HomeMy WebLinkAbout720 Amending Division 9`~4i t
ORDINANCE N0. 720
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF URIAH AMENDING DIVISION 9, CHAPTER 2
OF THE CITY OF UKIAH ZONING ORDINANCE
The City Council of the City of Ukiah does ORDAIN as follows:
Section 1. The following sections Nos. 9161, 4165, 9167, 9168,
9203, 9208,9212, 9213, 9214, 9215, 9241, 9242, 9243, 9244, 9245,
9246, 9247 are amended to read as follows:
Section 9161 - 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) Accessory uses and accessory buildings in any C-N, C-1 or C-2
District where such uses or buildings are incidental to and do
not alter the character of the premises in respect to their use
for the purposes allowed or permitted in such district. Such
accessory buildings shall be allowed only when constructed con-
currently with or subsequently to the main building.
c) 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.
d) The removal of minerals, earth and other natural materials in
any district.
e) Adult entertainment businesses as defined in Section 9262.1
only in zones which do not allow residential development pursuant
to the following conditions:
1) established 500 feet from any residential use and
2) 500 feet from any church, school, park or playground and
3) no closer than 1,000 feet of another such establishment
4) windows and doors screened so that the interior of the
establishment may not be seen
5) signing indicating that no one under the age of 18 years
shall be admitted.
f) Temporary uses for a period not to exceed six months in any
district subject to permit renewal at discretion of the Planning
Commission .
Section 9165 - Number of Parking Spaces Required:
The number of parking spaces required for the uses set forth in
this section shall be as follows:
1) RESIDENTIAL USES:
a) Single-family dwellings: Two garage or carport spaces
for each dwelling unit.
b) Duplexes: One garage or carport space per unit.
c) Multiple-family dwellings: One and one-hal£ parking spaces
per unit, one of which must be in a garage which may be visible
from the street, or in a carport not visible from the street.
The additional space need not be covered.
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d) Hotels, motels, motor hotels, inns, and auto courts:
One parking space for each dwelling unit or lodging room,
plus two additional parking spaces for the office or
manager quarters.
e) Lodging houses and boardinghouses: One garage or carport
space for every two lodging rooms, plus one garage or car-
port space for the owner or manager.
f) Private clubs and lodges with sleeping facilities: One
parking space for every two lodging rooms, plus parking
spaces equal in number to 200 of the capacity, in persons,
for the remainder of the building.
2) RETAIL, COMMERCIAL AND SERVICES USES:
a) Retail stores, offices, commercial banks, savings and
loan offices, food stores, drug stores: One Parking space
for each 250 sq. ft. of gross leasable space. Similar uses
having drive-up windows or drive-through facilities shall
have stacking area for five vehicles. The City may require
additional parking areas in instances involving shopping
centers and/or where the approval of site development plans
are necessary.
b) Furniture and Appliance stores: One space for every 500
sq. ft. of gross floor area.
c) Barber shops and Beauty parlors: Two spaces for each
barber chair or three for each beautician station.
d) Coin operated laundromats or dry cleaning: One for each
three washing machines.
e) Automobile service stations: Three parking spaces for
each service bay and one space for every two employees.
f) Automobile cleaning establishments:
i) Self-service: Four parking spaces per washing bay.
ii) Automatic, one lane car wash: 12 car stacking
spaces, plus one space for each employee; two lane
car wash; 20 car stacking spaces, plus one space
for each employee.
g) Funeral homes and mortuaries: One parking space for
each four seats in each chapel or parlor room, plus one
space for each employee, plus one space for each funeral
vehicle kept on the premises.
3) COMMERCIAL RECREATION USES:
a) Bowling Alleys and/or Billiard Halls: Four parking spaces
for each bowling lane, and two per billiard table, plus
such additional spaces as may be required for affiliated
uses such as bars and restaurants.
b) Theaters (indoor): One parking space for each three seats.
Drive-in Theaters: Reservoir parking spaces equal to 10~ of
the vehicle capacity of such theater, which spaces shall
be in the form of a driveway in front of the ticket booth.
c) Golf Driving ranges: One parking space per tee, plus the
spaces required for additional uses on the site.
d) Regulation Golf Courses: Six parking spaces per hole plus
the spaces required for accessory uses on the site.
e) Pitch and Putt and Miniature Golf Course: Three parking
spaces per hole plus the spaces required for accessory uses
on the site.
