exceed the number of existing units on the lot. c) On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure. C. Size: The maximum size of a detached ADU shall be one thousand two hundred (1,200) square feet, unless located on the same parcel as a multi-family structure, in which case there shall be no maximum unit size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. D. Improvements: The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU, the correction of nonconforming zoning conditions. For purposes of this section, “nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. E. Lot Size: No minimum lot size shall be required. F. Lot Coverage: The lot coverage limitation of the base zoning district shall not apply to the construction of an ADU. G. Construction Standards: Not exclusive of other applicable State and local building and fire regulations, ADUs shall comply with the following requirements: 1. Structures within the State responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction. 2. Structures outside of the SRA must comply with building code regulations for fire-resistive construction, unless more restrictive standards are required pursuant to State law or regulation. 3. Fire sprinklers are not required for the ADU if not required for the primary residence, and the construction of an ADU may not trigger the requirement for fire sprinklers in an existing primary dwelling. (Ord. 1244, §5, adopted 2024; Ord. 1258, §2, adopted 2025)
§9056.3 SETBACKS ¶
The following yard setback requirements shall apply to ADUs:
A. Front Yard: The same as the existing primary residence, but no closer than five feet (5') for the construction of a new detached ADU greater than 800 square feet.
For construction of a detached ADU, the application of front yard setbacks do not apply to an ADU of eight hundred (800) square feet or less when associated with a Single-Family Dwelling unit.
For construction of a detached ADU, the application of front yard setbacks does not apply to construction of an ADU when associated with a Multiple-Family Dwelling.
B. Side Yard or Rear Yard: Four feet (4').
C. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
D. An ADU created within the existing space of an accessory structure can be expanded beyond the physical dimensions of the structure up to 150 square feet solely for the purpose of accommodating ingress and egress. The resulting ADU shall conform only to setbacks sufficient for fire and safety. (Ord. 1244, §5, adopted 2024; Ord. 1258, §2, adopted 2025)
§9056.4 PARKING ¶
Parking requirements for the ADU shall be one off-street space (independently accessible or tandem) in addition to the accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required.
Off-street parking shall be permitted in setback areas in compliance with the definition of “off-street parking” found in section 9278B of this code or through tandem parking.
Parking standards will not be imposed for an ADU in any of the following instances:
The ADU is located within one-half (1/2) mile of a public transit stop;
The ADU is located within an architecturally and historically significant district;
The ADU is part of the existing primary residence or an existing accessory structure;
When on-street parking permits are required but not offered to the occupant of the ADU;
When there is a car share vehicle located within one block of the ADU;
When an application for an ADU is submitted with an application to create a new single- family or multifamily dwelling on the same lot.
If a garage (attached or detached), carport, or uncovered or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those off-street parking spaces be replaced. 5. No parking shall be required for ADUs created pursuant to Government Code § 66323, including:
Converted ADUs in existing single-family homes or accessory structures;
New detached ADUs (≤ 800 square feet);
ADUs converted from non-livable space in multifamily buildings (up to 25% of units); 4. Detached ADUs on lots with multifamily structures. (Ord. 1244, §5, adopted 2024; Ord. 1258, §2, adopted 2025) §9056.5 LEGAL NONCONFORMING ACCESSORY STRUCTURES
ADUs converted from residential accessory structures determined to be legal nonconforming shall be subject to the following requirements:
| A. A legal nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure, shall not be subject to |
|---|
| setback requirements. |
| B. A legal nonconforming residential accessory structure that is converted to an ADU may be expanded up to one thousand two hundred (1,200) square feet if the expansion will comply with the height limit |
| and setbacks for new detached ADUs. |
| C. Expansion of floor area within a nonconforming setback is limited to one hundred fifty (150) square feet, if necessary, to accommodate associated utilities, ingress and egress. |
| D. Delay of Enforcement of Building Standards. |
| 1. The owner of an Accessory Dwelling Unit that was built before January 1, 2020, may submit an application to the Building Official requesting correction of any violation of building standards. For purposes |
| of this Section, “building standards” refers to those standards enforced by permitting agencies under the authority of Section 17960 of the California Health and Safety Code. |
| 2. The Building Official shall grant the application if determined that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Building Official |
| shall consult with the Fire Official. |
| 3. Any notice to correct a violation of a building standard that is issued to the owner of an Accessory Dwelling Unit built before January 1, 2020, shall include a statement that the owner has a right to request |
| a delay in enforcement of the building standard for an Accessory Dwelling Unit pursuant to this Section. |
| 4. The City shall not impose impact fees or connection or capacity charges for ADUs legalized under this Section. |
| (Ord. 1244, §5, adopted 2024; Ord. 1258, §2, adopted 2025) |
| §9056.6 HEIGHT |
| A. The maximum height for detached ADUs shall be twenty feet (20'). |
| B. ADUs attached to the primary structure can be constructed to a height of twenty-five feet (25') or the maximum height for the zoning district in which the unit is located. |
| C. ADUs may be taller than the primary residential structure. |
| D. ADUs above a garage (attached or detached) can be constructed to the maximum height for the zoning district in which the unit is located, or twenty-five feet (25'), whichever is greater. |
| E. Detached ADUs greater than twenty feet (20') in height may be approved through the granting of a minor site development permit. |
| (Ord. 1244, §5, adopted 2024; Ord. 1258, §2, adopted 2025) |
| §9056.7 DETERMINATION OF APPROPRIATENESS |
| Whenever an ADU is proposed that would involve uses or features that are not explicitly addressed by the design and development standards set forth in this code or State law, the Community Development |
| Director shall determine whether the proposal is appropriate and whether it should be reviewed on a ministerial or discretionary basis. In making this determination, the Community Development Director |
| shall find as follows: |
| A. The proposed ADU would not be incompatible with other existing or allowed uses in the zoning district or property for which it is proposed; and |
| B. The proposed ADU would not be detrimental to the continuing development of the area in which it would be located; and |
| C. The proposed ADU would be in harmony and consistent with the purpose of the zoning district; and |
| D. The proposed ADU can meet all safety requirements as determined by the City of Ukiah Building Inspection and Fire Prevention Division; and |
| E. In the case of determining that an ADU is allowed or permitted, the Community Development Director shall find that the proposed use is similar in nature and intensity to its contextual development and |
| the ADU allowances listed in this code or State law. (Ord. 1244, §5, adopted 2024) |
| Home Previous Next |
Home Previous Next CHAPTER 2 ZONING
ARTICLE 5.4. JUNIOR ACCESSORY DWELLING UNITS (JADUS)
SECTIONS:
§9057: Purpose And Intent
§9057.1: General Requirements
§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)
§9057.1 GENERAL REQUIREMENTS ¶
Junior accessory dwelling units (JADUs) shall be ministerially permitted in zoning districts that allow single-family dwelling units as permitted uses, in compliance with Government Code sections 66333 through 66339, the requirements of this section, and all other requirements of the applicable zoning district. The Department shall approve or deny an application to create a JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot. For the purposes of constructing a JADU, attached garages are part of a single-family dwelling.
A. Permit Requirements and Fees: Construction permits (including, but not limited to, a building, electrical, or mechanical permit) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements, or collection of impact fees.
B. Timing: A JADU may be established after or concurrently with the single-family residence.
- C. Development Standards:
- Number of Units: One JADU is allowed per lot, within a single-family residence.
| 2. Unit Size: The floor area of a JADU shall not exceed five hundred (500) square feet. If the bathroom is shared with the single-family residence, it shall not be included in the floor area. | 2. Unit Size: The floor area of a JADU shall not exceed five hundred (500) square feet. If the bathroom is shared with the single-family residence, it shall not be included in the floor area. |
|---|---|
| 3. Location: A JADU shall be created from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence. | |
| 4. Access: A separate, exterior entrance to the JADU shall be provided. | |
| 5. Bathroom: If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the | |
| structure, with an interior entry to the main living area. | |
| 6. Kitchen: A JADU shall include an efficiency kitchen. The efficiency kitchen must be removed when the JADU use ceases. | |
| 7. The owner of a Junior Accessory Dwelling Unit that was built before January 1, 2020, may submit an application to the Building Official requesting that correction of any violation of building standards be | |
| delayed for five years. For purposes of this Section, “building standards” refers to those standards enforced by permitting agencies under the authority of Section | 17960 of the California Health and Safety |
| Code. | |
| a. The Building Official shall grant the application if the Building Official determines that enforcement of the building standard is not necessary to protect health | and safety. In making this determination, the |
| Building Official shall consult with the Fire Marshal. | |
| b. Any notice to correct a violation of a building standard that is issued to the owner of a Junior Accessory Dwelling Unit built before January 1, 2020, shall include a statement that the owner has a right to | |
| request a delay in enforcement of the building standard for a Junior Accessory Dwelling Unit pursuant to this Section. | |
| c. The City shall not impose impact fees or connection or capacity charges for JADUs legalized under this Section. | |
| D. Use Restrictions: | |
| 1. JADUs may be rented but shall not be sold separate from the single-family residence. | |
| 2. JADUs may not be rented for periods of less than thirty (30) days. | |
| 3. The owner of the property must reside in either the single-family home or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or | |
| housing organization. | |
| 4. Deed Restriction: The property owner shall record a deed restriction that: | |
| a) Includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future | |
| purchasers; and |
b) Specifies that the deed restriction runs with the land and is enforceable against future property owners; and c) Restricts the size and attributes of the JADU to those established by this section and Government Code section 66333; and d) Makes the City of Ukiah a third-party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction. (Ord. 1244, §6, adopted 2024; Ord. 1258, §3, adopted 2025) Home Previous Next
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CHAPTER 2 ZONING
ARTICLE 5.5. REGULATIONS FOR DWELLING GROUPS
SECTIONS:
§9058: Purpose
§9058.1: Applicability
§9058.2: Permit Requirements
§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)
§9058.1 APPLICABILITY ¶
This section applies to dwelling groups where allowed or permitted.
A. Dwelling groups are considered a form of multifamily housing. Within the R2 (Medium Density Residential) and R3 (High Density Residential) zoning districts, dwelling groups are an allowed use if adhering to Chapter 2, Article 5.2 of this division (Objective Design And Development Standards For New Residential Construction).
B. Dwelling groups must meet the development criteria of the base zone.
C. Cottage dwelling groups are permitted in the R1 (Low Density Residential) zoning district. Cottage dwelling groups must meet the development criteria of the base zone, as well as the additional standards and exceptions outlined below.
Cottage dwelling groups may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a cottage dwelling group only if the single-family residence is included in the total floor area allowance below. 2. Occupancy: Dwelling groups may not be rented on a transient basis (periods less than thirty (30) days).
Siting Requirements: a. Airport Compatibility: The proposed site shall not be located on any parcel that features airport compatibility Zones 1 (Runway Protection Zone), 2 (Inner Approach/Departure Zone), 3 (Inner Turning Zone) or 5 (Sideline Zone).
b. Minimum Parcel Size: The minimum parcel size shall be nine thousand (9,000) square feet.
c. Setbacks: Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10').
d. Parking: One reserved space per unit, and one guest parking space for every three (3) units or portion thereof.
e. Accessory structures that serve on-site users and are subordinate in use and scale to the cottages (e.g., accessory storage, garages, etc.) are allowed subject to setback requirements for accessory structures. f. Design And Development Standards: Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions: (1) Density: On parcels that meet the minimum parcel size, the maximum density shall be one cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.
(2) Size: The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes are allowed by approval of a use permit.
g. Site Layout:
(1) Common Open Space: Common open space shall be one or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.
i. Cottages should generally be no more than twenty-five feet (25') from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area. ii. Orientation: Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged. (Ord. 1249, §5, adopted 2024)
§9058.2 PERMIT REQUIREMENTS ¶
All cottage housing developments are subject to a use permit within the R1 zoning district. A site development permit is required for any dwelling group in the R2 and R3 zoning districts that does not comply with the design and development standards as required by Chapter 2, Article 5.2 of this division. (Ord. 1249, §5, adopted 2024)
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Home Previous Next CHAPTER 2 ZONING ARTICLE 6. REGULATIONS IN NEIGHBORHOOD COMMERCIAL (C-N) DISTRICT S 1 SECTION:
§9060: Purpose And Intent §9061: Uses Allowed §9062: Uses Permitted With Securing Of A Use Permit §9063: Building Height Limits §9064: Building Site And Lot Area Requirements §9065: Front Setback Lines §9066: Yard Requirements §9067: Parking Requirements §9067.5: Lot Coverage §9068: Additional Requirements §9069: Determination Of Appropriate Use
§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)
§9067.5 LOT COVERAGE ¶
The maximum lot coverage shall be sixty percent (60%) of the gross size of the parcel(s). Relief from the lot coverage standard can be approved through the discretionary review process, based upon the size, scope, and intensity of the development proposal. (Ord. 1006, §1, adopted 1998; Ord. 1216, §4, adopted 2021)
§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:
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.
Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.
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.
- 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:
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.
Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.
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.
- 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:
Wholesale Stores: One parking space for each four hundred (400) square feet of gross leasable space.
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.
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.
Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area.
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:
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.
- 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)
§9135.5 DEFINITIONS ¶
For the purpose of this article, the phrases and terms herein shall have the following meanings:
AVERAGE PARCEL SLOPE: Average slope shall be determined by the formula:
| S | = | I x L x .00229 | ||
|---|---|---|---|---|
| A | ||||
| In which: | S | = | Average slope | |
| I | = | Contour interval in feet | ||
| L | = | Combined length in feet of all contours on the parcel |
||
| A | = | Parcel in acres |
DEFENSIBLE SPACE: As defined by the state of California department of forestry and fire protection.
GRADING: Excavation or fill of material, including the conditions resulting therefrom.
NATURAL GRADE: The natural contour of the land as it existed prior to human disturbance, such as grading, filling, or excavation; or where the natural grade has been modified, the grade existing on the effective date of the first hillside ordinance.
NATURAL STATE: Land in natural or undisturbed or unaltered state, including maintenance of natural grades, drainage patterns, rock outcroppings, and native trees and vegetation, excluding vegetation modification required by the state of California department of forestry and fire protection for defensible space unless the native vegetation in these areas is maintained and the vegetation planted is native or in the case of the area defined as defensible space by the state of California department of forestry and fire protection planted consistent with landscaping standards for defensible space. The intent is to retain the maximum amount of native vegetation and landscaping feasible while meeting fire protection requirements. (Ord. 1125, §1, adopted 2010)
§9135.6 MAINTENANCE ¶
Maintenance is allowed on developed and undeveloped parcels that includes, but is not limited to, the following:
A. Maintenance of fire breaks when the natural grade is maintained;
B. Maintenance of fire access/roads when the natural grade is maintained;
C. Cutting/removal of weeds, grasses, and shrubs;
D. Pruning/removal of nonnative trees; and/or
E. Pruning/trimming of native trees.
The above types of maintenance may exceed the minimum amount of defensible space required by the state of California department of forestry and fire protection. (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:
- Lot Size: Lot size, retention of land in natural state based upon average parcel slope.
| Development Standards | 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.
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%).
Disclosure: Property purchase/sale transaction shall include full disclosure of fact that property is within fire hazard area.
Building Material: No combustible roof material as determined by the fire marshal and the building official shall be used on buildings in this zone.
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.
- 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.
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.
Recommendations included in the report and approved by the engineer shall be incorporated into the design plan or specifications.
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:
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.
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.
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.
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.
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:
Single Family Residential: Rear 25 feet, side 12 feet;
Multifamily: Rear 30 feet, side 15 feet;
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:
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.
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’).
- 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 | 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:
The property is located in the downtown master plan area as depicted in figure VI.2-KK of the Ukiah general plan.
The property is within easy walking distance to routine destinations such as a grocery store, medical offices, retail shopping, restaurants, etc.
The property is situated along a transit route or within easy walking distance to a transit stop.
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:
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’).
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:
All the information required for a concept development plan.
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.
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.
The location and design of all required trash and recycling facilities.
A clear depiction of all easements on the property.
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.
- 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. |
- 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)
§9170.1 ALLOWED USES ¶
The following uses are allowed in the Public Facilities (PF) Zoning District, pursuant to the development and operational standards of Article 20 if applicable:
Airports and aviation-related functions and uses.
Animal raising – Personal.
Beekeeping and apiaries.
Civic centers and similar sites and uses.
Community gardens.
Conservation and natural resource conservation areas.
Fairgrounds.
Historical sites and monuments. Live entertainment. Parks and recreation areas and facilities. Public gardens. Public schools. Public utility facilities and uses. Specialty food and beverage sales with tastings.
Uses and structures which are incidental or accessory to allowed uses. (Ord. 1009, §1, adopted 1998; Ord. 1257, §11, adopted 2025)
§9170.2 PERMITTED USES ¶
The following uses are permitted in the Public Facilities (PF) Zoning District subject to first securing 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. Community concerts, farmers markets, craft bazaars, and flea markets.
Corporation yards.
Establishment, maintenance, operation and removal of circuses, carnivals, amusement parks, open-air theaters, or other similar temporary establishments involving large assemblages of people. Light manufacturing and industrial uses.
Minor food services unrelated to the primary use.
Public cemeteries and similar uses.
Public transportation facilities.
Quasi-public land uses.
Refuse disposal/recycling areas, and refuse transfer stations and similar uses.
Storage facilities and bulk fuel storage.
Uses and structures which are incidental or accessory to permitted uses. (Ord. 1009, §1, adopted 1998; Ord. 1186, §4, adopted 2018; Ord. 1226, §6, adopted 2022; Ord. 1257, §11, adopted 2025)
§9170.3 BUILDING HEIGHT LIMITS ¶
The maximum height limits for buildings in a Public Facilities (PF) Zoning District are as follows:
A. Airport Buildings: The height limit for buildings on the City airport grounds varies depending upon exact location. The maximum height shall be pursuant to the provisions of Division 3, Chapter 9, Article 2 of this Code.
B. City Park Buildings: Thirty feet (30’).
C. City Utility Facilities And Public Safety Structures: Forty feet (40’), except for electrical transmission towers, which are not limited in height.
D. School Buildings: Thirty feet (30’).
E. Fairground Buildings: Thirty feet (30’). (Ord. 1009, §1, adopted 1998)
§9170.4 REQUIRED SITE AREA ¶
There is no required site area for the Public Facilities (PF) Zoning District. (Ord. 1009, §1, adopted 1998)
§9170.5 REQUIRED YARD SETBACKS ¶
While no specific yard setbacks are established for the PF Zoning District, it is intended that the yard setbacks shall be equal to or greater than those for adjacent districts. The exact yard setbacks for development projects in the PF Zoning District shall be established and set forth as conditions of approval in the discretionary review process. (Ord. 1009, §1, adopted 1998)
§9170.6 REQUIRED PARKING ¶
The minimum parking area required in the Public Facilities (PF) Zoning District shall be as follows:
A. Public Utility Facilities: One parking space for each employee on duty at any one time, and one space for each vehicle used in connection with the facility with a minimum of three (3) spaces. One additional space for every two hundred fifty (250) square feet of office space. B. Elementary And Junior High Schools: Three (3) spaces for each classroom. A minimum of one designated bus zone for loading and unloading students. One space per office, and a minimum of three (3) on-site designated drop-off/pick-up spaces. C. Senior High School: One space for each member of the faculty and each employee, plus one space for each six (6) students. A minimum of three (3) on-site designated drop-off/pick-up spaces. D. Airport: The number of required parking spaces at the airport shall depend on the individually proposed uses. The number of spaces shall be determined by the provisions contained in Article 17 of this Chapter. E. Stadiums And Ball Fields: The number of spaces shall be equal in number to thirty three percent (33%) of the capacity of the facility.
F. Golf Driving Range: One parking space per tee, plus the spaces required for additional uses on the site. G. Golf Course: Six (6) spaces per hole, plus the spaces required for accessory uses on the site. H. Miniature Golf Course: Three (3) spaces per hole, plus the spaces required for accessory uses on the site.
I. Commercial Swimming Pool: One space for each one hundred (100) square feet of water surface.
J. Tennis Courts: Three (3) spaces for each court, plus the spaces required for accessory uses on the site.
K. Other Uses: All other uses are subject to the provisions contained in Article 17 of this Chapter. (Ord. 1009, §1, adopted 1998)
§9170.7 ADDITIONAL REQUIREMENTS ¶
The following additional requirements are applicable in the Public Facilities (PF) Zoning District:
A. Existing development 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 nonconforming provisions contained in this Chapter. B. A site development permit shall be required for development projects in the Public Facilities (PF) Zoning District, pursuant to the requirements of subsection 9261B of this Chapter. C. All development projects in the PF Zoning District requiring 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.
D. Landscaping plans submitted for projects on the Ukiah Municipal Airport property shall not include trees, except in areas deemed acceptable in the airport master plan. Landscaping plans submitted for public utility projects shall only include trees if they will not conflict with utility operations.
E. All proposed landscaping plans, except as noted in subsection D of this Section shall comply with the following standards:
Landscaping shall be proportional to the building elevations.
Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged.
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.
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.
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.
Parking lots shall have a perimeter planting strip with both trees and shrubs.
Parking lots with twelve (12) or more parking stalls 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.
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.
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, such coverage would be unreasonable. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings.
Landscaping plans shall include an automatic irrigation system, signs, lighting plan, and any other design amenities.
All required landscaping for public facility development projects shall be adequately maintained in a viable condition.
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. (Ord. 1009, §1, adopted 1998; Ord. 1168, §3, adopted 2016)
§9170.8 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 PF 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 PF 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 Public Facilities (PF) 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. 1009, §1, adopted 1998)
1
Ord. 793, §2, adopted 1982; rep. by Ord. 1009, §1, adopted 1998.
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ARTICLE 15.5. HOMELESS FACILITIE S 1
SECTION:
§9171 Use Permit Required
§9172 Use Permit Approval Guidelines
§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)
§9174.1 APPLICABILITY ¶
The land uses and activities included in this article shall comply with the provisions of the section applicable to the specific land use, in addition to all other applicable provisions of this article and the Ukiah City Code. A. Where Allowed: The uses that are subject to the standards in sections 9174.2 through 9174.9 of this code shall only be located in the zoning districts indicated in Chapter 2, Articles 3 through 15 of this division, or as otherwise indicated in this chapter. B. Development Standards: The standards for specific land uses included in this article are required and supplement those included in the Ukiah City Code. In the event of any conflict between the requirements of this article and those included elsewhere in the City Code, the requirements of this article shall control. (Ord. 1190, §3, adopted 2018; Ord. 1226, §7, adopted 2022; Ord. 1253, §5, adopted 2025)
§9174.2 CANNABIS-RELATED BUSINESSES ¶
A. Cannabis-Related Business Use Permit Application Requirements: 1. Submission: A complete use permit application submittal packet shall be submitted in accordance with section 9262 of this code, including a detailed written statement as to how the proposed cannabisrelated business complies with this section, and any other information or submissions required by this code. All applications for use permits for cannabis-related businesses shall be filed with the Community Development Department, using forms provided by the City, and accompanied by the applicable filing fee and any other applicable fees or charges. It is the responsibility of the applicant to provide information required for approval of the permit. The application shall be made under penalty of perjury. 2. Effect Of Other Permits Or Licenses: The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a use permit. 3. Submittal Requirements: Any application for a use permit for a cannabis-related business shall include the following information, unless the information is inapplicable for applicant’s business type: a. Applicant(s) Name: The full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), present address, and telephone number of the applicant; b. Applicant(s) Mailing Address: The address to which notice of action on the application is to be mailed; c. Verification Of Age: Written proof that the applicant is at least twenty-one (21) years of age; d. Physical Description: Applicant’s height, weight, color of eyes and hair; e. Photographs: Passport quality photographs for identification purposes; f. Tax History: The cannabis-related business tax history of the applicant, including whether such person, in previously operating in this or another city, county or state under license, has had a business license revoked or suspended, the reason therefor, and the business or activity or occupation in which the applicant engaged subsequent to such action of suspension or revocation; g. Management Information: The name or names and addresses of the person or persons having the management or supervision of applicant’s business; h. Criminal Background: A completed background investigation verifying whether the applicant or any owner, as defined in Business and Professions Code section 26001(ap), as may be amended from time to time, of applicant’s business have been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefor; i. Employee Information: Number of employees, volunteers, and other persons who will work at the cannabis-related business; j. Plan Of Operations: A plan of operations describing how the cannabis-related business will operate consistent with the intent of State law, including obtaining all applicable State licenses, and the provisions of this section, including but not limited to ensuring that the cannabis-related business will not engage in cannabis-related commercial activities that violate California law or this chapter; k. Written Response To Cannabis-Related Business Standards: The applicant shall provide a comprehensive written response identifying how the cannabis-related business plan complies with each of the standards for review in this chapter, specifically the limitation on location and operating requirements in this article; l. Security Plan: A detailed security plan and diagram outlining the proposed security arrangements for ensuring the safety of persons and to protect the premises from theft. The plan shall include installation of security cameras, a premises and panic alarm system monitored by a licensed operator, and a security assessment of the site conducted by a qualified professional; m. Floor Plan: A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the cannabis-related business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6"); n. Site Plan: A sketch or diagram showing exterior configuration of the premises, including the outline of all existing and proposed structures, parking and landscape areas, and property boundaries. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six inches (6"); o. Accessibility Evaluation: A written evaluation of accessibility to and within the building, and identification of any planned accessibility improvements; p. Neighborhood Context Map: An accurate straight-line drawing depicting the building and the portion thereof to be occupied by the cannabis-related business, and: (1) the property lines of any school within six hundred feet (600') of the property line of the business for which a permit is requested, (2) the property lines of any cannabis-related business within two hundred fifty feet (250') of the primary entrance of the business for which a permit is requested, and (3) the property lines of any youth-oriented facility or residential zone or use within two hundred fifty feet (250') of the primary entrance of the business;
of the property line of the business for which a permit is requested, (2) the property lines of any cannabis-related business within two hundred fifty feet (250') of the primary entrance of the business for which a permit is requested, and (3) the property lines of any youth-oriented facility or residential zone or use within two hundred fifty feet (250') of the primary entrance of the business;
q. Lighting Plan: A lighting plan showing existing and proposed exterior premises and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use and comply with all City standards regarding lighting design and installation. All lighting shall be fully hooded and downcast, and shall not shine towards the night sky, adjacent property or any street;
r. City Authorization: Written authorization for the City, its agents and employees to seek verification of the information contained within the application;
s. Statement Of Owner’s Consent: A statement in writing by the owner that he or she certifies under penalty of perjury that the applicant has the consent of the owner and landlord to operate a cannabisrelated business at the location;
t. Applicant’s Certification: A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct;
u. Other Information: Such other information as deemed necessary by the Community Development Department to demonstrate compliance with this section including all City and State codes, including operating requirements established in this section. 4. Effect Of Incomplete Filing: Upon notification that an application submittal is incomplete, the applicant shall submit any additional documents or information required to complete the application within thirty (30) days of the date the applicant is notified in writing by the Planning Community Development Department that the application is incomplete. If the applicant fails to complete the application within said thirty (30) days, the application shall be deemed withdrawn and a new application submittal that complies with this section shall be required in order to proceed with the application.
n thirty (30) days of the date the applicant is notified in writing by the Planning Community Development Department that the application is incomplete. If the applicant fails to complete the application within said thirty (30) days, the application shall be deemed withdrawn and a new application submittal that complies with this section shall be required in order to proceed with the application.
B. Operating Requirements For Cannabis-Related Businesses: Cannabis-related business operations shall be established and managed only in compliance with the following standards: 1. Criminal History: Any applicant and any additional owner of the business, as defined in Business and Professions Code section 26001(ap) and as may be amended, shall not have been convicted of any of the felony offenses enumerated in Business and Professions Code section 26057(b)(4), or of a felony or misdemeanor involving moral turpitude, or on probation for a drug offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee. Notwithstanding the above, an application shall not be denied solely on the basis that the applicant or any owner has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar Federal statute or State law where the expungement was granted. In addition, notwithstanding the above, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis or cannabinoid preparations, is not considered related to the qualifications, functions, or duties of a permittee, and shall not be the sole ground for denial of an application.
- Minors:
a. It is unlawful for any permittee, operator, or other person in charge of any cannabis-related business to employ any person who is not at least twenty-one (21) years of age.
b. The burden of proof is on the cannabis-related business personnel to establish compliance with this subsection B2 by clear and convincing evidence.
Inventory And Tracking: Cannabis-related businesses shall at all times operate in a manner to prevent diversion of cannabis and shall promptly comply with any track and trace program established by the State. 4. Multiple Permits Per Site: Multiple cannabis-related businesses proposed on any one site or parcel shall be granted permit approval only if all of the proposed cannabis businesses and their co-location are authorized by both City and State law. Operators of cannabis-related businesses issued use permits for multiple business types or State license types at the same physical address shall maintain clear separation between license types unless otherwise authorized by this code and State law.
Operating Plans: An operating plan for a cannabis-related business must contain the following unless not applicable due to the location or nature of the business:
a. Storage: A cannabis-related business shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of cannabis and cannabis products.
b. Odors Control: The cannabis-related business shall have an air treatment system that prevents odors generated from any storage and cultivation of cannabis on the business property from being detected by any reasonable person of normal sensitivity outside the cannabis-related business premises. To achieve this, both the storage and cultivation areas shall be, at minimum, mechanically ventilated with a carbon filter or superior method. This requirement shall not apply to Outdoor Commercial Cultivation of Cannabis, as odor control will be achieved through location restrictions. c. Security Plans: A cannabis-related business shall provide adequate security on the premises, as approved by the Chief of Police, including lighting and a premises and panic alarm system monitored by a licensed operator, to ensure the safety of persons and to protect the premises from theft. d. Security Cameras: Security surveillance cameras shall be installed to monitor the main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. The security surveillance system shall comply with current State standards for digital video surveillance systems to be installed on the premises of licensed cannabis businesses, currently codified in the California Code of Regulations, title 16, section 5044, and as may be amended. e. Security Video Retention: Security video shall be maintained for ninety (90) days. In the event of a crime on site or anywhere within range of the cannabis-related business’s security cameras, the cannabisrelated business shall provide the Chief of Police or his or her designee with a useable digital copy of the security video upon request or at the earliest convenience. f. Alarm System: Professionally monitored premises and panic alarm system shall be installed and maintained in good working condition. g. Emergency Access: Security measures shall be designed to ensure emergency access in compliance the California Fire Code and Ukiah Valley Fire Authority standards.
nee with a useable digital copy of the security video upon request or at the earliest convenience. f. Alarm System: Professionally monitored premises and panic alarm system shall be installed and maintained in good working condition. g. Emergency Access: Security measures shall be designed to ensure emergency access in compliance the California Fire Code and Ukiah Valley Fire Authority standards.
- h. Emergency Contact: A cannabis-related business shall provide the Chief of Police with the name, email address, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the business. The business shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the City. 6. Employee Records: Each owner or operator of a cannabis-related business shall maintain a current register of the names of all volunteers and employees currently working at or employed by the cannabisrelated business, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this article. 7. Compliance With Other Requirements: The operator shall comply with all applicable provisions of local, State or Federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. 8. Confidentiality: The information provided for purposes of this section regarding the cannabis business security plans, security site plan, and background checks shall be maintained by the City as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction or otherwise compelled by court order or the California Public Records Act. 9. Display Of Permit: Every cannabis-related business shall display at all times during business hours the use permit issued pursuant to the provisions of this chapter for such business in a conspicuous place so that the same may be readily seen by all persons entering the business. 10. Inspections: During normal business hours, cannabis-related businesses permitted under this chapter shall provide access for administrative inspections by City officials or officers or consultants hired by the City to verify compliance with this article. Any cannabis-related business’s refusal to comply with this section shall be deemed a violation of this article. 11. Notification Of Theft, Loss, And Criminal Activity: Cannabis-related businesses shall comply with the California Code of Regulations title 16, section 5036, or as may be amended, by notifying the applicable State authorities and the Ukiah Police Department within twenty-four (24) hours of discovery of any of the following situations: a. A significant discrepancy in the business’s inventory.
b. The operator becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity pertaining to the operations of the business.
c. The operator becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity by an agent or employee of the business pertaining to the operations of the business. d. The operator becomes aware of or has reason to suspect the loss or unauthorized alteration of records related to cannabis goods, customers or clients, or the business’s employees or agents. e. The operator becomes aware of or has reason to suspect any other breach of security. The notification shall be in writing and include the date and time of occurrence of the theft, loss, or criminal activity and a description of the incident including, where applicable, the item(s) that were taken or lost. C. Review And Revocation: Use permits issued for cannabis-related businesses shall be subject to review after the first year of operation according to the procedures set forth in subsection D of this section, and shall be subject to revocation according to the procedures set forth in subsection E of this section.
D. Review Of Use Permits For Cannabis-Related Businesses:
Use permits for cannabis-related business will be subject to review after the first year of operation by the Zoning Administrator, including inspection of the business by the Zoning Administrator or his designee, to determine whether the business is being operated in accordance with any conditions of approval imposed on the use permit as issued by the Planning Commission or Zoning Administrator. The City Council may, from time to time by resolution in accordance with the procedures required by law, establish fees to be charged and collected for annual review pursuant to this subsection.
