HomeMy WebLinkAbout08082012 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
August 8, 2012
6:00 P.M.
1. CALL TO ORDER 6:00 P.M. CITY COUNCIL CHAMBERS
UKIAH CIVIC CENTER, 300 SEMINARY AVENUE
2. ROLL CALL COMMISSIONERS BRENNER, DOBLE, SANDERS,
WHETZEL, AND CHAIRPERSON PRUDEN
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the July 25, 2012 meeting will be available for review and approval at
the August 22, 2012 meeting.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. 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.
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning
permits and associated California Environmental Quality Act (CEQA) determinations are
final unless a written appeal, stating the reasons for the appeal, is filed with the City
Clerk within ten (10) days of the date the decision was made. An interested party may
appeal only if he or she appeared and stated his or her position during the hearing on
the decision from which the appeal is taken. For matters on this agenda, an appeal must
be received no later than Monday August 20, 2012 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
A. Downtown Zoning Code (DZC) Mitigated Negative Declaration and Zoning
Ordinance Amendment. Planning Commission consideration and possible
recommendation to City Council to: 1) adopt the Mitigated Negative Declaration for
the Downtown Zoning Code; and 2) introduce and adopt an Ordinance to amend
Ukiah City Code Division 9 (Planning and Development), Chapter 2 (Zoning) to
include the Downtown Zoning Code as Article 18.
Americans with Disabilities Act Accommodations. 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. Please call (707)463-6752 or(707)463-6207 to arrange accommodations.
B. McDonalds Restaurant Building and Drive-Thru Reconstruction and
Outdoor Dining, File No.: 12-07-SDP-UP-PC. Planning Commission
consideration and possible action on a request for approval of a Major Site
Development Permit to allow the construction of a new McDonalds Restaurant
Building and Drive-Thru and Use Permit for Outdoor Dining at 115 North Orchard
Avenue, APN 002-200-40. The application also includes a request for approval of: 1)
modifications to the landscaping requirements; and 2) an exception to the number of
parking spaces required.
10. PLANNING DIRECTOR'S REPORT
11. PLANNING COMMISSIONERS' REPORT
12. ADJOURNMENT
Americans with Disabilities Act Accommodations. 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. Please call (707)463-6752 or(707)463-6207 to arrange accommodations.
1 ITEM NO. 9A
Community Development and Planning Department
�ity � u�,iah. 300 Seminary Avenue
Ukiah, CA 95482
planninq c(�.cityofukiah.com
(707)463-6203
2
3 DATE: August 8, 2012
4
5 TO: Planning Commission
6
7 FROM: Kim Jordan, Senior Planner
8
9 SUBJECT: Public Hearing for Consideration and Possible Recommendation to the City
10 Council to 1) Adopt a Resolution to Adopt the Mitigated Negative Declaration for
11 the Downtown Zoning Code and 2) Introduce and Adopt an Ordinance to Amend
12 the Zoning Ordinance to include the Downtown Zoning Code
13
14 RECOMMENDATION
15
16 Staff recommends Planning Commission conduct a public hearing and make a formal
17 recommendation to the City Council to: 1) adopt a Resolution to adopt the Mitigated Negative
18 Declaration for the Downtown Zoning Code; and 2) introduce an Ordinance to amend to Division
19 9 (Planning and Development), Chapter 2 (Zoning) of the Ukiah City Code to include Article 18
20 (Downtown Zoning Code) included as attachments 1 and 2.
21
22 BACKGROUND
23
24 Beginning in late 2009, the Planning Commission held public workshops to review and revise
25 the draft Downtown Zoning Code (DZC). On January 12, 2011, Planning Commission
26 completed its draft of the Downtown Zoning Code and made an informal recommendation to
27 City Council to adopt the DZC. Planning Commission also recommended the DZC include
28 Design and Sign Guidelines and Low Impact Development Information as appendices (not
29 codified) and deferred the development of the Design Guidelines to the Design Review Board
3o and staff.
31
32 On April 27, 2011, the Planning Commission and City Council held a joint public workshop on
33 the DZC to: review the foundation for the Code that resulted from the charette process; provide
34 an overview and vision of the Code; demonstrate how to use the Code; identify the "hot topics"
35 that arose during the Planning Commission workshops; and introduce the new topics included in
36 the Code. City Council held additional public workshops on the DZC to review and revise the
37 DZC on May 24, July 12, July 25, August 22, and September 27, 2011 (see attachment 3,
38 minutes). At the September 27t" workshop, the City Council voted unanimously (3-0) to direct
39 staff to complete the environmental review required for the DZC and to prepare a final draft of
40 the DZC based on the direction provided by the Council.
41
42 The Downtown Zoning Code was reviewed, as required, by the Mendocino County Airport Land
43 Use Commission (ALUC) on March 22, 2012. The ALUC reviewed the DZC and found it
44 consistent with the Mendocino County Comprehensive Land Use Plan provided: 1) a note was
45 added to Table 4 indicating that lot sizes are subject to airport zone restrictions; and 2) a note
Downtown Zoning Code
Planning Commission Recommendation—Mitigated Negative Declaration&Ordinance Amendment
1
1 was added to Table 6 indicating that any buildings in the B2 airport compatibility zone proposed
2 for more than two stories would be subject to review and approval by the Mendocino County
3 ALUC. The tables have been revised to include these changes (see attachment 6, pages 33
4 and 35).
