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HomeMy WebLinkAbout1110 Amending chapter 2 (zoning) of division 9ORDINANCE NO. 1110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9265 of the Ukiah City Code, Division 9, Chapter 2 (Zoning) is amended to repeal the maximum forty percent lot coverage requirement and address setbacks, allow relaxed standards for condominium development, allow parking reductions for affordable housing, special needs housing and residential mixed use projects in the C-1 and C-2 zoning districts, add Reasonable Accommodation provisions for disabled persons, and in all zones allow one parking space located within the setbacks on a driveway, as indicated on the attached Exhibit "A." SECTION TWO The amendment to Chapter 2 of Division 9 of the Ukiah City Code includes amending Subsection B of Section 9084 to allow density averaging in the C-1 district, amending Subsections A and B of Sections 9085 and 9099 to reduce the front setback to five feet in the C-1 and C-2 districts, repeal Subsection C of Sections 9087 and 9101 eliminating the lot coverage requirement in the C-1 and C-1 districts, amending Subsection C and adding Subsection K to Section 9150 increasing density allowances and adjusting setbacks for condominium units, adding Section 9186 providing a procedure for persons with disabilities to request a reasonable accommodation, adding Subparagraphs A7, A8 and A9 to Subsection A of Section 9198 to allow consideration of reduced parking requirements for specific housing types, amending Subsection F of Section 9197 to make wording of design standards for parking areas consistent, repeal Section 9212 which duplicates another section, and amending Subsection B of Section 9278 allowing one uncovered parking space on the driveway within the setback. SECTION THREE This amendment to Chapter 2 of Division 9 of the Ukiah City Code is necessary to implement the General Plan Housing Element and promote residential infill development and efficient land use. SECTION FOUR Staff concluded and the Planning Commission agreed that the proposal was exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3), because it can be seen with certainty that no physical change to the environment will occur. SECTION FIVE This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION SIX This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on Seatember 17. 2008 by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin NOES: Councilmember Baldwin and Mayor Crane ABSENT: None ABSTAIN: None Passed and adopted on October 1.2008 by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, and Mayor Crane NOES: Councilmember Baldwin ABSENT: None ABSTAIN: None ouglas F. Crane, Mayor ATTEST: Linda Brown, City Clerk EXHIBIT A 9084: BUILDING SITE AREA REQUIRED: B. For each family unit intended to occupy any building or group of buildings a minimum of one thousand five hundred (1,500) square feet of site area. The total number of residential units allowed in mixed use projects may be based on an average of one unit per one thousand five hundred (1,500) square feet over the entire project site including the portion devoted to commercial uses. 9085: REQUIRED YARD SETBACKS IN C-1 ZONE: 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. 9087: ADDITIONAL REQUIREMENTS IN C-1 ZONE: Subsection C of Section 9087 of the Ukiah City Code is hereby repealed: 9099: YARDS REQUIRED IN C-2 ZONE: 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. 9101: ADDITIONAL REQUIREMENTS IN C-2 ZONE: Subsection C of Section 9101 of the Ukiah City Code is hereby repealed: r ~rN i..~ ~ti.,u ti~ s,...., es innoi ~ s Ftie .. e s tie ..,....~.., ....e.....e ..~... ...~~ ~,~ 9150: CONDOMINIUM DEVELOPMENT STANDARDS: 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, Single-Family 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'). 2. 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. 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'). 9186: REASONABLE HOUSING ACCOMMODATION FOR DISABILITY. Section 9186 of the Ukiah City Code is hereby added to read as follows: A. 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. 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. 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. 2. Whether the request for is necessary to make specific housing available to an individual with a disability as defined under the Acts. 3. Whether the request would impose an undue financial or administrative burden on the City of Ukiah, or require a fundamental alteration in the nature of a City program or law. 4. Whether the request would pose impacts to surrounding uses. 5. Whether the request is based on the attributes of the property and structures. 6. Whether alternative reasonable accommodations that may provide an equivalent level of benefit could be undertaken. In granting an 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 restoration of the property to its former condition and recording in the office of the County Recorder notice thereof. E. 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 article 20 of this chapter. 9197: DESIGN STANDARDS FOR PARKING AREAS: F. Wall to Wall for Double Aisle Where posts, columns, or other architectural appenditures, other than wheel stops, are located within parking areas, such posts, columns, or other appenditures shall not be permitted to be calculated within the required minimum parking dimensions set forth above. Further, such posts, columns, or other appenditures shall not interfere with vehicular movement and parking or the opening of vehicular doors. 9198: OFF-STREET PARKING -NUMBER OF PARKING SPACES REQUIRED: A.7. Special Needs Housing. In any district, the Planning Director 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 Subparagraph, 'senior' means a person 62 years of age or older, or 55 years of age in a senior citizen housing development as defined in Section 51.3 of the California Civil Code. A.8. 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 shall be recorded in the office of the County Recorder. The term "long term" shall mean the typical timeframe required for affordable housing projects associated with HOME grants and other affordable housing funding sources. A.9. 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 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. 9212: FUNCTION: Section 9212 of the Ukiah City Code is hereby repealed. 9278: DEFINITIONS: The definition of Off-Street Parking under Subsection B of Section 9278 is hereby amended to read as follows: OFF-STREET PARKING: Required on-site parking beyond all setback lines of a lot. One (1) 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.