In the course of review and after inspection, the Zoning Administrator shall make findings of fact regarding the cannabis-related business operator’s adherence to the conditions of approval for the use permit. In addition, the Zoning Administrator will consider the following nonexclusive criteria in making findings of fact which may be grounds for revocation of a use permit for a cannabis-related business:
a. Whether the cannabis-related business operated pursuant to the use permit has generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the cannabis-related business.
b. Whether there have been excessive secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illegal drug activity, cannabis use in public, harassment of passersby, littering, loitering, illegal parking, loud noises, odors, or lewd conduct.
c. Whether the cannabis-related business operating pursuant to a use permit has a history of inadequate safeguards or procedures that show it is likely that it will not comply with any operating requirements and standards required in the conditions of approval.
d. Whether the cannabis-related business has failed to pay fees, penalties, or taxes required by the conditions of approval of the use permit or by this code or State law, or has failed to comply with any requirements for the production of records or other reporting requirements of this code.
e. Whether the applicant or any owner of the cannabis-related business, as defined in Business and Professions Code section 26001(ap), as may be amended from time to time, has been convicted of a felony, or has engaged in misconduct that is substantially related to the qualifications, functions or duties of an operator of a cannabis-related business. A "conviction" within the meaning of this chapter means a plea or verdict of guilty, or a conviction following a plea of nolo contendere. Notwithstanding the above, an application shall not be denied solely on the basis that the applicant or any owner has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar Federal statute or State law where the expungement was granted.
f. Whether the operator or managers of the cannabis-related business have previously or are currently engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
g. Whether the cannabis-related business has been operated in compliance with applicable State law and provisions of this code generally.
- If the Zoning Administrator determines that the cannabis-related business is being operated in violation of any conditions of approval imposed on the use permit as issued by the Planning Commission or the Zoning Administrator, the use permit may be subject to revocation.
E. Revocation Of Use Permits For Cannabis-Related Businesses:
In addition to the reasons for revocation of an approved use permit set forth in subsection 9262H2 of this code and subsection D2 of this section, an approved use permit for a cannabis-related business may be revoked through the City’s revocation process, as set forth in subsection 9262H2 of this code, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator, if the cannabis-related business is operated in a manner that violates the conditions of approval imposed by the use permit or the provisions of this code, or conflicts with State law. At the public hearing to be conducted by the Zoning Administrator as set forth in subsection 9262H2 of this code, the Zoning Administrator shall make findings regarding the alleged specific violations of this code or State law.
An appeal of the Zoning Administrator’s decision on revocation of a use permit for a cannabis-related business may be made to the Planning Commission for a final decision. Any such appeal must comply with the requirements of section 9266 of this code, except that all references therein to the City Council shall be deemed to refer to the Planning Commission.
When a final decision revoking a use permit for a cannabis-related business is made as provided in this section, the permittee shall become ineligible for a period of three (3) years thereafter to apply for a use permit for a cannabis-related business. The ineligibility shall include any corporation or other business entity, including, but not limited to, a partnership or limited liability company, in which the permittee has any direct or indirect beneficial, financial or ownership interest.
F. Limitations On Locations Of Cannabis-Related Businesses:
- All cannabis-related businesses, as defined in section 9278 of this code, operating subject to use permits under this chapter will operate indoors in a fully enclosed secure structure, as defined in section 9254 of this code, except as set forth in subsection 9174.3(c)(5) of this code regulating cannabis consumption areas, and in section 9174.4 of this code regulating outdoor commercial cannabis cultivation in the A-E District and districts with -A Overlay, and shall not be allowed in the following areas, except as otherwise set forth in this code: a. Within six hundred feet (600') of a school, as defined in section 5702P of this code, with that distance measured as the horizontal distance in a straight line from the property line of the school to the closest property line of the lot on which the cannabis-related business is to be located without regard to intervening structures, pursuant to California Health and Safety Code section 11362.768; or b. Within two hundred fifty feet (250') of a youth-oriented facility other than a school, as defined in section 5702R of this code, with that distance measured by street frontage from the property line of the youth-oriented facility to the closest property line of the lot on which the cannabis-related business is to be located, and not radial distance; or
c. Abutting, on any side of the parcel upon which the cannabis-related business is located, a parcel occupied by a youth-oriented facility or a school; or
d. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation; or
e. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned property, unless there are intervening nonresidential uses between the cannabis-related business and the residential unit or the residentially zoned property that the decision-making entity charged with hearing and making the decision on the use permit application or the appeal of that decision determines sufficient to provide an appropriate separation.
A cannabis retailer, as defined in section 9278 of this code, shall not be allowed within two hundred fifty feet (250’) of another cannabis retailer, with that distance measured by street frontage from the property line of the other cannabis retailer to the closest property line of the lot on which the cannabis retailer is to be located, and not radial distance.
A waiver of the provisions in subsections F1a through F1e and F2 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Zoning Administrator or the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the cannabis-related business. 4. A cannabis cultivation business located in the A-E District or with an A- Overlay will not be subject to the location limitations set forth in subsections F1a through F1e of this section. (Ord. 1190, §3, adopted 2018; Ord. 1226, §7, adopted 2022; Ord. 1230, §1, adopted 2023; Ord. 1253, §5, adopted 2025)
§9174.3 CANNABIS RETAILERS ¶
A. Applicability: The standards and requirements in this section apply specifically to cannabis retailers, as defined in section 9278 of this code, and other cannabis businesses with a retail component, and shall apply in addition to the requirements and standards for all cannabis businesses set forth in section 9174.2 of this code and elsewhere in this code. In the event of any conflict between the requirements of this section and those included elsewhere in the City Code, the requirements of this section shall control.
B. Definitions: For the purposes of this chapter, the following words and phrases shall have the following meaning:
"Adult use" means a person the age of twenty-one (21) or over with a valid State ID, who is qualified to purchase cannabis from an established cannabis business.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.
"Identification card" shall have the same definition as in California Health and Safety Code section 11362.7, and as it may be amended.
"Medical cannabis" or "medicinal cannabis" means cannabis that is intended to be used for medical cannabis purposes in accordance with State law.
"On site" means an activity or accessory use that is related to the primary use – i.e., lawful, retail distribution of cannabis – and is located on the same legal parcel as the primary use. 6. "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. 7. "Qualified patient" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.
C. Operating Requirements:
Minors: Persons under the age of eighteen (18) shall not be allowed on the premises of a cannabis retailer unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the cannabis retailer in question dispenses cannabis for medical use. Adult use cannabis retailers shall only allow on the premises a person who is twenty-one (21) years of age or older and who possesses a valid government-issued photo identification card.
Cannabis Retailer Access:
a. The entrance into the cannabis retailer building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance.
b. Cannabis retailer personnel shall monitor site activity, control loitering and site access.
c. Only cannabis retailer staff, persons the age of twenty-one (21) and over, qualified patients over the age of eighteen (18) who are purchasing medical cannabis, and persons with bona fide purposes for visiting the site shall be allowed on the premises.
d. Only a primary caregiver and qualified patient or persons the age of twenty-one (21) and over shall be in the designated dispensing area with personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby.
e. Restrooms shall remain locked and under the control of management.
- Operations:
a. The cannabis retailer may sell cannabis or cannabis products to an individual only in an amount consistent with personal possession and use limits allowed by the State.
b. A cannabis retailer shall not have a physician on site to evaluate patients and provide a recommendation for medical cannabis.
Hours Of Operation: Hours of operation are limited to nine o’clock (9:00) A.M. to nine o’clock (9:00) P.M., seven (7) days a week.
Consumption Restrictions: a. Except as set forth in subsections C5b and C5c of this section, cannabis shall not be consumed on the premises of the cannabis retailer, nor within any accessory structures, parking areas, or other surroundings within two hundred feet (200') of the cannabis retailer’s entrance. b. Cannabis may be consumed in a designated cannabis consumption area on the premises of a cannabis retailer upon approval of a use permit or modification of an existing use permit. The smoking of cannabis may be permitted in a designated cannabis consumption area as may be allowable under State law and subject to the terms of the use permit. A cannabis retailer’s operation and use of a cannabis consumption area shall otherwise comply with the provisions of Division 5, Chapter 7 of this code, entitled "No Smoking." Cannabis consumption areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing use permit is modified to reflect the creation of a cannabis consumption area, that use permit shall be subject to renewal one year after the cannabis consumption area has become operational.
of Division 5, Chapter 7 of this code, entitled "No Smoking." Cannabis consumption areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing use permit is modified to reflect the creation of a cannabis consumption area, that use permit shall be subject to renewal one year after the cannabis consumption area has become operational.
| c. A retailer with a cannabis consumption area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and State laws. |
|---|
| d. Cannabis consumption areas shall be located in well-ventilated, private areas partitioned from access to all other areas of the premises, as well as from adjacent properties. Any cannabis consumption areas |
| which allow smoking and vaping of cannabis products shall be designed to prevent the flow of smoke to any other area of the premises or adjacent property. |
| e. Cannabis retailer operations shall not result in illegal redistribution of cannabis obtained from the cannabis retailer, or use in any manner that violates local, State or City codes. |
| f. No person may consume cannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City-owned parks and/or City-sponsored events where designated as |
| nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this code and as amended, enclosed places and places of employment |
| as defined in sections 4503 and 4505 of this code and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of |
| the general public, except while actively passing through on the way to another destination. Nothing in this section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air |
| Act of 1976,Health and Safety Code section 118875 et seq. and as amended. |
| 6. Retail Sales and Cultivation: |
| a. No cannabis shall be cultivated on the premises of the cannabis retailer, except in compliance with this section and with sections 6093 and 9254 of this code and applicable State laws and regulations. |
| b. Cannabis retailers may keep on the premises immature nursery stock cannabis plants, or clones, that are not intended to be raised to maturity by the cannabis retailer but instead sold to adult use patrons |
| or qualified patients. |
| c. Up to one hundred fifty (150) square feet of the total square footage of the cannabis retailer may be utilized for display and sales of devices necessary for administering cannabis, including but not limited to |
| rolling papers and related materials and devices, pipes, water pipes, and vaporizers. |
| d. Retail sales of cannabis that violate California law or this code are expressly prohibited. |
| 7. Floor Plan: Cannabis retailers or other cannabis businesses with a retail component shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for |
| dispensing cannabis to qualified patients or designated caregivers or to eligible adult use patrons. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions |
| so that it is clearly visible from public streets, sidewalks or site driveways. |
| D. Site Management: |
| 1. The operator of the establishment shall take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the |
| premises and adjacent properties during business hours if directly related to the patrons of the subject dispensary. |
| a. "Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in |
| making the request. |
| b. "Nuisance" includes, but is not limited to, disturbances of peace, open public consumption of cannabis or alcohol, excessive pedestrian or vehicular traffic, illegal drug activity, harassment of passersby, |
| excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or excessive police detentions and arrests. |
| 2. The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours. |
| E. Alcoholic Beverages: No cannabis retailer shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises |
| that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. |
| F. Delivery: A cannabis retailer located in the City may deliver cannabis to qualified patients and caregivers and to persons eligible for adult-use at their residence in the City or to the same class of persons |
| outside the City’s jurisdiction. Such permissible delivery of cannabis to qualified patients or adults at least twenty-one (21) years of age within the City limits shall be limited to delivery by lawfully operated, |
| permitted retailers. All other cannabis delivery is a prohibited activity in the City, except where the City is preempted by Federal or State law from enacting a prohibition on such activity. (Ord. 1226, §8, |
| adopted 2022; Ord. 1230, §2, adopted 2023; Ord. 1253, §5, adopted 2025) |
| §9174.4 COMMERCIAL CANNABIS CULTIVATION |
| A. Applicability: The standards and requirements in this section apply specifically to commercial cultivation of cannabis as defined in section 9278 of this code, and shall apply in addition to the applicable |
| requirements and standards for all cannabis businesses set forth in section 9174.2 of this code and elsewhere in this code. In the event of any conflict between the requirements of this section and those |
| included elsewhere in the City Code, the requirements of this section shall control. |
| B. Development Criteria: |
| c. A retailer with a cannabis consumption area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and State laws. |
|---|
| 1. Location Of Commercial Cannabis Cultivation: All commercial cannabis cultivation businesses shall comply with the limitations on location for cannabis-related businesses set forth in subsection 9174.2F |
| of this code, except that businesses located in the A-E District and in a district combined with A- Overlay shall be exempted from these location limitations. |
| 2. Setbacks: Commercial cannabis cultivation areas shall be set back a minimum of fifty feet (50') from all lot lines and shall comply with the setback requirements set forth the State Water Resources Control |
| Board’s comprehensive Cannabis Cultivation General Order. |
| C. Operating Requirements: |
| 1. Cannabis Waste Discharge Requirements General Order: A commercial cannabis cultivation business shall demonstrate compliance with the State Water Resources Control Board’s comprehensive |
| Cannabis Cultivation Policy which includes principles and guidelines for cannabis cultivation, including regulations on the use of pesticides, rodenticides, herbicides, insecticides, fungicides, disinfectants, |
| and fertilizers, within the State. |
| 2. Odor Control: A structure for indoor or mixed-light cultivation must be equipped with a filtration and ventilation system to control odors, humidity, and mold; provided, that structures containing only |
| packaged cannabis products may be excluded from this requirement. |
| 3. Lighting: All lighting is to be fully shielded and downward casting so that it does not spill over onto neighboring properties. For operations cultivating within structures, all light is to be fully contained to |
| minimize light trespass that is visible from neighboring parcels. A photometric and supplemental lighting plan shall be provided as a component of the application. |
| 4. Accessory Uses: Cannabis cultivation may include accessory uses on the same parcel that directly support the on-site cannabis cultivation, such as: propagation, research and development, processing, |
| drying, packaging and labeling, distribution, and other similar support uses as determined by the Zoning Administrator. |
- Limitations On Cannabis Harvesting Activities: In order to minimize cannabis odors, the drying, curing, and/or trimming of harvested cannabis shall either (a) be located within an enclosed structure which utilizes best available control technology, or (b) include techniques and/or equipment (e.g., the use of freeze drying techniques/equipment and immediate packaging of harvested cannabis in the field) that shall achieve an equivalent or greater level of odor control as could be achieved using an enclosed structure which utilizes best available control technology, or (c) be located at a sufficient distance from neighboring residential structures so as to avoid odor intrusion as a public nuisance as described in subsection 9254B4 of this code.
ediate packaging of harvested cannabis in the field) that shall achieve an equivalent or greater level of odor control as could be achieved using an enclosed structure which utilizes best available control technology, or (c) be located at a sufficient distance from neighboring residential structures so as to avoid odor intrusion as a public nuisance as described in subsection 9254B4 of this code.
- Generators: Generator use for cannabis cultivation must comply with the requirements set forth in California Code of Regulations, title 4, section 16306, as may be amended from time to time. (Ord. 1190, §3, adopted 2018; Ord. 1253, §5, adopted 2025)
§9174.5 RESERVED ¶
(Ord. 1190, §3, adopted 2018) §9174.6 RESERVED (Ord. 1190, §3, adopted 2018) §9174.7 RESERVED (Ord. 1190, §3, adopted 2018) §9174.8 RESERVED (Ord. 1190, §3, adopted 2018) §9174.9 RESERVED
(Ord. 1190, §3, adopted 2018) Home Previous Next
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CHAPTER 2 ZONING
ARTICLE 16. GENERAL PROVISIONS AND EXCEPTIONS
SECTION:
§9175: General Provisions And Exceptions §9176: Certain Uses Permitted §9177: Mobile Homes §9178: Height Limits; Fence Height Limits Set Forth In This Section For The Districts Mentioned Herein §9179: Yards §9180: Maintenance Of Improvements §9181: Street Improvements With Development Of Property §9182: Animals Within The City (Repealed) §9183: Issued To Emergency Shelters §9184: Outdoor Sales Establishments (Repealed) §9185: Area For Collecting And Loading Of Recyclable Materials §9186: Reasonable Housing Accommodation For Disability
§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:
Established five hundred feet (500’) from any residential use; and
Five hundred feet (500’) from any church, school, park or playground; and
No closer than one thousand feet (1,000’) of another such establishment;
Windows and doors screened so that the interior of the establishment may not be seen;
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.
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.
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.
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.
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:
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.
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.
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:
The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein;
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;
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;
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;
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;
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:
Whether the housing that is the subject of the request will be used by an individual with a disability as defined under the acts.
Whether the request for is necessary to make specific housing available to an individual with a disability as defined under the acts.
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.
Whether the request would pose impacts to surrounding uses.
Whether the request is based on the attributes of the property and structures.
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) Previous Next |
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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:
- 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.
- Standard parking spaces shall have a minimum dimension of nine feet (9’) in width by nineteen feet (19’) in length.
- Up to forty percent (40%) of the spaces in a parking lot may be compact spaces, with dimensions as shown in Table 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’).
- 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
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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:
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.
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.
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.
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:
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.
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:
Commercial Recreation And Public Assembly: One parking space for each four (4) person capacity.
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:
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.
Wholesale Establishment: One parking space for each four hundred (400) square feet of gross leasable space.
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: |
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.
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.
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.
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:
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.
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.
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:
Location, access route, and number of both short-term and long-term bicycle parking spaces;
The model or design of the bicycle parking facilities to be installed;
Dimensions of all aisles and maneuvering areas; and
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 ¶
§9220.1 PURPOSE ¶
The purpose of the downtown zoning code is:
A. To create an urban environment that implements and fulfills the goals, objectives and strategies of the Ukiah General Plan by encouraging the development of a healthy, safe, diverse, compact and walkable urban community.
B. To implement the vision for the study area created by the community during an intense and open community design charette process in 2007. That vision is one of environmentally sustainable and economically vital public spaces and buildings with a renewed civic square, attractive civic buildings and spaces, a healthy creek corridor, gateways that reflect Ukiah’s sense of place, a mix of building types and affordability, new development that supports and enhances the train depot and rail corridor, interconnected and pedestrian-oriented public streets, specific locations for potential anchor buildings (such as large-scale retail, employment centers and parking structures), and pedestrian-friendly buildings and streetscapes.
C. To manage the scale and general character of new development to emulate the best elements of Ukiah’s heritage, such as shady downtown streets, diverse architecture, mixed-use shopfront buildings in the downtown, and the architecture of historic civic buildings.
D. To ensure that public and private spaces are connected and compatible. Buildings that line public spaces relate to the natural surroundings and character of the local built environment, and connect to one another at the pedestrian scale. Public spaces are more than streets and paths for people traveling on foot, on bicycles and in cars. They are the community gathering places. The character of these public spaces is defined by their design and detail, and by the way that private buildings connect to public spaces.
E. To coordinate the design of public and private elements in a comprehensive and systematic approach. The downtown zoning district provides this system, focusing on the pedestrian experience as well as on the efficient movement of pedestrians, bicycles, and automobiles.
F. To facilitate the coexistence of a wide range of residential, commercial and similar uses in close proximity within a lively downtown urban environment.
G. To preserve and enhance the historic downtown.
H. To support local businesses and create a vibrant commercial downtown where buildings meet the street and activate a wide range of pedestrian-friendly uses.
I. To promote and encourage a sustainable community through the reuse and improvement of existing buildings, infill development, green building and smart growth practices, and resource conservation (such as the enhancement of the creek corridor, tree planting, and tree preservation). (Ord. 1139, §2 (Exh. A, 1.010), adopted 2012)
§9221 APPLICABILITY ¶
§9221.1 APPLICABILITY ¶
Proposed development, subdivisions, and new land uses within the downtown zoning code (DZC) shall comply with all of the applicable requirements of this article (downtown zoning code) as follows:
A. Zoning Map: The Zoning Map shows the boundaries of the downtown zoning code, the zoning designations within this code, and identifies the specific parcels within each zone. The zoning designation determines the standards for building placement, design, and use.
B. Building and Site Uses: The building and site uses in section 9223 of this code identify the land uses allowed by the City in each of the zones established on the Zoning Map. A parcel shall be occupied only by land uses identified as allowed within the applicable zone by section 9223 of this code, Building and Site Uses. Section 9224 of this code, Standards for Specific Land Uses, identifies standards that apply to specific land uses allowed by this code.
C. Site and Building Development Standards: The site and building development standards in section 9225 of this code regulate the aspects of each private building and parcel of land that affect the public realm. The standards vary according to the zone applied to each parcel by the Zoning Map, Circulation Map, and Special Designations Map. The site and development standards regulate such things as the subdivision of land, building placement, and facade design.
D. Architectural Standards: The architectural standards identified in section 9226 of this code regulate the required form of each private building.
E. Historical Building Standards: The historical building standards in section 9227 of this code regulate modifications to buildings that are fifty (50) years or older.
F. Parking Requirements and Design Standards: The parking standards and procedures in section 9228 of this code regulate the number of spaces, design, landscaping requirements, and location of required parking facilities. G. Tree Preservation and Planting Requirements: The tree preservation and planting procedures in section 9229 of this code regulate the preservation and retention of existing trees and the planting of new street trees, parking lot trees, and riparian trees.
H. Circulation Standards: The circulation standards in section 9230 of this code regulate the design of streets, pedestrian and bike paths and other public ways within the boundaries of this code, including new thoroughfares and modifications to existing and extensions of existing thoroughfares. The Circulation Map (Figure 8) identifies existing and proposed new and/or modified circulation routes (e.g., streets, bike paths, and pedestrian ways).
I. Special Designations: The Special Designations Map (Figure 9) identifies the required location of storefront frontage types, recommended location of storefront frontage types, recommended turret locations, and required terminated vista locations and is intended to ensure that development is consistent with the architectural and design purposes of this code. (Ord. 1139, §2 (Exh. A, 2.010), adopted 2012)
§9221.2 RELATIONSHIP TO ZONING ORDINANCE ¶
If a conflict occurs between a requirement of this article and the City of Ukiah zoning ordinance and subdivision ordinance (Chapter 1 of this division), the provisions of this article (downtown zoning code) shall apply. (Ord. 1139, §2 (Exh. A, 2.020), adopted 2012) §9221.3 ADMINISTRATION The standards of this article shall be administered as provided in section 9231 of this code, Administration and Procedures, and enforced as provided for in Chapter 2, Article 22 of this division, Interpretation, Enforcement Penalties and Legal Procedure. (Ord. 1139, §2 (Exh. A, 2.030), adopted 2012)
§9222 ZONING ¶
§9222.1 APPLICABILITY ¶
The regulations in section 9222 of this code, including the Zoning Map, apply to all proposed development within the boundaries of this code shown on the Zoning Map. No grading or building permit shall be issued and no discretionary entitlement shall be approved unless the proposed construction and land uses comply with this article. A. Zoning Districts: The Zoning Map (Figure 1) in this section establishes three (3) separate zoning districts within the downtown zoning code: General Urban (GU); Urban Center (UC); and Downtown Core (DC): 1. General Urban (GU) Zone: The GU Zone allows for mixed-use and urban residential uses in a wide range of building types, from single use and single-family to a mix of uses and multifamily. Setbacks and landscaping are variable. Streets define medium size blocks. 2. Urban Center (UC) Zone: The UC Zone allows for higher density residential and mixed-use buildings that may accommodate retail, office, services, local and regional civic uses, and residential uses. This zone has a tight network of streets with wide sidewalks, regularly spaced street tree planting, and buildings set close to lot frontages. 3. Downtown Core (DC) Zone: The DC Zone allows the highest density and intensity of development allowing a wide variety of commercial uses and residential uses located in mixed-use buildings. This zone has small, walkable blocks with regularly spaced street trees and buildings set at the frontage line. B. Special Designations: The Zoning Map (Figure 1), Circulation Map (Figure 8), and Special Designations Map (Figure 9) establish the following designations. The symbol for each designation is identified on the specific map. 1. Civic Space: Civic spaces are outdoor areas dedicated for public use. Civic spaces are defined by the relationship among certain physical elements, such as their intended use, size, landscaping, and buildings along the frontage line. Several types of civic spaces are described in Table 2: Civic Spaces, and shown in Figure 1 (Zoning Map). This code includes both existing civic spaces and the potential for the creation of new civic spaces as described below: a. Existing (CE): Existing civic spaces within the DZC boundaries are shown on the Zoning Map. The allowed uses of parcels with the CE designation are determined by the zoning of the property (GU, UC, DC). The purpose of the CE designation is to identify the location of the existing civic spaces within the boundaries of this code. Existing civic spaces within the district include the Alex B. Thomas Plaza and Depot Park. b. Preferred (CP): Preferred civic spaces within the district are shown on the Zoning Map. The allowed uses of the parcels with the CP designation are determined by the zoning of the property (GU, UC, DC). The purpose of the CP designation is to identify the preferred location of new civic space within the boundaries of this code and to provide specific recommendations for the following preferred civic spaces. (1) Depot Area: This preferred civic space provides access to the historic depot and the rail trail corridor. The area currently includes a plaza along the Perkins Street frontage. The parcels in this area are undeveloped and large enough to accommodate large civic uses and spaces. Any future development shall maintain access to the rail trail corridor and depot. Future development should utilize architecture that is compatible with the historic depot, provide adequate pedestrian connections to the rail trail and depot, and expand the current plaza area. (2) Gibson Creek Corridor: New civic spaces and the enhancement of existing spaces encompassing Gibson Creek, including currently covered segments, are recommended elements of this code. Use and development of parcels that abut Gibson Creek within the boundaries of this code are determined by the zoning of the parcel as shown on the Zoning Map. Any future development shall consider daylighting, re-establishing and providing public access to the creek corridor, or granting to the City a sixty-foot (60') right-of-way for the future daylighting, restoration and operation of a publicly accessible creek corridor in a location approximately as shown on the Circulation Map.
are determined by the zoning of the parcel as shown on the Zoning Map. Any future development shall consider daylighting, re-establishing and providing public access to the creek corridor, or granting to the City a sixty-foot (60') right-of-way for the future daylighting, restoration and operation of a publicly accessible creek corridor in a location approximately as shown on the Circulation Map.
(3) West of Leslie Street to Railroad Right-of-Way (Railroad Depot Property): The area bounded by Leslie Street, Perkins Street and the railroad tracks includes several larger undeveloped parcels which provide an opportunity for a large civic facility in the form of a single or multiple civic buildings. Any such development should include civic space as described in Table 2 and as allowed in Table 3. The continuation of Hospital Drive into the site provides an opportunity for a terminated vista as shown on the Special Designations Map (Figure 9). The allowed uses and development standards are determined by the zoning of the property.
Public Parking – Existing (PE): These sites are intended to serve the general parking needs within the boundaries of this code and of the City at large and are shown on the Zoning Map as PE. The allowed uses are determined by the zoning of the property (GU, UC, DC). This designation has been applied to existing City-owned parking lots.
Parking Structure and/or Anchor Tenant Opportunity Sites – Preferred: These opportunity sites designated on the Zoning Map are recommended to be developed with a parking structure and/or medium or large retail use or a large employer with the potential to generate a significant number of pedestrians and thereby invigorate the area within and adjacent to the boundaries of this code. These sites are shown on the Zoning Map as PP. The allowed uses and development standards are determined by the zoning of the parcel (GU, UC, DC).
Flood Plain. The approximate location of the one hundred (100) year flood plain as shown on the FEMA Flood Insurance Rate Map (FIRM) is included on the Zoning Map to provide general information. This is not a zoning designation. Parcels with this designation are subject to the requirements of this code and the City’s flood plain management regulations.
C. Conflict with Other Regulations: The provisions of this article take precedence over those of conflicting codes, regulations and standards adopted by the City of Ukiah and other agencies to the extent allowed by law. In particular, this article (Downtown Zoning Code) supersedes Chapter 2, Articles 3 through Article 17 and Articles 20 and 21 of this code (Zoning), except as specifically referenced in this article. The provisions of this article shall not take precedence over:
Building regulations (Division 3 of this code).
Flood plain management regulations (California Building Code Appendix G).
Mendocino County Airport Comprehensive Land Use Plan.
D. Frontage Improvements and Dedications: The developer shall construct frontage improvements and dedicate as required by the Ukiah City Code. (Ord. 1139, §2 (Exh. A, 3.010), adopted 2012)
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Figure 1: Downtown Zoning Code Zoning Map
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§9222.2 TRANSECT ZONES ¶
Table 1 illustrates the horizontal (plan) and vertical (profile) scale of development moving from natural and open areas to the most densely developed urban areas. The transects allowed by this code are
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identified on the Zoning Map.
Table 1: Transect Zones
| NATURAL ZONE |
RURAL ZONE |
SUBURBAN ZONE |
GENERAL URBAN ZONE |
URBAN CENTER ZONE |
DOWNTOWN CORE ZONE |
|---|---|---|---|---|---|
| Lands approximating or reverting to a wilderness condition, including lands unsuitable for settlement due to topography, hydrology or vegetation. Not used in this code |
Lands in open or cultivated state or sparsely settled. These include woodland, agricultural lands, grasslands and irrigable deserts. Not used in this code |
Low density suburban residential areas, differing by allowing home occupations. Planting is naturalistic with setbacks relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. Not used in this code |
Mixed-use and residential urban fabric. It has a wide range of building types: single, side yard, and rowhouses. Setbacks and landscaping are variable. Streets typically define medium- sized blocks. GU Zone in this code |
Higher density mixed-use building types that accommodate retail, offices, rowhouses and apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the frontages. UC Zone in this code |
The highest density and intensity of development with a wide variety of commercial uses and residential uses located in mixed-use buildings. A tight network of walkable blocks, regularly spaced street trees and buildings set at the frontage line. DC Zone in this code |
| MORE RURAL | MORE URBAN | ||||
| Private Spaces Less density Larger blocks Primarily residential Smaller buildings More green spaces Detached buildings Unaligned frontages Yards and porches Deep setbacks Articulated massing Wooden buildings Mostly pitched roofs Smallyard signs |
Private Spaces More density Smaller blocks Primarily mixed-use Larger buildings More hardscape Attached buildings Aligned frontages Stoops and shopfronts Shallow setbacks Simple massing Masonry buildings Many flat roofs Buildingmounted signs |
||||
| Public Spaces Roads and lanes Narrow paths Less congestion Less regulated parking Larger curb radii Less artificial lighting Open drainage Mixed tree types Quieter |
Public Spaces Streets and alleys Wide sidewalks More congestion Dedicated parking Smaller curb radii Brighter lighting Curbs and gutters Aligned street trees Noisier |
||||
| Civic Places Local gathering places Parks and greens |
Civic Places Regional institutions Plazas and squares |
(Ord. 1139, §2 (Exh. A, 3.020), adopted 2012)
§9222.3 CIVIC SPACES ¶
Table 2 illustrates various types of civic space. The types of civic spaces allowed within the boundaries of this code are determined by Table 3: Allowed Uses and Permit Requirements, based on the zoning of the parcel.
Table 2: Civic Spaces
Civic Spaces
Zone
| Civic Spaces | Zone | |
|---|---|---|
| Park: A natural preserve available for unstructured recreation. A park may be independent of surrounding building frontages. Its landscape shall consist of paths and trails, meadows, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size is typically 15 acres. This type of civic space is prohibited in the GU, UC, and DC zoningdistricts. |
||
| Green: An open space, available for unstructured recreation. A green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The typical size is 2 to15 acres. This type of civic space is prohibited in the GU, UC, and DC zoning districts. |
||
| Square: An open space available for unstructured recreation and civic purposes. A square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important thoroughfares. The typical size is 1 to 5 acres. There shall be no minimum size. An allowed use in the GU, UC, and DC zoning districts. See Table 3: Allowed Uses and Permit Requirements. |
GU UC DC |
|
| Plaza: An open space, available for civic purposes and commercial activities. A plaza shall be spatially defined by building frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas are typically located at the intersection of important streets. The typical size is 1 to 2 acres. There shall be no minimum size. An allowed use in the GU, UC, and DC zoning districts. See Table 3: Allowed Uses and Permit Requirements. |
GU UC DC |
|
| Playground: An open space designed and equipped for the recreation of children. A playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum size. An allowed use in the GU, UC, and DC zoning districts. See Table 3: Allowed Uses and Permit Requirements. |
GU UC DC |
(Ord. 1139, §2 (Exh. A, 3.030), adopted 2012)
§9223 BUILDING AND SITE USES ¶
§9223.1 APPLICABILITY ¶
Parcels and buildings shall be occupied by only the land uses allowed by Table 3: Allowed Uses and Permit Requirements, within the zone applied to the parcel by the Zoning Map (Figure 1).
A. Establishment of an Allowable Use:
Any one or more land uses identified by Table 3 as being allowed within a particular zone may be established on any parcel within that zone, subject to the planning permit required for the use by Table 3, and in compliance with all other applicable requirements of this article.
Where a single parcel is proposed for development with two (2) or more land uses listed in Table 3, the overall project shall be subject to the highest planning permit level required by the table for any individual use.
B. Permit Requirements for Allowable Uses: Table 3 identifies the uses of land allowed by this article in the zones established by section 9222 of this code, Zoning, and the planning permit required to establish each use. Table 3 provides for land uses that are:
Allowed subject to compliance with all applicable provisions of this code and shown as “A” uses in the table;
Allowed subject to the approval of a minor use permit (section 9231 of this code, Administration and Procedures) and shown as “MIUP” uses in the table;
Allowed subject to the approval of a major use permit (section 9231 of this code, Administration and Procedures) and shown as “MAUP” uses in the table;
Allowed as a use that is accessory to an allowed or permitted use and shown as “AC” uses in the table; or
Not allowed within a specified zone and shown as “ – ” in the table.