5
6 ENVIRONMENTAL REVIEW - MITIGATED NEGATIVE DECLARATION
7
8 Planning Department staff prepared an Initial Environmental Study (IS) in order to evaluate the
9 potential impacts that could result from the Downtown Zoning Code. The IS identified potential
10 impacts to air quality, biological resources, cultural resources, and traffic (see attachment 4,
11 pages 11-12). As part of the IS, mitigation measures were identified that would reduce the
12 impacts to less than significant levels; therefore, a mitigated negative declaration was prepared
13 for the DZC (see attachment 4, pages 77-78). In response to the notice sent to the State
14 Clearinghouse for distribution to State Agencies, two correspondences were received, one from
15 the Public Utilities Commission (PUC) and one from Caltrans (see attachment 5). Neither
16 correspondence requested additional environmental review or suggested modifications to the
17 mitigated negative declaration. Staff prepared a response to each comment (see attachment 5).
18 No comments from the public have been received in response to the notice for the mitigated
19 negative declaration.
20
21 STAFF ANALYSIS
22
23 The Downtown Zoning Code would change the zoning of all of the parcels located within the
24 boundaries of the Code from Community Commercial (C1), Heavy Commercial (C2), or
25 Neighborhood Commercial (CN) to General Urban (GU), Urban Center (UC), or powntown Core
26 (DC). The Downtown Zoning Code includes thirteen different sections (see attachment 6, Table
27 of Contents) addressing building and site uses, land use, site planning and development,
28 architecture, historic buildings, parking requirements, tree preservation and planting standards,
29 circulation, and definitions.
30
31 During the workshop process, City Council received comments on the Downtown Zoning Code
32 from the public, business owners, and property owners. Most of the comments were related to
33 the use tables (Section 4: Building and Site Uses, Table 3: Allowed Uses and Permit
34 Requirements) and street extensions (Section 11: Circulation Standards). Most of the changes
35 made to the DZC by City Council were to allow more uses "by right" (no use permit required).
36
37 The purpose of a use permit is to ensure that the use is compatible with surrounding land uses
38 and will not be detrimental to public health, safety, or welfare. As part of approving a use
39 permit, conditions of approval are typically applied to the use/business to ensure the use will not
40 have adverse effects on the surrounding neighborhood, will comply with code requirements, and
41 not result in an undue need for additional Police, Fire, and other City services that may result
42 from the operation of the business. Often these conditions are related to noise, parking, traffic,
43 loitering, lighting, days and hours of operation, and the need for a management plan.
44
45 Rather than require a use permit, the City Council directed staff to prepare standards for specific
46 land uses in order to address the issues that typically result from the use and which would be
47 dealt with by placing conditions of approval on the use permit. The specific standards are
48 included in Section 5: Standards for Specific Land Uses. The purpose of the standards is to
49 replace the need for a use permit by requiring the use to comply with specific standards.
50
Downtown Zoning Code
Planning Commission Recommendation—Mitigated Negative Declaration&Ordinance Amendment
2
1 The substantive changes made to Planning Commission's draft of the DZC by the City Council
2 are identified below in Table 1. Also included is a discussion of the reasoning behind the
3 change. Other revisions made to the DZC are also identified along with the reason. The entity
4 making the change (City Council, staff, Airport Land Use Commission) is also noted below.
5
6
Table 1:Changes to Downtown Zoning Code
Section Changed Change/ Reason
Made By
Section 3• Zonin
3.010(A):Zoning Districts Staff To more accurately reflect the uses and density of
Downtown Core description changed by the district
staff(code cleanup)
Figure 1:Zoning Map City Council To respond to the request of the property owner.
Added 262 Smith Street(APN 002-191- Recommended by Planning Commission.
23)to boundaries.
Figure 1:Zoning Map City Council To remove property that cannot be developed due
Removed railroad property(APN 002- to railroad tracks.
193-44)from boundaries. Recommended by Planning Commission and staff.
Figure 1:Zoning Map Staff To correct mapping error.
Added all of Walgreens parcel,232 Part of parcel zoned UC, part out of boundaries.
Hospital Drive(APN 002-193-29).
Figure 1:Zoning Map City Council To create consistent uses and development along
Changed GU zoned parcels on the north the Perkins Street corridor. No change was made
side of Perkins Street to UC. to the GU parcels on the south side due to their
proximity to residential neighborhoods on Leslie
Street,Warren Drive and Stella Drive.
Figure 1:Zoning Map City Council To create consistent use and development
Expanded boundaries of the Downtown standards for the"core"of the Downtown.
Core to include 6 blocks- Smith to Planning Commission recommendation.
Church and Main to School
Section 4: Buildin and Site Uses
Table 3:Allowed Uses& Staff To encourage this type of use and provide more
Permit Requirements Added "Live Entertainment"as an entertainment opportunities. The standards added
Live Entertainment "Accessory" Use subject to compliance were based on Planning Commission approval of
with specific standards. previous use permits for live entertainment and
compliance with applicable City Codes.
