HomeMy WebLinkAbout2011-04-06 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
April 6, 2011
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation Of Certificates Of Recognition For Life-Saving Efforts By Caitlyn Hallman And
Philip Coren.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Special Council Meeting of 3/21/11
b. Regular Council Meeting of 3/16/11
C. Regular Council Meeting of 3/2/11
d. Regular Council Meeting of 2/16/11
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
a. Approval Of Notice Of Completion For Neighborhood Enhancement-Clara Avenue Phase I
Project, Specification No. 10-12.
b. Report Purchase Of Silver Membership From Info-Tech Research Group For $5,500.00
C. Approve Design And Assistance With Construction Related Activities Associated With The
Repair Of The Failed Tainter Valve Seals At The Lake Mendocino Hydroelectric Plant And
Authorize The City Manager To Execute All Of The Necessary Agreements. (EUD)
d. Adoption Of A Resolution Approving NCPA Green Power Project Third Phase Agreement
Amendment To Allocate Shares From Existing Participants To Additional Member, City Of
Gridley And Authorize The City Manager To Execute All Of The Necessary Agreements.
(EUD)
e. Report To Council Of The Expenditure Of $6,844.38 To DLT Solutions For The Purchase
Of Topobase Software For The Electric Utility Department. (EUD)
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not
on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3)
minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments in which the subject is not listed on the agenda.
9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
a. Adopt Resolution Approving A Negative Declaration And Amending the Ukiah Municipal
Airport Master Plan
12. UNFINISHED BUSINESS
a. Discussion Of Relinquishment Of The Administration Of The Transient Occupancy Tax
(TOT) Program By The Ukiah Chamber Of Commerce And Recommendation For
Continued Service Through The City Of Ukiah In Collaboration With The TOT Committee
b. Report To Council Regarding Operations And Enforcement At The Skate Park
C. Verbal Report To Council Regard Status Of UVSD Connection Fees
13. NEW BUSINESS
a. Discussion And Possible Introduction Of Public Nuisance Abatement Ordinance
b. Consideration Of Establishing A Public Safety Ad Hoc Committee, And Appointment Of
Two Council Members
C. Receive Introduction Presentation Of The Downtown Zoning Code (DZC) And Schedule A
Joint Workshop With The Planning Commission To Begin Review Of The DZC
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel -Existing Litigation
Government Code Section 54956.9
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183
b. Conference with Labor Negotiator 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Police, Fire, Electric, Miscellaneous, Management, and
Department Head Units
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with ADA
requirements and will attempt to reasonably accommodate individuals with disabilities upon request.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are
available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA
95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue,
Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 1st day of April, 2011.
JoAnne Currie, City Clerk
ITEM NO. 3a
DATE: Apri16, 2011
C'i t y cif `Zl kiali
AGENDA SUMMARY REPORT
SUBJECT: PRESENTATION OF CERTIFICATES OF RECOGNITION FOR LIFE-SAVING EFFORTS BY
CAITLYN HALLMAN AND PHILIP COREN.
On February 16, 2011, Ukiah High School students Caitlyn Hallman and Phil Coren were on a school field
trip in Portugal. While visiting a national park on the rugged coast of Portugal, they were alerted that an
elderly gentleman had fallen, hitting his head on the jagged rocks, and was bleeding profusely. Caitlyn
quickly took charge of the situation by retrieving the meagerly stocked first aid kit from the tour bus.
Immediately Phil ran to Caitlyn's side to provide support. They bandaged the gentleman's head, applying
pressure to the wound while trying to keep it from being contaminated. They instructed a park employee to
call an ambulance. Both students stayed with the gentleman, engaging him in conversation while assessing
his condition. Paramedics arrived and transported him to the hospital. It was later discovered that the
injured man was taking blood thinners, proving that the situation was even more serious than first
suspected. Witnesses to the incident believe that Caitlyn and Phil saved the man's life.
Caitlyn has served the City of Ukiah for the last three years with American Red Cross Certifications in
Lifeguard Training, CPR for the Professional Rescuer, AED Training, First Aid, and Water Safety Instruction.
Phil has received Sports Medicine Training. Both Caitlyn and Phil are interested in pursuing careers in the
medical field.
Attached is a copy of the Ukiah Daily Journal's coverage of this incident.
The City of Ukiah is pleased to present Certificates of Recognition to Caitlyn Hallman and Phil Coren for their
quick reactions, bravery, and life-saving efforts.
RECOMMENDED ACTION: Present Certificates of Recognition to Caitlyn Hallman and Phil Coren.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: A
Requested by: N/A
Prepared by: Stephanie L. Young, Recreation Supervisor, Community Services Department
Coordinated with: Sage Sangiacomo, Assistant City Manager
Attachments: March 15, 2011 Ukiah Daily Journal Article
APPROVED:
Jae hambers, City Manager
J.
`
,pry -
saran aaldlklThP Daily Journal
Ukiah High seniors Caitlin Hallman and Phil Coren smile while posing for a photo
on School Street last Saturday in Ukiah. Hallman and Coren in February helped to
save a Canadian man's life while on their Spanish class trip in Portugal using first
aid training they got in Ukiah.
Students think fast at scene
By CAROLE BRODSKY kids. Some of their parents up, Hallman walked back to
For the Daily Journal still contact me," she said. their tour bus. Suddenly there
It was February 16. A Coren, who is the son of was shouting and commotion
windy day on the coast of local physician Andrew nearby. "Senor" Ezra Post -
Portugal found 36 Ukiah Coren, may have some genet- the students' teacher noticed a
High students from Spanish is predisposition, but he too is man who had fallen down on
III and IV on a two-week trained in advanced first aid. the rocks, about 60 yards (t
field trip et the feel of a
g
"I'm not certified right
from where the bus was
Y
-
was struck by the
" `
Hall=
"study abroad" experience.
now but I'm sports medicine
"
parked.
"
amount of blood that
the meagi
Ukiah High seniors Caitlin
says Coren.
trained,
Senor Post ran out to him.
Confinued from page I
was already in evidence.
first aid k
Hallman and Phil Coren were
"It was our last.day in
The man was waving his
"
"H
did
'
The man was holding an
"There
enjoying their trip. Both had
prior training in first aid, but
Portugal. We were visiting a
national park on the coast,"
e
n
t speak
arms,
said Hallman.
The injured man had hit his English and I didn't
arm against an apparent
head wound
there, just
neither were expecting to put
says Coren. The area was an
head on the jagged rocks and
speak Portuguese," she
.
The injured man then
ages of g,
scissors
"
their skills to the test,
extremely rugged, rocky
even from her vantage point,
notes. "He thought I
took his hat off.
,
"We st;
"I started working at the
region where tourists visit to
Hallman could see his hat
was cold. I said, I need
"I was like, ahhhl,"
open pack
City of Ukiah pool in the
view castle fortifications and
was drenched in blood. She
a first aid kit, but he
laughs Hallman
The
au
"
.
g
ze,
sk
ic err Jo
o
three y us e ago," Hallman a su
y, if you
e`I~ was so w d
an
f~
az
d
s have
did no any p
y
,
she says.
wound was serious and
bleeding profusely.
"He needed pressure
on the wound
" sa
s
notes. "I really enjoyed
leaned forward, the wind
d
"
plies. Coren ran out to the
id
Hallman grabbed the
first aid fro
th
b
"If we could have
,
y
Hallman. "We just start-
watching people working
with children
so I took life-
you up,
could literally hol
says Hallman.
scene to prov
e support.
Thinking on her feet,
m
e
us
and began mmning on
washed off his forehead,
we would have s
hi
ed wrapping rolls and
,
guard training, first aid and
"The terrain was filled with
Hallman ran to the bus driver
the rocky terrain toward
een
s
skull," said Coren.
rolls of gauze on his
head
"
CPR."
Caitlin began to teach
rocks. There was no flat
ground in the area," adds
and tried to ask him for emer-
gency supplies. She noticed a
the man.
, "I realized I didn't
"My teacher started
taking off his sweater to
.
The man, who was
Canadian, spoke
swimming lessons at the pool.
l
l
d
i
"
Coren.
A
th
i
t
i
di
first aid kit near the driver.
want to become part of
the emer
enc
so I
try and staunch the
English.
my sw
m
esson
ove
I
our was w
s
e
r
n
ng
See SAVE, Page 12
g
y,
slowed down my pace,"
blood. I told him to put
his sweater back on
He was 64 and his
bi
thd
she notes.
Post didn'
understand me
"
noticed
e
iat
tl
at
b
ff
r
ay was the previ-
because I didn't want nns riav" u.n....,..
aseceu tnm u ne'a ambulance. He was
blacked out or was"
hav- transported to a hospital.
Post and City of Ukiah
Recreation Supervisor
ing any neck pain,ays
s
Coren
It turned out that the
Stephanie Young praise
.
"We sent a park
youthful first responders
did more that just
the cool heads and
quick hands of the pair
employee to call an
ambulance
It took them
staunch a pesky head
,
and hope that they will
.
forever," notes Hallman.
h
wound. The man was
taking prescription
be properly recognized
by their communit
in
T
ey were just chill-
h
en
rove up
blood thinners, which
y
the future.
park
they
to the
even driving quickweren't ly
"
made the profuse bleed-
mg far more dangerous.
'
Not surprisingly,
Hallman and Coren
,
smiles Coren.
It
s funny, we never
have more than a pass-
The paramedics ini-
got his name," says
ing interest in the work
tially brought a chair
Hallman.
of medicine.
out to retrieve the man,
and at that point,
For Hallman, this
was her second time .
"I'm ho
ping.to atten<
UC Davis to become ar
Hallman, Coren and
stepping in and taking OB/OYN," said
Post left the profession-
charge of a medical
Hallman.
als to do their job.,
emergency. She also
And Coren?
The paramedics assisted a man at Blue
ended un nerf-ina thn Lakes who received a
"I'm thinking about
h--i- , oPn-1
CITY OF UKIAH CITY COUNCIL MINUTES
Special Meeting
Ukiah Valley Conference Center
Chenin Blanc Room
200 S. School Street, Ukiah, CA 95482
1
2.
3.
4.
5.
March 21, 2011, 5:00 p.m.
Technology Workshop
Item 5a
ROLL CALL
Ukiah City Council met at a Special Meeting on March 21, 2011, the notice for which being legally
noticed on March 18, 2011. Mayor Rodin called the meeting to order at 5:07 pm. Roll was taken
with the following Councilmembers present: Landis, Thomas, Crane, Baldwin, and Mayor Rodin.
Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager
Sangiacomo, City Attorney Rapport, Finance Director Elton, Assistant Finance Director Roth, IT
Supervisor Butler, Finance Consultant Carmichael, and City Clerk Currie.
WORK STUDY SESSION
City Council will have the opportunity to discuss, consider, and provide direction to staff on the
following items:
• Discussion of Government 2.0
• Progress Report on the Replace
Software System
• The Granicus Minutes/Video Prc
• Technology Based Outreach Sol
• The New City Website Currently
• Use of Technology Based Outre
Social Media Sites
• Discussion Reaardinq the Use o
IT Supervisor Butler pr
status of the ERP/finar
Public Comment: Tony
City Council received the re
FUTURE SPECIAL M
Verbal Report by the
f the Enterprise Resource Planning (ERP) / Financial
Currently in Use Including ListServe and CrimeReports
a
echnolc
ess to I
F
Including CitySourced and
used Products Including Various Tablets And
ation, and Communications
Consultant Carmichael provided an update on the
Council of Mendocino County, and Lisa Mammina.
Staff to bring item back with options including a per diem.
nager Regarding Future Special Meeting Dates
By consensus, City Council decided to not hold the May 30 strategic planning meeting.
PUBLIC COMMENT
ADJOURNMENT
There being no further business, the meeting adjourned at 7:22 pm.
JoAnne M. Currie, City Clerk
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 16, 2011
6:00 pm
Item 5b
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on March 16, 2011, the notice for which
being legally noticed on March 11, 2011. Mayor Rodin called the meeting to order at
6:05 pm. Roll was taken with the following Councilmembers present: Landis, Crane
(arriving 6:12 pm), Baldwin, and Mayor Rodin. Councilmembers absent: Councilmember
Thomas. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo,
City Attorney Rapport, Deputy Director of Public Works Streets Division Seanor, Director
of Planning and Community Development Stump, Airport Manager Owen, Community
Services Administrator Marsolan, Electric Utility Director Grandi, Director of Finance
Elton, and City Clerk Currie.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation: Russian River-Friendly Landscaping & Gardening
Councilmember Baldwin read and presented the proclamation. Deputy Director
of Public Works Streets Division Seanor received the proclamation. Seanor
stated why these seven principles of the Russian River-Friendly Landscaping &
Gardening are relevant to Citizens.
b. Proclamation: Honoring the Sesquicentennial of Carl Purdy
Mayor Rodin read and presented the proclamation. Dot Brovarney, independent
historian, accepted it on behalf of the family and announced a Carl Purdy
exhibition happening in Willits April 16.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Special Joint Council/UVSD Meeting of 1/13/11
b. Special Council Meeting of 3/8/11
C. Special Council Meeting of 3/4/11
M/S Baldwin/Landis to approve minutes of Special Joint Council/UVSD 1/13/11,
Special Council 3/4/11 and 3/8/11 meetings, as submitted. Motion carried by all AYE
voice vote. Absent: Councilmember Thomas. Abstain: Councilmember Crane
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report of Disbursements for Month of February 2011
Page 1 3/16/11
b. Report Of The Acquisition Of Professional Consulting Services From Coastland
Civil Engineering In The Amount Of $9500 For Additional Construction
Management Work For The Neighborhood Enhancement - Clara Avenue Phase
1 Project
C. Award Purchase Of Liquid Sodium Hypochlorite Solution To Olin Corporation At
The Unit Price Of $0.719 Per Gallon, Award Purchase Of Sodium Bisulfite 25%
To Basic Chemical Company At The Unit Price Of $725.00 Per Dry Ton, Award
Purchase Of Liquid Ferric Chloride To Kemira Water Solutions, Inc. At The Unit
Price Of $755.09 Per Dry Ton, And Award Purchase Of Liquid Polymer
Emulsion To Polydyne, Inc. At The Unit Price Of $1.11 Per Pound
d. Approval Of Notice Of Completion For The Ukiah Skate Park At 1041 Low Gap
Road, Specification No. 10-02
e. Authorize The G*tv Manacier To Neaetiatecc And CfTC! wens ite 4 36 Month Lease Rd
l~rrf~ rrY-TYTGIITCIGfITrO r~ ccrorrcr~ '~/C~i O GfCG~ r- 0 riTOTTCT~i CtJG%-lT'fQ
8.
Copy MaGhine MOVED to New Business 13.e
f. Award Of The Purchase Of Seventy-Two (72) Load Tracker Overhead Fault
Indicators For The City Of Ukiah Electric Utility To HD Supply Utility In Benicia,
CA In The Amount Of $12,316.59 Including Tax And Freight. (EUD)
g. Report Of $6,805.62 To HD Supply, Benicia, CA For The Purchase Of A Manta
Test Systems MTS-1010 For The Electric Utility Department Substation. (EUD)
h. Award Purr_,hase Of Pole Mount And Pad Mount Transfermeps For The Tetal
Award Of The Purcl
Electric Underground
Utility To Jensen Pr
Including
Way
Ukiah,
MOVED to New Business 13.f
Three (3) Ukiah 48 And One (1) Ukiah 504LA
Including Covers For The City Of Ukiah Electric
' Fairfield, CA., In The Amount Of $19,057.00
4nd Estimated Freight (EUD)
s And Specifications For Gobbi Street Electric Substructure
II Underground Conduits And Vaults For Five (5) 12 kV Circuits
and Substation And North Coast Railroad Authority (NCRA) Right
)rresponding Budget Amendment(s) For The Memorandum Of
ng Between Grace Hudson Museum Endowment Fund, Inc., City Of
Jkiah Redevelopment Agency
next regular city council meeting.
report regarding enforcement at the skate park at
M/S Baldwin/Landis to approve Consent Items 7a-7d, 7f-7g, and 7i-7k. Motion carried
by the following roll call votes: AYES: Councilmembers Landis, Crane, Baldwin, and
Mayor Rodin. NOES: None. ABSENT: Councilmember Thomas. ABSTAIN: None.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
JR Rose announced a financial seminar May 17, 2011, 8-3:30 regarding financial elder
abuse and how seniors can protect themselves at the Ukiah Valley Conference Center.
Julie Trucker expressed concerned regarding the physical effects of Smartmeters and
the City's electric meters. She requests this item be agendized to reconsider the
Smartmeters and to study existing wireless technology in the City.
Page 2 3/16/11
Ibo Thorbas expressed his concerns regarding wireless gas and electric meters and
requested City Council reconsider the contract signed with PG&E.
Edwin Nieves requested City Council reconsider the PG&E Smartmeter contract.
9. COUNCIL REPORTS
Councilmember Crane inquired about the Gobbi Street at Orchard and the Oak Manor
Drive at the tennis court wells and if they are producing water. As a Councilmember no
advisement of any issues were received. Councilmember Crane expressed his belief
that staff has an obligation to keep the members of the Council informed of successes
and failures of equipment and/or processes. Crane asked for the circumstances of either
well being either out of service or never in service due to failure, what actions are
planned to establish or reestablish beneficial use to each well, and when will discussion
resume regarding water rights.
Councilmember Baldwin expressed concern regarding the Main Street function "Girls
Night Out" and hopes they will change the name.
Councilmember Landis reported the ad hoc committee is still meeting with the Ukiah
Valley Sanitation District ad hoc committee and making some progress on the
participation agreement. Landis reported on her attendance at the Women's History Day
event at the Saturday Afternoon Club. Councilmember Landis reported speaking to
Noreen Evans regarding abolishing Redevelopment Agencies.
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
a. Adoption of Resolution Tentatively Approving The 2009-2014 General Plan
Housing Element Update
Director of Planning and Community Development Stump presented the item.
X' Recommended Action: Conduct a public hearing and adopt the Resolution
Vii , tentatively approving the 2009-2014 General Plan Housing Element Update.
the Goals, Policies, Implementation Programs document, page 11, H-2.q both
it numbers should be 284. Staff to look for conflicting items in the list and
eck wording in H-3.4.
Public
d 7:08 pm
Lisa Hillegas, Managing Attorney, Legal Services of Northern California,
commented on behalf of low income households in Ukiah. Hillegas supports
housing for the community's needs and thinks this plan is realistic. Hillegas has
supplied Director Stump with small changes and hopes the changes will be
included in the plan before submission to the state. She is requesting direction
from City Council to the Planning Department to make modifications and
revisions to enhance the success of the programs in the plan with a focus on low
income individuals.
JR Rose supports the plan and housing.
Page 3 3/16/11
Public Hearing Closed 7:31 pm
b
M/S Baldwin/Landis to approve Adoption of Resolution Tentatively Approving
The 2009-2014 General Plan Housing Element Update.
Director Stump pointed out an error that will be corrected regarding the Summer
Creek Village project. Credit was taken for the project already so the City will not
take credit for it again.
Motion carried by the following roll call votes: AYES: Councilmembers Landis,
Baldwin, and Mayor Rodin. NOES: Councilmember Crane. ABSENT:
Councilmember Thomas. ABSTAIN: None.
Conduct A Public Hearing To Consider And Approve A Resolution
Authorizing The Submittal Of A 2010-11 State CDBG Economic
Development Allocation- Community Economic Enterprise Fund
Component Grant Application
Assistant
Action(s):
State Department
resolution authori2
Development Alloc
Grant Application;
Grant is awarded.
sented the item. Recommended
oval of application submittal to the
nunity Development; Approve a
2010-11 State CDBG Economic
Dmic Enterprise Fund Component
onding budget amendments if the
W
mended Actions. Motion carried by the
Imembers Landis, Crane, Baldwin, and
Councilmember Thomas. ABSTAIN:
12.
The Ukiah Valley Area Plan
ig and Community Development
tion(s): Discuss the UVAP DEIR,
the draft comment letter.
Stump presented the item.
hear from the public, and
Councilmember Baldwin recommends in section one, sentence three, change the
word "many" to "some" because most seem problematic and cannot be achieved.
Councilmember Crane read an email from the Employers Council of Mendocino
County to City Council encouraging "...the City Council submit comments to the
County of Mendocino to make certain that the UVAP EIR contemplates
annexation and the level of impacts and opportunities, if any, are disclosed and
discussed in the Final EIR for the benefit of the general public".
Page 4 3/16/11
City Manager Sangiacomo pre
conduct a Public Hearing for appr
Public Comment opened 8:15 pm
Public Speaking to the item: Lisa Mammina
Public Comment closed 8:16 pm
Staff to review the draft EIR; identify impacts that could be mitigated by City
annexation, reaching a tax sharing agreement, or SOI revision; and include in the
letter. Mayor Rodin will review and sign the letter.
Recessed 8:17 pm
Reconvened 8:30 pm
b. Airport Commission Recommendation To Council To Direct Staff To Have
Blue Jay Health Removed From Ukiah Aviation Services Hangar And
Surrounding Areas
Airport Manager Owen presented the item. Recommended Action(s): Direct staff
to notify Ukiah Aviation Services that it must initiate action to evict Blue Jay, if it
has not received all required permits and commenced use of the hangar as a
climate controlled facility licensed by the State of California and the appropriate
Federal Agencies, within ninety (90) days from the date said notice is given.
Mr. Heimberg address
the project.
Public Comment Open
Public Speaking in opl
Clerk) not in support of
Council and stated his wishes to move forward with
Public Speaking in sul
airport commission is
former Airport Commis
M/S Landis/Baldwin t
Public comment close(
ul Richey (comments ready by City
Eric Crane in support of item and stated
oval; Lisa Mammina; Dotty Deerwester,
mmended Action. Motion rescinded.
M/S Landis/Baldwin to instruct staff to proceed to enforce lease with Ukiah
Aviation Services to ensure that unit is only leased for aviation purpose and this
is not an aviation purpose.
Mr. Heimberg'readdressed City Council.
Motion carried by the following roll call votes: AYES: Councilmembers Landis,
Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: Councilmember
Thomas. ABSTAIN: None.
C. Amend Contract With Alameida Architecture For Services As Architect
And Construction Manager For The Municipal Pool Renovation Project In
An Amount Not To Exceed $41,500; And Approve An Interest Rate For The
Internal Project Loan
Page 5 3/16/11
Community Services Administrator Marsolan and Assistant City Manager
Sangiacomo presented the item. City Manager Chambers stated that in the staff
report the 3.54% interest charged for internal loan has an alternative option
which is to charge the prior year's investment rate. Recommended Action(s):
Amend contract for Alameida Architecture for architect and construction manager
services for municipal pool renovation project in an amount not to exceed
$41,500 and approve an interest rate for the internal project loan.
M/S Baldwin/Landis to approve Recommended Action and for determination of
the interest rate, staff will look at the prior year's rate for next year
sequentially each year. (For example, fiscal year 10/11 rates for 11/12
interest). Motion carried by the following roll call votes: AYES: Councilmembers
Landis, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT:
Councilmember Thomas. ABSTAIN: None.
d. Adopt Resolution Accepting Sections Of Talmage Road Right Of Way As
Offered For Relinquishment By The State Of California Department Of
Transportation And Authorize The City Manager To Execute The
Relinquishment Agreement
Deputy Director of Public Works Streets Division Seanor presented the item and
provided a revised contract reviewed by the City Attorney Rapport.
Recommended Action(s): Adopt resolution accepting a section of Talmage Road
right of way as offered for relinquishment by the State of California Department of
Transportation and authorize the City Manager to execute the relinquishment
agreement.
M/S Crane/Baldwin to approve Recommended Action with the additional
requirement that the dollars from the relinquishment be utilized for the
maintenance and improvement on the section the City is acquiring. Motion
carried by the following roll call votes: AYES: Councilmembers Landis, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: Councilmember Thomas.
ABSTAIN: None.
Report To City Council On Status Of Municipal Service Review (MSR) For
City Of Ukiah And Memorandum Of Understanding (MOU) For City
Payment Of MSR Costs, And Provide Council Direction Regarding
Acknowledqement Of And Issuance Of RFP
e
City Manager Chambers presented the item. Recommended Action(s): receive
report and acknowledge RFP and provide direction for issuance of RFP.
Public Comment Opened 9:34 pm
Public Speaking to the item: John McCowen, LAFCO Board member.
Public Comment Closed 9:37 pm
M/S Baldwin/Landis to approve Recommended Action and move forward with
the RFP. Motion carried by the following roll call votes: AYES: Councilmembers
Landis, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT:
Councilmember Thomas. ABSTAIN: None.
Page 6 3/16/11
Review Of Business Improvement And Revised Facade Improvement
Programs; Approval Of Qualified Design Professionals List; Authorize The
City Manager And Executive Director To Amend The Payment Schedule Of
The Funding Agreement Between The City And Agency As Necessary To
Continue Implementation Of The Programs; And Corresponding Budget
Amendments And Transfers
Assistant City Manager Sangiacomo and Project and Program Analyst Riley
presented the item. Recommended Action: Authorize the City Manager to amend
the payment schedule of the Funding Agreement (Amended March 8, 2011) as
necessary to implement BIP/FIP and approve the corresponding budget
amendments and transfers.
M/S Landis/Baldwin to approve F
Payment Schedule of the Funding
Between the City and Agency as P
Programs and Corresponding Bud
carried by the following roll call vc
Baldwin, and Mayor Rodin. NOES
ABSTAIN: None.
13. NEW BUSINESS
a. Authorize Budget Amend
Space Special Project
Assistance For Riverside
Of Grant Application For
Manager To Negotiate
Warren McCluna And Ann
mun
M/S Landis/Balc
following roll call
Mayor Rodin. NC
None.
amendment fort
from the Open S
City Manager t~
McClung and An
Administra
ed the item
ical assistant
Special Proj
gotiate and
~orize the City Manager to Amend the
Ireement (amended March 8, 2011)
;essary to Continue Implementation of the
t Amendments and Transfers. Motion
AYES: Councilmembers Landis, Crane,
one. ABSENT: Councilmember Thomas.
Not To Exceed $15,000 From The Open
re Fund For Planning And Technical
,onceptual Plan Review And Preparation
sition 84 Grant Funding. Authorize City
xecute Amendment To Contracts With
For Professional Services
or Marsolan and Assistant City Manager
Recommended Action(s): Approve budget
e funding in an amount not to exceed $15,000
ct Reserve Fund (699.260.015) and authorize
execute contract amendments with Warren
sional services.
n to approve Recommended Action. Motion carried by the
es: AYES: Councilmembers Landis, Crane, Baldwin, and
None. ABSENT: Councilmember Thomas. ABSTAIN:
b. Approve The Central Valley Project Corporation Membership Agreement
And Authorize The City Manager To Execute Agreement. (EUD)
Electric Utility Director Grandi presented the item. Recommended Action(s):
Approve the Central Valley Project Corporation Membership Agreement and
authorize the City Manager to execute agreement.
M/S Crane/Baldwin to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Crane, Baldwin, and
Page 7 3/16/11
Mayor Rodin. NOES: None. ABSENT: Councilmember Thomas. ABSTAIN:
None.
C. Approve Public Benefit's Keep Your Cool Program Proposal, Phase II,
With A Budget In The Amount Of $150,000 And Authorize The City
Manager To Execute All Of The Necessary Agreements. (EUD)
Electric Utility Director Grandi presented the item: Recommended Action(s):
Approve Public Benefits Keep Your Cool Program Proposal, Phase II with a
budget in the amount of $150,000 and authorize the City Manager to execute all
of the necessary agreements.
M/S Crane/Baldwin to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Crane, Baldwin, and
Mayor Rodin. NOES: None. ABSENT: Councilmember Thomas. ABSTAIN:
None.
h. Award Purchase Of Pole Mount And Pad Mount Transformers For The
Total Amount Of $56,679.41 (EUD) (was item 7h)
Electric Utility Director Grandi presented the item and requests removal of items
4 and 5 which will be brought back. Recommended Action(s): Approve Public
Benefits Keep Your Cool Program Proposal Phase II, item 4 (1 each, pad mount,
75 kva, 12 kv, 240/120 v. 1 phase) and item 5 (2 each, pad mount, 75 KVA, 12
KV, 208Y/120 V, 3 phase) be removed from the approval list, with a budget in the
amount of $150,000 and authorize the City Manager to execute all of the
M/S Baldwin/
the approval li
Councilmemb
ABSENT: Coy
Adoption Of
Employee Ba
City Manager
Resolution ai
Manaqement
to approve Recommended Action minus items 4 and 5 on
ion carried by the following roll call votes: AYES:
Adis, Crane, Baldwin, and Mayor Rodin. NOES: None.
mber Thomas. ABSTAIN: None.
Approving Memorandum Of Understanding For
t,- Management Unit
nbers presented the item. Recommended Action(s): Adopt
ng 2010-2011 Memorandum of Understanding for the
M/S Baldwin/Landis to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Baldwin, and Mayor
Rodin. NOES: Councilmember Crane. ABSENT: Councilmember Thomas.
ABSTAIN: None.
e. Authorize The City Manager To Negotiate And Execute A 36 Month Lease
And Maintenance Agreement With Oce North America For One New Multi-
Function Copy Machine. (was item 7e)
Page 8 3/16/11
Director of Human Resources Harris presented the item. Recommended
Action(s): Authorize the City Manger to negotiate and execute three year lease
and maintenance agreement with Oce North America for a new copy machine.
M/S Crane/Baldwin to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Crane, Baldwin, and
Mayor Rodin. NOES: None. ABSENT: Councilmember Thomas. ABSTAIN:
None.
Councilmember Crane read an email update from Mary Creasey, Leauge of California Cities,
stating Redevelopment survived a crucial vote in the Assembly tonight. Assembly Republicans
held the line, and SB 77 died on the Assembly floor 53-23, lacking the one additional vote
needed to pass with a 2/3 majority. The Assembly is due to reconvene at 11:00 a.m. tomorrow
morning. Now is a critical time to ask local business leaders and other redevelopment
stakeholders to call legislators!
Call Senator Noreen Evans - capitol office: (916) 651-4002 and Assembly Member Wesley
Chesbro - capitol office: (916) 319-2001
Adjourned to closed session and convene
pm.
14. CLOSED SESSION - Closed'
a. Conference with Legal
Government Code Sec
Name of case: (Ukiah
SCU K1057183
b. Conference with Legal Cou
Initiation of litigation purse
54956.9: (1 case)
C. Conference with Labor Nec
Employee OrganiA-
and Department H
kiah Redevelopment Agency at 10:44
isting
of Ukiah,
ivision c of Government Code Section
r 54957.6)
cambers, City Manager
Fire, Electric, Miscellaneous, Management,
Reconvened in Open Session at 11:10 pm with no reportable action.
15.
There being no further business, the meeting adjourned at 11:10 pm
JoAnne M. Currie, City Clerk
Page 9 3/16/11
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 2, 2011
6:00 pm
Item 5c
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on March 2, 2011, the notice for which
being legally noticed on February 25, 2011. Mayor Rodin called the meeting to order at
6:04 pm. Roll was taken with the following Councilmembers present: Landis, Thomas,
Crane (arriving 6:10 pm), Baldwin, and Mayor Rodin. Councilmembers absent: None.
Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City
Attorney Rapport, Community Services Administrator Marsolan, Director of Planning and
Community Development Stump, Project & Grant Administrator Mills, Finance Director
Elton, Assistant Finance Director Roth, and City Clerk Currie.
URGENCY ITEM
There is a need to take immediate actic
City subsequent to the agenda being po;
Request by United States Postal Service
of Relocation of Postal Services for GE
Comments and Possible Action by City
Direction to City Staff.
the need for action came to the attention of the
The Urgency Item concerns: New Business item
S) for Ukiah City Council to Schedule Discussion
Public Expression of Opinions and Constructive
cil to Respond to USPS and Provide Additional
M/S Thomas/Landis to approve adding the Urgency Item to the Agenda. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Baldwin, and Mayor Rodin.
NOES: None. ABSENT: Councilmember Crane. ABSTAIN: None.
The Urgency Item will be heard as Item 13g. 13g will be heard before 13a.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATION
a. Proclamation: March: Women's History Month
Councilmember Landis read and presented it to Ann Molegaard. The event will
be held Sunday, March 6, at 12:30 pm.
b. City Accomplishments By Department
City Manager Chambers presented the item and reported this is the second year
posting of the accomplishments around the council chambers by department has
been done, and invited all to take a look at this past year's accomplishments.
4. PETITIONS AND COMMUNICATIONS
Page 1 3/2/2011
5. APPROVAL OF MINUTES
a. Special Meeting of 2/23/11
MIS Landis/Thomas to approve minutes of February 23, 2011, as amended
adding the words "minimum is $175,000." Motion carried by all AYE voice vote.
Absent: Councilmember Crane.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report To Council Of The Expenditure Of $7,516.54 To HD Supply Of Benicia
For The Purchase Of Overhead And Underground 12 kV Distribution Fault
Indicators And Fiber Optic Leads For Electric Utility Department (EUD)
b. Report To Council Of The Expenditure Of $8,541.75 To General Pacific, Inc.
For The Purchase Of Four Fiberglass Box Pad Foundations For Pad Mounted
Switchgear For The Electric Utility Department (EUD)
C. Award Purchase Of Flatbed And Utility Rack To Cooks Truck Body
Manufacturing, Inc. Of Roseville,
Ca. For The Electric Utili
ty Department In The
Amount Of $10,013.13 And Autho
rize The Utility Director
To Approve Change
Orders Not To Exceed 10% Of Th
e Bid Amount. (EUD)
d. Award The Purchase Of Two
Submersible Vacuum
Breakers To Trayer
Engineering Corporation In The
Amount Of $28,714.0
0 Including Tax And
Estimated Freight (EUD)
e. Approve The Documents Assoc
iated With Turlock Irr
igation District (TID)
Withdrawal From The Northern Ca
lifornia Power Agency (
NCPA) And Authorize
The City Manager To Execute
All Of The Necessa
ry Agreements And
Amendments To Proceed With Th
e Withdrawal (EUD)
f. Report On Status Of Guard Rail F
or The Babcock Lane Approach To The New
Bridge Structure Constructed Fo
r The Realignment Of
Gobbi Street - Oak
Manor Drive - Babcock Lane Inter
section
MIS Landis/Thomas to approve items 7a-7f. Motion carried by the following roll call
votes: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin.
NOES: None. ABSENT: None. ABSTAIN: None.
g
MIS Thomas/Landis to move agenda item 13g before Old Business. Motion carried by all AYE
voice vote.
9. COUNCIL REPORTS
Councilmember Thomas reported that the City Council went down to defeat in the
Spelling B Saturday night.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Judy Pruden requested the accomplishments lists remain posted on the walls to provide
opportunity for the Planning Commissioners to view during the Regular Planning
Commission meetin.
Mayor Rodin reported on attending the Russian River Watershed Association meeting in
Windsor, CA; the board approved next year's programs.
Page 2 3/2/2011
10. CITY MANAGER/CITY CLERK REPORTS
City Manager Chambers reported on the bid withdrawal from one of two top bidders for
the City's financial software package. The lowest bidder did not withdraw and City staff
will exercise due diligence in selecting the vendor.
13. NEW BUSINESS
g. Request by United States Postal Service (USPS) for Ukiah City
Council to Schedule Discussion of Relocation of Postal Services for
General Public Expression of Opinions and Constructive Comments
and Possible Action by City Council to Respond to USPS and
Provide Additional Direction to City Staff
Mayor Rodin presented the item. Recommended Action(s): Discuss the request
made by USPS for a public meeting and provide city staff any additional direction
necessary to accomplish holding of the meeting at a time and date acceptable to
the USPS.
Public Comment Opened 6:24 pm.
Public Speaking in support of the item: Berry Vogel, Judy Pruden, JR Rose, and
Pinky Kushner.
Public Comment Closed 6:36 pm
MIS Thomas/Landis to approve scheduling a 5:30 pm meeting, location
dependant on televising ability, and Mayor Rodin writing a letter to USPO
requesting access to the facility to assess the repairs needed. Plan A is to have
staff schedule the meeting April 21, at the Ukiah Valley Conference Center. Plan
B is to have staff schedule the meetinq April 12 at the Civic Center. Motion
carried by all AYE voice vote.
a. Discussion And Consideration Of A Resolution In Opposition To The
Governor's Proposal To Abolish Redevelopment Agencies In California
City Manager Chambers and Assistant City Manager Sangiacomo presented the
item and encouraged the public to call their state representatives. Recommended
Action: Approve the Resolution in opposition to the Governor's proposal to
abolish Redevelopment Aaencies in California.
City Manager Chambers read the following list of what the community will loose.
WHAT WE ALL LOSE
• Support for Projects 10 or More Years in the Planning
• Infrastructure for Build Out of Redwood Business Park Retail Area
• Loss of Courthouse Downtown
• Removal of Toxic Brownfield In Downtown Ukiah & Re-Use of Rail Road Site
• Loss of Business Stimulus Programs Including Business and Fagade
Improvement Programs
• Support for Economic Development Partners Like Solar Living
• Loss of Downtown Infrastructure Improvements
• Loss of Ft. Bragg's Investment in Re-Use of Pacific Lumber Site
Page 3 3/2/2011
STAFF ESTIMATES THESE LOSSES IN:
JOBS - Related Construction Jobs For Projects In Excess Of $200 Million -
How Many Local Jobs Would Occur For These Projects?
JOBS- Related to Retail and Industry in Excess of 250
NEW REVENUES for Our City and County in Excess of $2.4m in 2012, with a
Cumulative Loss Over the Next 28 Years in Excess of $70 Million
M/S Landis/Thomas to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
a. Status Report on Building Permit Review Process
Director of Planning and Community Development Stump presented the item.
Recommended Action: Receive report.
City Council received the report.
Status Report on
Stump and Captain Taylor
'port.
a short video of the many
h and surrounding areas.
Coun
Coun
ests bringing enforcement back at budget time.
Recessed 8:10 pr
Reconvened 8:19
Award Of Contract For Ukiah Municipal Pools Renovation Project
Specification Number 10-19 And Any Necessary Budget Amendments
Community Services Administrator Marsolan and Assistant City Manager
Sangiacomo presented the item. Recommended Action(s): Award contract for
Ukiah Municipal Pools Renovation Project specification number 10-19 to the
lowest responsive, responsible bidder based on bids submitted on March 1,
2011, and approve any necessary budget amendments.
M/S Crane/Landis to approve Recommended Actions.
Page 4 3/2/2011
Public Comment Opened 8:37 pm
Public Speaking to the item: Lisa Mammina
Public Comment Closed 8:39 pm
Motion carried by the following roll call votes: AYES: Councilmembers Landis,
Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None.
ABSTAIN: None.
C. Consideration Of Resolutions Of The Ukiah City Council In Support Of The
12th District Agricultural Association And The Mendocino County Fair
And Apple Show.
Assistant City Manager Sangiacomo presented the item. Recommended
Action(s): Approve Resolutions of the Ukiah City Council in support of the 12th
District Agricultural Association and the Mendocino County Fair and Apple Show.
Jennifer Seward, CEO 12th District Agricultural Association, addressed the City
Council and supplied amended resolutions which corrected grammatical errors.
AL Beltrami, Board of Directors, 12th District Agricultural Association, was
available to answer questions.
MIS Crane/Baldwin to approve
Public Comment Opened 8:51 p
Public speaking to the Item: JR I
Public Comment Closed 8:53 on
Motion carried
Thomas, Crane
ABSTAIN: Noni
Discussion AI
Agreement(s)
Agency, Oblig
Be Undertake
Authorizing T
Other Relate
Amendment(s
by the following
Action.
k
I votes: AYES: Councilmembers Landis,
;odin. NOES: None. ABSENT: None.
Possible Adoption Of Resolution Approving Contractual
,tween The City Of Ukiah And The Ukiah Redevelopment
ng The Agency To Fund Specified Projects/Programs To
By The City; Adopting Any Legally Required Findings;
City Manager To Execute The Agreement(s) And Any
Documents; And Approving Corresponding Budget
Assistant City Manager Sangiacomo, Project & Grant Administrator Mills, and
City Attorney Rapport presented the item. Recommended Action: Adopt
Resolution of the City Council of the City of Ukiah approving a funding agreement
with the Redevelopment Agency attachment 3 of the staff report.
M/S Crane/Baldwin to approve Recommended Action 1 in the ASR, adopting
the resolution approving a funding agreement. Motion carried by the following
roll call votes: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and
Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
Page 5 3/2/2011
e. Discussion And Possible Adoption Resolution Approving Agreement(S)
Between The City Of Ukiah And The Ukiah Redevelopment Agency, To
Transfer Agency Owned Real Property To The City For Specified
Purposes And Authorizing The City Manager To Execute The Agreement
And Any Related Documents, Including, But Not Limited To, Deeds And
Other Title Documents.(Property Subject To Conveyance May Include, But
Is Not Limited To, The Following APNs: 002-153-04, 002-153-30, 002-192-
01, 002-265-09, 002-281-15, 002-281-18, 002-281-24, 002-281-28, 002-281-29,
180-080-57, 180-080-58, 180-080-59, 180-080-62, 180-080-63, 180-080-64,
180-080-65, 180-080-66, 180-080-67, 180-110-08, 180-110-09, 180-110-10,
180-110-11, 180-110-12,180-110-13,180-110-14,180-110-15)
Assistant City Manager Sangiacomo, Project & Grant Administrator Mills, and
City Attorney Rapport presented the item. Recommended Action(s): Adopt
Resolution of the City Council of the City of Ukiah approving Purchase and Sale
Agreement (Attachment 5 of the ASR) for the conveyance of Agency property to
the City of Ukiah attachment 6 of the ASR.
By Consensus, City Council's intent is for property to be used to benefit the
project area.
M/S Crane/Landis to approve Recommended Action 3 in the ASR, adopting the
Resolution approving Purchase and Sale Agreement for the conveyance of
Agency property with additional wording regarding RDA law as it exists on the
effective date of this agreement. Motion carried by the following roll call votes:
AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin.
NOES: None. ABSENT: None. ABSTAIN: None.
Discussion And Possible Adoption Loan Agreement(s) Between The City
Of Ukiah And The Ukiah Redevelopment Agency And/Or Resolution(s),
Whereby The Agency Borrows Funds From The City In Support Of
Specified Projects/Programs And The Use Of Redevelopment Tax
Increment Funds To Repay The Debt; As Necessary, Adoption Of Any
Legally Required Findings; Authorization For The City Manager To
Execute All Necessary Documents; And Approval Of Corresponding
Budqet Amendment(s).
City Attorney Rapport presented the item. Recommended Action: Pursuant to the
Mayor Rodin left dais 9:37 pm
Mayor Rodin returned 9:39 pm
M/S Crane/Landis to approve Recommended Action 2 in the ASR, approving a
budget amendment. Motion carried by the following roll call votes: AYES:
Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES:
None. ABSENT: None. ABSTAIN: None.
provisions of the 1996 Loan Agreement attached as attachment 4 of the ASR,
approve a budget amendment and transfer in the amount of $6,000,000 to the
Ukiah Redevelopment Agency Administration Fund to be loaned to the Agency
for public infrastructure projects.
Page 6 3/2/2011
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel -Existing Litigation
Government Code Section 54956.9
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183
b. Conference with Legal Counsel Anticipated Litigation
Initiation of litigation pursuant to subdivision c of Government Code Section
54956.9: (1 case)
C. Conference with Labor Negotiator 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Police, Fire, Electric, Miscellaneous, Management,
and Department Head Units
Closed Session Not Heard.