C. Use Not Listed: Whenever a use is not listed in Table 3 as an allowed use, a use requiring a use permit, or a prohibited use, the Planning Director shall determine whether the use is appropriate for the zoning district, either as an allowed use or a use subject to a use permit. In making this determination, the Planning Director shall find as follows:
The use is similar in nature and intensity to uses listed as allowed or requiring a use permit;
The use would not be incompatible with other existing allowed uses;
The use would not be detrimental to the continuing development of the area in which the use would be located; and
The use would be in harmony and consistent with the purposes of this code and the district in which the use would be located.
The determination shall be in writing and 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 are filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by the applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance with the procedures set forth in section 9231 of this code, Administration and Procedures. 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.
licant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance with the procedures set forth in section 9231 of this code, Administration and Procedures. 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.
Table 3: Allowed Uses and Permit Requirements
| A Use Allowed by Right AC Use Allowed Accessory to a Principal Use MIUP Use Allowed with a Minor Use Permit MAUP Use Allowed with a Major Use Permit – Use Prohibited |
General Urban GU |
Urban Center UC |
Downtown Core DC |
Additional Zoning Requirements by Code Section |
|---|---|---|---|---|
| ASSEMBLY,EDUCATION,AND RECREATION(2) | ||||
| Church, chapel, religious assembly, and instruction |
MIUP | A(3) | – | |
| Commercial recreation – indoor | – | MIUP | MIUP | |
| Community garden, playground, plaza,square |
A | A | A | section 9224.3 |
| Conference, convention, exhibition facility |
MAUP | MAUP | MAUP | |
| Fitness, health facility | MIUP | MIUP | MIUP | |
| Library,museum | A(3) | A(3) | A(3) | |
| Live entertainment | AC | AC | AC | section 9224.6 |
| School – college, high school | MAUP | MAUP | MAUP | |
| School – elementary,middle | A(3) | MAUP | MAUP | |
| School – specialized education and training |
MIUP(5) | MIUP(5) | MIUP(5) | |
| Social hall,lodge | MIUP | A(3) | A(3) | |
| Studio – art, dance, martial arts, music |
A(3) | A(3) | A(3) | |
| Theater – movie, live performance |
– | A(3) | A(3) | |
| LODGING(2) | ||||
| Bed and breakfast | A | A | A | |
| Hotel, motel | A | A | A | |
| RESIDENTIAL(2) | ||||
| Dwelling – condominium (new, conversion) |
A | A | A | section 9224.10 |
| Dwelling – duplex | A | A | – | |
| Dwelling,multiple household | A | A | – | |
| Dwelling, second unit | AC(7) | AC(7) | – | section 9224.13 |
| Dwelling, single household | A | A | – | |
| Dwelling,single room occupancy | A(9) | A(9) | A(9) | section9224.14 |
| Home occupation | AC(1)(6) | AC(1)(6) | AC(1)(6) | section 9224.4 |
| Homeless facility – large (more than 12 persons) |
MAUP(2) | – | – | section 9171 |
| Homeless facility – small (fewer than 12persons) |
MAUP(2) | – | – | |
| A Use Allowed by Right AC Use Allowed Accessory to a Principal Use MIUP Use Allowed with a Minor Use Permit MAUP Use Allowed with a Major Use Permit – Use Prohibited |
General Urban GU |
Urban Center UC |
Downtown Core DC |
Additional Zoning Requirements by Code Section |
| --- | --- | --- | --- | --- |
| Live/work unit | A | A | A | section9224.11 |
| Residential in mixed-use building |
A(9) | A(9) | A(9) | section 9224.12 |
| RETAIL (2) | ||||
| Adult cabaret | – | – | – | |
| Adult entertainment business | MAUP | MAUP | MAUP | subsection 9176D |
| Alcoholic beverage sales | – | – | – | |
| Artisan shop | A(3)(4) | A(3)(4) | A(3)(4) | |
| Bar, cocktail lounge, nightclub | – | MAUP | MAUP | |
| Farmers market – certified | A | A | A | |
| Fueling, gas station | – | MAUP | – | |
| Furniture, furnishings, and appliance stores |
– | A(3) | A(3) | |
| General retail | A(4) | A(4) | A(4) | |
| Grocery/specialtyfood store | A(4) | A(4) | A(4) | |
| Mobile food vendor | MIUP | MIUP | MIUP | |
| Mobile food vendor – stationary | MIUP | MIUP | MAUP | |
| Outdoor sales establishment | MIUP | MIUP | MIUP | |
| Restaurant, cafe, coffeehouse | A(4) | A(4) | A(4) | |
| Restaurant – formula fast food | – | – | – | section9224.9 |
| Restaurant – outdoor dining (on site) |
MIUP | MIUP | MIUP | section 9224.7 |
| Restaurant – sidewalk cafe (in the right-of-way) |
AC | AC | AC | section 9224.8 |
| Second hand store,thrift store | MIUP | MAUP | MAUP | |
| Shopping center | – | MAUP | – | |
| Smoke shop | – | – | – | |
| Specialty food and beverage sales with tastings |
A | A | A | section 9224.15 |
| SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL (2) | ||||
| Business support services | A(3) | A(3) | A(3) | |
| Community care facility – 6 or fewer clients |
A(3)(4) | A(3)(4) | – | |
| Community care facility – 7 to 12 clients |
A(3)(4) | A(3)(4) | – | |
| Convalescent services, rest home, residential medical facility |
MAUP | MAUP | – | |
| Financial services | A(3) | A(3) | A(3) | |
| Medical services – clinic, urgent care |
MAUP | A(3) | A(5) | |
| Medical services – major | – | MIUP | MIUP | |
| Office – business service | A(3) | A(3) | A(3) | |
| Office – government | A(3) | A(3) | A(3) | |
| Office – medical, dental | A(3) | A(3) | A(3) | |
| Office –processing | A(3) | A(3) | A(3) | |
| Office – professional | A(3) | A(3) | A(3) | |
| A Use Allowed by Right AC Use Allowed Accessory to a Principal Use MIUP Use Allowed with a Minor Use Permit MAUP Use Allowed with a Major Use Permit – Use Prohibited |
General Urban GU |
Urban Center UC |
Downtown Core DC |
Additional Zoning Requirements by Code Section |
| --- | --- | --- | --- | --- |
| Veterinary office or services – small animal |
A(5) | A(5) | A(5) | |
| SERVICES – GENERAL (2) | ||||
| Agricultural equipment sales or rental |
– | – | – | |
| Child daycare – daycare center | MIUP | MIUP | MIUP | |
| Child daycare – large family | AC(1)(6) | AC(1)(6) | AC(1)(6) | section 9224.5 |
| Child daycare – small family | AC(1)(6) | AC(1)(6) | AC(1)(6) | |
| Equipment rental | A(5) | A(5) | – | |
| Kennel, doggy daycare | – | – | – | |
| Laundromat | A(5) | A(5) | – | |
| Maintenance/repair – client site services |
A(5) | A(5) | – | |
| Maintenance/repair – equipment, large appliances |
– | – | – | |
| Maintenance/repair – small equipment, small appliances |
A(5) | A(5) | A(5) | |
| Personal services | A(5) | A(5) | A(5) | |
| Personal services – restricted | – | – | – | |
| Pet services, pet store | A(3) | A(3) | A(3) | |
| Safety services, fire station, police station |
A | A | A | |
| Vehicle services – major repair/body work |
– | – | – | |
| Vehicle services – minor maintenance/repair |
MIUP | MIUP | – | |
| MANUFACTURING, WAREHOUSING (2) | ||||
| Artisan/craft product manufacturing |
– | A(3) | – | |
| Clothing and fabric product manufacturing |
– | A(3) | – | |
| Metal products fabrication, machine, welding shop |
– | – | – | |
| Small products manufacturing | A(5) | A(5) | – | |
| Storage – personal storage facility |
MIUP(9) | MIUP(9) | – | |
| TRANSPORTATION, COMMUNICATIONS (2) | ||||
| Parking lot – public or commercial |
MAUP | MAUP | – | |
| Parking structure – in location designated on ZoningMap |
– | A | – | |
| Parking structure – in location not designated on Zoning Map |
– | MAUP | MAUP | |
| Telecommunications antenna, facility, tower |
MAUP | MAUP | – |
| A Use Allowed by Right AC Use Allowed Accessory to a Principal Use MIUP Use Allowed with a Minor Use Permit MAUP Use Allowed with a Major Use Permit – Use Prohibited |
General Urban GU |
Urban Center UC |
Downtown Core DC |
Additional Zoning Requirements by Code Section |
|---|---|---|---|---|
| Transportation service, transportation terminal |
– | MAUP | MAUP | |
| OTHER (2) | ||||
| Accessory building (10) | AC | AC | – | Table 7 |
| Accessoryuse(s) | AC | AC | AC | |
| A Use Allowed by Right | ||||
| --- | --- | --- | --- | --- |
| AC Use Allowed | ||||
| Accessory to a Principal Use | ||||
| MIUP Use Allowed with a | ||||
| Minor Use Permit | ||||
| Additional | ||||
| MAUP Use Allowed with a | Zoning | |||
| Major Use Permit | General | Urban | Requirements | |
| Urban | Center | Downtown | by Code | |
| – Use Prohibited | GU | UC | Core DC | Section |
| Animals in the City | MIUP | MIUP | – | section9381 |
| Cannabis microbusiness | MAUP | MAUP | MAUP | sections 9254 |
| and 9261 | ||||
| Cannabis retailer | MAUP | MAUP | MAUP | sections 9254 |
| and 9261 | ||||
| Cannabis testing laboratory | MAUP | MAUP | MAUP | sections 9254 |
| and9261 | ||||
| Drive-through or drive-up – | – | – | – | |
| restaurant | ||||
| Drive-through or drive-up – | AC(2) | AC(2) | – | Table 27 |
| bank, pharmacy | ||||
| Electric vehicle chargingstation | AC | AC | AC | |
| Medical marijuana dispensary | DUP | DUP | DUP | sections 5703 |
| and 5707 | ||||
| Storage – accessory | AC | AC | AC | |
| Storage –yard(11) | AC | AC | AC | Table9 |
| Temporary uses less than 6 | MIUP | MIUP | MIUP | |
| months and consistent with the | ||||
| purposes of this code |
A business license may be required. Contact the City of Ukiah Administrative Office to determine if a business license is required.
Site development permit may be required (see section 9231 of this code, Administration and Procedures).
A minor use permit is required to exceed 5,000 gross square feet of floor area or 100 lineal feet on the ground floor (street level) frontage when a storefront frontage type is required by Figure 9: Special Designations Map.
A major use permit is required to exceed 15,000 gross square feet of floor area on the ground floor (street level).
A major use permit is required to exceed 5,000 gross square feet or 100 lineal feet on the ground floor (street level).
Allowed accessory to a residential use.
Allowed accessory to a single-family residence.
Allowed accessory to an allowed or permitted restaurant use.
Allowed on floors above the ground floor or behind a ground floor use. A major use permit is required to allow on the street frontage of the ground floor.
Allowed accessory to a principal building and subject to the requirements of Table 7: Accessory Building Standards.
Allowed accessory to a principal use and consistent with the requirements of Table 9: Development Standards for All Land Uses.
(Ord. 1139, §2 (Exh. A, 4.010), adopted 2012; Ord. 1176, §2, adopted 2017; Ord. 1186, §6, adopted 2018; Ord. 1188, §3, adopted 2018; Ord. 1210, §2, adopted 2021; Ord. 1226, §9, adopted 2022)
§9224 STANDARDS FOR SPECIFIC LAND USES ¶
§9224.1 PURPOSE ¶
Section 9224 of this code provides site planning, development, and/or operational standards for certain land uses that are allowed by section 9223 of this code, Building and Site Uses. The standards for each use are intended to mitigate any potentially adverse impacts associated with the specific use. (Ord. 1139, §2 (Exh. A, 5.010), adopted 2012)
§9224.2 APPLICABILITY ¶
The land uses and activities included in section 9224 of this code shall comply with the provisions of the section applicable to the specific land use, in addition to all other applicable provisions of this article and the Ukiah City Code.
A. Where Allowed: The uses that are subject to the standards in section 9224 of this code shall be located in compliance with the requirements of section 9223 of this code, Building and Site Uses.
B. Land Use Permit Requirements: The uses that are subject to the standards in section 9224 of this code shall be authorized by the land use permit required by section 9223 of this code, Building and Site Uses, except where a land use requirement is established by section 9224 of this code for a specific use.
C. Development Standards: The standards for specific land uses included in section 9224 of this code are required and supplement those included in this code and the Ukiah City Code. In the event of any conflict between the requirements of section 9224 of this code and those included in this code, the requirements of section 9224 of this code shall control. (Ord. 1139, §2 (Exh. A, 5.020), adopted 2012)
§9224.3 COMMUNITY GARDENS ¶
A community garden shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit 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:
- Open Fencing: Open fencing (such as chain link, wrought iron, deer) up to six (6) feet 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 ordinance 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 a disability. 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 City of Ukiah sign ordinance requirements.
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.
n 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. (Ord. 1139, §2 (Exh. A, 5.030), adopted 2012)
§9224.4 HOME OCCUPATIONS ¶
A home occupation shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.
A. Purpose: The provisions of this section are intended to allow limited business activity to occur within a residence, where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. Home occupations are also a means of promoting workplace alternatives. B. Alterations to Dwelling: No interior or exterior alterations for the home occupation shall be made to the dwelling that are not customarily found in or to serve residences. C. Commercial Vehicles: No commercial vehicle shall be used in conjunction with a home occupation, except pickups of three-quarters ton or less. D. Employees: Residents plus no more than two (2) nonresidents may work at a home occupation location. E. Identification: The home occupation shall not be identifiable from the property line by any means, including but not limited to sight, noise, light, smoke, odor, vibration, electrical interference, dust, glare, liquid, or solid waste. A person standing on the property line of the parcel on which the home occupation is located should not be aware of the home occupation. F. Items for Sale: Items offered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers, in which case all articles except samples shall be received, stored, and sold to customers at off-site locations. G. Location: The home occupation shall be conducted primarily within the main dwelling structure and shall not involve the use of any yard space or outside area. Accessory structures such as garages may be used but not in such a way as to preclude required vehicle parking. H. Parking and Traffic: The home occupation shall not create pedestrian, automobile, or truck traffic or parking in excess of that normally associated with a residential use, with no more than two (2) nonresident vehicles parked on the street at any given time and no idling of employee or customer vehicles. I. Signs: One nonilluminated identification sign of not more than one and one-half (1.5) square feet in area may be placed flat against an outside wall of the residence to advertise the home occupation subject to application for and approval of a sign permit. J. Storage: Outside storage of supplies or equipment is prohibited. K. Prohibited Uses: The following uses and similar activities as determined by the Planning Director are prohibited as home occupations: vehicle maintenance and repair; medical or dental offices; barber shop/beauty shop, nail salon; card reading, astrological services; class instruction on premises with more than two (2) students at any time; on-site painting services (auto, boat, appliance, etc.); gun repair, sale of guns or ammunition; food handling, processing, or packaging; welding, metal, or woodworking shops; kennels (including pet daycare), boarding of animals, pet grooming shops, animal hospitals; and
op, nail salon; card reading, astrological services; class instruction on premises with more than two (2) students at any time; on-site painting services (auto, boat, appliance, etc.); gun repair, sale of guns or ammunition; food handling, processing, or packaging; welding, metal, or woodworking shops; kennels (including pet daycare), boarding of animals, pet grooming shops, animal hospitals; and
activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons, and/or highly flammable materials. (Ord. 1139, §2 (Exh. A, 5.040), adopted 2012)
§9224.5 LARGE FAMILY DAYCARE ¶
Large family daycare facilities shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.
A. Purpose: The purpose of these standards is to address potential impacts related to large family daycare facilities, thereby eliminating the need for a use permit. The intention is to encourage the creation of large family daycare facilities, create more options for child care, and to make the operating characteristics of these facilities compatible with surrounding uses.
B. Permit Required: No large family daycare shall be conducted without application for and approval of a business license.
C. Location: In no case shall a property be directly abutted by large family daycare facilities on two (2) or more sides.
- D. Parking: All dwellings used for large family daycare facilities shall provide at least three (3) parking spaces, no more than one of which may be provided in a garage or carport. These may include spaces already provided to fulfill residential parking requirements.
E. Drop-Off and Pick-Up:
Drop-off and pick-up of children shall be staggered.
Residences located on arterial streets must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. For residences not located on an arterial street, on-street parking stalls adjacent to the site may be considered to satisfy this requirement.
- F. Fencing and Barriers:
- Any side or rear yard intended for daycare use shall be surrounded by a barrier to separate children from neighboring properties unless the Planning Director determines that a barrier is not necessary (e.g., for properties not bordering developed properties). Examples of acceptable barriers include wood fences, walls, and hedges. Fences shall be installed to protect children from possible hazards (such as swimming pools, ravines, aggressive animals).
surrounded by a barrier to separate children from neighboring properties unless the Planning Director determines that a barrier is not necessary (e.g., for properties not bordering developed properties). Examples of acceptable barriers include wood fences, walls, and hedges. Fences shall be installed to protect children from possible hazards (such as swimming pools, ravines, aggressive animals).
- The location, height, and type of fencing shall comply with the fencing requirements of the zoning district in which the parcel is located. G. Recreation Equipment: Recreation equipment exceeding eight (8) feet in height located in any yard area intended for daycare use shall comply with the minimum setback requirements of the applicable zoning district and be kept a minimum distance of five (5) feet from perimeter property lines. H. Noise: Noise generated from the daycare facility shall not exceed the standards established by the City of Ukiah noise ordinance as measured at the property line(s) of the daycare facility. I. Code Compliance and Licensing: Large family daycare facilities shall comply with all applicable building and fire codes, fire code standards adopted by the State of California, and with Social Services Department licensing requirements (California Administrative Code, Title 22, Division 2). J. Garage Conversions: Conversion of a garage to living space requires a building permit and compliance with parking requirements of this code. (Ord. 1139, §2 (Exh. A, 5.050), adopted 2012) §9224.6 LIVE ENTERTAINMENT Live entertainment shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements. A. Accessory Use: Live entertainment with four (4) or fewer acoustical performers is allowed as an accessory use when it is clearly incidental to the primary use of the building or site and will not negatively impact surrounding businesses and properties and hours of performance do not extend past nine o’clock (9:00) P.M. B. Use Permit Required: The following types of live entertainment may be authorized with approval of a use permit: 1. Bars, Cocktail Lounge: Live entertainment may be authorized at a bar or cocktail lounge with Planning Commission approval of a major use permit. The use permit shall address potential negative impacts to neighboring businesses and properties, and the possible need for police and fire services that may result from the proposed live entertainment use. 2. Large Group: Live entertainment performed by more than four (4) persons may be authorized with Zoning Administrator approval of a minor use permit, except as provided for in subsection B5 of this section. 3. Amplified Entertainment: Amplified live entertainment may be authorized with Zoning Administrator approval of a minor use permit, except as provided for in subsection B5 of this section. 4. Extended Hours: Live entertainment may be authorized past the hours of nine o’clock (9:00) P.M. with Zoning Administrator approval of a minor use permit, except as provided for in subsection B5 of this section. 5. Planning Director Determination: When a use permit is required and the type of use permit required (minor or major) has not been prescribed by this section, the Planning Director shall determine the level of use permit required. The Planning Director may refer any application for a live entertainment use permit to the Planning Commission for public hearing. C. Use Permit: Use permits for live entertainment shall be processed in compliance with section 9262 of this code. In addition to the findings required by subsection 9262E of this code, an application for a live entertainment use permit shall address the following considerations: 1. Potential for loitering. 2. Adequacy of lighting for security and safety purposes. 3. 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. 4. 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. 5. Comments from the Ukiah Police Department and Fire Department, including a projection of the increased burden to providing police services, potential for the use to add to law enforcement problems in the area and/or to contribute to or aggravate an existing crime problem in the area. 6. The potential for the need for annual review of the use permit. 7. Other information deemed necessary on a case-by-case basis. (Ord. 1139, §2 (Exh. A, 5.060), adopted 2012) §9224.7 OUTDOOR DINING On-site outdoor dining shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements, and only when the outdoor dining is incidental to and part of the operation of a restaurant located on the same parcel. 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.) on or adjacent to said site. However, where there is sufficient clearance to accommodate the usual pedestrian traffic and to comply with applicable state and federal law, outdoor dining facilities are a permitted use in the areas described in the preceding sentence, subject to Zoning Administrator approval of a minor use permit. Outdoor dining areas may be located in landscaped areas if located in such a manner as not to damage the landscaping. C. Hours of Operation: Days and hours of operation for the outdoor dining shall not extend beyond the hours of
ral law, outdoor dining facilities are a permitted use in the areas described in the preceding sentence, subject to Zoning Administrator approval of a minor use permit. Outdoor dining areas may be located in landscaped areas if located in such a manner as not to damage the landscaping. C. Hours of Operation: Days and hours of operation for the outdoor dining shall not extend beyond the hours of
ral law, outdoor dining facilities are a permitted use in the areas described in the preceding sentence, subject to Zoning Administrator approval of a minor use permit. Outdoor dining areas may be located in landscaped areas if located in such a manner as not to 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. Movable 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. D. Live Entertainment: Outdoor dining shall not be used for live entertainment unless in compliance with section 9224.6 of this code. E. Structures, 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 structures, furniture or fixtures related to outdoor dining, or as required by the building code, whichever is greater.
All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. However, permanent outdoor dining furniture such as concrete tables and benches are a permitted use, subject to Zoning Administrator approval of a minor use permit.
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.
Outdoor heaters are allowed subject to fire and building code compliance. Non-live music and/or speakers may be authorized with Zoning Administrator approval of a minor use permit.
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 Division 3, Chapter 7 of this code (sign ordinance).
Permanent outdoor dining structures such as shade covers and barriers are a permitted use, subject to Zoning Administrator approval of a minor use permit.
- F. Maintenance: The permittee is responsible for maintaining all outdoor dining furnishings and the outdoor dining area in good condition, including but not limited to the following:
All outdoor dining furnishings and all exterior surfaces within the outdoor dining area shall be easily cleanable and kept clean and free of debris.
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 Planning Director and Police Department if each of the following requirements are met:
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.
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.
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 Planning 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. (Ord. 1139, §2 (Exh. A, 5.070), adopted 2012; Ord. 1210, §1, adopted 2021) §9224.8 SIDEWALK CAFE A sidewalk cafe shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements. A. 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. B. 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. C. Limitations and Requirements: A sidewalk cafe may be allowed only where allowed by Table 3 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 with Zoning Administrator approval of a minor 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 9224.6 of this code. D. 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') feet 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. 6. 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. 7. Outdoor heaters are allowed subject to fire and building code compliance. Music and/or speakers may be authorized with Zoning Administrator approval of a minor use permit. 8. 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 sign ordinance (Division 3, Chapter 7 of this code). 9. All furnishings and other items associated with the sidewalk cafe shall be removed from the sidewalk during nonoperating hours of the cafe. Storage of these items outside may be authorized with Zoning Administrator approval of a minor use permit. E. 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 kept in a clean and safe condition. F. Food and Beverages: A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining i
t 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 kept in a clean and safe condition. F. Food and Beverages: A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining i
t 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 kept in a clean and safe condition. F. 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 Planning Director 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.
- 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 Planning 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.
mers 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 Planning 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.
G. 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 with Zoning Administrator approval of a minor 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 with Zoning Administrator approval of a minor use permit. H. Power to Prohibit Operation of the Sidewalk Cafe: 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. I. 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. J. 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. K. 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. (Ord. 1139, §2 (Exh. A, 5.080), adopted 2012)
§9224.9 RESTAURANT – FORMULA FAST FOOD ¶
A formula fast food restaurant shall comply with the requirements of this section when allowed by Table 3: Allowed Uses and Permit Requirements.
A. Purpose: The purpose of this section is to maintain the character of the area by limiting the type and number of formula fast food restaurants within the boundaries of the code in order to reduce their impact on the existing character of the area which is predominantly defined by smaller buildings, historic architecture, smaller walkable blocks, and smaller, independently owned businesses each with its own unique visual appearance, character, and offerings of goods and services. B. Formula Fast Food Restaurant – Prohibited: New restaurants meeting the definition of “Restaurant – Formula Fast Food” included in section 9232 of this code, Glossary, are prohibited within the boundaries of this code. C. Formula Fast Food Restaurant – Exemptions: Establishments meeting the definition of the exemption to “Restaurant – Formula Fast Food” shall be subject to the permit requirements established by Table 3: Allowed Uses and Permit Requirements, for “Restaurant, cafe, coffeehouse.” D. Requirements for Formula Fast Food Restaurant – Exemptions: Establishments meeting the definition of the exemption to “Restaurant – Formula Fast Food” shall be allowed within the boundaries of this code in compliance with the following requirements: 1. Number: As of the date of the adoption of this code, no more than four (4) additional businesses consistent with the exemptions allowed to “Restaurant – Formula Fast Food” in section 9232 of this code, Glossary, shall be allowed within the boundaries of this code. 2. Storefront Size: The maximum storefront width shall not exceed thirty lineal feet (30'). 3. Site Development Permit: Approval of a site development permit is required for any exterior building modifications. A site development permit application shall include the following as well as the items required by subsection 9263B of this code. a. Design: Buildings shall be designed so that facades, signs and other appurtenances have an integrated, harmonious and attractively arranged appearance, and in size and manner will not adversely affect the appearance of surrounding development. b. Sign Design: The use of halo-lit signs and dye-cut metal sign panels with individually illuminated letters or logos, alternative materials or lighting solutions, and/or adjustments to the scale of trademarks or logos may be required in place of internally illuminated or box type signs. c. Sign Lighting: Internally illuminated signs are prohibited. d. Window Signs: Advertising or any display of the corporate logo in the windows is prohibited. e. Modifications: Modifications to the extent, size, or scale of the color scheme, trademark, service mark, signage and/or decor used throughout the exterior of the establishment may be required in order to mitigate contrasting color schemes and/or harmonize and be compatible with the color scheme, trademark, service mark, signage and/or decor/design of the surrounding neighborhood. f. Trash Disposal Plan: A “Trash Disposal Plan” shall be prepared and approved by the decision making authority. The plan shall address litter control, trash collection, on-site storage, and pickup on a regular basis. The plan shall include proof of a contract with the City disposal contractor, and specify that such a contract shall be maintained as a requirement for the issuance and retention of the site development permit. (Ord. 1139, §2 (Exh. A, 5.090), adopted 2012) §9224.10 CONDOMINIUMS New construction of condominiums and conversion of existing buildings to condominiums shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements. A. Permit Requirements: New construction of condominiums and conversion of existing buildings to condominium are subject to City Council approval of a tentative subdivision map in addition to the permit requirements established by Table 27: Site Development Permit Procedures. B. Development Standards: Construction of new condominiums and conversion of existing buildings to condominiums shall comply with the development standards included in this article for the specific zoning district in which the property is located. Condominiums within the boundaries of the downtown zoning code are not subject to the requirements of Chapter 2, Article 12 of this division: Condominium Developments. C. Density: As determined by the General Plan land use designation for the parcel on which the condominium project is located. D. Minimum Lot Size: As determined by Table 4: Site Development Standards. E. Required Parking: The number of parking spaces required shall be provided as prescribed by section 9228.2 of this code. The number of parking spaces required may be reduced as allowed by section 9228.3 of this code. F. Location of Parking: Parking shall be located as prescribed by section 9228.5 of this code. G. Usable Outdoor Space: Usable outdoor space as defined in section 9232 of this code, Glossary, shall be provided as a part of a condominium project and shall comply with the following requirements: H. Private Outdoor Space: A minimum of thirty (30) square feet of private outdoor space shall be provided for each unit. Private outdoor space shall have a minimum depth of three feet (3') and a maximum slope of ten percent (10%). I. Common Outdoor Space: Common outdoor space may be provided in lieu of private outdoor space. J. Storage: A minimum of forty (40) square feet of covered, secure storage shall be provided for each condominium unit. Relief from this requirement may be authorized as part of the discretionary permit required for the project. If no discretionary permit is required, relief from this requirement may be authorized with Zoning Administrator approval of a minor use permit. (Ord. 1139, §2 (Exh. A, 5.100), adopted 2012)
m of forty (40) square feet of covered, secure storage shall be provided for each condominium unit. Relief from this requirement may be authorized as part of the discretionary permit required for the project. If no discretionary permit is required, relief from this requirement may be authorized with Zoning Administrator approval of a minor use permit. (Ord. 1139, §2 (Exh. A, 5.100), adopted 2012)
§9224.11 LIVE/WORK UNITS
A live/work unit shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.
A. Purpose: This section provides standards for the development of new live/work units and for the reuse/conversion of existing commercial structures to live/work units. Live/work units are required to be occupied by business operators who live in the same structure that contains the commercial activity. A live/work unit is intended to accommodate both living and work space. The work-related activities are beyond the scope of a home occupation.
B. Limitations on Use: The nonresidential component of a live/work project shall be a use allowed by Table 3: Allowed Uses and Permit Requirements. A live/work unit shall not be established in conjunction with any of the following activities:
adult entertainment business/adult cabaret;
vehicle maintenance or repair;
occupancy classified as Class H occupancy by the California Building Code;
any use that includes the storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
welding, machining, or any open flame work; or
any other activity or use determined by the Planning Director not to be compatible with residential activities and/or having the potential to affect the health or safety of live/work residents because the use may possibly create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.
C. Density: Live/work units shall comply with the maximum density requirements of the applicable General Plan land use designation and zoning district.
- D. Design Standards:
Floor Area Requirements: The minimum net total floor area of a live/work space shall be one thousand (1,000) square feet. All floor area other than that reserved for working space shall be reserved and regularly used for living space.
Separation and Access: Each live/work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or public street sidewalk; and access to each unit shall be clearly separate from other live/work uses within the structure.
Facilities to Accommodate Commercial Activities: A live/work unit shall be designed to accommodate commercial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity.
Integration of Living and Working Space: Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated (or occupied and/or separately rented) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.
Mixed Occupancy Buildings: If a building contains mixed occupancies of live/work and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between live/work units and other occupancies, as determined by the Building Official.
E. Operating Requirements: 1. Occupancy: A live/work unit shall be occupied and used only by the operator of the business located within the unit, or a household of which at least one member shall be the business operator. 2. Sale or Rental of Portions of Unit: No portion of a live/work unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit. 3. Notice to Occupants: The owner or developer of any building containing live/work units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of dust, noise, fumes, or other effects associated with commercial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial properties in the applicable zone. 4. Nonresident Employees: Up to three (3) persons who do not reside in the live/work unit may work in the unit unless this employment is prohibited or limited by a use permit. The employment of more than three (3) persons who do not reside in the live/work unit may be allowed subject to approval of a use permit, based on findings that the employment will not adversely affect traffic and parking conditions in the vicinity of the site. The employment of any persons that do not reside in the live/work unit shall comply with all applicable building code requirements. F. Changes in Use: After approval, a live/work unit shall not be converted to entirely residential use unless authorized through minor use permit approval. Minor use permit approval shall require that the Zoning Administrator first find that the exclusively residential use will not impair the ability of nonresidential uses adjacent to the site to continue operating because of potential health and safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. G. Required Findings: The approval of a live/work unit shall require that the review authority first make all of the following findings: 1. The proposed use of each live/work unit is a bona fide commercial activity consistent with subsection B of this section (Limitations on Use). 2. The establishment of the live/work unit would not conflict with nor inhibit commercial uses in the area where the project is proposed. 3. Any changes to the exterior appearance of the building will be compatible with adjacent commercial uses where all adjacent land is zoned for commercial uses. If there is adjacent residentially zoned land, the proposed changes in the building will make the commercial building being converted more compatible with the adjacent residential area. (Ord. 1139, §2 (Exh. A, 5.110), adopted 2012) §9224.12 MIXED-USE PROJECTS
erior appearance of the building will be compatible with adjacent commercial uses where all adjacent land is zoned for commercial uses. If there is adjacent residentially zoned land, the proposed changes in the building will make the commercial building being converted more compatible with the adjacent residential area. (Ord. 1139, §2 (Exh. A, 5.110), adopted 2012) §9224.12 MIXED-USE PROJECTS
Mixed-use projects shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements. A. Design Objectives: A mixed-use project shall be designed to: 1. Provide shopfronts along street frontages to maintain a pedestrian orientation at the street level. Residential developments, including live/work, shall be designed such that ground level units may be converted to retail/commercial shopfronts and to establish a clear, functional design relationship to the street front. 2. Provide for internal compatibility among different uses within the project. 3. Minimize the effects of any exterior noise, odors, glare, vehicular and pedestrian traffic, and other potentially significant impacts on the residential portions of the project to allow a compatible mix of residential and nonresidential uses on the same site. 4. Include specific design features to minimize the potential impacts of the mixed-use project on adjacent properties. 5. Ensure residential units are of a residential character and that privacy between residential units and between other uses on the site is maximized. 6. Be compatible with and enhance the adjacent and surrounding neighborhood in terms of site planning, scale, building design, color, exterior materials, roof styles, lighting and landscaping. B. Mix of Uses: A mixed-use project may combine residential units with any other use, or combinations of uses allowed by Table 3: Allowed Uses and Permit Requirements; provided, that where a mixed-use project is proposed with a use which requires approval of a use permit, the entire mixed-use project shall be subject to that use permit requirement. C. Location of Residential Uses: A mixed-use project that provides commercial and/or office space on the ground floor with residential units above (vertical mixed-use) is encouraged over a project that provides commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mixed-use). D. Maximum Density: When residential units are combined with office or retail commercial uses in a single building or on the same site, the maximum density allowed by the applicable General Plan land use designation and zoning district shall be calculated on the basis of the total area of the parcel. 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. E. Loading Areas: Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible and in compliance with section 9225 of this code, Site and Building Development Standards.
ments or other dedications for public purposes which are contiguous to the property lines of the parcel. E. Loading Areas: Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible and in compliance with section 9225 of this code, Site and Building Development Standards.