Table 3:Allowed Uses& Citv Council To encourage development of these uses in the
Permit Requirements Changed hotels, motels and bed and boundaries of the DZC.
Hotels, Motels, and Bed and breakfast to Allowed Use regardless of
ereakfast the number of rooms.
Table 3:Allowed Uses& Citv Council To allow formula bakeries,coffee shops, and ice
Permit Requirements Allowed Exemptions to"Restaurant cream shops which could encourage more activity
Restaurant Formula Fast Formula Fast Food." and extended business hours downtown.
Food-Exemption
Table 3:Allowed Uses& Staff To encourage this use and more activity and dining
Permit Requirements This use was originally limited to the options.
OutdoorDining public right-of-way(sidewalk). This use is onsite(not in public right-of-way)and
Added "outdoor dining"as an "Accessory currently requires Planning Commission approval
Use"and created standards. of a Major Use Permit for more than 30 days or
Downtown Zoning Code
Planning Commission Recommendation—Mitigated Negative Declaration&Ordinance Amendment
3
Table 1:Changes to Downtown Zoning Code
Section Changed Change/ Reason
Made By
Zoning Administrator approval of a Minor Use
Permit if 30 days or less.
Table 3:Allowed Uses& Citv Council To encourage this use and more activity and dining
Permit Requirements Changed "sidewalk cafe" to an options.
Sidewalk Cafe "Accessory Use" This use is in the public right-of-way.
Table 3:Allowed Uses& Citv Council To respond to public comment and to allow
Permit Requirements Split"Maintenance/Repair into two computer,vacuum,and similar small appliance
Maintenance/Repair categories by adding repair in all three zoning districts.
"Maintenance/Repair—small equipment,
small appliances."
Table 3:Allowed Uses& Citv Council To respond to public comment to ensure quick
Permit Requirements Added "Business Support Services" use. printing,computer repairs,and similar uses serving
BusinessSupportServices businesses are allowed.
Table 3:Allowed Uses& Citv Council To encourage this use and more activity and dining
Permit Requirements Changed "Tasting Rooms"to"Specialty options.
Tasting Rooms Food and Beverage Sales with Tastings"
Specialty Food and and made an "Allowed Use."
eeverage Sales with
Tastings
Section 5: Standards for S ecific Land Uses
Section 5.060:Live Staff To remove the need for a use permit,encourage
Entertainment Created standards for"Live the use,and make compatible with existing
Entertainment"when allowed by Table 3. businesses,future business and residential uses,
and City Codes.
Section 5.070:Outdoor Citv Council To remove the need for a use permit and to make
Dining Created standards for"Outdoor Dining" compatible with existing businesses,future
when allowed by Table 3. business and residential uses,and codes(parking,
landscaping,accessibility).
Section 5.080:Sidewalk Citv Council To remove the need for a use permit create safe
Cafes Created standards for"Sidewalk Cafes" and shared use of public right-of-way(parking,
when allowed by Table 3. landscaping,accessibility).
Section 5.090: Exceptions City Council To regulate the number of these establishments
to Formula Fast Food within the boundaries of the DZC(limited to 4)and
Restaurant Created standards for the"exemptions" to address impacts that may be associated with
to Restaurant—Formula Fast Food when these uses(such as design,signage,trash disposal).
allowed by Table 3.
Section 5.100: Staff To replace the requirements included in Zoning
Condominiums Created standards for"Condominiums" Ordinance,Article 12:Condominium Development
when allowed by Table 3. that are inconsistent with the DZC.
Section 5.140:Specialty To remove the need for a use permit and to make
Food&Beverage Sales City Council compatible with existing businesses,future
with Tastings Created standards for"Specialty Food& business and residential uses,to address concerns
Beverage Sales with Tastings"when associated with this type of use,and make
allowed by Table 3. consistent with codes.
Section 6: Site and Buildin Develo ment Standards
Table 4:Site Development Airport Land Use Commission To ensure consistency with the Mendocino County
Standards Added note to"Residential Density"and Comprehensive Land Use Plan.
footnote 3 as requested by the ALUC.
Downtown Zoning Code
Planning Commission Recommendation—Mitigated Negative Declaration&Ordinance Amendment
4
Table 1:Changes to Downtown Zoning Code
Section Changed Change/ Reason
Made By
Table 4:Site Development Airport Land Use Commission To ensure consistency with the Mendocino County
Standards Added note to"Lot Standards"as Comprehensive Land Use Plan.
requested by the ALUC.
Table 6:Standards for Airport Land Use Commission To ensure consistency with the Mendocino County
Principal Buildings Added footnote 8 to"Building Height" Comprehensive Land Use Plan.
and "Existing Building"as requested by
ALUC.
Section 9: Parkin Re uirements
Section 9.020(C) City Council To reduce the number of parking spaces required
Changed to require on-street parking to on site and to encourage alternate forms of
be counted toward the parking transportation.
requirement.