15. ADJOURNMENT
There being no further business, the
JoAnne M. Currie, City Clerk
Ne. Page 7 3/2/2011
Item 5d
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
February 16, 2011
6:00 pm
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on February 16, 2011, the notice for which
being legally noticed on February 11, 2011. Mayor Rodin called the meeting to order at
6:05 pm. Roll was taken with the following Councilmembers present: Landis, Thomas,
Crane, Baldwin, and Mayor Rodin. Councilmembers absent: None. Staff present: City
Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport,
Customer Service Representative Martin, Customer Service Representative Harris,
Detective Fred Keplinger, Director of Public Works/City Engineer Eriksen, Deputy
Director of Public Works Streets Division Seanor, Deputy Director of Public Works
Water/Sewer Division Clifton, Finance Director Elton, Assistant Finance Director Roth,
Fire Division Chief Thompsen, Project & Grant Administrator Mills, Community Services
Administrator Marsolan, Electric Utility Director Grandi, Electrical Distribution Engineer
Bauer, and City Clerk Currie.
2.
3. PROCLAMA
a. Empl
ns
City Manager Chambers presented the item. Customer Service Representative
f, Lori Martin, Customer Service Representative Daphne Harris, and Detective Fred
Keplinger are the 2010 employees of the year.
b. New Employee Introduction: Loren Clifton, Deputy Public Works Director
- Water/Sewer Division
Director of Public Works/City Engineer Eriksen introduced Loren Clifton, Deputy
Director Public Works Director - Water/Sewer Division. Mr. Clifton said a few
words about himself and expressed enthusiasm over his new position.
C. New Employee Introduction: Ian Roth, Assistant Finance Director
Director of Finance Elton introduced Ian Roth, Assistant Finance Director. Mr.
Roth said a few words about himself and expressed enthusiasm over his new
position.
Page 1 2/16/2011
d. Presentation Of A Donation Of Funds For CPR Life Saving Device
Kirk Thompsen, Fire Division Chief, thanked the Ukiah Kiwanis Club for the
donation. Jordis Hallman, President, named some fund raisers Kiwanis Club has
planned for adding funds for the purchasing of the equipment.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Regular Minutes of 2/2/11
M/S Landis/Baldwin to approve minutes of Regular Council Meting 2/2/2011, as
submitted. Motion carried by all AYE voice vote.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report of Disbursements for Month of January 2011
b. Award Of Bid For The Purchase Of Nine Ballistic Vests And Helmets From
Aardvark Tactical, In The Amount Of $35,797.53, And Approve Budget
Amendments To Fund 205 For Grant Revenue And Expense.
C. Report To City Council Regarding The Purchase Of Construction Services From
Lee Howard Construction Company In The Amount Of $6,510.00.
d. Report To City Council Regarding The Purchase Of Diving Tower And Diving
Board From Recreonics, Inc. In The Amount Of $11,533.11.
e. Authorize Additional Pavment To H.D. Supply Utilities In The Amount Of
$12,097.69 For
f. Receive Status
Lu11.
Councilmember Baldwi
Services Administrator
M/S Thomas/Baldwin
votes: AYES: Councilr
NOES: None. ABSENT
8. AUDIENCE COMM
Jamie Boban, First
who qualify through
f Sales Tax. (EUD)
t On Event Planning For Ukiah Country PumpkinFest
red if there were other bidders for item 7d. Community
an will provide copies of the bids to City Council.
pprove items 7a-7f. Motion carried by the following roll call
bers Landis, Thomas, Crane, Baldwin, and Mayor Rodin.
ne. ABSTAIN: None.
S ON NON-AGENDA ITEMS
announced free tax preparation assistance program for those
Earn It, Keep It, Save It program.
9. COUNCIL REPORTS
Councilmember Thomas assumed office for Inland Water and Power Commission last
week and is requesting to Agendize City Council's direction for representation on that
commission.
Councilmember Landis reported attending a Ukiah Valley Medical Center (UVMC)
presentation regarding two new alternatives to emergency room care, which are rapid
Page 2 2/16/2011
care and job care; call UVMC for more information. Landis continues to work on the
Women's History Day event March 6, 2011, and with the broadband group, and on
woody bio mass.
Mayor Rodin announced the Airport Land Use Commission changed the plan to include
3 stories. The Mendocino Council of Governments was presented with a regional study
looking at jobs and housing balance and transportation patterns in Mendocino, Sonoma,
Lake, and Napa counties; staff might find is very useful. Rodin requested agendizing a
discussion on how the City wants to comment on the EIR for the Ukiah Valley Area Plan.
10. CITY MANAGER/CITY CLERK REPORTS
City Manager Chambers reported the Ukiah Vall
sewer connection rates. City Staff has expresses
district customers inside the city limits.
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
b. Status Report On Ukiah Skate
Community Services Administrato
Sangiacomo presented the item. Re
and provide direction to staff.
13.
les
tion District is considering new
s to the district regarding those
an and Assistant City Manager
led Action(s): Receive status report
Public Comment Opened 7:25 pm
Public Speaking to the Item: JR Rose, Justin Capri, and Susan Knoph.
Public Comment Closed 7:46 pm
By Consensus, City Council directed staff to intermittent monitoring and
intermittent ticketing.
ed to Ukiah Redevelopment Agency 7:56 pm.
ened 9:34 pm.
NEW BUSINESS
C. Approve Plans And Specifications No. 11-02 For Anton Stadium
Restoration Engineered Steel Building
Project & Grant Administrator Mills and Assistant City Manager Sangiacomo
presented the item. Recommended Action: Approve plans and specifications No.
11-02 for Anton Stadium Restoration Project; Engineered Steel Building Phase.
M/S Baldwin/Thomas to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
Recessed 9:43 pm
Reconvened 9:50 pm
Page 3 2/16/2011
a. Award The Purchase Of One User License For Engineering Analysis
Software From Milsoft Utility Solutions, Inc. In The Amount Of $13,537.50.
(EUD)
Electric Utility Director Grandi and Electrical Distribution Engineer Bauer
presented the item. Recommended Action: Award the purchase of one user
license for engineering analysis software from Milsoft Utility Solutions, Inc., in the
amount of $13,537.50.
12.
following roll call votes: AYES: Councilmembers Landis, Thomas, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
UNFINISHED BUSINESS
a. Discuss And Adopt Recommended Approach For The Selection Of Mayor
And Vice Mayor After Reviewing A Survey Of Other California Cities'
Approaches
Councilmember Landis presented the item. Recommended Action: Discuss and
adopt recommended approach for the selection of Mayor and Vice Mayor after
reviewing a survey of other California cities approaches.
M/S Crane/Landis to approve Recommended Action. Motion carried by the
M/S Baldwin/None to approve Recommended Action of Councilmember Landis
in the ASR, which is to adopt a statement similar to the City of Oakley. Motion
Failed due to lack of a second.
Staff to create a Resolution based on
City Council consideration.
O
P
the City of Oakley's and define seniority for
No. 11-04 For Riverside Park Phase
Community Services Administrator Marsolan presented the item. Recommended
action: Approve plans and specifications no 11-04 for Riverside Park Phase One
Trails and Re-vegetation project.
M/S Baldwin/Landis to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Baldwin, and
Mayor Rodin. NOES: Councilmember Crane. ABSENT: None. ABSTAIN: None.
d. Approve Change Order For The Remediation System Installation - Ukiah
Corporation Yard, Specification No. 10-15 In The Amount Of $60,337.80 To
Lee Howard Construction And Approve Change Order In The Amount Of
$44,709.67 For Construction Of A Roof Structure For The Remediation
Equipment
Director of Public Works/City Engineer Eriksen and Deputy Director of Public
Works-Engineering and Streets Seanor presented the item. Recommended
Action(s): 1. Approve change order for the Remediation System Installation -
Page 4 2/1612011
Ukiah Corporation Yard, Specification No. 10-15 in the amount of $60,337.80 to
Lee Howard Construction and 2. Approve change order in the amount of
$44,709.67 to Lee Howard Construction for construction of a roof structure for
the remediation equipment.
M/S Landis/Baldwin to approve both change orders. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
e. Update On Acquisition Of Real Property On Cleveland Lane For Low And
Moderate Senior Housing; Authorization For City Manager/Executive
Director To Execute All Of The Necessary Agreements To Proceed With
Property Acquisition
Assistant City Manager Sang
Action(s): Authorize City Manac
purchase documents.
M/S Crane/Thomas to approve Re
following roll call votes: AYES: i
Baldwin, and Mayor Rodin. NOES: N
presented the item. Recommended
execute the necessary agreements and
d Action. Motion carried by the
nbers Landis, Thomas, Crane,
NT: None. ABSTAIN: None.
13. NEW BUSINESS
b. Adoption Of Resolution Approving An Application For WaterSmart: Water
And Energy Efficiency Grants Program FY 2011 Under The Department Of
The Interior, Bureau Of Reclamation, Policy And Administration, Program
Competitive Grant Funds For The Replacement Of Water Meters.
istant City Manager Sangiacomo presented the item. Recommended Action:
pt the resolution authorizing the application to the WaterSMART: Water and
rgy Efficiency Grant Program FY 2011.
M/S Crane/Thomas to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
d. City Council By Resolution Recognize And Support The Establishment Of
A Mendocino County Food Policy Council
Councilmember Thomas presented the item. Recommended Action(s): City
Council, by Resolution, recognize and support the establishment of an
independent Mendocino County Food Policy Council.
M/S Thomas/Landis to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Crane,
Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
e. Award Of Contract To Carollo Engineers For Preparation Of The 2010
Urban Water Management Plan
Page 5 2/16/2011
Director of Public Works/City Engineer Eriksen presented the item.
Recommended Action: Award contract to Carollo Engineers for preparation of the
2010 Urban Water Management Plan and approve corresponding budget
amendment from fund balance.
M/S Crane/Thomas to approve Recommended Action. Motion carried by the
following roll call votes: AYES: Councilmembers Landis, Thomas, Crane, and
Mayor Rodin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None.
Adjourned to closed session and convene as the Ukia
pm.
14. CLOSED SESSION - Closed Session ma
a. Conference with Legal Counsel -Exi:
Government Code Section 54956.9
Name of case: (Ukiah Valley Sanita~
b. Conference with Legal Counsel Antic
Initiation of litigation pursuant to si
54956.9: (1 case)
C. Conference with Labor Negotiator
Agency Representative: Jane Charr
Employee Organizations: Police, F
and Department Head Units
Reconvened in Open Session at 11:35
15.
JoAnne
no
, City Cle
du
Agency at 10:58
ion District v. City of Ukiah, SCUK1057183
ipated Litigation
ibdivision c of Government Code Section
ger
scellaneous, Management,
action.
urned at 11:35 pm
Page 6 2/16/2011
Mae*
C L r/ t~f 4.1 /C_z zli
ITEM NO.: 7a
MEETING DATE:
AGENDA SUMMARY REPORT
April 6, 2011
SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR NEIGHBORHOOD ENHANCEMENT
- CLARA AVENUE PHASE 1 PROJECT, SPECIFICATION NO. 10-12
Background: This project was funded in the FY 2010-2011 budget adopted by the City Council.
Discussion: The City Council awarded the contract for this project on September 1, 2010 to Argonaut
Constructors of Santa Rosa, California (contractor) in the amount of $849,765.35. The work of the contract
was completed by the contractor in substantial conformance with the approved plans and specifications on
March 9, 2011. The final contract cost, based on actual quantities constructed and the approved change
orders, is $917,413.12. Final payment of the retention will be made to the contractor after 35 days from the
date the Notice of Completion is filed with the County Recorder.
Fiscal Impact:
H Budgeted FY 10/11 F] New Appropriation ❑X Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
Recommended Action(s): 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of
Completion with the County Recorder for Neighborhood Enhancement - Clara Avenue Phase 1
Project, Specification No. 10-12.
Alternative Council Option(s): N/A
Citizens advised: Argonaut Constructors
Requested by: Tim Eriksen, Director of Public Works / City Engineer
Prepared by: Ben Kageyama, Senior Civil Engineer
Coordinated with: Jane Chambers, City Manager
Attachments: 1. Notice of Completion
Approved: _ r)h~,
Jan hambers, City Manager
ATTACHMENT j
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200
No fee pursuant to Government Code 27383
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
1. That the real property described is owned by the following whose address is: City of Ukiah, a Municipal
Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400
2. That the nature of the title to the Neighborhood Enhancement - Clara Avenue Phase 1 Project, Specification
No. 10-12 of all said owners is that of fee simple.
3. That on the 9th day of March 2011, the Contract work for this project was actually completed.
4. That the name and address of the Contractor is Argonaut Constructors, P.O. Box 639, Santa Rosa, CA 95402.
5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is
described as follows: City-owned property identified as Clara Avenue within the City of Ukiah.
I hereby certify under penalty of perjury that the forgoing is true and correct:
City Council Approval CITY OF UKIAH, a Municipal Corporation
By:
Date JoAnne Currie, City Clerk
State of California
Date
County of Mendocino
Ci l t/ cif _ ,Z1 iah
ITEM NO.: 7b
MEETING DATE:
AGENDA SUMMARY REPORT
April 6, 2011
SUBJECT: REPORT PURCHASE OF SILVER MEMBERSHIP FROM INFO-TECH
RESEARCH GROUP FOR $5500.00
Background: The computer network at the City is a complicated system comprised of multiple levels of
hardware and software working together while maintaining a high level of security and availability. As a
small department our in-house skillsets cover most but not all aspects of Information Technology requiring
leveraging outside resources on occasion to provide expertise not contained within the team.
Discussion: With the large number of complex technology issues facing the City in the coming year such
as renegotiation of The Microsoft Enterprise Agreement, Windows Server 2008 R2 deployment, Wireless
WAN networking as well as the continuing development of IT policies and procedures, we started looking for
a resource that would assist us with performing the items mentioned above as well as additional as yet
unidentified activities utilizing industry best practices. We evaluated a number of the established players in
this field including IDC, Gartner Group, Forrester Research and Info-Tech Research. Info-Tech was
selected for many reasons including subscription benefits, current industry accolades, pricing and ease of
use. Membership includes access to a large library of IT best practices, templates and toolkits. The
subscription also provides access to knowledgeable technology experts as well as a dedicated account
representative who is currently assisting us with development of our department's five year IT plan,
evaluation of the upcoming Microsoft agreement and benchmark of our current IT environment.
An annual membership to Info-Tech Research Group was purchased in the amount of $5500.00 from
account 100.1965.250.000, Contractual Services. As this service supplements our internal staff knowledge, a
decision was made to perform a budget transfer request in the amount of $5500.00 from account
100.1965.160.000, Conference and Training. In compliance with Section 1522 of the Ukiah City Code, this
report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or
more, but less than $10,000.
Fiscal Impact:
❑X Budgeted FY 10111 ❑ New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
$5500.00 Contractual Services 100.1965.250.000
Recommended Action(s): Notification of purchase of Silver Membership from Info-Tech Research
Group for the amount of $5500.00 from account 100.1965.250.000, Contractual Services.
Alternative Council Option(s): N/A
Citizens advised:
Requested by: Steven Butler, IT Supervisor
Prepared by: Steven Butler, IT Supervisor
Coordinated with: Sage Sangiacomo, Asst. City Manager; Jan Chambers, City Manager
Attachments:
Approved:
e Chambers, City Manager
City i-Y''ZIkiali
ITEM NO.: 7c
MEETING DATE:
AGENDA SUMMARY REPORT
April 6, 2011
SUBJECT: APPROVE DESIGN AND ASSISTANCE WITH CONSTRUCTION RELATED
ACTIVITIES ASSOCIATED WITH THE REPAIR OF THE FAILED TAINTER VALVE
SEALS AT THE LAKE MENDOCINO HYDROELECTRIC PLANT AND AUTHORIZE THE
CITY MANAGER TO EXECUTE ALL OF THE NECESSARY AGREEMENTS. (EUD)
Background: The Lake Mendocino Hydro tainter gate serves to pressurize the conduit for hydroelectric
power generation with water from the Coyote Dam. Since the gate's redesign in 2006, water passing by the
gate's seals has increased over the years requiring seal replacement.
Mead & Hunt was the principal engineering firm on the 2005/2006 Mendocino Hydro Repair Project. This
included the refurbishment of the turbines, generators and controls. In addition, a major portion of the
project was the re-engineering of the tainter gate to operate with the conduit pressurized. In September
2010, Mead & Hunt performed a limited inspection to determine the gate's condition. From this inspection,
this proposal was developed to facilitate the gate's repair.
Their subsequent proposal lists two tasks as their scope of work. The first task would be to provide
construction documents detailing the replacement or repair of the tainter valve seals. The second task
proposes construction assistance and management of the project as well as technical assistance to the
contractor performing the work. The competitive bidding process within City of Ukiah Procurement
guidelines will select the construction contractor.
Discussion: Funds for this project are included in the EUD 2010/11 budget. EUD's estimated cost for this
portion of the overall project is $15,200.00.
Fiscal Impact:
Not Applicable Budget Amendment Required
Budgeted FY 10/11 1-1 New Appropriation 1-1 F
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
$50,000 Mendocino Hydro Electric 800.5536.250.000
Recommended Action(s):
APPROVE DESIGN AND ASSISTANCE WITH CONSTRUCTION RELATED ACTIVITIES
ASSOCIATED WITH THE REPAIR OF THE FAILED TAINTER VALVE SEALS AT THE LAKE
MENDOCINO HYDROELECTRIC PLANT AND AUTHORIZE THE CITY MANAGER TO EXECUTE
ALL OF THE NECESSARY AGREEMENTS. (EUD)
Alternative Council Option(s): (1) Reject Approval, (2) provide Staff with other direction.
Citizens advised:
Requested by: Mel Grandi, Electric Utility Director
Prepared by: Jim Bauer, Electrical Distribution Engineer
Coordinated with: Mary Horger, Purchasing Supervisor, and Jane Chambers, City Manager
Attachments: Mead & Hunt Contract
Approved: 4- . , L,~L
Jan C ambers, City Manager
December 17, 2010
Mr. Mel Grandi, P.E.
City of Ukiah
411 West Clay Street
Ukiah, CA 95482
ME~,-AD
JJLJJ ff
Designing the ficture
Subject: Lake Mendocino Hydroelectric Project Tainter Gate Leakage
Dear Mr. Grandi:
ATTACHMENT I
Mead & Hunt, Inc. (Mead & Hunt) is pleased to submit this proposal to provide engineering services for
the above-referenced project.
Project Understanding
Our proposal is based on your verbal request, telephone conversations, site visit and preliminary gate
inspection, and background information on the project. We understand that the leakage of the tainter
gate at the Lake Mendocino Hydroelectric Project has significantly increased over the past few years.
The increased leakage is believed to be the result of the top gate seal being installed with a neoprene
seal instead of a rubber seal. We understand that the City of Ukiah is interested in having Mead & Hunt
prepare a plan to modify the gate seals in order to minimize the amount of leakage at the tainter gate.
Scope of Services
After receipt of authorization to proceed, Mead & Hunt shall perform the following tasks:
Task 1- Construction Documents
During the preliminary gate inspection performed on September 15, 2010, the inspection team identified a
number of potential reasons for the gate leakage. The team concluded that the majority of the leakage
was caused by the failure of the gate's top seal, and that replacement of the seal with a new rubber seal
could potentially reduce the leakage to an acceptable amount. Mead & Hunt will prepare construction
plans and product specifications to replace the top rubber seal. The construction documents will detail
the proposed gate seal replacement, which could be performed by either City of Ukiah maintenance staff
or a contractor.
Our proposal assumes that the City of Ukiah will be responsible for compiling bid documents using the
plans and technical specifications provided by Mead & Hunt if the work is advertised for contractor bids.
Mead & Hunt Inc. 180 Promenade Circle Suite 240 Sacramento California 95834
916 971 3961 fax: 916 971 0578 www.meadhunt.com
Mr. Mel Grandi
December 17, 2010
Page 2
Task 2 (Optional) - Construction Assistance and Gate Inspection
Optionally, Mead & Hunt will provide design assistance, and assist the City with construction support for
the City under this task. Mead & Hunt will coordinate required design reviews and verifications with
design team members during construction. Construction support services will include processing and
approval of submittals, responding to questions and comments on submittals, providing assistance with
construction inspections for compliance with the construction documents, and responding to construction
requests for information.
Due to confined space entry conditions, the inspection team was not cleared to enter the tunnel and
perform a detailed inspection of the gate during the September 15, 2010 inspection. Mead & Hunt will
perform a detailed inspection of the gate seals and gather additional information in case the replacement
of the gate's top seal fails to reduce the gate leakage to an acceptable amount. Our goal with this .
evaluation is to gain an understanding of the sources of the gate leakage to the level of detail needed to
prepare a gate seal modification action plan, should the new seal not reduce leakage to acceptable limits.
Efforts to prepare a gate seal modification plan, should one be required, are not included in this proposal.
Our proposal assumes that the construction inspection and detailed gate inspection can be completed
during two one-day visits and does not include any subsequent visits to the project site.
Responsibilities of the City of Ukiah
Our Scope of Services and Compensation are based on City of Ukiah performing or providing the
following:
• A designated representative with complete authority to transmit instructions and information, receive
information, interpret policy, and define decisions.
• Access to the project site.
• Available data, drawings, and information related to the project.
• Review of (construction plans, draft reports, etc.) within two weeks of receipt.
• Protection of Mead & Hunt-supplied digital information or data, if any, from contamination, misuse, or
changes.
Compensation
The work described under the Scope of Services will be performed on a time-and-expense basis in
accordance with the Mead & Hunt Standard Billing Rate Schedule, which is attached and made part of
this proposal. The estimate of engineering services for Task 1 is $6,200, and the estimate for
engineering services for Task 2 (Optional) is $9,000.
Authorization
The Scope of Services and Compensation stated in this proposal are valid for a period of thirty (30) days
from date of submission. If authorization to proceed is not received during this period, this proposal may
be withdrawn or modified by Mead & Hunt.
P:131783-00 City of Ukiah Public Works131703 Mendocino Gate LeakagelGrandi Proposal Mendocino Hydro.doc
Mr. Mel Grandi
December 17, 2010
Page 3
Signatures of authorized representatives of City of Ukiah and Mead & Hunt shall convert this proposal to
an Agreement between the two parties, and receipt of one signed copy shall be considered authorization
to proceed with the work described in the Scope of Services. All services shall be performed in
accordance with the General Terms and Conditions for Engineering, Architectural, or Consulting
Services, which is attached and made a part of this proposal.
We appreciate the opportunity to submit this proposal to the City of Ukiah.
Respecffully submitted,
MEAD & HUNT, Inc.
/K-
Jeffrey Kashiwada, P.E.
Attachment
Accepted by: CITY OF UKIAH
By:
Name:
Title:
The above person is authorized to sign for Client
and bind the Client to the terms hereof.
Date:
Approved by: MEAD & HUNT, I
>GCti
B Y.
Name: Eric A. Van Deuren, P.E.
Title: Vice President, Water Resources
Date:
P:131783-00 City of Ukiah Public Works131703 Mendocino Gate LeakagelGrandi Proposal Mendocino Hydro.doc
Mead & Hunt, Inc.
General Terms and Conditions for Engineering, Architectural, or Consulting Services
California
1. Mead & Hunt, Inc. will begin services upon written authorization to proceed.
Receipt of a signed contract (the "Contract") will be considered written
authorization, which shall be incorporated herein by reference. If the terms or
conditions of this agreement conflict with those in the Contract or any other
agreement, this agreement shall control.
Mead & Hunt, Inc. will bill the Owner monthly, according to the payment
method set forth in the Contract, with net payment due in thirty (30) days. The
quoted fee will control until it is amended. Past due balances shall be subject
to an interest charge at a rate of 1-1/2% per month. In addition, Mead & Hunt,
Inc. may, after giving seven (7) days' written notice, suspend service under any
agreement until the Owner has paid in full all amounts due for services
rendered and expenses incurred, including the interest charge on past due
invoices. Quoted fees or rates do not include any applicable state and local
sales or use taxes, gross receipts taxes, or value-added taxes. Any such taxes
shall be the responsibility of the Owner to pay.
The quoted fees and scope of services constitute the best estimate of the fees
and tasks required to perform the services as defined. This agreement, upon
execution by both parties hereto, may be amended only by written instrument
signed by both parties. For those projects involving conceptual or process
development service, activities often cannot be fully defined during initial
planning. As the project progresses, facts uncovered may reveal a change in
direction which may alter the scope. Mead & Hunt, Inc. will promptly inform the
Owner in writing of such situations so that changes in this agreement may be
made as required. In addition, if the Owner requests significant modifications or
changes in the scope of the project, the time of performance of Mead & Hunt,
Inc.'s services and the fees shall be adjusted before Mead & Hunt, Inc.
undertakes the additional work.
The owner shall be liable for and shall indemnify and hold Mead & Hunt, Inc.,
harmless for all costs and damages incurred by Mead & Hunt, Inc., for delays
caused in whole or in part by the Owner's interference with Mead & Hunt, Inc.'s
ability to provide services, including, but not limited to, Owner's failure to
provide specified facilities or information or if Mead & Hunt, Inc.'s services are
extended by Owner's actions or inactions for more than sixty (60) days. If
delays are caused by unpredictable occurrences outside Owner's control,
including, without limitation, terrorism, fires, floods, riots, strikes, unavailability
of labor or materials, delays or defaults by suppliers of materials or services,
process shutdowns, acts of God or the public enemy, or acts or regulations of
any governmental agency, then the costs for services and schedule
commitments shall be equitably adjusted before Mead & Hunt, Inc., resumes its
services. This Section 4 shall not require the Owner to indemnify Mead & Hunt,
Inc. against liability for damages for death or bodily injury to persons, injury to
property, or any other loss or expense arising from the sole negligence or willful
misconduct of Mead & Hunt, Inc. or Mead & Hunt, Inc.'s agents, servants, or
independent contractors who are directly responsible to Mead & Hunt, Inc., or
for defects in design furnished by those persons.
5. Mead & Hunt, Inc. will maintain insurance coverage for: Worker's
Compensation, General Liability, Automobile Liability, Aviation Liability, and
Professional Liability. Mead & Hunt, Inc. will provide information as to specific
limits upon written request. If the Owner requires coverages or limits in
addition to those in effect as of the date of the agreement, premiums for
additional insurance shall be paid by the Owner.
6. The liability of Mead & Hunt, Inc. to the owner for any indemnity commitments
or for any damages arising in any way out of performance of this agreement is
limited to a period of twelve (12) months from the date of the last bill from Mead
& Hunt, Inc. to the OWNER, whether paid or not paid by the OWNER; such
liability shall be limited to the amount of the fees paid by the OWNER to Mead
& Hunt, Inc. for performance under this agreement. Mead & Hunt, Inc., shall
not be liable for any loss due to terrorism.
Mead & Hunt, Inc. and the Owner agree that the ultimate liability for mold or
mildew regardless of its source, and for the actual, alleged, or threatened
discharge, dispersal, release, or escape of pollutants, mycotoxins, spores,
smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases,
waste materials or other irritants, contaminants or pollutants into or upon land,
buildings, the atmosphere, or body of water shall remain with Owner; and the
responsibility and/or liability for any of the foregoing and for the ownership and
maintenance of any toxic, hazardous, or asbestos materials relating to the
project shall remain with the Owner. Mead & Hunt, Inc. and the Owner
acknowledge that Mead & Hunt, Inc.'s professional liability and general liability
policies do not apply to claims arising out of the foregoing. Therefore, the
Owner agrees not to bring a claim against Mead & Hunt, Inc., relating to the
uninsured liability referenced above. Furthermore, to the extent permitted by
applicable law, the Owner agrees to indemnify, defend, and hold harmless
Mead & Hunt, Inc. for all claims against Mead & Hunt, Inc. arising out of or
related in any way to the above stated liability and/or responsibility of the
Owner, whether or not such claims arise out of and/or have been caused by
the partial negligence of Mead & Hunt, Inc. provided, however, that this Section
7 shall not require the Owner to indemnify Mead & Hunt, Inc. against liability for
damages for death or bodily injury to persons, injury to property, or any other
loss or expense arising from the sole negligence or willful misconduct of Mead
& Hunt, Inc. or Mead & Hunt, Inc.'s agents, servants, or independent
contractors who are directly responsible to Mead & Hunt, Inc., or for defects in
design furnished by those persons.
The term "Confidential Information" means information marked or designated
by Mead & Hunt, Inc. or Owner as confidential. Confidential Information
includes, but is not limited to, ideas, specifications, techniques, models, data,
programs, documentation, processes, know-how, and financial and technical
information. Owner and Mead & Hunt, Inc. shall not, during the term of this
agreement or after the termination of this agreement, for a period of two (2)
years disclose any Confidential Information to any person or entity, or use any
Confidential Information to any person or entity, or use any Confidential
Information for the benefit of Owner or Mead & Hunt, Inc. as the case may be,
or any other person or entity, except with the prior written consent of Mead &
Hunt, Inc., or Owner, as the case may be, or as required by law.
9. The Owner agrees to clarify and define project requirements and to provide
such legal, accounting and insurance counseling services as may be required
for the project.
10. Termination of this agreement by the Owner or Mead & Hunt, Inc. shall be
effective upon seven (7) days' written notice to the other party. The written
notice shall include the reasons and details for termination. Mead & Hunt, Inc.
will prepare a final invoice showing all charges incurred through the date of
termination; payment is due as stated in paragraph 2. If the Owner breaches
the Contract or any other agreements entered into between Mead & Hunt, Inc.
and the Owner or if the Owner fails to carry out any of the duties contained in
these terms and conditions, Mead & Hunt, Inc. may, upon seven (7) days'
written notice, suspend services without further obligation or liability to the
Owner unless, within such seven (7) day period, the Owner remedies such
breach to the reasonable satisfaction of Mead & Hunt, Inc.
11. Data and image files, both electronic and hard copy (hereinafter "files") are part
of Mead & Hunt, Inc.'s instruments of service and shall not be used for any
purpose other than for the described project. Any reuse of files or services
pertaining to this project or any other project shall be at Owner's sole risk and
without liability or legal exposure to Mead & Hunt, Inc. Mead & Hunt, Inc.
makes no representation as to compatibility of electronic files with Owner's
hardware or software. Differences may exist between these electronic files and
corresponding hard-copy documents. Mead & Hunt, Inc. makes no
representation regarding the accuracy or completeness of the electronic files
provided. In the event that a conflict arises between the signed or sealed hard-
copy documents prepared by Mead & Hunt, Inc., and the electronic files, the
signed or sealed hard-copy documents shall govern. Because information
presented on the electronic files can be modified, unintentionally or otherwise,
Mead & Hunt, Inc. reserves the right to remove all indicia of ownership and/or
involvement from each electronic display. Under no circumstances shall
delivery of the electronic files for reuse be deemed a sale by Mead & Hunt,
Inc., and Mead & Hunt, Inc. makes no warranties, either express or implied, of
merchantability and fitness for any particular purpose. In no event shall
Mead & Hunt, Inc. be liable for any loss of profit, delayed damages, or any
consequential damages as a result of reuse or changes to files or any data
therein. To the fullest extent permitted by law, Owner shall indemnify and hold
Mead & Hunt, Inc., its employees, and agents harmless against all damages,
liability, or costs, including reasonable attorneys' fees, arising out of or resulting
from Owner's reuse of electronic files, provided, however that this Section 11
shall not require the Owner to indemnify Mead & Hunt, Inc. against liability for
damages for death or bodily injury to persons, injury to property, or any other
loss or expense arising from the sole negligence or willful misconduct of Mead
& Hunt, Inc. or Mead & Hunt, Inc.'s agents, servants, or independent
contractors who are directly responsible to Mead & Hunt, Inc., or for defects in
design furnished by those persons.
12. Mead & Hunt, Inc. will provide services in accordance with generally accepted
professional practices. Mead & Hunt, Inc. disclaims all warranties and
guarantees, express or implied. The parties agree that this is a contract for
services and is not subject to any Uniform Commercial Code. Similarly, Mead &
Hunt, Inc. will not accept those terms and conditions offered by the Owner in its
purchase order, requisition, or notice of authorization to proceed, except as set
forth herein or expressly agreed to in writing. Written acknowledgment of
receipt, or the actual performance of services subsequent to receipt of such
purchase order, requisition, or notice of authorization to proceed is specifically
deemed not to constitute acceptance of any terms or conditions contrary to
those set forth herein.
13. Mead & Hunt, Inc. intends to serve as the Owner's professional representative
for those services as defined in this agreement and to provide advice and
consultation to the Owner as a professional. Any opinions of probable project
CA M H General Terms Conditions 8-06-09.doc Page 1 of 2
Mead & Hunt, Inc.
General Terms and Conditions For Engineering, Architectural, or Consulting Services
California
costs, reviews and observations, and other decisions made by Mead & Hunt,
Inc. for the Owner are rendered on the basis of experience and qualifications
and represent the professional judgment of Mead & Hunt, Inc. However,
Mead & Hunt, Inc. cannot and does not guarantee that proposals, bids or
actual project or construction costs will not vary from the opinion of probable
cost prepared by it. Owner shall not bring any claims against Mead & Hunt,
Inc. for any claim arising out of or related in any way to project or construction
costs. Owner agrees to indemnify and to hold Mead & Hunt, Inc. harmless for
any claim arising out of or related in any way to project or construction costs
even if such claim arises out of and/or has been caused by the partial
negligence of Mead & Hunt, Inc. provided, however, that this Section 13 shall
not require the Owner to indemnify Mead & Hunt, Inc. against liability for
damages for death or bodily injury to persons, injury to property, or any other
loss or expense arising from the sole negligence or willful misconduct of Mead
& Hunt, Inc. or Mead & Hunt, Inc.'s agents, servants, or independent
contractors who are directly responsible to Mead & Hunt, Inc., or for defects in
design furnished by those persons.
14. If the Owner is a municipality or state authority or any government
authority/agency, the Owner agrees to indemnify and hold harmless Mead &
Hunt, Inc. for all claims arising out of or related in any way to acts done by
Mead & Hunt, Inc. in the exercise of legislative or quasi-legislative functions. In
the event Mead & Hunt, Inc. shall be made a party to any suit or litigation on
account of an injury or damage to person, life, or property as a result of such
acts done by Mead & Hunt, Inc. in the exercise of legislative or quasi-legislative
functions, the Owner shall, at Owner's sole expense, defend such actions on
behalf of Mead & Hunt, Inc., including claims and causes of action at common
law, arising under any statute, or arising out of any governmental demand or
request; and if judgment shall be obtained or claim allowed in any proceedings
against Mead & Hunt, Inc., the Owner shall pay and satisfy such judgment or
claim in full. This Section 14 shall not require the Owner to indemnify Mead &
Hunt, Inc. against liability for damages for death or bodily injury to persons,
injury to property, or any other loss or expense arising from the sole negligence
or willful misconduct of Mead & Hunt, Inc. or Mead & Hunt, Inc.'s agents,
servants, or independent contractors who are directly responsible to Mead &
Hunt, Inc., or for defects in design furnished by those persons.
15. This agreement shall not be construed as imposing upon or providing to Mead &
Hunt, Inc., the responsibility or authority to direct or supervise construction
means, methods, techniques, sequence, or procedures of construction
selected by the contractors or subcontractors or the safety precautions and
programs incident to the work of the contractors or subcontractors.
16. Mead & Hunt, Inc. is not liable, in contract or tort or otherwise, for any special,
indirect, consequential, or liquidated damages including specifically, but without
limitation, loss of profit or revenue, loss of capital, delay damages, loss of
goodwill, claim of third parties, or similar damages.
17. This agreement cannot be changed or terminated orally. No waiver of
compliance with any provision or condition hereof should be effective unless
agreed in writing duly executed by the waiving party.
18. This agreement shall be construed and interpreted in accordance with the laws
of the state of California. No action maybe brought except in the state of
California.
CA M H General Terms Conditions 8-06-09.doc Page 2 of 2
ITEM NO.:
MEETING DATE:
city aJ-T1kicrfi
AGENDA SUMMARY REPORT
7d
April 6, 2011
SUBJECT: ADOPTION OF A RESOLUTION APPROVING NCPA GREEN POWER PROJECT
THIRD PHASE AGREEMENT AMENDMENT TO ALLOCATE SHARES FROM
EXISTING PARTICIPANTS TO ADDITIONAL MEMBER, CITY OF GRIDLEY AND
AUTHORIZE THE CITY MANAGER TO EXECUTE ALL OF THE NECESSARY
AGREEMENTS. (EUD)
Background: In September 2006, the City of Ukiah approved the NCPA 3rd Phase Green Power Project
Member Agreement. This action authorized Ukiah and ten (10) other NCPA members to participate in the
Green Power Pool (NGPP). This amendment, if approved, will add the City of Gridley to the power pool and
re-allocates pool costs to include the City of Gridley, lowering Ukiah's cost allocation.
Discussion:
Fiscal Impact:
I I Budgeted FY 09/10 F-1 New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
Recommended Action(s):
ADOPTION OF A RESOLUTION APPROVING NCPA GREEN POWER PROJECT THIRD PHASE
AGREEMENT AMENDMENT TO ALLOCATE SHARES FROM EXISTING PARTICIPANTS TO
ADDITIONAL MEMBER, CITY OF GRIDLEY AND AUTHORIZE THE CITY MANAGER TO EXECUTE
ALL OF THE NECESSARY AGREEMENTS. (EUD)
Alternative Council Option(s): Reject staff's recommendation and provide direction.
Citizens advised:
Requested by: Mel Grandi, Electric Utility Director
Prepared by: Mel Grandi, Electric Utility Director
Coordinated with: Dave Rapport, City Attorney
Attachments: 1) Resolution
2) NCPA 3Id Phase Agreement
Approved:
Jan hambers, City Manager
ATTACHMENTI
RESOLUTION NO. 2011
AMENDMENT TO THE 3RD PHASE AGREEMENT TO ALLOCATE SHARES FROM
EXISTING PARTICIPANTS TO ADDITIONAL MEMBER, CITY OF GRIDLEY
This Amendment to the Td Phase Agreement to Allocate Shares From Existing Participants to
Additional Member, City of Gridley ("Amendment") is entered into by and between the Northern
California Power Agency ("NCPA"), a California Joint Powers Agency, the participants to the
Amended NCPA Green Power Project Third Phase Agreement ("NGPP Third Phase
Agreement") (collectively referred to as the "Participants"), and the City of Gridley ("Gridley"),
and together with NCPA and the Participants, the ("Parties").
WHEREAS, NCPA and the Participants entered into the NGPP Third Phase Agreement
for the purpose of procuring electrical power from NCPA's Green Power Project (hereinafter
"NGPP"); and
WHEREAS, Gridley is not a member of the NGPP or a signatory to the NGPP Third
Phase Agreement; and
WHEREAS, NCPA has been providing project management services related to the
acquisition of solar PV projects to be located within Gridley's distribution area or to serve Gridley
retail electric load pursuant to a Professional Services Agreement dated July 7, 2009 ("PSA");
and
WHEREAS, Gridley now wishes to become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement; and
WHEREAS, in accordance with Section 7.2 of the NGPP Third Phase Agreement, no
NCPA member may become an additional party to the NGPP Third Phase Agreement unless
one or more of the Participants ("Allocating Participants") elect to allocate a portion of its
Participant Percentage to such Member; and
WHEREAS, the Participants now wish to allocate a portion of each of their participation
percentages to Gridley so that Gridley may become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. Each of the Participants shall allocate a certain percentage of their share to Gridley, thereby
amending their participation shares. The participation percentages and the allocation to Gridley
are shown in Exhibit A attached hereto and made a part of this Amendment.
2. Pursuant to Section 7.2 of the NGPP Third Phase Agreement, upon execution of this
Amendment, Gridley shall deliver to NCPA, and each other Participant, a counterpart of the
NGPP Third Phase Agreement executed by Gridley, and evidence that such agreement has
been approved in accordance with its applicable Constitutive Documents and payment of
Gridley's share of the Security Account, established pursuant to Section 5.5 of the NGPP
3. Upon execution, this Amendment shall supersede the PSA between Gridley and NCPA.
4. This Amendment in no way alters the terms and conditions of the Third Phase Agreement
except as specifically set forth herein.
PASSED AND ADOPTED by the Ukiah City Council on April 6, 2011, by the following roll call
vote:
AYES:
NOES:
ABSTAIN
ABSENT:
Mari Rodin, Mayor
ATTEST:
JoAnne Currie, City Clerk
ATTACHMENT
AMENDMENT TO THE 3RD PHASE AGREEMENT TO ALLOCATE SHARES FROM
EXISTING PARTICIPANTS TO ADDITIONAL MEMBER, CITY OF GRIDLEY
This Amendment to the 3rd Phase Agreement to Allocate Shares From Existing
Participants to Additional Member, City of Gridley ("Amendment") is entered into by and
between the Northern California Power Agency ("NCPA"), a California Joint Powers Agency,
the participants to the Amended NCPA Green Power Project Third Phase Agreement ("NGPP
Third Phase Agreement") (collectively referred to as the "Participants"), and the City of Gridley
("Gridley"), and together with NCPA and the Participants, the ("Parties").
WHEREAS, NCPA and the Participants entered into the NGPP Third Phase Agreement
for the purpose of procuring electrical power from NCPA's Green Power Project (hereinafter
"NGPP"); and
WHEREAS, Gridley is not a member of the NGPP or a signatory to the NGPP Third
Phase Agreement; and
WHEREAS, NCPA has been providing project management services related to the
acquisition of solar PV projects to be located within Gridley's distribution area or to serve
Gridley retail electric load pursuant to a Professional Services Agreement dated July 7, 2009
("PSA"); and
WHEREAS, Gridley now wishes to become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement; and
WHEREAS, in accordance with Section 7.2 of the NGPP Third Phase Agreement, no
NCPA member may become an additional party to the NGPP Third Phase Agreement unless one
or more of the Participants ("Allocating Participants") elect to allocate a portion of its Participant
Percentage to such Member; and
WHEREAS, the Participants now wish to allocate a portion of each of their participation
percentages to Gridley so that Gridley may become a member of the NGPP and a signatory to
the NGPP Third Phase Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. Each of the Participants shall allocate a certain percentage of their share to Gridley, thereby
amending their participation shares. The participation percentages and the allocation to
Gridley are shown in Exhibit A attached hereto and made a part of this Amendment.
Pursuant to Section 7.2 of the NGPP Third Phase Agreement, upon execution of this
Amendment, Gridley shall deliver to NCPA, and each other Participant, a counterpart of the
NGPP Third Phase Agreement executed by Gridley, and evidence that such agreement has
been approved in accordance with its applicable Constitutive Documents and payment of
Gridley's share of the Security. Account, established pursuant to Section 5.5 of the NGPP
Third Phase Agreement.
3. Upon execution, this Amendment shall supersede the PSA between Gridley and NCPA..
4. This Amendment in no way alters the terms and conditions of the Third Phase Agreement
except as specifically set forth herein.
The Parties have executed this Amendment as of 2010.