F. Trash and Recycling: Areas for the collection and storage of refuse and recyclable materials shall be located on the parcel in location(s) convenient for both the residential and nonresidential uses and in compliance with section 9225 of this code, Site and Building Development Standards.
G. Lighting: Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units and in compliance with section 9225 of this code, Site and Building Development Standards.
H. Noise: All nonresidential units shall be designed to minimize their adverse impacts on residential units, in compliance with City noise regulations.
I. Nonresidential Hours of Operation: A mixed-use project proposing a commercial component that will operate outside normal business hours (eight o’clock (8:00) A.M. to six o’clock (6:00) P.M.) shall require Zoning Administrator approval of a minor use permit to ensure that the commercial use will not negatively impact the residential uses within the project. (Ord. 1139, §2 (Exh. A, 5.120), adopted 2012; Ord. 1189, §2, adopted 2018)
§9224.13 SECOND UNITS ¶
A second unit shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.
A. Accessory Use: Second units are allowed accessory to a single-family residence where allowed by Table 3: Allowed Uses and Permit Requirements. B. Attached or Detached: A second unit may be attached to a single-family residence or detached as a separate structure. C. Architecture: 1. Existing Single-Family Home – No Modifications: When a second unit will be constructed accessory to an existing single-family home and the exterior of the single-family home will not be modified, the second unit shall incorporate the same or substantially similar architectural design and details, and building materials as the existing single-family home.
- Existing Single-Family Home – Modifications: When a second unit will be constructed accessory to an existing single-family home and the exterior of the single-family home will be modified, the modifications to the single-family home and the design of the second unit shall comply with the applicable development standards requirements of this code. 3. New Single-Family Home: When a second unit will be constructed at the same time as a new single-family home, the second unit and single-family home shall comply with the development and architectural standards of this code. D. Access: The second unit shall have a separate door. In the event of an attached unit, the entrance to the second unit may be located along the front of the existing single-family residence only when the entrance and address is obviously visible from the street in front of the residence. E. Density: Second units are exempt from the density calculation. F. Development Standards: A second unit shall comply with the development standards of the zoning district in which the second unit is located. For parcels that adjoin a differently zoned parcel, the side and rear yard setbacks shall be as determined by the zoning of the parcel on which the second unit would be located or the adjoining parcel(s), whichever is greater. G. Conversion: Existing structures proposed for conversion to a second unit shall comply with the development standards of the zoning of the parcel on which the second unit would be located. H. Parking: Parking shall be provided for the single-family residence as required by the zoning district in which the parcel is located. One additional parking space per bedroom shall be provided for the second unit. The parking spaces for the single-family residence and the second unit shall be independently accessible. I. Owner Occupancy: One of the units on the parcel shall be occupied by the owner of the property. J. Rental: The second unit may be used for rental purposes.
zoning district in which the parcel is located. One additional parking space per bedroom shall be provided for the second unit. The parking spaces for the single-family residence and the second unit shall be independently accessible. I. Owner Occupancy: One of the units on the parcel shall be occupied by the owner of the property. J. Rental: The second unit may be used for rental purposes.
K. Size: The maximum size of a second unit shall be seven hundred fifty (750) square feet. L. Subdivision: These regulations do not allow the division of property upon which a second unit is located unless all requirements of the applicable zoning district, and any other requirements of this code, are met. M. Code Compliance: The second unit shall meet all applicable building and fire codes and shall have electric, water, and sewer service provided through the City with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for a second unit. (Ord. 1139, §2 (Exh. A, 5.130), adopted 2012)
§9224.14 SINGLE ROOM OCCUPANCY FACILITIES ¶
A single room occupancy (SRO) facility shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.
A. Purpose: The provisions of this section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these units. B. Development Standards: 1. Single Room Occupancy Facilities: a. Density: An SRO facility is not required to meet the density standards of the General Plan. b. Common Area: Four (4) square feet per living unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial facilities and common hallways. c. Laundry Facilities: Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every ten (10) units or fractional number thereof, with at least one washer and one dryer per floor. d. Cleaning Supply Room: A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. 2. Single Room Occupancy Units: a. Unit Size: An SRO unit shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet. b. Occupancy: An SRO unit shall accommodate a maximum of two (2) persons. c. Bathroom: An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and a sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common facilities shall be provided in accordance with the building code for congregate residences with at least one full bathroom per floor. d. Kitchen: An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top or oven. A partial kitchen is at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor. e. Closet: Each SRO unit shall have a separate closet. f. Code Compliance: SRO units shall comply with all requirements of the building code. C. Accessibility: All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible. D. Management: 1. Facility Management: An SRO facility with ten (10) or more units shall provide on-site management that includes a manager’s unit on the premises. An SRO facility with less than ten (10) units shall provide a management office on site. 2. Management Plan: A management plan shall be submitted with the development application for an SRO facility and shall be approved by the City. The management plan shall address management and operation of the facility, rental procedures, safety and security of residents, and building maintenance.
premises. An SRO facility with less than ten (10) units shall provide a management office on site. 2. Management Plan: A management plan shall be submitted with the development application for an SRO facility and shall be approved by the City. The management plan shall address management and operation of the facility, rental procedures, safety and security of residents, and building maintenance.
E. Vehicle Parking: Off-street parking shall be provided at a rate of 0.50 spaces per unit (two (2) units would require one parking space).
F. Bicycle Parking: Secure bicycle parking shall be provided at a rate of 0.50 spaces per unit (two (2) units would require one parking space).
G. Tenancy: Tenancy of SRO units shall be limited to thirty (30) or more days.
H. Existing Structures: An existing structure may be converted to an SRO facility when in compliance with the provisions of this section. (Ord. 1139, §2 (Exh. A, 5.140), adopted 2012)
§9224.15 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS ¶
Specialty food and beverage sales with tastings shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit 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 Zoning Administrator approval of a minor use permit.
B. Live Entertainment: Live entertainment is allowed in compliance with section 9224.6 of this code and may perform until eight o’clock (8:00) P.M. Other arrangements for live entertainment may be authorized with Zoning Administrator approval of a minor use permit.
C. Outdoor Seating: Outdoor seating is allowed in compliance with the applicable requirements for outdoor dining included in section 9224.7 of this code or sidewalk cafes in section 9224.8 of this code.
D. Minor Use Permit: An application for a minor 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 with Zoning Administrator approval of a minor use permit. An application for a minor use permit shall address the following considerations:
Potential for loitering.
Adequacy of lighting for security and safety purposes.
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.
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.
Comments from the Ukiah Police Department and Fire Department, including a projection of the increased burden to providing police services, potential for the use to add to law enforcement problems in the area and/or to contribute to or aggravate an existing crime problem in the area.
The potential for the need for annual review of the use permit.
Other information deemed necessary on a case-by-case basis.
E. Minor Use Permit Findings: The above considerations shall be incorporated as findings for approval, conditional approval, or disapproval of a use permit for a specialty food and beverage sales with tastings in addition to the findings required by subsection 9262E of this code. (Ord. 1139, §2 (Exh. A, 5.150), adopted 2012)
§9225 SITE AND BUILDING DEVELOPMENT STANDARDS ¶
§9225.1 PURPOSE ¶
The purpose of section 9225 of this code is to produce an environment of stable and desirable character that is compatible with existing and future development and that protects the use and enjoyment of neighboring properties. (Ord. 1139, §2 (Exh. A, 6.010), adopted 2012)
§9225.2 APPLICABILITY ¶
Proposed development, redevelopment, subdivision, building, site work, demolition, restoration, renovation or improvements within the boundaries of this code shall comply with each of the development standards in sections 9225 through 9230 of this code for the zoning district in which the parcel is located.
Table 4: Site Development Standards
| STANDARDS (1) |
GENERAL URBAN GU |
URBAN CENTER UC |
DOWNTOWN CORE DC |
MODIFICATION TO STANDARD (2) |
|---|---|---|---|---|
| RESIDENTIAL DENSITY (Also Subject to Airport Zone Restrictions) (3) |
||||
| Minimum | 10 units/acre | 15units/acre | 15units/acre | Major Exception |
| Maximum (4) | 28 units/acre | 28 units/acre | 28 units/acre | Major Exception |
| BLOCK PERIMETER | ||||
| Maximum (5) | 1,500 lineal feet |
1,400 lineal feet |
1,000 lineal feet | Major Exception |
| Maximum w/ Anchor Building or Parking Structure |
2,000 lineal feet |
2,000 lineal feet |
2,000 lineal feet | Major Exception |
| LOT STANDARDS (6) (Also Subject to Airport Zone Restrictions) |
||||
| Lot Size – Interior (7) (8) |
4,500 square feet |
4,500 square feet |
2,500 square feet |
Major Exception |
| Lot Size – Corner (7) (8) |
5,000 square feet |
5,000 square feet |
3,000 square feet |
Major Exception |
| Lot Width (7) (8) | 30 feet minimum |
30 feet minimum |
30 feet minimum |
Major Exception |
| Lot Depth (7) (8) | 70 feet minimum |
70 feet minimum |
70 feet minimum |
Major Exception |
| Lot Coverage | 70% maximum | 80% maximum |
90% maximum | Major Exception |
| Lot Coverage with Structured |
70% maximum | 100% maximum |
100% maximum | Major Exception |
| GENERAL | URBAN DOWNTOWN |
MODIFICATION | ||
| --- | --- | --- | --- | |
| STANDARDS | URBAN | CENTER CORE |
TO STANDARD | |
| (1) | GU | UC DC |
(2) | |
| Parking | ||||
| Lot Configuration | Rectilinear | Major Exception | ||
| Lot Orientation | Front on a Thoroughfare | Major Exception | ||
| BUILDING TYPES | (See Table 5) | |||
| Courtyard | Allowed | Allowed Allowed |
Major Exception | |
| Rear Yard | Allowed | Allowed Allowed |
Major Exception | |
| Side Yard | Allowed | Allowed Prohibited |
Major Exception | |
| Edge Yard/Other | Prohibited | Prohibited Prohibited |
Major Exception | |
| CIRCULATION STANDARDS | ||||
| See section 9230 of this code | ||||
| PARKING REQUIREMENTS and DESIGN STANDARDS | ||||
| See section 9228 of this code | ||||
| LOADING DOCKS, SERVICE AREAS, DRIVE-THROUGH LANES | ||||
| See Table9: Development Standards for All Land Uses |
See section 9232 of this code, Glossary, for an explanation of terms.
See section 9231 of this code, Administration and Procedures. 3. Any nonresidential project exceeding a density of 90 people per acre is required to be referred to the Airport Land Use Commission for compatibility review.
General Plan amendment is required in order to exceed the maximum density, except projects that meet State requirements for affordable housing projects which are eligible for a density bonus as allowed by State law.
Alternate circulation methods may be proposed in order to comply with the block perimeter requirements as allowed in section 9230 of this code, Circulation Standards.
All new subdivisions shall comply with these lot standards.
No minimum when development is proposed and constructed as part of the subdivision. See section 9231 of this code, Administration and Procedures. 8. No minimum lot size or dimensions required for condominium projects when development is proposed and constructed as part of the subdivision.
(Ord. 1139, §2 (Exh. A, 6.020), adopted 2012; Ord. 1189, §3, adopted 2018)
§9225.3 BUILDING TYPES ¶
Table 5 illustrates the required location of each building type depicted relative to the frontage lines and lot lines of a parcel and identifies uses often associated with each building type.
Table 5: Building Types
| Building Types | ZONE | |
|---|---|---|
| a. Side Yard. A building that occupies one side of the lot with the setback to the other side. The visual opening of the side yard on the street frontage causes this building type to appear freestanding. A shallow frontage setback defines a more urban condition. If the adjacent building is similar with a blank party wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. Examples of uses often associated with this building type include duplex, multifamily, live/work, and mixed-use. |
GU UC |
|
| b. Rear Yard. A building that occupies the full frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous facade steadily defines the public thoroughfare. The rear elevations may be articulated for functional purposes. In its residential form, this type is the rowhouse. For its commercial form, the rear yard can accommodate substantial |
GU UC DC |
|
| Building Types | ZONE | |
| --- | --- | --- |
| parking. Examples of uses often associated with this building type include duplex, multifamily, live/work, and mixed-use (retail-office, service- office, retail/office-residential). |
||
| c. Courtyard. A building that occupies the boundaries of the lot while internally defining one or more private patios. The building may be open only in the center (as shown) or may be open to one side in a “C” configuration (Figure 3C). This is the most urban of types as it is able to shield the private realm from all sides while strongly defining the public thoroughfare. Examples of uses often associated with this building type include apartments, condominiums,lodging,and mixed-use. |
GU UC DC |
|
| d. Edge Yard. A building that occupies the center of its lot with setbacks on all sides. This is the least urban building type as the front yard sets it back from the frontage, while the side yards weaken the spatial definition of the public thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well-placed accessory building. Edge yard buildings are prohibited in the GU, DC and DC zoning districts. |
i |
Table 6: Principal Building Standards
| STANDARDS (1) (2) |
GENERAL URBAN GU |
URBAN CENTER UC |
DOWNTOWN CORE DC |
MODIFICATION TO STANDARD (3) |
|---|---|---|---|---|
| BUILDING SITING (SETBACKS) | ||||
| Front | 0 ft. minimum 10 ft. maximum |
0 ft. maximum |
0 ft. maximum | Major Exception |
| Front with sidewalk cafe/shopfront |
12 ft. maximum |
12 ft. maximum |
12 ft. maximum | Major Exception |
| Side | 0 ft. minimum 10 ft. maximum |
0 ft. minimum 10 ft. maximum |
0 ft. minimum 6 ft. maximum |
Major Exception |
| Rear | 6 ft. minimum | 6 ft. minimum | 6 ft. minimum | Major Exception |
| Rear – corner lot no alley (4) |
6 ft. maximum | 6 ft. maximum |
6 ft. maximum | Major Exception |
| Rear – with alley (5) |
14 ft. from center line |
14 ft. from center line |
14 ft. from center line |
Major Exception |
| FRONTAGE BUILDOUT | ||||
| Courtyard building (6) |
70% minimum | 70% minimum |
80% minimum | Major Exception |
| Rear yard building (6) |
60% minimum | 70% minimum |
80% minimum | Major Exception |
| Side yard building (6) |
40% minimum | 40% minimum |
Prohibited building type |
Major Exception |
| COURTYARD BUILDING | ||||
| Minimum area of courtyard |
15% of total lot | area | Major Exception | |
| STANDARDS (1) (2) |
GENERAL URBAN GU |
URBAN CENTER UC |
DOWNTOWN CORE DC |
MODIFICATION TO STANDARD (3) |
| --- | --- | --- | --- | --- |
| Minimum dimensions of courtyard |
40 ft. when long axis of courtyard is oriented east-west 30 ft. when long axis of the courtyard is oriented north-south |
Minor Exception | ||
| FRONTAGE TYPE (See Table 8) | ||||
| Terrace/light court |
Allowed | Allowed | Prohibited | Major Exception |
| Forecourt | Allowed | Allowed | Allowed | Major Exception |
| Stoop | Allowed | Allowed | Allowed | Major Exception |
| Shopfront/awning | Allowed (7) | Allowed (7) | Allowed (7) | Major Exception |
| Gallery | Allowed(7) | Allowed(7) | Allowed(7) | Major Exception |
| Arcade | Prohibited | Allowed (7) | Allowed (7) | Major Exception |
| Other | Prohibited | Prohibited | Prohibited | Major Exception |
| BUILDING HEIGHT(8)(9) | ||||
| New building | 2 stories minimum 2 stories maximum (8) |
2 stories minimum 3 stories maximum (8) |
2 stories minimum 4 stories maximum (8) |
Major Exception |
| NUMBER OF BUILDINGS | ||||
| Principal building | 1 | 1 | 1 | Minor Exception |
| Accessory building |
1 | 1 | Prohibited | Minor Exception |
| EXISTING BUILDING | ||||
| Setbacks | Additions not exceeding 1,000 square feet of gross floor area or 50% of the gross floor area of the existing building, whichever is less, may continue the setbacks of the existingbuilding. |
Major Exception | ||
| Height (8) | Additions not exceeding 1,000 square feet of gross floor area or 50% of the gross floor area of the existing building, whichever is less, may continue the existing building height. |
Major Exception | ||
| Frontage type | Exterior modifications (including additions) to buildings with nonconforming frontage types that will affect the building frontage shall utilize an allowed frontage type as required above. |
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. Corner lots have two frontages, one rear and one side. The rear and side shall be determined as part of the project review process. 5. Rear alleys shall not provide the primary or only access to any lot or building. All access shall comply with all fire and emergency access requirements. 6. See Table 5: Building Types, for additional information and examples of each building type. 7. See Figure 9: Special Designations Map, for locations of “Required Storefront Frontages.” 8. Building heights may be superseded by the Mendocino County Airport Comprehensive Land Use Plan height restrictions. Any building being proposed over the story minimum in the B2 Airport Compatibility Zone requires Mendocino County Airport Land Use Commission approval. 9. See Figures 2A and 2B: Building Height. |
Encroachment into the public right-of-way requires approval of an encroachment permit from the Public Works Department.
See section 9232 of this code, Glossary, for an explanation of terms.
See section 9231 of this code, Administration and Procedures.
Corner lots have two frontages, one rear and one side. The rear and side shall be determined as part of the project review process.
Rear alleys shall not provide the primary or only access to any lot or building. All access shall comply with all fire and emergency access requirements.
See Table 5: Building Types, for additional information and examples of each building type.
See Figure 9: Special Designations Map, for locations of “Required Storefront Frontages.”
Building heights may be superseded by the Mendocino County Airport Comprehensive Land Use Plan height restrictions. Any building being proposed over the story minimum in the B2 Airport Compatibility Zone requires Mendocino County Airport Land Use Commission approval.
See Figures 2A and 2B: Building Height.
Table 7: Accessory Building Standards
| STANDARDS | GENERAL URBAN GU |
URBAN CENTER UC |
DOWNTOWN CORE DC |
MODIFICATION TO STANDARD (1) |
|---|---|---|---|---|
| Rear and Side Yard Buildings (2) | ||||
| Front setback | 30 ft. minimum | 30 ft. minimum |
Accessory buildings are prohibited. |
Major Exception |
| Side setback | 0 ft. minimum | 0 ft. minimum | Minor Exception | |
| Rear setback | 3 ft. minimum | 3 ft. minimum | Minor Exception | |
| Rear setback – alley |
14 ft. minimum from center line (3) |
14 ft. minimum from center line (3) |
Major Exception | |
| Height (4) (5) | 2 stories maximum and cannot exceed height of the main building |
2 stories maximum and cannot exceed height of the main building |
Major Exception | |
| Number of buildings |
1 | 1 | Minor Exception | |
| 1. See section 9231 of this code, Administration and Procedures. 2. Accessory buildings are prohibited with courtyard buildings. 3. Public Works and/or the Fire Marshal may require more than the minimum setback. 4. Building heights may be superseded by the Mendocino County Airport Comprehensive Land Use Plan height restrictions. 5. See Figures 2A and 2B. |
See section 9231 of this code, Administration and Procedures.
Accessory buildings are prohibited with courtyard buildings.
Public Works and/or the Fire Marshal may require more than the minimum setback.
Building heights may be superseded by the Mendocino County Airport Comprehensive Land Use Plan height restrictions.
5. See Figures 2A and 2B.
(Ord. 1139, §2 (Exh. A, 6.030), adopted 2012)
§9225.4 BUILDING HEIGHT ¶
The maximum building height allowed is determined by Table 6 for the principal building and Table 7 for an accessory building. Figures 2A and 2B illustrate the building height for the building types allowed in Table 4: Site Development Standards.
Figure 2A: Rear and Side Yard Building Height
Figure 2B: Courtyard Building Height
Measuring Building Height
Building height shall comply with all of the following:
- Building height is determined by the number of stories, not including a raised basement.
See Table 6: Principal Building Standards
Measuring Building Height
See Table 7: Accessory Building Standards
- Each story shall not exceed 14 feet clear. 3. Height is measured to the eave of a sloped roof or the surface of a flat roof. The roof above the eave and the parapet are excluded from the height measurement. 4. Building heights may be superseded by Ukiah Airport Master Plan and Mendocino County Airport Comprehensive Land Use Plan height restrictions.
(Ord. 1139, §2 (Exh. A, 6.040), adopted 2012)
§9225.5 BUILDING SETBACKS ¶
The setbacks required for each building type are determined by Table 6: Principal Building Standards, and based on the zoning of the parcel. Figures 3A, 3B, and 3C illustrate the setbacks for side yard, rear yard and courtyard building types.
==> picture [222 x 358] intentionally omitted <==
Figure 3A: Side Yard Building
Figure 3B: Rear Yard Building
Figure 3C: Courtyard Building
Lot Types Corner Lot This lot type has two “fronts” located on streets that are generally perpendicular (90degree angle) to one another. One front is located on each frontage line. Corner lots have two frontages, one rear lot line, and one side lot line. The rear and side shall be determined as part of the project review process. The setbacks required in Table 6 apply to both “fronts.” Double Frontage Lot (Through Lot) This lot type has two “fronts” located on streets that are generally parallel to each other. One front is located along each frontage. The setbacks required in Table 6 apply to both “fronts.” Interior Lot This lot type has frontage on only one street. Alley Access
Lot Types
Lots may have access from a frontage and/or an alley. Alley access is encouraged, but cannot provide the only access to the parcel.
(Ord. 1139, §2 (Exh. A, 6.050), adopted 2012)
§9225.6 PRIVATE FRONTAGE TYPES ¶
Table 8: Private Frontage Types, illustrates the various frontage types allowed by this code. The specific frontage types allowed are determined by Table 6: Principal Building Standards, and based on the zoning of the parcel.
Table 8: Private Frontage Types
| Private Frontage Types | |||
|---|---|---|---|
| a. Terrace or Light Court: The facade is set back from the frontage line by an elevated terrace or a sunken light court. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes. |
|||
| b. Forecourt: A portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks. |
|||
| c. Stoop: The facade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor residential use. |
|||
| d. Shopfront and Awning: The facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible to within 2 feet of the curb. |
|||
| e. Gallery: The facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery shall be no less than 10 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb. |
|||
| f. Arcade: The facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage line. This type is conventional for retail use. The arcade shall be no less than 12 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb. |
Table 9: Development Standards for All Land Uses
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARD (1) |
|---|---|---|
| LOADING DOCK AND SERVICE AREAS | ||
| Location | Prohibited on frontage(s). | Major Exception |
| Design | Reduce visibility when viewed from frontage(s). |
Major Exception |
| Queuing/Pickup Location |
Adequacy of vehicle queuing capacity and the design and location of the ordering and pickup facilities shall be determined by the review authority. |
Major Exception |
| Screening | Landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets andparkingfacilities. |
Major Exception |
| OUTDOOR STORAGE (2), TRASH/RECYCLING FACILITY AND RECEPTACLES UTILITIES, AND SIMILAR FACILITIES OF POOR VISUAL QUALITY (3) |
||
| Location – All Building Types |
Prohibited on frontage(s). | Major Exception |
| Location – By Building Type |
Side yard building: 3rd layer Rear yard building: 3rd layer Courtyard building:4th layer |
Minor Exception |
| Screening (6) see Site Screening below |
Screen from view from all frontage(s) with a streetscreen. Trash and recycling facilities shall be screened with an enclosure. |
Major Exception |
| Screening – Material | Material shall be compatible with the main building or landscaping that is consistent with the landscaping on the site and building design. |
Minor Exception |
| Size | As required by the City’s trash and recycling contractor. |
Minor Exception |
| DRIVE-THROUGH FACILITY (2)(4) | ||
| Design | To reduce noise and visual impacts as viewed from frontages. On a project by project basis, screening and landscaping may be required in order to comply with this requirement. |
Major Exception |
| Location | Prohibited on frontage(s). In areas with residential uses, locate to reduce exposure of residential uses to noise, exhaust, and visual impacts. On a project by project basis, delivery hours may be restricted in order to comply with this requirement. |
Major Exception |
| Screening see Site Screening below |
Screen from view from all frontage(s). | Major Exception |
| FENCING (5) | ||
| Height – 3 Feet Maximum |
Between the frontage line (lot line) and front setback or building facade, whichever is greater. |
Major Exception |
| Height – 6 Feet Maximum |
Outside of the maximum required front setback or behind the building facade, whichever distance is greater. |
Major Exception |
| Height – Measurement |
Measured from the grade adjacent to the fence to the top of the fencing material. Fence height cannot be averaged. |
Major Exception |
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARD (1) |
| --- | --- | --- |
| Location | Prohibited between the building facade(s) and frontage line(s) (lot line). |
Major Exception |
| Material – Allowed | Materials compatible with or match materials for the adjacent building facade and living fences (e.g., espalier, hedge row) are also allowed. |
Minor Exception |
| Material – Prohibited | Barbed wire, concertina wire, chain link, cyclone, and similar with or without screening slats and similar as determined by the Planning Director. |
Major Exception |
| SITE SCREENING(STREETSCREEN) (6) | ||
| Height – Intersection | 30-inch maximum height within 30 feet of an intersection (5). |
None (7) |
| Height – Outdoor Storage |
3 feet minimum; 6 feet maximum. | Minor Exception |
| Height – ParkingLot | 3feet maximum. | Major Exception |
| Height – More Than 4 Feet |
Articulated to avoid blank wall. | Minor Exception |
| Material | Masonry walls, landscape materials, or decorative fencing compatible with the design and materials of the principal building. |
Minor Exception |
| Openings | Minimum necessary to provide vehicular (including emergency vehicles and garbage and recyclingvehicles)andpedestrian access. |
Minor Exception |
| ROOFTOP EQUIPMENT AND SCREENING (6) | ||
| Equipment – Height | 10 feet maximum. | Minor Exception |
| Equipment – Location | Reduce visibilityfrom all frontage(s). | Minor Exception |
| Screening – Design | Consistent with building design (materials, colors, form). |
Minor Exception |
| Screening – Flat Roof | Minimum parapet height of 42 inches or taller as needed to screen rooftop equipment and approved by the Planning Department. |
Minor Exception |
| OUTDOOR LIGHTING(including parkinglots) | ||
| Design | Compatible with building architecture. | Minor Exception |
| Direction of Fixtures | Directed downward and away from adjoining properties andpublic right-of-way. |
Major Exception |
| Energy Efficiency | Energy efficient fixtures/lamps, such as high pressure sodium, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater energy efficiency. |
Minor Exception |
| Fixtures | Hooded and/or shielded to force light downward and to prevent emission of light or glare beyond the property line. Fixtures approved by the International Dark Sky Association are encouraged. |
Major Exception |
| Glare/Reflection | Confined to the maximum extent feasible within the boundaries of the site. A photometric plan may be required in order to determine compliance with this requirement. |
Minor Exception |
| Height | Maximum of 12 feet or the height of the building, whichever is less. |
Minor Exception |
| Hours | All nonessential lighting shall be turned off after 11:00 p.m. except as allowed by safety and security, below. |
Minor Exception |
| Prohibited | Blinking, flashing, or unusually high intensity of brightness as determined by the Planning Director. |
Major Exception |
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARD (1) |
| --- | --- | --- |
| Safety and Security During Business Hours |
All areas having frequent vehicular and/or pedestrian traffic shall be equipped with a lightingdevice duringthe hours of darkness. |
Minor Exception (8) |
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARD (1) |
|---|---|---|
| 1. See section 9231 of this code, Administration and Procedures. 2. When allowed by Table 3: Allowed Uses and Permit Requirements. 3. Such as A/C units, utility transformers and boxes, and direct vent fireplaces. 4. Drive-through lane/facility is subject to Planning Commission approval of a site development permit. 5. Subject to review and approval of the Public Works Department to ensure adequate sight distance. 6. Planning Department approval of screening required when not part of a project that requires discretionary review. 7. No exception allowed to increase height due to safety. 8. Police Department review and approval required as part of the minor exception process in order to ensure adequate safety and security. |
- (Ord. 1139, §2 (Exh. A, 6.060), adopted 2012)
§9225.7 LAYERS ¶
Certain improvements are allowed only in a specific layer as prescribed by Table 9: Development Standards for All Land Uses, and Table 17: Parking Design Standards. Figures 4A and 4B illustrate the layers based on building type (side yard, rear yard, or courtyard).
Figure 4A: Side Yard and Rear Yard Buildings – Corner Lot and Interior Lot
Figure 4B: Courtyard Building – Corner Lot and Interior Lot
Side Yard and Rear Yard Buildings 1st layer is located between the front lot line and the required setback line or facade line. 2nd layer is the first 20 feet behind the 1st layer. 3rd layer is the portion of the lot that is not the 1st or 2nd layer. Utility boxes, HVAC units, direct vent fireplaces and similar accessory site features in 3rd layer only. Trash facilities/recycling, outdoor storage yard in 3rd layer only. Open parking is allowed only in the 3rd layer. See Table 17: Parking Design Standards. Loading docks, services areas, and trash/recycling facilities prohibited on frontage(s). Drive-through lane prohibited on frontage(s). Courtyard Buildings 1st layer is located between the front lot line and the required setback line or facade line. 2nd layer is the first 20 feet behind the 1st layer. 3rd layer is the portion of the lot that is behind the 2nd layer and includes the courtyard. 4th layer is the portion of the lot that is not the 1st, 2nd, or 3rd layers. Utility boxes, HVAC units, direct vent fireplaces and similar accessory site features in 4th layer only. Trash facilities/recycling, outdoor storage yard in 4th layer only. Open parking is allowed only in the 4th layer. See Table 17: Parking Design Standards. Loading docks, service areas, and trash/recycling facilities prohibited on frontage(s). Drive-through lane prohibited on frontage(s).
Table 10: Landscaping Standards for All Developments
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARDS (1) |
|---|---|---|
| General Requirements | ||
| Dimensions | Minimum of 3 feet interior width for landscaped areas without trees. Minimum of 4 feet interior width for landscaped area with trees. |
Minor Exception |
| Height | Shall comply with height limits for vision triangles. |
Minor Exception (2) |
| Hydrozones | Plants with similar water requirements shall be grouped together. |
Minor Exception |
| Irrigation | All landscaped areas shall be provided with an automatic irrigation system, except those areas landscaped with native plants not requiring irrigation. |
Minor Exception |
| Plans | Landscaping plan is required. | None |
| Model Water Efficiency Landscape Ordinance (MWELO) |
Landscaping and irrigation plans for development projects shall comply with the State of California Model Water Efficiency Landscape Ordinance. Landscaping and irrigation plans submitted as part of the development permit application shall demonstrate compliance with the most recently adopted version of the MWELO unless superseded by City ordinance. |
None |
| Safety – Location/Size of Planting at Maturity |
Shall not interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic; conflict with overhead power lines; or block pedestrian or bicycle ways. |
None |
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARDS (1) |
| --- | --- | --- |
| Species (3) | Species shall be selected based on their adaptability to climatic, geological and topographical conditions of the site. Native, drought tolerant species known to grow well in Ukiah’s climate are encouraged. |
As allowed by Tables 21 – 26 |
| Trees (4)(5) | ||
| Existing | Shall be retained and preserved as required in section 9229 of this code, Tree Preservation and Planting Requirements. |
As allowed by Tables 18 and 19 |
| Location | Shall not be planted under any eave, overhang, balcony, light standard, or other structure that mayinterfere with normalgrowth. |
Minor Exception (2) |
| Root Barriers | Required for tree planters less than 10 feet in width or located less than 5 feet from a permanent structure. |
Minor Exception (2) |
| Parking Lot Trees |
See section 9229 of this code, Tree Preservation and Planting Requirements. |
As allowed by Tables 24 and 25 |
| Street Trees – Spacing |
1 street tree every 30 feet of parcel frontage (5) See subsection9229.4E6 of this code. |
None |
| Street Trees – Species, Additional Requirements |
See section 9229 of this code, Tree Preservation and Planting Requirements. |
As allowed by Tables 21 – 23 |
| Groundcover and Shrubs | ||
| Groundcover | Minimum 1 gallon and appropriately spaced in accordance with size at maturity. |
Minor Exception |
| Shrubs | Minimum 5 gallon and appropriately spaced in accordance with size at maturity. |
Minor Exception |
| Turf | Is discouraged. Any turf area shall be kept to a minimum and used only where a practical need can be demonstrated as part of the landscaping plan. |
Minor Exception |
| Crushed Rock, Pebbles, Stone, Similar Materials |
Maximum of 15% of the total area to be landscaped. |
Minor Exception |
| Planting Beds | Top dressed with a bark chip mulch or other approved alternative. |
Minor Exception |
| Artificial or Synthetic Groundcover or Shrubs |
Prohibited. | Major Exception |
| Irrigation | ||
| Design | To reduce water usage. | None |
| Plans | Conceptual irrigation plan is required as part of the landscaping plan. |
None |
| Maintenance Requirements | ||
| Fertilizer | Only used on trees during planting. Shrubs may receive periodic fertilizer according to the recommendations of a landscaping professional. |
None (6) |
| Irrigation | In workingconditions at all times. | None(6) |
| Litter | Removed from landscaped areas on a regular basis. |
None (6) |
| Pruning (7) | All trees shall be properly pruned. Top cutting of trees is prohibited. All pruning shall follow industry best practices to ensure long-term health and vitality. |
None (6) |
| MODIFICATION | ||
| --- | --- | --- |
| TO | ||
| STANDARDS | ALL ZONES | STANDARDS (1) |
| Replacement – | Any landscaping that dies, fails to grow or is | None (6) |
| Tree, Shrub, | unhealthy due to pests, damage, disease, | |
| Groundcover | vandalism, or other factors shall be replaced | |
| immediately. | ||
| Replacement shall conform to the standards that | ||
| govern the original planting, approved | ||
| landscaping plan, or as approved by the Planning | ||
| Director. | ||
| Stakes – | Ties and stakes to be inspected by the property | None (6) |
| Inspection | owner or their designated representative every 6 | |
| months to ensure they do not constrict the trunks | ||
| or damage the tree. | ||
| Stakes – | Ties and stakes to be removed by the property | None (6) |
| Removal | owner or their designated representative after 1 to | |
| 3 years to ensure they do not damage the trunk of | ||
| the tree or its overall growth. | ||
| Turf Areas | Mowed on a regular basis and kept green and | None (6) |
| weed free at all times. | ||
| Watering | Regular slow deep watering when feasible, | None (6) |
| fluctuating to provide more water in the summer | ||
| and less water in the winter. (8) | ||
| Weed Killer | Shall not be used on or near trees. | None (6) |
See section 9231 of this code, Administration and Procedures.
