§9224.9 RESTAURANT – FORMULA FAST FOOD — Ukiah Zoning Code

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)