NORTHERN CALIFORNIA POWER AGENCY
James H. Pope, General Manager
Date:
Attest:
Assistant Secretary of the Commission
Approved as to Form:
Michael F. Dean
General Counsel
1396124.4
BAY AREA RAPID TRANSIT
By:
Date:
CITY OF HEALDSBURG
By:
Approved as to Legal Form
By:
Approved as to Legal Form
By:
Date:
CITY OF LODI Approved as to Legal Fonn
By:
By:
Date:
CITY OF LOMPOC
Approved as to Legal Form
By:
By:
Date:
CITY OF PALO ALTO
Approved as to Legal Form
By:
By:
Date:
PLUMAS-SIERRA RURAL ELECTRIC Approved as to Legal Form
COOPERATIVE
By:
By:
Date:
CITY OF SANTA CLARA
Approved as to Legal Form
By:
By:
Date:
CITY OF UKIAH
Approved as to Legal Form
By:
By:
Date:
CITY OF GRIDLEY Approved as to Legal Form
By:
By:
Date:
EXHIBIT A
NGPP 3rd Phase Agreement Participation
Existing
-
Total
Ann
Palo
aMW
BART Healdsburg Lodi
Lompoc
Alto Plumas SVP Ukiah
NGPP Participant Election
(aMW*)
64.0
7.0 2.0 5.0
5.0
15.0 2.0 25.0 3.0
NGPP Participant Election
100.00%
10.938% 3.125% 7.813%
7.813%
23.438% 3.125% 39.063% 4.688%
aMW = Capacity in Average MW)
NGPP 3rd Phase Agreement Participation - Adjusted to Reflect Gridley Participation
Total
Ann
Palo
aMW
BART Healdsburg Lodi Lompoc Alto Plumas SVP Ukiah
Gridley
NGPP Participant Election
(aMW*) 64.25
7.0 2.0 5.0 5.0 15.0 2.0 25.0 3.0
0.25
NGPP Participant Election
100.00%
10.895% 3.113% 7.782% 7.782% 23.346% 3.113% 38.911% 4.669%
0.389%
aMW = Capacity in Average MW)
1396124.1
ITEM NO.:
MEETING DATE.
' ity af'Q.1kja.li
AGENDA SUMMARY REPORT
7e
April 6, 2011
SUBJECT: REPORT TO COUNCIL OF THE EXPENDITURE OF $6,844.38 TO DLT
SOLUTIONS FOR THE PURCHASE OF TOPOBASE SOFTWARE FOR THE
ELECTRIC UTILITY DEPARTMENT. (EUD)
This report is regarding fees to be paid for the purchase of Autodesk Topobase Client 2011 and
Autodesk Topobase Web 2011.
Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the
City Council for the purpose of reporting the expenditure costing more than $5,000 but less than
$10,000.
This software will interface between AudoCad, electric engineering design software and allows exporting
of GIS type data into future software systems.
Fiscal Impact:
x❑ Budgeted FY 10/11 1-1 New Appropriation Not Applicable
Amount Budgeted Source of Funds (title and Account Number
$300,000 Substation Maintenance 800.3642.930.000
Budget Amendment Required
Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY
Alternative Council Option(s): None Needed
Citizens advised:
N/A
Requested by:
Jim Bauer, Electrical Distribution Engineer, Scott Bozolli, Electrical Engineer Technician
Prepared by:
Jim Bauer, Electrical Distribution Engineer, Mary Williamson, Buyer
Coordinated with:
Mary Horger, Purchasing Supervisor, Steve Butler, I.T. Supervisor
Attachments:
N/A
Approved: ~Q2~
J~' Chambers, City Manager
Ocu
April 6, 2011
I've been heartsick since March 19`h when our President launched a war against Libya without
Congressional debate and consent. I remain depressed, ashamed, and angered by President Obama's order
for American war planes to attack a sovereign nation suffering a civil war. For two and a half weeks now,
millions of our tax dollars have been blown up as Tomahawk missiles rain down on Libyan troops.
Equally disheartening is today's silence from supposed "anti-war" Democrats who went into the streets
eight years ago to protest the Iraq war of George Bush. If those protests were legitimate, not simply an
attack on a Republican President, the same protesters should be in action today. The war rhetoric of Barack
Obama is roughly interchangeable with that of George Bush and equally devious.
Isn't it Orwellian to tell the American people we are attacking Libyan troops for humanitarian reasons
when our strategy from the get go has been to assist armed rebels seeking regime change? Isn't it
doublethink* when President Obama tells us "there will be no American boots on the ground" while on his
orders CIA operatives - wearing boots - have been in Libya working with the rebels for at least two weeks,
finding them weapons and locating targets for our missiles.
As in Iraq, so now in Libya, the Orwellian state changes ally into enemy overnight. Due to historical
amnesia and a deafening pop culture, few Americans recall that just ten months ago Gadaffi worked with the
U.S. against Al Qaeda. Now, like Saddam in Iraq, he is demonized by the President and a warmongering
Yellow Press led by CNN and MSNBC.
As many know, military adventurism has been practiced by every American President since James K.
Polk took California. So some will defend the current Democratic President noting he's simply following
U.S. tradition, and doing nothing different in Libya than did Democrats JFK and LBJ in Vietnam, and Bill
Clinton in Serbia. Yes, it's just more of the same. But this war of choice is brought to us by the leader whose
charismatic 2008 campaign inspired millions with the promise of hope, peace, and "change we can believe
in."
At a time when the City of Ukiah, Mendocino County, and our State government face huge budget cuts
that cruelly eliminate critical services along with jobs of dedicated public employees, our President has
initiated a third war in a Muslim nation, a war that's illegal, dangerous, hypocritical, and unfunded. Facing
massive deficits at every level of government, Barack Obama's war dishonors us as it squanders our national
wealth.
I encourage Ukiahans to challenge this new war and the two old ones; email or call the President and our
Washington representatives, then visit two web sites: Roots Action.org and The Real News.com
Phil Baldwin, member
Ukiah City Council
* "The power of holding two contradictory beliefs in one's mind simultaneously, and accepting both of them.... To tell deliberate
lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary
again, to draw it back from oblivion for just so long as it is needed, to deny the existence of objective reality and all the while to
take account of the reality which one denies - all this is indispensably necessary. Even in using the word doublethink it is
necessary to exercise doublethink. For by using the word one admits that one is tampering with reality; by afresh act of
doublethink one erases this knowledge; and so on indefinitely, with the lie always one leap ahead of the truth. "
George Orwell, 1984
City of Ukiah
ITEM NO.: 11a
MEETING DATE:
April 6, 2011
AGENDA SUMMARY REPORT
SUBJECT: ADOPT RESOLUTION APPROVING A NEGATIVE DECLARATION AND
AMENDING THE UKIAH MUNICIPAL AIRPORT MASTER PLAN
SUMMARY: On January 20, 2011, the Mendocino County Airport Land Use Commission
(ALUC) voted 4-3 to approve a CEQA Negative Declaration and amend its Airports
Comprehensive Land Use Plan (CLUP) to allow 3-story Public Facility buildings in the City's
airport B2 infill compatibility zone north of the airport. The Plan had previously limited all
buildings to two stories. The purpose of the amendment was to facilitate the new 3-story
courthouse building and possible future 3-story Mendocino County Justice building. This agenda
item is seeking City Council adoption of a Resolution approving a Negative Declaration and
amending the City's Municipal Airport Master Plan with Identical language to ensure consistency
between the two documents.
BACKGROUND: Staff originally proposed to the ALUC that its CLUP be amended to allow
three-story buildings and a higher density (120 people per acre rather than 90 people per acre)
throughout the 132 infill compatibility zone to accommodate the emerging Downtown Code and
to facilitate both a future 3-story courthouse and County Justice building. After receiving
comments from the ALUC at an initial meeting, conducting additional research and discussing
the matter with the City's Airport Commission, Staff modified its approach to propose that just
Public Facility buildings be allowed to exceed 2-stories (see complete proposed text on page 2).
In the future, if the City Council were to direct Staff, a broader modification to facilitate non-
public facility buildings to exceed 2-stories could be pursued for the emerging Downtown Zoning
Code.
Continued on Page 2
Recommended Action(s): 1) Conduct a public hearing; and 2) Adopt a Resolution approving
a Negative Declaration and amending the Ukiah Municipal Airport Master Plan.
Alternative Council Option(s): Do not adopt the Resolution and provide direction to Staff
Citizens advised Publicly noticed according to the requirements of the Ukiah City Code
Requested by: Charley Stump, Director of Planning and Community Development
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: David Rapport, City Attorney
Attachments: 1)Resolution amending the Ukiah Municipal Airport Master Plan
2)Negative Declaration/Initial Environmental Study
3)Ukiah Airport Commission Minutes, dated March 1, 2011
Approved:
Jan hambers, City Manager
CalTrans Division of Aeronautic Review
On January 13, 2011, the State Department of Transportation/Division of Aeronautics formally
responded to a referral from the State Administrative Office of the Courts seeking its
determination of the adequacy of two alternative downtown sites for a 3-story courthouse. The
Division of Aeronautics approved both sites. This determination, along with the technical
information contained in the City prepared Initial Environmental Study/Negative Declaration
assisted the ALUC in approving the City's request to modify its CLUP to allow Public Facility
buildings to exceed 2-stories in the B2 infill compatibility zone.
As indicated above, the purpose of now amending the City's Municipal Airport Master Plan is to
achieve consistency with the new language contained in the Mendocino County Airports CLUP.
PROPOSED TEXT: The proposed text to be added to the Ukiah Municipal Airport Master Plan
is as follows:
Page 7-33 (3)
(3) "Routinely occupied portions of Public Facility buildings shall not exceed two stories
in height (equipment rooms, etc. are exempt), unless:
1. Specific design includes features that would provide the occupants with an
equivalent evacuation risk as those in a two-story building. The design features
2
B2 Infill Compatibility Zone
Ukiah Municipal Airport
3000' from the runway
may include, but not necessarily be limited to, fire sprinkler systems zoned for
individual floor operation; limited size and number of windows on the flight path
side of the structure; additional and/or direct fire exits on floors above the
second story; application of noncombustible construction materials; application
of escape and rescue windows/exits to floors above the second story; stronger
structural and roof designs; and strategically locating the building on the site
such that the profile presents the least exposure to air traffic and increased
accessibility for Fire Department emergency rescue apparatus. The
determination of equivalent evacuation risk shall be made by proiect decision
makers with review, direction and recommendations received from local public
safety personnel and other appropriate staff.
2. Each project shall include a Disaster Management/Emergency Evacuation Plan
to facilitate the rapid evacuation of building occupants in the event of an aircraft
accident involving the building. The contents of the Plan shall be generally
consistent with the recommendations established by the U.S. Department of
Labor Occupational Safety and Health Administration.
UKIAH AIRPORT COMMISSION REVIEW: On March 1, 2011, the Ukiah Airport Commission
discussed the proposal and voted 2-1 to recommend approval to the City Council (minutes
attached).
NEGATIVE DECLARATION: The Negative Declaration/Initial Environmental Study was derived
from and relies upon the Negative Declaration circulated through the State Clearinghouse and
approved by the Mendocino County Airport Land Use Commission when it approved the City of
Ukiah's request to amend the Mendocino County Airports Comprehensive Land Use Plan (CLUP)
on January 20, 2011. The only difference between the two Negative Declarations/Initial
Environmental Studies is the name of the Project, in this case, an amendment to the Ukiah
Municipal Airport Master Plan. The public review and comment period for the document was
February 28, 2011 through March 21, 2011 and no comments were received.
RECOMMENDED ACTION: 1) Conduct a public hearing; and 2) Adopt the Resolution
approving a Negative Declaration and amending the Ukiah Municipal Airport Master Plan.
Fiscal Impact:
F1 Budgeted FY F1 New Appropriation
08/09
Not Applicable ❑ Budget Amendment
Required
3
ATTACHMENT NO. 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING A NEGATIVE
DECLARATION AND AN AMENDMENT TO THE UKIAH MUNICIPAL AIRPORT MASTER
PLAN
WHEREAS, Staff has discussed proposed revisions to the Ukiah Municipal Airport
Master Plan with the City Council during budget discussions for fiscal years 2007-2008, 2008-
2009, and 2009-2010, 2010-2011, and
WHEREAS, Staff initially proposed modifying the B2 airport compatibility zone boundary
north of the airport to relax the prohibition against buildings exceeding 2-stroies and increase
densities along a portion of East Perkins Street to accommodate the emerging new Downtown
Zoning Code and to facilitate a new 3-story courthouse; and
WHEREAS, after receiving comments from the Mendocino County Airport Land Use
Commission at an initial meeting, conducting additional research and discussing the matter with
the City's Airport Commission, Staff modified its approach to propose that Public Facility
buildings be allowed to exceed 2-stroies in the B2 airport compatibility zone boundary north of
the airport (full proposed text included as Exhibit "A" attached); and
WHEREAS, on January 13, 2011, the State Department of Transportation/Division of
Aeronautics formally responded to a referral from the State Administrative Office of the Courts
seeking its determination of the adequacy of two alternative downtown sites within the Ukiah B2
airport infill compatibility zone for a 3-story courthouse. The Division of Aeronautics approved
both sites; and
WHEREAS, on January 20, 2011, the Mendocino County Airport Land Use Commission
(ALUC) voted 4-3 to approve a CEQA Negative Declaration and amend its Airports
Comprehensive Land Use Plan (CLUP) to allow Public Facility buildings to exceed 2-stories in
the City's airport B2 infill compatibility zone north of the airport.
WHEREAS, on March 1, 2011, the City of Ukiah Airport Commission voted 2-1 to
recommend City Council approval of the proposed language change to the Ukiah Municipal
Airport Master Plan to be consistent with the Mendocino County Airports Comprehensive Land
Use Plan; and
WHEREAS, City Staff prepared an Initial Environmental Study and concluded that the
proposed language modification to the Ukiah Municipal Airport Master Plan would not have a
significant adverse impact on the environment and that a Negative Declaration was appropriate
for the project; and
WHEREAS, the City Council conducted a public hearing on April 6, 2011 and
considered the Initial Environmental Study and Negative Declaration, and the proposed
language change to the Ukiah Municipal Airport Master Plan: and
4
WHEREAS, the City Council has determined, based on the findings contained in the
Negative Declaration, that the proposed project would not have a significant adverse impact on
the environment; and
WHEREAS, the City Council finds that the proposed language modification to the Ukiah
Municipal Airport Master Plan is appropriate and acceptable.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts
the Negative Declaration, and amends the Ukiah Municipal Airport Master Plan to include the
proposed language as shown on Exhibit "A."
PASSED AND ADOPTED on
Ayes:
Noes:
Abstain:
Absent:
Mari Rodin, Mayor
ATTEST:
2011 by the following Roll Call Vote:
JoAnne Currie, City Clerk
EXHIBIT A
Resolution No.
Page 7-33 (3) of the Ukiah Municipal Airport Master Plan is hereby amended to read:
(3) "Routinely occupied portions of Public Facility buildings shall not exceed two stories
in height (equipment rooms, etc. are exempt), unless:
Specific design includes features that would provide the occupants with an
equivalent evacuation risk as those in a two-story building. The design features
may include, but not necessarily be limited to, fire sprinkler systems zoned for
individual floor operation; limited size and number of windows on the flight path
side of the structure; additional and/or direct fire exits on floors above the
second story; application of noncombustible construction materials; application
of escape and rescue windows/exits to floors above the second story; stronger
structural and roof designs; and strategically locating the building on the site
such that the profile presents the least exposure to air traffic and increased
accessibility for Fire Department emergency rescue apparatus. The
determination of equivalent evacuation risk shall be made by project decision
makers with review, direction and recommendations received from local public
safety personnel and other appropriate staff.
2. Each project shall include a Disaster Management/Emergency Evacuation Plan
to facilitate the rapid evacuation of building occupants in the event of an aircraft
accident involving the building. The contents of the Plan shall be generally
consistent with the recommendations established by the U.S. Department of
Labor Occupational Safety and Health Administration.
6
Attachment # Z.
PUBLIC REVIEW COPY
cit kiah
CEQA Negative Declaration
and
Initial Environmental Study
Ukiah Municipal Airport
Master Plan Amendment
132 Infill Area North of the Airport
Public Review and Comment Period
February 28, 2011 through March 21, 2011
Prepared by the
Department of Planning & Community Development
February 2011
ci+-h
NOTICE OF DOCUMENT AVAILABILITY AND INTENT
TO ADOPT A NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING
Amendment to the Ukiah Municipal Airport Master Plan.
NOTICE IS HEREBY GIVEN that a CEQA Negative Declaration has been prepared for a proposed
amendment to the Ukiah Municipal Airport Master Plan, and is available for public review and comment. The
document can be reviewed at the City of Ukiah Department of Planning and Community Development,
Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
PUBLIC REVIEW AND COMMENT PERIOD: February 28, 2011 through March 21, 2011. The Negative
Declaration and associated Initial Environmental Study conclude that the project does not have the potential
to produce significant adverse impacts on the environment. Potential impacts analyzed in the proposed
Negative Declaration relate to noise, safety, and public services.
PROJECT DESCRIPTION: The project involves adding the following language to Item (3) on page 7-33 of
the Ukiah Municipal Airport Master Plan: (3)"Routinely occupied portions of Public Facility buildings shall not
exceed two stories in height (equipment rooms, etc. are exempt), unless: 1) Specific design includes
features that would provide the occupants with an equivalent evacuation risk as those in a two-story
building. The design features may include, but not necessarily be limited to, fire sprinkler systems zoned for
individual floor operation; limited size and number of windows on the flight path side of the structure;
additional and/or direct fire exits on floors above the second story; application of noncombustible
construction materials; application of escape and rescue windows/exits to floors above the second story;
stronger structural and roof designs; and strategically locating the building on the site such that the profile
presents the least exposure to air traffic and increased accessibility for Fire Department emergency rescue
apparatus. The determination of equivalent evacuation risk shall be made by project decision makers with
review, direction and recommendations received from local public safety personnel and other appropriate
staff, and 2) Each project shall include a Disaster Management/Emergency Evacuation Plan to facilitate the
rapid evacuation of building occupants in the event of an aircraft accident involving the building. The
contents of the Plan shall be generally consistent with the recommendations established by the U.S.
Department of Labor Occupational Safety and Health Administration.
MENDOCINO COUNTY AIRPORT LAND USE COMMISSION ACTION: On January 20, 2011, the
Mendocino County Airport Land Use Commission conducted a public hearing and voted 4-3 to adopt the
Negative Declaration and amend the Mendocino County Airports Comprehensive Land Use Plan to
incorporate the above language. The current proposal is a follow-up project to ensure that the City of Ukiah
Municipal Airport Master Plan is consistent with the Mendocino County Airports Comprehensive Land Use
Plan (CLUP). The proposed Negative Declaration is essentially the Negative Declaration circulated through
the State Clearinghouse and approved by the Mendocino County Airport Land Use Commission. The only
difference is the name of the Project, in this case an amendment to the Ukiah Municipal Airport Master Plan
rather than the Mendocino County Airports CLUP.
TO REVIEW THE RECOMMENDED NEGATIVE DECLARATION DOCUMENT: Copies of the proposed
Negative Declaration/Initial Environmental Study can be reviewed at the City Department of Planning and
Community Development, 300 Seminary Avenue, Ukiah, CA. All written comments on the proposed
Mitigated Negative Declaration must be submitted no later than March 21, 2011 to Charley Stump, Director
of Planning and Community Development, 300 Seminary Avenue, Ukiah. Comments received after March
21, 2011 will not be considered or responded to.
PUBLIC HEARING: The Ukiah City Council will conduct a Public Hearing to consider the proposed
Negative Declaration and amendment to the Ukiah Municipal Airport Master Plan on Wednesday, April 6,
2011 at 6:00 p.m., or soon thereafter. The public hearing will be conducted in the City of Ukiah City Council
Chambers at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA. s/ Charley Stump, Director of
Planning and Community Development.
POSTED: February 25, 2011.
City of Ukiah Civic Center
City of Ukiah Website: www.cityofukiah.com
Ukiah Municipal Airport
Mendocino County Library - Ukiah
C+_h
Planning and
Community
Development
NEGATIVE DECLARATION
Ukiah Municipal Airport Master Plan Amendment
B2 Infill Area North of the Airport
PROJECT: Ukiah Municipal Airport Master Plan Amendment
B2 Infill Area North of the Airport
DATE: February 25, 2011
PROJECT
PROPONENT: City of Ukiah
LOCATION: The B2 Infill area north of the airport is bounded by Main Street on the west; Gobbi
Street on the south; Highway 101 on the east; and Norton Street on the north.
PROJECT DESCRIPTION: The proposed project involves modifying the Ukiah Municipal Airport
Master Plan to be consistent with the language recently added to the Mendocino County Airports
Comprehensive Land Use Plan by the Mendocino County Airport Land Use Commission.
Page 7-33 (3)
(3) "Routinely occupied portions of Public Facility buildings shall not exceed two stories in height
(equipment rooms, etc. are exempt), unless:
Specific design includes features that would provide the occupants with an equivalent
evacuation risk as those in a two-story building. The design features may include, but not
necessarily be limited to, fire sprinkler systems zoned for individual floor operation; limited
size and number of windows on the flight path side of the structure; additional and/or
direct fire exits on floors above the second story; application of noncombustible
construction materials; application of escape and rescue windows/exits to floors above
the second story; stronger structural and roof designs; and strategically locating the
building on the site such that the profile presents the least exposure to air traffic and
increased accessibility for Fire Department emergency rescue apparatus. The
determination of equivalent evacuation risk shall be made by project decision makers with
review, direction and recommendations received from local public safety personnel and
other appropriate staff.
2. Each project shall include a Disaster Management/Emergencv Evacuation Plan to
facilitate the rapid evacuation of building occupants in the event of an aircraft accident
involving the building. The contents of the Plan shall be generally consistent with the
recommendations established by the U.S. Department of Labor Occupational Safetv and
Health Administration
ENVIRONMENTAL SETTING: The B2 Infill area north of the airport is characterized by dense
urban development, major street corridors, above-ground utility infrastructure, and the NWP
railroad right-of-way (tracks). Land uses include retail commercial, professional services, offices,
medical facilities (hospital and doctors offices), high density residential, low density residential,
warehousing, and restaurants. The subject area is shown below:
2 _Z_
FINDINGS SUPPORTING A NEGATIVE DECLARATION:
1. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project
does not have the potential to degrade the quality of the local or regional environment;
2. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project
will not result in short-term impacts that will create a disadvantage to long-term environmental goals;
3. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project
will not result in impacts that are individually limited, but cumulatively considerable; and
4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project
will not result in environmental impacts that will cause substantial adverse effects on human beings, either
directly or indirectly.
5. Allowing three-story public buildings in the B2 Infill Compatibility Zone north of the airport would not
result in a significant hazard to building occupants for the following reasons:
• The City's Fire Department has significantly increased its capability to respond to and successfully
evacuate a structure exceeding two stories in height;
• The proposed language includes a requirement for a Disaster Management/Building Emergency
Evacuation Plan;
• The proposed language requires design features to facilitate the safe and rapid evacuation of
occupants;
• In the case of courthouse buildings, the State requires structural system design elements to ensure
that building occupants will be able to evacuate the building safely and rapidly during an
emergency, "especially if part of the building is damaged, destroyed, or subject to a blast." The
goal is to avoid progressive collapse, by designing a structure that will not collapse if one of more
structural members are damaged, fail, or are destroyed.
6. The proposed project, which would allow public facility buildings to have more than two-stories would
not result in significant adverse noise impacts for the following reasons:
• Based on the analysis contained in the Initial Environmental Study, it would not exposes people to
or generate noise levels in excess of the 45 dbl indoors / 60 dbl outdoor General Plan standards
• The number of average daily flights has not increased over the past 15 years.
• Based on the analysis above, and because of the occasional nature of loud producing aircraft, it
would not causes a substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project.
• Based on the analysis above, and because of the occasional nature of loud producing aircraft, it
would not causes a substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels without the project.
• The occasional loud producing aircraft such as helicopters, fire fighting air tankers and jets are
deemed acceptable based on the General Plan Noise Element, which indicates that these
occasional loud noises are outweighed by the usefulness of the aircraft and their importance to the
community, and the need to balance this noise with ordinary economic growth and development.
7. The proposed language modification allowing three stories rather than only two stories on public
buildings would in and of itself not directly cause an increase in greenhouse gas emissions and
contribute to global warming. This conclusion is based on the following:
• The project would not change the existing General Plan designation or zoning classification in the
subject area.
• No change in the allowable density would result from the proposal.
• Future development in this area is regarded as infill development and would be served by
alternative transportation systems, bicycle lanes, and sidewalks.
2 z~3
• Additionally, future development in the study area would be subject to the Ukiah Commercial
development Design Guidelines, General Plan Energy Element, and other adopted tools that
require all future buildings to be constructed in compliance with Title 24 regulations, encouraging
future development to attempt to reduce heating and cooling costs with building orientation and
landscaping, and other measures.
• It is speculative to assume that all future public buildings would propose two-stories, and speculative to
assume how many public buildings would be proposed in the study area. For example, the only public
building constructed in the study area in the past 30+ years was the County library.
• Finally, future development of all public buildings would undergo separate environmental review to
determine whether or not they would produce unacceptable amounts of greenhouses gases.
8. The proposed language modification would not result in cumulative impacts on the environment because
there are no known probable or foreseeable three-story public building projects other than the new
courthouse, and there is only one suitable vacant or underutilized site that could accommodate such a
building. It is unreasonable and highly speculative to assume that if the Ukiah Municipal Airport Master Plan
is modified to allow three-story public buildings in the B2 Infill area that the City, County, School District,
Federal government or other public entity would inexplicably seize the opportunity and propose a three-
story public building.
9. On January 20, 2011, the Mendocino County Airport Land Use Commission voted 4-3 to amend the
Mendocino County Airports Comprehensive Land Use Plan to add the language proposed for the Ukiah
Municipal Airport Master Plan. The purpose of the project is to ensure consistency between the two
documents.
STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the
City of Ukiah has determined that the project will not have a significant effect on the
environment, and further, that this Negative Declaration constitutes compliance with the
requirements for environmental review and analysis required by the California Environmental
Quality Act.
The Initial Environmental Study and all resources information used to perform the initial
environmental analysis may be reviewed at the City of Ukiah Department of Planning and
Community Development, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
NOTE: This Negative Declaration/Initial Environmental Study was derived from and relies upon the
Negative Declaration circulated through the State Clearinghouse and approved by the Mendocino
County Airport Land Use Commission when it approved the City of Ukiah's request to amend the
Mendocino County Airports Comprehensive Land Use Plan (CLUP) on January 20, 2011. The only
difference between the two Negative Declarations is the name of the Project, in this case, an
amendment to the Ukiah Municipal Airport Master Plan.
745i/
Date
PVlanni and Comm~ffity Development
City Ukiah
3 Z^~,
INITIAL ENVIRONMENTAL STUDY
INITIAL ENVIRONMENTAL STUDY
Ukiah Municipal Airport Master Plan Amendment
B2 Infill Area North of the Ukiah Airport Within City Limits
Ukiah
Project Title: Ukiah Municipal Airport Master Plan Amendment
B2 infill Area North of the Ukiah Airport Within City Limits
Lead Agency Name and City of Ukiah
Address: Department of Planning and Community Development
300 Seminary Avenue
Ukiah, CA 95482
Project Location: City of Ukiah, Mendocino County, Ca
Project Sponsor's Name and City of Ukiah
Address: Department of Planning and Community
Development
300 Seminary Avenue
Ukiah, CA 95482
CEQA Initial Environmental Study and Negative Declaration
Ukiah Municipal Airport Master Plan Modification 7,
January, 2011
INITIAL ENVIRONMENTAL STUDY
PUBLIC REVIEW AND COMMENT PERIOD: February 27, 2011 through March 21, 2011.
PURPOSE OF THIS INITIAL STUDY: This Initial Study has been prepared consistent with CEQA
Guidelines Section 15063, to determine if the project, as proposed, would have significant adverse
impacts on the environment.
PROJECT DESCRIPTION: The proposed project involves modifying the Ukiah Municipal Airport
Master Plan to be consistent with the language recently added to the Mendocino County Airports
Comprehensive Land Use Plan by the Mendocino County Airport Land Use Commission.
Page 7-33 (3)
(3) "Routinely occupied portions of Public Facility buildings shall not exceed two stories in
height (equipment rooms, etc. are exempt), unless:
Specific design includes features that would provide the occupants with an equivalent
evacuation risk as those in a two-story building The design features may include but
not necessarily be limited to fire sprinkler systems zoned for individual floor operation;
limited size and number of windows on the flight path side of the structure; additional
and/or direct fire exits on floors above the second story application of noncombustible
construction materials; application of escape and rescue windows/exits to floors above
the second story; stronger structural and roof designs and strategically locating the
building on the site such that the profile presents the least exposure to air traffic and
increased accessibility for Fire Department emergency rescue apparatus The
determination of equivalent evacuation risk shall be made by protect decision makers
with review, direction and recommendations received from local public safety
personnel and other appropriate staff. ~
2. Each proiect shall include a Disaster Management/Emergency Evacuation Plan to
facilitate the rapid evacuation of building occupants in the event of an aircraft accident
involving the building. The contents of the Plan shall be generally consistent with the
recommendations established by the U.S. Department of Labor Occupational Safety
and Health Administration.
PURPOSE OF THE PROJECT: The purpose of the proposed language modification is to facilitate
locating the new three-story Mendocino County Courthouse and other potential public facility buildings
exceeding two stories in the B2 area north of the airport.
According to Ukiah Municipal Airport Master Plan "multi-story offices are not normally acceptable" in
the B2 compatibility zone because they typically don't meet the density and other listed development
conditions. And further that they should only be allowed if a "major community objective is served by
their location in this zone and no feasible alternative exists.
The local court administrator has indicated that the proposed new Courthouse will meet the current
90-people per acre density standard and other development conditions except for the 2-story
maximum regulation. However, the City believes that the courthouse project would qualify as a
City of Ukiah 2
CEQA Initial Environmental Study and Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011
INITIAL ENVIRONMENTAL STUDY
project that fulfills a major community objective because it retains the Courthouse in downtown Ukiah
where it has been located for 150 years and where it has played a vital role in economic development
and the overall economic stability of the City.
The Judicial Council of California - Administrative Office of the Courts in collaboration with a Local
Advisory Group has conducted a detailed site selection/feasibility exercise, and has identified two
preferred sites from an original list of sixteen. The two feasible sites are located in the Ukiah
downtown within the B2 Infill compatibility zone area north of the airport. No other feasible alternative
exist.
NOTE: This Negative Declaration/Initial Environmental Study was derived from and relies upon the
Negative Declaration circulated through the State Clearinghouse and approved by the Mendocino
County Airport Land Use Commission when it approved the City of Ukiah's request to amend the
Mendocino County Airports Comprehensive Land Use Plan (CLUP) on January 20, 2011. The only
difference between the two Negative Declarations/Initial Environmental Studies is the name of the
Project, in this case, an amendment to the Ukiah Municipal Airport Master Plan.
City of Ukiah
CEQA Initial Environmental Study and Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011
2-7
INITIAL ENVIRONMENTAL STUD(
The arrows show the two alternative courthouse sites
City of Ukiah 4
CEQA Initial Environmental Study and Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011
INITIAL ENVIRONMENTAL STUDY
ENVIRONMENTAL SETTING: The B2 Infill area north of the airport is characterized by dense urban
development, major street corridors, above-ground utility infrastructure, and the NWP railroad right-of-
way (tracks). Land uses include retail commercial, professional services, offices, medical facilities
(hospital and doctors offices), high density residential, low density residential, warehousing, and
restaurants. The subject area is shown below:
I32 Infill Compatibility Zone
Ukiah Municipal Airport
3000' from the runway
Uly OT UKjan 5
CEQA Initial Environmental Study and Negative Declaration C
Ukiah Municipal Airport Master Plan Modification
January, 2011
INITIAL ENVIRONMENTAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, as indicated by
the checklist and corresponding discussion on the following pages.
❑
Aesthetics
❑
Agricultural Resources
❑
Air Quality
❑
Biological Resources
❑
Cultural Resources
❑
Geology / Soils
®
Hazards & Hazardous Materials
❑
Hydrology / Water Quality
®
Land Use / Planning
❑
Mineral Resources
®
Noise
❑
Population / Housing
®
Public Services
❑
Recreation
❑
Transportation /
Traffic / Parking
❑
Utilities / Service Systems
DETERMINATION:
On the basis of this initial evaluation:
® 1 find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
❑ I find that although the proposed project could have a significant effect on the environment there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the propq,&~O/project, noyyng further is required.
Planner's Signatu
Planner's Printed Name Charley Stump, Director
City of Ukiah 6
CEQA Initial Environmental Study and Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011
Date: February 25, 2011
Planning and Community Development
City of Ukiah
Z-/o
INITIAL ENVIRONMENTAL STUDY
SUMMARY OF FINDINGS:
The Initial Environmental Study evaluated potential impacts in the areas of noise, hazards and safety,
global climate change, land use planning, and potential cumulative impacts. Based on the review of
the proposed project, site and surrounding areas, it has been determined that the proposed language
modification to the Ukiah Municipal Airport Master Plan would not result in significant adverse impacts
on the environment.
ENVIRONMENTAL FACTORS DETERMINED NOT TO BE SIGNIFICANTLY AFFECTED:
Review of the proposal reveals that no impacts to biological, mineral, geologic/soils, cultural, and
agricultural resources would result for the following reasons:
1. Allowing more than 2-stories to a public building would not increase its footprint and therefore
would not have the potential to disturb any plants, soils, animals, hydrology, minerals, cultural
artifacts, or farmland.
2. The B2 Infill airport compatibility area affected by the proposed project is characterized as
densely urban and is devoid of farmland, mineral resources, and any known cultural artifacts.
Similarly, it has been determined that the proposed language change to potentially allow three story
public buildings would not adversely impact utilities, recreation, traffic, air quality, or housing for
the following reasons:
All public utilities are available to serve the affected area whether a development proposal
involves a two or three story public building.
2. Building a three story public building rather than a two story building would not significantly
increase a need for additional recreational facilities, existing facility staffing, or increase
population significantly because the size of any residential project and an associated increase
in population would be limited due to a limited number of large vacant and underutilized
parcels in the affected area.
3. Building a three story public building rather than a two story building in the affected area would
not increase air pollution because one of the purposes of allowing taller more compact and
pedestrian friendly development is to reduce the use of vehicles and average daily vehicle
trips.
4. The proposal would allow Public Facility buildings to exceed two stories. Residential housing
and commercial buildings would still be limited to two-stories.
5. It is too speculative to reach a conclusion that a three story Public Facility building would
produce a significant amount of additional traffic than a two story building without knowing the
use of the building.
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011
INITIAL ENVIRONMENTAL STUDY
It should be emphasized that future development in the affected area would be subject to
environmental review, and based upon the details and scope of the individual projects, a more
definitive and less speculative assessment of potential impacts to the above environmental categories
will be performed.
ANAYLSIS OF POTENTIAL ENVIRONMENTAL IMPACTS:
1. HAZARDS & HAZARDOUS MATERIALS Less Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Impact
Would the project: Incorporated
a) Create a significant hazard to the public or the
environment through the routine transport, use, or ❑ ❑ ❑
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset ❑ ❑ ❑
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste ❑ ❑ ❑
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a ❑ ❑ ❑
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport, ❑ ❑ ® ❑
would the project result in a safety hazard for
people residing or working in the project area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for ❑ ❑ ❑
people residing or working in the project area?
g) Impair implementation of or physically interfere with
an adopted emergency response plan or ❑ ❑ ❑
emergency evacuation plan?
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 8
Z
INITIAL ENVIRONMENTAL STUDY
1. HAZARDS & HAZARDOUS MATERIALS Less Than
mn~
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to ❑ ❑ ❑
urbanized areas or where residences are
intermixed with wildlands?
Discussion: Ukiah is generally regarded as a healthy City with relatively clean air and water. While
there are some known toxic "spots" resulting from the past storage of hazardous materials
underground, the City is not regarded as having a highly contaminated environment.
The B2 infill area north of the airport is the extended approach and departure zone for some aircraft,
and development is regulated in part by the Ukiah Municipal Airport Master Plan.
Significance Criteria: A significant impact to the environment and the public associated with
hazards and hazardous materials would result from a project if any of the following occurred:
• Creation of a significant hazard to the public or environment by routine transport, use or
disposal of hazardous materials or from foreseeable upset and accident conditions;
• Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste
within % mile of an existing or proposed school;
• Location of a project on a listed hazardous materials site compiled pursuant to
Government Code Section 65962.5;
• Impairment/interference with adopted emergency response plan or emergency evacuation
plan;
• Result in a safety hazard for people residing or working in the project area.
Potential Hazardous Materials Impacts: The proposed language modification would not create or
cause the use/transport of hazardous materials.
Potential Safety Hazards Associated with the Ukiah Regional Airport: The central issue
associated with allowing public buildings to exceed 2-stories in the B2 Infill airport compatibility area is
emergency evacuation. From an emergency response perspective, it is easier to evacuate a two
story building than it is a three or four story building in the event of an airplane accident, fire, or other
emergency.
Fire Protection/Emergency Evacuation: Since the adoption of the Mendocino County Airports
CLUP in 1995 and the Ukiah Airport Master Plan in 1996, the Ukiah Fire Department's ability to
respond to, fight fires and evacuate people in tall building has dramatically increased. For example,
the Department has acquired a state-of-the-art ladder truck/fire engine for emergency response
involving taller structures. It has a 75-foot tall ladder that is capable of delivering water to extinguish
fire with remote controls rather than having a firefighter on the ladder itself. It is also capable of
basket personnel rescue with controls on top of the ladder that enable the rescuer to navigate from
window to window at tall heights.
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 9 _
INITIAL ENVIRONMENTAL STUDY
In addition, the City's Fire Department is now certified as the only Urban Search and Rescue
Department (USAR) and Training Center in the region. The Department routinely conducts urban
rescue exercises on its 4-story training tower and its personnel are highly trained in tall building
emergency rescue.
This increased capability helps to support the proposal and mitigate the three or more building story
emergency evacuation concerns in 1995-1996.
Additionally, the proposed language requires the preparation and submittal of a Disaster Management
Plan for any project proposing more than two stories. These plans typically referred to as BEEP's
(Building Emergency Evacuation Plans) have the following primary objectives:
1. Everyone leaves the building safely
2. A procedure to safely evacuate individuals who cannot negotiate stairs is in place
3. Building occupants are accounted for after an emergency evacuation
4. Personnel are selected among building occupants, with functions to ensure plan objectives are
met.
A BEEP will include general building evacuation (partial and full) procedures, methods for immediately
reporting an emergency, evacuation instructions and emergency escape procedures/maps,
assignment of evacuation leadership personnel, the designation of safe assembly locations,
emergency procedures for persons needing assistance to evacuate, procedures, timelines, and
leadership for routine evacuation drills.
Height (FAA Part 77): Another potential airport related hazard issue is building height. Height in
relation to the airport is regulated by the Federal Aviation Administration (FAA Part 77). This
regulation dictates how high a building or other potential obstruction can be depending upon where it
is located and how close it is to the end of the airport runway. For the first 2,766 feet from the runway,
1-foot of height is allowed per every 50-feet of distance, so a structure located 2,766 feet from the
runway can be 55.32 feet in height. From 2,766 feet to 10,200 feet from the runway, an additional 1-
foot of height is allowed for every 34-feet of distance.
The B2 infill area begins approximately where Freitas Avenue intersects with South State Street 2400
feet from the end of the runway. In this location, buildings are limited to a height of 48-feet. The
northern boundary of the B2 Infill is situated approximately 7000-feet from the end of the runway and
buildings in this location are limited to an FAA Part 77 height of 179.5-feet. The two alternative
courthouse sites are located approximately 5000-feet (depot property) and 5,500 feet (Site 16) from
the end of the runway and have FAA height limits of 120.7-feet and 135.4-feet respectively:
Depot Site: 2,766 feet from runway (50 to 1) = 55 feet of height / additional 2234 feet of distance (34
to 1) = 65.7-feet. 55 + 65.7 = 120.7 feet.
Site 16: 2,766 feet from runway (50 to 1) = 55' of height / additional 2734 feet of distance (34 to 1) _
80.4-feet. 55 + 80.4 = 135.4 feet.
These calculations may be conservative. As the figure below illustrates, the heights cited above apply
to the 800-1000 foot wide plane extending directly north of the airport runway (green color). Outside
that plane, FAA Part 77 allows for additional height based on the 7 to 1 side slope criteria. For every
seven-feet outside the 800-1000 foot plane, an additional one-foot of height is allowed.
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification _
January, 2011 10
INITIAL ENVIRONMENTAL STUDY
Staff is able to conclude that because the courthouse conceptual plans call for a courthouse of
approximately 50 feet in height, there would not be a conflict with the FAA Part 77 regulations, and no
corresponding height obstruction or safety impacts resulting from the construction of a 50-foot tall
public facility building.
THE PRIMARY SURFACE IS 1,000 FEET WIDE,
RECTANGULAR IN SHAPEp AND CENTERED
ON THE RUNWAY CENTERLINE. IT BEGINS 200
FEET ON THE APPROACH SIDE OF A RUNWAY
THRESHOLD AND EXTENDS TO 200 FEET ON
THE APPROACH SIDE OF THE OPPOSITE RUNWAY
THRESHOLD
AS = APPROACH SURFACE
TS = TRANSITION SURFACE
ANA OIS
PRECISION APPROACH, PRIMARY, AND TRANSITIONS
TRANSITION SURFACES ARE ADJACENT TO THE
APPROACH SURFACE. WIDTH AND SLOPE ARE
MEASURED PERPENDICULAR TO THE RUNWAY
CENTERLINE/CEETERLINE EXTENDED.
1,000
r 7ti S1,OPE EACtI TRAN^~YI ION SURFACE'IS
- ► 14 T6 6~878'FEET V1rIpE AT S/,200
M 'FEET'k'0N'THE,`TRHESHOLD
wl
0 0
2,766
50,1/34:1 SLOPE CHANCE
10,200
50,200 1 f
VVT= 0.1515AD 200) i 1:000 • %,A
WA = 0.0-16(D - 200) +X100
THRESHOLD LOCATION WHERE: D = DISTANCE FROM THRESHOLD AS
(DISPLACED IN THIS CASE) DIMENSIONS ARE IN FEET CENTERLIWEALONG APPROACH
NOT TO SCALE
Building Construction for Safety: In addition, the proposed language requires design elements to
ensure safer public buildings and help facilitate emergency evacuation. It should be noted that in the
case of the proposed new courthouse, the Judicial Council of California in its 2006 edition of California
Trial Court Facilities Standards requires significant construction techniques to ensure that building
occupants will be able to evacuate the building safely and rapidly during an emergency, "especially if
part of the building is damaged, destroyed, or subject to a blast." The goal is to avoid progressive
collapse, by designing a structure that will not collapse if one of more structural members are
damaged, fail, or are destroyed. The flowing is an excerpt from the document:
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 11
Z-1S
INITIAL ENVIRONMENTAL STUDY
F MWArdze blast effe lay using convex shop"
And limited t traent corneas.
t F iftbullet-rMiStartt glazing in9vdicia1rham-
bffs.
+ Providc. forced atry protection at the first floor.
+ In high-crime ueiahborhoocls oar Where a local
thmthasbeen klentifledbythe,th atassefaia it,
pmvidemt#Aoitsmsorsandglass-break d tion
in ls'tsilding auras i=e&tblc from ,grade. P"rovidc
CCTV survcitlanc of building extedor.
+ Walis. Use ductile systems that will resist the
deflmed loads or are designed to support Me win-
dows, and will w-Wmize flying debris entering
occupW somas.
4.6 STRUCTURAL SYSTEMS
protective structural design t naves thatbuitdir g oc-
capants mill, be able to evacuate tEut building safely
and rapidly dtnting an eawgenc y, cspeclalTy if part
of the building is damaged, destmyK gy subjo t to
a blast Thogoal is to avid pragmsiv a collapse, by
designing a stencture that will not collapse if one or
more strucm.4 members are damaged, foil„ or arc
4f.4ft ryed,
• Wi nitinize floor to-floor heights. Time lamif is
gmetally loss than. or rgual to IV.