Modification to this standard requires review and approval of the Planning Department, Public Works Department, Fire Department and Electric Utility Department as applicable to the specific project.
See Tables 20 – 25 for specific species requirements for street trees, parking lots and riparian corridors.
Where the requirements of this table conflict with the requirements of section 9228 of this code, Parking Standards and Procedures, the requirements of section 9229 of this code shall control.
Where the requirements of this table conflict with the requirements of section 9229 of this code, Tree Preservation and Planting Requirements, the requirements of section 9229 of this code shall control.
Maintenance requirements are provided to ensure the long-term health and viability of landscaping and trees. No modification to maintenance requirements is allowed.
For information regarding proper pruning techniques, see the International Society of Arboriculture website, www.isa-arbor.com.
Turf areas are not required to be kept green during times of mandatory water conservation, water moratorium, or a declared water emergency.
(Ord. 1139, §2 (Exh. A, 6.070), adopted 2012)
§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.
Existing buildings with nonconforming frontage types may retain the existing facade when making interior modifications that do not affect the exterior of the building.
Refer to Figure 9: Special Designations Map, for locations of “required” and “recommended” storefront frontages.
Where shopfront frontage is required by Figure 9: Special Designations Map.
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.
Encroachment into the public right-of-way may be allowed with approval of the review authority and the Public Works Department.
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 ¶
§9227.1 HISTORICAL BUILDING STANDARDS ¶
All proposed modifications to buildings listed on the City’s Historical and Architectural Inventory or buildings that are more than fifty (50) years old shall comply with the standards in Table 13. The age of the building shall be supported by documentation that is acceptable to the review authority (Planning Commission, Zoning Administrator, Planning Department).
Table 13: Historical Building Standards
| Table 13: Historical Building Standards | ||
|---|---|---|
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARD |
| MODIFICATIONS AND DEMOLITION | ||
| Additions | New additions shall be designed and constructed so that the character-defining features of the historic building are not radically changed, obscured, damaged, or destroyed in the process of rehabilitation. New design should always be clearly differentiated so that the addition does not appear to be part of the historic resource. |
Major Exception |
| Demolition (as defined by subsection 3016A of this code) |
Allowed only with City Council approval consistent with section 3016 of this code. |
section 3016 of this code |
| Facade Modification – Significant |
Allowed only with City Council approval consistent with section 3016 of this code. |
section 3016 of this code |
| Improvement – Rehabilitation, Restoration, Preservation, Reconstruction |
Reflect a period of the building’s development consistent with its historical, cultural, or architectural importance or interest. |
Major Exception |
| Residential Building – Conversion of Use |
Preserve the residential characteristics of the building’s original architecture. |
Major Exception |
| Residential Building – Renovation |
Preserve residential characteristics of the building’s original architecture. |
Major Exception |
| Structural Modification – Major |
Preserve the building facade if the building cannot be preserved. |
Major Exception |
| STOREFRONTS | ||
| Existing Original | Retain original location, proportion, and details. |
Major Exception |
| Restore Original | When the original storefront has been removed or significantly modified, restore the original storefront. The restoration shall be based on documentation of the design of the original storefront. Where no documentation exists, the design may be based on documentation of the design of the storefront for similar buildings of the same era. |
Major Exception |
| New | Where no documentation of the original exists, traditional or modern design and materials may be proposed provided they do not detract from the building or neighboring properties. |
Major Exception |
| Proportions – Original | Maintain when performing a rehabilitation, restoration, preservation or reconstruction. |
Major Exception |
| DOORS | ||
| Original – Existing | Original door openings and trim on facades shall be maintained in their unaltered condition. |
Major Exception (3) |
| Original – Restore | When the original door(s) have been relocated, replaced, or modified, doors consistent with the original historic doors may be approved with documentation of the original doors. |
Major Exception (3) |
| Modification to Original |
Elimination, addition, or modification of the original size, location, and shape of facade door openings isprohibited. |
Major Exception (3) |
| Replacement – Design | The design of replacement doors shall reflect the character and style of the building. |
Major Exception |
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARD |
| --- | --- | --- |
| Replacement – Materials |
Replacement of original materials shall be in-kind materials. Replacement of nonoriginal materials shall be compatible with the materials for the building. |
Major Exception |
| WINDOWS | ||
| Openings – Elimination and Addition |
Elimination of existing and addition of new openings is prohibited on facades and highly visible elevations. |
Major Exception (3) |
| Original | Maintain and repair original openings, trim and anyshutters. |
Major Exception |
| Replacement – Nonoriginal Windows |
Modification to the opening is prohibited. When the opening is in its original location, modification of the opening is prohibited. Based on documentation, the opening may be modified or relocated to restore the original window opening(s). |
Major Exception |
| Replacement Materials – Nonoriginal Windows |
Shall be compatible with the existing building. Alternate materials may be considered if they are of similar appearance and fit the opening properly. |
Major Exception |
| Replacement – Original Windows |
On the facades, the size, dimensions, shape, design, pattern, and materials shall match the original. |
Major Exception |
| Replacement Materials – Original Windows |
Materials for the window, trim, and any shutters shall be the same as the original. |
Major Exception |
| AWNINGS AND CANOPIES | ||
| Design | Design shall be based on evidence that the design was previously installed on the building and/or is typical for a building of the same style and era. |
Major Exception |
| Lighting | Back lighting and internal illumination are prohibited. |
Major Exception |
| Location | The location shall not cover important architectural features. |
Major Exception |
| Proportion | The proportion shall be designed to fit window openings. |
Major Exception |
| Materials | Materials shall be those typically used for awnings for a building of the specific design and era associated with the building. Typical materials include cloth, metal and wood. |
Major Exception |
| Storefront | The configuration and proportions shall be compatible with the design of the storefront and shall not overpower the building. |
Major Exception |
| SIDING | ||
| Masonry | Retain and restore existing siding. Repair siding with in-kind materials. |
Major Exception |
| Masonry – Replacement |
Use salvage material to replace siding. When salvage material is not available, new materials shall match the original in size, color,uniformityand texture. |
Major Exception |
| Nonmasonry | Repair and restore existing using the original wood siding or in-kind salvage material. When salvage is not available, new material (such as wood, cement fiber, fiberglass, vinyl), shall match the dimensions, overlap, and surface texture of the original wood siding. |
Major Exception |
| Table 13: Historical Building Standards | ||
|---|---|---|
| STANDARDS | ALL ZONES | MODIFICATION TO STANDARD |
| --- | --- | --- |
| Trim and Details | Do not cover original trim and details. | Major Exception |
| TRIM AND ORNAMENTATION | ||
| Missing Original – Decorative Details |
Replicate from documentation of original details. When documentation is not available, replicate based on details from buildings of a similar design and era. |
Major Exception |
| New – Trim and Decorative Elements |
Shall not cover original details. | Major Exception |
| Original – Cornice, Trim and Decorative Elements |
On front and side facades, restore and repair in kind. When replacement is necessary, replicate using in-kind materials. |
Major Exception |
| ROOFS AND ROOF LINES | ||
| Chimney | Retain original when it contributes to the character of the roof. |
Minor Exception |
| Mechanical and Service Equipment |
Locate to eliminate visibility from frontages and public ways. |
Minor Exception |
| New | Retain existing roof slopes and shapes for areas visible from frontages. |
Major Exception |
| New – Modified Slope for a Flat Roof |
Allowed for a problem flat roof when not visible from a frontage and does not impact the character of the building. |
Minor Exception |
| RENOVATION FOR ACCESSIBILITY (1) | ||
| Lifts and Ramps | Incorporate into another feature, screen with landscape, and/or finish to match the adjoining materials. |
Major Exception |
| Materials – General | Materials shall be compatible with the building’s original materials. |
Major Exception |
| Materials – Handrail | Materials shall be metal or wood. Wire and cable are prohibited. |
Major Exception |
| Materials – Wood | Wood shall be painted or stained to match the building. |
Major Exception |
| Openings and Ramps (2) |
Openings and ramps shall be located and designed to minimize impact on the historic and architecturally significant materials and character definingfeatures. |
Major Exception |
| PORCH (Not an approved frontage type – See Table 6 and section 9225.6 of this code) |
||
| Original | Retain and repair the original with in-kind materials. |
Major Exception |
| Original – Alterations | Minimize the effects of alterations on the historic character. |
Major Exception |
| Original – Rebuilding | Replicate the original porch design, shape, materials, and details. |
Major Exception |
| Original – Replacement of Missing |
Replacement of missing porch is allowed with documentation of the original porch. The replacement porch shall restore the design, shape, materials, and details of the original. |
Refer to process for modification to frontage type in Table 6 |
| 1. Renovations required to provide accessibility in compliance with the Americans with Disabilities Act. 2. If access to the primary entrance cannot be provided without degrading the significant architectural features, access should be provided through an alternate entrance. 3. When allowed by major exception, the alterations shall minimize the impact to the historic character of the building. |
(Ord. 1139, §2 (Exh. A, 8.010), adopted 2012)
§9228 PARKING STANDARDS AND PROCEDURES
§9228.1 PARKING REQUIRED ¶
Each building and land use, including a change or expansion of a building or land use, shall provide parking areas in compliance with section 9228 of this code. No building shall be occupied and no land use shall commence until the improvements required by section 9228 of this code are completed and approved by the Planning Director. (Ord. 1139, §2 (Exh. A, 9.010), adopted 2012)
§9228.2 NUMBER OF PARKING SPACES REQUIRED ¶
A. Each site shall provide the number of parking spaces required by Table 14: Number of Parking Spaces Required by Zone, except where the parking requirement is reduced or otherwise modified in compliance with section 9228.3 of this code.
B. The number of parking spaces required shall be based on the use(s) of the building and parcel. Where more than one use will occupy a building or parcel, the number of parking spaces is required to equal the sum of the spaces required for each use, except as provided in Table 15: Vehicular Shared Parking Factor.
- C. On-street parking located along the frontage line(s) of the parcel shall be counted toward fulfilling the parking requirements.
D. Downtown Parking Improvement District – Exemption. 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 this section. 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 or exception approval by the Planning Commission or City Council.
Table 14: Number of Parking Spaces Required by Zone
| Use | General Urban GU |
Urban Center UC |
Downtown Core DC |
Modification to Standard(1) |
|---|---|---|---|---|
| Vehicle Parking | ||||
| Civic | To be determined | by major exception | Major Exception (2) |
|
| Lodging | 1 per guest room or suite. No additional parking is required for accessory facilities, such as restaurants, meeting rooms, swimming pools, etc. |
Major Exception (2) |
||
| Office | 1 for every 300 gross square feet | Major Exception (2) |
||
| Residential | 1.5 per dwelling unit |
1.0 per dwelling unit |
1.0 per dwelling unit |
Major Exception (2) |
| Restaurant | 1 for every 300 gross square feet | Major Exception (2) |
||
| Retail | 1 for every 300 gross square feet | Major Exception (2) |
||
| Other | To be determined by major exception | Major Exception (2) |
||
| Bicycle Parking | ||||
| All Uses | A minimum of 10% of the number of vehicle parking spaces required bythis table |
Major Exception (2) |
||
| 1. See section 9231 of this code, Administration and Procedures. 2. If a use permit is required, the parking requirement shall be determined through the use permit process and a major exception shall not be required. |
(Ord. 1139, §2 (Exh. A, 9.020), adopted 2012)
§9228.3 REDUCTION OF REQUIRED VEHICLE PARKING ¶
The parking required by Table 14 may be reduced in compliance with the following:
A. Shared Parking: The parking required for more than one use of a single building or parcel may be reduced based on Table 15: Vehicular Shared Parking Factor. The number of parking spaces required shall be determined by Table 14: Number of Parking Spaces Required by Zone, multiplied by the shared parking factor applicable to the mix of uses.
Table 15: Vehicular Shared Parking Factor
| USE | Lodging | Office | Residential | Retail |
|---|---|---|---|---|
| Lodging | 1.00 | 0.60 | 0.90 | 0.77 |
| Office | 0.60 | 1.00 | 0.70 | 0.83 |
| Residential | 0.90 | 0.70 | 1.00 | 0.83 |
| Retail | 0.77 | 0.83 | 0.83 | 1.00 |
B. Special Needs Housing: The Planning Director may approve a reduction in parking requirements not exceeding thirty percent (30%) for housing projects with at least four (4) dwelling 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 California Civil Code section 51.3.
C. Affordable Housing Projects: In any district, the Planning Director 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 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.
D. Residential Housing 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 night-time 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.
ach use in a mixed residential/commercial project may be reduced by not more than thirty-five percent (35%) where day and night-time 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.
E. Bicycle Parking Facility: A reduction of parking spaces may be granted to projects involving new construction at a rate of one vehicle space for every five (5) bicycle parking spaces provided. The required vehicular parking shall not be reduced by more than two (2) spaces under this subsection. A bicycle parking space is a designated area within a facility designed for the parking and securing of bicycles.
F. Off-Site Parking: A project that is not located in Downtown Parking District No. 1 may locate required parking away from the site of the proposed use.
Less Than One-Quarter Mile: Off-site parking may be located up to one-quarter mile from the site it serves with approval of a minor exception.
More Than One-Quarter Mile: Off-site parking may be located more than one-quarter mile from the site it serves and may be considered by major exception. When considering the location of parking more than one-quarter mile from the site served, the review authority shall consider: whether adequate provisions, such as shuttle service, have been provided; if the project is well served by public transit; and if the project provides bicycle facilities or other alternative forms of transportation.
Guarantee of Availability: Required parking spaces that are located off site shall be committed by a recordable covenant, lease, or other agreement that is acceptable to the City Attorney.
G. Reduction of Water Pollution and Stormwater Run-Off: When a site is provided with low impact development improvements that treat all of the parking area(s) or the parking area is constructed of permeable surfaces, the number of parking spaces required shall be reduced by twenty percent (20%). If the LID improvements treat or permeable surface is used for only a fraction of the parking area, then only a proportionate fraction of the twenty percent (20%) reduction in the parking requirement shall be granted.
H. In-Lieu Fees.
- 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 fee rather than providing all the required on-site 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. A reasonable amount of area, as determined by the City Design Review Board, shall be landscaped and/or developed as an outdoor component of the project.
ay an in-lieu fee rather than providing all the required on-site 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. A reasonable amount of area, as determined by the City Design Review Board, shall be landscaped and/or developed as an outdoor component of the project.
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 required by Table 14: Number of Parking Spaces Required by Zone. The actual amount of the fee per parking space shall be established pursuant to sections 9542 and 9544 of this code.
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.
Prior to the issuance of a building permit, the property owner shall pay the required in-lieu fee to the City. (Ord. 1139, §2 (Exh. A, 9.030), adopted 2012)
§9228.4 EXCESS PARKING ¶
- Parking proposed that exceeds that amount of parking required by Table 14: Number of Parking Spaces Required by Zone, may be allowed with the approval of a major exception. (Ord. 1139, §2 (Exh. A, 9.040), adopted 2012)
§9228.5 LOCATION OF REQUIRED VEHICLE PARKING ¶
Required parking shall be located on the same parcel as the use(s) served unless off-site parking is authorized in compliance with subsection 9228.3F of this code, Off-Site Parking. Parking shall be located on each site in compliance with the parking layer requirements in Table 17: Parking Design Standards, and section 9225.7 of this code, Layers. (Ord. 1139, §2 (Exh. A, 9.050), adopted 2012)
§9228.6 PARKING STALLS AND DRIVE AISLES ¶
Parking facilities and stalls shall be designed with the dimensions included in Table 16: Minimum Parking Space and Aisles Dimensions, and as illustrated in Figure 5: Minimum Parking Space and Aisle Dimensions, except as provided below.
A. Compact Stalls: A maximum of forty percent (40%) of the required parking spaces may be compact spaces. Compact stalls shall be eight feet (8’) in width and sixteen feet (16’) in length and marked as compact. Compact spaces shall not be combined with uni-stall spaces.
B. Uni-Stalls: Uni-stall parking spaces may be used in place of a combination of standard and compact parking stalls. Uni-stalls shall be eight and one-half feet (8.5') in width and eighteen feet (18') in length.
C. Obstructions: Where posts, columns, or other architectural appenditures, other than wheel stops, are located within parking areas, these obstructions shall not be included in the minimum parking dimensions set forth in this section. Such obstructions shall not interfere with vehicular movement, parking or the opening of vehicle doors.
Table 16: Minimum Parking Space and Aisle Dimensions
| Standard Parking Spaces (1) | Standard Parking Spaces (1) | Standard Parking Spaces (1) | |||
|---|---|---|---|---|---|
| A Angle of Parking |
B Space Width |
C Space Length |
D Aisle Width |
E | F |
| 45 degree | 9 feet | 19.8 feet | 13 feet (one- way) |
12.7 feet | 52.6 feet |
| 60 degree | 9 feet | 21.0 feet | 18 feet (one- way) |
10.4 feet | 60.0 feet |
| 90 degree | 9feet | 19.0 feet | 24feet | 9.0 feet | 62.0 feet |
| Parallel | 9 feet | 22.0 feet | – | 22.0 feet | – |
| 1. Where parking stall angles vary from column A above, columns proportionally. |
C – F shall be adjusted |
==> picture [192 x 136] intentionally omitted <==
Figure 5: Minimum Parking Space and Aisle Dimensions
Table 17: Parking Design Standards – Open Parking and Parking Garages
| STANDARD(1) | ALL ZONES | MODIFICATION TO STANDARD (2) |
|---|---|---|
| OPEN PARKING | ||
| Courtyard Building | Allowed in4th layer only (See Figure4B). | Major Exception |
| Rear Yard Building | Allowed in 3rd layer only (See Figure 4A). | Major Exception |
| Side Yard Building (3) | Allowed in 3rd layer only (see Figure 4A). | Major Exception |
| Other BuildingType | To be determined bymajor exception. | Major Exception |
| Existing Open Parking – No Modification or Expansion |
Existing parking facilities that are nonconforming in terms of location (layer) are not required to be relocated to comply with the parking layer requirement. |
None |
| Existing Parking Facility – Modification |
Modifications to existing parking facilities shall comply with the requirements of Tables 16, 17 and 18. |
Minor Exception |
| Existing Parking Facility – Expansion |
The expansion of existing parking facilities shall comply with the requirements of Tables 16,17and 18. |
Minor Exception |
| ACCESS | ||
| Location | Parking, including garages, shall be accessed from an alley or secondary frontage when possible. |
Minor Exception |
| Opening Width ParkingLot or Garage |
Shall not exceed two lanes in width. | Minor Exception (4) |
| Pedestrian Entrance | Entrances to all parking lots and parking garages shall be directly from a frontage line. Only underground parking garages may be entered directly from the building. |
Minor Exception (4) |
| Pedestrian Pathway | Parking lots with more than 12 parking spaces shall provide a pedestrian path of travel incorporated into the landscape area or separate from the drive aisles. |
Major Exception |
| Vehicular Clearance | Parking areas for nonresidential uses shall maintain a minimum unobstructed clearance height of 14 feet above areas accessible to vehicles. |
Minor Exception (4) |
| Shared Access – Adjacent Sites |
For efficient circulation, safety, and convenience, shared access to on-site parking areas on adjacent properties is encouraged. Shared pedestrian access between adjacent properties is also strongly encouraged. |
None |
| Vehicle Overhang | Vehicle may overhang a maximum of two feet into landscape area. |
None |
| SURFACING AND STRIPING | ||
| STANDARD (1) | ALL ZONES | MODIFICATION TO STANDARD (2) |
| --- | --- | --- |
| Surfacing – Parking Spaces and Maneuvering Areas |
Durable, dust free, all-weather surfaces consistent with City standards. Permeable surfaces (5) are encouraged pursuant to the approval of the Public Works Department and Fire Marshal. |
Major Exception |
| Striping – Vehicle Spaces |
Understandable markings to indicate where vehicles should park. Subtle markings such as contrasting colors in paving stones are encouraged. |
Minor Exception (4) |
| Restriping | Planning Director approval of a restriping plan is required. |
None |
| 1. See section 9232 of this code, Glossary, for an explanation of terms. 2. See section 9231 of this code, Administration and Procedures. 3. Sideyard buildings are not allowed in the DC Zone. 4. Modification to this standard requires review and approval of the Planning Department, Public Works Department, Fire Department and Electric Utility Department as applicable to the specific project. 5. Such as pervious concrete, pervious pavers (Unipaver, Eco-Stone, and SF Rima or an approved equivalent); gravel, bark, or grass when reinforced to provide adequate load bearing (including geotechnical structures such as Invisible Structures Grasspave and Gravelpaveproducts,or an approved equivalent). |
Table 18: Open Parking Lot Design Standards
| STANDARD | ALL ZONES | MODIFICATION TO STANDARD (1) |
|---|---|---|
| LANDSCAPING | ||
| Amount – % of Parcel Area |
Within and/or around the parking area, a minimum of 10% of the gross area of the parking lot shall be provided as landscaping. |
Minor Exception |
| Live Planting – % | A minimum of 50% of the landscaped area shall be liveplantings. |
Minor Exception |
| Perimeter | Landscaping shall be provided around the perimeter of the parking lot and shall include trees, shrubs and groundcover. |
Minor Exception |
| Trees – Deciduous | Majority of trees along the west and south building elevations/facades shall be deciduous. |
Minor Exception |
| Trees – Nondeciduous | Nondeciduous trees shall be located in areas that do not restrict solar access. |
Minor Exception |
| Trees – Shade | A minimum of one shade tree for every five parking spaces or trees provided to achieve 50% canopy coverage of paved area at maturity, whichever is greater. |
Minor Exception |
| Size of Plantings | Trees: Minimum size of No. 15. Larger trees are encouraged. Shrubs: five gallon. |
Minor Exception |
| Species | Native, drought tolerant, or those known to grow well in Ukiah’s climate are required. |
Minor Exception |
| Existing Facilities | Existing open parking facilities as of the date of the adoption of this code shall be considered legal nonconforming; provided, that they were legal at the time of their creation. |
None |
| STANDARD | ALL ZONES | MODIFICATION TO STANDARD (1) |
| --- | --- | --- |
| Existing Facilities – Expansion of Legal Nonconforming Parking Area |
When existing parking facilities that are legal nonconforming are expanded, the expansion area shall conform with the provisions of this table. Retrofitting of the existing parking area to conform with the provisions of this table is strongly encouraged. |
Minor Exception |
| Existing Facilities – Expansion of Existing Parking Area (Not Legal Nonconforming) |
When existing parking facilities are expanded that are not legal nonconforming and do not comply with the requirements of this table, the expansion area and the existing parking area shall be made to comply with the provisions of this table. |
Major Exception |
| IRRIGATION | ||
| See section 9225 of this code: Site and Building Development Standards, Table 10: LandscapingStandards for All Developments |
||
| LIGHTING | ||
| See section 9225 of this code: Site and Building Development Standards, Table 9: Development Standards for All Land Uses |
||
| 1. See section9231 of this code,Administration and Procedures. |
Figure 6: Liner Building Concept
With a liner building, the parking is located in the third or fourth layer with the liner units located along the street frontage within the first and second layers. The design of the building frontage is required to
==> picture [231 x 204] intentionally omitted <==
be consistent with the frontage type allowed for the zoning district in which the parcel is located.
==> picture [177 x 315] intentionally omitted <==
Figure 7: Conceptual Live/Work or Park under Building
Garage Concept This conceptual plan provides the option of ground floor parking or ground floor work space. When the wall of the garage facing the street is designed as one of the allowed frontage types and accessed from an alley rather than the street, the garage may be located in the first or second layer. Work/Flex This concept does not include parking as part of the unit. Parking could be provided along the frontage of the parcel, in an open parking lot on the site in compliance with the parking layer requirements, in a shared parking structure, or off site. Liner Concept Illustration The live/work concept illustrated in Figure 7: Conceptual Live/Work or Park under Building, could be used as the liner units. Number of Stories The number of stories is determined by the zoning district (GU, UC, DC) and is subject to Airport Zone height restrictions.
(Ord. 1139, §2 (Exh. A, 9.060), adopted 2012; Ord. 1268, §10, adopted 2026)
§9229 TREE PRESERVATION AND PLANTING REQUIREMENTS ¶
§9229.1 PURPOSE ¶
The City of Ukiah acknowledges the importance of trees to the community’s health, safety, welfare, and tranquility. Trees are a source of beauty, provide shade and other environmental benefits, enhance property values, create community identity, and generally enhance the quality of urban life. The City is committed to planting new trees as well as protecting existing trees to the greatest extent possible. The purpose of section 9229 of this code is to identify protected trees and landmark trees and to establish the tree planting requirements for street trees, parking lots, and riparian corridors, and tree protection requirements. (Ord. 1139, §2 (Exh. A, 10.010), adopted 2012)
§9229.2 APPLICABILITY ¶
Section 9229 of this code shall apply to new development and redevelopment within the boundaries of this code as shown on the Zoning Map (Figure 1). (Ord. 1139, §2 (Exh. A, 10.020), adopted 2012)
§9229.3 TREE PRESERVATION ¶
A. Protected Trees: Table 19: Protected Trees, identifies the trees that are protected within the boundaries of this code. Removal of a tree included in Table 19 requires approval of a major exception as prescribed in Table 29.
B. Landmark Trees: Table 20: Landmark Trees on Private Property, designates specific trees as landmark trees. The trees included in Table 20 were selected as worthy of landmark status based on one or more of the following characteristics:
Outstanding specimen of a species desirable to the community;
One of the largest or oldest trees in the City of Ukiah;
Historical/commemorative interest;
Distinctive form and/or aesthetic appeal; and/or
Environmental value, including importance as habitat for wildlife.
Removal of a tree included in Table 20 requires approval of a major exception as prescribed in Table 29.
C. Development Projects:
- The design of every development project shall recognize the desirability of preserving the protected trees identified in Table 19: Protected Trees, and Table 20: Landmark Trees on Private Property, to the greatest extent possible. The design of the grading and site improvements shall reflect consideration of the following safeguards:
a. Provision of sufficient growing areas as required by individual species;
b. No disruption or removal of structural roots or majority loss of feeder roots;
- c. Fencing of trees at or beyond the drip lines during grading and construction activities;
d. No ornamental landscape, filling, cutting, development, or compaction of soils within the drip line;
e. Posting of a sign identifying the Tree Protection Zone during all grading and construction activities; and
f. Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect.
It is recognized that the preservation of all existing trees on a development site may sometimes conflict with reasonable land development considerations (e.g., adequate drainage, circulation, safety, and provision of utilities). However, the design of the proposed development shall address the preservation of the most desirable and significant of the healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this goal.
In order to ensure the long-term health of tree(s) to be preserved, trees proposed for preservation shall meet the following criteria as determined by a certified arborist:
a. Good (4) or excellent (5) health;
b. Moderate (3) to good (4) structure; and
- c. The ability of the tree to withstand the long-term and short-term impacts of construction and development.
Grading and landscaping plans shall implement the approved tree preservation plan. The locations of all protected trees shall be indicated on the plans by the number of the tree as described in the City approved project plans and/or City approved arborist report. Plans shall be consistent with the required tree protection measures included in the project conditions of approval and/or mitigation measures included in the initial study, mitigated negative declaration, or environmental impact report. D. Tree Protection Requirements: Trees required to be preserved are subject to the following protection measures in order to reduce the likelihood of construction-related impacts and to ensure the longterm health of the tree(s). 1. Prior to initiating any construction activity on a construction project, including demolition or grading, protective tree fencing shall be installed at the Tree Protection Zone for each tree to be preserved. 2. The protective tree fencing shall be shown on the approved building permit or improvement plans. This fencing shall serve as a barrier to prevent encroachment of any type by construction activities, equipment, materials storage, or personnel. 3. The Tree Protection Zone (TPZ) is illustrated on the improvement and/or building permit plans and represents the area around each tree or group of trees which must be protected at all times with tree protection fencing. No encroachment into the TPZ is allowed at any time without approval from the project arborist. Signs identifying the TPZ shall remain in place for the duration of grading and construction. The sign shall read: “Warning: Tree Protection Zone. This fencing shall not be removed without approval of the Planning Director.” 4. Contractors and subcontractors shall direct all equipment and personnel to remain outside the fenced area at all times until the project is complete, and shall instruct personnel and subcontractors as to the purpose and importance of fencing and preservation.
No grading shall occur within the protective barriers without approval by the Planning Director.
No attachments or wires other than those of a protective and nondamaging nature shall be attached to a protected tree. 7. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small handheld power tools and shall not be of a depth that could cause root damage. 8. When the existing grade around a protected tree is to be raised, the project arborist shall provide written directions on which method(s) may be used to drain liquids away from the trunk. 9. When the existing grade around a protected tree is to be lowered, the project arborist shall provide written directions on which method(s) may be used (such as terracing, retaining wall) to allow the drip line to be left at the original grade. 10. No equipment, solvents, paint, asphalt, or debris of any kind shall be placed, stored, or allowed within the protective barrier. E. Replacement Trees: 1. Development Projects: Healthy trees as defined by subsection C3 of this section approved for removal as part of a development project shall be replaced at a ratio determined by the conditions of approval or the mitigation measures for the project. If there is inadequate space on the site to replace the trees, the trees may be planted off site at a location to be determined by the City. 2. Protected Trees: If the City authorizes the removal of a protected tree(s) because it is dead, dangerous, or a nuisance, no tree replacement is required. In all other cases, the tree(s) must be replaced. 3. Street Trees: If the City authorizes removal of a street tree in connection with a development project, the replacement requirements shall be specified in the conditions of approval for the permit for the development project. F. Exceptions: The removal or relocation of protected trees is exempt from the provisions of this section under the following circumstances: 1. Emergency Situations: In cases of emergency where the City of Ukiah determines there is a substantial, imminent risk or hazard to the public, adjacent properties, or to public facilities, a protected or landmark tree may be removed. In cases where there is a substantial, imminent risk or hazard to the public, adjacent properties, or to public facilities and City of Ukiah approval cannot be obtained due to City Hall closure (such as weekend, City holiday, or after hours), the tree may be removed; provided, that documentation of the emergency situation be provided to the Planning Department as soon as possible.
Traffic Visibility Obstructions: To maintain adequate line of sight distances as required by the Director of Public Works.
Public Utility Damage: To protect existing electrical power or communications lines.
Damage to Building Foundation: To prevent damage to the foundation of existing buildings. (Ord. 1139, §2 (Exh. A, 10.030), adopted 2012)
§9229.4 PLANTING REQUIREMENTS ¶
A. Required Tree Planting: Tables 21, 23, 24, and 26 identify the required tree species for planting as street trees, parking lot trees, and riparian trees, respectively. These tables also include information regarding the characteristics of each tree in the table (such as evergreen or deciduous, size, drought tolerance, native, and the suitability/compatibility with various locational constraints). Tree species should be selected based on the conditions specific to the proposed development. The tree species included in Tables 21 and 23 were selected based on hardiness, drought tolerance, native/local preference, as well as unifying design principles.
B. Minimum Tree Size: The minimum tree size for street trees, parking lot trees, riparian trees, and replacement trees required as condition of project approval or as mitigation measures for a project shall be No. 15 unless a different size is approved by the decision making body or required in order to mitigate an environmental impact of the project.
C. Irrigation Plan: Irrigation shall be provided to new trees. The type of irrigation provided (e.g., drip, bubbler, spray) shall be determined by the water requirements of the specific species. Every effort shall be made to place plants with similar water needs together. A conceptual irrigation plan shall be included as part of the landscaping plan submitted as part of the development permit application.
D. Additional Requirements: Additional considerations for tree planting and landscaping are included in section 9225 of this code, Table 10: Landscaping Standards for All Developments, and section 9228 of this code, Table 18: Open Parking Lot Design Standards.