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f) Dance halls, ice or skating rinks, assembly or exhibition
halls (without fixed seating): Parking spaces equal in number
to 300 of the capacity in persons plus spaces required for
additional uses on the site.
g) Swimming pools (commercial): One parking space for each
100 square feet of water surface, plus one space for each em-
ployee, but not less than ten spaces for any such use.
h) Tennis, handball and racquetball facilities: Three parking
spaces for each court plus the spaces required for additional
uses on the site.
i) Recreation buildings and Community centers: One parking
space for each employee on duty at any one time plus parking
spaces equal in number to l00 of the capacity in persons.
4)
5)
PLACES OF PUBLIC ASSEMBLY:
a) Public establishments, bars, restaurants, taverns and
nightclubs: One parking space for each two seats, plus one
space for each employee on a maximum shift.
b) Drive-in, drive-through and take-out restaurants: Minimum
of ten parking spaces or one space for each 100 square feet
of gross floor area, whichever is greater and stacking area
for at least five vehicles.
c) Libraries, Art galleries, and public museums: One parking
space for each 300 sq. ft. of gross floor area.
d) Private clubs, lodge halls, union headquarters: One park-
ing space for each 100 sq. ft. of gross floor area.
e) Stadiums, churches, school, college and other institutional
stadia, arenas or auditoriums and other places of assembly not
specified above. One parking space for each five seats in the
assembly area. Adequate space shall be provided for buses used
in connection with the activities. Where set seating is not
provided parking spaces shall be provided equal in number to
20~ of the capacity in persons.
f) Church classrooms and offices: One parking space for each
classroom or office.
EDUCATIONAL USES:
a) Day Nurseries, including pre-schools and nursery schools:
One parking space for each employee plus one space for each
10 children.
b) Elementary and junior high schools: Two parking spaces for
each classroom.
c) Senior high schools: One parking space for each member of
the faculty and each employee, plus one space for each six
students regularly enrolled.
d} Colleges, universities and institutions of higher learning,
parochial, private, business, professional and trade schools:
One parking space for each thr~ students plus one space for
each two faculty members and employees,
6) HEALTH USES:
a) Medical or dental offices: Five parking spaces for each
doctor or dentist, or two parking spaces for each examining
room, whichever amount is greater.
b) Convalescent
children's homes
three beds.
and nursing homes, homes for aged, rest homes,
and sanitariums: One parking space for each
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c) Hospitals: Three parking spaces for each permanent bed.
d) Veterinary hospitals and clinics: Five parking spaces for
each doctor.
e) Health studios and spas: One parking space for each 150
sq. ft. of gross floor area. (For the purpose of this sub-
section, swimming pool area shall be counted as floor area).
7) MANUFACTURING PLANTS, WAREHOUSING AND KINDRED USES:
a) Industrial uses of all types except a building used ex-
clusively for warehouse purposes: One parking space for each
employee on the maximum shift, plus required space for any
office area, plus a minimum of four spaces for customer
parking plus one space 'f or each vehicle operated from or on the site.
b) Warehouse, storage buildings: One parking space for each
2,500 sq. ft. up to 25,000 sq. ft.,; one for each additional
5,000 sq. ft. or one parking space for each two employees on
the maximum shift, whichever amount is greater, plus four
spaces for customers and one space for each vehicle operated
from or on the site.
c) Wholesale establishment: One parking space for each 500
sq. ft. of gross leasable space.
d) Public Utility Facilities including, but not limited to
Electric, Gas, water, Telephone and Telegraph facilities not
having business offices on the premises: 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 spaces.
e) Contractor's Storage Yards in connection with contractor's
business, salvage yards, junk yards, automobile wrecking
yards: Six off-street parking spaces separated from enclosed
storage area.
Section 9167 - Site Development Permits
a) Required for the construction of any new structure.
1) No building permit shall be issued by the Building
Official in any R-3, C-N, C-1, C-2, M or 0 Districts,
except upon the application and issuance of a site de-
velopment permit to the property owner in accordance
with the provisions of this article.
