HomeMy WebLinkAbout1139 Downtown Zoning Code ORDINANCE NO. 1139
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9 (PLANNING AND DEVELOPMENT,
CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE BY ADDING
ARTICLE 18 ENTITLED DOWNTOWN ZONING CODE
The City Council hereby ordains as follows.
SECTION ONE — FINDINGS AND DECLARATIONS
The City Council hereby finds and declares as follows.
1. In 2006, the City Council budgeted the appropriate funds and directed staff to prepare a
form based zoning code for the Downtown and East Perkins Street areas.
2. In 2007, the City conducted a five-day public workshop charrette to solicit ideas from the
public and to develop a vision for the future development and redevelopment of the
Downtown and East Perkins Street areas.
3. The Planning Commission reviewed the draft form based Downtown Zoning Code
through a series of public workshops from the end of 2009 through early 2011. In April
of 2011, the City Planning Commission and City Council conducted a joint public
workshop to review and discuss the draft form based Downtown Zoning Code. The City
Council conducted a series of public workshops from May, 2011 through September,
2011 to review and discuss the Code.
4. In September, 2011, the City Council preliminarily approved the draft Zoning Code for
the Downtown and East Perkins Street corridor, and directed staff to 1) prepare the
required environmental document to comply with the California Environmental Quality
Act; and 2) refer the draft document to the Mendocino County Airport Land Use
Commission for a consistency review with the County Airports Comprehensive Land Use
Plan.
5. On March 22, 2012, the Mendocino County Airport Land Use Commission reviewed the
draft Downtown Zoning Code and found it consistent with the Mendocino County
Comprehensive Land Use Plan provided 1) a note was added to Table 4 indicating that
lot sizes are subject to airport zone restrictions; and 2) a note was added to Table 6
indicating that any buildings in the B2 airport compatibility zone proposed for more than
two stories would be subject to review and approval by the Mendocino County Airport
Land Use Commission. The notes have been added.
6. On June 4, 2012, City Staff completed an Initial Study of potential environmental impacts
resulting from implementation of the draft Downtown Zoning Code and concluded that a
Mitigated Negative Declaration was appropriate for the project. The document was sent
to the State Clearinghouse for State Agency review and comment, and it was publicly
noticed review and comment. At the close of the review and comment period, two
written comments were received — 1) State Public Utilities Commission, who did not
question the appropriateness of the Mitigated Negative Declaration or suggest language
modifications or additional environmental review work; and 2) State Department of
Transportation, who similarly did not question the appropriateness of the Mitigated
1
Negative Declaration or suggest language modifications or additional environmental
review work. Responses to comments were provided to both State Agencies.
7. On August 8, 2012, the City Planning Commission conducted a public hearing to
consider making formal recommendations to the City Council concerning the Mitigated
Negative Declaration and ordinance amending the City Code to add the Downtown and
East Perkins Street Corridor Zoning code standards.
8. On August 8, 2012, the City Planning Commission voted 2-1 to recommend City Council
approval of the Mitigated Negative Declaration and adoption of the Code.
9. On September 5, 2012, the City Council conducted a public hearing and voted 3/0 to
adopt the Mitigated Negative Declaration based on the findings listed in the Staff Report,
and to introduce the ordinance by title only.
SECTION TWO
Article 18 entitled "DOWNTOWN ZONING CODE," is hereby added to Division 9 (Planning and
Development), Chapter 2 (Zoning) of the Ukiah City Code pursuant to the attached Exhibit A.
SECTION FOUR
1. 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.
2. 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 September 5, 2012, by the following roll call vote:
AYES: Councilmember Thomas, Rodin, and Mayor Landis
NOES: None
ABSENT: Councilmembers Baldwin, and Crane
ABSTAIN: None
Adopted on October 3, 2012 by the following roll call vote:
AYES: Councilmember Thomas, Rodin, and Mayor Landis
NOES: None
ABSENT: Councilmember Baldwin, and Crane
ABSTAIN: None
Lis/ Mika,
Mary A = Landis, Mayor
AT`I'E
air
Linda-Brb , erk
2