$ P lMimin. column bay qwa ng' especially of the
cxteriarbays. The upper li maitforeoliimnsptieing
is generally 300
• Avoid overhangs wiltli o Xup S NCO above.
Provrttle redunda y and alternative load paths to
tnitig€cte, blast loads.
NEnirnizc horizontal and vertical structural ir=
regularities.
Provide balanced, design of structural cr_mpo-
nents.
Prevent siugle-Point?of failure of the building
t-.Vu rare by limiting or avoiding large transfer
gizdcrs.
Selcut a ductile structural system, smaller to that
requited for seismic desigm Accgw vle groutural
systeM WE& 6uOttsedtt fie steel sttuclvres,
steel frames with shear walls, and reinforced
concrete systems with ductikk detailing. Moment
dames shRil be located at the Oxtenor bays of a
bu ldisig for resistance to progressive collapse;
Flow slabs above high-risk areas mist tae dwigtseid
forupwardlforces byumngcontinuous, symmelri-
cal rdffiforeernent at the top and bottom. Ensure
that lbovervi reififoreifia is conlinuou.3 at the roof
System beams and slabs. Use ductile detailing for
cormcetions,especiallyprimary str salftymibm
comac:tions.
+ ControIdeflect toosaroundcortainmembcrs,such
as windows, to pwvcnt pmanratme faffuni . Addi=
dotnal reinwocanent is Wenerally required.
• AtsmasstpoutingunscreeaMandarcugied coull
arms, harden flow systems to mist detenation of a
package or backpack explcisive located at the floor
Ieire l and. am 9t I'M ra I bay away..
• Use Circular culmnswith spiral rei fmciuginthe
building structul system.
Design structural columns in high-risk aromas to
resists po,eleage=plnsive located 4' away.
+ Use ai&way Walt elements ni uning from fluar=
tea-floor to mirtitnize blast loads imparted to
coluffins.
• Gat MIC masoni y unit (CWI) walls shall he mV
gafiauW and reinforced, with connections designed
to allow full development of capacity at the stVa
ports.
467 MECHANICAL, ELECTRICAL AND FIRE
PROTl CHON SYSTEMS
liukchanical, trio 9rcd fitepwipaka systems are
critical mcurily ele nts, that must rotunie fumctidmal
until altbuilditwgoccupants are able t+oevacuate sanely
anti cry mplctcly during an emergency,
Critical systems include. fire protection, air-star d ing
uirits to evacuate smoke, enierg=
l{ 44ttitn tnieafaons
systems. ffnim. ewy lighting (especially at means of
ggrm), and ww4ncy power to ensure that them. sys-
Tenss are- function in the event of a pov ver outage.
• mate critical utilities far from high-risk areas.
IN nut insta0I utiliities MrAlh-M 2T Otp arking weas,
JUDICIAL COUNCIL OF CALIFORNIA • TRIAL COURT DESIGN STANDARDS
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 12 71
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INITIAL ENVIRONMENTAL STUDY
It is staff's conclusion that allowing three-story public buildings in the 132 Infill Compatibility Zone north
of the airport would not result in a significant hazard to building occupants for the following reasons:
The City's Fire Department has significantly increased its capability to respond to and
successfully evacuate a structure exceeding two stories in height;
2. The proposed language includes a requirement for a Disaster Management/Building
Emergency Evacuation Plan;
3. The proposed language requires design features to facilitate the safe and rapid evacuation of
occupants;
4. Typical story public buildings would not exceed the height limits governed by the FAA Part 77
regulations because the calculations reveal that buildings in the B2 Infill airport compatibility
area can range from 48-feet to 179.5 feet. In the case of the selected alternative sites for the
new courthouse, the buildings heights could reach 120.7 feet to 135.4 feet. The concept for
the new courthouse is for an approximate 50-foot tall building.
5. In the case of courthouse buildings, the State requires structural system design elements to
ensure that building occupants will be able to evacuate the building safely and rapidly during
an emergency, "especially if part of the building is damaged, destroyed, or subject to a blast."
The goal is to avoid progressive collapse, by designing a structure that will not collapse if one
of more structural members are damaged, fail, or are destroyed.
Mitigation Measures: No mitigation is required.
Impact Significance After Mitigation: N/A
2. LAND USE AND PLANNING
Less Than
Potentially
Significant
Less Than No
Significant
Impact
With Mitigation
Significant Impact
Impact
Would the project:
Incorporated
a) Physically divide an established community?
❑
❑
❑
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over the
project (including, but not limited to the general ❑ ❑ ❑
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation ❑ ❑ ❑
plan or natural community conservation plan?
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 13 7- 1 7
INITIAL ENVIRONMENTAL STUDY
Discussion: The City of Ukiah is a compact urban environment, and functions as the County seat for
Mendocino County. Commercial, residential, and industrial land uses are planned for specific areas,
as set forth in the 1995 Ukiah General Plan.
Significance Criteria: Significant land use impacts would occur if the project substantially conflicted
with established uses, disrupted or divided an established community, or resulted in a substantial
alteration to present or planned land uses. Proposed project consistency with the Ukiah General Plan
and zoning and any other applicable environmental plans and policies is also evaluated in making a
determination about potential land use impacts.
Consistency with the Ukiah General Plan:
The Vision Statement: The Vision Statement contained in the General Plan calls for a number of
desired outcomes. These include:
1. Creating a sound, stable community-based economy that uses resources wisely.
2. Ensuring community involvement
3. Using resources responsibly
4. Ensuring aesthetics in planning and development
5. Creating an ecologically sustainable community with a sense of itself
The proposed project would not conflict with or prohibit these outcomes from occurring.
Goals and Policies: The Ukiah General Plan contains an Airport Element (Chapter) dedicated to the
airport. The Element includes a discussion of the importance of the airport, the short and long term
issues associated with the airport, and Goals and Policies to promote and protect the airport. The
Goals include:
Goal AE-1: Promote the Ukiah City Airport for the community's benefit both now and in the future.
Goal AE-2: Provide for long-term viability of the airport.
Goal AE-3: Establish uniform ordinances and regulations for land use in the airport's core and
peripheral overlay areas.
Goal AE-4: Promote a "good-neighbor" policy by the airport and its users.
The proposed language modification to the Ukiah Municipal Airport Master Plan allowing buildings to
exceed two stories provided a Disaster Management/Emergency Evacuation Plan is prepared for the
land use would not conflict or be inconsistent with the above goals. The B2 infill area is not located in
what the General Plan describes as the "Object Free Area", the "Runway Protection Zone" or the
"Outer Safety Zone." While these terms were established prior to the adoption of the Ukiah Municipal
Airport Master Plan, it is interesting to note that at the time (1995), these areas/zones were
determined to be important for the promotion and protection of the airport.
General Plan Noise Element: (See discussion of noise in Section 4 below)
Staff is able to conclude that the proposed project is consistent with the goals and policies of the
Ukiah General Plan.
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 14
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INITIAL ENVIRONMENTAL STUDY
Consistency with applicable Zoning Classifications: The subject area contains a number of
zoning districts including, C-1 (Community Commercial), C-2 (Heavy Commercial), R-2 (Medium
Density Residential, R-3 (High Density Residential), and P-F (Public Facilities). None of these zoning
districts contain regulations prohibiting buildings with more than two stories.
The proposed project does not conflict with the zoning classifications contained in the Ukiah zoning
code.
Mitigation Measures: None required.
Impact Significance After Mitigation: Not applicable.
mw~
3. PUBLIC SERVICES Less Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Would the project result in: Impact Incorporated Impact
Substantial adverse physical impacts associated with
the provision of new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of which could
cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or
other performance objectives for any of the public
services:
a)
Fire protection?
❑
❑
®
❑
b)
Police protection?
❑
❑
❑
C)
Schools?
❑
❑
❑
d)
Parks?
❑
❑
❑
e)
Other public facilities?
❑
❑
❑
Discussion: Ukiah is a compact City with a full complement of public services, including fire, police,
schools, parks, etc.
Significance Criteria: Impacts to public services would be significant if the project resulted in
adverse physical impacts upon capacity that would lead to construction of new public facilities or
substantial alteration to existing governmental facilities to maintain acceptable service levels or
performance levels.
City Fire Department: (See discussion above in the Hazards Section).
Mitigation Measures: None
CEQA Initial Environmental Study/Negative Declaration
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INITIAL ENVIRONMENTAL STUDY
Impact Significance After Mitigation: Not applicable.
4. NOISE Less Than
Potentially Significant With Less Than No
Significant Mitigation Significant Impact
Would the project result in: Impact Incorporated Impact
a) Exposure of persons to or generation of noise
levels in excess of standards established in the ❑ ❑ ® ❑
local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise ❑ ❑ ® ❑
levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels ❑ ❑ ® ❑
existing without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above ❑ ❑ ® ❑
levels existing without the project?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use ❑ ❑ ❑
airport, would the project expose people residing
or working in the project area to excessive noise
levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or ❑ ❑ ❑
working in the project area to excessive noise
levels?
Discussion: Aside from the various single-family residential neighborhoods, the City is generally
noisy during the day due to its dense urban environment and the presence of major streets and
associated traffic, intermittent construction noises, an occasional airplane overhead, and other typical
background city related noises.
In terms of the airport, the Ukiah municipal Airport Master Plan, prepared in 1996 indicates that in
1994 there were approximately 50,000 takeoffs and landings at the airport. It projected this number to
increase to 57,000 in the future. The Airport Manager estimates that the airport currently experiences
approximately 100 to 125 takeoffs and landings per day, which amount to nearly 50,000 per year or
roughly the same as in 1994.
City of Ukiah
CEOA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 16
INITIAL ENVIRONMENTAL STUDY
Significance Criteria: A project will typically have a significant noise impact if it meets any of the
following criteria:
1. Exposes people to or generate noise levels in excess of standards established in the local
General Plan or noise ordinance (Ukiah General Plan: 60 dBL outdoors and 45 dBL
indoors).
2. Causes a substantial permanent increase in ambient (surrounding/environmental) noise
levels in the project vicinity above levels existing without the project.
3. Causes a substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels without the project.
Potential Noise-Related Impacts: The Ukiah General Plan identifies the significant noise sources in
the City as transportation noise from coming from major roadways, railroad operations, industrial
plants, and airports. The focus of the Noise Element in the General Plan is to protect the noise-
sensitive land uses from loud noises.
In regard to general aviation noise, the General Plan states:
"General aviation aircraft ordinarily do not pose a noise problem outside the perimeter
of the airport boundary. Their noise levels are comparable to large trucks, and are less
noisy than some leaf blowers. Noise levels typically are 90-100 decibels or below at
100 feet from the plane...." (Noise Element page 16).
In regard to corporate jets and the CDF (Cal Fire) air tankers, the General Plan states:
"Corporate jets are also noisy and use the airport throughout the year. It should be
noted that newer planes, especially jets, are both more efficient and less noisy than
older models, with reductions in noise of about 15-20 decibels, a significant decrease
(FAA 1990). As CDF (Cal Fire) replaces its fire fighting aircraft, citizens can expect the
newer equipment to be quieter. The same holds true for the corporate jets. On
balance, the annoyance for noise is outweighed by the usefulness of the aircraft
involved and their importance to the community." (Noise Element page 16).
The Ukiah Municipal Airport Master Plan, adopted in 1996 projected that on a busy airport day in the
year 2015, noise impacts would affect a small portion of the B2 infill area, but not the two alternative
sites for the new Courthouse. In fact, the busy day 60 dB CNEL level is located far to the south
approximately 4000 feet from the subject parcels.
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 17
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Noise impacts - 2015 Busy Day
Ukiah Municipal Airport
As airplanes approach the airport from the north to land on runway 15 they are at an elevation of
approximately 800-feet as they pass the B2 Infill area. As the General Plan indicates, the noise level
at a distance of 100-feet from the plane (outdoors) is typically 100 decibels. At 200 feet, the noise
would be reduced to 50 decibels. At 800 feet, the noise clearly does not exceed the outdoor
maximum acceptable 60 decibels. This is confirmed by Figure 7F (above) from the Ukiah Airport
Master Plan.
Inside buildings, the noise is even less due to noise attenuation by building materials. Based on the
above information, it is reasonable and logical to conclude that the occupants in a three-story, 50-foot
tall building 750 feet below an airplane approaching the airport to land would not experience noise
levels exceeding the indoor maximum acceptable 45 decibels.
Clearly, certain aircraft produce occasional noise that seems excessively loud. These include the Cal
Star helicopters, the Cal Star tankers, and some jets. These aircraft could be producing more than
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 18
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Figure 7F
INITIAL ENVIRONMENTAL STUDY
the maximum acceptable 45 decibel noise levels to occupants inside buildings, but only occur
occasionally, and as the General Plan states "On balance, the annoyance for noise is outweighed by
the usefulness of the aircraft involved and their importance to the community." The General Plan
also addresses the need for compromise between single noise events and a quiet community by
stating
"...compromise is reasonable in order to balance the noise of the air tankers (aircraft)
against the public good achieved, and to take into account ordinary economic growth
and development." (Noise Element page 19)
It should be noted that current fire attack planes used by Cal Fire have evolved since 1996 when the
Ukiah Municipal Airport Master Plan was adopted. They've transitioned from the piston propeller 9-
cylindar S-2 plane to a turbo propeller jet engine style S-2T plane, which is faster, safer, more
maneuverable, and much quieter.
Staff is able to conclude that the proposed project, which would allow public facility buildings to have
more than two-stories would not result in significant adverse noise impacts for the following reasons:
Based on the analysis above, it would not expose people to or generate noise levels in
excess of the 45 dbl indoors / 60 dbl outdoor General Plan standards
2. The number of average daily takeoffs and landings has not increased over the past 15
years.
3. Based on the analysis above, and because of the occasional nature of loud producing
aircraft, it would not cause a substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project.
4. Based on the analysis above, and because of the occasional nature of loud producing
aircraft, it would not causes a substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels without the project.
5. The occasional loud producing aircraft such as helicopters, fire fighting air tankers and jets
are deemed acceptable based on the General Plan Noise Element, which indicates that
these occasional loud noises are outweighed by the usefulness of the aircraft and their
importance to the community, and the need to balance this noise with ordinary economic
growth and development.
Mitigation Measures: None required.
Impact Significance After Mitigation: Not applicable.
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 19
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INITIAL ENVIRONMENTAL STUDY
5. GLOBAL CLIMATE CHANGE
Less Than
Potentially
Significant
Less Than No
Significant
With Mitigation
Significant Impact
Would the project:
impact
Incorporated
Impact
a) Directly contribute to greenhouse gas emissions?
❑
❑
® ❑
b) Contribute cumulatively to green house gas ❑ ❑ ® ❑
emissions?
Setting: (The following background information is excerpted from: Greenhouse Gas, Climate
Chance, and Energy, National Energy Information Center (NEIC) - Energy Information
Administration).
The greenhouse effect is a natural phenomenon whereby the Earth's heat is trapped in the
atmosphere by certain gases. Greenhouse gases thus contribute to maintaining a surface
temperature on Earth favorable to life. Industrialization and the population explosion that have
occurred over the past 200 years have been accompanied by a substantial increase in the use of
fossil fuels such as coal, oil and natural gas, thus leading to an equally considerable increase in
greenhouse gas emissions in the atmosphere. The additional greenhouse gas emissions have in turn
exacerbated the greenhouse effect, which appears to be the cause of the increase in the temperature
of the Earth's surface and the lower layers of its atmosphere.
"Greenhouse gases" allow sunlight to enter the atmosphere freely. When sunlight strikes the Earth's
surface, some of it is reflected back towards space as infrared radiation (heat). Greenhouse gases
absorb this infrared radiation and trap the heat in the atmosphere. Over time, the amount of energy
sent from the sun to the Earth's surface should be about the same as the amount of energy radiated
back into space, leaving the temperature of the Earth's surface roughly constant. Many gases exhibit
these "greenhouse" properties. Some of them occur in nature (water vapor, carbon dioxide, methane,
and nitrous oxide), while others are exclusively human-made (like gases used for aerosols).
Levels of several important greenhouse gases have increased by about 25 percent since large-scale
industrialization began around 150 years ago. During the past 20 years, about three-quarters of
human-made carbon dioxide emissions were from burning fossil fuels.
Concentrations of carbon dioxide in the atmosphere are naturally regulated by numerous processes
collectively known as the "carbon cycle". The movement of carbon between the atmosphere and the
land and oceans is dominated by natural processes, such as plant photosynthesis. While these
natural processes can absorb some of the net 6.1 billion metric tons of anthropogenic carbon dioxide
emissions produced each year (measured in carbon equivalent terms), an estimated 3.2 billion metric
tons is added to the atmosphere annually. The Earth's positive imbalance between emissions and
absorption results in the continuing growth in greenhouse gases in the atmosphere.
What Effect Do Greenhouse Gases Have on Climate Change? Given the natural variability of the
Earth's climate, it is difficult to determine the extent of change that humans cause. In computer-based
models, rising concentrations of greenhouse gases generally produce an increase in the average
temperature of the Earth. Rising temperatures may, in turn, produce changes in weather, sea levels,
and land use patterns, commonly referred to as "climate change."
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 20 Z, 2 41-
INITIAL ENVIRONMENTAL STUDY
Assessments generally suggest that the Earth's climate has warmed over the past century and that
human activity affecting the atmosphere is likely an important driving factor. A National Research
Council study dated May 2001 stated, "Greenhouse gases are accumulating in Earth's atmosphere as
a result of human activities, causing surface air temperatures and sub-surface ocean temperatures to
rise. Temperatures are, in fact, rising. The changes observed over the last several decades are likely
mostly due to human activities, but we cannot rule out that some significant part of these changes is
also a reflection of natural variability. "
However, there is uncertainty in how the climate system varies naturally and reacts to emissions of
greenhouse gases. Making progress in reducing uncertainties in projections of future climate will
require better awareness and understanding of the buildup of greenhouse gases in the atmosphere
and the behavior of the climate system.
Impacts of Global Warming: According to California Assembly Bill 32, "Global warming poses a
serious threat to the economic well-being, public health, natural resources, and the environment of
California. The potential adverse impacts of global warming include the exacerbation of air quality
problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise
in sea levels resulting in the displacement of thousands of coastal businesses and residences,
damage to marine ecosystems and the natural environment, and an increase in the incidences of
infectious diseases, asthma, and other human health-related problems."
The Legislature also found that Global warming "will have detrimental effects on some of California's
largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and
forestry. It will also increase the strain on electricity supplies necessary to meet the demand for
summer air-conditioning in the hottest parts of the state."
California Senate Bill 1368 declared that global warming would have significant adverse impacts on
the economy, health and environment.
What Are the Sources of Greenhouse Gases? In the U.S., our greenhouse gas emissions come
mostly from energy use and fossil fuel combustion (automobiles). These are driven largely by
economic growth, fuel used for electricity generation, and weather patterns affecting heating and
cooling needs. Energy-related carbon dioxide emissions, resulting from petroleum and natural gas,
represent 82 percent of total U.S. human-made greenhouse gas emissions.
Land Use and Greenhouse Gas: Over the past 50 years, urban sprawl in the immediate vicinity of
Cities has increased dramatically. Locally, urban development has occurred in an unstructured
manner outside the Ukiah City limits.
These resulting areas are characterized by low-density; have increased distances between residential
areas and workplaces, businesses and services; are ill suited to modes of transportation other than
the automobile; have relatively less attractive central areas; and many have vacant lots and
underused or abandoned buildings.
Increase in automobile trips: This type of urban development generates automobile trips that lead
to substantial greenhouse gas emissions and, more specifically, carbon dioxide (C02) emissions.
Indeed, the automobile is the preferred if not the only possible choice for transportation, to the
detriment of mass transit, cycling or walking. Moreover, in urban areas, an increase in the use of the
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 21 Z Z
INITIAL ENVIRONMENTAL STUDY
automobile is accompanied by an increase in the number of vehicle trips and in the distances
traveled.
Will the Proposed Project significantly contribute to Global Warming? No. The proposed
language modification allowing more than two stories on public buildings would in and of itself not
directly cause an increase in greenhouse gas emissions and contribute to global warming. This
conclusion is based on the following:
1. The project would not change the existing General Plan designation or zoning classification in
the subject area.
2. No change in the allowable density would result from the proposal.
3. Future development in this area is regarded as infill development and would be served by
alternative transportation systems, bicycle lanes, and sidewalks.
4. Additionally, future development in the study area may be subject to the Ukiah Commercial
Development Design Guidelines, General Plan Energy Element, and other adopted tools that
require all future buildings to be constructed in compliance with Title 24 regulations,
encouraging future development to attempt to reduce heating and cooling costs with building
orientation and landscaping, and other measures.
5. It is speculative to assume that all future public buildings would propose two-stories, and
speculative to assume how many public buildings would be proposed in the study area. For
example, the only public building constructed in the study area in the past 30+ years was the
single story Mendocino County library.
6. Future development of all public buildings would undergo separate environmental review to
determine whether or not they would result in unacceptable amounts of greenhouses gases.
CUMULATIVE IMPACTS
In addition to assessing the impacts a proposed project would have on the environment, CEQA requires
an examination of the cumulative impacts on the environment that could result from the proposed project
in combination with past, present and probable future projects. In practice the cumulative impact analysis
usually consists of assessing the combined impacts from the proposed project plus a list of other projects
which have either been approved but not constructed and projects where some form of proposal has
been submitted.
In this case, the project involves a modification to a regulation rather than a development project, so
considering it along with past, present and probable future development projects is awkward and
inappropriate. Instead, this analysis evaluates the reasonable future development potential in the B2 Infill
area and asks the question "if these parcels were developed with three-story buildings rather than two-
story buildings, would significant cumulative impacts on the environment result?
The 2009 Vacant and Underutilized map produced for the Ukiah General Plan Hosing Element update
project reveals six (6) vacant parcels and four (4) underutilized parcels in the B2 Infill area. These
parcels are assumed to be the most developable parcels and the most probable to be developed in the
future. Accordingly, it is reasonable that they are used in this cumulative impact discussion.
CEQA Initial Environmental Study/Negative Declaration
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January, 2011 22
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City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
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These sites include:
The parcels associated with the Railroad Depot Property: This site is currently being considered for the
new three-story, 90,000 square foot Mendocino County courthouse.
The parcels associated with the Orchard Plaza Shopping Center: This site is developed with a shopping
center, yet was identified as an underutilized site because of the excess number of parking spaces. In
2009 it was determined to have the potential for approximately 15 to 20 row home type residential units.
This was based on a set of plans for an infill project proposed for the site. That project never
materialized.
It is unlikely that a three story public building would be proposed or constructed on this site for the
following reason:
1. The available underutilized portion of the property is situated along the periphery of the existing
parking lot and would be too small and narrow for typical public building such as a courthouse,
library, police station, etc.
A small vacant parcel on Orchard Avenue: This parcel is located just south of Selzer Realty on the east
side of South Orchard Avenue. It is less than 1-acre in size and is currently being considered by the
Ukiah Unified School District as the location for a new two-story administrative office building.
Two narrow parcels on East Gobbi Street: These two parcels are located in front of the Summer Creek
Village apartment complex. They are narrow, oddly configured, and situated adjacent to the railroad
tracks.
It is unlikely that a three story public building would be proposed or constructed on this site for the
following reasons:
1. The narrow odd shapes of the parcels do not lend themselves to a conventional public
building layout.
2. The access road serving the parcels bifurcates the properties and precludes their
consolidation that would provide a more useable shape and configuration for development of
a three story public building.
A small narrow parcel at the end of Cleveland Lane: This parcel is located east of the Cleveland Lane
affordable housing complex and adjacent to a major drainage channel and railroad tracks.
It is unlikely that a three story public building would be proposed or constructed on this site for the
following reason:
1. The site is too small and narrow.
2. The site has significant drainage issues
CEQA Initial Environmental Study/Negative Declaration
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January, 2011 24 - 7
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INITIAL ENVIRONMENTAL STUDY
The parcel along the railroad tracks north of East Perkins Street: This site is owned by the North Coast
Railroad Authority. It is the City's understanding that this site is "surplus" property and could be sold for
development.
It is unlikely that a three story public building would be proposed or constructed on this site for the
following reason:
1. It is too narrow and the majority of the site is situated between the railroad tracks and existing
development.
2. The site includes a large amount of railroad right-of-way, which is undevelopable.
Site 16; Site 16 is one of the alternative sites selected for the new courthouse. It is located between
Perkins Street on the south; Mason Street on the east; Main Street on the west, and Smith Street (with
fronting parcels) on the north. It was not included in the 2009 Vacant and Underutilized land survey,
because the majority of the site is owned by the City (public parking lot). It represents a potentially
developable site for a three story public facility building.
Conclusion: The only foreseeable and probable three story public building that would be developed in
the B2 Infill area is the new Mendocino County Courthouse and the new Ukiah Unified School District
administrative offices. The City and Mendocino County are not planning any new buildings, and the
Ukiah Unified School District, which is planning a new administrative office building at the Orchard
Avenue site, has indicated that the building would be two-stories.
It is concluded that the proposed language modification would not result in cumulative impacts on the
environment because there are no known probable or foreseeable three-story public building projects
other than the new courthouse, and there are only two suitable vacant or underutilized sites that could
accommodate such a building. It is unreasonable and highly speculative to assume that if the Ukiah
Municipal Airport Master Plan is modified to allow public buildings to exceed two stories in the B2 Infill
area that the City, County, School District, Federal government or other public entity would inexplicably
seize the opportunity and propose a three-story public building. As mentioned earlier, public building
construction is rare, particularly in small rural cities.
While unlikely, it is possible that both of the alternative sites could be developed with three story public
buildings. It is concluded that if this were the case, it would not result in significant cumulative impacts on
the environment for the following reasons:
1. The sites are situated within a dense urban environment devoid of significant natural
environmental resources.
2. Three story public buildings on these sights would not violate FAA Part 77 height regulations.
3. Three story public buildings on these sites would not exceed the maximum 90-people per acre
density standard.
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MITIGATION MONITORING AND REPORTING: AB 3180 requires all public agencies to adopt a
monitoring and reporting program whenever they adopt an EIR or "Mitigated Negative Declaration."
The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration require the
applicants to incorporate or comply with the Mitigation Measures adopted for a project. In this case,
no mitigation measures are recommended or proposed, and therefore no mitigation monitoring is
required.
MANDATORY FINDINGS OF SIGNIFICANCE
Potentially Less Than Less Than No
Significant Significant With Significant Impact
Impact Mitigation Impact
Does the project: Incorporated
a) Have the potential to degrade the quality of the
environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, ❑ ❑ ❑
reduce the number or restrict the range of a rare
or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects
of a project are considerable when viewed in ❑ ❑ ❑
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)?
c) Have environmental effects which will cause
substantial adverse effects on human beings, ❑ ❑ ❑
either directly or indirectly?
miry or Man
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 26
0-30
INITIAL ENVIRONMENTAL STUDY
RESOURCES USED TO PREPARE INITIAL ENVIRONMENTAL STUDY
1. City of Ukiah General Plan, 1995 / 2004
2. The Linkage Between Land Use Transportation and Air Quality, State Air Resources Board, 1993.
3. The Land Use - Air Quality Linkage: How Land Use and Transportation Affect Air Quality, State Air
Resources Board, 1997.
4. Transportation-Related Land Use Strategies to Minimize Mobile Source Emissions: An Indirect Source
Research Project, State Air Resources Board, 1995.
5. A Source of Air Quality Conditions Including Emissions Inventory Ozone Formation PM10
Generation, and Mitigation Measures for Mendocino County CA Sonoma Technologies, Inc.,
November, 1998.
6. General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section,
Michael W. Skenfield, October, 1991
7. Soil Survey of Mendocino County Eastern Part, and Trinity County Southwestern Part, California, U.S.
Department of Agriculture - Soil Conservation Service, January, 1991.
8. A History of the Salmonid Decline in the Russian River, Steiner Environmental Consulting, August,
1996.
9. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975).
10. Ukiah Municipal Airport Master Plan, Shutt Moen Associates, July, 1996.
11. Mendocino County Airport Land Use Plan, 1995
12. California Airport Land Use Planning Handbook. Mead & Hunt, 2003
13. City Air Photographs, 2006
14. How to Plan for Workplace Emergencies and Evacuations. U.S. Department of Labor Occupational
Safety and Health Administration, OSHA 3088 - (2001)
15. Building Emergency Evacuation Plan (BEEP). University of Minnesota - Deluth, Environmental Health
and Safety Office.
16. Discussions with Chris Dewey, Ukiah Director of Public Safety, August, 2010.
17. 2006 edition of California Trial Court Facilities Standards, Judicial Council of California.
18. Preliminary Draft General Plan Housing Element Update, 2009-2014
City of Ukiah
CEQA Initial Environmental Study/Negative Declaration
Ukiah Municipal Airport Master Plan Modification
January, 2011 27
z 31
Attachment # 3
1 . Land use is important.
2 • The Airport charges $.02 a square foot a month for building/ground rent and rent must be
3 charged to all tenants whether or not they lease ground or buildings as part of the FAA Grant
4 Assurance requirements relative to the Airport operating as an Enterprise Fund.
5
6 Nick Bishop recommended using raised beds noting the only gardening essentials necessary are
7 good soil, sunlight and water.
8
9 Staff: Consideration will have to be given on how to control the 10 people per acre if an area is
10 selected in Zone A for a community garden.
11
12 There was discussion how much area is needed for a community garden having field crops and/or
13 vegetables.
14
15 Staff: Asked about circumstances where land is divided such to accompany different crops that
16 families attend together versus plots that are divided for individual families to attend.
17
18 Lucy Neely: There are times when families have individual plots they attend to, but this may not be
19 feasible at the Airport because some families are large. A low density community garden may be
20 more appropriate for the Airport.
21
22 There was discussion concerning possible discretionary review for a community garden use and
23 whether a Determination of Appropriate Use would be a consideration.
24
25 Staff: A Determination of Appropriate Use would not likely be appropriate because a community
26 garden use should meet the applicable compatibility zone criteria for the areas being considered.
27
28 Commission consensus:
29 • Requests staff review C ity agreements that involve community gardens an d FAA Grant
30 Assurance requirements before a community garden can be considered as an acceptable
31 use, particularly if ground rent for space must be a nominal fee or minimal at best.
32 • Would like to review the Cleveland Lane Lease agreement with the City and learn more about
33 community garden requirements.
34 . Continue Commission discussion of allowing for a community garden with more thought
35 given to density, land use and environmental issues, size, terms of lease, and location.
36
37 5B. Amendment to the Ukiah Regional Airport Master Plan
38 Planning Director Stump:
39 • The Mendocino County Airport Land Use Commission has purview over areas off the Airport
40 grounds. It is for this reason that matters involving the airport compatibility zone for areas off
41 the Airport must be reviewed by the Mendocino County Airport Land Use Commission.
42 . In January 2011, the Mendocino County Airport Land Use Commission approved the City's
43 request to amend the Mendocino County Airports Comprehensive Land Use Plan (CLUP) to
44 allow three-story public buildings in the B2 Airport Compatibility Zone north of the Ukiah
45 Airport.
46 . City staff is now proposing to amend the City's Airport Master Plan to be consistent with the
47 Mendocino County CLUP.
48 . The purpose of the new language is to assist with the facilitation of a new three-story
49 Courthouse in the Downtown area and a potential new three-story County Justice Building.
50 • CalTrans Aeronautics reviewed and did not object to the development of a three-story
51 Courthouse in the B2 Infill area north of the Airport. Accordingly, the Mendocino County
52 Airport Land Use Commission reviewed Caltrans analysis in support of a three-story
53 Courthouse in the B2 Infill area and considered technical information, received public
54 comments before approving the proposed amendment to the Mendocino County Airports
55 Comprehensive Land Use Plan to allow public buildings to exceed two-stories. The issues
MINUTES of the Ukiah Airport Commission March 1, 2011
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considered by Caltrans Aeronautics and the Mendocino County Airport Land Use
Commission pertain to height, noise and safety and these issues are specifically addressed
on pages 4-10 of the staff report.
The State Administrative Office of the Courts has been advised of the aforementioned
decision.
The language adopted by the Mendocino County Airport Land Use Commission and
proposed for the City's Airport Master Plan is provided for in the staff report for this agenda
item.
Staff is asking the Airport Commission to review the proposed amendment to the City's
Airport Master Plan, provide input and make a recommendation to the City Council.
Chair Crane inquired about the density issue in conjunction with the three story request.
Planning Director Stump stated the `density alteration request' was abandoned in the discussions.
Chair Crane:
• Serves as a Commissioner on the Mendocino County Airport Land Use Commission.
• Was one of the dissenting votes to allow three-story public buildings in the B2 Airport
Compatibility Zone and corresponding request to amend the Mendocino County Airports
Comprehensive Land Use Plan.
• Such an alteration to the Mendocino County CLUP would affect land use around the
Courthouse facility.
• Such an alteration allows for'piece-meal' development.
• Does not support piece-meal kinds of development. While planning principles can be
somewhat broad-based/flexible, they should extend beyond a single project.
• Recalled that Caltrans initially had some concerns about the development of a three-story
Courthouse in the B2 Infill zone particularly as it relates to the density issue and subsequent
modification to the B2 zone, but ultimately had no objection.
Planning Director Stump:
• Addressed the concern of 'piece-meal' development and stated the Courthouse project is a
State project and exempt from any kind of official local review.
Chair Crane:
• The issue of height was essentially not the problem. The Mendocino County CLUP does not
have a height restriction other than the bottom of the approaches. Provided there is no
encroachment into this area the FAA does not care. The City of Ukiah zoning requirements
does have a height limitation to restrict height on buildings.
Planning Director Stump:
• While the City has a maximum 50-foot height limitation, this restriction does not apply to the
State.
• City Council has been cognizant of City staff discussions with Caltrans and the Mendocino
County Airport Land Use Commission regarding the B2 Infill compatibility zone and possible
modification to the language.
M/S Sloan/Steinmann to recommend City Council amend the Ukiah Regional Airport Master Plan to
maintain consistency with the Mendocino County Airports Comprehensive Land Use Plan. Motion
carried with the following roll call vote:
AYES: Commissioners Sloan and Steinmann
NOES: Chair Crane
ABSENT: Commissioner Albright
5C. Airport Land Use Plan
MINUTES of the Ukiah Airport Commission
Page 4
March 1, 2011
C_: i tJ cif 7I f«a.fi
ITEM NO.: 12a
MEETING DATE:
AGENDA SUMMARY REPORT
April 6, 2011
SUBJECT: DISCUSSION OF RELINQUISHMENT OF THE ADMINISTRATION OF THE TRANSIENT
OCCUPANCY TAX (TOT) PROGRAM BY THE UKIAH CHAMBER OF COMMERCE
AND RECOMMENDATION FOR CONTINUED SERVICE THROUGH THE CITY OF
UKIAH IN COLLABORATION WITH THE TOT COMMITTEE.
Background: In 2006, Ukiah voters passed Measure X, which raised the Transient Occupancy Tax (TOT)
from 8% to 10%, with a portion of the proceeds from the tax going toward the "promotion of the City of Ukiah
and its tourist industry." The City Council by resolution specified that for the first two years, 75% of the
additional revenue would be spent on Ukiah area promotion, and 50% thereafter. Also at that time, the
Ukiah Chamber of Commerce was designated as the administrative agency, to be advised by a task force
consisting of members from various tourism-related segments of the community.
The TOT Committee identified numerous resources in the Ukiah area including outdoor recreation, arts and
entertainment, wine industry activities, and opportunities in green/sustainable living. They also created the
"Uniquely Ukiah" logo, as well as an accompanying brochure that has been widely distributed. Other
significant projects included "Hear Hear," a series of filmed stories of the Ukiah area, a targeted television
marketing program through Comcast, and a community grant program that helped support other
organizations promoting the area.
Over the last three years, the operating budget for the TOT Program has decreased as the result of the
revenue reduction specified by resolution and the administration costs have proportionately consumed more
of the available funds. Additionally, internal changes at the Chamber of Commerce (including considerable
turnover at the staff and board of director levels) have presented challenges to the progress of the program.
Discussion: On March 8, 2011, City Staff received a letter from Maureen Mulheren Wattenburger,
Chamber Chairperson, and Amanda Hair, Chamber Program Director, explaining that the Chamber has
decided to not pursue TOT funding in 2011. (See Attachment #1 for the full content of that letter.)
Continued on Page 2
Recommended Action(s):
1. Authorize City Staff to administer the TOT Program with direction from the TOT Committee.
2. Direct Staff to return with a TOT Work Plan and Budget for the 2011 Calendar Year
Alternative Council Option(s): Discuss administration of TOT Program and provide direction to staff.
Citizens advised: TOT Committee
Requested by: Greater Ukiah Chamber of Commerce
Prepared by: Sage Sangiacomo, Assistant City Manager and Shannon Riley, Project and
Program Analyst
Coordinated with: Jane Chambers, City Manager
Attachments: 1. March 8, 2011 Letter from Ukiah Chamber of Commerce
2. Final Report from the Chamber for the 2010 TOT Contract Year
Approved: (~/,v~---
Jane hambers, City Manager
The TOT Program operates on a calendar year, and thus is already a full three months into the 2011 year.
There is no work plan for 2011.
Since receipt of the March 8 letter, City Staff has met with the active TOT Committee members and has
been working cooperatively with the Chamber to determine the best course of action for the TOT program.
It is the opinion of Staff that, with the support and direction of that advisory committee, the City of Ukiah can
develop an efficient strategy for providing direct services while reducing the overhead and administration
costs for the program. It is critical that key marketing opportunities are not missed during this period of
transition and that a strategic work plan is created as soon as possible.
As part of their current job descriptions, several City staff members are responsible for work including and
related to the promotion of the Ukiah area. By incorporating the immediate needs of the TOT Program into
their work, City staff could effectively address the current gap in administration while leveraging our
partnerships in the community to create a consistent and comprehensive promotional campaign.
The letter from the Chamber (Attachment #1) further explains that the organization will be shifting their focus
to member services and will not pursue funding from the Ukiah Redevelopment Agency in 2011-2012.
Because the Chamber has traditionally staffed the downtown visitor center and prepared and distributed
visitor/relocation packets as part of their contract with the RDA, City staff is also working to address the gap
in services that is anticipated after June 30, 2011. The Chamber has also submitted the final report for the
2010 TOT contract, which is included as Attachment #2 for review.
Staff is recommending that the Council authorize City staff to develop a strategic work plan for the TOT
funds in collaboration with the TOT Committee and return for final consideration and approval from Council.
The goal is to present options that will increase the efficiency and effectiveness of the promotion program
and will direct more of the funds to product and less to administration.
Fiscal Impact:
FX7 Budgeted FY 10/11 1-1 New Appropriation Not Applicable
Budget Amendment Required
I
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
$71,599 TOT Promotion 100.1945.250.001 $0
ATTACHMENT
Board or Directors
Chairperson
Maureen Mulheren Wattenburger
JLB Insurance Services
Previous Chairperson
Bret Cooperrider
Ukiah Brewing Company& Restaurant
Chief Financial Officer
Rod Grainger
Ukiah Valley Medical Center
Isr Vine Chair
Teri Ullrlch
Mendo Lake Credit Union
2^a Vice Chair
Jitu Ishwor
Trovelodge
Glenna Blake
Mendocino Transit Authority
John Lattimore
State Farm Insurance
Katie Klght
Savings Bank of Mendocino County
Heather Twomey
Parduccl Wine Cellars
Todd Schopmire
ReMox / Full Spectrum
5taff
Amanda Hair
Program Director
Donlelle Fransen
Visitors Bureau Representative
Greater Ukiah Chamber of Commerce
200 South School Street
Ukiah, CA 95482
(707) 462-4705 fax (707) 462=2088
March 8, 2011
Ukiah Redevelopment Agency
Attn: Sage Sangiacomo
300 Seminary Avenue
Ukiah, California 95482
Dear Agency Board Members,
The Greater Ukiah Chamber of Commerce Board of Directors would sincerely like to thank you
for being supportive of our organization through the years. As you know, a strong Chamber of
Commerce is the backbone of any cities' business community.
In the past 18 months the Chamber has faced significant turn over. While it has been difficult,
our organization as a whole has been presented with interesting and exciting possibilities.
In the beginning of January 2011, our Board took time to create goals for the year and to
reevaluate what it is the Chamber is here for, who we serve and what our purpose is at large. It
was decided that the Chamber's focus mould get `back to the basics', if you will, solely focusing
on Member Services. In making this decision, the current state of California's RDA funding, or
lack of, was also taken into account. At this time, the Chamber has decided to not pursue RDA
or TOT (Measure X) funding in 2011.
The Chamber greatly appreciates the support you have shown throughout the years, especially
recently advocating to keep the pay-as-you-go programs running. We feel it is important to
continue a strong working relationship with the City of Ukiah and wish to remain involved in
projects such as the TOT Board, Ukiah Main Street Program, Visit Mendocino, Facade
Improvement Program, ReBILD program and other programs focused on economic
development in Ukiah. Our relationship with the City is evolving while the Chamber focuses on
efficiency and priorities within our own organization.
I am excited about this new adventure. I hope that you are all feeling the same way.
If you have any concerns, questions or comment, please feel free to contact Amanda or me
directly. Again, thank you for your continued support and we look forward to a continued
successful relationship.
Sincerely, IN
Maureen Mulheren Wattenburger, Chairperson
707.671.6944
themoyouknow@gmail.com
Amanda Hair, Program Director
Greater Ukiah Chamber of Commerce
707.462.4705
hair.amanda@gmail.com
~r r/-%VI 71VICIV 1
i
Greater Ukiah Chamber of Commerce
200 South School Street
Ukiah, CA 95482
(707) 462-4705 fax (707) 462-2088
Board of Directors
Chairperson
Maureen Wattenburger
JIB Insurance Services
I» Vice Chair
Jitu Ishwar
Trovelodge
2^d Vice Chair
Rod Grainger
Ukiah Valley Medical Center
Chief Financial Officer
Teri Ullrich
MendoLake Credit Union
Past Chair
Bret Cooperrider
Ukiah Brewing Company & Restaurant
Glenna Blake
Mendocino Transit Authority
John Lattimore
State Farm Insurance
Heather Twomey
Porducci Wine Cellars
Katie Might
Savings Bank of Mendocino County
Todd Schapmire
Re/Max Full Spectrum
5taff
Amanda Hair
Program Director
Greater Ukiah Chamber of Commerce
Transit Occupancy Tag (TOT)
Measure X 2010 Year-End-Report
Background
The mission of the Measure X initiative is to provide a quality promotional program on behalf of
the Greater Ukiah area, the City of Ukiah and its tourism industry.
Measure X was placed on the November 2006 ballot seeking voter approval to increase the
transit occupancylbed tax from 8% to 10% within the city limits of Ukiah.
In accordance with the resolution passed by the City of Ukiah, money dedicated to the TOT fund
is to be spent on the promotion of the Greater Ukiah area. It is the belief of the City of Ukiah and
the Greater Ukiah Chamber of Commerce that the plan should include input from promotion-
related organizations within Ukiah and Mendocino County.
