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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 1 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 21 -l C? 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 Ukiah Municipal Airport Master Plan Modification January, 2011 15 Z -lC/ 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 2--2-1 INITIAL ENVIRONMENTAL STUDY 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 Z -Z2 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 z-Z3 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 Ukiah Municipal Airport Master Plan Modification January, 2011 22 ? - Z.. INITIAL ENVIRONMENTAL STUDY City of Ukiah CEQA Initial Environmental Study/Negative Declaration Ukiah Municipal Airport Master Plan Modification January, 2011 23 „ 2 7 INITIAL ENVIRONMENTAL STUDY 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 Ukiah Municipal Airport Master Plan Modification January, 2011 24 - 7 y 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. city or Ukiah CEQA Initial Environmental Study/Negative Declaration Ukiah Municipal Airport Master Plan Modification January, 2011 25 2 - Z. 7 INITIAL ENVIRONMENTAL STUDY 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 Page 3 13/ 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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 Q dWb`a,b~~,~ I d 3 /1 b ' N C 0 a b HOdO: N O ~ Q V E a4 bll31S 0) E N p C w z a' O c a" ¢ O v _ ba N32iHVM a O O a--- j w o Em + V o of J' > rho L'ESL'IE'ST. C O O a) FU NO, E C 1S NOSyW J m Y N CC - CLc p i } LLI to Q J a1 z r6 Q p OA O L i,I, Z C m O F fII ~ N FM z O. Q N W :1 a_ STATE ST_ W I F- j U) w n > 1= ; ~Q z 1 Sl: h Vv~ ~ 151j: W z i ' lS-~IdO 0 City Council Draft 04062011 75 oLL m ■ 0 N o- 4A a .O m R ~ .O C 7 O m ' i N Y 0 of o = O U ~ N 0 } >4 i uj .n O O O Uo , ~ a 3 ° ° v c v O d c o L m N 0. C 0 c N a u5 w _ K W - am a) 3 m C a? i Y rn N w P a a C _ ~ U U Y U E U U a a 0L]®0 v N O m C W iJ W -M 4- O V E R v = O v 0 C aj V C O o C C O O_ m = ~U N .2 N I 0 C N P t 9 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 v I o I ri Building Footprint courtyard L L Lot Line v Corner Condition Mid-block Condition - ~1 Corner Condition I 1 Mid-block 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 I I I I I I I I GU UC DC I - I I uC 1 DC 1; - 0-0 • x c+ h~. y I ~ PLAN _ LO R.O.W. PRIVATE ► A PUBLIC FRONTAGE FRONTAGE ZONE ■ GU P UC r I I GU ■ UC i DC I I i GU UC . ■ DC GU uc Yg 1 fi-f~~ x i } 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 - - - - - • • ~ I ro - - J . Side Yard Building Footprint 0 J . • ~ I Rear Yard J Building Footprint . I L Corner Lot Interior Lot - - - - - - - - - - 2nd layer 3rd layer (20 feet) Figure 413: Courtyard Building - Corner Lot and Interior Lot Frontage r- 2 I~ IJ 4- c I OI J J I~ I~ Lot Line 1stLayer courtyard Building Footprint I I Corner 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) GU UC DC 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. N 0 Cn M 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. N O 3 n O CL CD (D n rr O O O C CD a CD f/f 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 v O rt O N O n O Q CD Cl) CD n _rt O j O lD CD N 0 d la 0 (n 00 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/ v O M. O N O n O CL (D CD n rt O j 0 C fD tD 7 N n 0 0 o a m 0 UI co 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. v O 0 N O 0 O IZ CD N CD 0 rt O O C z ~D CD rt N 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. 0) O v O O N O n O Q CD Cl) tD n O O 3 CD CD CD CD N CD 2) rr O W IZ ._r C CD 9 CD rt N n 0 0 A O W 0 rn 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 v O O N O 0 O Q (D N (D n rr O O X (D C (D (D N 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 I Q ~ 0 N 00 O Q Q :G rv rp r c O 0 0 E m .m E .2 O U U tY O 0 _ O V I 7`r~ Hey bCl Vll3_LS~:" ~ I I~ I 1~ - r0 Y1 . ~ ~ E U O-0 0 O ao -0 = v l7 O > - o - c~ E Q) a) ;OII --TLIL ILI P 7 '\X f~ ` f~l c > f jNk ~ cl XI Uo{SUDIX] aniaa {ei!CFS vl E; t1 t eve w l Iw: MI a C { ICI -•lJ Iv OWN- } -I 1 r , Q. - r W O I I .1 Tr_ uiT ~:nl C OLD L-- ~ d t~ _ o City Council Draft_04062011 > c O } 2 L a v ~ a E c v a O Ln X N 4J •7, m LU Q C C m V (U N C X "X v w } D w l/) n C v v E c v o v o o Cc cc ■ I ~ 1 C .4 m U U) O 0 o a N 65 Downtown Zoning Code Section 11. Circulation Standards lOi j j3GVO, Q _ v a' N, ' • J ~ ~ ~ ~~b c7NNF{7?i0 t - C) e. v1 c 1 a~ m (v ILL C Q1 CY) - - Q E C C i i- O O C - - u 0 - _ \ ro 4--~ S I C] N j 1_-1 VAA _ C: O Cdl7 O O J _ O 4- I U_ as - C O i v E Q O 4- E - o ° - - v 0 U p d a) E 'LIF S bIO LL r- C C T N r N N O O r jNUINH E N iJ (u C: E E 1 n a, v a v 7 f ,J. t _ 1 a NOoHVV - ~ 1 I a L > P C (D C 1_- o ° w N w a c v U U y F I I _ _ m , 17 m O 'C 1 'i i~'~~%❑ 0 CI (.D D 0 i , I I r aN 1 - L tl