Section 9.030,Table 14 Staff To remove redundant Exception process when a
Added footnote for parking to be Use Permit is required. Use Permits often establish
determined by Use Permit rather than the parking requirement for a project.
Major Exception when a Use Permit is
required for the project.
Section 9.030(G) City Council To encourage the use of low impact development
Changed to allow low impact improvements(LID) in or to treat parking areas,
development improvements(LID) in reduce onsite parking requirements,and
parking areas to qualify for a reduction in encourage alternate transportation.
the number of parking spaces required.
Section 11: Circulation Standards
Stephenson Street City Council To address concerns of property owners.
Extension Removed from the Circulation Map and
revised text to include as a
"Recommended Street."
Church Street Extension Citv Council To address concerns of property owners.
Removed from the Circulation Map and
revised text to include as a
"Recommended Street."
Section 13: Buildin and Site Uses
Section 13.030: Definitions City Council To address public comment on including use(s)that
Added definition for"Business Support allows printing,computer repair,and film/photo
Services." processing services.
Section 13.030: Definitions Citv Council To address public comment and differentiate the
"Maintenance/Repair" Revised definitions to include three types various types of repair services.
of maintenance/repair services—
small equipment,small appliances; client
site services,and equipment, large
appliances.
Section 13.030: Definitions Staff/City Attorney To vague and "quickly made," "low nutritional,"
"Restaurant—Formula Fast Deleted criteria "A" and "inexpensive"are difficult to define and for
Food" Serves food/meals that are quickly made, staff to enforce.
of low nutritional value, and inexpensive.
Section 13.030:Definitions Citv Council To encourage and emphasize the sale of the
"Tasting Rooms" Revised name to"Specialty Food and product along with the tasting of the product.
Beverage Sales with Tastings."
Downtown Zoning Code
Planning Commission Recommendation—Mitigated Negative Declaration&Ordinance Amendment
5
1 PUBLIC NOTICE
2
3 Notice of the public hearing was provided in the following manner:
4
5 ■ published in the Ukiah Daily Journal on July 15, 2012;
6 ■ mailed to property owners on July 12, 2012; and
7 ■ emailed to interested parties on July 12, 2012.
8
9 As of the date of this staff report, no correspondence has been received.
10
11 NEXT STEPS
12
13 Should Planning Commission recommend City Council adopt the MND for the Downtown
14 Zoning Code and introduce and adopt an ordinance to amend Ukiah City Code Division 9
15 (Planning and Development), Chapter 2 (Zoning) to include the Downtown Zoning Code, the
16 City Council will hold a public hearing on September 5, 2012 to consider Planning Commission's
17 recommendation.
18
19 ATTACHMENTS
20
21 1. Draft Resolution to Adopt Mitigated Negative Declaration
22 2. Draft Ordinance to Amend the Ukiah City Code to include the Downtown Zoning Code
23 3. City Council Downtown Zoning Code Workshop Minutes
24 4. Mitigated Negative Declaration and Initial Environmental Study (sent separately to
25 Commissioners on July 11, 2012)
26 5. Comments from Public Agencies on Mitigated Negative Declaration and Initial
27 Environmental Study
28 6. Final Draft Downtown Zoning Code (City Council Recommended)
29
Downtown Zoning Code
Planning Commission Recommendation—Mitigated Negative Declaration&Ordinance Amendment
6
1 ITEM NO. 9B
Community Development and Planning Department
L�ity of Zikah 300 Seminary Avenue
Ukiah, CA 95482
planninq c(�.cityofukiah.com
(707)463-6203
2
3 DATE: August 8, 2012
4
5 TO: Planning Commission
6
7 FROM: Jennifer Faso, Associate Planner
8
9 SUBJECT: Request for Approval of a Site Development Permit to allow the reconstruction of
10 the McDonalds restaurant building, drive-thru, and associated site improvements
11 and a Use Permit for outside dining
12 115 North Orchard Avenue, APN 002-200-40
13 File No. 11-07-SDP-PC
14
15 RECOMMENDATION
16
17 Staff recommends Planning Commission approve: 1) the requested Site Development Permit
18 based on the draft findings included in attachment 1 and subject to the conditions of approval
19 included in attachment 2; and 2) the requested Use Permit based on the draft findings included
20 in attachment 3 and subject to the draft conditions of approval included in attachment 4.
21
22 PROJECT DESCRIPTION
23
24 An application has been received from CRM Architects and Planners Inc. on behalf of
25 McDonalds requesting approval for a Site Development Permit to construct a new 3,904 square
26 foot restaurant building with drive-thru and associated site improvements and a Use Permit for
27 outside dining at 115 North Orchard Avenue, APN 002-200-40. The existing building and all site
28 improvements would be demolished. The project includes 24 onsite parking spaces, a drive-thru
29 with queuing for 13 cars, 8 bike parking spaces, landscaping, street trees, new signage, and
30 outdoor dining (see attachment 5, project description; attachment 9, details, signs, and lighting;
31 and attachment 10, project plans). The basement and play place would be removed and would
32 not be reconstructed. The existing pole mounted sign adjacent to the east property line would
33 remain. The current hours of operation are 5:00 a.m. to midnight for the drive-thru and 5:00
34 a.m. to 11:00 p.m. for the dining room and are not proposed to change. The business would
35 have the following operating characteristics:
36
37 • Three shifts per day (open, mid-day, and closing);
38 • Five to ten employees per shift;
39 • 65 to 70 seats in the dining room; and
40 • 12 seats for outside dining (based on seating shown on site plan).