TOT Committee Members Include:
Tom Liden, Ukiah Main Street Program
Sherrie Smith-Ferri, Grace Hudson Museum
Don Ballek, EDFC Director
Bret Cooperrider, Ukiah Brewing Company
Anil Bhula, Fairfield Inn
Kate Magruder, Community Artist
Laura Hamburg, Community Artist
Jason Killilea, Ukiah Valley Community Access Television
Rick Hansen, Ukiah Main Street Program
Kerry Randall, City of Ukiah
How the Committee Works
Danielle Fransen The volunteer Committee typically meets once each month. However, with the turnover of
Visitors Bureau Representative
Chamber staffing, administration of regular meeting somewhat fell off schedule. The committee
took a few months off, and the TOT request for funding was presented to Council in July of
2010. Once funding was approved, the committee came together to review the budget and
administer 2010 TOT programs. Press releases immediately went out advertising TOT grant
applications being accepted at the Chamber of Commerce. After the application deadline in
December, 2010, the committee met to review grant applications and approve funding.
What We Did in 2010
Overview of TOT Goal: The committee's goal was to continue to produce the "Uniquely Ukiah"
multi-tiered, multi-media promotional program that highlights our most potent assets by
"branding" the area - creating a marketing campaign and then promoting it. Our goal was to
work with our tourism industry partners to develop core marketing strategies and message(s)
that produce a comprehensive tourism program that then continues to build each year.
At the same time, we wanted to maintain our visibility in proven, existing advertising markets -
i.e. `101 Things To Do In Mendocino magazine, and our presence in county and statewide visitor
guides, as well as improve visitor signage, maps, directories and guides.
"Uniquely Ukiah" Story Kiosks
Spearheaded by Bret and Sid Cooperrider, one mock story kiosk was developed as a
demonstration for the committee. The kiosk will be stationed at the Greater Ukiah Chamber of
Commerce's front counter for folks to view local films using a touch-screen monitor. In addition,
the kiosk provides visitors and members of the community with local information on events,
dining, lodging, services, maps, arts and entertainment information, etc. In addition, the possibility
exists to sell advertising displayed on this kiosk and develop additional kiosks to be placed in
Ukiah hotel lobbies, museums and Visit Mendocino. ,
For immediate use, a kiosk demonstration model will be loaned to the Chamber Visitor Center.
Uniquely Ukiah Comcast Television Commercial/Video On
Demand/Online Program
TOT continued this proven, successful joint promotional project with Comcast-albeit with less
money. But as described above, TOT leveraged the $15,000 budget to $30,000 though the
Northern California Tourism Grant program.
Ukiah Chamber of Commerce Campaign Summary
"Uniquely Ukiah" Story Project
The Committees' goal was to create one new Ukiah story film, which would have been
showcased on the "Uniquely Ukiah" website, collaborative partners' websites, YouTube
and spotlighted on the new "Uniquely Ukiah" Story Kiosks (see below). Given the
timeframe the committee had (July 2010 -December 2010) this project was
unfortunately not completed and the budget remains untouched.
On-Air advertisement :
Zones: San Francisco, Marin, Mid & North Peninsula
Networks: TRAVEL, FOOD, CNN
Time Line: 05/01/10 - 09/30/10
On-Air advertisement www.comeast.com
Banner Sizes:
•300x250
•728x90
•160x600
Time Line: 05101110 - 09/30/10
Display Banner Campaign Recap: Year to Date 2010
• Total Impressions to date: 1,158,328
• Click Through Rates:
• Overall-.10%
• 300x250 - .14%
• 728x90 -.03%
• 160x600 -.07%
• Placements:
• 300x250
• 728x90
• 160x600
Video On Demand:
Time Line: 05101110 - 08/31/10
Campaign Recap:
• Titles Included:
• Ukiah Brewing Company
• Cheesecake Momma
• Bead Fever
• Hoyman Browe
• Grace Hudson Museum
• Real Goods
• McFadden Farm
• Mendocino Wine Company
Total Views: 3,892
Total Set Top Boxes: 4,030
Strategy:
• To promote various aspects of tourism in Ukiah, showing the uniquely
Ukiah experience.
Community Grant Program
The budget for the Attraction Development Program was scaled back to $8,000 for 2010.
Grant(s) focused on event funding-either to bolster an existing event or to launch a new
event. The Grant application deadlines and the awarding were pushed into late in the
year 2010.
Home for the Holidays
Contact: Ukiah Main Street Program, Rick Hansen
Address: 200 South School Street
City: Ukiah State: CA Zip Code: 95482
The Ukiah Main Street Program mailed 20, 680 direct mail postcards throughout Lake &
Mendocino Counties. The aforementioned postcard, titled "Home for the Holidays", features a list
of Holiday events taking place between November and Christmas.
Requested Amount: $2,688.40
Amount Awarded: $1,500
Ukiah Depot Grand Opening
Contact: Visit Mendocino, Alyssum Wier
Address: 309 East Perkins Street
City: Ukiah State: CA Zip Code: 95482
Arts Council of Mendocino County proposes to hold a Grand Opening at the Ukiah Depot in the
Spring of 2011. This event will be hosted and marketed collaboratively with Visit Mendocino
County and is intended to establish the Ukiah Depot as a hub for Arts & Culture and general
tourism information in the county. The funding would be used to hire live musical entertainment,
set up a sound system, etc., and present work of local artists.
Requested Amount: $1,000 - $1,500
Amount Awarded: $1,500
Art Center Ukiah
Contact: The Art Center, Jill Schmuckley
Address: P.O. 1575
City: Ukiah State: CA Zip Code: 95482
To increase participation in their programs and recognition of their organization as well as to
promote downtown Ukiah as a destination. This requires more developed promotion of First
Friday, musical or literary events, classes and special exhibits. They will be working on a
collaborative website through the Arts Council of Mendocino County to present comprehensive
view of cultural offerings for visitors to our area.
Requested Amount: $1,500
Amount Awarded: $1,500
"Uniquely Ukiah" Website
The Committee continued to update the website and create a more visible online home for
the TOT promotional campaign by creating links to brochures, maps, guides, the Comcast
television commercials, etc...The focus was on cross-populating the "Uniquely Ukiah"
website with our promotional partners' existing websites. In addition, the Committee
explored ways to bolster the website with updated and fresh content--e.g. blogs,
interactive aspects, more local information, entertainment, arts, historic, information and
more.
Front-line Hospitality Training
With the turnover in Chamber Staff, the Hospitality Seminar was postponed. The
Chamber will be doing its own Hospitality seminar as part of its 12 at 12 series .
Ukiah Babe Ruth Baseball Tournament
The City of Ukiah and the TOT once again partnered to bring the Babe Ruth Tournament
to Ukiah for the second year in a row. Funding came right off the top for this event in the
amount of $1,500.
2010 Ongoing AdvertisingNisitor Dues
Local and statewide visitor centers charge annual dues, which buy membership and pay
for their in-house promotion of the Ukiah Valley. The TOT Committee pays annual fees
in Sacramento and San Francisco.
Additionally, the Ukiah Main Street Program submitted a proposal to broaden our
outreach and include Tahoe, Auburn, Redding and one more. This was penciled in as a
line item in the 2010 budget, increasing the costs from $1,500.00 to $AMOUNT.
Reciprocal agreements were paid to:
Mendocino Film Office - $250.00
The Committee will consider continuing advertising in the following publications and
electronic media:
RV Journal
101 Things To Do (potentially adding Marin County for a total of 5 magazines)
4:ity cf QI/~}ttfi
ITEM NO.: 12b
MEETING DATE:
AGENDA SUMMARY REPORT
April 6, 2011
SUBJECT: REPORT TO COUNCIL REGARDING OPERATIONS AND ENFORCEMENT AT THE
SKATE PARK
Background:
At the Regular March 16 City Council meeting, staff was asked to bring back a report on enforcement of
rules at the new Skate Park.
As Council is aware, discussions between the community of skateboarders, residents, and city officials for
the construction of a skate park facility in the City spanned a number of years. Due to efforts on the part of
all parties, a skate park is nearing completion and was opened for use in early 2011. During the years of
discussion, the following city and community expectations guided the choices made to move forward with a
skate park facility:
Expectations During Skatepark Development Phase
• It was anticipated that the park would be in demand and heavily used.
• The facility was feasible if it could be completed and operated at low risk and with minimal liability to
the City of Ukiah.
• The facility was to require minimal staff resources for maintenance and enforcement, and no
additional staff capacity was provided for operations of the new park.
• Patrons of the park were expected to follow posted rules and "self-police" activities as is done
throughout the community in other park facilities and for other park uses.
Discussion:
Since it has opened, here are some facts as to how the experience has gone to date:
• The park is heavily used by skaters of all ages. In addition, many spectators are enjoying the facility
Continued on Page 2
Recommended Action(s): Receive the report and provide additional direction as necessary.
Alternative Council Option(s):
Citizens advised:
Requested by: City Council
Prepared by: Jane Chambers, City Manager
Coordinated with: Chief Dewey and Capt. Taylor, Ukiah Police Department, Asst. City Manager
Sangiacomo, and Community Services Administrator Marsolan
Attachments:
Approved:
7e~Chambers, City Manager
• Very few calls for services have been received and there appears to be a high level of respect and
acceptance of skaters of all ages and skill levels
• No graffiti or major vandalism. There has been only one documented case of unauthorized entry
during the entire construction period and one since opening
• Very little trash is picked up during routine maintenance inspections. Skaters are utilizing the
brooms and mops to keep the surface clean and free of debris
• Calls for service for skateboard related complaints on commercial and school properties have
diminished
• Protective gear is worn by many of the skaters using the park. Protective gear was not worn by
skaters using the streets, schools, and other public areas, in prior years.
• Although parents tend to encourage and enforce use of protective gear for the younger users of the
park, compliance with use of protective gear by older skaters has been difficult to achieve
• The adopted ordinance and posting of the rules combined with State Law provides the City with a
high level of protection from lawsuits
• Educational efforts should remain the primary means to increase protective gear and rule
compliance
• The feasibility of providing protective equipment for temporary use by those at the park is under
discussion
• Closures are a tool to reinforce the importance of rule compliance and will be used by city staff to
continue to work towards greater compliance with protective gear rules
• City Police and Park staffs are working together to enforce rules at the skate park in a manner
similar to that used for all other park facilities in the community
• It is important to have the ability to enforce the ordinances related to the Skate Park as a tool
available to both park staff and police officers.
Fiscal Impact:
Budgeted FY 10/11 F-1 New Appropriation Not Applicable Budget Amendment Required
THE UKIAH SKATEPA R K
'f V
20 VEERS IN I HE MAKING
AND NSW A REALITY
Thursday
Feb242011
HELP NEEDED! DONATE YOUR TIME
OR MATERIA.LS...
THURSDAY, FEBRUARY 24, 2011 AT 01:06PM
This Saturday, Feb 26th, there will be a Volunteer Day to help get the bathrooms
finished and get some landscaping in the surrounding area as well.
Here is a list of what Materials are needed as well as the labor needed to finish this
project.
Materials List for Bathrooms:
Lid-20 sheets 5/8 012
Wails-12 sheets 518 012 moisture resistant
(1) 5 lb box 1 114 'course drywall screws
(1) box all-purpose joint compound
(2) boxes topping compound
(1) roll red rosin floor paper
(2) rolls of 1 'A masking tape
Labor needed for bathrooms:
Install roll up door
install metal entry doors (4), locks and closure
Install City made park benches along walkway (8)
Landscaoina Materials:
2 yards amended compost/soil
5 sacks of 40lbs Gypsum
150 packets of 10-gram slow release fertilizer
(34) 8'x2° tree stakes
A roll of chain lock tree ties
15 yards of Arbor mulch
15 gallon Trees:
1 of 7 4/2/115:21 PM
city q/- 'ZIkinli
ITEM NO.: 13a
MEETING DATE:
UKIAH CITY COUNCIL
AGENDA SUMMARY REPORT
April 6, 2011
SUBJECT: DISCUSSION AND POSSIBLE INTRODUCTION OF PUBLIC NUISANCE ABATEMENT
ORDINANCE
SUMMARY: City staff recommends the introduction of the ordinance attached as Attachment 1 which
authorizes a "Code Compliance Manager"' to abate various conditions on private or public property that
create a public nuisance. The ordinance adds Sections 3450-3468 to the Ukiah City Code and will provide
the City with an additional tool to remedy conditions on residential property that are not currently addressed
in the City Code and with additional administrative procedures to remedy public nuisances throughout the
City.
DETAILED DISCUSSION: The ordinance covers a variety of conditions on private and public property
visible or affecting neighboring property and public property, including weeds, overgrown, dead, decayed or
hazardous vegetation, junk, parking vehicles on unpaved surfaces, attractive nuisances (conditions which
are unsafe and unprotected that could attract and endanger small children, such as broken equipment,
improperly maintained swimming pools, ponds culverts or excavations), peeling paint, conditions which
produce foul or noxious odor offensive to persons of ordinary sensitivity and affecting an entire
neighborhood or a substantial number of persons, or any other condition which is contrary to the public
peace, health and safety.
Some of these conditions are already addressed in the City Code, such as accumulations of garbage (Art.
2, Ch 5, Div 4 of the City Code), abandoned, wrecked or inoperable vehicles (Ch 9, Div 8 of the Code),
prohibited parking of vehicles (City Code §7154), buildings which are maintained in violation of the Building,
Fire and Abatement of Dangerous Building Codes, and the City's Commercial Property Maintenance
Ordinance (City Code §§3400 et seq.).
"Code Compliance Manager" means the person or persons designated by the City Council or the City Manager to
enforce the provisions of the ordinance. (§3451.) This could be current City employee such as a planner or the Building
Official.
Recommended Action(s): Introduce ordinance by title only.
Alternative Council Option(s): Modify and introduce ordinance; instruct staff to bring back changes.
Decline to introduce ordinance
Citizens advised: N/A
Requested by: N/A
Prepared by: David J. Rapport, City Attorney
Coordinated with: Jane Chambers, City Manager and Trent Taylor, Police Captain
Attachments: 1. Ordinance of the City Council of the City of Ukiah Adding a New Chapter 12,
Entitled: "Abatement of Public Nuisances," To Division 3 of the Ukiah Citv Code.
Approved: ~9~
Jai Chambers, City Manager
The attached ordinance addresses many conditions on residentially zoned property not currently addressed
in the City Code and provides additional administrative remedies to abate public nuisances that are not
currently available to the City. These remedies are declared to be in addition to all other remedies available
to the City under the City Code and state law. '
The additional remedies include:
1. The authority to summarily abate a public nuisance without providing prior notice or an opportunity for a
hearing, where a public nuisance poses a serious and imminent threat to public health or safety, such that
during the time required to provide prior notice and an opportunity for a hearing, a significant risk of serious
personal injury or substantial property damage exists. If the property owner does not consent to the
summary abatement, Section 3455 requires the Code Enforcement Manager or Building Official to obtain an
inspection and abatement warrant pursuant to Code of Civil Procedure Sections 1822.50 et seq.
2. An administrative procedure to abate the nuisance which starts with an order to abate the public nuisance
from the Code Compliance Manager to the property owner or other person in possession of property and
which requires the violator to file an appeal within 10 days after service of the notice. If no appeal is filed,
the order becomes final and enforceable. If a timely appeal is filed, a Hearing Officer, appointed by the City,
conducts a hearing and makes a final decision. If he or she determines that a nuisance exists, the Hearing
Officer can issue an order requiring abatement within 10 days, or, for good cause found, a longer period.
(§3456.D.)
3. If the property owner fails to abate the nuisance within the time allowed, the City can abate or contract for
the abatement of the nuisance and recover the cost from the owner. (§3458.)
4. The Code Enforcement Manager files a report and accounting with the City Clerk accompanied by a
notice to the property owner of the cost of abatement, which the owner can protest by filing a request for a
hearing within 10 days after service of the notice. 3459.6; 3462.) A Hearing Officer hears and decides
the appeal which is a final decision for the City. If the owner fails to pay the costs within 30 days, the City
Council can adopt a resolution assessing the costs as special assessment and a lien on the property, which
the City Clerk can file with the County Auditor. The lien is collected and enforced in the same way as the
property tax. (§3464.)
5. The ordinance also allows the City to recover from the property owner its attorneys' fees incurred in
administrative or judicial proceedings to abate a public nuisance. (§3460.)
6. Finally, if the City is required to file a court action to abate a public nuisance more than once in a two year
period, the ordinance allows the court to require the property owner to pay three times the cost to abate the
nuisance. (§3461.)
The Code Compliance Manager can be designated by the City Council or City Manager. He or she could be
the Building Official, the Planning and Community Development Director, or another City employee.
The City staff have encountered situations where conditions on private property have created significant
public nuisance impacts which the attached ordinance would assist them to abating more quickly and at less
cost than is currently possible. For this reason, they recommend introduction of the ordinance.
Fiscal Impact:
F-1 Budgeted FY 10/11 1-1 New Appropriation ❑X Not Applicable Budget Amendment Required
ATTACHMENT
ORDINANCE NO. 2011-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADDING A NEW CHAPTER 12, ENTITLED:
"ABATEMENT OF PUBLIC NUISANCES," TO DIVISION 3
OF THE UKIAH CITY CODE.
SECTION ONE.
The City Council of the City of Ukiah hereby ordains that a new Chapter
12, entitled "Abatement of Public Nuisances" is hereby added to Division 3 of the
Ukiah City Code to read as follows.
DIVISION 3 BUILDING
CHAPTER 12 ABATEMENT OF PUBLIC NUISANCES
Sections:
3450 Purpose.
3451 Definitions.
3452 Declaration of nuisances.
3453 Summary Abatement.
3454 Method of giving notice.
3455 Determination of nuisance.
3456 Appeal.
3457 Time limit for compliance.
3458 Abatement by City.
3459 Report of abatement costs.
3460 Recovery of attorneys' fees and report of attorneys' fees.
3461 Treble damages.
3462 Protest of abatement costs.
3463 Council action.
3464 Imposition of special assessment lien and notice.
3465 Recording of nuisance abatement lien.
3466 Collection of costs and attorney's fees prior to hearing.
3467 Alternative remedies.
3450: PURPOSE.
It is hereby declared to be in the public interest to promote the health, safety and welfare
of the residents of the City of Ukiah by providing procedures for the abatement of
nuisances as declared by the City Council of the City of Ukiah, which abatement
procedures shall be in addition to all other proceedings authorized by this Code or
otherwise by law.
3451: DEFINITIONS.
For the purpose of this Chapter the following words and phrases shall have the
meanings:
"Abandoned vehicle" means an unlicensed or physically inoperable vehicle.
"Abatement" means the demolition, removal, repair, maintenance, construction,
reconstruction, replacement, or reconditioning of structures, appliances or equipment; or
the removal, transportation, disposal and treatment of waste and abandoned materials
and equipment capable of harboring, breeding, or attracting rodents or insects or
producing odors or blight.
"Agricultural groves" means any grove of ten or more trees on a parcel or lot.
"Attractive nuisance" means any condition, instrumentality, or machine which is unsafe
and unprotected and thereby dangerous to young children by reason of their inability to
appreciate the peril which exists, and which may reasonably be expected to attract
young children to the premises and risk injury by playing with, in, or on it. Attractive
nuisances may include, but shall not be limited to:
1. Abandoned and/or broken equipment;
2. Swimming pools being used as fish ponds or other uses contrary to permitted
swimming or other pool uses, subject to state or local regulations requiring, without
imitation, that drains be visible from the water's surface and that the water be filtered;
3. Hazardous and/or unmaintained pools, ponds, culverts, excavations; and
4. Neglected machinery.
"Building" means any structure including, but not limited to, any house, garage, duplex,
apartment, condominium, stock cooperative, mobile home, or other residential structure
or any portion thereof, which is designed, built, rented or leased to be occupied or
otherwise is intended for supporting or sheltering any use or occupancy, and any
commercial, industrial, or other establishment, warehouse, kiosk, or other structures
affixed to or upon real property, used for the purpose of conducting a business, storage
or other activity.
"Construction material" means any discarded material from the building or destruction of
structures, road and bridges including concrete, rocks, asphalt, plasterboard, wood and
other related material.
"Code Compliance Manager" shall mean the person or persons designated by the City
Council or the City Manager to enforce the provisions of this Chapter.
"Excavation" means any wells, shafts, basements, cesspools, septic tanks, fish ponds,
and other like or similar conditions more than six inches in diameter and three feet in
depth.
"Foul" means very offensive to the senses.
"Garbage" means any putrescible animal, fish, fowl, food, fruit, or vegetable matter
resulting from the cultivation, preparation, storage, handling, decay or consumption of
the substance.
2
"Hazardous materials and waste" means any chemical, compound, mixture, substance
or article which is identified or listed by the United States Environmental Protection
Agency or appropriate agency of the State of California as a "hazardous waste" as
defined in 40 C.F.R. 261.1 through 261.33, except that for purposes of this Chapter,
hazardous waste also shall include household waste as defined in 40 C.F.R. §
261.4(6)(1).
"Hearing Officer" means the individual appointed by the City Manager of the City of
Ukiah to hear the appeal on a determination of the existence of a nuisance.
"Noxious" means hurtful or unwholesome.
"Odor" means any smell, scent, or fragrance.
"Owner" means any person, agent, firm or corporation having legal or equitable interest
in the property, as disclosed by a current title search from any accredited title company,
and shall include any person in possession of the property.
"Premises" means any lot or parcel of land upon which a building is situated, including
any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways
and parking areas.
"Property" means any lot or parcel of land, including any alley, sidewalk, parkway or
unimproved public easement.
"Refuse" means any putrescible and non-putrescible solid waste, except sewerage,
whether combustible or noncombustible and includes garbage and rubbish.
"Stagnant water" means water which is allowed to become stagnant contained in
ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy
vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes,
bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels,
receptacles of any kind or other containers or devices which may hold water.
"Unmerchantable" means unsalable.
"Vehicle" means any device by which any person or property may be propelled, moved,
or drawn upon a highway, or upon water, excepting a device moved exclusively by
human power, or used exclusively upon stationary rails or tracks.
"Violator" means any responsible party, including the landowner, or lessee, tenant, or
any other person who had possession or custody of the property.
"Waste matter" means any rubbish or construction material.
"Weeds" means useless and troublesome plants generally accepted as having no value
and frequently of uncontrolled growth.
3452: DECLARATION OF NUISANCES.
It is unlawful and is hereby declared a nuisance for any person owning, leasing,
occupying or having charge or possession of any Property and any vehicles thereon, in
the City to maintain the Property in such a manner that any of the following conditions
are present:
A. The existence of any garbage, rubbish, refuse or waste matter upon the
premises contrary to the provisions of Article 2, Chapter 5, Division 4 of the Ukiah City
Code.
B. The existence of weeds upon the premises, including public sidewalks, streets
or alleys between said premises and the centerline of any public street or alley.
C. The existence of overgrown, dead, decayed, diseased or hazardous trees,
and other vegetation, including, but not limited, to dead agricultural groves which are: (1)
likely to attract rodents, vermin or other nuisances, or (2) constitute a fire hazard, or (3)
is dangerous to the public safety and welfare.
D. Overgrown vegetation including trees, shrubbery, ground cover, lawns and
decorative plantings which substantially detract from the aesthetic and property values of
neighboring properties.
E. Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet,
cabinet, or other household fixture or equipment visible from a public right-of-way.
F. The existence of any abandoned, wrecked, dismantled or inoperative motor
vehicle upon the premises contrary to the provisions of Chapter 9, Division 8 of the
Ukiah City Code.
G. The storage or parking of certain vehicles as follows:
1. The storage or parking of trucks exceeding the manufacturer's gross
vehicle weight rating of 11,000 pounds on all areas of all residential zones, and the
storage or parking of other vehicles on the landscaped front and street side yard setback
area of all residential zones, including, but not limited to, the front lawn areas, contrary to
the provisions of Ukiah City Code § 7154.
2. The storage or parking of vehicles on any unpaved parcel of property
where such vehicle (a) is likely to disrupt traffic flow in the City; (b) stir up dust from
driving on the unimproved surface; (c) negatively impact the aesthetics of the City; (d)
allow oils and other unwanted substances to drip onto the untreated dirt surface; and/or
(e) cause traffic obstructions by impeding the line of vision of drivers at intersections.
H. The outdoor storage of personal property on private property as follows:
1. Any furniture (except for furniture specifically designed for outdoor
use), on porches, balconies, sun decks, front, side and/or rear yards, any other personal
property not designed for outdoor use and in good working order;
2. The existence of any hay, straw, lumber, papers, or other substances,
junk, packing boxes, recyclable materials, salvage materials, building/construction
materials, equipment; unless necessarily kept or stored under validly permitted, current
4
construction; appliances, commercial/industrial machinery and/or equipment (whether
operable or inoperable); and
3. Any item causing an unsightly appearance which is visible from the
public right-of-way or sites of neighboring properties or which provides a harborage for
rats and/or other vermin, or creates any other potential health hazard or nuisance.
1. The outdoor storage of personal property on public property as follows:
1. The use of public property to store, maintain, place or abandon any
personal property, on any public street, any public sidewalk, any parking lot or public
area, improved or unimproved, any public park, parkway, median or greenbelt, except as
otherwise provided.
2. Any personal property stored, maintained, placed or abandoned in
violation of this section may be removed and discarded at the discretion of the Public
Works Director or his designee.
J. Any dangerous or substandard building, whether or not occupied, abandoned,
boarded-up or partially destroyed contrary to the provisions of the California Fire Code,
California Building Code, California Housing Code, and/or California Code for Abatement
of Dangerous Buildings.
K. Peeling or blistering paint on any building or structure such that the condition
is plainly visible from a public right-of-way.
L. The existence of loud or uneusual noises, or foul or noxious odors which
offend the peace and quiet of persons of ordinary sensibilities and which interferes with
the comfortable enjoyment of life or property and affect the entire neighborhood or any
considerable number of persons.
M. The existence of hazardous substances and waste unlawfully released,
discharged, or deposited upon any premises onto any City property.
N. The existence of any stagnant water or water contained in hazardous and/or
unmaintained swimming or other pools which obscure required visibility and proper
filtering.
0. Any attractive nuisance.
P. Any other condition which is contrary to the public peace, health and safety.
3453: SUMMARY ABATEMENT.
In cases where a public nuisance poses a serious and imminent threat to public health
or safety, such that during the time required to provide prior notice and an opportunity for
a hearing, a significant risk of serious personal injury or substantial property damage
exists, the Building Official or the Code Enforcement Manager, or their designees, shall
have the authority to immediately call a contractor to abate such public nuisance. Any
such abatement activity may be conducted without observance of any notice
requirements described in this Chapter; provided, however, that in the absence of
consent from the owner, the City shall obtain an inspection and/or abatement warrant'
prior to entering upon the property and abating the nuisance. The City may recover all
abatement costs as set forth in this Chapter.
3454: METHOD OF GIVING NOTICE.
A. Any notice required by this Chapter may be served in any one of the following
methods:
(1) by personal service on the owner, occupant, or person in charge or
control of the property; or
(2) by posting in a conspicuous place on the premises or abutting public
right-of-way and mailing a copy to the address shown on the last available assessment
roll, or as otherwise known; or
(3) by mailing the notice by first class U.S. Mail to the address shown on
the last available assessment roll, or as otherwise known; or
(4) publication of a legal advertisement at least once a week for the
period of two weeks in a newspaper of general circulation in the City of Ukiah.
B. Notice deemed served as follows:
(1) if served pursuant to A(1), upon receipt;
(2) if served pursuant to A(2), upon deposit of the mailed notice in the
U.S. Mail with proper first class postage affixed;
weekly notice.
(3) if served pursuant to A(3), 48 hours after deposit in the U.S. Mail; or
(4) If served pursuant to A(4), 24 hours after publication of the second
3455: DETERMINATION OF NUISANCE.
A. The Code Enforcement Manager may determine that any premises within the
City may constitute a public nuisance pursuant to any provisions of Section 3452 and
may initiate abatement proceedings pursuant to this Chapter. The Code Enforcement
Manager or the authorized representative thereof shall set forth such determination in a
notice to abate which shall identify the premises and state the conditions which may
constitute the nuisance and shall require that such conditions be corrected within such
time periods set forth in the notice to abate.
B. The notice to abate to the owner or person in control or charge of the property
shall include (1) the condition or conditions on the premises creating the nuisance; (2) a
description of the actions required to abate the nuisance; (2) a reasonable time limit to
abate the nuisance; and (4) notice of the right to appeal, if filed within ten (10) calendar
' See, e.g., Cal. Code Civ. Proc. §1822.50 et seq.
6
days of the date the notice is served. The notice shall direct the abatement of the
nuisance and refer to this Chapter for particulars.
C. Failure of the owner to accept or otherwise receive such notice shall not affect
the validity of any proceeding pursuant to this Chapter.
3456: APPEAL.
A. Within ten days from the date of giving notice to abate, the violator may file an
appeal to the determination of the nuisance with the Code Enforcement Manager. Such
appeal shall be in writing and shall identify the property subject to the Notice to Abate.
The Code Enforcement Manager shall then cause the matter to be set for hearing before
a Hearing Officer appointed by the City to hear such matters. The Hearing Officer shall
be qualified by training, education and/or experience to conduct the hearing and shall be
impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no
personal or business relationship to the property owner or the City.
B. Notice of the date of hearing shall be given in writing. The date of the hearing
shall be no sooner than fifteen days from the date when notice of the hearing is given to
the appellant and to the Code Enforcement Manager.
C. At the time fixed in the notice, the Hearing Officer shall receive evidence,
including the testimony of all competent persons desiring to testify respecting the
condition constituting the nuisance.
D. At the conclusion of the hearing, the Hearing Officer shall determine whether
or not a nuisance exists, and if the Hearing Officer so concludes, he or she may declare
the conditions existing to be a nuisance and direct the person owning the property upon
which the nuisance exists to abate it within ten days after the date of posting on the
premises a notice of the Hearing Officer's order. The Hearing Officer may grant
additional time to abate the nuisance, if in his or her opinion, good cause for additional
time exists.
E. The decision of the Hearing Officer on the determination of nuisance is final.
Any appeal of the Hearing Officer's decision shall be governed by California Code of
Civil Procedure Section 1094.6 as such section may be amended from time to time.
3457: TIME LIMIT FOR COMPLIANCE.
The violator must abate the nuisance within the period of time set forth in the Notice to
Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or
such longer period as may be determined by the Hearing Officer. Unless an emergency
situation exists, the violator shall be given at least ten days to abate the nuisance.
3458: ABATEMENT BY CITY.
A. If the nuisance is not abated by the violator within the time limits set forth
above in Section 3457, the City, by its employees or any hired contractor, may cause the
nuisance to be abated.
3459: REPORT OF ABATEMENT COSTS.
7
A. The Code Enforcement Manager shall thereafter cause a report of the action
and an accurate account of the costs to be filed with the City Clerk of the City of Ukiah.
B. The statement shall be accompanied by a notice to the owner that the cost of
abatement may be protested as set forth in Section 3462. If the cost is not protested
within ten calendar days after service, it shall be deemed final.
3460: RECOVERY OF ATTORNEYS' FEES AND REPORT OF ATTORNEYS' FEES.
In any action, administrative proceeding, or special proceeding to abate a nuisance, the
prevailing party shall be entitled to recovery of attorneys' fees. The recovery of attorneys'
fees by the prevailing party shall be limited to those individual actions or proceedings in
which the City elects, at the initiation of that individual action or proceeding, to seek
recovery of its own attorneys' fees. In no action, administrative proceeding, or special
proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of
reasonable attorneys' fees incurred by the City in the action or proceeding. The City
Attorney's Office shall thereafter cause a report of the action and an accurate account of
costs to be filed with the City Clerk of the City of Ukiah.
3461: TREBLE DAMAGES.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period
finding that an owner of property is responsible for a condition that may be abated in
accordance with this Chapter, except for conditions abated pursuant to Section 17980 of
the Health and Safety Code, related to substandard buildings, the court may order the
owner to pay treble the costs of the abatement.
3462: PROTEST OF ABATEMENT COSTS.
A. The property owner may protest the cost of abatement by filing a written
request for a hearing on the abatement costs with the Code Enforcement Manager, and
the Code Enforcement Manager shall cause a Hearing Officer to be appointed to hear
the protest. At the time fixed for the hearing on the statement of abatement costs, the
Hearing Officer shall consider the statement and protests or objections raised by the
person liable to be assessed for the cost of the abatement.
B. The Hearing Officer may revise, correct or modify the statement as the
Hearing Officer considers just and thereafter shall confirm the cost.
C. The decision of the Hearing Officer shall be in writing and shall be served by
mail. The decision of the Hearing Officer on the abatement costs shall be final.
D. Any appeal of the Hearing Officer's decision shall be governed by California
Code of Civil Procedure Section 1094.6 or such section as it may be amended from time
to time.
3463: COUNCIL ACTION.
A. If the property owner does not pay the cost of abating the nuisance within
thirty calendar days after the cost becomes final or the hearing officer confirms the costs
of abatement, the cost shall become a special assessment against the real property
upon which the nuisance was abated. The assessment shall continue until it is paid,
together with interest at the legal maximum rate computed from the date of confirmation
of the statement until payment. The assessment may be collected at the same time and
in the same manner as ad valorem property taxes are collected and shall be subject to
the same penalties and the same procedure and sale in case of delinquency as provided
for property taxes.
B. The City Council shall adopt a resolution assessing such unpaid costs of
abatement as liens upon the respective parcels of land as they are shown upon the last
available assessment roll.
3464: IMPOSITION OF SPECIAL ASSESSMENT LIEN AND NOTICE.
A. The City Clerk shall prepare and file with the County Auditor a certified copy of
the resolution of the City Council assessing the costs of abatement as a lien on the land,
adopted pursuant to the preceding section.
B. Notice of lien shall be mailed by certified mail to the property owner, if the
property owner's identity can be determined from the County Assessor's or County
Recorder's records. The notice shall be given at the time of imposing the assessment
and shall specify that the property may be sold after three years by the Tax Collector for
unpaid delinquent assessments. The Tax Collector's power of sale shall not be affected
by the failure of the property owner to receive notice.
C. The County Auditor shall enter each assessment on the County tax roll upon
the parcel of land. The assessment shall be collected at the same time and in the same
manner as ad valorem real property taxes are collected, and shall be subject to the
same penalties and procedure and sale in case of delinquency as is provided for such
taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall
be applicable to the special assessment. However, if any real property to which the cost
of abatement relates has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for value has been created and attaches
thereon, prior to the date on which the first installment of the taxes would become
delinquent, then the cost of abatement shall not result in a lien against the real property
but instead shall be transferred to the unsecured roll for collection. The tax collector's
power of sale shall not be affected by the failure of the property owner to receive notice.
3465: RECORDING OF NUISANCE ABATEMENT LIEN.
As an additional remedy, the Code Enforcement Manager may cause a nuisance
abatement lien for costs related to abatements, other than dangerous building
abatements, to be recorded with the Mendocino County Recorder's Office, pursuant to
the provisions of Government S.
3466: COLLECTION OF COSTS AND ATTORNEY'S FEES PRIOR TO HEARING.
The Finance Department of the City may accept payment of any amount due at any time
prior to the filing of a certified copy of the City Council resolution assessing the
abatement costs with the County Auditor.
9
3467: ALTERNATIVE REMEDIES.
The procedures established in this Chapter shall be in addition to criminal, civil or other
legal or equitable remedies established by law which may be pursued to address
violations of this Code or applicable state codes and the use of this Chapter shall be at
the sole discretion of the City.
SECTION TWO
1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment), 15061(b)(3) (there is no possibility the activity in
question may have a significant effect on the environment.)
2. SEVERABILITY. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the ordinance and the
application of such provision to other persons or circumstances shall not be affected
thereby. The City Council hereby declares that it would have adopted this Ordinance
and any section, subsection, sentence, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a
newspaper of general circulation in the City of Ukiah, and shall become effective thirty
(30) days after its adoption.
Introduced by title only on , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mari Rodin, Mayor
ATTEST
JoAnne Currie, City Clerk
10
City of- Ukiah
ITEM NO.: 13b
MEETING DATE: April 6, 2011
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION OF ESTABLISHING A PUBLIC SAFETY AD HOC
COMMITTEE, AND APPOINTMENT OF TWO COUNCIL MEMBERS.
Background:
At the March 4th, 2011 City Council Strategic Planning Workshop, staff updated the Council on research the
City Manager and Public Safety Director conducted over the last 2 years on service delivery options for fire
safety and advanced life support. This research included coordination efforts which have been researched
with the Ukiah Valley Fire District, Cal-Fire, and private-public partnership options for the delivery of
ambulance and advance life support services.
The purpose of this staff research is to explore if alternatives or partnerships can be developed to provide
the most cost effective options in the delivery of fire and ambulance related services to the community.
Discussion:
Based on the March 4, 2011 discussion of the City Council and staff, a need exists to establish a Public
Safety Ad Hoc Committee to assist in exploring and examining business models for sustaining Public Safety
services.
Fiscal Impact:
Budgeted FY 10/11 1-1 New Appropriation a Not Applicable
Budget Amendment Required
F
Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested
Recommended Action(s): To assist staff in exploring possible business models for future Public
Safety services, staff recommends City Council establish a Public Safety Ad Hoc Committee and
appoint two members.
Alternative Council Option(s): N/A
Citizens advised:
Requested by: Chris Dewey, Director of Public Safety
Prepared by: Chris Dewey, Director of Public Safety
Coordinated with: Jane Chambers, City Manager
Attachments:
Approved:
ane Chambers, City Manager
ITEM NO.: 13c
MEETING DATE:
AGENDA SUMMARY REPORT
April 6, 2011
SUBJECT: RECEIVE INTRODUCTION PRESENTATION OF THE DOWNTOWN ZONING CODE
(DZC) AND SCHEDULE A JOINT WORKSHOP WITH THE PLANNING COMMISSION
TO BEGIN REVIEW OF THE DZC
Summary: On January 12, 2011, the Planning Commission completed its review of the Downtown Zoning
(DZC) Code, recommended changes, and voted unanimously (5-0) to recommend the City Council adopt
the DZC. Staff is recommending the City Council receive the introduction presentation of the Downtown
Zoning Code and schedule a joint workshop with the Planning Commission to begin review of the DZC. The
intention of this agenda item is not to provide an in depth review of the DZC, but rather to provide an
overview of the DZC and a possible joint City Council/Planning Commission workshop process.
Background: In 2007, the City began the process of developing a form-based code for the Downtown and
Perkins Street corridor. As part of this process, a design charrette was conducted and meetings were held
with stakeholders as well as City boards and commissions. The outcome of this process was the
preparation of a draft form-based code based on the model SMART Code, the design charrette, and input
from stakeholders. In 2008, public and staff review of the document identified various issues related to the
draft Code, including the need to customize the "off the shelf" model SMART Code to fit Ukiah. Staff
subsequently revised the document to address the issues raised as part of the previous review and their
experience working with form-based codes. The revised document prepared for Planning Commission
review includes the following:
Purpose and Vision. A clear purpose for the DZC based on the vision developed as part of the
charrette and public review process.
■ Customization. A code that takes into consideration the existing built environment and uses,
design preferences, and historic buildings.
■ Certainty. Clear standards for development and uses that implement the vision and purpose of the
Code. The requirements are written in a clear and easy to understand manner in order to provide
clarity and remove subjectivity and ambiguity. Uses and terms are defined and have been expanded.
Continued on Page 2
Recommended Action(s): Receive Introduction Presentation on the Downtown Zoning Code and
schedule a joint City Council/Planning Commission workshop to discuss and review the DZC.
Alternative Council Option(s): Do not receive Introduction Presentation and provide direction to staff
on how to proceed.
Citizens advised: All Property Owners within the Proposed DZC Boundaries, Downtown Zoning Code
email list, Planning Commission and Design Review Board
Requested by: Charley Stump, Planning and Community Development Director
Prepared by: Kim Jordan, Senior Planner and Charley Stump, Planning and Community
Development Director
Coordinated with: Jane Chambers, City Manager
Attachments: 1. March 9, 2011 Planning Commission Minutes Excerpt
2. Downtown Zoning Code 04062011 (Planning Commission recommendation)
www.cityofukiah.com/pageserver/?page=form based zoning 4-27
J
Approved:
Ja Chambers, City Manager
The intent is to provide certainty for property owners, developers, decision makers, the community,
and staff. This certainty equates to a reduced and faster permit review process.
Flexibility. A process that allows a deviation from a standard to be requested by an applicant. This
process (an Exception) requires a discretionary application and includes public notice and public
hearing.
Reduced Discretionary Review Process. Projects that are consistent with the requirements of the
Code provide certainty as to their outcome and are subject to a faster and reduced review process
compared to current zoning requirements.
Usability. A code that is easy to use and understand. Most information is provided in table form to
make information easier to find and understand; terms and uses are defined; and references to other
relevant sections of the DZC or Ukiah City Code are included.
For the past twelve months, the Planning Commission has been conducting public workshops to review the
draft Downtown Zoning Code. The Commission has reviewed the entire DZC in sections from the beginning
of the document to the end. The Planning Commission workshops and public comment centered on several
"hot topics," including the boundaries of the DZC, uses, tree preservation, tree planting/landscaping,
circulation, non-conforming uses, and the prohibition of formula fast food restaurants. The Commission's
review also focused on the ability of the Code to provide certainty to property owners, developers, and the
community while allowing for flexibility. The goal is to reduce the discretionary review process for those
projects that comply with all of the standards of the DZC.
Discussion: On March 9, 2011, Planning Commission discussed possible options for presenting the DZC
to the City Council, including public noticing, introductory presentation, joint City Council/Planning
Commission workshops/public hearings, role of the Planning Commission, and timeline (see attachment 1).
A summary is provided below:
■ Public Notice: The Commission recommended the Ukiah Daily Journal be approached regarding
an article on the Council's review of the document, notice and information continue to be provided on
the City's website, and notice continue to be provided to those on the DZC email list.
■ Joint Workshops: The Commission supported having one or two joint City Council/Planning
Commission workshops. The Planning Commission preferred the joint workshop format since this
setting would best facilitate a discussion of the thorough and intensive workshop process, the "hot
topics" that were identified as part of the process, and how various issues and "hot topics" were
addressed and resolved.
Planning Commission's comprehensive page by page workshop review of the document and the use of joint
workshops provides the City Council an opportunity to focus their review on specific items, eliminating the
need for page by page review by the Council.
Next Steps: The following are the next steps required for the adoption of the Code and are being
undertaken concurrently.
■ City Council Review: A possible date for a joint City Council/Planning Commission workshop to
review and discuss the DZC is April 27tH
■ Airport Comprehensive Land Use Plan: The Draft DZC will be referred to the Airport Land Use
Commission as required by the Public Utilities Code.
■ California Environmental Quality Act: Staff is also continuing to work on the required Initial
Environmental Study required for the project by the California Environmental Quality Act (CEQA).
■ Design Guidelines: Design/Architectural Guidelines are being developed in conjunction with the
Design Review Board and would be included as an appendix to the DZC.
Conclusion: The Planning Commission has conducted a series of public workshops and has customized a
Downtown Zoning Code that will provide certainty to property owners, developers, decision makers, and the
community in terms of the regulations and review process. It will also result in a reduced and faster permit
review process. The purpose of the new Code is to:
■ Create a healthy, safe, diverse, compact, walkable urban environment;
■ Allow a wide range of commercial and residential uses that result in a vibrant downtown;
■ Provide a scale and character of development that emulates the best elements of Ukiah's heritage,
such as shady downtown streets, diverse architecture, and mixed-use shopfront buildings, and
preserves and enhances the character of downtown;
■ Provide a circulation system that accommodates all modes of transportation while focusing on the
pedestrian experience; and
■ Promote a sustainable community through the reuse and improvement of existing buildings, infill
development, redevelopment, green building and SMART growth principles, and resource
conservation.