City Council Draft_04062011 66 Downtown Zoning Code Section 11. Circulation Standards Figure 10: Perkins Street N J N Q) N C O LL J N O) N C O LL Thoroughfare Type 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 a) J N O) N C O LL J N O) (4 C O LL Thoroughfare Type Commercial Street Movement Slow Movement Speed 25 mph 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 J N m (0 C O LL J N d) N C O LL Thoroughfare Type Commercial Street Movement Slow Movement 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 J N N C O LL C J N m (6 C O LL 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 m c6 C O LL 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 m m o A L 0 C C m o m O1 m CL C m o U a 5' Driveway Apron 10' 10' 5' Driveway Apron or Sidewalk 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 City Council Draft_04062011 76 Downtown Zoning Code Section 12. Administration 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; City Council Drafl_04062011 77 Downtown Zoning Code Section 12. Administration 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 City Council Draft 04062011 78 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 City Council Draft 04062011 79 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. City Council Draft 04062011 80 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 Downtown Zoning Code Section 12. Administration 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. City Council Draft_04062011 83 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- City Council Draft_04062011 84 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 City Council Draft_04062011 85 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 City Council Draft 04062011 86 Downtown Zoning Code Section 13. Glossary 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, City Council Draft 04062011 87 Downtown Zoning Code Section 13. Glossary 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. City Council Draft_04062011 88 Downtown Zoning Code Section 13. Glossary 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 City Council Draft_04062011 89 Downtown Zoning Code Section 13. Glossary 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. City Council Draft 04062011 90 Downtown Zoning Code Section 13. Glossary 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. City Council Draft_04062011 91 Downtown Zoning Code Section 13 Glossary 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 City Council Draft 04062011 92 Downtown Zoning Code Section 13 Glossary 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. City Council Draft 04062011 93 Downtown Zoning Code Section 13. Glossary 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 City Council Draff_04062011 94 Downtown Zoning Code Section 13. Glossary 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: City Council Draft 04062011 95 Downtown Zoning Code Section 13. Glossary 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). City Council Draft 04062011 96 Downtown Zoning Code Section 13. Glossary 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 City Council Draft 04062011 97 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. City Council Draft 04062011 98 Downtown Zoning Code Section 13. Glossary Z. Definitions "Z." No specialized terms beginning with the letter "Z" are identified at this time. City Council Draft_04062011 99 4/6/2011 4/6/2011 4/6/2011 4/6/2011 4/6/2011 4/6/2011 4/6/2011 4/6/2011 4/6/2011 4/6/2011 10 4/6/2011 11 4/6/2011 12 4/6/2011 13 4/6/2011 14 4/6/2011 15 4/6/2011 16 4/6/2011 17 4/6/2011 18 4/6/2011 19 4/6/2011 20 4/6/2011 21 4/6/2011 22 4/6/2011 23 4/6/2011 24 4/6/2011 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 25 4/6/2011 26 4/6/2011 27 4/6/2011 28 4/6/2011 29 4/6/2011 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. Table 8: Private Frontage Types vIAN Jill" a MOb of lJga Cwnt Ttw fx leaae40Yl a0m 0E saeagenne cyaneevaen terrawaasuaen igitmud. ® GU m type bngc rmaen¢ai u~ nanm>r meanesan UC o. Faraeemtnpaemaneaoeetdosemeeseaage r I GU uwaa gwmaapmmtwea~maryapeaanmr ae~swmerarvawaamwaaeu'ags ttpec Cage aovbd n mrta~am asn abr I UC I bees eMOimm.matirroy owmmgmeldenea ~ j DC c smog: me tame a aegwe doe m ne eaeye tare tin m w qwy stroke tam ee mend aatlslly I motets paageaue abeoecTleeO' kwmy I i ( i ~ GU mr~ grntroennmmrdeew - UC I DC tam asabp:meobecaaogwememm i nmbg e n e ven ve wmag enbaa m aeeoa gape m rypesmaamna evneauseeosasaatrea `"'s ew mesa level w-hg m ow [ W FGU oe ~2resore..~. aeery. Tre tame s agora doe m m one e. c .tn>,eltadwacanrwadweaagewgitmm- ~ ~ GU twos owCppbg tlw eborat rota tine a mmdbul j UC Wrelal-fte anm bnoisraeaniaftet m wwaewmraneaaaam.mer ~ t { 1 DC am dee. I 30 4/6/2011 31 4/6/2011 32 4/6/2011 33 4/6/2011 34 4/6/2011 35 4/6/2011 36