41
1
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
1 As part of the Site Development Permit, the applicant is requesting approval of modifications to
2 the landscaping requirements to: 1) plant one tree between every four (4) parking stalls within a
3 continuous linear planting strip; 2) install a defined pedestrian pathway through the parking lot;
4 and 3) provide tree canopy of fifty percent (50%) over all paved areas within ten (10) years of
5 planting. The applicant is also requesting approval of an Exception to the number of onsite
6 parking spaces required in order to provide two (2) fewer than required by the zoning ordinance
7 (see attachment 6 & 7, modification and exception requests).
8
9
10 BACKGROUND
11
12 The Planning Commission preliminary reviewed this project in February of 2012 (see
13 attachment 8, Planning Commission minute). At the preliminary review meeting, Planning
14 Commission provided the following comments:
15
16 • Okay with the contemporary design of the building.
17 • Consider a lighter color palette for the building.
18 • Consider providing outdoor seating.
19 • Design the building and site to be appropriate for a gateway location and keep in mind
20 that all four elevations are very visible.
21 • Consider a pedestrian path through the parking lot from Perkins Street.
22 • Consider moving the building closer to Perkins Street.
23 • Make sure that there is adequate access and circulation to and around the trash
24 enclosure for the trash company.
25 • Okay with the drive-thru wrapping around the front of the building based on the
26 applicant's description of site operations.
27 • Provide a rendering(s) of the site with landscaping as part of the formal application.
28 • Include the planned improvements for the intersection of Orchard Avenue/Perkins Street
29 on the site plan.
30
31 The applicant has included a response to Planning Commission's preliminary review comments
32 (see attachment 5, Project Description).
33
34 SETTING
35
36 The project site is located at 115 North Orchard Avenue APN 002-200-40 which is on the
37 northeast corner of North Orchard Avenue and Perkins Street. The site is currently developed
38 with a McDonalds restaurant, drive-thru and site improvements which include a parking lot and
39 minimallandscaping.
40
41 The property is zoned Community Commercial (C1) and is surrounded by the following uses.
42
43 • North: JC Penny (part of Pear tree Center) zoned Community Commercial ( C1)
44 • South: Gas Stations zoned Community Commercial (C1)
45 • East: Highway 101 off-ramp
46 • West: Vacant lot and Pear Tree Shopping Center zoned Community Commercial ( C1)
2
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
1 STAFF ANALYSIS
2
3 General Plan. The General Plan land use designation of the project site is Commercial (C).
4 This land use designation is intended to allow for a variety of commercial uses in areas that are
5 served by publicly-maintained roads and in areas with anticipated growth. Examples of
6 allowable uses include retail, service business, general commercial, public facilities, places of
7 public assembly, parking lots and residential uses. The proposed restaurant with drive-thru is
8 consistent with the intent of this designation. Staff analysis of consistency with applicable
9 General Plan policies is included in Table 1 below.
10
Table 1: General Plan Goals and Policies
General Plan Goal/Polic Staff Anal sis
Community Design
Goal CD-7.Improve the appearance of The project would include a newly constructed building and associated
area gateways. site improvements.The project would change the site configuration
Note: North State Street is identified as and install new landscaping. Many of the guidelines from the
a "second level"Gateway. Downtown Design District have been incorporated into the project and
Policy CD-7.1.Establish public policy to would enhance the appearance of the gateway. This is discussed
enhance and improve the appearance of further in table 3 below.
area gateways.
Goal CD-17:Require commercial and The proposed project would include a new parking lot and associated
industrial parking lots to be designed parking lot landscaping. Landscaping with street trees and parking lot
and sited so as to increase the trees which would screen the parking lot from North Orchard would be
attractiveness of the areas in which they installed.
are located.
The drive-thru and parking lot configuration has been redesigned from
Policy CD-17.1 Site commercial and the existing configuration. The new site design would improve the
industrial parking lots to be designed appearance and traffic pattern of the existing onsite parking facility
subservient to the structure it serves.
Implementation Measures CD-171(a).
When feasible, locate parking facilities
to the rear of the main structure
11
12 Ukiah Airport Master Plan. The project site is located within the B-2 zone (Extended
13 Approach-Departure Zone) on the Airport Compatibility Zone Map and is subject to moderate
14 risks and frequent noise intrusions from aircraft. In-fill Policy 2.1.6 of the Compatibility Plan is
15 applicable to the entirety of the B-2 zone and states:
16
17 New development of a similar intensity to thaf of surrounding, already existing uses is
18 allowed provided that non-residential uses shall not exceed 90 people per acre and shall
19 not exceed two sfories in height. With regard to the " Compatibility Criteria" table in
20 general, the reference to "Significant risk" under the impact elements for the 82 zone
21 should be changed to "Moderate risk"(Airport Master Plan page 7-33 & 34).