2) The securing of a permit in accordance with the pro-
visions of this article may be required as a condition
of the granting of a use permit or variance in any district.
b) Applications - Accompanying data
1) Preliminary building plans (not construction drawings);
2) Plot plans showing the following:
a) The boundaries of affected property and of
immediately adjacent properties:
b) An outline of the proposed buildings or additions
and the location of the nearest of adjacent buildings,
the use therein, and the street address;
c) The adjoining streets, including their widths and names;
d) Landscaping, in detail, showing:
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i) Scientific and common names;
ii) The size when planted; such as five gallons:
iii) The treatment of all unpaved areas not occupied
by structures;
e) Recreation facilities, in detail showing:
i) Specific proposal, such as pools and barbecue pits,
ii) Specific locations;
f) The parking layout showing driveways, circulations
patterns, ingress and egress, and the delineation of
all paved areas;
g) The calculation of required parking spaces;
h) Fencing, showing:
i) Height and
ii) Architectural details and
i) The flow of drainage
3) Elevations showing the following:
a) The front, rear, and side of each building,
b) Proposed signs, in detail,
c) Architectural features and the treatment of
exterior surfaces of buildings, and,
d) The elevation of proposed fences, showing surface
treatment,
4) The legend showing the following:
a) Reference to north;
b) The name of the applicant and the owner if the
applicant is not the owner;
c) The lot, block, and subdivision number and if an
acreage, the assessor's parcel number;
d) The date;
e) The scale;
f) The square footage of the parcel, and
g) The present zoning, and
5) Such other drawings, copies, statements, and information
as required by the provisions of this chapter, or as re-
quested by the Planning Director.
c) Applications: Accompanying data: Transmittal to departments
Upon the receipt of applications for site development permits, the
Department shall forward one copy of the plans to the Parks and
Recreation Department, and Fire Department, and three copies of the
plan to the Public Works Department for review and comments.
d) Issuance: Conditions
Upon the receipt of comments from the departments set fgrth in
Section 9222 of this article, the Commission shall consider
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the application for a site development permit in a regular
agended public meeting. The Commission shall grant, condi-
tionally grant, or deny the application. Items for considera-
tion include, but are not limited to:
1) Wh=_ther the location, size, and intensity of the proposed
operation will create a hazardous or inconvenient vehicular
or pedestrian traffic pattern, taking into account the pro-
posed use as compared with the general character and inten-
sity of the neighborhood;
2) Whether the accessibility of off-street parking area and
the relation of parking areas with respect to traffic on ad-
jacent streets will create a hazardous or inconvenient con-
dition to adjacent or surrounding uses:
3) Whether sufficient landscaped areas have been reserved for
the purposes of separating or screening service and storage
areas from the street and adjoining building sites, breaking
up large expanses of paved areas, and separating or screening
parking lots from the street and adjoining building areas from
paved areas to provide access from buildings to open areas:
4) Whether the proposed development, as set forth on the plans,
will unreasonably restrict or cut out light and air on the
property and on other property in the neighborhood, or will
hinder or discourage the appropriate development and use of
land and buildings in the neighborhood, or impair the value
thereof;
5) Whether the improvement of any commercial or industrial struc-
ture as shown on the elevations as submitted, is substantially
detrimental to the character or value of an adjacent Residential
(R) District area;
6) Whether the proposed development will excessively damage or
destroy natural features, including trees, shrubs, creeks, and
rocks, and the natural grade of the site, and
7) Whether there is sufficient variety in the design of the
structure and grounds to avoid monotony in the external
appearance.
e) Transmittal to Building Official and Applicant:
Upon the approval of an application for a Site Development Permit, a
copy of the permit and the approved plat and drawings shall be
immediately transmitted to the Building Official and to the applicant.
f) Time Limit:
Site development permits granted in accordance with the provisions of
this article shall become null and void if construction is not commenced
within six months from the effective date of such permit unless the
terms of the permit allow a greater period of time. Commenced construc-
tion is defined as issuance of a building permit by the Building
Official.
g) 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 Planning Commission may grant or deny an application for renewal.
1) Violations. Any site development permit granted pursuant
to the provisions of this article may be revoked if any of the
conditions or terms of such permit are violated or if any law
is violated in connection therewith.