The Downtown Zoning Code attachment 2 is posted and available for review on the City's website at:
www.citvofukiah.com/pageserver/?page=form based zoning 4-27 , as well as at the Civic Center public
counter.
Fiscal Impact:
Budgeted FY 10/11 F-1 New Appropriation ❑X Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
I ATTACHMENT 1
2
3 UKIAH PLANNING COMMISSION
4 Minutes Excerpt
5 March 9, 2011
6
7 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
8 Judy Pruden, Chair Mike Whetzel
9 Jason Brenner
10 Linda Helland
11 Linda Sanders
12
13 STAFF PRESENT OTHERS PRESENT
14 Charley Stump, Planning Director Listed below, Respectively
15 Kim Jordan, Senior Planner
16 Cathy Elawadly, Recording Secretary
17
18
19 10. OLD BUSINESS
20 10A. Downtown Code - Process and Timeline for City Council Review.
21 Planning Director Stump:
22 • The regular City Council meeting of April 6, 2011 has been targeted for an introductory
23 presentation and discussion of the draft DZC.
24 • Staff is asking for Commission thoughts/direction on how best to proceed with the unveiling of the
25 Draft code to City Council for review, adoption, and public participation. This could include joint
26 City Council/Planning Commission workshops/public hearings. Looking for direction on role of the
27 Planning Commission and timelines.
28 • Encourages the Commissioners to attend the Council meeting and participate in the discussion
29 wherein Council would likely appreciate the assistance.
30 It is important Council see/understand the incredible hard work done by the Planning Commission
31 with shaping and formulating a highly workable zoning document.
32 • The April 6, 2011 meeting is the only timeline formulated at this point.
33
34 Commission:
35 • The Ukiah Daily Journal could feature an article(s) about the DZC on the front page that provides
36 information about the intent of the code, as well as provide examples of the exercises that the
37 Planning Commission and staff completed with the public to demonstrate how the code would
38 function for projects.
39 • Supports introducing the DZC to Council and providing the reasons why the document is
40 important to the community and developers.
41 • It is likely legal findings will have to be made in support of the document and likes the concept of
42 referencing various applicable sections of the Ukiah General Plan of these findings for
43 consistency purposes.
44 • While there may be public comments about some of the more controversial issues concerning the
45 DZC when Council reviews the document, it is questionable whether or not the public would want
46 to go over the document again since the public has participated all along in discussions about the
47 code document with the Planning Commission.
48 • Questioned how valuable/productive joint City Council/Planning Commissions meetings really are
49 because they have a tendency not to work well.
50 • The purpose of the code document is well-summarized in the purpose statement.
51 • Staff and the Commission have done an excellent job evaluating/analyzing and/or fine-tuning the
52 document so that it is highly adaptive for use whereby there is no need for Council and the
MINUTES OF THE PLANNING COMMISSION March 9, 2011
Page 1
I Commission to go through the document page by page together. The Commission has already
2 done this type of in depth review.
3 • The Commission and Council can discuss additional timelines associated with the DZC as
4 necessary.
5 • It is important Council and the Planning Commission make good use of their time when
6 discussing the code document in a workshop setting.
7 • Council will not likely be able to understand the DZC in one or two joint meetings when comparing
8 how long it has taken the Planning Commission to work through the document.
9
10 Staff:
11 In a workshop setting, it may be helpful/more beneficial if Council and Commission talk through
12 some of more controversial sections of the document, such as trees and tree preservation; DZC
13 boundaries; use tables, including agriculture equipment sales or rental, restaurant- formula fast
14 food; locations of alleys and streets, and/or other "hot topics" that were identified and discussed
15 by the public and Planning Commission.
16 The discussion should also likely include the background and the intent that the Code would
17 create certainty for the community, developers, and property owners and includes flexibility and
18 the ability to reduce the amount of process involved when the project complies with all of the
19 Code requirements.
20
21 Commission consensus:
22 • Would be pleased to participate in one to two public workshops with City Council wherein Council
23 would have the opportunity to ask the Planning Commission for information and background,
24 particularly for certain sections of the document that were controversial when the Commission
25 discussed the document.
26 • Commission will discuss timelines and process with Council.
27 • Agrees with above items from Commission and staff.
28
MINUTES OF THE PLANNING COMMISSION March 9, 2011
Page 2
Downtown Zoning Code
City Council
Draft April 6, 2011
Downtown Zoning Code
City Council Draft_04062011
Downtown Zoning Code
Table of Contents
Sections
Section 1:
Purpose
Section 2:
Applicability
Section 3:
Zoning
Section 4:
Building and Site Uses
Section 5:
Standards for Specific Land Uses
Section 6:
Site Planning and Development Standards
Section 7:
Architectural Standards
Section 8:
Historical Building Standards
Section 9:
Parking Requirements and Design Standards
Section 10:
Tree Preservation and Planting Requirements
Section 11:
Circulation Standards
Section 12:
Administration and Procedures
Section 13:
Glossary
Tables
Table 1:
Transect Zones (Section 3: Zoning)
Table 2:
Civic Spaces (Section 3: Zoning)
Table 3:
Allowed Uses and Permit Requirements (Section 4: Building and Site Uses)
Table 4:
Site Development Standards (Section 6)
Table 5:
Building Types (Section 6)
Table 6:
Principal Building Standards (Section 6)
Table 7:
Private Frontage Types (Section 6)
Table 8:
Accessory Building Standards (Section 6)
Table 9:
Development Standards for All Land Uses (Section 6)
Table 10:
Landscaping Standards for All Development (Section 6)
Table 11:
Frontage Types and Storefront Standards (Section 7)
Table 12:
Architectural Elements and Materials (Section 7)
Table 13:
Historical Building Standards (Section 8)
Table 14:
Number of Parking Spaces Required (Section 9)
Table 15:
Shared Vehicle Parking Factor (Section 9)
Table 16:
Minimum Parking Space and Aisle Dimensions (Section 9)
Table 17:
Parking Design Standards (Section 9)
Table 18:
Open Parking Lot Standards (Section 9)
Table 19:
Protected Trees (Section 10)
Table 20:
Landmark Trees (Section 10)
Table 21:
Required Street Trees for Primary Streets (Section'! 0)
Table 22:
Alternate Street Trees for Primary Streets (Section 10)
Table 23:
Required Street Trees for Non-Primary Street (Section 10)
Table 24:
Required Parking Lot Trees (Section 10)
Table 25:
Alternate Parking Lot Trees (Section 10)
Table 26:
Required Riparian Trees (Section 10)
Table 27:
Site Development Review Tiers (Section 12)
Table 28:
Use Permit Procedures (Section 12)
Table 29:
Exception Procedures (Section 12)
City Council Draft_04062011 3
Figures
Figure 1:
Figure 2:
Figure 3
Figure 4:
Figure 5:
Figure 6:
Figure 7:
Figure 8:
Figure 9:
Figure 10:
Figure 11:
Figure 12:
Figure 13:
Figure 14:
Figure 15:
Zoning Map (Section 3)
Building Height (Section 6)
Building Siting (Setbacks) (Section 6)
Layers (Section 6)
Minimum Parking Space and Aisle Dimensions (Section 9)
Liner Building Concept (Section 9)
Park-Under or Live/Work Concept Building (Section 9)
Circulation Map (Section 11)
Special Designations (Section 11)
Perkins Street (Section 11)
Commercial Street with Parallel Parking and Bike Lanes (Section 11)
Commercial Street with Angled and Parallel Parking (Section 11)
Commercial Street with Parking (Section 11)
Street with Parallel Parking (Section 11)
Alley (Section 11)
Downtown Zoning Code Section 1. Purpose
Section 1: Purpose
1.010: Purpose. The purpose of the Downtown Zoning Code is to:
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.
1. 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).
City Council Draft_04062011
Downtown Zoning Code Section 2. Applicability
Section 2: Applicability
2.010: Applicability: Proposed development, subdivisions, and new land uses within the Downtown Zoning Code
(DZC) shall comply with all of the applicable requirements of this 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 4 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 4: Building and Site Uses. Section 5:
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 6 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 and Circulation
Map. The site and development standards regulate such things as the subdivision of land, building
placement, and fagade design.
D. Architectural Standards. The Architectural Standards identified in Section 7 regulate the required
form of each private building.
E. Historical Building Standards. The Historical Building Standards in Section 8 regulate modifications
to buildings that are 50 years or older.
F. Parking Standards and Procedures. The Parking Standards and Procedures in Section 9 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 10 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 11 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).
1. 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.
2.020: Relationship to Zoning Ordinance. If a conflict occurs between a requirement of this Code and the City
of Ukiah Zoning Ordinance and Subdivision Ordinance (Chapter 1 of Division 9), the provisions of this
Code shall apply.
2.030: Administration. The standards of this Code shall be administered and enforced as provided in Section
12: Administration and Procedures.
City Council Draft_04062011
Downtown Zoning Code Section 3. Zoning
Section 3: Zoning
3.010: Applicability. The regulations in this Section, 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 Code.
A. Zoning Districts. The Zoning Map (Figure 1) in this Section establishes three 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 multi-family.
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 the greatest variety of
uses, as well as and civic uses of regional importance. This zone has regularly spaced street tree
planting and buildings set close to lot frontages.
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 al-
lowed 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 follow-
ing 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 connec-
tions 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 encom-
passing 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 parcel as shown on the Zoning Map. Any future devel-
City Council Draft 04062011 7
Downtown Zoning Code Section 3. Zonina
opment shall consider daylighting, re-establishing and providing public access to the creek
corridor, or granting to the City a 60 foot 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 provides 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
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.
2. 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.
3. 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).
4. Flood Plain. The approximate location of the 100 year floodplain 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.
D. Conflict with Other Regulations. The provisions of this Code take precedence over those of
conflicting codes, regulations and standards adopted by the City of Ukiah, and other agencies to the
extent allowed bylaw. In particular, this Article supersedes Articles 3 through Article 18 and Article 20
of this Chapter (Zoning), except as specifically referenced in this Article. The provisions of this Article
shall not take precedence over:
1. Building Regulations (Division 3).
2. Flood Plain Management Regulations (Chapter 6 of Division 9).
3. Mendocino County Airport Comprehensive Land Use Plan
E. Frontage Improvements and Dedications. The developer shall construct frontage improvements
and dedicate as required by the Ukiah City Code.
City Council Draft 04062011
8
Downtown Zoning Code Section 3. Zoninq
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Downtown Zoning Code Section 3. Zoning
3.020: 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 identified on the Zoning Map.
Table 1: Transect Zones 1 R U R A L -4 0
U R B A N
PROFILE
PLAN VIEW
TRANSECT T1 T2 T3 T4 (GU) T5 (UC) T6 (DC)
NATURAL RURAL SUBURBAN GENERAL URBAN DOWNTOWN
ZONES URBAN CENTER CORE
City Council Dn
NATURAL ZONE
RURAL ZONE
SUBURBAN ZONE
GENERAL URBAN
URBAN CENTER
DOWNTOWN
ZONE
ZONE
CORE ZONE
Lands
Lands in open
Low density
Mixed-use and
Higher density
The highest density,
approximating
or cultivated
suburban residential
residential urban
mixed-use
with the greatest
or reverting to
state or sparsely
areas, differing
fabric. It has a
building types that
variety of uses, and
a wilderness
settled. These
by allowing home
wide range of
accommodate retail,
civic buildings of
condition, including
include woodland,
occupations.
building types:
offices, rowhouses
regional importance.
lands unsuitable
agricultural lands,
Planting is
single, side yard,
and apartments. It
Streets have steady
for settlement due
grasslands and
naturalistic with
and rowhouses.
has a tight network
street tree planting
to topography,
irrigable deserts.
setbacks relatively
Setbacks and
of streets, with wide
and buildings
hydrology or
deep. Blocks may
landscaping are
sidewalks, steady
set close to the
vegetation.
Not used in this
be large and the
variable. Streets
street tree planting
frontages.
Code
roads irregular
typically define
and buildings
DC Zone in this
Not used in this
to accommodate
medium-sized
set close to the
Code
Code
natural conditions.
blocks.
frontages.
Not used in this
GU Zone in this
UC Zone in this
Code
Code
Code
MORE RURAL
MORE URBAN
Private Spaces
Private Spaces
Less Density
More Density
Larger Blocks
Smaller Blocks
Primarily residential
Primarily Mixed-use
Smaller buildings
Larger buildings
More green spaces
More hardscape
Detached buildings
Attached buildings
Unaligned frontages
Aligned frontages
Yards & porches
Stoops & Shopfronts
Deep setbacks
Shallow setbacks
Articulated massing
Simple massing
Wooden buildings
Masonry buildings
Mostly pitched roofs
Many flat roofs
Small yard signs
Building mounted signs
Public Spaces
Public Spaces
Roads & lanes
Streets & alleys
Narrow paths
Wide sidewalks
Less congestion
More congestion
Less regulated parking
Dedicated parking
Larger curb radii
Smaller curb radii
Less artificial lighting
Brighter lighting
Open drainage
Curbs and gutters
Mixed tree types
Aligned street trees
Quieter
Noisier
Civic Places
Civic Places
Local gathering places
Regional institutions
Parks and greens
Plazas and squares
10
Downtown Zoning Code Section 3. Zoning
3.030: 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
Park: A natural preserve available for unstructured recreation. A park
may be independent of surrounding building frontages. Its landscape
shall consist ofpaths and trails, meadows, woodland and open shelters,
all naturalistically disposed. Parks may be lineal, following the trajec-
tories of natural corridors. The minimum size is typically 15 acres.
This type of civic spaces is prohibited in the GU, UC, and DC zoning
districts.
Green: An open space, available for unstructured recreation. A green
may be spatially defined by landscaping ratherthan 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 atthe 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
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
Playground: An open space designed and equipped forthe 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
zone
® GU
UC
DC
City Council Draft_04062011 11
Downtown Zoning Code Section 4. Building and Site Uses
Section 4: Building and Site Uses
4.010: 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 site by the Zoning Map (Figure 1).
A. Establishment of An Allowable Use.
1. 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 compliance with all other applicable requirements of this Article.
2. Where a single parcel is proposed for development with two 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 3 (Zoning), and the planning permit required to establish each use.
Table 3 provides for land uses that are:
1. Allowed subject to compliance with all applicable provisions of this Code and shown as "A" uses
in the table;
2. Allowed subject to the approval of a Minor Use Permit (Section 12: Administration and
Procedures) and shown as "MIUP" uses in the table;
3. Allowed subject to the approval of a Major Use Permit (Section 12: Administration and
Procedures) and shown as "MAUP" uses in the table;
4. Allowed as a use that is accessory to an Allowed or Permitted Use and shown as "AC" uses in the
table; or
5. 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:
1. The use is similar in nature and intensity to uses listed as Allowed or requiring a Use Permit;
2. The use would not be incompatible with other existing allowed uses;
3. The use would not be detrimental to the continuing development of the area in which the use
would be located; and
4. 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 is
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 12: 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.
City Council Draft 04062011 12
Downtown Zoning Code Section 4. Building and Site Uses
Table 3: Allowed Uses and Permit Requirements
Use Categories and Specific Uses (1)
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, E
DUCATION, 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 5.030
Conference, convention, exhibition facility
MAUP
MAUP
MAUP
Fitness, health facility
MIUP
MIUP
MIUP
Library, museum
A(3)
A(3)
A(3)
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 - 5 rooms or fewer
A
A
A
Bed and breakfast - more than 5 rooms
MAUP
MAUP
MAUP
Hotel, motel - 5 rooms or fewer
A
A
A
Hotel, motel - more than 5 rooms
MAUP
MAUP
MAUP
RESIDENTIAL (2)
Dwelling - condominium
A
A
Dwelling - duplex
A
A
Dwelling, multiple household
A
A
Dwelling, second unit
AC(7)
AC(7)
Section 5.080
Dwelling, single household
A
A
Dwelling, single room occupancy
A(9)
A(9)
A(9)
Section 5.090
Home occupation
AC(1)(6)
AC(1)(6)
AC(1)(6)
Section 5.040
Homeless facility - large (more than 12 persons)
MAUP(2)
UCC §9171
Homeless facility - small (fewer than 12 persons)
MAUP(2)
Live/work unit
A
A
A
Residential in mixed-use building
A(9)
A(9)
A(9)
Section 5.070
1. A business license may be required. Contact the City of Ukiah Administrative Office to determine if a business license is required.
2. Site Development Permit may be required (see Section 12: Administration and Procedures).
3. 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.
4. A Major Use Permit is required to exceed 15,000 gross square feet of floor area on the ground floor (street level).
5. A Major Use Permit is required to exceed 5,000 gross square feet or 100 lineal feet on the ground floor (street level).
6. Allowed accessory to a residential use.
7. Allowed accessory to a single-family residence.
8. Allowed accessory to an allowed or permitted restaurant use.
9. 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.
10. Allowed accessory to a principal building and subject to the requirements of Table 7: Standards for Accessory Buildings.
11. Allowed accessory to a principal use and consistent with the requirements of Table 9: Development Standards for All Land Uses.
City Council Draft_04062011 13
Downtown Zoning Code Section 4. Building and Site Uses
Table 3: Allowed Uses and Permit Requirements
Use Categories and Specific Uses (1)
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
RETAIL (2)
Adult cabaret
Adult entertainment business
MAUP
MAUP
MAUP
UCC §9176(D)
Alcoholic beverage sales
Artisan shop
A(3)(4)
A(3)(4)
A(3)(4)
Bar, cocktail lounge, night club
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/specialty food 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
UCC §9184
Restaurant, cafe, coffeehouse
A(4)
A(4)
A(4)
Restaurant - formula fast food
Restaurant - outdoor dining
MIUP(8)
MIUP(8)
MIUP(8)
Second hand store, thrift store
MIUP
MAUP
MAUP
Shopping center
MAUP
Smoke shop
Tasting room
MAUP
MAUP
MAUP
Section 5.100
SERVICES - BUSIN
ESS, FINANCIAL,
PROFESSIONAL (2)
Administrative services
A(3)
A(3)
A(3)
Business services
MIUP
MIUP
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)
Veterinary office or services - small animal
A(5)
A(5)
A(5)
1. A business license may be required. Contact the City of Ukiah Administrative Office to determine if a business license is required.
2. Site Development Permit may be required (see Section 12: Administration and Procedures).
I 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.
4. A Major Use Permit is required to exceed 15,000 gross square feet of floor area on the ground floor (street level).
5. A Major Use Permit is required to exceed 5,000 gross square feet or 100 lineal feet on the ground floor (street level).
6. Allowed accessory to a residential use.
7. Allowed accessory to a single-family residence.
8. Allowed accessory to an allowed or permitted restaurant use.
9. 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.
10. Allowed accessory to a principal building and subject to the requirements of Table 7: Standards for Accessory Buildings.
it. Allowed accessory to a principal use and consistent with the requirements of Table 9: Development Standards for All Land Uses.
City Council Draft_04062011 14
Downtown Zoning Code Section 4. Building and Site Uses
Table 3: Allowed Uses and Permit Requirements
Use Categories and Specific Uses (1) General Urban Urban Center Downtown Core Additional
A Use Allowed by Right GU UC DC Zoning
AC Use Allowed Accessory to a Principal Use Requirements
MIUP Use Allowed with a Minor Use Permit by
MAUP Use Allowed with a Major Use Permit Code Section
Use Prohibited
Agricultural equipment sales or rental
Child day care - day care center
Child day care - large family
Child day care - small family
Equipment rental
Kennel, doggy daycare
Laundromat
Maintenance/Repair - client site services
Maintenance/Repair - equipment, large appliances
Personal services
Personal services - restricted
Pet services, pet store
Safety services, fire station, police station
Vehicle services - Major repair/body work
Vehicle services - Minor maintenance/repair
Artisan/craft product manufacturing
Clothing and fabric product manufacturing
Metal products fabrication, machine, welding shop
Small products manufacturing
SERVICES - GENERAL (2)
MIUP
MIUP
AC(1)(6)
AC(1)(6)
AC(1)(6)
AC(1)(6)
A(5)
A(5)
A(5)
A(5)
A(5)
A(5)
A(5)
A(5)
A(3)
A(3)
A
A
I MIUP I MIUP
MANUFACTURING, WAREHOUSING (2)
A(3)
A(3)
MIUP
AC(1)(6)
AC(1)(6)
A(5)
A(3)
A
Section 5.050
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 Zoning Map A
Parking structure - in location not designated on Zoning Map MAUP MAUP
Telecommunications antenna, facility, tower MAUP MAUP
Transportation service, transportation terminal MAUP MAUP
1. A business license may be required. Contact the City of Ukiah Administrative Office to determine if a business license is required.
2. Site Development Permit may be required (see Section 12: Administration and Procedures).
3. 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.
4. A Major Use Permit is required to exceed 15,000 gross square feet of floor area on the ground floor (street level).
5. A Major Use Permit is required to exceed 5,000 gross square feet or 100 lineal feet on the ground floor (street level).
6. Allowed accessory to a residential use.
7. Allowed accessory to a single-family residence.
8. Allowed accessory to an allowed or permitted restaurant use.
9. 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.
10. Allowed accessory to a principal building and subject to the requirements of Table 7: Standards for Accessory Buildings.
11. Allowed accessory to a principal use and consistent with the requirements of Table 9: Development Standards for All Land Uses.
City Council Draft 04062011 15
Downtown Zoning Code Section 4. Building and Site Uses
Table 3: Allowed Uses and Permit Requirements
Use Categories and Specific Uses (1)
General Urban
Urban Center
Downtown Core
Additional
A Use Allowed by Right
GU
UC
DC
Zoning
AC Use Allowed Accessory to a Principal Use
Requirements
MIUP Use Allowed with a Minor Use Permit
by
MAUP Use Allowed with a Major Use Permit
Code Section
Use Prohibited
OTHER (2)
Accessory building (10)
AC
AC
Table 7
Accessory use(s)
AC
AC
AC
Animals in the City
MIUP
MIUP
UCC §9182
Drive-thru or drive-up - restaurant
Drive-thru or drive-up - bank, pharmacy
A(2)
A(2)
Table 27
Electric vehicle charging station
AC
AC
AC
Medical marijuana dispensary
UCC §5702
Storage - accessory
AC
AC
AC
Storage -yard (11)
AC
AC
AC
Table 9
Temporary uses less than 6 months and consistent with the
MIUP
MIUP
MIUP
UCC §9176(E)
purposes of this Code
1. A business license may be required. Contact the City of Ukiah Administrative Office to determine if a business license is required.
2. Site Development Permit may be required (see Section 12: Administration and Procedures).
3. 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.
4. A Major Use Permit is required to exceed 15,000 gross square feet of floor area on the ground floor (street level).
5. A Major Use Permit is required to exceed 5,000 gross square feet or 100 lineal feet on the ground floor (street level).
6. Allowed accessory to a residential use.
7. Allowed accessory to a single-family residence.
8. Allowed accessory to an allowed or permitted restaurant use.
9. 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.
10. Allowed accessory to a principal building and subject to the requirements of Table 7: Standards for Accessory Buildings.
11. Allowed accessoryto a principal use and consistent with the requirements of Table 9: Development Standards for All Land Uses.
City Council Draft_04062011 16
Downtown Zoning Code Section 5. Standards for Specific Land Uses
Section 5: Standards for Specific Land Uses
5.010: Purpose. This Section provides site planning, development, and/or operational standards for certain land
uses that are allowed by Section 4: Building and Site Uses. The standards for each use are intended to
mitigate any potentially adverse impacts associated with the specific use.
5.020: Applicability. The land uses and activities included in this Section shall comply with the provisions of the
Section applicable to the specific land use, in addition to all other applicable provisions of this Code and
the Ukiah City Code.
A. Where allowed. The uses that are subject to the standards in the Section shall be located in compli-
ance with the requirements of Section 4: Building and Site Uses.
B. Land use permit requirements. The uses that are subject to the standards in this Section shall be
authorized by the land use permit required by Section 4: Building and Site Uses, except where a land
use requirement is established by this Section for a specific use.
C. Development standards. The standards for specific land uses included in this Section are required
and supplement those included in this Code and the Ukiah City Code. In the event of any conflict
between the requirements of this Section and those included in this Code, the requirements of this
Section shall control.
5.030: 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 days a week from 7:00 a.m. until dusk.
B. Fencing. Fencing is discouraged. When fencing is required to prevent vandalism or theft, trespass-
ing, 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 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 setback 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 re-
duces 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 guid-
ance and resources.
D. Motorized Equipment. Use of motorized equipment (such as weed eaters, leaf blowers, rototillers)
shall be limited to weekdays from 8:00 a.m. to 7:00 p.m. and weekends and holidays recognized by
the City of Ukiah from 10:00 a.m. to 5:00 p.m.
E. Noise. Compliance with the City of Ukiah Noise Ordinance is required, except as indicated in Motor-
ized Equipment above which may be more restrictive.
F. Parking. A minimum of one (1) 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
City Council Draft 04062011 17
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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 barrels systems; picnic tables; benches; bike racks;
garden art; and fences subject to the development standards of the zoning district in which the com-
munity garden is located. 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.
1. Water Use. Every effort shall be made to reduce water usage. Drip irrigation is required where fea-
sible. 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 prohib-
ited. Weapons, pets and other animals (except service animals) are also prohibited.
5.040: Home Occupations. A Home Occupation shall comply with the requirements of this Section where al-
lowed 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 3/4 ton or less.
D. Employees. Residents plus no more than two (2) non-residents may work at a home occupation
location.
E. Identification. The home occupation shall not be identifiable from the property line by any means, in-
cluding 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 occupa-
tion 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 traf-
fic or parking in excess of that normally associated with a residential use, with no more than two (2)
non-resident vehicles parked on the street at any given time and no idling of employee or customer
vehicles.
City Council Drafl_04062011 18
Downtown Zoning Code Section 5. Standards for Specific Land Uses
1. Signs. One (1) non-illuminated identification sign of not more than 1.5 square feet in area may be
placed flat against an outside wall of the residence to advertise the home occupation subject to ap-
plication for and approval of a sign permit.
J. Storage. No outside storage of equipment or supplies.
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 day care), 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.
5.050: Large Family Day Care. Large Family Day Care facilities shall comply with the requirements of this Sec-
tion 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 day
care facilities, thereby eliminating the need for a Use Permit. The intention is to encourage the cre-
ation of large family day care 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 Day Care shall be conducted without application for and ap-
proval of a business license.
C. Location. In no case shall a property be directly abutted by large family day care facilities on two (2)
or more sides.
D. Parking. All dwellings used for large family day care facilities shall provide at least three (3) off-street
parking spaces, no more than one (1) 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,
City Council Draft 04062011 19
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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 day care 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 bar-
riers 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 feet in height located in any yard
area intended for day care use shall comply with the minimum setback requirements of the applicable
zoning district and be kept a minimum distance of five feet from perimeter property lines.
H. Noise. Noise generated from the day care facility shall not exceed the standards established by the
City of Ukiah Noise Ordinance as measured at the property line(s) of the day care facility.
1. Code Compliance and Licensing. Large family day care facilities shall comply with all applicable
Building and Fire Codes, Fire Code standards adopted by the State of California, and with Social Ser-
vices 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 compli-
ance with parking requirements of this Code.
5.060: 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 re-
use/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 non-residential component of a live/work project shall be a use allowed
within the applicable zoning district (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 nor-
mally associated with a residential use;
welding, machining, or any open flame work; or
any other activity or use as determined by the Planning Director not to be compatible with resi-
dential activities and/or to having the potential to affect the health, safety, of live/work residents
because the use may possibly create dust, glare, heat, noise, noxious gasses, odor, smoke, traf-
fic, vibration, or other impacts, or would be hazardous because of materials, processes, products,
or wastes.
City Council Draft 04062011 20
Downtown Zoning Code Section 5. Standards for Specific Land Uses
C. Density. Live/work units shall comply with the maximum density requirements of the applicable gen-
eral plan land use designation and zoning district.
D. Design Standards.
1. Floor area requirements. The minimum net total floor area of a live/work space shall be 1,000
square feet. All floor area other than that reserved for working space shall be reserved and regu-
larly used for living space.
2. 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.
3. Facilities to accommodate commercial activities. A live/work unit shall be designed to accom-
modate 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.
4. 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.
5. Mixed occupancy buildings. If a building contains mixed occupancies of live/work and other
non-residential 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 lo-
cated 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 lev-
els 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. Non-resident 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 traf-
fic 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
City Council Draft 04062011 21
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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
non-residential 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 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 Sub-
section B (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 com-
mercial uses where all adjacent land is zoned for commercial uses. If there is adjacent residen-
tially zoned land, the proposed changes in the building will make the commercial building being
converted more compatible with the adjacent residential area.
5.070: Mixed-use Projects. Mixed-use Projects shall comply with the requirements of this Section where al-
lowed 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 relation-
ship 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 non-residential 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 in the applicable zoning district provided that where a mixed-use project is proposed
with a use that is otherwise required to have a Use Permit approval in the applicable zoning district,
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
City Council Draft_04062011 22
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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.
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.
F. Trash and recycling. Areas for the collection and storage of refuse and recyclable materials shall be
located on the site in location(s) convenient for both the residential and non-residential uses.
G. Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact
the residential units.
H. Noise. All non-residential units shall be designed to minimize their adverse impacts on residential
units, in compliance with City noise regulations.
1. Non-residential hours of operation. A mixed-use project proposing a commercial component that
will operate outside normal business hours (8:00 a.m. to 6:00 p.m.) shall require Zoning Administrator
approval to ensure that the commercial use will not negatively impact the residential uses within the
project.
5.080: 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 Building and Site Uses.
B. Attached or detached. A second unit may be attached to a single-family residence or detached as a
separate structure.
C. Architecture and access. A second unit shall incorporate the same or substantially similar architec-
tural design and details, building materials, and colors as the main dwelling unit or be compatible with
dwellings located on adjacent parcels.
The second unit shall have a separate door. In the event of an attached unit, the entrance to the sec-
ond 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.
D. Density. Density is determined by the General Plan land use designation. Second units are exempt
from the density calculation.
E. 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 is
located or the adjoining parcel(s), whichever is greater.
F. Conversion. Existing structures proposed for conversion to a second unit shall comply with the devel-
opment standards of the zoning district in which the second unit would be located.
G. Parking. Parking shall be provided for the single-family residence as required by the zoning district
in which the parcel is located. One (1) 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 inde-
pendently accessible.
H. Owner occupancy. One of the units on the parcel shall be occupied by the owner of the property.
City Council Draft_04062011 23
Downtown Zoning Code Section 5. Standards for Specific Land Uses
1. Rental. The second unit may be used for rental purposes.
J. Size. The maximum size of a second unit shall be seven hundred fifty (750) square feet.
K. 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.
L. 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.
5.090: Single Room Occupancy Facilities. A single room occupancy (SRO) facility shall comply with the re-
quirements 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 square feet per living unit shall be provided, with at least 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 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 150 square feet and a maximum of 400
square feet.
b) Occupancy. An SRO unit shall accommodate a maximum of two persons.
c) Bathroom. An SRO unit is not required to but may contain partial or full bathroom facili-
ties. 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.
City Council Draft_04062011 24
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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 require-
ments. All common areas shall be fully accessible.
D. Management
1. Facility management. A SRO facility with 10 or more units shall provide on-site management
that includes a managers unit on the premises. A SRO facility with less than 10 units shall pro-
vide a management office on-site.
2. Management plan. A management plan shall be submitted with the development application for
a SRO facility and shall be approved by the City. The management plan shall address manage-
ment 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 (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 (2 units
would require one parking space).
G. Tenancy. Tenancy of SRO units shall be limited to 30 or more days.
H. Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the
provisions of this Section.
5.100: Tasting Rooms. A Tasting Room shall comply with the requirements of this Section where allowed by
Table 3: Allowed Uses and Permit Requirements.
A. Considerations. A Use Permit application for Tasting Room shall address the following consider-
ations which will be the basis for the approval, conditional approval or disapproval of the Use Permit
application.
1. Hours of operation.
2. Potential for loitering.
3. Adequacy of lighting for security purposes.
4. Compatibility and suitability of the proposed tasting room with the existing uses in the area and/or
character of the area, including but not limited to proximity to sensitive land uses such as resi-
dences, schools, day care facilities, churches and parks.
5. Unique features, products, and/or services which are not found in other similar uses in the com-
munity and/or immediate area (i.e., types of games, food, or other special services).
6. The likelihood that the proposed outlet tasting room would enhance or facilitate the vitality, eco-
nomic viability, and/or provide recreational or entertainment opportunities in an existing commer-
cial area without presenting a significant impact on public health or safety.
7. The potential benefit or detriment that would be provided to the community (immediate neighbor-
hood, City, region) by the approval of the Use Permit.
City Council Draft_04062011 25
Downtown Zoning Code Section 5. Standards for Specific Land Uses
8. Extent to which the sale of alcohol, as a component of the Tasting Room, is related to the func-
tion of the proposed use and likelihood of the use operating in a viable manner (i.e. Is the sale of
alcohol necessary for the financial success of the business and a typical and related component
of a Tasting Room?).
9. Siting of the tasting room in a manner that will result in minimal impacts on the surrounding neigh-
borhood.
10. 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.
11. The background and history of the proposed licensee and the history including the nature and
extent of any problems on premises where he/she has operated an alcohol licensed business in
the past.
12. The potential for the need for annual review of the Use Permit.
13. Other information deemed necessary on a case-by-case basis.
B. Findings. The above considerations shall be incorporated as findings for approval, conditional ap-
proval, or disapproval of a Use Permit for a Tasting Room in addition to the findings required by UCC
Section 9262(E).
City Council Draft_04062011 26
Downtown Zoning Code Section 6. Site Planning and Development Standards
Section 6: Site and Building Development Standards
6.010: Purpose. The purpose of this Section 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.
6.020: 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 6 through 11 for the zone that applies to the parcel.
Table 4: Site Development Standards
STANDARDS
(1)
GENERAL URBAN
GU
URBAN CENTER
UC
DOWNTOWN CORE
DC
MODIFICATION TO
STANDARD (2)
RESIDENTIAL DENSITY (Subject to Airport Zone Restrictions)
Minimum
10 units/gross acre
15 units/gross acre
15 units/ gross acre
Major Exception
Maximum (3)
28 units/gross acre
28 units/gross acre
28 units/gross acre
Major Exception
BLOCK PERIMETER
Maximum (4)
1,500 lineal feet
1,400 lineal feet
1,000 lineal feet
Major Exception
Maximum w/ anchor build-
ing or parking structure
2,000 lineal feet
2,000 lineal feet
2,000 lineal feet
Major Exception
LOT STANDARDS
(All new subdivisions shall comply with these lot standards)
Lot Size - Interior (5) (6)
4,500 square feet
4,500 square feet
2,500 square feet
Major Exception
Lot Size - Corner (5) (6)
5,000 square feet
5,000 square feet
3,000 square feet
Major Exception
Lot Width (5) (6)
30 feet min
30 feet min
30 feet min
Major Exception
Lot Depth (5) (6)
70 feet min
70 feet min
70 feet min
Major Exception
Lot Coverage
70% maximum
80% maximum
90% maximum
Major Exception
Lot Coverage with
Structured Parking
70% maximum
100% maximum
100% maximum
Major Exception
Lot Configuration
Rectilinear
Major Exception
Lot Orientation
Front on a Thoroughfare
Major Exception
BUIL
DING 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 11
PARKING REQUIREMENTS and DESIGN STANDARDS
See Section 9
LOADING DOCKS, SERVICE AREAS, DRIVE-THRU LANES
See Table 9: Development Standards for All Land Uses
1. See Section 13: Glossary for an explanation of terms.
2. See Section 12: Administration and Procedures.
3. 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.
4. Alternate circulation methods may be proposed in order to comply with the block perimeter requirements as allowed in Section 11: Circulation.
5. No minimum when development is proposed and constructed as part of the subdivision. See Section 12: Administration & Procedures.
6. No minimum lot size or dimensions required for condominium projects when development is proposed and constructed as part of the subdivision.
City Council Drafl_04062011 27
Downtown Zoning Code Section 6. Site Planning and Development Standards
6.030: 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
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.
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 parking.
Examples of uses often associated with this building type include
Duplex, Multi-family, 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.
d. Edge Yard. A building that occupies the center of its lot with Set-
backs 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.
ZONE
City Council Draft_04062011 28
Downtown Zoning Code Section 6. Site Planning and Development Standards
City C
Table 6: Standards for Principal Buildings
STANDARDS
(1) (2)
GENERAL URBAN
GU
URBAN CENTER
UC
DOWNTOWN CORE
DC
MODIFICATION TO
STANDARD (3)
BUILDING SITING (SETBAC
KS)
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
Oft. 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
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) Subject to Airpor
t Zone Restrictions
New building
2 stories minimum
2 stories maximum
2 stories minimum
3 stories maximum
2 stories minimum
4 stories maximum
Major Exception
N
UMBER 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 of the gross floor area of the existing building whichever is less may
continue the setbacks of the existing building.
Major Exception
Height
Additions not exceeding 1,000 square feet of gross floor area or
50% of the of the gross floor area of the existing building whichever is less
may continue the existing building height.
Building height is also subject to Airport Zone restrictions.
Major Exception
Frontage type
Exterior modifications (including additions) to buildings with non-conforming
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 13: Glossary for an explanation of terms.
3. See Section 12: 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.
9. See Figures 2A and 2B: Building Height.
29
Downtown Zoning Code Section 6. Site Planning and Development Standards
Table 7: Standards for Accessory Buildings
STANDARDS
GENERAL URBAN
URBAN CENTER
DOWNTOWN
MODIFICATION TO
GU
UC
CORE
STANDARD (1)
DC
Rear and Side Yard Buildings (2)
Front setback
30 ft. minimum
30 ft. minimum
Major Exception
Side setback
0 ft. minimum
0 ft. minimum
Accessory
buildin
s are
Minor Exception
Rear setback
3 ft. minimum
3 ft. minimum
g
prohibited.
Minor Exception
Rear setback- alley
14 ft. minimum from
14 ft. minimum from
Major Exception
center line (2)
center line (3)
Height (4) (5)
2 stories maximum and
2 stories maximum and
Major Exception
cannot exceed height of
cannot exceed height of
the main building
the main building
Number of buildings
1
1
Minor Exception
1. See Section 12: 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 Figure 2 below.
6.040: 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 213 illustrate the building height for the building types
allowed in Table 4.
Figure 2A: Rear and Side Yard Building Height
Figure 213: Courtyard Building Height
Street
(Principal Frontage)
Alley
Measuring Building Height
Building height shall comply with all of the fol-
lowing:
1. Building height is determined by the number
of stories, not including a raised basement.
See Table 6: Standards for Principal Buildings
See Table 7: Standards for Accessory Buildings
2. 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
height restrictions from the Ukiah Airport
Master Plan.
City Council Draft 04062011 30
Downtown Zoning Code Section 6. Site Planning and Development Standards
6.050: Building Setbacks. The setbacks required for each building type are determined by Table 6: Principal
Building Standards and based on the zoning district in which the parcel is located. Figures 3A, 3B, and 3C
illustrate the setbacks for Side Yard, Rear Yard and Courtyard building types.
Figure 3A: Side Yard Building
Frontage
Alley (ty
pical)
setback
Corner
Q)
Y
Condition
U
fD
C O
v
cu
n
Building Footprint
Mid-block
Condition
L
-Lot Line
-
Figure 3B: Rear Yard Building
Frontage
C
a
L
I
I~
J-+
v
Al
U
v
L. . • - •
Lot Line
Figure 3C: Courtyard Building
Frontage
r - --Ll L1 Ll El
1 setback
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ri
Building Footprint
courtyard
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Corner
Condition
Mid-block
Condition
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Condition
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Condition
Lot Types
Corner Lot
This lot type has two "fronts"
located on streets that are
generally perpendicular
(90-degree angle) to one another.
One front is located on each
frontage line.
Corner lots have two frontages,
one rear and one side. 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
Lots may have access from a
frontage and/or an alley.
Alley access is encouraged, but
cannot provide the only access to
the parcel.
City Council Drafl_04062011 31
Downtown Zoning Code Section 6. Site Planning and Development Standards
6.060: Private Frontage Types. Table 8: Private Frontage Types illustrates the various frontage types allowed
by this Code. The specific frontage types allowed is determined by Table 6: Principal Building Standards
and based on the zoning of the parcel.
Table 8: 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 cre-
ated 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 colon-
nade 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 side-
walk, while the facade at sidewalk level remains at the front-
age 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.
SECTION
LOT R.O.W.
PRIVATE ► t PUBLIC
FRONTAGE FRONTAGE
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PRIVATE ► A PUBLIC
FRONTAGE FRONTAGE
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City Council Draft_04062011 32
Downtown Zoning Code Section 6. Site Planning and Development Standards
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
Major Exception
and pickup facilities shall be determined by the review authority.
Screening
Landscaping, low walls, and/or berms to prevent headlight glare from impacting
Major Exception
adjacent streets and parking facilities.
OUTDOOR STORAGE (2), TRASH/RECYCLING FACILITY, UTILITIES,
AND SIMILAR FACILITIES OF POOR VISUAL QUALITY (3)
Location - all building
Prohibited on Frontage(s).
Major Exception
types
Location - by building
Side yard building: 3rd Layer
Minor f-xception
type
Rear yard building: 3rd Layer
Courtyard building: 4th Layer
W
Screening (4)
Screen from view from all Frontage(s) with a streetscreen.
Major Exception
see Site Screening below
Trash and recycling facilities shall be screened with an enclosure.
Screening - material
Material shall be compatible with the main building or landscaping that is consis-
Minor Exception
tent with the landscaping on the site and building design.
Size
As required by the City's trash and recycling contractor.
Minor Exception
DRIVE- THRU FACILITY (2)(5)
Design
To reduce noise and visual impacts as viewed from frontages.
Major Exception
On a project by project basis, screening and landscaping may be
required in order to comply with this requirement.
Location
Prohibited on Frontage(s).
Major Exception
In areas with residential uses, locate to reduce exposure to
noise, exhaust, and visual impacts.
On a project by project basis, delivery hours may be restricted in order to comply
with this requirement.
Screening
Screen from view from all Frontage(s).
Major Exception
see Site Screening below
FENCING (6)
Height - 3 feet maximum
Between the frontage line (lot line) and front setback or building facade,
Major Exception
whichever is greater.
Height - 6 feet maximum
Outside of the maximum required front setback or behind the building facade,
Major Exception
whichever distance is greater.
Height - measurement
Measured from the grade adjacent to the fence to the
Major Exception
top of the fencing material.
Fence height cannot be averaged.
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
Minor Exception
living fences (e.g. espalier, hedge row) are also allowed.
Material - Prohibited
Barbed wire, concertina wire, chain link, cyclone, & similar with or without
Major Exception
screening slats & similar as determined by the Planning Director.
1. See Section 12: Administration and Procedures.
2. When an allowed use as prescribed in Table 3.
3. Such as A/C units, utility transformers and boxes, and direct vent fireplaces.
4. Planning Department approval of screening required when not part of a project that requires discretionary review by the Zoning Administrator or Planning
Commission.
5. Drive-thru lane/facility is subject to Planning Commission approval of a Site Development Permit.
6. Subject to review and approval of the Public Works Department to ensure adequate sight distance.
City Council Draft 04062011 33
Downtown Zoning Code Section 6. Site Planning and Development Standards
Table 9: Development Standards for All Land Uses (Continued)
STANDARDS
ALL ZONES
MODIFICATION TO
STANDARD (1)
SITE SCREENING (STREETSCREEN) (2)
Height - Intersection
30-inch maximum height within 30 feet of an intersection (3).
None (4)
Height - Outdoor Storage
3 feet minimum; 6 feet maximum.