22
3
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
1 Table 2 includes the B2 In-fill policy criteria and compatibility criteria from Table 7A that apply to
2 the proposed project and staff's analysis.
3
Table 2: Summa of B2 In-Fill Polic and Com atibili Criteria
B2 Compatibility Criteria Staff Analysis
Low intensity retail and office uses are The project will allow McDonalds to reconstruct the restaurant with
normally acceptable uses in the 62 drive-thru and associated site improvements. The new restaurant will
compatibility zone. be similar in intensity to the previous McDonalds and is consistent with
low intensity retail uses which are allowed in the B2 zone
Recording of a Deed Notice is This Deed Notice has been included as a condition of approval (see
considered an acceptable alternative attachment 2,condition 3).
to dedication of an avigation or
overflight easement in the B2 zone.
The maximum density is 90 people The In-Fill policy allows 90 people per acre for non-residential uses
per acre for non-residential uses in therefore given that the site is.81 of an acre the maximum density
the 62 In-Fill area. cannot exceed 72 people. (.81 acre site 90 people/acre).
Based on the information provided the applicant, most of the
transactions are drive-thru and if distributed throughout the hours of
operation for the Project results in 37 drive-thru transactions per hour.
Ten employees would be on the maximum shift. Distributing the
remaining transactions throughout the operating hours result in 17 dining
room transactions per hour. This would result in an estimated 64 people
on the site per hour. It is likely that most people except employees are
on the site far less than one hour and drive-thru customers are likely on
the site for less than 10 minutes.
Minimum 30%"Open Land" is The size of the parcel is.81 acre.The proposed footprint of the building is
recommended. 3,904 square feet, leaving 89%of open land (3,904 sf/35283 sf)which
exceeds the amount recommended for this zone.
This is applied to the entire area with
a B2 designation not just the project
site.
4
5 Downtown Zoning Code. The subject property is located within the boundaries of the Draft
6 Downtown Zoning Code (DZC). Since the DZC has not been adopted, this project is not subject
7 to those requirements. The applicant was referred to the draft DZC online for consideration.
8 The applicant was provided the tree lists included in the draft DZC since the Master Tree List
9 was outdated and the Tree Advisory Group was developing a new Master Street Tree List and
10 additional tree lists for the city.
11
12 Trees. As noted above, staff provided the applicant with the draft tree lists from the Downtown
13 Zoning Code for consideration when designing the landscaping plan. The landscaping plan was
14 reviewed for consistency with both the draft DZC tree lists and the newly adopted Master Tree
15 Lists. Since the DZC has not yet been adopted and the Master Tree Lists had not been
4
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
1 adopted at the time the application was submitted, the Project is not required to use the trees on
2 either list.
3
4 All of the trees included in the landscaping plan are included on the Master Tree Lists or on draft
5 Downtown Zoning Code trees lists with the exception of the Oregon White Oak. Although this
6 oak species is not specifically listed, many other species of oaks are.
7
8 Zoning. The zoning of the project site is Community Commercial (C-1). The purpose of this
9 zoning district is to provide a broad range of commercial land use opportunities along primary
10 transportation corridors within the City and to encourage the establishment of community wide
11 commercial servicing land uses. Table 2 below includes the applicable requirements of the
12 zoning ordinance with analysis of the project.
13
Table 3: Zoning Ordinance and Site Analysis
Zoning Ordinance Requirement Staff Analysis
Use
Restaurant
An allowed use (no use permit required) The proposed restaurant with drive thru is an allowed use.
ZO Section 9081
Outside Sales
Outside sales are allowed with approval of a Use The applicant is requesting approval to allow outside dining
Permit and shall comply with the following and has included a request with this application.
criteria:ZO Section 9082 The proposed outside sales(outside dinning)would be ancillary
to the restaurant.The outdoor dining is consistent with the
1. Parking shall be designated for a criteria for outside sales based on the following:
minimum of three automobiles,
located off of the public right of way. 1. The Project includes 24 onsite parking spaces. In
The use permit may require additional addition,the outdoor dining is located in an area of
parking,depending on the nature of high employment density and many people may walk
sales proposed. to the site. The Project also provides eight bike racks.
2. A maximum of 25%of the largest side 2. No signs are proposed in association with the outside
of the vehicle or structure used in the dining.The existing freeway sign will remain and any
sales operations. In addition one new signs will be reviewed and approved through a
sandwich board or A-frame sign the Site Development permit and building permit.
pursuant to sign ordinance. 3. The site has existing sanitary sewer,water and
3. The need for sanitary sewer,water and electrical services and have been received as part of
electrical services shall be determined the proposed reconstruction of McDonalds.
through the use permit process,and all 4. The existing business has a current business license.
hookup shall comply with the code.
4. Business license must be prominently
displayed at all times,and the operator
shall have proof of board of
equalization sales permit.
Development Standards
5
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 3: Zoning Ordinance and Site Analysis
Zoning Ordinance Requirement Staff Analysis
The zoning ordinance includes development The project has been reviewed for compliance with the
standards for building height,site area,and yard development standards in terms of building height,site area,
setbacks. and yard setbacks.The project is consistent with the
requirements.