E. Street Trees Required: Residential, commercial, and industrial developments and the development of individual lots shall include the planting of street trees at developer’s/property owner’s expense, including the following:
Operable irrigation system;
Tree wells a minimum of four feet (4') by four feet (4');
Root barriers when required by the Department of Public Works;
Trees grates when required by the Department of Public Works;
Structural soil when required by the Department of Public Works or Planning Department; and
One street tree for every thirty feet (30') of parcel frontage with the exact location to be determined by the Public Works Department and Planning Department based on the location of sewer and water lines, underground and overhead lines and the purpose requirements of this code. (Ord. 1139, §2 (Exh. A, 10.040), adopted 2012)
§9229.5 STREET TREE DESIGN PRINCIPLES ¶
The spacing and species selected for use as street trees and included in Table 21: Required Street Trees for Primary Streets, Table 22: Alternate Street Trees for Primary Streets, and Table 23: Required Street Trees for Nonprimary Streets, are based on the trees’ ability to grow well in Ukiah’s climate, withstand the street tree setting and the following design principles:
A. Street trees, by virtue of a narrow tree trunk, provide transparency at the pedestrian’s eye level, permitting a visual grasp of extensive areas of a city.
B. The type, spacing, structure, and pattern of street trees create a discrete rhythm that results from the arrangement of trees, expressing the particular site.
C. Street trees create a smaller scale of space with their canopies that is sympathetic to the movement and perception of pedestrians.
D. The diversity of individual trees is subordinate to the repetitive pattern of the whole, which unifies the individual parts into a single whole.
E. Street trees, when formed from a single species, can create a homogeneity of texture, pattern, light and shade, resulting in a collective impact that is more important than the individual trees.
F. The ground surface is visually unobstructed to permit a clear visual expression of trees rising out of the ground.
G. Street trees provide a buffer between the pedestrian and vehicle travel/parking lanes, creating an enhanced sense of safety. (Ord. 1139, §2 (Exh. A, 10.050), adopted 2012)
§9229.6 USE OF ALTERNATE TREE SPECIES ¶
Tables 22 and 25 provide alternative tree species for planting as street trees and parking lot trees. Use of a species from these tables requires written approval from the decision making body for the project (e.g., Planning Director, Zoning Administrator, Planning Commission) as determined by section 9231 of this code, Administration and Procedures. Trees from the Alternate Tree Table may be considered for planting when locational constraints or other project-specific issues make a tree from the Required Tree Table unsuitable for planting. The species included in Tables 21 and 24 were selected based on their ability to tolerate various site constraints, such as limited overhead or root space.
Table 19: Protected Trees
| COMMON NAME SCIENTIFIC NAME (1) |
SIZE (2) | MODIFICATION TO STANDARD (3) |
|---|---|---|
| Black Oak Quercus kelloggii |
5 inches DBH | Major Exception |
| Blue Oak Quercus douglasi |
5 inches DBH | Major Exception |
| Coast Live Oak Quercus agrifolia |
5 inches DBH | Major Exception |
| Cork Oak Quercus suber |
5 inches DBH | Major Exception |
| Interior Live Oak Quercus wislizenii |
5 inches DBH | Major Exception |
| Oracle Oak Quercus x morehus |
5 inches DBH | Major Exception |
| Oregon Oak Quercus garryana |
5 inches DBH | Major Exception |
| Valley Oak Quercus lobata |
5 inches DBH | Major Exception |
| White Oak Quercus |
5 inches DBH | Major Exception |
| Other native California oak | 5 inches DBH | Major Exception |
| California Buckeye | 6 inches DBH | Major Exception |
| COMMON NAME SCIENTIFIC NAME (1) |
SIZE (2) | MODIFICATION TO STANDARD (3) |
| --- | --- | --- |
| Aesculus, californica | ||
| California Bay Umbellaria,californica |
8 inches DBH | Major Exception |
| California or Coast Redwood Sequoia |
12 inches DBH | Major Exception |
| Street trees | N/A | Major Exception |
| Landmark trees identified in Table 20 | N/A | Major Exception |
| Trees located in riparian corridors | N/A | Major Exception |
| Any tree required to be planted or preserved as environmental mitigation or condition of approval for a discretionary development application or other development permit |
N/A | Major Exception (4) |
| 1. See section 9232 of this code, Glossary, for an explanation of terms. 2. Size is trunk diameter measured at a height of 4.5 feet or diameter at breast height (DBH) from surrounding grade. Multiple trunk trees must have at least one trunk with the above diameter (based on species) to be considered protected. Smaller trees may also be protected under special circumstances and shall be considered on a case by case basis during the development review process. 3. See section 9231 of this code, Administration and Procedures. 4. Any modification to the tree mitigations included as part of an environmental document may require additional environmental review and/or a revision to the environmental document. |
Table 20: Landmark Trees on Private Property (1)
| COMMON NAME SCIENTIFIC NAME |
LOCATION | NUMBER OF TREES |
MODIFICATION TO STANDARD (2) |
|---|---|---|---|
| Valley Oak Quercus lobata |
225 East Perkins Street | 6 | Major Exception |
| Coast Redwood Sequoia sempervirens |
410 East Perkins Street | 4 | Major Exception |
| Coast Redwood Sequoia sempervirens |
Perkins Street at Pear Tree Center |
11 | Major Exception |
| Lebanon Cedar Cedrus libani |
Perkins Street at Pear Tree Center |
2 | Major Exception |
| Dawn Redwood Metasequoia glyptosroboides |
North School Street at West Standley |
2 | Major Exception |
| Cork Oak Quercus suber |
107 Oak Street at the Saturday Afternoon Club |
1 | Major Exception |
| Coast Redwood Sequoia sempervirens |
107 Oak Street at the Saturday Afternoon Club |
2 | Major Exception |
| Coast Redwood Sequoia sempervirens |
108 Oak Street | 1 | Major Exception |
| Coast Redwood Sequoia sempervirens |
265 Clay Street | 2 | Major Exception |
| Coast Redwood Sequoia sempervirens |
220 Mason Street | 1 | Major Exception |
| COMMON NAME SCIENTIFIC NAME |
LOCATION | NUMBER OF TREES |
MODIFICATION TO STANDARD (2) |
| --- | --- | --- | --- |
| Valley Oak Quercus lobata |
320 Main Street | 1 | Major Exception |
| Valley Oak Quercus lobata |
324 Main Street | 2 | Major Exception |
| Coast Redwood Sequoia sempervirens |
216 West Henry Street at Foundation for Medical Care |
6 | Major Exception |
| Coast Redwood Sequoia sempervirens |
400 Block North School Street – east side in parking lot |
1 | Major Exception |
| Canyon Live Oak Quercus chrysolepis |
400 Block North School Street – east side in parking lot |
1 | Major Exception |
| Valley Oak Quercus lobata |
400 Block North School Street – east side in parking lot |
2 | Major Exception |
| Interior Live Oak Quercus wislizanli |
400 Block North School Street – east side in parking lot |
2 | Major Exception |
| Coast Redwood Sequoia sempervirens |
100 Block of Norton Street | 1 | Major Exception |
| Oak Quercus |
North State Street in front of the courthouse |
1 | Major Exception |
| Southern Magnolia Magnoliagrandiflora |
North State Street in front of the courthouse |
2 | Major Exception |
| Tulip Magnolia Magnolia soulangiana |
North State Street southeast corner in front of the courthouse |
2 | Major Exception |
| Dawn Redwood Metasequoia glyptosroboides |
Corner of Standley and School Streets in front of the courthouse |
2 | Major Exception |
| Willows (numerous varieties Salix), cottonwoods, black walnut, live oak, valley oak |
Gibson Creek corridor from Perkins Street to Leslie Street |
– | Major Exception |
| 1. See also Table 19: Protected Trees. 2. See section 9231 of this code, Administration and Procedures. |
(Ord. 1139, §2 (Exh. A, 10.070), adopted 2012)
§9229.7 REQUIRED STREET TREES ¶
Table 21: Required Street Trees for Primary Streets, identifies the tree species that are required to be planted on specific primary streets. Considerations for selection of the species to be planted include site constraints, such as root confinement, overhead wires, canopies, and other street trees in the area. The intent is to create a unifying theme consistent with the street tree design principles included in section 9229.5 of this code by limiting the number of tree species, thereby creating a distinct identity for each primary street included in Table 21. As noted in Table 21, for most streets there is one tree identified to be used at intersections and opportunities to select from several species for planting within the block.
Table 21: Required Street Trees for Primary Streets
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drough Toleran |
t t Native (Yes/No) |
Canopy Type |
Suitable For | Suitable For | Suitable For | Modificat to Standa |
||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Roots and Confined Spaces |
Overhead Wires |
Canopy and Confined Spaces |
Location Requirements/ Characteristics |
|||||||||
| Main Street | ||||||||||||
| Chinese Pistache |
40 ft. | 40 ft. | Deciduous | Yes | No | Round | Moderate | No | No | Supplement existing only at |
Minor Exception ( |
|
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drought Tolerant |
Native (Yes/No) |
Canopy Type |
Suitable For | Suitable For | Suitable For | Modificat to Standa |
||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Roots and Confined Spaces |
Overhead Wires |
Canopy and Confined Spaces |
Location Requirements/ Characteristics |
|||||||||
| Pistacia Chinesis |
intersection of Perkins Street and State Street |
(2) | ||||||||||
| Holly Oak Quercus ilex |
35 ft. | 35 ft. | Evergreen | Yes | No | Round | Moderate | Yes | Moderate | Use at all intersections |
Minor Exception ( (2) |
|
| Red Oak Quercus rubra |
70 ft. | 50 ft. | Deciduous | Yes | No | Spreading | No | No | No | Slow growth, attractive shade tree |
Minor Exception ( (2) |
|
| Valley Oak Quercus lobata |
70 ft. | 50 ft. | Deciduous | Moderate with deep soil |
Yes | Round | No | No | No | At library parking lot, pocket park and Gibson Creek |
Minor Exception ( (2) |
|
| Perkins Street Entry Gateway – From Orchard Street to School Street | ||||||||||||
| Black Oak Quercus kelloggii |
50 ft. | 40 ft. | Deciduous | Yes | Yes | Round | Moderate | No | No | Predominant street tree for Perkins Street. Native oak species |
Minor Exception ( (2) |
|
| Holly Oak Quercus ilex |
35 ft. | 35 ft. | Evergreen | Yes | No | Round | Moderate | Yes | Moderate | Moderate growth rate, to complement existing |
Minor Exception ( (2) |
|
| Dwarf Southern Magnolia Magnolia grandiflora ‘Little Gem’ |
25 ft. | 15 ft. | Evergreen | Moderate | No | Fastigiate | Yes | Yes | Yes | At intersection of Perkins Street and State Street |
Minor Exception ( (2) |
|
| School Street | ||||||||||||
| Chinese Pistache Pistacia Chinesis |
40 ft. | 40 ft. | Deciduous | Yes | No | Round | Moderate | No | No | The only species to be used on School Street |
Minor Exception ( (2) |
|
| State Street | ||||||||||||
| Interior Live Oak Quercus wislizanii |
35 ft. | 40 ft. | Evergreen | Yes | Yes | Round | Yes | No | No | Use at intersections when adequate space at bulb outs |
Minor Exception ( (2) |
|
| London Sycamore Plantanus acerfolia ‘Bloodgood’ |
60 ft. | 40 ft. | Deciduous | Yes | No | Broadly Pyramidal |
Moderate | No | No | Predominant street tree for State Street. Well suited to local conditions |
Minor Exception ( (2) |
|
| 1. Zoning Administrator approval of a minor exception is required to use a tree species from Table 22: Alternate Street Trees for Primary Streets. 2. Planning Commission approval of a major exception is required to use a tree species that is not from Table 22: Alternate Street Trees for Primar Streets. |
(Ord. 1139, §2 (Exh. A, 10.080), adopted 2012)
§9229.8 ALTERNATE STREET TREES FOR PRIMARY STREETS ¶
Table 22 identifies the tree species that may be used as a substitute for the species required by Table 21. For most streets included in Table 22 there is one tree identified to be used at intersections and opportunities to select from several species for planting within the block. Use of a tree from Table 22 requires Zoning Administrator approval of a minor exception. In order to plant a tree species that is not included in Table 21 or Table 22, Planning Commission approval of a major exception is required.
A. Exception Review and Considerations: The request for an exception shall be reviewed by the Planning Department, Public Works Department, and the Electric Utility Department. The exception application shall include the following information in addition to the information required by Table 29: Exception Procedures.
Why species from the required tree list cannot be planted;
Why the alternative species proposed is a preferred and appropriate substitute;
How the alternative species is consistent with the intent to create a unifying planting theme for the primary streets within the boundaries of this code; and
Other information as determined by the decision making body or reviewing departments.
Table 22: Alternate Street Trees for Primary Streets
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drought Tolerant |
Native (Yes/No) |
Canopy Type |
Suitable For | Suitable For | Suitable For | Locational Requirements/Characte |
|
|---|---|---|---|---|---|---|---|---|---|---|---|
| Roots and Confined Spaces |
Overhead Wires |
Canopy and Confined Spaces |
|||||||||
| Main Street | |||||||||||
| Fastigiate English Oak Quercus robur ‘Fastigiata’ |
45 ft. | 15 ft. | Deciduous | Moderate | No | Fastigiate | Yes | No | Yes | Fast upright growth for limi canopy locations |
|
| European Hornbeam Carpinus betulus ‘Fastigiata’ |
50 ft. | 30 ft. | Deciduous | Moderate | No | Oval | Yes | No | Yes | Fast growth. Needs water w young |
|
| Fruitless Olive Olea europea ‘Swan Hill’ |
25 ft. | 20 ft. | Evergreen | Yes | No | Round | Yes | Yes | Yes | Use at intersections | |
| Perkins Street Entry Gateway – From Orchard Street to School Street | |||||||||||
| London Plane Plantanus acerfolia ‘Bloodgood’ |
60 ft. | 40 ft. | Deciduous | Yes | No | Broadly pyramidal |
Moderate | No | No | Well suited to urban site conditions, better choice for retentive soils |
|
| Redbud Cercis reniformis ‘Oklahoma’ |
20 ft. | 20 ft. | Deciduous | Yes | No | Vase | Yes | Yes | Yes | Suitable under utility lines, blooms |
|
| Washington Hawthorne Crataegus phaenopyrum |
25 ft. | 20 ft. | Deciduous | Moderate | No | Vase | Yes | Yes | Yes | Suitable under utility lines, blooms/fall color |
|
| State Street | |||||||||||
| Flowering Pear Pyrus calleryana ‘Aristocrat’ |
40 ft. | 30 ft. | Deciduous | Moderate | No | Pyramidal | Yes | No | Yes | Alternate to Platanus in rest locations |
|
| Grecian Laurel Laurus nobilis |
30 ft. | 25 ft. | Evergreen | Yes | No | Pyramidal | Yes | Yes | Yes | Use at intersections for limi canopy locations |
|
| School Street | – There Are No Alternate Street Trees for School Street |
(Ord. 1139, §2 (Exh. A, 10.090), adopted 2012)
§9229.9 REQUIRED STREET TREES FOR NONPRIMARY STREETS ¶
Table 23 identifies the required tree species for all streets not included in Table 21. There are no alternate trees for nonprimary streets due to the wide variety of species included in Table 23. Requests to use a species not included in Table 23 require Planning Commission approval of a major exception. The exception application shall include the items required by subsections 9229.8A1 through 9229.8A4 of this code and Table 29.
Table 23: Required Street Trees for Nonprimary Streets
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drought Tolerant |
Native (Yes/No) |
Canopy Type |
Suitable For | Suitable For | Suitable For | Modific to Stan |
||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Roots and Confined Spaces |
Overhead Wires |
Canopy and Confined Spaces |
Locational Requirements/ Characteristics |
|||||||||
| Chinese Pistache Pistacia Chinesis |
40 ft. | 40 ft. | Deciduous | Yes | No | Round | Moderate | No | No | Supplement existing only at intersection of Perkins Street and State Street |
Major Exceptio |
|
| Dwarf Southern Magnolia Magnolia grandifloria ‘Little Gem’ |
25 ft. | 15 ft. | Evergreen | Moderate | No | Fastigiate | Yes | Yes | Yes | At intersection of Perkins Street and State Street |
Major Exceptio |
|
| European Hornbeam Carpinus betulus ‘Fastigiata’ |
50 ft. | 30 ft. | Deciduous | Moderate | No | Oval | Yes | No | Yes | Fast growth, needs water when young |
Major Exceptio |
|
| Flowering Pear Pyrus calleryana ‘Aristocrat’ |
40 ft. | 30 ft. | Deciduous | Moderate | No | Pyramidal | Yes | No | Yes | Alternate to Plantanus in restrictive locations |
Major Exceptio |
|
| Fruitless Olive Olea europea ‘Swan Hill’ |
25 ft. | 20 ft. | Evergreen | Yes | No | Round | Yes | Yes | Yes | Use at intersections |
Major Exceptio |
|
| Grecian Laurel Laurus nobilis |
30 ft. | 25 ft. | Evergreen | Yes | No | Pyramidal | Yes | Yes | Yes | Use at intersections or limited canopy locations |
Major Exceptio |
|
| London Plane Plantanus acerfolia ‘Bloodgood’ |
60 ft. | 40 ft. | Deciduous | Yes | No | Broadly pyramidal |
Moderate | No | No | Well suited to urban site conditions, better choice for water retentive soils |
Major Exceptio |
|
| Oak, Black Quercus kelloggii |
50 ft. | 40 ft. | Deciduous | Yes | Yes | Round | Moderate | No | No | Predominant street tree for Perkins Street. Native oak species |
Major Exceptio |
|
| Oak, English Fastigiate Quercus robur ‘Fastigiata’ |
45 ft. | 15 ft. | Deciduous | Moderate | No | Fastigiate | Yes | No | Yes | Fast upright growth for limited canopy locations |
Major Exceptio |
|
| Oak, Holly Quercus ilex |
35 ft. | 35 ft. | Evergreen | Yes | No | Round | Moderate | Yes | Moderate | Use at all intersections |
Major Exceptio |
|
| Oak, Interior Live Quercus wislizanii |
35 ft. | 40 ft. | Evergreen | Yes | Yes | Round | Yes | No | No | Use at intersections when adequate space at bulb outs |
Major Exceptio |
|
| Oak, Red Quercus rubra |
70 ft. | 50 ft. | Deciduous | Yes | No | Spreading | No | No | No | Slow growth, attractive shade tree |
Major Exceptio |
|
| Oak, Valley | 70 ft. | 50 ft. | Deciduous | Moderate with deep |
Yes | Round | No | No | No | At library parking lot, |
Major Exceptio |
|
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drought Tolerant |
Native (Yes/No) |
Canopy Type |
Suitable For | Suitable For | Suitable For | Modific to Stan |
||
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Roots and Confined Spaces |
Overhead Wires |
Canopy and Confined Spaces |
Locational Requirements/ Characteristics |
|||||||||
| Quercus lobata |
soil | pocket park and Gibson Creek |
||||||||||
| Redbud Cercis reniformis ‘Oklahoma’ |
20 ft. | 20 ft. | Deciduous | Yes | No | Vase | Yes | Yes | Yes | Suitable under utility lines, spring blooms |
Major Exceptio |
|
| Washington Hawthorne Crataegus phaenopyrum |
25 ft. | 20 ft. | Deciduous | Moderate | No | Vase | Yes | Yes | Yes | Suitable under utility lines, spring blooms/fall color |
Major Exceptio |
(Ord. 1139, §2 (Exh. A, 10.100), adopted 2012)
§9229.10 REQUIRED PARKING LOT TREES ¶
Table 24: Required Parking Lot Trees, identifies the tree species required to be planted in parking lots. Considerations for selection of the species to be planted include tree canopy size and type, drought tolerance, and tree height and spread, as well as site constraints, such as root confinement, overhead wires, and tree canopy restrictions.
A. Parking Lot Design Standards: The design requirements for parking lots are included in section 9228 of this code, Parking Standards and Procedures, Table 18: Open Parking Lot Design Standards.
B. Landscaping Standards: The landscaping standards that apply to all development are included in section 9225 of this code, Site and Building Development Standards, Table 10: Landscaping Standards for All Developments.
Table 24: Required Parking Lot Trees
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drought Tolerance |
Native (Yes/No) |
Canopy Type |
Suitable for | Suitable for | Suitable for | Characteristics | Modificat to Stand |
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Roots and Confined Spaces |
Overhead Wires |
Canopy and Confined Spaces |
||||||||||
| Chinese Elm Ulmus parvifolia ‘Dynasty’ |
40 ft. | 40 ft. | Mostly evergreen |
Moderate | No | Round | No | No | No | More rounded canopy than species. Needs training in youth |
Minor Exception (2) |
|
| Ginkgo Biloba ‘Autumn Gold’ |
50 ft. | 35 ft. | Deciduous | Yes | No | Oval | Yes | No | No | Male selection, golden fall color |
Minor Exception (2) |
|
| London Sycamore Platanus acerfolia |
50 ft. | 40 ft. | Deciduous | Yes | No | Broadly pyramidal |
Yes | No | No | Quick growth. Tolerates urban smog, dust, reflected heat |
Minor Exception (2) |
|
| Mulberry Morus alba ‘Kingan’ or ‘Fan-San’ |
30 ft. | 45 ft. | Deciduous | Yes | No | Spreading | No | Moderate | No | Quick growth. Surface rooted |
Minor Exception (2) |
|
| Oak, Interior Live Quercus wislizenii |
35 ft. | 40 ft. | Evergreen | Yes | Yes | Round | Yes | No | No | Moderate growth rate. Long lived |
Minor Exception (2) |
|
| Oak, Red Quercus rubra |
50 ft. | 45 ft. | Deciduous | Moderate | No | Round | Yes | No | No | Quick growth. Great fall color |
Minor Exception (2) |
Suitable for Common Name Roots Canopy Average Average Evergreen and and Scientific Height Spread or Drought Native Canopy Confined Overhead Confined Modificat Name (feet) (feet) Deciduous Tolerance (Yes/No) Type Spaces Wires Spaces Characteristics to Stand
Zoning Administrator approval of a minor exception is required to use a tree species from Table 25: Alternate Parking Lot Trees.
Planning Commission approval of a major exception is required for use of a tree species not included in Table 24 or Table 25.
(Ord. 1139, §2 (Exh. A, 10.110), adopted 2012)
§9229.11 ALTERNATE PARKING LOT TREES ¶
Table 25: Alternate Parking Lot Trees, identifies the tree species that may be used as a substitute for the required parking lot trees identified in Table 24. A tree from Table 25 may be planted with approval of a minor exception from the Zoning Administrator when there are site constraints, project or landscaping design considerations, or other considerations that make a tree from Table 25 more appropriate for planting. In order to plant a tree species that is not included in Table 24 or Table 25, Planning Commission approval of a major exception is required.
A. Exception Review and Considerations: The request for an exception shall be reviewed by the Planning Department, Public Works Department and the Electric Utility Department. The exception application shall include the following information in addition to the information required by Table 29.
Why species from the required tree list cannot be planted;
Why the alternative species proposed is a preferred and appropriate substitute; and
Other information as determined by the decision making body or reviewing departments.
Table 25: Alternate Parking Lot Trees
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drought Tolerance |
Native (Yes/No) |
Canopy Type |
Suitable For | Suitable For | Suitable For | Characteristics | Modif to Sta |
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Roots and Confined Spaces |
Overhead Wires |
Canopy and Confined Spaces |
||||||||||
| Camphor Tree Cinnamomum camphora |
40 ft. | 45 ft. | Evergreen | Yes | No | Round | No | No | No | Needs room for best appearance |
Major Except |
|
| Common Hackberry Celtis occidentalis |
45 ft. | 35 ft. | Deciduous | Yes | No | Oval | Yes | No | No | Tolerates urban conditions |
Major Except |
|
| Japanese Pagoda Tree Sophora japonica |
40 ft. | 40 ft. | Deciduous | Yes | No | Round | No | No | No | Midsummer yellow blooms |
Major Except |
|
| Littleleaf Linden Tilia cordata ‘Greenspire’ |
40 ft. | 30 ft. | Deciduous | Moderate | No | Pyramidal | Yes | No | Yes | Very uniform growth |
Major Except |
|
| Madrone, Madrona Arbutus x ‘Marina’ |
40 ft. | 35 ft. | Evergreen | Yes | No | Oval | No | No | No | Moderate growth rate. Best with root room |
Major Except |
|
| Sawleaf Zelkova Zelkova serrata ‘Village Green’ |
40 ft. | 40 ft. | Deciduous | Yes | No | Rounded vase |
Yes | No | Moderate | Quick growth. Tolerates urban conditions |
Major Except |
|
| 1. Planning Commission | approval of a major exception is required to use | a species not included | in Table 24 | or Table 25. |
(Ord. 1139, §2 (Exh. A, 10.120), adopted 2012)
§9229.12 REQUIRED RIPARIAN TREES ¶
Table 26: Required Riparian Trees, identifies the tree species required to be planted in riparian areas. There is no alternate tree list for riparian areas. In order to plant a tree species that is not included in Table 26, Planning Commission approval of a major exception is required.
A. Exception Review and Considerations: The request for an exception shall be reviewed by the Planning Department, Public Works Department, and the Electric Utility Department. The exception application shall include the following information in addition to the information required by Table 29.
Why species from the required tree list cannot be planted;
Why the alternative species proposed is a preferred and appropriate substitute; and
Other information as determined by the decision making body or reviewing departments.
Table 26: Required Riparian Trees
| Common Name Scientific Name |
Average Height (feet) |
Average Spread (feet) |
Evergreen or Deciduous |
Drought Tolerance |
Native (Yes/No) |
Canopy Type |
Location Requirement |
Modification to Standard |
|---|---|---|---|---|---|---|---|---|
| Arroyo Willow Salix lasiolepis |
25 ft. | 25 ft. | Deciduous | No | Yes | Round | Gibson Creek | Major Exception |
| Big Leaf Maple Acer macrophyllum |
50 ft. | 40 ft. | Deciduous | Moderate with deep soil |
Yes | Spreading | Gibson Creek | Major Exception |
| Buckeye Aescukus californica |
25 ft. | 25 ft. | Deciduous | Yes | Yes | Round | Gibson Creek | Major Exception |
| California Bay Umbellularia, californica |
30 ft. | 30 ft. | Evergreen | Yes | Yes | Round | Gibson Creek | Major Exception |
| California Black Walnut Julgans californica hindsii |
60 ft. | 40 ft. | Deciduous | Yes | Yes | Spreading | Gibson Creek | Major Exception |
| Red Willow Salix laevigata |
30 ft. | 25 ft. | Deciduous | No | Yes | Round | Gibson Creek | Major Exception |
| Valley Oak Quercus lobata |
70 ft. | 70 ft. | Deciduous | Yes | Yes | Spreading | Gibson Creek | Major Exception |
| White Alder Alnus rhombifoloia |
50 ft. | 40 ft. | Deciduous | No | Yes | Fastigiate | Gibson Creek | Major Exception |
(Ord. 1139, §2 (Exh. A, 10.130), adopted 2012)
§9230 CIRCULATION STANDARDS ¶
§9230.1 PURPOSE ¶
The purpose of section 9230 of this code is to create a circulation system that balances the needs of the pedestrian, bicyclist, and motorist by creating interconnected and pedestrian-oriented streets in an environment that accommodates a mix of commercial and residential uses, and facilitates a diverse, compact and walkable, urban environment. (Ord. 1139, §2 (Exh. A, 11.010), adopted 2012)
§9230.2 APPLICABILITY ¶
Section 9230 of this code shall apply to the design and construction of a new or reconstructed street, alley, or pedestrian/bike path within the boundaries of this code. No grading or building permit shall be issued and no discretionary entitlement shall be approved unless the proposed construction complies with section 9230 of this code. (Ord. 1139, §2 (Exh. A, 11.020), adopted 2012)
§9230.3 CIRCULATION MAP ¶
The Circulation Map (Figure 8) identifies the existing circulation system, extensions of existing streets, and locations of required and recommended pedestrian/bicycle paths. No new streets are shown on the Circulation Map; however, new streets may be required as part of a subdivision, site development, or site redevelopment in order to comply with the development standards and circulation requirements of this code. (Ord. 1139, §2 (Exh. A, 11.030), adopted 2012)
§9230.4 PRIMARY STREETS ¶
All existing streets within the boundaries of this code are considered primary streets except the following: Oak Street from Clay Street to Henry Street and Standley Street from Main Street to Mason Street. Primary streets shall be held to the highest standards of this code in support of pedestrian activities. (Ord. 1139, §2 (Exh. A, 11.040), adopted 2012)
§9230.5 STREETS ¶
Figure 8: Circulation Map, identifies existing streets, extensions of existing streets, and improvements to existing streets. Figures 10 through 14 are the required thoroughfare sections for this code.
A. Downtown Streetscape Improvement Plan: The Downtown Streetscape Improvement Plan approved by the City Council on July 1, 2009, includes new street sections for all of North State Street and Main Street and for portions of Henry Street, Smith Street, Standley Street, Perkins Street, Church Street, Stephenson Street, and Clay Streets located within the boundaries of this code. Any new development or redevelopment that requires frontage or street improvements shall be consistent with the Downtown Streetscape Improvement Plan.
B. New Streets: Any new street required as part of a subdivision, site development, or site redevelopment shall comply with one of the sections allowed within the boundaries of this code as shown in Figures 10 through 13. The appropriate street section will be determined as part of the development review process.
C. Street Extensions: The purpose of the street extensions is to extend throughout the boundaries of this code the grid pattern of smaller walkable blocks that currently exists in the downtown, comply with block perimeter standards included in Table 4: Site Development Standards, comply with the circulation and other requirements of this code, and to implement the purpose of this code included in section 9220 of this code.
- Required Street Extensions: This code includes the required extensions of existing streets identified below. Compliance with block perimeter and other requirements of this code will be determined through the development review process.
a. Clay Street: Clay Street extended across the railroad tracks to connect to Leslie Street. The extension of Clay Street over the railroad tracks requires approval of the Public Utilities Commission (PUC). If the PUC does not approve the crossing of the railroad tracks, Clay Street would include two (2) separate segments: (1) Main Street to the railroad right-of-way which is an existing street that would be improved to include wide sidewalks, street trees, and bike lanes, and (2) an extension from the east side of the railroad right-of-way to connect with Leslie Street and align with Peach Street to create a four (4) way intersection.
b. Hospital Drive: Hospital Drive extended to the extension of Clay Street. The location and design of the extension of Hospital Drive shall take into consideration the preservation and enhancement of Gibson Creek.
- Recommended Street Extension: This code includes the following recommended extensions of existing streets:
a. Church Street: Church Street extended from Main Street terminating at the railroad right-of-way. This street extension is recommended if the parcels across which Church Street would be extended are assembled and redeveloped. In order to comply with the minimum block perimeter standards, some form of circulation improvement may be required as part of a development proposal. Compliance with the block perimeter requirement shall be determined as part of the project review process.
b. Stephenson Street: Stephenson Street extended from Main Street terminating at the railroad right-of-way. This street extension is recommended if the parcels across which Stephenson Street would be extended are assembled and redeveloped. In order to comply with the minimum block perimeter standards, some form of circulation improvement may be required as part of a development proposal. Compliance with the block perimeter requirement shall be determined as part of the project review process.
D. Modifications to Existing Street Sections: Projects that require frontage improvements shall construct improvements consistent with one of the thoroughfare sections required for this code. The appropriate section shall be determined as part of the development review process. (Ord. 1139, §2 (Exh. A, 11.050), adopted 2012)
§9230.6 ALLEYS ¶
New development and redevelopment are encouraged to provide access to their projects via rear alleys. In some circumstances, alley access may be required in order to comply with the applicable development standards, such as block perimeter, parking location, and frontage type, of the zoning district in which the project is located. The appropriate location for alleys will depend on the type and location of the development proposed and will be evaluated as part of the development review process. (Ord. 1139, §2 (Exh. A, 11.060), adopted 2012)
§9230.7 PEDESTRIAN/BIKE PATHS ¶
Figure 8: Circulation Map, identifies the location of required and recommended pedestrian/bike paths.
A. Required Paths:
Gibson Creek Corridor: The required bike/pedestrian path shall be constructed as a Caltrans Class I path.
Railroad Corridor: The required bike/pedestrian path shall be constructed as a Caltrans Class I path.
Perkins Street at Pear Tree Center: One designated and dedicated pedestrian/bike path extending from Perkins Street into the Pear Tree Shopping Center as shown on Figure 8. The location shown in Figure 8 is approximate and every effort should be made to provide this access as part of a development application in the general area shown on the Circulation Map. The required path shall be constructed to the standards of a Caltrans Class I path.