Minor Exception
Height - Parking Lot
3 feet 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 recycling vehicles) and pedestrian access.
Minor Exception
ROOFTOP EQUIPMENT AND SCREENING (2)
Equipment - Height
10-feet maximum.
Minor Exception
Equipment - Location
Reduce visibility from all Frontage(s).
Minor Exception
Screening - Design
Consistent with building design (materials, colors, form).
Minor Exception
Screening - Flat Roof
Minimum parapet height of 42-inch or taller as needed to screen rooftop equipment
and approved by the Planning Department.
Minor Exception
OUTDOOR LIGHTING (including parking lots)
Design
Compatible with building architecture.
Minor Exception
Direction of Fixtures
Directed downward and away from adjoining properties and public 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 non-essential 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
Safety and Security-
during business hours
All areas having frequent vehicular and/or pedestrian traffic shall be equipped with
a lighting device during the hours of darkness.
Minor Exception (5)
1. See Section 12: Administration and Procedures.
2. Planning Department approval of screening required when not part of a project that requires discretionary review by the Zoning Administrator or Planning
Commission.
3. Subject to review and approval of the Public Works Department to ensure adequate sight distance.
4. No exception allowed to increase height due to safety.
5. Police Department review and approval required as part of the Minor Exception process in order to ensure adequate safety and security.
City Council Draft_04062011 34
Downtown Zoning Code Section 6. Site Planning and Development Standards
6.070: 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 413 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
0
U-
Lot Line
I - - - - 1st Layer - - - - - •
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Side Yard
Building Footprint
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Rear Yard
J
Building Footprint
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L
Corner
Lot
Interior
Lot
- - - - - - - - - -
2nd layer 3rd layer
(20 feet)
Figure 413: Courtyard Building - Corner Lot and Interior Lot
Frontage
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Lot Line
1stLayer
courtyard
Building Footprint
I
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Lot
2nd layer
(20 feet)
Building Footprint
I courtyard
3rd layer
Interior
Lot
I
4th layer
Side Yard & Rear Yard
Buildings
1st layer is located between the lot line and the
required setback line or facade line.
2nd layer is the first 20 feet behind the 1 st layer.
3rd layer is the portion of the lot that is not the 1 st
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-thru lane prohibited on frontage(s).
Courtyard Buildings
1st layer is located between the 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 1 st,
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, services areas, and trash/recycling
facilities prohibited on frontage(s).
Drive-thru lane prohibited on frontage(s).
City Council Draft 04062011 35
Downtown Zoning Code Section 6. Site Planning and Development Standards
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.
Minor Exception
Minimum of 4 feet interior width for landscaped area with trees.
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
Minor Exception
those areas landscaped with native plants not requiring irrigation.
Plans
Landscaping plan is required.
None
Model Water Efficiency
Landscaping and irrigation plans for development projects shall comply with the
None
Landscape Ordinance
State of California Model Water Efficiency Landscape Ordinance.
(MWELO)
Landscaping and irrigation plans submitted as part of the development permit ap-
plication shall demonstrate compliance with the most recently adopted version of
the MWELO unless superseded by City ordinance.
Safety - location/size of
Shall not interfere with safe sight distances for vehicular, bicycle, or pedestrian
None
planting at maturity
traffic; conflict with overhead power lines; or block pedestrian or bicycle ways.
Species (3)
Species shall be selected based on their adaptability to climatic, geological and
As allowed by
topographical conditions of the site.
Tables 21-26
Native, drought tolerant species known to grow well in Ukiah's climate
are encouraged.
Trees (4)(5)
Existing
Shall be retained and preserved as required in Section 10: Tree Preservation and
As allowed by
Planting Requirements.
Tables 18 and 19
Location
Shall not be planted under any eave, overhang, balcony, light standard, or other
Minor Exception (2)
structure that may interfere with normal growth.
Root Barriers
Required for tree planters less than 10 feet in width or located closer than 5 feet
Minor Exception (2)
from a permanent structure.
Parking Lot Trees
See Section 10: 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)
UCC Section
Street Trees - species,
See Section 10: Tree Preservation and Planting Requirements
As allowed by
additional requirements
Tables 21,22, 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.
Minor Exception
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.
Crushed rock, pebbles,
Allowed up to 15% of the total area to be landscaped.
Minor Exception
stone, similar materials
Planting beds
Top dressed with a bark chip mulch or other approved alternative.
Minor Exception
Artificial or synthetic
Prohibited
Major Exception
groundcover or shrubs
Irrigation
Design
To reduce water usage.
None
Plans
Conceptual irrigation plan is required as part of the landscaping plan.
None
1. See Section 12: Administration and Procedures.
2. 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.
3. See Tables 20-25 for specific species requirements for street trees, parking lots and riparian corridors.
4. Where the requirements of this Table conflict with the requirements of Section 9: Parking Requirements and Design Standards, the requirements of Sec-
tion 10 shall control.
5. Where the requirements of this Table conflict with the requirements of Section 10: Tree Preservation and Planting Requirements, the requirements of
Section 10 shall control.
City Council Drafl_04062011 36
Downtown Zoning Code Section 6. Site Planning and Development Standards
Table 10: Landscaping Standards for All Developments continued
STANDARDS
ALL ZONES
MODIFICATION TO
STANDARDS (1)
Maintenance Requirements
Fertilizer
Only used on trees during planting.
None (2)
Shrubs may receive periodic fertilizer according the recommendations of a
landscaping professional.
Irrigation
In working conditions at all times.
None (2)
Litter
Removed from landscaped areas on a regular basis.
None (2)
Pruning (3)
All trees shall be properly pruned.
None (2)
Top cutting of trees is prohibited.
All pruning shall follow industry best practices to ensure long-term health
and vitality.
Replacement - tree,
Any landscaping that dies, fails to grow or is unhealthy due to pests, damage,
None (2)
shrub, groundcover
disease, 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 - inspection
Ties and stakes to be inspected by the property owner or their designated repre-
None (2)
sentative every 6 months to ensure they do not constrict the trunks and damage
the tree.
Stakes - removal
Ties and stakes to be removed by the property owner or their designated represen-
None (2)
tative after 1 to 3 years to ensure they do not damage the trunk of the tree and its
overall growth.
Turf areas
Mowed on a regular basis and kept green and weed free at all times.
None (2)
Watering
Regular slow deep watering when feasible fluctuating to provide more water in the
None (2)
summer and less water in the winter. (4)
Weed killer
Shall not be used on or near trees.
None (2)
1. See Section 12: Administration and Procedures.
2. No modification is allowed to maintenance requirements is allowed. Maintenance requirements are provided to ensure the long term health and viability of
landscaping and trees.
3. For information regarding proper pruning techniques, see the International Society of Arboriculture web site, www.isa-arbor.com.
4. Turf areas are not required to be kept green during times of mandatory water conservation, water moratorium , or a declared water emergency.
City Council Draft_04062011 37
Downtown Zoning Code Section 7. Architectural Standards
Se ~Amon
Artrhifnr-fiirnl CfnnrInrrfc
Table 11: Frontage Type and Storefront Standards
STANDARDS
GENERAL URBAN
URBAN CENTER
DOWNTOWN CORE
MODIFICATION TO
(1) (2)
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STANDARD (3)
FACADE ORIENTATION
Relationship to
Parallel to Principal
Parallel to Principal
Parallel to Principal
Minor Exception
Frontage Line
Frontage Line(s)
Frontage Line(s) for
Frontage Line(s) for
70% of its length
80% of its length
Location of Principal
On the Frontage Line
On the Frontage Line
On the Frontage Line
Major Exception
Pedestrian Entrance
(4)
(4)
(4)
Corner Treatment
Ground floor located behind the sidewalk shall wrap the corner in circular,
Major Exception
chamfered, or similar manner.
Turrets are encouraged for corner buildings.
Existing Building (5)
Exterior modifications and additions to existing buildings with non-conforming
Major Exception
facade orientation shall utilize an allowed frontage type as required by
Table 6: Standards for Principal Buildings.
STOREFRONT FRONTAGES (6) - GROUND LEVEL
Entrance -
Primary entry facing the corner. Additional (secondary entries) may be
Major Exception
Corner Building
located along the frontage lines.
Entrance - Height
Flush with sidewalk grade except as required for compliance with Flood Plain
Minor Exception
Management requirements (Ukiah City Code, Chapter 6)
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
Minor Exception
buildings, the maximum width of a single facade style shall be 75 feet.
See Design Appendix
Floor Height - Minimum
12-feet clear measured from the surface of the floor to bottom of the ceiling.
Minor Exception
Story height shall not exceed 14 feet.
Door Spacing on
Operable front doors spaced a maximum of 30 feet apart
Minor Exception
Frontage(s) (7)
along the block face. (8)
Glazing
Clear glass over a minimum of 70% of the ground level facade(s).
Minor Exception
Prohibited: opaque or mirrored glazing
AWNINGS, GALLERIES, AND ARCADES
Materials
Metal, cloth, wood
Minor Exception
Prohibited: Acrylic (hard)
Functionality
When located on the south or west elevation, located to provide
Minor Exception
shading of the interior of the building.
Existing Awning
An existing frame that does not comply with the functionality requirement
Minor Exception
may be recovered.
Materials shall comply with the materials noted above.
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 13: Glossary for an explanation of terns.
3. See Section 12: Administration and Procedures.
4. On corner lots, orientation of the principal pedestrian entrance shall be to the corner.
5. Existing buildings with non-conforming frontage types may retain the existing facade when making interior modifications that do not affect the exterior of
the building.
6. Refer the Figure 9: Special Designations Map for locations of "Required" and "Recommended" Storefront Frontages.
7. Where Shopfront Frontage is required by Figure 9: Special Designations Map.
8. 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.
9. Encroachment into the public right-of-way may be allowed with approval of the review authority and the Public Works Department.
10. An exception is not required in order to encroach into the setback. Approval of the Planning Department, Public Works Department, and Electric Depart-
ment is required.
City Council Draft_04062011 38
Downtown Zoning Code Section 7. Architectural Standards
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
Maximum opening of 75% of total building wall area
Minor Exception
Opening
for each facade or elevation.
Above First Story -
Minimum opening of 25% of total building wall area
Minor Exception
Minimum Opening
for each facade or elevation
Arcades, galleries, windows,
Vertical or square orientation.
Minor Exception
etc.
Horizontal orientation is prohibited.
Orientation
Doors and Windows - Slider
Prohibited along Frontages.
Major Exception
Operation
Doors and Windows - Faux
Prohibited
Major Exception
(e.g. Flush/Nail-On)
Doors and Windows -
Minimum 3-inch recess required on Facade(s),
Minor Exception
Recess
measured from the wall of the facade.
Wndow - 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
Facade(s) - Primary Exterior
Brick, wood siding, fiber cement siding, stucco
Minor Exception
Finish (6)
Facade - Location
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
Allowed and encouraged in compliance with all applicable Building Code require-
None (7)
Garden
ments.
Flat Roof - Parapet
Enclosed by a parapet with a minimum height of 42-inches or
Minor Exception
as needed to screen mechanical equipment.
Sloped Roof - Pitch
Sloped symmetrically with a minimum pitch of 5:12.
Minor Exception
Shed roof may have a minimum pitch of 2:12.
Photo Voltaic - Location
On a sloped roof, shall be flush mounted.
Minor Exception
On a flat roof, shall be flush mounted or if tilted shall not extend above the parapet
of the roof.
Roof Slope
Shall be designed to accommodate photovoltaic.
Minor Exception
Accessory Structures
Allowed in compliance with all applicable Building Code Requirements and subject
Minor Exception
to the development standards for accessory buildings. (8)
Examples include trellis, pergola, gazebo and other similar structures as
determined by the Planning Director.
ANCHOR BUILDINGS (9)
Facade Design
Building length shall be visually reduced by varying building and/or parapet heights.
Major Exception
The use of different colors and materials should also be considered.
1. Encroachment into the public right-of-way requires approval of an encroachment permit from the Public Works Department.
2. See Section 13: Glossary for an explanation of terms.
3. See Section 12: Administration and Procedures.
4. Unless subject to the requirements of Table13: 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 any building with a facade width of 75 feet or more.
City Council Draft_04062011 39
Downtown Zoning Code Section 8. Historical Building Standards
Section 8: Historical Building Standards
8.010: Historical Building Standards. All proposed modifications to buildings listed on the City's Historical and
Architectural Inventory or buildings that are more than 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).
City a
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
Major Exception
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.
Conversion of Use - Residential
Preserve the residential characteristics of
Major Exception
Building
the building's original architecture.
Demolition (as defined by UCC
Allowed only with City Council approval consistent with
City Council
Section 3016(A))
Ukiah City Code Section 3016.
Approval
Improvement, Rehabilitation, and
Reflect a period of the building's development consistent with its historical,
Major Exception
Restoration
cultural, or architectural importance or interest.
Major Structural Modification
Preserve the building facade if the building cannot be preserved.
Major Exception
Renovation -Residential Building
Preserve residential characteristics of the building's original architecture.
Major Exception
Significant Facade Modification
Allowed only with City Council approval consistent with
City Council
Ukiah City Code Section 3016.
Approval
RENOVATION FOR ACCESSIBILITY (1)
Lifts and Ramps
Incorporate into another feature, screen with landscape, and/or finish to match
Major Exception
the adjoining materials.
Materials - General
Compatible with the building's original materials
Major Exception
Materials - Handrail
Metal or wood.
Major Exception
Wire and cable are prohibited.
Materials - Wood
Paint or stain to match the building.
Major Exception
Openings & Ramps
Locate and design to minimize impact on historic and architecturally significant
Major Exception
materials and character defining features. (2)
DOORS
Original
Maintain original door openings and trim on facades in their
Major Exception (3)
unaltered condition.
Replacement -Design
Reflect the character and style of the building.
Major Exception
Replacement -Materials
Replacement of original materials shall be with in kind materials.
Major Exception
Replacement of non-original materials shall be compatible with
materials for the building (4).
Modifications
Elimination, addition, or modification of the original size and shape of fagade
Major Exception (3)
door openings is prohibited.
WINDOWS
Openings
Elimination of existing and addition of new openings is prohibited on facades
Major Exception (3)
and highly visible elevations.
Original
Maintain and repair original openings, trim and any shutters.
Major Exception
Replacement - Non-Original
No modification to the existing opening.
Major Exception
Windows
Replacement Materials - Non
Shall be compatible with the existing building.
Major Exception
Original Windows
Alternate materials may be considered if they are of similar appearance and ft
the opening properly.
Replacement - Original Windows
On the facades, the size, dimensions, shape, design, pattern, and
Major Exception
materials shall match the original.
Replacement Materials - Original
Materials for the window, trim, and any shutters shall be the same
Major Exception
Windows
as the original.
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 alter-
nate entrance.
ur~eil &P6r6a hMW by Major Exception.. the alterations shall minimize the impact to the historic character of the building.
40
Downtown Zoning Code Section 8. Historical Building Standards
Table 13: Historical Building Standards
STANDARDS
ALL ZONES
MODIFICATION
TO STANDARD
STOREFRONTS
Entrance - Existing
Retain or restore original location, proportion and details
If no documentation of original exists, a simplified detail shall be used.
Major Exception
New Storefront Facade
Where no documentation of original exists, traditional or modern design and
materials may be proposed, provided they do not detract from the
building or neighboring buildings.
Major Exception
Original Proportions
Maintain when performing restoration, renovation, or reconstruction.
Major Exception
AWNINGS AND CANOPIES
Design
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
Shall not cover important architectural features.
Major Exception
Proportion
Fit to window openings.
Major Exception
Storefront
Shall reflect fagade configuration and proportions,
without overpowering the building.
Major Exception
SIDING
Masonry
Retain and restore.
Repair with in-kind materials.
Major Exception
Masonry - Replacement
Use salvage material.
When not available, new shall match the original in size, color, uniformity
and texture.
Major Exception
Non-Masonry
Repair and restore using the original wood siding or in-kind salvage material.
When 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
Trim & Details
Do not cover original trim and details.
Major Exception
TRIM AND ORNAMENTATION
Missing Original - decorative
details
Replicate from documentation of original details or, when not available,
from similar buildings.
Major Exception
New - trim & decorative elements
Shall not cover original details.
Major Exception
Original - cornice, trim & decora-
tive 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 roof character.
Minor Exception
Mechanical & 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
PORCH
(Not an approved frontage type - See Table 6 and Section 6.060)
Original
Retain and repair with in kind materials.
Major Exception
Original -Alterations
Minimize the effects on the historic character.
Major Exception
Original - Rebuilding
Duplicate the original porch design, shape, materials, and details.
Major Exception
Original - Replacement of Missing
Allowed with documentation of the original porch.
The replacement porch shall duplicate the design, shape, materials, and details
of the original.
Refer to Process for
Change to Frontage
Type
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 alter-
nate entrance.
3. When allowed by Major Exception, the alterations shall minimize the impact to the historic character of the building.
City Council Draft_04062011 41
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
Section 9: Parking Standards and Procedures
9.010: 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 this Section. No building shall be occupied and no land use
shall commence until the improvements required by this Section are completed and approved by the Plan-
ning Director.
9.020: 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 compli-
ance with Section 9.030.
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 site may be counted toward fulfilling the park-
ing requirements.
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
Lodging
One (1) per quest room or suite
No additional parking is required for accessory facilities, such as restaurants,
meeting rooms, swimming pools, etc.
Major Exception
Office
1 for very 300 gross square feet
Major Exception
Residential
1.5 per dwelling unit 1.0 per dwelling unit 1.0 per dwelling unit
Major Exception
Restaurant
1 for every 300 gross square feet
Major Exception
Retail
1 for every 300 gross square feet
Major Exception
Other
To be determined by Major Exception
Major Exception
Bicycle Parking
All Uses A minimum of 10% of the number of vehicle parking spaces required by this Table. Major Exception
1. See Section 12: Administration and Procedures.
D. Downtown Parking Improvement District - Exemption. All existing commercial structures as of Janu-
ary 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 9.020. 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.
9.030: Reduction of Required Vehicle Parking. The parking required by Table 14 may be reduced in the fol-
lowing 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 the number of parking spaces required by Table 14: Number of Parking Spaces
Required by Zone, multiplied by the Shared Parking Factor applicable to the mix of uses.
City Council Draft 04062011 42
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
Table 15: Vehicular Shared Parking Factor
USE
Lodging
Office
Residential
Retail
Lodging
1.0
0.60
0.90
0.77
Office
0.60
1.0
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, dis-
abilities, household size, or other factors that support a finding of reduced parking demand. An agree-
ment 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.
C. Affordable Housing Projects. In any district, the Planning Director may approve a reduction in park-
ing requirements not exceeding twenty percent (20%) for housing projects with at least four 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.
E. Bicycle Parking Facility. A reduction of parking spaces may be granted to projects involving new con-
struction 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 spaces under this subsection. A bicycle park-
ing 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 the Downtown Parking District may locate required
parking away from the site of the proposed use.
1. Less than 1/4 Mile. Off-site parking may be located up to 1/4 mile from the site it serves with ap-
proval of an Minor Exception.
2. More than 1/4 Mile. Off-site parking may be located more than 1/4 mile from the site it serves
may be considered by Major Exception. When considering the location of parking more than 1/4
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.
3. 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 permeable
parking areas as allowed by Table 17: Parking Design Standards (Surfacing), the number of parking
spaces required shall be reduced by twenty percent (20%). If only a fraction of the parking area is pro-
City Council Draft_04062011 43
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
vided with a permeable surface, then only a proportionate fraction of the twenty percent (20%) reduction
in the parking requirement shall be granted.
H. In-Lieu Fees.
1. Owners of property (a single parcel or combination of contiguous parcels) smaller than 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 de-
veloped as an outdoor component of the project.
2. Owners who propose to construct, demolish, reconstruct or make structural additions to a com-
mercial structure on a parcel of land consisting of less than 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 UCC Sections 9542 and 9544.
3. 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.
4. Prior to the issuance of a building permit, the property owner shall pay the required in-lieu fee to
the City.
9.040: 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.
9.050: 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 9030(F): 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 6.070: Layers.
9.060: Parking Stalls and Drive Aisles. Parking facilities and stalls shall be designed with the dimensions in-
cluded in Table 16: Minimum parking Space and Aisles Dimensions and as illustrated in Figure 5: Minimum
Parking Space and Aisle Dimensions.
A. Compact Stalls. A maximum of thirty percent of the required parking spaces may be compact spaces.
Compact stalls shall be 8 feet in width and 16 feet in length and marked as compact.
B. Unistalls. Unistalls may be used in place of a combination of standard and compact parking stalls.
Unistalls shall be 8.5 feet in width and 18 feet 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 dimen-
sions set forth in Section 9.060. Such obstructions shall not interfere with vehicular movement, parking
or the opening of vehicle doors.
City Council Draft 04062011 44
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
Table 16: Minimum Parking Space and Aisle Dimensions
Standard Park
ing 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
9 feet
19.0 feet
24 feet
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 C-F shall be adjusted proportionally.
Figure 5: Minimum Parking Space and Aisle Dimensions
L
City Council Draft_04062011 45
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
Table 17: Parking Design Standards - Open Parking and Parking Garages
STANDARD (1)
ALL ZONES
MODIFICATION
TO STANDARD (2)
OPEN PARKING
Courtyard Building
Allowed in 4th layer only (See Figure 4B)
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 Building Type
To Be Determined By Major Exception
Major Exception
Existing Open Parking - No
Existing parking facilities that are non-conforming in terms of
None
Modification or Expansion
location (layer) are not required to be relocated to comply with the
parking layer requirement.
Existing Parking Facility -
Modifications to existing parking facilities shall comply with the
Minor Exception
Modification
requirements of Tables 16, 17, 18
Existing Parking Facility -
The expansions of existing parking facilities shall comply with the
Minor Exception
Expansion
requirements of this table.
ACCESS
Location
Parking, including garages shall be accessed from an alley or secondary
Minor Exception
frontage when possible.
Opening Width
Shall not exceed two lanes in width.
Minor Exception (4)
Parking Lot or Garage
Pedestrian Entrance
Entrances to all parking lots and parking garages shall be directly from a
Minor Exception (4)
frontage line.
Only underground parking garages may be entered directly
from the building.
Pedestrian Pathway
Parking lots with more than 12 parking spaces shall provide a pedestrian
Major Exception
path of travel incorporated into the landscape area or separate from the
drive aisles.
Vehicular Clearance
Parking areas for non-residential uses shall maintain a minimum
Minor Exception (4)
unobstructed clearance height of 14 feet above areas accessible to
vehicles.
Shared Access- Adjacent
For efficient circulation, safety, and convenience, shared access to on-site
None
Sites
parking areas on adjacent properties is encouraged.
Shared pedestrian access between adjacent properties
is also strongly encouraged.
Vehicle Overhang
Vehicle may overhang a maximum of 2 feet into landscape area.
SURFACING AND STRIPING
Surfacing - parking spaces
Durable, dust free, all-weather surfaces consistent with City standards.
Major Exception
and maneuvering areas
Permeable surfaces (5) are encouraged pursuant to the approval of the
Public Works Department and Fire Marshal.
Striping - Vehicle Spaces
Understandable markings to indicate where vehicles should park. Subtle
Minor Exception (4)
markings such as contrasting colors in paving stones are encouraged.
Restriping
Planning Director approval of a restriping plan is required.
None
1. See Section 13: Glossary for an explanation of terms.
2. See Section 12: 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 Gravelpave products, or an approved
equivalent.
City Council Drafl_04062011 46
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
Table 18: Open Parking Lot Design Standards
STANDARD
ALL ZONES
MODIFICATION
TO STANDARD (1)
LANDSCAPING
Amount - % of parcel area
Wthin and/or around the parking area at a minimum ratio of 10% of the gross
Minor Exception
area of the parking lot.
Live Planting - %
A minimum of 50% of the landscaped area shall be live plantings.
Minor Exception
Perimeter
Landscaping shall be provided around the perimeter of the parking lot and shall
Minor Exception
include trees, shrubs and groundcover.
Trees - Deciduous
Majority of trees along the west and south building elevations/facades shall be
Minor Exception
deciduous.
Trees - Non-deciduous
Non-deciduous 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
Minor Exception
achieve 50% canopy coverage of paved area at maturity, whichever is greater.
Size of plantings
Trees: Minimum size of #15. Larger trees are encouraged.
Minor Exception
Shrubs: 5 gallon
Species
Native, drought tolerant, or those known to grow well in Ukiah's climate are
Minor Exception
required.
Existing Facilities
Existing open parking facilities as of the date of the adoption of this Code shall
None
be considered legal non-conforming provided that they were legal at the time of
their creation.
Existing Facilities -
When existing parking facilities that are legal non-conforming are
Minor Exception
expansion of legal non-con-
expanded, the expansion area shall conform with the provisions of this Table.
forming parking area
Retrofitting of the existing parking area to conform with the provisions of this
Table is strongly encouraged.
Existing Facilities - expan-
When existing parking facilities are expanded that are not legal non-conforming
Major Exception
sion of existing parking area
and do not comply with the requirements of this Table, the expansion area and
(not legal non-conforming)
the existing parking area shall be made to comply with the provisions of this
Table.
IRRIGATION
See Section 6: Site Planning and Development Standards,
Table 10: Landscaping Standards for All Developments
LIGHTING
See Section 6: Site Planning and Development Standards,
Table 9: Development Standards for All Land Uses
1. See Section 12: Administration and Procedures.
City Council Draft_04062011 47
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
Figure 6: Liner Building Concept
With a liner building, the parking may be located in the first and second layers since the parking is "lined" with a
building and is not visible from the public frontage.
~ I \
i
,d
A A „ STt T
part~u c~ 'Dec-v- Acbu VL:r P\-,
I d
'ice
I ~
I=~
m
City Council Draft 04062011 48
Downtown Zoning Code Section 9. Parking Requirements and Design Standards
Figure 7: Conceptual Live-Work Park Under Floor Plan
SA K
0
Zwb
c~11a1,d,
WAN }
y
STa~rc'C `-.ilafc
'Mt11_/
W6%
NO U40W
C.w it o K
wvlw p -
CMvuO K.
Garage Concept
This conceptual plan provides the
option of ground floor parking or
ground floor work space.
If the garage is designed to look
like a building and is accessed
from an alley rather than the street,
the garage could be located in the
first or second layer.
Work/Flex
This concept does not include
parking as part of the building.
Parking could be provided along
the frontage of the site, in an open
parking lot on the site in compli-
ance with the parking layer re-
quirements, or in a shared parking
structure, or off-site.
Liner Concept Illustration
The live/work concept illustrated
in Figure 7: Conceptual Live-Work
Park Under Floor Plan could be
used as the liner units.
Number of Stories
The number of stories is deter-
mined by the zoning district (GU,
UC, DC) and is subject to Airport
Zone Height Restrictions.
City Council Draft 04062011 49
Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
Section 10: Tree Preservation and Planting Requirements
10.010: Purpose. The City of Ukiah acknowledges the importance of trees to the community's health, safety, wel-
fare, and tranquility. Trees are a source of beauty, provide shade and other environmental benefits, en-
hance 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 this Section is to identify protected trees and landmark trees and to establish the tree plant-
ing requirements for street trees, parking lots, and riparian corridors, and tree protection requirements.
10.020: Applicability. This Section shall apply to new development and redevelopment within the boundaries of
this Code as shown on the Zoning Map (Figure 1).
10.030: Tree Preservation.
A. Protected Trees. Table 19: Protected Trees identifies the trees that are protected within the boundar-
ies 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 designates specific trees as landmark trees. The trees
included in Table 20 were selected as worthy of landmark status based on one of more of the following
characteristics: 1) outstanding specimen of a species desirable to the community 2) one of the largest
or oldest trees in the City of Ukiah 3) historical/commemorative interest 4) distinctive form and/or aes-
thetic appeal and/or 5) 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.
1. The design of every development project shall recognize the desirability of preserving the pro-
tected trees identified in Table19: Protected Trees and Table 20: Landmark Trees 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 recommend-
ed by the consulting arborist, horticulturist, or landscape architect.
2. 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.
3. 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.
City Council Draft 04062011 50
Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
4. Grading and landscaping plans shall implement the approved tree preservation plan. The loca-
tions 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 long-
term health of the tree(s).
1. Prior to initiating any construction activity on a construction project, including demolition or grad-
ing, 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 activi-
ties, 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 time
with tree protection fencing. No encroachment into the TPZ is allowed at any time without ap-
proval 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 subcontrac-
tors as to the purpose and importance of fencing and preservation.
5. No grading shall occur within the protective barriers without approval by the Planning Director.
6. No attachments or wires other than those of a protective and non-damaging nature shall be at-
tached 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 dam-
age.
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 section 10.030(C3) approved for removal as
part of a development project shall be replaced at a ratio determined by the conditions of approv-
al 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.
City Council Draft 04062011 51
Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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, with the exception of protected trees approved for removal by the approving body
in relation to a development application.
3. Street Trees. If the City authorizes removal of a street tree in connection with a development
project, it shall specify the replacement requirements in the permit authorizing removal.
F. Exceptions. The removal or relocation of protected trees is exempt from the provisions of this Sec-
tion under the following circumstances:
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.
2. Traffic Visibility Obstructions. To maintain adequate line of sight distances as required by the
City's Director of Public Works.
3. Public Utility Damage. To protection of existing electrical power or communications lines.
4. Damage to Building Foundation. To prevent damage to the foundation of existing buildings.
10.040: Planting Requirements.
A. 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:
1. Operable irrigation system;
2. Tree wells a minimum of 4-feet by 4-feet;
3. Root barriers when required by the Department of Public Works;
4. Trees grates when required by the Department of Public Works;
5. Structural soil when required by the Department of Public Works or Planning Department; and
6. One street tree for every 30 feet 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 overhead lines and the purpose requirements of this Code.
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 #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
City Council Draft 04062011 52
Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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 6, Table 10: Landscaping Standards for All Development and Section 9, Table 17: Open
Parking Lot Standards.
10.050: Street Tree Design Principles. The spacing and species selected for use as street trees and included in
Tables 20: Required Street Trees for Primary Streets, Table 21: Alternate Street Trees for Primary Streets
and Table 22: Required Street Trees for Non-Primary 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, per-
mitting 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 are 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.
10.060: 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 resepctively. These tables also includes information regard-
ing 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 and were selected based on hardiness, drought tolerance, native/local preference, as well as unifying
design principles.
10.070: 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 deci-
sion making body for the project (e.g. Planning Director, Zoning Administrator, Planning Commission) as
determined by Section 12: 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 the Tables 21 and 24 were selected
based on their ability to tolerate various site constraints, such as limited overhead or root space.
City Council Draft_04062011 53
Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
Table 19: Protected Trees
COMMON NAME
SIZE (2)
MODIFICATION
SCIENTIFIC NAME (1)
TO STANDARD (3)
Black Oak
5 inches DBH
Major Exception
Quercus kelloggii
Blue Oak
5 inches DBH
Major Exception
Quercus douglasi
Coast Live Oak
5 inches DBH
Major Exception
Quercus agrifolia
Cork Oak
5 inches DBH
Major Exception
Quercus suber
Interior Live Oak
5 inches DBH
Major Exception
Quercus wislizenii
Oracle Oak
5 inches DBH
Major Exception
Quercus x morehus
Oregon Oak
5 inches DBH
Major Exception
Quercus garryana
Valley Oak
5 inches DBH
Major Exception
Quercus /obata
White Oak
5 inches DBH
Major Exception
Quercus
Other native California Oak
5 inches DBH
Major Exception
California Buckeye
6 inches DBH
Major Exception
Aesculus, californica
California Bay
8 inches DBH
Major Exception
Umbellaria, californica
California or Coast Redwood
12 inches DBH
Major Exception
Sequoia
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
N/A
Major Exception (4)
mitigation or condition of approval for a discretionary development
application or other development permit
1. See Section 13: 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 process
at least one trunk with the above diameter (based on species) to be considered protected. Smaller trees may also be protected under special circum-
stances and shall be considered on a case by case basis during the development review process.
3. See Section 12: 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.
City Council Draft_04062011 54
Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
Table 20: Landmark Trees on Private Property (1)
COMMON NAME LOCATION NUMBER MODIFICATION
SCIENTIFIC NAME OF TO STANDARD
TREES (2)
Valley Oak
Quercus lobata
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Lebanon Cedar
Cedrus libani
Dawn Redwood
Metasequoia glyptosroboides
Cork Oak
Quercus suber
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Coast Redwood
Sequoia sempervirens
Valley Oak
Quercus lobata
Valley Oak
Quercus lobata
Coast Redwood
216
Sequoia sempervirens
Coast Redwood
400
Sequoia sempervirens
Canyon Live Oak
400
Quercus chrysolepis
Valley Oak
400
Quercus lobata
Interior Live Oak
400
Quercus wislizanli
Coast Redwood
Sequoia sempervirens
Oak
Quercus
Southern Magnolia
Magnolia grandiflora
Tulip Magnolia
Magnolia soulangiana
Dawn Redwood
Metasequoia glyptosroboides
Willows (numerous varities
Gibs
Salix), cottonwoods, black walnut, live
oak, valley oak
1. See also Table 19: Protected Trees.
2. See Section 12: Administration and Procedures.
225 East Perkins Street
410 East Perkins Street
Perkins Street at Pear Tree Center
Perkins Street at Pear Tree Center
North School Street at West Standley i 2
107 Oak Street at the Saturday Afternoon Club
107 Oak Street at the Saturday Afternoon Club
108 Oak Street
265 Clay Street
220 Mason Street
320 Main Street
324 Main Street
West Henry Street at Foundation for Medical Care
Block North School Street - east side in parking lot
Block North School Street - east side in parking lot
Block North School Street - east side in parking lot
Block North School Street - east side in parking lot
100 Block of Norton Street
North State Street in front of the courthouse
North State Street in front of the courthouse
North State Street southeast corner
in front of the courthouse
Corner of Standley and School Streets
in front of the courthouse
on Creek corridor from Perkins Street to Leslie Street
6
4
11
2
1
2
1
2
1
1
2
6
1
1
2
2
1
1
2
2
2
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
Major Exception
City Council Draft_04062011 55
n
10.080: Required Street Trees. Table 21: Required Street Trees identifies the street 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, other street trees in
o the area. The intent is to create a unifying theme consistent with the Street Tree Design Principles included in Section 10.050 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 (1) tree identified
to be used at intersections and opportunities to select from several species for planting within the block.
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Table 21: Required Street Trees for Primary Streets
Common Name
Average
Average
Evergreen
Drought
Native
Canopy
Suitability/Compatibility
Location
Modification to
Height
Spread
or
Tolerant
(Yes/No)
Type
Roots &
Overhead
Canopy &
Requirements
Standard
Scientific Name
(feet)
(feet)
Deciduous
Confined
Wires
Confined
Spaces
Spaces
Characteristics
Main Street
Chinese Pistache
40 ft.
40 ft.
Deciduous
Yes
No
Round
Moderate
No
No
Supplement existing
Minor Exception (1)(2)
Pistacia Chinesis
only at intersection of
Perkins Street and State
Street
Holly Oak
35 ft.
35 ft.
Evergreen
Yes
No
Round
Moderate
Yes
Moderate
Use at all Intersections
Minor Exception (1)(2)
Quercus ilex
Red Oak
70 ft.
50 ft.
Deciduous
Yes
No
Spreading
No
No
No
Slow growth,
Minor Exception (1)(2)
Quercus rubra
attractive shade tree
Valley Oak
70 ft.
50 ft.
Deciduous
Moderate
Yes
Round
No
No
No
At library parking lot,
Minor Exception (1)(2)
Quercus lobata
with deep
pocket park and Gibson
soil
Creek
Perkins Street Entry Gateway - From Orchard Street to School Street
Black Oak
50 ft.
40 ft.
Deciduous
Yes
Yes
Round
Moderate
No
No
Predominate street tree
Minor Exception (1)(2)
Quercus kelloggii
for Perkins Street.
Native oak species
Holly Oak
35 ft.
35 ft.
Evergreen
Yes
No
Round
Moderate
Yes
Moderate
Moderate growth rate,
Minor Exception (1)(2)
Quercus ilex
to compliment existing
Dwarf Southern Magnolia
25 ft.
15 ft.
Evergreen
Moderate
No
Fastigiate
Yes
Yes
Yes
At intersection of
Minor Exception (1)(2)
Magnolia grandiflora 'Little
Perkins Street and
Gem'
State Street
School Street
Chinese Pistache
40 ft.
40 ft.
Deciduous
Yes
No
Round
Moderate
No
No
The only species to be
Minor Exception (1)(2)
Pistacia Chinesis
used on School Street
State Street
Interior Live Oak
35 ft.
40 ft.
Evergreen
Yes
Yes
Round
Yes
No
No
Use at intersections
Minor Exception (1)(2)
Quercus wislizanii
when adequate space
at bulb outs
London Sycamore
60 ft.
40 ft.
Deciduous
Yes
No
Broadly
Moderate
No
No
Predominate street tree
Minor Exception (1)(2)
Plantanus acerfolia
Pyramidal
for State Street.
'Bllodgood'
Well suited to local
conditions
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 Primary Streets.
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0 10.090: Alternate Street Trees for Primary Streets. Table 22 identifies the street 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 (1) 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.
g A. Exception Review and Considerations. The request for an Exception shall be reviewed by the Planning Department, Public Works Depart-
ment, and the Electric Utility Department. The Exception application shall include the following information in addition to the information required
by Table 29: Exception Procedures.
1. why species from the required tree list cannot be planted;
2. why the alternative species proposed is a preferred and appropriate substitute;
3. 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
4. other information as determined by the decision making body or reviewing departments.
v
Table 22: Alternate Street Trees for Primary Streets
Common Name
Average
Average
Evergreen
Drought
Native
Canopy
Suitability/Compatibility
Locational
Modification to
Height
Spread
or
Tolerant
(Yes/No)
Type
Roots &
Overhead
Canopy &
Requirements/
Standard
Scientific Name
(feet)
(feet)
Deciduous
Confined
wires
Confined
Characteristics
Spaces
Spaces
Main Street
Fastigiate English Oak
45 ft.
15 ft.
Deciduous
Moderate
No
Fastigiate
Yes
No
Yes
Fast upright growth for
Major Exception
Quercus robur `Fastigiate'
limited canopy
locations
European Hornbeam
50 ft.
30 ft.
Deciduous
Moderate
No
Oval
Yes
No
Yes
Fast growth.
Major Exception
Carpinus betulus
Needs water when
'Fa stigia ta'
young
Fruitless Olive
25 ft.
20 ft.
Evergreen
77__J
No
Round
Yes
Yes
Yes
Use at intersections
Major Exception
Olea europea `Swan Hill'
Perkins Street Entry Gateway - From Orchard Street to School Street
London Plane
60 ft.
40 ft.
Deciduous
Yes
No
Broadly
Moderate
No
No
Well suited to urban site
Major Exception
Plantanus acerfolia
Pyramidal
conditions, better choice
`Bloodgood'
for water retentive soils
Redbud
20 ft.
20 ft.
Deciduous
Yes
No
Vase
Yes
Yes
Yes
Suitable under utility
Major Exception
Cercis reniformis
lines, spring blooms
'Oklahoma'
Washington Hawthorne
25 ft.
20 ft.
Deciduous
Moderate
No
Vase
Yes
Yes
Yes
Suitable under utility
Major Exception
Crataegus phaenopyrum
lines, spring blooms/
fall color
State Street
Flowering Pear
40 ft.
30 ft.
Deciduous
Moderate
No
Pyramidal
Yes
No
Yes
Alternate to Platanus in
Major Exception
Pyrus ca/leryana
restrictive locations
Aristocrat'
Grecian Laurel
30 ft.
25 ft.
Evergreen
Yes
No
Pyramidal
Yes
Yes
Yes
Use at intersections for
Major Exception
Laurus nobilis
limited canopy
locations
School Street- There are no Alternate Street Trees for School Street
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10.100: Required Street Trees for Non-Primary Streets. Table 23 identifies the required street trees for all streets not included in Table 21. There are no
alternate trees for non-primary streets due to the wide variety of species included in Table 23. Requests to use a species not included in Table 23 requires
Planning Commission approval of a Major Exception. The Exception application shall include the items required by Section 10:090A(l)(2)(4) and Table 29.
Table 23: Required Street Trees for Non-Primary Streets
Common Name
Average
Average
Evergreen
Drought
Native
Canopy
Suitability/Compatibility
Location
Modification to
Height
Spread
or
Tolerant
(Yes/No)
Type
Roots &
Overhead
Canopy &
Requirements
Standard
Scientific Name
(feet)
(feet)
Deciduous
Confined
Wires
Confined
Spaces
Spaces
Characteristics
Chinese Pistache
40 ft.
40 ft.
Deciduous
Yes
No
Round
Moderate
No
No
Supplement existing
Major Exception
Pistacia Chinesis
only at intersection of
Perkins Street and State
Street
Dwarf Southern Magnolia
25 ft.
15 ft.
Evergreen
Moderate
No
Fastigiate
Yes
Yes
Yes
At intersections of
Major Exception
Magnolia grandifloria
Perkins Street and State
'Little Gem'
Street
European Hornbeam
50 ft.
30 ft.
Deciduous
Moderate
No
Oval
Yes
No
Yes
Fast growth, needs
Major Exception
Carpinus betulus 'Fastigiata'
water when young
Flowering Pear
40 ft.
30 ft.
Deciduous
Moderate
No
Pyramidal
Yes
No
Yes
Alternate to Plantanus
Major Exception
Pyrus calleryana
in restrictive locations
Aristocrat'
Fruitless Olive
25 ft.
20 ft.
Evergreen
Yes
No
Round
Yes
Yes
Yes
Use at intersections
Major Exception
Olea europea 'Swan Hill'
Grecian Laurel
. 30 ft.
25 ft.
Evergreen
Yes
No
Pyramidal
Yes
Yes
Yes
Use at intersections or
Major Exception
Laurus nobilis
limited canopy locations
London Plane
60 ft.
40 ft.
Deciduous
Yes
No
Broadly
Moderate
No
No
Well suited to urban site
Major Exception
Plantanus acerfolia
Pyramidal
conditions, better choice
'Bloodgood'
for water retentive soils
Oak, Black
50 ft.
40 ft.
Deciduous
Yes
Yes
Round
Moderate
No
No
Predominate street tree
Major Exception
Quercus kelloggii
for Perkins Street.
Native oak species
Oak, English Fastigiate
45 ft.
15 ft.
Deciduous
Moderate
No
Fastigiate
Yes
No
Yes
Fast upright growth for
Major Exception
Quercus robur `Fastigiata'
limited canopy locations
Oak, Holly
35 ft.
35 ft.
Evergreen
Yes
No
Round
Moderate
Yes
Moderate
Use at all Intersections
Major Exception
Quercus ilex
Oak, Interior Live
35 ft.
40 ft.
Evergreen
Yes
Yes
Round
Yes
No
No
Use at intersections
Major Exception
Quercus wislizanii
when adequate space
at bulb outs
Oak, Red
70 ft.
50 ft.
Deciduous
Yes
No
Spreading
No
No
No
Slow growth.
Major Exception
Quercus rubra
attractive shade tree
Oak, Valley
70 ft.
50 ft.
Deciduous
Moderate
Yes
Round
No
No
No
At library parking lot,
Major Exception
Quercus lobata
with deep
pocket park and Gibson
soil
Creek
Redbud
20 ft.
20 ft.
Deciduous
Yes
No
Vase
Yes
Yes
Yes
Suitable under utility
Major Exception
Cercis reniformis
lines, spring blooms
'Oklahoma'
Washington Hawthorne
25 ft.