Vehicle Parking Requirements
Restaurant. One parking space for every three Ten employees on the maximum shift require 5 parking spaces.
(3)seats,with a minimum of four(4)spaces.An Seventy seats in the dining room plus 12 for the outdoor dining
additional parking space for each two(2) (as shown on the site plan) requires 27 parking spaces.The
employees at maximum shift. restaurant with outdoor dining requires 32 parking spaces(27+
5).
Drive-In/Drive-Thru/Take-Out. Minimum of Based on a 3,904 square foot building,39 parking spaces would
ten (10) parking spaces or one space for each be required. The Project provides queuing for 13 vehicles in
one hundred (100)square feet of gross floor the drive-thru which exceeds the queuing requirement.
area,whichever is greater and stacking area for
at least eight(8)vehicles for drive up windows. Total Parkin�Required
The total number of parking spaces required for the restaurant
and drive-thru is 71(32+39). The Project provides 24 parking
spaces plus queuing for 13 vehicles in the drive-thru. The
existing restaurant provides 30 onsite parking spaces and
queuing for fewer vehicles in the drive-thru.
Parking Exception Request Parkin�Exception Request
As allowed by Section 9086(H),the applicant is In order to determine the number of parking spaces required,
requesting approval of an Exception to the the number of spaces for the restaurant is added to the
number of parking spaces required (see number of spaces required for the drive-thru.Since the drive-
attachment 7) based on circumstances unique thru provides queuing for more vehicles than required and the
to the use or property that results in less restaurant is also being parked, in staff's opinion,the number
parking demand. of parking spaces required for the Project should be 32 rather
than 71. However,the Code does not provide for this
discretion except through the approval of an Exception.
The applicant has indicated the drive-thru accounts for 65-70%
of its business. Based on an average of 1,000 transactions per
day,300 are handled in the restaurant. Spreading this number
of transactions over 18 overs(hours the dining room is open),
results in 17 transactions per hour. The applicant has indicated
that with the removal of the Play Place,the length of the stay
would be reduced allowing parking stalls to turn-over more
rapidly.
In addition to the above,the Project provides eight bike parking
spaces and is in an area of high employment density which
allows many people to walk to the site rather than drive.
Based on the above,staff supports the Exception requested by
the applicant and has included findings to support the
Exception (see attachment 1,finding 9).
6
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 3: Zoning Ordinance and Site Analysis
Zoning Ordinance Requirement Staff Analysis
Bike Parkin�-Z.O.Section 9086(eJ Based on 71 required vehicle parking spaces,7 bike parking
10%of required vehicle parking spaces are required. The project provides four bike parking
spaces in inverted "U" bike racks and four spaces in bike lockers
which exceeds the number of bike parking spaces required.
Landscapin�-Z.O.Section 9087
The Project includes perimeter parking lot and site landscaping,
1. Landscaping shall be proportional to the street trees, parking lot trees, and perimeter trees. The
building elevations. landscaping includes trees,shrubs and groundcover.The
amount of landscaping provided is commensurate with the size
of the building and the mature size of the trees is proportional
to the building elevations,including building length and height.
2. Landscape plantings shall be those which The applicant consulted with a local landscape contractor
grow well in Ukiah's climate without (Johnson Custom Landscape)as well as a landscape architect
extensive irrigation. Native species are from Petaluma to design the landscaping plan for the Project.
strongly encouraged. The landscape contractor has extensive knowledge of plants
that are successful in Ukiah. All of the plants are low or
moderate water usage. The landscaping plan is required to
comply with the State's Water Efficient Landscape Ordinance
and the new Cal Green Building Code.
3. All landscape plantings shall be of sufficient The landscaping plans identify the trees as#15 size, shrubs as 5
size, health,and intensity so that a viable gallon,and groundcover as 1 gallon which is a size that would
and mature appearance can be attained in achieve the desired result. The plant size and spacing would
a reasonably short amount of time. achieve the result required.
4. Deciduous trees shall constitute the All of the tree species listed on the landscape plan are
majority of the trees proposed along the deciduous except for Arbutus'Marina'which is used as a street
south and west building exposures; tree on Orchard Avenue,at the southeast corner of the site,
nondeciduous street species shall be and in the middle of the parking lot. Ulmus`Frontier' is shown
restricted to areas that do not inhibit solar on the south elevation. No trees are planted on the south side
access. of the building since this is the outdoor dining area and the
location of the drive-thru. Nondeciduous(Ulmus)street trees
are planted to the west of the building.
The placing of the species planted is consistent with this
requirement.
5. Parking lots with twelve(12)or more The Project does not comply with this requirement and the
parking stalls shall have a tree placed applicant has requested approval of a modification from this
between every four(4) parking stalls within requirement(see attachment 6). In order to install the
a continuous linear planting strip, rather required tree planters between parking stalls,the parking lot
than individual planting wells, unless clearly would need to be expanded and parking spaces removed. The
infeasible. Project will provide 40 trees and more than 10,000 square feet
of landscaping. The Project will also provide 50%shade
This is also a Design Guideline coverage of paved areas within 15 years.