- B. Recommended Paths:
- Block Perimeter: Caltrans Class I paths in lieu of construction of a thoroughfare may be proposed for areas that do not meet the block perimeter standards of this code. Consideration of a bike/pedestrian path in lieu of construction of a thoroughfare requires Planning Commission approval of a major exception. 2. Bike/Pedestrian Connections: Bike/pedestrian paths are recommended for areas that lack designated pedestrian/bike connections in order to provide the required circulation pattern, pedestrian orientation, and walkability. C. Type of Path: All paths shall be constructed as Caltrans Class I paths where feasible. Modification to this standard requires approval of a major exception. (Ord. 1139, §2 (Exh. A, 11.070), adopted 2012) §9230.8 GIBSON CREEK Gibson Creek is located within the boundaries of this code and provides riparian and aquatic habitat that supports a variety of insects, amphibians, fish, and animals and serves as a water source and migration corridor for wildlife. New road or bridge construction should be designed to balance vehicular, bike, and pedestrian circulation with the community’s desire to enhance and preserve the creek and its riparian and aquatic habitat, and associated wildlife. New development adjacent to the creek shall dedicate right-of-way or provide an access easement of sufficient width to allow for adequate maintenance of the creek. (Ord. 1139, §2 (Exh. A, 11.080), adopted 2012) §9230.9 EXCEPTION TO CIRCULATION DESIGN STANDARDS Modifications to the circulation design standards required in section 9230 of this code may be allowed with Planning Commission approval of a major exception as part of its review of a specific subdivision or development proposal. A. Findings Required: In order to approve an alternative design, the applicable findings required by Table 29 shall be made in addition to the following findings: 1. The alternative design maintains connections with all other streets that intersected the subject mode of circulation (e.g., street, alley, pedestrian path) in its original alignment; and 2. Pedestrian amenities, such as adequate sidewalk width and street trees, are provided. (Ord. 1139, §2 (Exh. A, 11.090), adopted 2012) §9230.10 STREET IMPROVEMENT REQUIREMENTS Each approved subdivision or other development project shall provide for their “fair share” construction of all portions of streets and pedestrian/bike paths shown on the Circulation Map or required by section 9230 of this code and shall be consistent with required alignments. A. Exception to Required Alignment: The relocation of a required street or pedestrian/bike path alignment may be allowed with Planning Commission approval of a major exception as part of its review of a specific subdivision or development proposal. B. Findings Required: In order to approve the alternative alignment, the applicable findings required by Table 29 shall be made in addition to the following findings: 1. The development complies with all of the standards of this code applicable to the original alignment (for example, urban standards, architectural standards, landscape standards, and thoroughfare standards). 2. The alternative alignment maintains connections with all other streets that intersected the subject mode of circulation in its original alignment. 3. The alternative alignment meets the block perimeter requirements of this code. (Ord. 1139, §2 (Exh. A, 11.100), adopted 2012) §9230.11 SPECIAL DESIGNATIONS The following special designations are shown on Figure 9: Special Designations Map. These designations are located in visually prominent areas within the boundaries of this code. A. Required Storefront: Figure 9: Special Designations Map, identifies locations where storefront frontage types (shopfront and awning, gallery, arcade) are required. B. Recommended Storefront: Figure 9: Special Designations Map, identifies locations where storefront frontage types (shopfront and awning, gallery, arcade) are recommended but not required. C. Terminated Vistas: Building(s) located at a terminated vista are required to be sited, oriented and designed of an architectural character, craftsmanship, and materials befitting its visual prominence and in keeping with the architectural themes in downtown Ukiah.
, identifies locations where storefront frontage types (shopfront and awning, gallery, arcade) are recommended but not required. C. Terminated Vistas: Building(s) located at a terminated vista are required to be sited, oriented and designed of an architectural character, craftsmanship, and materials befitting its visual prominence and in keeping with the architectural themes in downtown Ukiah.
D. Turret Element: Turret elements are strongly encouraged on new buildings located at specific places designated on Figure 9: Special Designations Map. The turret element shall be an integral and complementary part of the overall building and site design.
==> picture [294 x 378] intentionally omitted <==
Figure 8: Circulation Map
Figure 9: Special Designations Map
Figure 10: Commercial Street with Parallel Parking and Bike Lanes
==> picture [261 x 249] intentionally omitted <==
Figure 11: Commercial Street with Angled and Parallel Parking
==> picture [366 x 263] intentionally omitted <==
----- Start of picture text -----
Figure 12: Commercial Street with Parking
----- End of picture text -----
Figure 13: Street with Parallel Parking
Figure 14: Alley
(Ord. 1139, §2 (Exh. A, 11.110), adopted 2012)
§9231 ADMINISTRATION AND PROCEDURES ¶
§9231.1 PURPOSE ¶
The purpose of section 9231 of this code is to establish the permit requirements for projects within the boundaries of this code. (Ord. 1139, §2 (Exh. A, 12.010), adopted 2012)
§9231.2 APPLICABILITY ¶
Section 9231 of this code shall apply to proposed development of parcels located within the boundaries of this code. (Ord. 1139, §2 (Exh. A, 12.020), adopted 2012)
§9231.3 SITE DEVELOPMENT PERMITS ¶
Table 27 establishes the procedures for review and processing of site development permits. Table 27 establishes three (3) levels of site development permits based on the size of the project.
A. Purpose: Site development permit procedures are intended to focus on design issues and solutions that will have the greatest effect on community character and to encourage innovative design solutions and quality design. The purposes of this section are to:
Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community. 2. Ensure that new uses and structures enhance their sites with high standards of improvement and are compatible with surrounding neighborhoods.
Protect the increasing values, standards, and importance of land and development in the community.
Retain and strengthen the visual quality of the community.
Assist project developers in understanding the public’s concerns for the aesthetics of development.
Ensure that development complies with all applicable City standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.
- B. Design Criteria: Design criteria have been established to provide guidance in the design and development of projects. The following criteria shall be considered in reviewing a site development permit application and establishing conditions for the project. 1. Site layout, buffers, and setback distances and physical relationship of structures and uses on the site and to surrounding topography, natural resources, uses, and structures. 2. Protection, preservation, and integration of historic, cultural and scenic resources and orientation to natural site amenities and scenic views. 3. Incorporation of low impact development (LID) design principles into the design of new development, redevelopment, and the expansion or modification of existing development, including parking, access and circulation areas where feasible. 4. Site access, including pedestrian, bicycle, parking for vehicles and bicycles, and loading areas, and on-site and off-site traffic and pedestrian circulation. 5. Integration of the site into the pedestrian and traffic circulation system, including off-site improvements and opportunities for connections to adjoining streets, parks, open space, community facilities and commercial areas. 6. Height, bulk, and area of buildings and the overall mass and scale of the project in relation to the site characteristics, neighborhood, and surrounding land uses.
Landscape elements that integrate opportunities for outdoor use areas and adequate shading of pavement and windows.
Articulation in building facades, exterior architectural design details, quality of materials, variation of textures, and harmony of colors.
Articulation in rooflines and the type and pitch of roofs and/or mechanical screening and overhangs for proper shading and solar access to windows.
Location, size, and spacing of windows, doors, and other openings and orientation for passive solar heating and cooling and provision of awnings, enclosures, and overhangs for entryways. 11. Location and orientation of windows, doorways, and outdoor use areas and the potential for heat, glare, odors, noise, or other disturbances from on-site or off-site sources (i.e., direct sun from west exposures, outdoor lighting, food services areas, recycling and refuse areas, mechanical equipment, roadways, railroads, aircraft overflight, etc.).
Location of towers, chimneys, roof structures, flagpoles, radio, telecommunications and television masts/poles or other projections.
Use of durable, quality materials and provisions for long-term maintenance including identification of responsible party and funding source for public improvements and open space areas.
Location, design, access, and visual screening for recycling and refuse disposal areas and utility installations.
Location, design, and standards of all exterior illumination, including parking lot and sign lighting.
Signage including the size, type, location, material quality, durability, textures, height, color, light intensity, and integration into the building and street design, and the potential for distraction of traffic and/or obstruction of other signs, access ways, and sight visibility areas.
- C. Findings: The review authority may approve a site development permit application only after first finding that:
- The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this code. 2. Design: The design of the proposed project is consistent with the architectural standards of this code and compatible with the character of the neighborhood; will maintain the community’s character, provide for harmonious and orderly development, and create a desirable environment for the occupants, neighbors, and visiting public; includes the appropriate use of materials, texture, and color, which will remain aesthetically appealing and appropriately maintained; and the location and orientation of windows, doorways, and outdoor use areas reduce the potential for heat, glare, noise, or other disturbance from on-site or off-site sources. The neighborhood compatibility part of this finding does not apply if it would render the project inconsistent with the architectural requirements of the zoning district in which the project is located. 3. Siting: The siting of the structure(s) on the parcel is compatible with the siting of other structures in the immediate neighborhood. This finding does not apply if the resulting setbacks are inconsistent with the requirements of the zoning district in which the parcel is located. 4. Ingress, Egress, Circulation, Parking: The project provides adequate ingress, egress, parking for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery vehicles designed to promote safety and convenience and to conform to City standards and will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. Low impact development (LID) design has been incorporated into the project where feasible. 5. Landscaping: The landscaping for the project provides opportunities for shading west and south facing windows and outdoor use areas, utilizes native and drought tolerant species, is in keeping with the character and design of the project, and consistent with requirements of this code and City standards. 6. Resource Protection: The proposed project will not excessively damage or destroy resources or natural features, including cultural and historic resources, trees, shrubs, creeks, and the natural grade of the site. 7. Health, Safety, Welfare: The proposed project would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the immediate vicinity; and will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area. (Ord. 1139, §2 (Exh. A, 12.030), adopted 2012) §9231.4 USE PERMITS Table 28 establishes the procedures for the review and processing of use permits. Table 28 establishes two (2) levels of review for use permits, minor use permit and major use permit. (Ord. 1139, §2 (Exh. A, 12.040), adopted 2012) §9231.5 EXCEPTIONS Where this code allows specific requirements to be modified, such modification may be allowed with approval of an exception. Table 29: Exception Procedures, establishes two (2) levels of exceptions, major and minor, and the procedures for the review and processing of exceptions. (Ord. 1139, §2 (Exh. A, 12.050), adopted 2012) §9231.6 SUBDIVISIONS Subdivisions shall comply with the requirements of Chapter 1 of this division. (Ord. 1139, §2 (Exh. A, 12.060), adopted 2012) §9231.7 VARIANCE Variances are prohibited within the boundaries of this code. Deviations from the requirements of this code are allowed through an exception as provided for in section 9231.5 of this code. (Ord. 1139, §2 (Exh. A, 12.070), adopted 2012) §9231.8 PLANNED DEVELOPMENTS Planned developments are prohibited within the boundaries of this code. Modifications to the standards required by this code are allowed through approval of an exception(s) as provided in section 9231.5 of this code. (Ord. 1139, §2 (Exh. A, 12.080), adopted 2012)
ception as provided for in section 9231.5 of this code. (Ord. 1139, §2 (Exh. A, 12.070), adopted 2012) §9231.8 PLANNED DEVELOPMENTS Planned developments are prohibited within the boundaries of this code. Modifications to the standards required by this code are allowed through approval of an exception(s) as provided in section 9231.5 of this code. (Ord. 1139, §2 (Exh. A, 12.080), adopted 2012)
§9231.9 AMENDMENT
The boundaries or provisions of this code, including the Zoning Map, Circulation Map, and Special Designations Map, may be amended as prescribed in section 9265 of this code; provided, that all regulations and zoning designations applied within the boundaries of this code incorporate transect-based design and block perimeters with appropriate transitions to abutting areas. (Ord. 1139, §2 (Exh. A, 12.090), adopted 2012)
§9231.10 CONCURRENT PERMITS ¶
When more than one permit (such as site development, use permit, exception) is required for the same project, all permits shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code. (Ord. 1139, §2 (Exh. A, 12.100), adopted 2012)
§9231.11 CALCULATIONS – ROUNDING ¶
Where provisions of this code require calculations to determine applicable requirements, any fractional results of the calculations shall be rounded as required by the following:
A. Residential Density, Minimum Lot Area, and Number of Lots: The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number.
- B. All Other Calculations: For all calculations required by this zoning code other than those described in subsection A of this section, the fraction/decimal results of the calculations shall be rounded to the next highest whole number when the fractional/decimal is 0.5 or more, and to the next lowest whole number when the fraction/decimal is less than 0.5. (Ord. 1139, §2 (Exh. A, 12.110), adopted 2012)
§9231.12 NONCONFORMING USES, STRUCTURES AND PARCELS ¶
- A. Purpose: This section provides regulations for nonconforming uses, structures, and parcels that were lawful before adoption or amendment of this code, but which would be prohibited, regulated or restricted differently under the current terms of this code or future amendments. B. Intent: It is the intent of this section to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions of this section. C. Detrimental to Orderly Development: The continuance of a nonconforming use or structure is generally detrimental to the orderly development of the area within the boundaries of this code and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of the nonconformity. D. Illegal Use or Structure: Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this zoning code is not a nonconforming use or structure, and the use or structure is in violation of this code. (Ord. 1139, §2 (Exh. A, 12.120), adopted 2012) §9231.13 NONCONFORMING USES
which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this zoning code is not a nonconforming use or structure, and the use or structure is in violation of this code. (Ord. 1139, §2 (Exh. A, 12.120), adopted 2012) §9231.13 NONCONFORMING USES
A. Continued, Transferred, or Sold: Nonconforming uses may be continued, transferred, or sold, but only in compliance with the provisions of this section. B. Replacing Nonconforming Uses with Similar Uses: 1. A nonconforming use may be changed to another nonconforming use of a similar or more restricted classification or nature; provided, the proposed new nonconforming use would not increase the degree or intensity of nonconformity. 2. The replacement nonconforming use shall serve as the “new bench mark” in terms of establishing the acceptable level of nonconformity. 3. Where a nonconforming use is changed to another nonconforming use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification. C. Enlargement or Expansion of Use Not Allowed: 1. Nonconforming Use of Land without Structures: a. A nonconforming use of land which does not involve any structure except accessory structures shall not be enlarged or expanded in size or capacity or extended to occupy a greater area, or increased in intensity without Planning Commission approval of a major use permit. b. A nonconforming use of land which does not involve any structure except accessory structures shall not be relocated, extended, or expanded into a structure constructed on the parcel without Planning Commission approval of a major use permit. c. “Accessory structures” as used in this subsection include driveways, fences, parking areas, signs, walls, or minor structures less than four hundred (400) square feet in area. 2. Nonconforming Use of Land with Structures: Changes to a nonconforming use of a structure by enlargement, extension, reconstruction, or relocation within the structure, or an addition to the structure, or the construction of a new structure shall not be allowed without Planning Commission approval of a major use permit. 3. Findings: In approving a major use permit, the Planning Commission shall make the following findings in addition to the findings required by subsection 9262E of this code: a. The enlargement, expansion, extension, or increase would not increase the detrimental effects of the nonconformity; and b. The structure complies with the development standards of the zoning district in which the structure is located. 4. Site Development Permit: If a site development permit is required, the site development permit is subject to Planning Commission approval and shall be reviewed in conjunction with the major use permit. D. Loss of Nonconforming Status: 1. If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued for a continuous period of at least six (6) months, the rights to legal nonconforming status shall terminate. 2. The nonconforming use shall not be resumed once the use has been terminated for at least six (6) months. 3. The Planning Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation. 4. Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code. (Ord. 1139, §2 (Exh. A, 12.130), adopted 2012) §9231.14 NONCONFORMING STRUCTURES
rming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation. 4. Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code. (Ord. 1139, §2 (Exh. A, 12.130), adopted 2012) §9231.14 NONCONFORMING STRUCTURES
A. Continued, Transferred, or Sold: Nonconforming structures may be continued, transferred, or sold, but only in compliance with the provisions of this section.
B. Nonconforming Structures and Involuntary Damage: Nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) or natural disaster (e.g., earthquake, etc.); provided, that the structure may be repaired or reoccupied in the following manner: 1. Damage Up to Fifty Percent (50%) of Market Value: A nonconforming structure involuntarily damaged up to fifty percent (50%) of its current market value (as defined by subsection D of this section) may be reconstructed, repaired, restored, and used as before; provided, that the restoration is initiated (as defined in subsection D of this section) within twelve (12) months, and is substantially completed within twenty-four (24) months from the date of application for the required building permit.
a. Process for Reconstruction, Repair, Restoration:
(1) The applicant provides documentation, satisfactory to the Planning Director, supporting the claim that the damage or destruction occurred involuntarily; (2) No expansion of the gross floor area or number of dwelling units occurs;
(3) The replacement structure is in compliance with the current building code and would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure;
(4) A building permit is issued no later than twelve (12) months after the date of the destruction, and construction is diligently pursued to completion.
If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required building permit.
- Damage to Fifty Percent (50%) or More of Market Value: A nonconforming structure involuntarily damaged to fifty percent (50%) or more of its current market value (as defined in subsection D of this section) shall not be reconstructed, repaired, or restored, except in conformity with the applicable requirements of the applicable zoning district.
C. Nonconforming Structures and Voluntary Repair and Maintenance: The ordinary and normal repair and maintenance work that may be required to keep a nonconforming structure in sound condition may be made in compliance with this subsection. A nonconforming structure may undergo ordinary repair and maintenance only in the following manner:
- Minor Repair: Minor normal repair and maintenance may be made to a nonconforming structure:
a. Provided, that no structural alterations are made (exception: see section 9231.16 of this code), and the work does not exceed fifty percent (50%) of the current market value of the structure during any calendar year;
b. For the purposes of this subsection the cost of any required foundation work shall not be counted within the fifty percent (50%) limitation.
Major Repair: Major repair to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds fifty percent (50%) of the current market value of the structure before damage or destruction, may occur with Planning Commission approval of a major use permit; provided, that the Commission first determines that the major repairs are necessary to correct hazards to public health or safety.
Other Voluntary Modifications: The reconstruction or structural alteration of a nonconforming structure may be allowed with Zoning Administrator approval of a minor use permit; provided, that the review authority first determines that the modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and only in compliance with subsections C1 and C2 of this section.
D. Definitions:
Restoration Is Initiated: As used in this subsection, “restoration is initiated” requires that, at a minimum, a complete building permit application has been filed.
Current Market Value:
- a. As used in this subsection, “current market value” is the market value of the structure immediately before the occurrence of the damage.
b. For the purposes of administering the provisions of this subsection, the applicant shall submit an appraisal from a licensed appraiser and the City’s Building Official shall verify the appraiser’s determination of the current market value of the damaged structure, which determination shall be final unless appealed in compliance with section 9266 of this code. (Ord. 1139, §2 (Exh. A, 12.140), adopted 2012)
§9231.15 NONCONFORMING PARCELS ¶
A. Legal Building Site: A nonconforming parcel that does not comply with the applicable area or width requirements of this zoning code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Planning Director by evidence furnished by the applicant:
- Approved Subdivision: The parcel was created by a recorded subdivision; 2. Individual Parcel Legally Created by Deed: The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming; 3. Variance or Lot Line Adjustment: The parcel was approved through the variance procedure or resulted from a lot line adjustment; 4. Partial Government Acquisition: The parcel was created in compliance with the provisions of this zoning code, but was made nonconforming when a portion was acquired by a government entity so that the parcel size is decreased not more than twenty percent (20%) and the yard facing the public right-of-way was decreased by not more than fifty percent (50%); or 5. Certificate of Compliance: A certificate of compliance has been issued, verifying that the parcel complies with the applicable provisions of the City’s subdivision ordinance and the California Subdivision Map Act. B. Subdivision or Lot Line Adjustment of a Nonconforming Parcel: No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. 1139, §2 (Exh. A, 12.150), adopted 2012) §9231.16 EXEMPTIONS
A. Seismic Retrofitting and Building Code Compliance: Alterations, reconstruction, or repairs otherwise required by law (e.g., City adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.
(e.g., City adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.
B. Nonconforming upon Annexation: Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the City, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed nonconforming uses or structures or both, and shall, upon annexation, be subject to the provisions of sections 9231.13, 9231.14, 9231.15 and this section. C. Nonconforming Due to Lack of a Use Permit: 1. Conformity of Uses Requiring Use Permits: A use lawfully existing without a use permit that would be required by this code to have use permit approval, in compliance with section 9262 of this code, shall be deemed conforming, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, operating characteristics, etc.). 2. Previous Use Permit in Effect: A use that was authorized by a use permit but is not allowed in its current location by this code may continue, but only in compliance with the original use permit. D. Previous Permits: A use or structure which does not conform to the current regulations of the subject zoning district, but for which a building permit, or a permit or entitlement approved in compliance with the zoning code, was issued and exercised before the applicability of this code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this section. E. Public Utilities: The provisions of this section concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells, pumps, etc.); nor shall any provision of this section be construed to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features that are used for direct delivery of or distribution of the service. F. Public Acquisition: 1. Nonconforming Due to Public Acquisition: Whenever any structure or parcel is rendered nonconforming within the meaning of this section by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming with the meaning of this section. 2. Required Reconstruction, Remodeling, or Repair: Any required reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided all reconstruction, remodeling, or repair work shall be substantially completed within twelve (12) months from the date of the application for the required building permit. (Ord. 1139, §2 (Exh. A, 12.160), adopted 2012)
§9231.17 UNLAWFUL USES AND STRUCTURES ¶
Uses and structures that did not comply with the applicable provisions of this zoning code or prior planning and zoning regulations when established are violations of this zoning code and are subject to the provisions of Chapter 2, Article 22 of this division. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this zoning code and the City Code are first obtained.
Table 27: Site Development Permit Procedures (1)
| Tiers | Tier 1 | Tier 2 | Tier 3 |
|---|---|---|---|
| Permit Type | Site Development Permit Building Permit Required (2) |
Minor Site Development Permit (Minor SDP) |
Major Site Development Permit (Major SDP) |
| Project Type | New construction and additions up to 1,000 sf Minor exterior facade modifications Similar projects as determined by the Planning Director No exception is required or requested for the project |
New construction and additions 1,000 – 15,000 sf Less than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) Up to 2 minor exceptions Similar projects as determined by the Planning Director No major exception is required or requested for the project |
New construction and additions over 15,000 sf More than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) New condominiums New drive-through facilities More than 2 minor exceptions All major exceptions Similar projects as determined by the Planning Director Site development permits as determined by the Zoning Administrator (3) |
| Application and Filing Submittal Requirements |
Building permit Filing fees Site plan, elevations, floor plans Additional information as determined by the Planning Director |
Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the PlanningDirector |
Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the PlanningDirector |
| Review Authority | Community Development and Planning Department |
Design Review Board recommendation to Zoning Administrator |
Design Review Board recommendation to Planning Commission |
| Approval Authority | Community Development and Planning Department |
Zoning Administrator (4) |
Planning Commission (4) |
| Public Notice | Processed as a building permit No public notice provided |
As prescribed by subsection 9263C of this code |
As prescribed by subsection 9263C of this code |
| Findings for Grant of Permit (5) |
Building permit plans must be consistent with all applicable requirements |
As prescribed by subsection 9231.3C of this code |
As prescribed by subsection 9231.3C of this code |
| Tiers | Tier 1 | Tier 2 | Tier 3 |
| --- | --- | --- | --- |
| Permit Type | Site Development Permit Building Permit Required (2) |
Minor Site Development Permit (Minor SDP) |
Major Site Development Permit (Major SDP) |
| No findings required |
|||
| Conditions of Approval |
Not applicable | As prescribed by subsection 9263F of this code |
As prescribed by subsection 9263F of this code |
| Appeal | Not applicable | As prescribed by section 9266 of this code |
As prescribed by section 9266 of this code |
| Effective Date | Date of building permit issuance |
As prescribed by subsection 9263G of this code |
As prescribed by subsection 9263G of this code |
| Expiration/Revocation | 6 months of no activity (from the date of last inspection) |
As prescribed by subsection 9263H of this code |
As prescribed by subsection 9263H of this code |
| Renewal | Payment of renewal fee as established by City Council and process as determined by the BuildingOfficial |
As prescribed by subsection 9263I of this code |
As prescribed by subsection 9263I of this code |
| California Environmental Quality Act (CEQA) |
Exempt | Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA |
Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA |
| 1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Building permit plans and submittal information must be consistent with all applicable standards of this code. 3. The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision. 4. Any site development permit reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. 5. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not 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. |
Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits.
Building permit plans and submittal information must be consistent with all applicable standards of this code.
The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision.
Any site development permit reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.
Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not 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.
Table 28: Use Permit Procedures (1)
| Permit Type | Minor Use Permit | Major Use Permit |
|---|---|---|
| Project Type | Minor use permits (MIUP) as identified in Table 3: Allowed Uses and Permit Requirements Expansion of more than 150 and less than 1,000 square feet to an existing use permit Minor amendment to an existing use permit Change in use of an existing structure(s) that does not |
Major uses (MAUP) as identified in Table 3: Allowed Uses and Permit Requirements Expansion of 1,000 square feet or more to an existing use permit Major amendment to an existing use permit Conversion of existing rental housing to condominium |
| Permit Type | Minor Use Permit | Major Use Permit |
| --- | --- | --- |
| require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances |
At the discretion of the Planning Director, any use permit may be scheduled for consideration and decision making by the Planning Commission (subsection 9262D5 of this code) |
|
| Application and Filing Submittal Requirements |
Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director |
Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director |
| Approval Authority (2) | ZoningAdministrator(1) | PlanningCommission |
| Public Notice | As prescribed by subsection 9262C of this code |
As prescribed by subsection 9262C of this code |
| Findings for Grant of Permit (3) |
As prescribed by subsection 9262E of this code |
As prescribed by subsection 9262E of this code |
| Conditions of Approval |
As prescribed by subsection 9262F of this code |
As prescribed by subsection 9262F of this code |
| Appeal | As prescribed by subsection 9262D2 of this code |
As prescribed by subsection 9262D4 of this code |
| Effective Date | As prescribed by subsection 9262G of this code |
As prescribed by subsection 9262G of this code |
| Expiration/Revocation | As prescribed by subsection 9262H of this code |
As prescribed by subsection 9262H of this code |
| Renewal | As prescribed by subsection 9262I of this code |
As prescribed by subsection 9262I of this code |
| California Environmental Quality Act (CEQA) |
Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA |
Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA |
| 1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Any use permit application reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved or denied. 3. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not 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 decison maker’s conclusions and shall be based upon evidence contained in the administrative record. |
Table 29: Exception Procedures (1)
| Permit Type | Minor Exception | Major Exception |
|---|---|---|
| Type | Two (2) or fewer minor exceptions |
More than two (2) minor exceptions Exceptions as determined by the ZoningAdministrator(5) |
| Application and Filing Submittal Requirements (2) |
Planning permit application form Application fees Detailed plot plan of the subject property and surrounding land |
Planning permit application form Application fees Detailed plot plan of the subject property and surrounding land |
| Permit Type | Minor Exception | Major Exception |
| --- | --- | --- |
| uses Elevation drawings Other information deemed necessary by the Planning Director |
uses Elevation drawings Other information deemed necessary by the Planning Director |
|
| Approval Authority (3) | ZoningAdministrator(1) | PlanningCommission |
| Public Notice | As prescribed by subsection 9264B of this code |
As prescribed by subsection 9264B of this code |
| Findings for Grant of Permit (4) |
The request is consistent with the intent of this code and the Ukiah General Plan The project is compatible with the neighborhood and design intent of this code The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another The project provides adequate and appropriate pedestrian facilities and connections The project would not impair the desirability of investment, employment, or residence in the neighborhood The project is not detrimental to the public’s health, safety and general welfare Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas) |
The request is consistent with the intent of this code and the Ukiah General Plan The project is compatible with the neighborhood and design intent of this code The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another The project provides adequate and appropriate pedestrian facilities and connections The project would not impair the desirability of investment, employment, or residence in the neighborhood The project is not detrimental to the public’s health, safety and general welfare Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas) |
| Appeal | As prescribed by section 9266 of this code |
As prescribed by section 9266 of this code |
| Effective Date | As prescribed by subsection 9264F of this code |
As prescribed by subsection 9264F of this code |
| Expiration/Revocation | As prescribed by subsection 9264G of this code |
As prescribed by subsection 9264G of this code |
| Renewal | As prescribed by subsection 9264H of this code |
As prescribed by subsection 9264H of this code |
| California Environmental Quality Act (CEQA) |
Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA |
Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA |
| 1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Submittal requirements for an exception depend on the standard (building, site, architectural, tree) from which the exception is requested. 3. Any exception application reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. 4. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not vague and |
Permit Type Minor Exception
Major Exception
conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap.
- The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision.
(Ord. 1139, §2 (Exh. A, 12.180), adopted 2012)
§9232 GLOSSARY ¶
§9232.1 PURPOSE ¶
Section 9232 of this code defines and contains regulatory language that is integral to this article regarding terms used in this code. (Ord. 1139, §2 (Exh. A, 13.010), adopted 2012)
§9232.2 RULES FOR CONSTRUCTION OF LANGUAGE ¶
The following rules of construction shall apply:
A. The specific shall control the general. B. The word “shall” is mandatory and not discretionary. C. In the case of a difference in meaning or implication between the text of any provision and any caption or illustration, the text shall control. D. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. E. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. “And” indicates that all connected items or provisions shall apply.
on, the text shall control. D. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. E. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. “And” indicates that all connected items or provisions shall apply.
- “Or” indicates that all connected items or provision may apply singly or in any combination. 3. “Either ... or” indicates that the connected items or provisions shall apply singly but not in combination. F. The word “uses” shall include arranged, designed, constructed, altered, converted, rented, leased, or occupied. G. All references to departments, commissions, boards, or other public agencies pertain to those of the City of Ukiah, unless otherwise indicated. H. All references to public officials pertain to those of the City of Ukiah and include designate deputies of such officials, unless otherwise indicated. I. All references to days pertain to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day. J. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (Ord. 1139, §2 (Exh. A, 13.020), adopted 2012) §9232.3 DEFINITIONS For the purpose of this article, the phrases and terms herein shall have the following meanings: A. Definitions “A”: ACCESSORY BUILDING: A building subordinate to the principal (primary) building on the same parcel and serving a purpose clearly incidental to an allowed principal use of the parcel or of the building. ACCESSORY USE: A use typically associated with and subordinate to a principal use established on the same parcel, which does not alter the principal use or serve property other than the parcel where the principal use is located. ADULT CABARET: A nightclub, theater, or other establishment which features live performances by dancers, “go-go” dancers, exotic dancers, strippers, mud or oil wrestling, or other similar entertainers where such performances are distinguished by an emphasis on specified sexual activities or anatomical areas, whether covered or not. ADULT ENTERTAINMENT BUSINESS: Any business operated at a fixed location by any name, which specializes in sales, service or showings that appeal to prurient interests, sexual appetites, fantasies and curiosities, including but not limited to: the sale of sexually oriented and adult-restricted books, magazines, videotapes, or other devices; the showing of sexually oriented and adult-restricted movies and videos; and the live performance of actual, simulated or suggested sexual activities. AGRICULTURE EQUIPMENT SALES OR RENTAL: A business engaged in the sale or rental of equipment, materials, supplies and tools to serve farming, ranching or timber interests and businesses. May also include the servicing and repair of equipment. ALCOHOLIC BEVERAGE SALES: The retail sales of beer, wine, and/or other alcoholic beverages for off-premises consumption. ALLEY: A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage that is not intended for general traffic circulation (see Figure 14). ARCADE: A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at the sidewalk level remains at the frontage lines (see Table 8: Private Frontage Types). ARTISAN/CRAFT PRODUCT MANUFACTURING: An establishment manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and crafts products. ARTISAN SHOP: A retail store selling handcrafted items, such as art glass, ceramics, or jewelry, where the facility includes an area for the crafting of the items sold. AUTO-ORIENTED USE: Land uses and buildings where the design is auto-dominated or focused on a common mall or parking lot rather than on a public street. Examples include shopping centers or malls, drive-through, and drive-up uses. AWNING: A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade (see Table 8: Private Frontage Types). B. Definitions “B”: BALCONY: An elevated platform projecting from the wall of a building and enclosed by a railing or a parapet (see Figures 5 through 8). BALCONY, FRENCH: A shallow balcony, almost flush with a facade, accessed by a single pair of inward-swinging doors, which does not interrupt the spatially defining character of facades. French balconies visually transform the adjacent interior room into an outdoor space. BAR: See section 9278 of this code, Definitions. BED AND BREAKFAST: Any building or establishment or portion thereof providing 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 bedroom. BLOCK: The aggregate of private lots, passages, and alleys bounded by the block perimeter. See also “Block Perimeter.” BLOCK FACE: The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony. BLOCK PERIMETER: The circumference of a block in lineal feet as measured along the back of the sidewalk. BUILDING HEIGHT: The vertical extent of a building measured by the number of stories, excluding a raised basement. Height is measured to the eave of a sloped roof, excluding the roof above the eave, or the surface of a flat roof, excluding the parapet above the surface of the roof. Each story shall not exceed fourteen feet (14') clear. Building heights may be superseded by the Ukiah Airport Master Plan height restrictions (see Figures 2A and 2B).
measured by the number of stories, excluding a raised basement. Height is measured to the eave of a sloped roof, excluding the roof above the eave, or the surface of a flat roof, excluding the parapet above the surface of the roof. Each story shall not exceed fourteen feet (14') clear. Building heights may be superseded by the Ukiah Airport Master Plan height restrictions (see Figures 2A and 2B).
BUILDING SITING: The placement of a building on its lot (see Figures 3A through 3C).
BUILDING TYPE: A structure category determined by siting on the lot and configuration including frontage and height (see Table 5: Building Types).
BUILDING USE: See “Use.”
BUSINESS SUPPORT SERVICES: An establishment within a building that provides services to other businesses. Examples of these include copying and quick printing services, blueprinting, computer rental and repair, retail film processing and photo finishing, and security system services.
