§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:

1. Drop-off and pick-up of children shall be staggered.

2. 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:

1. 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).

2. 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.

3. 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.

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 authorized with Zoning Administrator approval of a minor use permit.

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 Division 3, Chapter 7 of this code (sign ordinance).

7. 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:

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 Planning 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 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.

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 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)