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2) Hearings: Notices. The Commission shall hold a public
hearing on the proposed revocation of such permit after
giving written notices to the permittee and to the owners
of adjacent property, as set forth in Section 9242 of Article
23 of this chapter, at least ten (10) days prior to the
hearing and the Commission's action shall be final unless
appealed.
h) Appeals:
If the applicant for a site development permit and the Commission are
unable to reach an agreement as to the conditJOns of the permit, the
applicant shall notify the City Manager, in writing, within 15 days
of the Commission's action as to the matters he is in opposition,
such written objection shall be considered an appeal to the Council.
The matter shall be set for the next available Council agenda.
i) Conformance:
It shall be unlawful and a violation of the provisions of this chapter
for any person to construct, erect, alter, or modify any structure
except in strict conformity with any site development permit issued.
Section 9168 - Non-conforming 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.
Section 9203 - Public hearings: Notices:
a) The Commission shall hold a public hearing on each application for a
use permit and shall give notice of such hearing by publication in a
newspaper of general circulation within the City at least ten days prior
to the date of the hearing to the owners of the property within a radius
of 300 feet of the exterior boundaries of the property which is the
subject of the application, using for such purpose the last known name
and address of such owners as shown upon the current assessment roll of
the County. The failure of any person to receive such notice shall
not invalidate the use proceedings.
Section 9208 - Applications: Date: Fees: Conditions:
Application for variance shall be made to the Planning Department in
writing on a form prescribed by the City Council and shall be
accompanied by a fee established from time to time by resolution of
the City Council along with twelve (12) sets of statements, plans,
and evidence showing.
a) That any variance granted shall be subject to such conditions as
will assure that the variance thereby authorized shall not constitute
a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and district in which the subject
property is situated.
b) That because of special circumstances applicable to the subject
property, including size, shape, topography, location or surroundings,
the strict application of this chapter is found to deprive subject
property of privileges enjoyed by other properties in the vicinity
and under identical zone classifications.
c) That the granting of such application will not, under the circum-
stances of the particular case, materially or adversely affect the
health or safety of persons residing or working in the neighborhood
of the property of the applicant and will not, under the circumstances
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of the particular case, be materially detrimental to the public
welfare or injurious to property or improvements in the neighborhood.
Section 9212 - General Provisions:
a) Any use permit or variance which by its terms is made conditional
on the occurrence or non-occurrence of a stated act, event, or
happening shall upon the failure of such condition terminate without
any further action of the granting body, and shall thereafter be null
and void.
b) Any use permit or variance which by its terms is granted only for
a certain time period, shall terminate without any further action of
the granting body upon the expiration of such stated term period, and
shall thereafter be null and void.
Section 9214 - Revocation of use permit or variance:
Any use permit or variance, whether hertofore issued under the terms
of any other ordiannce or which has been granted under the terms of
this chapter, may be revoked in the manner provided for in Section
9272 for any of the following reasons:
a) If such use permit or variance has not been fully put to use within
one (1) year or for such time as granted from the date of granting.
b) If construction associated with such use permit or variance has not
commenced within six months. Commenced being defined as issuance of a
building permit by the Building Inspector.
c) At any time if any of the terms or conditions of such use permit or
variance are violated. A declared intent to refuse to comply with
such terms or conditions shall be deemed to be a violation.
d) At any time if the use of such use permit or variance constitutes
or will constitute a violation of any law or ordinance.
e) At any time if the use of such use permit or variance ceases for
a continuous period of six months; provided, however, that revocation
proceedings on this ground must be commenced after such use has ceased
for six consecutive months and while the cessation continues.
f) At any time if the use or continuance of the use of such use permit
or variance is or would be detrimental to the health, safety, morals,
comfort or general welfare of persons residing or working in the
neighborhood of such use, or injurious or detrimental to property and
improvements in the neighborhood, or against the general welfare of the
residents of the City. In taking action under this sub-section due
consideration shall be given to the extent of any change of position
in reliance upon the use permit or variance, the duration of existence
of such use permit or variance, the value of improvements, if any,
made thereunder, any change since the time of issuance in character of
the area for which such use permit or variance has been issued, and
similar facts. Such consideration shall be given such weight as the
hearing body may determine to be appropriate under the circumstances.
Section 9215 - Hearing on proposed revocation of use permit or variance:
The Planning Commission shall hold a hearing on all proposed revocation
of use permits or variances. The same notice procedure as required
by Section 9242 of Article 22 of this Chapter shall be given in case
of such hearing for revocation. In the event that the Planning Com-
mission finds that the use permit or variance is subject to revocation
pursuant to Section 9214 it may, revoke the same.