C. Definitions “C”:
CARPORT: An attached or detached structure enclosed on no more than two (2) sides used as noncommercial parking and shelter for automobiles or other vehicles and where the size of the parking space complies with the minimum size for standard parking stalls.
CERTIFIED ARBORIST: An arborist that possess a current certified arborist certificate from the International Society of Arboriculture and that is a current member of the American Society of Consulting Arborists.
CHAPEL: See section 9278 of this code, Definitions.
CHILD DAYCARE: A facility that provides nonmedical care and supervision of minor children for periods of less than twenty-four (24) hours. These facilities include all of the following, all of which are required to be licensed by the California State Department of Social Services:
Child Daycare Center: Commercial or nonprofit child daycare facilities designed and approved to accommodate fifteen (15) or more children. Includes infant centers, preschools, sick-child centers and school-age daycare facilities. These may be in conjunction with a school or church facility, or as an independent land use.
Large Family Daycare Home: A daycare facility located in a single-family residence where an occupant of the residence provides care and supervision of seven (7) to fourteen (14) children. Children under the age of ten (10) years who reside in the home count as children served by the daycare facility.
Small Family Daycare Home: A daycare facility located in a single-family residence where an occupant of the residence provides care and supervision of eight (8) or fewer children. Children under the age of ten (10) years who reside in the home count as children served by the daycare facility.
CHURCH: See section 9278 of this code, Definitions.
CIVIC BUILDING: A building designed specifically for a civic use. The specifics of building design shall be determined through the permit process. Civic buildings are subject to the requirements of this code, including but not limited to allowed uses, development standards and architectural standards.
CIVIC SPACE: An outdoor area dedicated for public use. Civic space types are defined by the relationship among certain physical elements, such as their intended use, size, landscaping, and buildings along the frontage line (see Table 2: Civic Spaces). CIVIC USE: Activities, uses, buildings, spaces or sites operated, owned, or conducted by public or nonprofit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. CLOTHING AND FABRIC PRODUCT MANUFACTURING: An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory (see “Personal Services”).
COCKTAIL LOUNGE: See section 9278 of this code, Definitions.
COMMERCIAL RECREATION – INDOOR: Establishments providing indoor amusement and entertainment for a fee or admission charge, including:
| bowling alleys | ice skating, roller rink |
|---|---|
| coin/token-operated amusement arcades |
online gaming, cyber cafe |
| dance hall, club, ballroom | pool and billiard rooms as aprimaryuse |
| electronic game arcades |
COMMERCIAL USE: The term collectively defining office, retail, and service uses.
COMMUNITY CARE FACILITY – SEVEN (7) TO TWELVE (12) CLIENTS: As defined by California Health and Safety Code.
COMMUNITY CARE FACILITY – SIX (6) OR FEWER CLIENTS: As defined by California Health and Safety Code.
COMMUNITY GARDEN: An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or nonfood, ornamental crops, such as flowers primarily for personal or group use, consumption or donation. Community gardens may be divided into individual plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include areas maintained and used by group members. May also include occasional educational or promotional events related to garden activities.
CONDOMINIUM: An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a commercial or residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of a project.
CONFERENCE, CONVENTION, OR EXHIBITION FACILITY: One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms and related support facilities (e.g., kitchens, offices, etc.).
CONTEXT: Surroundings made up of the particular combination of elements that create a specific setting.
CONVALESCENT SERVICES: See section 9278 of this code, Definitions.
CONVENIENCE STORE: See “General Retail.”
CORRIDOR: A lineal geographic system incorporating transportation and/or greenways. A transportation corridor may form the boundary of an urban transect zone.
COURTYARD BUILDING: A building that occupies the boundaries of its lot while internally defining one or more private patio areas (see Table 5: Building Types, and Figure 3C).
D. Definitions “D”:
DRIVE-THROUGH: A facility where food and other products may be purchased or services may be obtained by motorists without leaving their vehicle. Examples of these include fast food restaurants, drivethrough coffee, pharmacies, drive-through teller windows and automatic teller machines (ATMs). Does not include fueling stations/gas stations or other vehicle services which are separately defined.
DWELLING, DUPLEX: See “Dwelling, Multiple.”
DWELLING, MULTIPLE: A building designed or used exclusively as a residence including two (2) or more separate dwelling units. This definition includes but is not limited to duplexes, triplexes, apartments, and condominiums under a common ownership. See also “Mixed-Use.”
DWELLING, SECOND UNIT: See section 9278 of this code, Definitions.
DWELLING, SINGLE HOUSEHOLD: A freestanding building designed for and/or occupied by one household.
DWELLING, SINGLE ROOM OCCUPANCY: A living space with a minimum of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet restricted to occupancy by no more than two (2) persons. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.
DWELLING UNIT: A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
E. Definitions “E”:
EAVE: The part of the roof that extends over the exterior wall.
EDGE YARD BUILDING: A building that occupies the center of its lot with setbacks on all sides (see Table 5: Building Types).
ELECTRIC VEHICLE CHARGING STATION: Facilities for the charging of electric vehicles. This use is typically accessory to another use located on the same parcel. For example, providing a charging station(s) in a public parking lot or a parking lot that serves a business located on the same parcel.
ELEVATION: An exterior wall of a building that is not located along a frontage line.
ENTRANCE, PRINCIPAL: See “Principal Entrance.”
EQUIPMENT RENTAL: A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined. EXCEPTION: A ruling that would permit a practice that is not consistent with a standard of this code. This code distinguishes between major and minor exceptions (see section 9231.5 of this code, Exceptions, and Table 29: Exception Procedures).
EXPRESSION LINES: Architectural accents on a building facade between the ground floor commercial and the floors above, designed so that the retail level acts as a base for the floors above. The retail/commercial floor is typically more detailed than the floors above (see Figures 5 and 7).
F. Definitions “F”:
FACADE: The exterior wall of a building that is set along a frontage line. See “Frontage Line.”
FARMERS MARKET – CERTIFIED: A market where the items sold by the vendor are produced by the vendor selling the items.
FEED STORE AND FARM SUPPLY: A retail business selling supplies for the keeping and raising of farm or domestic animals, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of “Agricultural Equipment Sales or Rental.” FINANCIAL SERVICES: See section 9278 of this code, Definitions.
FIRE STATION: See section 9278 of this code, Definitions.
FITNESS/HEALTH FACILITY: A fitness center, gymnasium, health and athletic club, which may include any of the following: spa and/or hot tub facilities, indoor tennis, handball, racquetball, archery and shooting ranges, and other indoor sports activities. Does not include “Adult Entertainment Business” or “Adult Cabaret,” which are separately defined.
FRONTAGE: The privately held layer in front of the building facade. The elements of building and landscape that are within a frontage are held to specific standards. The frontage layer may overlap the public layer in the case of awnings, galleries, and arcades. A lot may have multiple frontages. Also referred to as “Private Frontage” (see Table 8).
FRONTAGE LINE: Any lot line, back of sidewalk line, or easement line that abuts a public open space or a thoroughfare that is not an alley.
FRONTAGE, PRIVATE: See “Frontage.”
FRONTAGE, PUBLIC: The area between a lot line and the thoroughfare or public open space (see Table 8).
FUELING/GAS STATION: A retail business selling gasoline or other motor vehicle fuels and related products. A fueling station may also include a convenience store, restaurant facility (without a drivethrough window), and/or carwash as accessory uses. This use does not include charging stations for electric vehicles. See also “Electric Vehicle Charging Station.”
FURNITURE, FURNISHINGS, AND APPLIANCE STORE: A retail store that primarily sells the following products and related services, which may also include incidental repair services:
| home furnishings | outdoor furniture |
|---|---|
| home sound systems | refrigerators and stoves |
| interior decorating materials and services |
televisions |
| other household electrical and gas appliances |
G. Definitions “G”:
GARAGE: A completely enclosed attached or detached structure with an operational door used as noncommercial parking and shelter for automobiles or other vehicles and where the size of the parking space complies with the minimum size for standard parking stalls.
GENERAL RETAIL: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:
| antique stores | hobby materials |
|---|---|
| art galleries – retail | jewelry |
| artists’ supplies | luggage and leathergoods |
| auction rooms | musical instruments, parts and accessories |
| bicycles | orthopedic supplies |
| books, magazines, newspapers |
religious goods |
| clothing, shoes, and accessories |
small wares |
| collectibles | specialty shops |
| convenience stores, mini-markets |
sporting goods and equipment |
| department stores | stationery |
| feed store and farm supply |
Does not include accessory retail uses which are allowed accessory to all other related commercial uses – the retail sale of various products within a health care, hotel, or office to employees or customers which are allowed accessory to the primary use of the site. Examples of accessory retail uses include pharmacies, gift shops, and food service establishments at hospitals; and convenience stores and food service establishments within hotel, office, and industrial complexes.
GREEN: See Table 2: Civic Spaces.
GROCERY, SPECIALTY FOOD STORE: A retail business where the majority of the floor area that is open to the public is occupied by food products packaged for preparation and consumption away from the store.
H. Definitions “H”:
HOME OCCUPATION: See section 9224.4 of this code.
HOMELESS FACILITY: 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.
LARGE HOMELESS FACILITY: A homeless facility for thirteen (13) or more persons. A homeless shelter is considered a large homeless facility.
SMALL HOMELESS FACILITY: A homeless facility for twelve (12) or fewer persons, plus a maximum of two (2) permanent, live-in staff.
HOTEL OR MOTEL: A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically provide a variety of services in addition to lodging (such as restaurants, meeting facilities, personal services, etc.). Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. I. Definitions “I”: No specialized terms beginning with the letter “I” have been identified at this time.
J. Definitions “J”: No specialized terms beginning with the letter “J” have been identified at this time.
K. Definitions “K”:
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 any purpose. Definition includes animal daycare, such as “doggy daycare,” with or without overnight facilities, whether the facility is located partially or wholly indoor. The “Kennel” definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter.
L. Definitions “L”:
LANDMARK TREE: Individual trees that have been designated as unique because of size, historical/commemorative association, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retention.
LAYER: The depth of the lot measured from the frontage line within which certain improvements are allowed (see section 9225.7 of this code, Layers, and Figures 4A and 4B).
LIBRARY, MUSEUM: Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums. May also include accessory retail uses such as gift/book shop, restaurant.
LINER BUILDING: A building specifically designed to mask a parking lot or a parking garage (see Figure 6).
LIVE ENTERTAINMENT: Any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or similar purpose by a person or persons that are physically present when the activity is provided to a patron or group of patrons. Such entertainment may include music or vocals, dance, disc jockey, comedy or magic. Live entertainment may be amplified or nonamplified. Live entertainment does not include an occasional activity that: does not constitute a performance; is not advertised to the public; or primarily provides ambience to the facility.
LIVE/WORK: An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been specifically designed or structurally modified to accommodate joint residential occupancy and work activities, which includes:
Complete kitchen space and sanitary facilities in compliance with the building code; and
Working space reserved for and regularly used by one or more occupants of the unit.
LODGE: See section 9278 of this code, Definitions.
LODGING: Premises available for daily or weekly renting of bedrooms. Typical uses include hotels, motels, and bed and breakfast.
LOT: See section 9278 of this code, Definitions.
LOT AREA, GROSS: See section 9278 of this code, Definitions.
LOT AREA, NET: See section 9278 of this code, Definitions.
LOT, CORNER: A lot located at the intersection of two (2) or more streets, roads, or public road easements, not including alleys. A corner lot has frontage on two (2) streets and is considered to have two (2) front lot lines. LOT, DOUBLE FRONTAGE (THROUGH LOT): A lot abutting two (2) streets, roads, or road easements that are generally parallel to each other. Both lot lines are front lot lines and the lot is considered to have no rear lot line (see section 9225.5 of this code, Building Setbacks).
LOT, INTERIOR: A lot with frontage on only one street, road, or public road easement.
LOW IMPACT DEVELOPMENT (LID): A site planning and engineering design process for land development that emphasizes the preservation and use of critical on-site natural features to better manage stormwater runoff. LID techniques include maintaining natural drainage, minimizing land clearance, clustering buildings, and reducing impervious surfaces and are used instead of conventional methods of collecting, conveying and piping away stormwater runoff.
M. Definitions “M”:
MAINTENANCE/REPAIR – CLIENT SITE SERVICES: Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and maintenance/repair for appliances, computers, electronics, elevators, equipment, HVAC, instruments and plumbing where the service is performed on the client site.
MAINTENANCE/REPAIR SERVICE – LARGE EQUIPMENT, LARGE APPLIANCE: A business facility that provides repair and/or maintenance services for large appliances and equipment and other types of nonvehicular-related equipment that is brought to the facility by customers or picked up from the customer and delivered to the site for repair. These businesses do not operate on the same site as a retail establishment that sells the product being maintained or repaired. This type of use typically requires designated drop-off and pickup areas due to the size of the appliance/equipment being repaired, outside storage for equipment repaired or waiting to be repaired and materials to be recycled or sent for disposal, and parking for delivery vehicles. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.
MAINTENANCE/REPAIR – SMALL APPLIANCES: A business facility that provides repair and/or maintenance for small appliances, computers, electronics, and other types of nonvehicular-related equipment that is brought to the facility by customers. These businesses do not operate on the same site as a retail establishment that sells the product being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.
MEDICAL MARIJUANA DISPENSARY: See section 9278 of this code.
MEDICAL SERVICES – CLINIC, URGENT CARE: A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples include:
medical offices with more than four (4) licensed practitioners and/or medical specialties outpatient care facilities urgent care facilities other allied health services
MEDICAL SERVICES – MAJOR: Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, ancillary facilities for
outpatient and emergency treatment, diagnostic services, training, research, administration, and incidental services to patients, employees or visitors.
METAL PRODUCTS FABRICATION, MACHINE OR WELDING SHOP: An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include:
| uses include: | |
|---|---|
| blacksmith and welding shops |
sheet metal shops |
| plating, stripping, and coating shops |
machine shops and boiler shops |
| cabinet shops |
MINI-MARKET: See “General Retail.”
MIXED-USE: Multiple uses (office, retail, service, residential) within the same building or in multiple buildings within the same area adjacency. Mixed-use development often has a substantial commercial component that accommodates employees and walk-in trade.
MOBILE FOOD VENDOR: A retail business selling ready-to-eat food and/or beverages for off-premises consumption. These operate out of a vehicle and move from site to site throughout the day or week and the vehicle is not left on the site where food is sold overnight. They may be the only use on the site, but typically share the site with one or more uses. See also “Restaurant, Cafe, Coffee Shop” and “Mobile Food Vendor – Stationary.”
MOBILE FOOD VENDOR – STATIONARY: A retail business selling ready-to-eat food and/or beverages primarily for off-premises consumption. These typically operate out of a truck, kiosk, or similar small structure (often prefabricated) that remains on the site overnight. These uses may provide tables on the site for use by customers. They may be the only use on the site or may share the site with one or more other uses. See also “Restaurant, Cafe, Coffee Shop” and “Mobile Food Vendor.”
MUSEUM: See “Library, Museum.”
N. Definitions “N”:
NIGHTCLUB: A facility serving alcoholic beverages for on-site consumption and providing entertainment, examples of which include live music and/or dancing, comedy, etc. Does not include those uses allowed under “Adult Cabaret” or “Adult Entertainment Business.”
O. Definitions “O”:
OFFICE – ACCESSORY: An office facility incidental and accessory to another business or sales activity that is the primary use. These are allowed accessory to any other use allowed by Table 3: Allowed Uses and Permit Requirements.
OFFICE – BUSINESS/SERVICE: An establishment providing direct services to customers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, etc. This use does not include “Financial Services,” which is separately defined.
OFFICE – GOVERNMENT: An administrative, clerical, or public contact and/or service office of a local, State, or federal agency. Includes post offices, but not bulk mailing distribution centers.
OFFICE – MEDICAL, DENTAL: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis and that accommodates no more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, dentists, psychiatrists, etc.). Counseling services provided by other than medical doctors or psychiatrists are included under “Offices – Professional.”
OFFICE – PROCESSING: An office-type facility characterized by high employee densities, and occupied by a business engaged in information processing and other computer-dependent and/or telecommunications based activities. Examples of these include:
airline, lodging chain, and rental car company reservation centers computer software and hardware design and development consumer credit reporting data processing services health management organization (HMO) offices where no medical services are provided insurance claim processing mail order and electronic commerce transaction processing telecommunications facility design and management telemarketing accounting, auditing, and bookkeeping services advertising agencies attorneys commercial art and design services construction contractors (office only) counseling services court reporting services detective agencies and similar services design services, including architecture, engineering, landscape architecture and urban planning educational, scientific, and research organizations financial management and investment counseling literary and talent agencies management and public relations services media post-production services
OFFICE – PROFESSIONAL: An office-type facility occupied by a business that provides professional services and/or is engaged in the production of intellectual property. Examples of these include:
news services photographers and photography studios psychologists secretarial, stenographic, word processing, and temporary clerical employee services security and commodity brokers writers’ and artists’ offices
OPEN PARKING: Parking that is not located within a building or structure, such as parking located in a driveway or parking lot. See also “Parking Lot.” Does not include on-street parking.
OUTDOOR SALES ESTABLISHMENT: Any business or portion of a business operated to sell, display, barter or exchange goods or merchandise outside a structure on private property. Does not include outdoor dining or sidewalk cafes associated with a restaurant. Does not include food and/or beverage sales and outdoor dining associated with a mobile food vendor or stationary mobile food vendor.
P. Definitions “P”:
PARKING LOT: The use of land primarily for the parking of vehicles operated by the City or a private entity providing parking for a fee. Also includes “park and ride lots.” This type of parking also may be referred to as “Open Parking” since parking is located in the open rather than in a building or structure (see “Parking Structure”). Does not include towing impound and storage facilities, dismantling yards. PARKING STRUCTURE: A building containing two (2) or more stories of parking.
a private entity providing parking for a fee. Also includes “park and ride lots.” This type of parking also may be referred to as “Open Parking” since parking is located in the open rather than in a building or structure (see “Parking Structure”). Does not include towing impound and storage facilities, dismantling yards. PARKING STRUCTURE: A building containing two (2) or more stories of parking.
PEDESTRIAN ORIENTATION: A physical structure or place with a form, design qualities and elements that contribute to the creation of an active, inviting and pleasant place for pedestrians. Components include: 1. Building facades that are highly articulated at the street level and located directly behind the sidewalk. Articulation can be achieved through the use of interesting materials, colors, and architectural detailing.
Continuity of building facades along the street with few interruptions in the progression of buildings and stores.
Visibility into buildings at the street level.
Design amenities related to the street level such as storefronts, awnings, arcades, and landscaping.
A continuous sidewalk with minimal intrusions into the pedestrian right-of-way.
Public right-of-way amenities including street trees, benches, bike racks, and other street furnishing.
Signs oriented to the pedestrian rather than the motorist.
PEDESTRIAN-ORIENTED USE: A land use that encourages walk-in customers and does not exclude the general public. Pedestrian orientation creates visual interest, high customer turnover, and social interaction and provides a spontaneous draw from the sidewalk.
PERSONAL SERVICES: Establishments providing nonmedical services to individuals. Examples of these include:
| barber and beauty shops, nail salon |
massage (licensed, therapeutic) |
|---|---|
| clothing rental | shoe repair |
| dry cleaning pick-up stores with limited equipment |
tailors, dressmakers |
| home electronics and small appliance repair |
tanning salons |
| locksmiths | tattoo, body piercing |
PERSONAL SERVICES – RESTRICTED: Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impact. Examples of these include the following:
| check cashing services | psychics |
|---|---|
| fortune tellers, palm, card and tarot readers |
spas and hot tubs for hourly rental |
| pawn shops |
PET SERVICES: Grooming and retail services and grooming of dogs, cats, birds, fish, and similar small animals customarily kept as household pets with no facilities for boarding of pets. Does not include overnight boarding of animals (see definition of “Kennel”).
PET STORE: Any indoor sale of dogs, cats, birds, fish, reptiles, and other small animals and associated pet supplies. Does not include “Veterinarians” or “Kennels,” which are separately defined. This use may include the overnight stay of animals that are offered for sale at the establishment, provided these animals do not create noise that may be a nuisance to neighboring properties.
PLAYGROUND: See Table 2: Civic Spaces.
PLAZA: See Table 2: Civic Spaces.
POLICE STATION: See section 9278 of this code, Definitions, “Safety Services.”
PRINCIPAL BUILDING: A building that accommodates the primary use of the site.
PRINCIPAL ENTRANCE: The main point of access of pedestrians into a building.
PRINCIPAL USE: The main purpose for which a site is developed and occupied.
Q. Definitions “Q.” No specialized terms beginning with the letter “Q” are identified at this time.
R. Definitions “R”:
REAR YARD BUILDING: A building that occupies the full frontage line, leaving the rear of the lot as the sole yard (see Table 5: Building Types).
RECOMMENDED: Optional or suggested, not required.
RELIGIOUS ASSEMBLY: See section 9278 of this code, Definitions.
REQUIRED: Mandatory standards that must be followed.
REST HOME: See section 9278 of this code, Definitions.
RESTAURANT, CAFE, COFFEE SHOP: A retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include eating establishments where customers are served from an ordering counter for either on- or off-premises consumption (“counter service”); establishments where customers are served food at their tables for on-premises consumption (“table service”), which may also provide food for takeout; and exclusively pedestrian-oriented facilities that serve from a walk-up ordering counter. May include outdoor dining with the permit requirements included in Table 3: Allowed Uses and Permit Requirements. Does not include “Mobile Food Vendor” or “Mobile Food Vendor – Stationary,” which are separately defined.
RESTAURANT – FORMULA FAST FOOD: A restaurant that includes all of the following characteristics:
- Is required by contractual or other arrangements to maintain any of the following: substantially standardized menus, architecture, building appearance, signs, or other similar standardized features; and 2. Has three (3) or more of the following characteristics:
a. Food is pre-made and wrapped before customers place orders;
b. Food is served with disposable tableware for on-site consumption;
c. Food is ordered from a wall menu at a service counter;
d. Food consumed on the premises is ordered while customers are standing;
e. Payment is made by customers before food is consumed; or
f. The service counter is closer to an entry/exit than is the seating/dining area.
Ice cream shops, coffeehouses, bakeries, hot dog stands, or other businesses whose primary function is not the sale of full meals are exempted from this definition.
RETAIL: Premises available for the sale of merchandise and food service.
RIPARIAN CORRIDOR: The aggregate of vegetative and associated wildlife areas occurring along the entire length of a natural, freshwater course of water. Riparian vegetation consists of the plant material living near or on the banks of watercourses.
S. Definitions “S”:
SAFETY SERVICES: See section 9278 of this code, Definitions.
SCHOOL: A public or private academic educational institution, including:
| boarding school | high school |
|---|---|
| community college, college, university |
military academy |
| elementary, middle or junior high schools |
|
| SCHOOL – SPECIALIZED EDUCATION AND | TRAINING: A public or private academic ed |
| art school | establishments providing courses bymail |
| ballet and other dance schools | language school |
| business, secretarial, and vocational school |
music school |
| computers and electronics school |
professional school (law, medicine,etc.) |
| drama school | seminaries/religious ministry training facility |
| driver education |
SCHOOL – SPECIALIZED EDUCATION AND TRAINING: A public or private academic educational institution that provides specialized education or training. Examples include the following:
See also the definition of “Studio – Art, Dance, Martial Arts” for smaller scale facilities offering specialized instruction. SECOND HAND, THRIFT STORE: A retail store that buys and sells used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines, office equipment, tools, motors, machines, instruments, or any similar second hand articles or objects. Does not include bookstores (“General Retail”); pawn shops (“Personal Services – Restricted”); junk dealers, or scrap/dismantling yards (“Scrap and Salvage Services”); the sale of antiques and collectibles (“General Retail”); or the sale of cars and other used vehicles (“Automotive Sales and Service”). SHOPPING CENTER: A unified commercial development on a minimum of two (2) acres occupied by a group of five (5) or more separate businesses occupying substantially separate divisions of a building or buildings focused on a privately owned common mall or parking lot rather than a street. SIDE YARD BUILDING: A building that occupies one side of the lot with a setback to the other side (see Table 5: Building Types). SMALL PRODUCT MANUFACTURING: Establishments manufacturing and/or assembling small products primarily by hand, including manufacturing establishments producing small products not classified in another major manufacturing group. Examples include manufacturing of costume novelties, jewelry, musical instruments, sporting and athletic goods, toys, and other similar items. SMOKE SHOP: An establishment that sells tobacco or tobacco products for on-site or off-site use or products defined as drug paraphernalia by Division 7, Chapter 1, Article 7 of this code. Examples include hooka shops and head shops.
or manufacturing group. Examples include manufacturing of costume novelties, jewelry, musical instruments, sporting and athletic goods, toys, and other similar items. SMOKE SHOP: An establishment that sells tobacco or tobacco products for on-site or off-site use or products defined as drug paraphernalia by Division 7, Chapter 1, Article 7 of this code. Examples include hooka shops and head shops.
SOCIAL HALL: See section 9278 of this code, Definitions. SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS: A retail beverage and/or food store characterized by its small size, a limited number of high quality specialty food items and/or beverages typically including premium wine and beer. This use may also include tastings of the products sold on site. SQUARE: See Table 2: Civic Spaces. STORAGE – ACCESSORY: The indoor storage of materials accessory and incidental to a principal use is not considered a land use separate from the principal use. STORAGE – PERSONAL STORAGE FACILITY: Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. STORAGE – YARD: The open storage of materials outside of a structure, other than fencing, as an accessory use. A storage yard is not allowed as a principal use (see Table 3: Allowed Uses and Permit Requirements). STOREFRONT: A facade at the ground story that is subject to special adaptation, such as recessed doors and display windows for retail uses. Examples of frontage types that include storefronts are “shopfront and awning,” “gallery,” and “arcade” (see Table 8: Private Frontage Types). STREETSCAPE: The urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for vehicles, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.) and the amenities of the public frontages (street trees and plantings, benches, street lights, etc.).
STREETSCREEN (STREETWALL): A freestanding wall built along the frontage line, or coplanar with the facade, often for the purpose of masking parking from the street.
STRUCTURAL SOIL OR CELLS: An artificially engineered medium that meets or exceeds street load-bearing requirements for structurally sound pavement design and installation, while supporting tree growth, remaining root penetrable, and encouraging deep root growth away from the pavement surface.
STUDIO – ART, DANCE, MARTIAL ARTS: Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples of these facilities include: individual and group training in the arts; photography and the processing of photos produced only by the users of the studio; martial arts training studios; gymnastics, yoga and similar instruction; and aerobics and gymnastics with no other fitness facilities. Larger facilities are included under “School – Specialized Education and Training.”
ructional space. Examples of these facilities include: individual and group training in the arts; photography and the processing of photos produced only by the users of the studio; martial arts training studios; gymnastics, yoga and similar instruction; and aerobics and gymnastics with no other fitness facilities. Larger facilities are included under “School – Specialized Education and Training.”
SUBSTANTIAL MODIFICATION: Any alteration, abandonment, damage, destruction, or loss of or to a building that would result in the loss of status as a nonconforming use or nonconforming buildings under subsection 9209D or E of this code or would require a discretionary permit.
T. Definitions “T”:
TELECOMMUNICATIONS, ANTENNAS: Broadcast and receiving antennas for radio, television, telegraph, telephone, wireless data network, and other wireless communications, including earth stations for satellite-based communications. Includes support structures and ancillary equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections.
TELECOMMUNICATIONS FACILITIES: Structures other than telecommunications antenna equipment buildings that are primarily for accommodating equipment for any of the following or similar services. Includes equipment facilities for Internet service providers and the following:
A telephone service provider, whether wireless or nonwireless, digital or analog, or otherwise, where customer or subscriber lines are joined or connected to switching equipment that connects customers or subscribers to each other. Includes telephone switching facilities.
A data center housing one or more large computer systems and related equipment for collecting, maintaining and/or processing data, and providing other data processing services.
A “server farm,” or group of computer network servers that are housed in one location.
TELECOMMUNICATIONS TOWER: A mast, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast no more than twelve feet (12') in height and six inches (6") in diameter shall not be considered a telecommunications tower.
TERMINATED VISTA: A site or space at the termination of a thoroughfare, or at the visual termination of a street segment designated on the Special Designations Map. A building located at a terminated vista shall be designed in response to its visual prominence.
THEATER – MOVIE OR LIVE PERFORMANCE: An indoor facility for public assembly and group entertainment, other than sporting events. Examples of these include:
| civic theaters and facilities for live theaters and concerts |
open air theaters |
|---|---|
| movie theaters | similar public assembly facilities |
THOROUGHFARE: A vehicular way incorporating travel lanes and often parking lanes within a right-of-way.
TRANSITION LINE: A horizontal line spanning the full width of a facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.
TRANSPORTATION SERVICE: See section 9278 of this code, Definitions.
TRANSPORTATION TERMINAL: See section 9278 of this code, Definitions.
TURRET: A small tower, an ornamental or functional structure at an angle of a larger structure.
U. Definitions “U”:
USABLE OUTDOOR SPACE: Outdoor space that is available and accessible to the occupants of an individual unit, building, or building site for the purpose of active and/or passive recreation. Usable outdoor space includes the aggregate of side and rear yards, roof decks, and patios, balconies and decks having a depth of at least three feet (3') and an area of not less than thirty (30) square feet. Usable outdoor space does not include driveways, areas for off-street parking and services, and ground level areas with a width of less than five feet (5') or a maximum dimension of more than ten feet (10'). At least seventyfive percent (75%) of the usable outdoor space shall have a slope of ten percent (10%) or less.
USE: The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
V. Definitions “V”:
VEHICLE SERVICES: The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use included the following categories:
Major Repair/Body Work: These establishments include towing, collision repair, other body work, painting services, and tire recapping.
Minor Maintenance/Repair: Minor facilities providing limited repair and maintenance services. Examples include attended and self-service car washes, detailing services, muffler shops, radiator shops, quick lube services, oil change services, tire and battery sales and installation (not including recapping).
Drive-up and drive-through service bays associated with vehicle services are not considered an accessory drive-up, drive-through use as identified in Table 3: Allowed Uses and Permit Requirements, and instead are considered part of the vehicle services use.
VETERINARY OFFICE OR SERVICE – SMALL ANIMAL: See section 9278 of this code, Definitions.
VISION TRIANGLE: Proposed structures and landscaping on a corner lot shall comply with the following vision triangle height limits as required for public safety. The boundaries of a vision triangle are formed by drawing lines from the point of intersection of a lot’s street corner property lines to points thirty feet (30') along the two (2) property lines, and then connecting the two (2) points with a straight line.
W. Definitions “W”: No specialized terms beginning with the letter “W” are identified at this time.
X. Definitions “X”: No specialized terms beginning with the letter “X” are identified at this time.
Y. Definitions “Y”: No specialized terms beginning with the letter “Y” are identified at this time.
Z. Definitions “Z”: No specialized terms beginning with the letter “Z” are identified at this time. (Ord. 1139, §2 (Exh. A, 13.030), adopted 2012) Home Previous Next
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CHAPTER 2 ZONING
ARTICLE 19. SPECIAL SITUATIONS
SECTION:
§9250: Building Site Area; Exception Of Prior Nonconforming Land §9251: Building Site Not Having Principal Frontage On Accepted Street §9252: Large Areas Not Fronting On Public Street Approvable As Two Building Sites Under Certain Conditions §9253: Density Bonuses And Other Incentives For Low And Moderate Income Housing §9254: Cannabis Cultivation
§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.
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.
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.
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:
Public Nuisance: The violation of this section is hereby declared to be a public nuisance.
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.
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 |
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| 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. |
- 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 |
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| 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:
Publication in a newspaper of general circulation in the City.
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.
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.
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.
The Zoning Administrator shall review, conduct public hearings, and decide upon all minor use permit applications.
Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.
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. |
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| 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:
A detailed site plan sufficient to fully illustrate the proposed project and adjoining land uses.
Elevation drawings of all proposed structures.
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.
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.
- 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.
The Zoning Administrator shall review, conduct public hearings, and decide upon all minor site development permit applications.
Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.
The Planning Commission shall review, conduct public hearings, and decide upon all major site development permit applications.
Appeals of the Planning Commission actions shall be heard by the City Council for a final decision.
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.
- 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. |
A minute order action of intention of the City Council or Planning Commission.
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:
The proposed use is listed in this Chapter as a use permitted pursuant to an administrative use permit and subject to performance standards;
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;
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.
Any other findings required under Article 23 of this Chapter for the specific use;
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.
- 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.
- 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:
Grazing of livestock and feeding and caring incidental thereof;
Animal husbandry including, without limitation, the breeding and raising of cattle, sheep, horses, goats, pigs, rabbits, and poultry, including egg production;
Sale of agricultural products grown, raised, or produced on the premises;
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;
Maintained in coops or pens located at a distance of fifty feet (50') or more from buildings used for human habitation;
Coops or pens shall be located only on the rear one-third (1/3) of the lot;
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:
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.
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.
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.
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.
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.
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:
- 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:
- 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.
Front Yard: A required yard extending the full width of a lot between the front lot line and the front setback line.
Rear Yard: A required yard extending the full width of a lot between the rear lot line and the rear setback line.
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:
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.
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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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.
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.
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.
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.
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:
All outdoor dining furnishings and all exterior surfaces within the sidewalk cafe area shall be easily cleanable and kept clean and free of debris.
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:
- 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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