20 ft.
Deciduous
Moderate
No
Vase
Yes
Yes
Yes
Suitable under utility
Major Exception
Crataegus phaenopyrum
lines scrinc blooms/
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10:110: Required Parking Lot Trees. Table 24: Required Parking Lot Trees identifies the tree species required to be planted in parking lots. Consid-
erations 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 con-
straints, 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 9: Parking Requirements and Parking Design
Standards, Table 18: Open Parking Lot Standards.
B. Landscaping Standards. The landscaping standards that apply to all development are included in Section 6: Site Planning and Development
Standards, Table 10: Landscaping Standards for All Development.
Table 24: Required Parking Lot Trees
Common Name
Average
Average
Evergreen
Drought
Native
Canopy
Suitability/Compatibility
Characteristics
Modification to
Scientific Name
Height
(feet)
Spread
(feet)
or
Deciduous
Tolerance
(Yes/No)
Type
Roots &
Confined
Overhead
Wires
Canopy &
Confined
Standard
Spaces
Spaces
Chinese Elm
40 ft.
40 ft.
Mostly
Moderate
No
Round
No
No
No
More rounded canopy
Minor Exception (1)(2)
Ulmus parvifolia 'Dynasty'
Evergreen
than species. Needs
training in youth
Ginkgo Biloba
50 ft.
35 ft.
Deciduous
Yes
No
Oval
Yes
No
No
Male selection, golden
Minor Exception (1)(2)
'Autumn Gold'
fall color
London Sycamore
50 ft.
40 ft.
Deciduous
Yes
No
Broadly
Yes
No
No
Quick growth.
Minor Exception (1)(2)
Platanus acerfolia
Pyramidal
Tolerates urban smog,
dust, reflected heat
Mulberry
30 ft.
45 ft.
Deciduous
Yes
No
Spreading
No
Moderate
No
Quick growth.
Minor Exception (1)(2)
Morus alba
Surface rooted
'Kingan' or'Fan-San'
Oak Interior Live
35 ft.
40 ft.
Evergreen
Yes
Yes
Round
Yes
No
No
Moderate growth rate.
Minor Exception (1)(2)
Quercus wislizenii
Long lived
Oak. Red
50 ft.
45 ft.
Deciduous
Moderate
No
Round
Yes
No
No
Quick growth.
Minor Exception (1)(2)
Quercus rubra
Great fall color
1. Zoning Administrator approval of a Minor Exception is required to use a tree species from Table 25: Alternate Parking Lot Trees.
2. Planning Commission approval of a Major Exception is required for use of a tree species not included in Table 24 or Table 25.
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10.120: Alternate Parking Lot Trees. Table 25: Alternate Parking Lot Trees identifies the tree species that may be used as a substitute for the required
o 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.
0
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.
1. why species from the required tree list cannot be planted;
2. why the alternative species proposed is a preferred and appropriate substitute; and
3. other information as determined by the decision making body or reviewing departments.
Table 25: Alternate Parking Lot Trees
Common Name
Average
Average
Evergreen
Drought
Native
Canopy
Suitability/Compatibility
Characteristics
Modification to
Height
Spread
or
Tolerance
(Yes/No)
Type
Roots &
Overhead
Canopy &
Standard
Scientific Name
(feet)
(feet)
Deciduous
Confined
Wires
Confined
Spaces
Spaces
Camphor Tree
40 ft.
45 ft.
Evergreen
Yes
No
Round
No
No
No
Needs room for best
Major Exception (1)
Cinnamomum camphora
appearance
Common Hackberry
45 ft.
35 ft.
Deciduous
Yes
No
Oval
Yes
No
No
Tolerates urban
Major Exception (1)
Celtis occidentalis
conditions
Japanese Pagoda Tree
40 ft.
40 ft.
Deciduous
Yes
No
Round
No
No
No
Mid-summer yellow
Major Exception (1)
Sophore japonica
blooms
Littleleaf Linden
40 ft.
30 ft.
Deciduous
Moderate
No
Pyramidal
Yes
No
Yes
Very uniform growth
Major Exception (1)
Tilia cordata 'Greenspire'
Madrone, Madrona
40 ft.
35 ft.
Evergreen
Yes
No
Oval
No
No
No
Moderate growth rate.
Major Exception (1)
Arbutus x 'Marina'
Best with root room
Sawleaf Zelkova
40 ft.
40 ft.
Deciduous
Yes
No
Rounded
Yes
No
Moderate
Quick growth.
Major Exception (1)
Zelkova serrate 'Village
Vase
Tolerates urban
Green'
conditions
1. Planning Commission approval of a Major Exception is required to use a species not included in this Table.
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10.130: Required Riparian Trees. Table 26: Required Riparian Trees identifies the tree species required to be planted in riparian areas. There is no al-
ternate 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.
1. why specie from the required tree list cannot be planted;
2. why the alternative species proposed is a preferred and appropriate substitute; and
3. other information as determined by the decision making body or reviewing departments.
Table 26: Required Riparian Trees
Common Name
Average Height
Average Spread
Evergreen
Drought
Native
Canopy Type
Location
Modification to
Scientific Name
(feet)
(feet)
or
Tolerance
(Yes/No)
Requirement
Standard
Deciduous
Arroyo Willow
25 ft.
25 ft.
Deciduous
No
Yes
Round
Gibson Creek
Major Exception
Salix lasiolepis
Big Leaf Maple
50 ft.
40 ft.
Deciduous
Moderate with
Yes
Spreading
Gibson Creek
Major Exception
Acer macrophyllum
deep soil
Buckeye
25 ft
25 ft.
Deciduous
Yes
Yes
Round
Gibson Creek
Major Exception
Aescukus californica
California Bay
30 ft.
30 ft.
Evergreen
Yes
Yes
Round
Gibson Creek
Major Exception
Umbellularia, californica
California Black Walnut
60 ft
40 ft.
Deciduous
Yes
Yes
Spreading
Gibson Creek
Major Exception
Julgans californica
hindsii
Red Willow
30 ft.
25 ft.
Deciduous
No
Yes
Round
Gibson Creek
Major Exception
Salix laevigata
Valley Oak
70 ft.
70 ft.
Deciduous
Yes
Yes
Spreading
Gibson Creek
Major Exception
Quercus lobata
White Alder
50 ft.
40 ft.
Deciduous
No
Yes
Fastigiate
Gibson Creek
Major Exception
Alnus rhombifoloia
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Downtown Zoning Code Section 11. Circulation Standards
Section 11: Circulation Standards
11.010: Purpose. 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.
11.020: Applicability. This section shall apply to the design and construction of a new or reconstructed street, alley,
or pedestrian/bike path within the boundaries of this Code shown on Figure 8: Circulation Map. No grading
or building permit shall be issued and no discretionary entitlement shall be approved unless the proposed
construction complies with this section.
11.030: 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 devel-
opment, or site redevelopment in order to comply with the development standards and circulation require-
ments of this Code.
11.040: Primary Streets. All existing streets within 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 activi-
ties.
11.050: Streets. Figure 8: Circulation Map identifies existing streets, extensions of existing streets, and improve-
ments to existing streets. Figures 18 to 23 are the required circulation sections for this Code.
A. Downtown Streetscape Improvement Plan. The Downtown Streetscape Improvement Plan ap-
proved 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 with in 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 development
shall comply with one of the sections allowed within the boundaries of this Code as shown in Figures
19-22. The appropriate street section will be determined as part of the development review process.
C. Required Street Extensions. This Code includes the following required extensions of existing
streets:
Clay Street. Clay Street extended across the railroad tracks to connect to Leslie Street. The ex-
tension 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 separate segments 1) Main Street to the railroad right-of-way which is an existing street that
would be improved to the street standards included in this Section 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-way intersection.
2. 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.
3. Stephenson Street. Stephenson Street extended from Main Street terminating at the railroad
right-of-way. This street extension is required if the parcels across which Stephenson Street would
be extended are assembled and redeveloped.
D. Recommended Street Extension. This Code includes the following recommended street extensions.
1. 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 ex-
City Council Draft 04062011 62
Downtown Zoning Code Section 11. Circulation Standards
tended are assembled and redeveloped. If Church Street is not extended as shown on Figure 7,
alternative circulation, such as a pedestrian/bike path, may be required in order to comply with
the minimum block perimeter standard. Compliance with the block perimeter requirement shall
be determined by Planning Commission as part of an application for a Major Exception as pre-
scribed in Table 29.
E. 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.
11.060: 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 devel-
opment 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.
11.070: Pedestrian/Bike Paths. Figure 8: Circulation Map identifies the location of required and recommended
pedestrian/bike paths.
A. Required Paths.
1. Gibson Creek Corridor. The required bike/pedestrian path shall be constructed as a Caltrans
Class I path.
2. Railroad Corridor. The required bike/pedestrian path shall be constructed as a Caltrans Class I
path.
3. Perkins Street at Pear Tree Center. One designated and dedicated pedestrian/bike path ex-
tending from Perkins Street into the west side of the Pear Tree Shopping Center as shown on
Figure 16. 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 Circu-
lation Map. The required path shall be constructed to the standards of a Caltrans Class I path.
B. Recommended Paths.
1. Block Perimeter. Caltrans Class I paths in lieu of construction of a Thoroughfare may be pro-
posed 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, pe-
destrian 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.
11.080: 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.
City Council Draft 04062011 63
Downtown Zoning Code Section 11. Circulation Standards
11.090: Exception to Circulation Design Standards. Deviations from the circulation design standards prescribed
in Section 11 may be allowed through the review of a specific subdivision or development proposal with ap-
proval of a Major Exception as prescribed in Section 12: Administration and Procedures.
A. Findings Required. In order to approve the alternative design, the applicable findings required by
Section 12 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 (eg. street, alley, pedestrian path) in its original alignment; and
2. Pedestrian amenities, such as adequate sidewalk width and street trees are provided.
11.100: Street Improvement Requirements. Each approved subdivision or other development project shall pro-
vide for their "fair share" construction of all portions of streets, alleys, and pedestrian paths shown on the
Circulation Map and shall be consistent with required alignments.
A. Exception to Required Alignment. The relocation of a required street, alley, or pedestrian path align-
ment may be allowed through the review of a specific subdivision or parcel development proposal with
approval of a Major Exception as prescribed in Section 12: Administration and Procedures.
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 align-
ment (for example, urban standards, architectural standards, landscape standards, and thorough-
fare standards).
2. The alternative alignment maintains connections with all other streets that intersected the subject
street in its original alignment.
3. The alternative alignment meets the block perimeter requirements of this Code.
11.110: Special Designations. The following special designations are shown on Figure 9: Special Designations.
These designations are located in visually prominent areas within the boundaries of this Code.
A. Required Storefront. Storefront frontage type (Shopfront and Awning, Arcade or Gallery) is required
for buildings located along the streets as identified on Figure 9: Special Designations Map.
B. Recommended Storefront. Storefront frontage type (Shopfront and Awning, Arcade or Gallery) is
recommended for buildings located along the streets as identified on Figure 17: Special Designations
Map, but are not required. Any frontage type that is allowed by the zoning district in which the project
site is located is allowed on buildings that are not located in an area identified as a Required Store-
front.
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
on Figure 9: Special Designations Map. The turret element shall be an integral and complementary
part of the overall building and site design.
City Council Draft 04062011 64
Downtown Zoning Code Section 11. Circulation Standards
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City Council Draft_04062011
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Downtown Zoning Code Section 11. Circulation Standards
Figure 10: Perkins Street
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Commercial Street
Movement
Slow Movement
Speed
25 mph
Traffic Flow
Two Ways
Curb Radius
10 feet
Sidewalk Width
13 foot Sidewalk
Planter Type
4-foot x 4-foot Tree Well
Street Trees
30-feet on Center Average
Note: An alternative to the median shown in this street section is a Class 11 bike path. If the available right-
of-way does not allow a Class 11 bike path, a Class 111 bike path may be installed subject to approval of the
Public Works Department.
City Council Draft_04062011 67
P/L 75' Right of Way P/L
Downtown Zoning Code Section 11. Circulation Standards
Figure 11: Commercial Street with Parallel Parking and Bike Lanes
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Movement
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Speed
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Traffic Flow
Two Ways
Bike Lanes
5-foot Bike Lane on both sides
Curb Radius
15 feet, less at Bulb Outs
Sidewalk Width
13 foot Sidewalk
Planter Type
4-foot x 4-foot Tree Well
Street Trees
30-feet on Center Averaqe
City Council Dratt_04062011 68
P/L iu mignior way
P/L
Downtown Zoning Code Section 11. Circulation Standards
Figure 12: Commercial Street with Angled and Parallel Parking
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Commercial Street
Movement
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Speed
25 mph
Traffic Flow
Two Ways with Center Turn Lane
Curb Radius
10 feet, less at bulb out
Sidewalk Width
12 foot Sidewalk
Planter Type
4-foot x 4-foot Tree Well
Street Trees
30-feet on Center Average
City Council Draft 04062011 69
P/L 8o' Right of Way P/L
Downtown Zoning Code Section 11. Circulation Standards
Figure 13: Commercial Street with Parking
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Thoroughfare Type Commercial Street
Movement Slow Movement
Speed
20 mph
Traffic Flow
Two Ways
Curb Radius
15 feet
Sidewalk Width
6 foot Sidewalk
Planter Type 7 foot Continuous
Street Trees 30-feet on Center Average
City Council Draft 04062011 70
P/L nv coign[ OT way P/L
Downtown Zoning Code Section 11. Circulation Standards
Figure 14: Street with Parallel Parking
J
N
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Thoroughfare Type
Street
Movement
Yield Movement
Speed
25 mph
Traffic Flow
Two Ways
Curb Radius
15 feet
Sidewalk Width
13 foot Sidewalk
Planter Type
5 foot Continuous
Street Trees
30-feet on Center Average
City Council Draft 04062011 71
P/L 5u- Kignt of way P/L
Downtown Zoning Code Section 11. Circulation Standards
Figure 15: Alley
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or Sidewalk
Planter required
Planter required
Between
20' Public Alley or
Between
Driveway
20' Public Access Easement
Driveway
Aprons
Aprons
30' Maximum
Thoroughfare Type Rear Alley
Movement Yield Movement
Speed 10 mph
Traffic Flow Two Ways
Curb Radius Driveway Cut
Walkway Type Inverted Crown
Landscape Type Planters between Driveway Aprons
Notes:
1. Alleys not to exceed 300 feet in length without approval of the Fire Department and Public Works
Department.
2. The Fire Department shall review the final location of alleys for workable staging areas to be created by
the painting of red curbs where needed.
3. The face of the building can move as required to allow for surface parking lots between buildings in the
third layer of the lot for side and rear yard buildings and in the fourth layer of the lot for courtyard buildings.
City Council Draft_04062011 72
Downtown Zoning Code Section 12. Administration
Section 12: Administration and Procedures
12.010: Purpose. The purpose of this section is to establish the permit requirements for projects within the boundar-
ies of this Code.
12.020: Applicability. This section shall apply to proposed development of parcels located within the boundaries
of this Code shown on the Zoning Map (Figure 1)
12.030: Site Development Permits. Table 12A establishes the procedures for review and processing of Site De-
velopment Permits. Table 12A 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 solu-
tions and quality design. The purposes of this section are to:
1. 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.
3. Protect the increasing values, standards, and importance of land and development in the commu-
nity.
4. Retain and strengthen the visual quality of the community.
5. Assist project developers in understanding the public's concerns for the aesthetics of develop-
ment.
6. 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 devel-
opment 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 develop-
ment, redevelopment, and the expansion or modification of existing development, including park-
ing, 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 improve-
ments and opportunities for connections to adjoining streets, parks, open space, community facili-
ties 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.
City Council Draft 04062011 73
Downtown Zoning Code Section 12. Administration
7. Landscape elements that integrate opportunities for outdoor use area and adequate shading of
pavement and windows.
8. Articulation in building facades, exterior architectural design details, quality of materials, variation
of textures, and harmony of colors.
9. Articulation in rooflines and the type and pitch of roofs and/or mechanical screening and over-
hangs for proper shading and solar access to windows.
10. 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 or off-site sources (i.e., direct sun from west
exposures, outdoor lighting, food services areas, recycling and refuse areas, mechanical equip-
ment, roadways, railroads, aircraft overflight, etc.).
12. Location of towers, chimneys, roof structures, flagpoles, radio, telecommunications and television
masts/poles or other projections.
13. 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.
14. Location, design, access, and visual screening for recycling and refuse disposal areas and utility
installations.
15. Location, design, and standards of all exterior illumination, including parking lot and sign lighting.
16. 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:
1. The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this
Code.
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 char-
acter, 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,
color, and that 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 or off-site sources. The neighborhood compatibility part of
this finding does not apply if it would render the project inconsistent with the architectural require-
ments 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 inconsis-
tent with the requirements of the zoning district in which the parcel is located.
4. Ingress, Egress, Circulation, Parking. The project provides adequate ingress, egress, off-street
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
City Council Draft 04062011 74
Downtown Zoning Code Section 12. Administration
and will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists.
Low Impact Development (LID) design have 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.
12.040: Use Permits. Table 12B establishes the procedures for the review and processing of Use Permits. Table
12B establishes two levels of review for Use Permits, Minor Use Permit and Major Use Permit.
12.050: Exceptions. Deviations from specific requirements of this Code may be allowed with approval of an
Exception. Requirements that are subject to deviation by exception are identified in the Tables 5A, 513, 6A,
613, 7A, 8A, 9C, 9D, and 10A-H . Table 29: Exceptions establishes two levels of Exceptions, Major Excep-
tion and Minor Exception, and the procedures for the review and processing of Exceptions.
12.060: Subdivisions. Shall comply with the requirements of UCC Section
12.070: Variance. Variances are prohibited within boundaries of this Code. Deviations from the requirements of this
Code are allowed through an Exception as for provided in Section 12.050 above.
12.080: Planned Developments. Planned Developments are prohibited within the boundaries of this Code. Modifi-
cations to the standards required by this Code are allowed through approval of an Exception(s) as provided
in Section 12.050 above.
12.090: Amendment. The boundaries or provisions of this Code, including the Zoning Map, Circulation Map, and
Special Designations Map, may be amended as prescribed in UCC Section 9265, provided that all regula-
tions and zoning designations applied within the boundaries of the this Code incorporate transect-based
design and block perimeters with appropriate transitions to abutting areas.
12.100: 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.
12.110: Calculations - Rounding. Where provisions of this Code require calculations to determine applicable
requirements, any fractional results of the calculations shall be rounded as provided by this Subsection.
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 require-
ments, and the number of parcels allowed through subdivision based on a minimum lot area require-
ment, 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 L1 above, 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 num-
ber when the fraction/decimal is less than 0.5.
City Council Draft 04062011 75
Downtown Zoning Code Section 12. Administration
12.120: Non-Conforming Uses, Structures and Parcels.
A. Purpose. This Section provides regulations for non-conforming uses, structures, and parcels that
were lawful before adoption of 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 non-conformities,
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 gen-
erally 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.
12.130: 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 restrict-
ed 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 clas-
sification, 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 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
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structure, or the construction of a new structure shall not be allowed without Planning Commis-
sion approval of a Major Use Permit.
3. Findings. In approving a Major Use Permit, the Planning Commission shall make the following
findings in addition the findings required by Section 9262(E):
a) The enlargement, expansion, extension, or increase would not increase the detrimental ef-
fects 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 months, the rights to legal nonconforming status shall termi-
nate.
2. The nonconforming use shall not be resumed once the use has been terminated for at least six
months.
3. The Planning Director shall base a determination of discontinuance on evidence including the re-
moval of equipment, furniture, machinery, structures, or other components of the nonconforming
use, disconnected or discontinued utilities, or no business receipts/records to document contin-
ued operation.
4. Without further action by the City, any further use of the site shall comply with all of the regula-
tions of the applicable zoning district and all other applicable provisions of this Zoning Code.
12.140: 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 50 percent of market value. A nonconforming structure involuntarily damaged
up to 50% of its current market value (as defined by Subparagraph 12.140(D), below) may be
reconstructed, repaired, restored, and used as before; provided that the restoration is initiated
(as defined in Subparagraph 12.140(D), below) within 12 months, and is substantially completed
within 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;
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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 proper-
ties or improvements in the immediate vicinity of the replacement structure;
4) A Building Permit is issued no later than 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.
2. Damage to 50 percent or more of market value. A nonconforming structure involuntarily dam-
aged to 50 percent or more of its current market value (as defined in Subparagraph 12.140(D),
below) shall not be reconstructed, repaired, or restored, except in conformity with the applicable
requirements of the subject 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 condi-
tion may be made in compliance with this Subparagraph. A nonconforming structure may undergo
ordinary repair and maintenance only in the following manner:
1. 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 12.060, below), and
the work does not exceed 50 percent of the current market value of the structure during any
calendar year;
b) For the purposes of this Subparagraph the cost of any required foundation work shall not be
counted within the 50 percent limitation.
2. Major repair. Major repair to a nonconforming structure, when the cost of repairing or replacing
the damaged portion of the structure exceeds 50 percent of the current market value of the struc-
ture 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.
3. 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, architec-
ture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and
only in compliance with Subparagraphs C.1 and C.2, above.
D. Definitions
1. Restoration is initiated. As used in this Subsection, "restoration is initiated" requires that, at a
minimum, a complete Building Permit application has been filed.
2. Current market value.
a) As used in this Subsection, "current market value" is the market value of the structure imme-
diately before the occurrence of the damage.
b) For the purposes of administering the provisions of this Subsection, the applicant shall submit
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Downtown Zoning Code Section 12. Administration
an appraisal from a licensed appraiser and the City's Building Official shall verify the apprais-
er's determination of the current market value of the damaged structure, which determination
shall be final unless appealed in compliance with UCC Section 9266.
12.050: 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:
1. 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 they parcel size is decreased not more than 20 percent and the yard facing the pub-
lic right-of-way was decreased by not more than 50 percent; 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 adjust-
ment shall be approved that would increase the nonconformity of an existing parcel or any noncon-
forming use on the parcel.
12.060: Exemptions.
A. Seismic retrofitting and Building Code compliance. Alterations, reconstruction, or repairs other-
wise required by law (e.g. City adopted Building, Electrical, Plumbing Codes) shall be allowed. Re-
construction required to reinforce un-reinforced 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 law-
fully 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 12.130, 12.140, 12.150 and 12.160.
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 Zoning Code to have Use Permit approval, in compliance with Section
9262, 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
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Downtown Zoning Code Section 12. Administration
its current location by this Zoning 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 sub-
ject 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 Zoning 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 non-
conforming 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 12
months from the date of the application for the required Building Permit.
12.180: 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 UCC Article 22 . 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.
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Downtown Zoning Code Section 12. Administration
Table 27: Site Development Permit Procedures (1)
I Tiers I Tier 1 1 Tier 2 1 Tier 3 1
Permit Type
Project Type
By Right Site Development Permit
Building Permit Required
(2)
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.
Minor Site Development Permit)
Minor (SDP)
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.
Major Site Development Permit
(Major SDP)
New construction and additions
over 15,000 sf
Less than 1,000 sf of modification to
exterior of historic building
(see Table 13:
Historic Building Standards)
New condominiums
New drive-thru facilities
More than 2 Minor Exceptions
All Major Exceptions
All applications for Incentives
Similar projects as determined by the
Planning Director
Site Development Permits as deter-
mined by the Zoning Administrator (3)
Application &
Filing
Submittal
Requirements
Review
Authority
Building Permit
Filing Fees
Site Plan, Elevations, Floor Plans
Additional information as determined by
the Planning Director
Community Development and
Planning Department
Planning Permit Application Form
Filing Fees
As prescribed by UCC Section
9263(B)
Additional information as determined by
the Planning Director
Design Review Board
recommendation to
Zoning Administrator
Zoning Administrator (4)
Planning Permit Application Form
Filing Fees
As prescribed by UCC Section 9263(B)
Additional information as determined by
the Planning Director
Approval
Authority
Public Notice
Findings for
Grant of Permit
(5)
Conditions of
Approval
Appeal
Effective Date
Expiration/
Revocation
Renewal
Community Development and
Planning Department
Processed as a building permit.
No public notice provided.
Building permit plans must be
consistent with all
applicable requirements.
No findings required.
Not Applicable
Not Applicable
Date of building permit issuance
6 months of no activity
(from the date of last inspection)
Payment of renewal fee as established
by City Council
and process as determined by the
Building Official
Design Review Board
recommendation to
Planning Commission
Planning Commission (4)
As prescribed by UCC Section 9263(C) i As prescribed by UCCSection 9263(C)
As prescribed by Section 10.030 (C) As prescribed by Section 10.030 (C)
As prescribed by UCC Section 9263(F) i As prescribed by UCC Section 9263(F)
As prescribed by UCC Section 9266
As prescribed by Section 9266
As prescribed by UCC Section 9263(G) As prescribed by UCC Section 9263(G)
As prescribed by UCC Section 9263(H) As prescribed by UCC Section 9263(H)
As prescribed by UCC Section 9263(1)
As prescribed by UCC Section 9263(1)
California Exempt Planning Director shall determine the Planning Director shall determine the
Environmental type of environmental review required type of environmental review required
Quality Act or if the application is exempt from or if the application is exempt from
(CEQA) CEQA CEQA
1. Applications for multiple permits are subject to the requirements of Section 12.100: 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 evi-
dence and the decison-maker's conclusions and shall be based upon evidence contained in the administrative record.
Council Draft 04062011
Downtown Zoning Code Section 12. Administration
Table 28: Use Permit Procedures (1)
Permit Type
Minor Use Permit
Major Use Permit
Project Type
Minor Use Permits (MIUP) as identified in Table:
Major Uses (MAUP) as identified in Table 3:
Allowed Uses and Permit Requirements
Allowed Uses and Permit Requirements
Expansion of more than 150 and less than 1,000
Expansion of 1,000 square feet or more to an exist-
square feet to an existing Use Permit
ing Use Permit
Minor amendment to an existing
Major Amendment to an existing
Use Permit
Use Permit
Change in use of an existing structure(s) that does
Conversion of existing rental housing to
not require additional parking, and will not generate
condominium
substantial amounts of additional
traffic, noise, or other potential nuisances
At the discretion of the Planning
Director, any Use Permit may be scheduled con-
sideration and decision-making by the Planning
Commission (UCC Section 9262(D5))
Use Permits as determined by the
Zoning Administrator (2)
Application & Filing
Planning Permit Application Form
Planning Permit Application Form
Submittal Requirements
Application Fees
Application Fees
Plot plan with sufficient to show detail of the pro-
Plot plan with sufficient to show detail of the pro-
posed use or building and the
posed use or building and the
surrounding land uses
surrounding land uses
Any other project information determined neces-
Any other project information determined neces-
sary by the Planning Director
sary by the Planning Director
Approval Authority (3)
Zoning Administrator
Planning Commission
Public Notice
As prescribed by UCC Section 9262(C)
As prescribed by UCC Section 9262(C)
Findings for Grant of Permit
As prescribed by UCC Section 9262(E)
As prescribed by UCC Section 9262(E)
(4)
Conditions of Approval
As prescribed by UCC Section 9262(F)
As prescribed by UCC Section 9262(F)
Appeal
As prescribed by UCC Section 9262(D2)
As prescribed by UCC Section 9262(D4)
Effective Date
As prescribed by UCC Section 9262(G)
As prescribed by UCC Section 9262(G)
Expiration/Revocation
As prescribed by UCC Section 9262(H)
As prescribed by UCC Section 9262(H)
Renewal
As prescribed by UCC Section 9262(1)
As prescribed by UCC Section 9262(1)
California
Planning Director shall determine the type of envi-
Planning Director shall determine the type of envi-
Environmental
ronmental review required or if the
ronmental review required or if the
Quality Act (CEQA)
application is exempt from CEQA
application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of Section 12.100: Concurrent Permits.
2. The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision.
3. Any use permit 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 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.
City Council Draft 04062011 82
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Table 29: Exception Procedures (1)
Permit Type
Minor Exception
Major Exception
Type
Two (2) or fewer minor exceptions
More than two (2) minor exceptions
As allowed by
As allowed by
Tables 4, 6, 7, 9, 10, 11, 12, 13, 14, 16, 23
Tables 4, 6, 7, 9, 10, 11, 12, 13, 14, 16, 18, 19, 20,
21, 22, 24, 25
Exceptions as determined by the
Zoning Administrator (6)
Application & Filing
Planning Permit Application Form
Planning Permit Application Form
Submittal Requirements
(2)
Application Fees
Application Fees
Detailed plot plan of the subject property and
Detailed plot plan of the subject property and
surrounding land uses
surrounding land uses
Elevation drawings
Elevation drawings
Other information deemed necessary
Other information deemed necessary
by the Planning Director
by the Planning Director
Approval Authority (3)
Zoning Administrator (5)
Planning Commission
Public Notice
As prescribed by UCC Section 9264(B)
As prescribed by UCC Section 9264(B)
Findings for Grant of
The request is consistent with the intent of this
The request is consistent with the intent of this
Permit (4)
Code and the Ukiah General Plan.
Code and the Ukiah General Plan.
The project is compatible with the neighborhood
The project is compatible with the neighborhood
and design intent of this Code.
and design intent of this Code.
The project provides appropriate connections,
The project provides appropriate connections,
transitions, and relationships between
transitions, and relationships between
buildings and the street, adjacent properties
buildings and the street, adjacent properties
and one another.
and one another.
The project provides adequate and appropriate
The project provides adequate and appropriate
pedestrian facilities and connections.
pedestrian facilities and connections.
The project would not impair the desirability of
The project would not impair the desirability of
investment, employment, or residence in the
investment, employment, or residence in the
neighborhood.
neighborhood.
The project is not detrimental to the public's health,
The project is not detrimental to the public's health,
safety and general welfare.
safety and general welfare.
Special circumstances or conditions apply to the
Special circumstances or conditions apply to the
site, building, improvement or use, such as the
site, building, improvement or use, such as the
preservation of natural resources (creek, tree
preservation of natural resources (creek, tree
preservation), providing enhanced pedestrian facili-
preservation), providing enhanced pedestrian facili-
ties or enhanced outdoor areas (outdoor seating,
ties or enhanced outdoor areas (outdoor seating,
enhanced landscaped areas).
enhanced landscaped areas).
Appeal
As prescribed by UCC Section 9266
As prescribed by UCC Section 9266
Effective Date
As prescribed by UCC Section 9264(F)
As prescribed by UCC Section 9264(F)
Expiration/Revocation
As prescribed by UCC Section 9264(G)
As prescribed by UCC Section 9264(G)
Renewal
As prescribed by UCC Section 9264(H)
As prescribed by UCC Section 9264(H)
California
Planning Director shall determine the type of
Planning Director shall determine the type of
Environmental
environmental review required or if the
environmental review required or if the
Quality Act (CEQA)
application is exempt from CEQA
application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of Section 12.100: 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 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.
5. If any other entitlement required for the project requires Planning Commission review and approval, then the Minor Exception will also be subject to
Planning Commission review and approval as part of review of the entire project.
6. The Zoning Administrator refer any application to the Planning Commission for public hearing and decision.
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Downtown Zoning Code Section 13. Glossary
Section 13 : Glossary
13.010: Purpose. This Section defines and contains regulatory language that is integral to this Article regarding
terms used in this Code.
13.120: 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 inter-
changeable, 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.
2. "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 combina-
tion.
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.
1. All references to days pertain to calendar days unless otherwise indicated. If a deadline falls on a week
end 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.
13.030: Definitions. For the purpose of this Article, the phrases and terms herein shall have the following mean-
ings.
A. Definitions "A"
Accessory Building. A building subordinate to the principal (primary) building on the same lot and serving a
purpose clearly incidental to an allowed principal use of the lot 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.
Administrative Services. See Section 9278, Definitions.
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, includ-
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Downtown Zoning Code Section 13. Glossary
ing 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.
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 perfor-
mances are distinguished by an emphasis on specified sexual activities or anatomical areas, whether covered
or not.
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 servic-
ing and repair of equipment.
Alcoholic beverage sales. The retail sales of beer, wine, and/or other alcoholic beverages for off-premise
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 15).
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 facil-
ity 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 side-
walk 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 5-8).
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, 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
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Downtown Zoning Code Section 13. Glossary
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 14 feet 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-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 Services. See Section 9278, Definitions.
C. Definitions "C"
Carport. An attached or detached structure enclosed on no more than two sides used as non-commercial
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, Definitions
Child Day Care. A facility that provides non-medical care and supervision of minor children for periods of
less than 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.
1. Child Day Care Center. Commercial or nonprofit child day care facilities designed and approved to ac-
commodate 15 or more children. Includes infant centers, preschools, sick-child centers and school-age
day care facilities. These may be in conjunction with a school or church facility, or as an independent land
use.
2. Large Family Day Care Home. A day care facility located in a single-family residence where an oc-
cupant of the residence provides care and supervisions for 7-14 children. Children under the age of 10
years who reside in the home count as children served by the day care facility.
3. Small Family Day Care Home. A day care facility located in a single-family residence where an occu-
pant of the residence provides care and supervision of for eight or fewer children. Children under the age
of 10 years who reside in the home count as children served by the day care facility.
Church. See Section 9278, Definitions
Civic Building. A building designed specifically for a civic use. The specifics of building design shall be deter-
mined 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
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Frontage Line (see Table 2: Civic Spaces).
Civic Use. Activities, uses, buildings, spaces or sites operated, owned, or conducted by public or non-profit
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, rub-
berized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory
(see "Personal Services").
Cocktail Lounge. See Section 9278, 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 a primary use
electronic game arcades
Commercial Use. The term collectively defining office, retail, and service uses.
Community Care Facility - 6 or Fewer Clients. As defined by California Health and Safety Code.
Community Care Facility - 7 to 12 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 non-food, ornamental crops, such as flowers primarily for personal or group use, consump-
tion 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 par-
cel 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, 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-Thru. 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, drive-thru coffee,
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pharmacies, drive-thru teller windows and automatic teller machines (ATMs). Does not include fueling sta-
tions/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 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, 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 150 square feet and a maximum of
400 square feet restricted to occupancy by no more than 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 sani-
tation 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 ac-
cessory 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 equip-
ment, 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 12.050: 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.
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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, Definitions
Fire Station. See Section 9278, 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 those "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 thor-
oughfare 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 drive-through 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 store that primarily sells the following products and re-
lated services, which may also include incidental repair services:
computers and computer equipment
draperies
floor coverings
furniture
glass and chinaware
home appliances
home furnishings
home sound systems
interior decorating materials and services
large musical instruments
lawn furniture
movable spas and hot tubs
office furniture
other household electrical and gas appliances
outdoor furniture
refrigerators
stoves
televisions
G. Definitions "G"
Garage. A completely enclosed attached or detached structure with an operational door used as non-
commercial 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 leather goods
auction rooms musical instruments, parts and accessories
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bicycles
books, magazines, newspapers
clothing, shoes, and accessories
collectibles
convenience stores, mini-markets
department stores
feed store and farm supply
orthopedic supplies
religious goods
small wares
specialty shops
sporting goods and equipment
stationary
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 pub-
lic is occupied by food products packaged for preparation and consumption away from the store.
Home Occupation. See Section 5.040.
H. Definitions "H"
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 restau-
rants, meeting facilities, personal services, etc.). Also includes accessory guest facilities such as swimming
pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
1. Definitions "I"
No specialized terms beginning with the letter "I" have been identified at this time.
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. 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/commemo-
rative 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.
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Layer. The depth of the lot measured from the frontage line within which certain improvements are allowed
(see Section 6.070:Layers and Figures 4A and 413).
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: 14).
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 occu-
pancy and work activities which includes:
1. complete kitchen space and sanitary facilities in compliance with the building code; and
2. working space reserved for and regularly used by one or more occupants of the unit.
Lodge. See Section 9278, Definitions
Lodging. Premises available for daily or weekly renting of bedrooms. Typical uses include hotels, motels, and
bed and breakfast.
Lot. See Section 9278, Definitions
Lot Area, Gross. See Section 9278, Definitions
Lot Area, Net. See Section 9278, Definitions
Lot, Corner. A located at the intersection of two or more streets, roads, or public road easements, not includ-
ing alleys. A corner lot is has frontage on two streets and is considered to have two front lot lines.
Lot, Double Frontage (Through Lot). A lot abutting two 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 6.050: 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 storm water runoff.
LID techniques include maintaining natural drainage, minimizing land clearance, clustering buildings, and re-
ducing impervious surfaces and are used instead of conventional methods of collecting, conveying and piping
away storm water 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. A business facility that provides repair and/or maintenance services for ap-
pliances, computers, electronics, and other types of non-vehicular related equipment that is brought to the
facility by customers. These businesses do not operate on the same site as a retail establishment that sell 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 UCC Section 5702.
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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
out-patient care facilities
urgent care facilities
other allied health services
Medical Services - Major. Hospitals and similar facilities engaged primarily in providing diagnostic servic-
es, 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 emer-
gency 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 produc-
tion 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:
blacksmith and welding shops sheet metal shops
plating, stripping, and coating shops machine shops and boiler 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-premise con-
sumption. 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 typi-
cally 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-premise 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"
Night Club. 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."
0. 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 of this Code.
Office - Business/Service. An establishment providing direct services to customers. Examples of these
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uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility com-
pany 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 busi-
ness engaged in information processing and other computer-dependent and/or telecommunications based ac-
tivities. 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
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:
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 postproduction services
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 drive-
way or parking lot. See also "Parking Lot." Does not include on-street parking.
Outdoor Sales Establishment. See Section 9278, Definitions.
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 in a building or structure (see "Parking Structure").
Does not include towing impound and storage facilities, dismantling yards.
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Parking Structure. A building containing two or more stories of parking.
Pedestrian Orientation. A physical structure or place with a form, design qualities and elements that contrib-
ute 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 detail-
ing.
2. Continuity of building facades along the street with few interruptions in the progression of
buildings and stores.
3. Visibility into buildings at the street level.
4. Design amenities related to the street level such as storefronts, awnings, arcades, and landscaping.
5. A continuous sidewalk with minimal intrusions into the pedestrian right-of-way.
6. Public right-of-way amenities including street trees, benches, bike racks, and other street furnishing.
7. 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 pro-
vides a spontaneous draw from the sidewalk.
Personal Services. Establishments providing non-medical 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 ef-
fect 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
pawnshops
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 board-
ing of animals (see definition of "Kennel").
Pet Store. Any indoor sale of dogs, cats, birds, fish, reptiles, and other small animals and associated pet sup-
plies. 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, Definitions, Safety Services
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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, Definitions.
Required. Mandatory standards that must be followed.
Rest Home. See Section 9278, Definitions.
Restaurant, Cafe, Coffee Shop. A retail business selling ready-to-eat food and/or beverages for on- or off-
premise consumption. These include eating establishments where customers are served from an ordering
counter for either on- or off-premise consumption ("counter service"); establishments where customers are
served food at their tables for on-premise consumption ("table service"), which may also provide food for take-
out; and exclusively pedestrian oriented facilities that serve from a walk-up ordering counter. May include out-
door 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:
A. Serves food/meals that are quickly made, of low nutritional value, and inexpensive;
B. Is required by contractual or other arrangements to maintain any of the following: substantially stan-
dardized menus, architecture, building appearance, signs, or other similar standardized features; and
C. Has three or more of the following characteristics:
Food is pre-made and wrapped before customers place orders;
Food is served with disposable tableware for on-site consumption;
Food is ordered from a wall menu at a service counter;
Food consumed on the premises is ordered while customers are standing;
Payment is made by customers before food is consumed; or
The service counter is closer to an entry/exit than is the seating/dining area.
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, Definitions.
School. A public or private academic educational institution, including:
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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 educational institution that pro-
vides specialized education or training. Examples include the following:
art school
ballet and other dance schools
business, secretarial, and vocational school
computers and electronics school
drama school
driver education
establishments providing courses by mail
language school
music school
professional school (law, medicine, etc.)
seminaries/religious ministry training facility
See also the definition of "Studios -Art, Dance, Martial Arts, etc." for smaller scale facilities offering special-
ized 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, offices equipment, tools,
motors, machines, instruments, or any similar secondhand 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 fo-
cused 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 manu-
facturing 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 UCC Division 7, Chapter 1, Article 7. Examples include hooka shops and
head shops.
Social Hall. See Section 9278, Definitions.
Square. See Table 2: Civic Spaces
Storage - Accessory. The indoor storage of materials accessory and incidental to a principal use is not con-
sidered 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 I Allowed Uses and Permit Requirements).
Storefront. A facade at the ground story that is subject to special adaptation, such as recessed doors and dis-
play windows for retail uses. Examples of frontage types that include storefronts are "Shopfront and Awning",
"Gallery", and "Arcade" (see Table 8: Private Frontage Types).
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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 require-
ments 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 train-
ing 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 "Schools - 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 non-conforming use or non-conforming buildings under Section 9209(D)
or (E) of the Ukiah City Code or would require a discretionary permit.
T. Definitions "T"
Tasting Room. An establishment that provides samples of wine, beer, or other alcoholic beverages as al-
lowed by Alcoholic Beverage Control that are produced off site. The establishment may provide tastings of
one brand or several brands (a cooperative) and may include the retail sales of alcohol for off site consump-
tion and special events.
Telecommunications, Antennas. Broadcast and receiving antennas for radio, television, telegraph, tele-
phone, 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 equip-
ment facilities for internet service providers and the following.
1. A telephone service provider, whether wireless or non-wireless, 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.
2. A data center housing one or more large computer systems and related equipment for collecting, main-
taining and/or processing data, and providing other data processing services.
3. 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
12 feet in height and six inches 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
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Downtown Zoning Code Section 13. Glossary
segment designated on the Special Designations Map. A building located at a Terminated Vista shall be de-
signed 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, Definitions.
Transportation Terminal. See Section 9278, Definitions.
Turret. A small tower, an ornamental or functional structure at an angle of a larger structure.
U. Definitions "U"
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 part as an accessory use included the following categories.
1. Major Repair/Body Work. These establishments include towing, collision repair, other body work,
and painting services, tire recapping.
2. Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services. Ex-
amples 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).
Veterinary Office or Service - Small Animal. See Section 9278, Definitions.
Vision Triangle. The triangular area formed by the intersection of the extension of the curb lines and a line
connecting there at points thirty-five (35) feet from the intersection of the extended curb lines.
Vision Triangles. Proposed structures and landscaping on a corner lot shall comply with the following vision
triangle height limits. The boundaries of a vision triangle are formed by drawing lines from the point of inter-
section of a lot's street corner property lines to points 30 feet along the two property lines, and then connect-
ing the two points with a straight line. See Figure 3-4.
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.
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Downtown Zoning Code Section 13. Glossary
Z. Definitions "Z."
No specialized terms beginning with the letter "Z" are identified at this time.
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Downtown Zoning Code Section 11. Circulation Standards
Figure 11: Commercial Street with Parallel Parking and Bike Lanes
Thomughfam Type
Comnwrrdal Sheet
M--t
Slow Movement
Speed
25 n ph
TMao Flow
Two Ways
BYu Lane.
5-f-t Bike lane m both sides
Curb Radius
15 fee, less at Bob Out.
Sidewaar Width
17 root Sidewalk
Planter Type
ttoot..footTree WN
SbeetTmes
30-feet on CenlerAverage
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Downtown Zoning Code Section 6. Site Planning and Development Standards
6.060: Private Frontage Types. Table 8: Private Frontage Types nustrates the various footage types slowed
by this Code. The spe t fmtage types Moored is detem:ned by T.W. 0: Pdndpal 8"M Standnds
and based on the inning at the parcel.
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