Section 9241 - Initiation of amendments:
An amendment may be initiated by:
a) 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 established from time to time
by resolution of the City Council.
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b) A minute order action of intention of the City Council, or
c) A minute order action of intention of the Planning Commission.
Section 9242 - Hearings by Commission: Text amendment; Notices:
The Planning Commission shall hold at least one (1) public hearing on
any proposed amendment, and shall give notice thereof by at least one
publication in a newspaper of general circulation, published and
circulated within the City, at least ten days prior to such hearing.
Such notice shall include a general explanation of the matter to be
considered and a general description of the area affected.
Section 9243 - Hearings by Commission: District boundary changes:
Notices:
In the event the proposed amendment consists of a change of the boundaries
of any district so as to reclassify property from any district to any
other district, the Planning Commission shall give additional notice of
the time and place of such hearing and of the purpose thereof by mailing
a written notice, not less than ten days prior to the date of such
hearing, to the owners of property within a radius of 300 feet of the
exterior boundaries of the property to be changed and to the owners of
all property within such boundaries, using for such purpose the last
known name and address of such owners as shown upon the current assess-
ment roll of the county.
Such notice shall include a general explanation of the matter to be
considered and description of the property affected in the proposed
change of district, the time and place at which the public hearing
on the proposed change will be held, and any other information which
the Commission may deem to be necessary. The failure of the Commission
to mail such notices, or the failure of any owner to receive such
notices, shall not invalidate the hearing proceedings.
Section 9244 - Commission action.: Resolutions:
After the hearing, the Commission shall render its decision in the form
of a written report documenting Findings and Recommendation to the
Council. Such report shall include the reasons for the recommendations
and shall be transmitted to the Council within 15 days from the date of
its decision.
Section 9245 - Hearings by Council - Notices:
Upon receipt of the recommendations of the Commission, as provided in
Section 9244 of this article, the Council shall hold a public hearing
on the matter. A notice of the time and place of such hearing shall be
given in the manner provided for the giving of such notice of the hear-
ing by the Commission as set forth in Sections 9242 and 9243 of this
~ article. Any such hearing may be continued from time to time.
Section 9246 - Zoning Change:
The Council may approve, modify, or disapprove the recommedation of
the Commission; provided, however, any modification or alternative of
the proposed amendment not previously considered by the Planning Com-
mission or by the Council shall first be referred to the Commission
for a report and recommendation. The Commission shall not be required
to hold a public hearing thereon. Failure of the Commission to report
within 30 days after the reference shall be deemed to be approval of
the proposed modification.
After the receipt of such report, or after such 30 days have passed,
the Council may adopt the amendment.
The decision of the Council shall be rendered within 60 days after the
receipt of the report from the Commission, or, in the event of a
modification, after the expiration of the additional 30 days.
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Section 9247 - 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. The prezoning of
territory shall be accomplished by using the procedure set forth in
Section 9242 of this article; provided, however, the notice of hearing
required by the provisions of Section 9242 of this article shall be
published at least once 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 the hearing
shall be mailed to the owners of the property within a radius of 300
feet of the exterior boundaries of the property which is the subject
of the application, using for such purpose the last known name and
address of such owners as shown upon the current assessment roll of
the County. The failure of any person to receive such notice shall
not invalidate the use proceedings.
The ordinance prezoning a territory shall become effective upon the
effective date of the ordinance or resolution annexing such territory
to the City.
Section 2. The following sections Nos. 9166, 9211, 9216, 9224, 9264,
9285, 9301, 9306, and 9310 are repealed.
Section 3. This ordinance shall be published as required by law in a
newspaper of general circulation published in the City of Ukiah.
Section 4. This ordinance shall become effective 30 days after its
adoption,
PASSED AND ADOPTED this 15th day of November, 1978, by the
following roll call vote:
AYES:
NOES:
ABSENT:
Councilmembers Hickey, Simpson, Mayor Brannon
Councilwoman Snyder
Councilman Myers
s/ Ira Brannon
ATTEST:
s/ Hattie M. Tillotson
rY ~ i 1C~fCNw
~:itr Of Ukiah, CoYfomia
Certified To B~ A Tms And Exact Copy
~~/l3~rta Hsttis M. Tillobo~