In staff's opinion,the site constraints related to the size of the
Modification Reauest site,creating a functional drive-thru and site circulation,and
As allowed by Zoning Ordinance section creating a gateway quality landscaping plan, limit the
9087(C)(1)(I),the applicant is requesting opportunities for providing the required landscape islands
7
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 3: Zoning Ordinance and Site Analysis
Zoning Ordinance Requirement Staff Analysis
Planning Commission approval of a modification between parking spaces. Further reducing the number of
to this landscaping requirement(see parking spaces in order to provide the island planters could
attachment 6). modification. result in under parking the site and create circulation issues for
the site and Orchard Avenue when/if customers and/or
employees cannot find parking on the site. Staff requests
Planning Commission determine if the requested Modification
to this requirement should be granted as requested and has
included a draft finding in support of this modification as part
of the site development permit findings(see attachment 1,
finding#8).
6. Parking lot trees shall be designed to The Zoning Ordinance requires a shade percentage to be
provide a tree canopy coverage of fifty achieved at 10 years, however the code does not indicate how
percent(50%)over all paved areas within the shade coverage should be calculated, provide the canopy
ten (10)years of planting. Based upon the size of various tree species at 10 years,or define the parking
design of the parking lot,a reduced number area that is subject to this requirement.
of trees may be approved through the Based on staff research,communities that have a shade
discretionary review process. ordinance most commonly use a 15 year tree canopy when
calculating shade coverage. In addition,tree canopy size can
Modification Request double between 10 and 15 years. Staff was unable to find
As allowed by Zoning Ordinance section another community that used a 10 year canopy for the purpose
9087(C)(1)(I),the applicant is requesting of calculating shade coverage. Staff directed the applicant to
Planning Commission approval of a modification use the information provided by the City of Davis shade
to this landscaping requirement(see ordinance to calculate the shade coverage.
attachment 6).
Staff recommends Planning Commission approve the
modification since the shading provided is consistent with other
modifications recently approved by the Planning Commission.
Staff has included a finding in support of this modification (see
attachment 1 finding#6).
7. Parking lots shall have a perimeter planting The Project includes perimeter landscaping around the parking
strip with both trees and shrubs. lot and drive-thru as required. The Project also has landscaping
along all property lines.
8. Parking lots with twelve(12)or more The Project includes an accessible path from the Orchard
parking stalls shall have defined pedestrian Avenue sidewalk,across the drive-thru to the front of the
sidewalks or marked pedestrian facilities building. The Project does not include a pathway through the
within landscaped areas and/or separated parking lot.
from automobile travel lanes. Based upon At the preliminary review, Planning Commission requested a
the design of the parking lot,and the use path through the parking lot from Perkins Street and inquired
that it is serving, relief from this about providing a sidewalk on Perkins Street as part of the
requirement may be approved through the Project. No path was requested from Orchard Avenue.
discretionary review process.
Public Works reviewed the Project and has indicated that a
Modification Reauest sidewalk should not be provided on the Perkins Street frontage
As allowed by Zoning Ordinance section since the sidewalk would not connect to any other sidewalk
9087(C)(1)(I),the applicant is requesting east of the Project and they do not want to encourage people
S
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 3: Zoning Ordinance and Site Analysis
Zoning Ordinance Requirement Staff Analysis
Planning Commission approval of a modification to walk in this area since there is no sidewalk available. Public
to this landscaping requirement(see Works also requested that a fence be installed along the
attachment 6). Perkins Street frontage to prevent pedestrians from walking in
this area of Perkins Street. Public Works did require an
easement on Perkins Street so that a sidewalk could be
installed in the future if the overpass is rebuilt/modified to
include a sidewalk on the north side which would provide a
connection to the sidewalk on the Project site.
Based on the safety concerns raised by Public Works,staff
supports the request for not providing a path from Perkins
Street and has included a finding as part of the site
development permit findings(see attachment 1,finding#7).
Staff requests Planning Commission determine if the accessible
path from Orchard Avenue is adequate to comply with this
requirement or if any addition path should be provided from
Orchard Avenue.
9. All new developments shall include a The current site does not meet this requirement since it
landscaping coverage of twenty percent provides less than 1500 sf of landscaping which is less than 5%
(20%)of the gross area of the parcel, unless of landscape coverage.
because of the small size of a parcel,such The Project includes 10,985 square feet of landscaping which is
coverage would be unreasonable.A 31%of landscape coverage,exceeding the requirement. More
minimum of fifty percent(50%)of the than SO%of the landscaping is live plantings.
landscaped area shall be dedicated to live
plantings.
10. All required landscaping for commercial The standard condition of approval for landscape maintenance
development projects shall be adequately has been applied to the Project(see condition#23). The site is
maintained in a viable condition. also subject to the City's Commercial Property Maintenance
Ordinance.
1
2 Sign Ordinance. The applicant has indicated in the Project Description that the existing pole
3 mounted freestanding sign will remain. The Project includes the following additional signs:
4
Location Si n T e s S uare Foota e
East Property Line Freestanding pole mounted sign 196 square feet
Orchard Avenue Frontage Freestanding monument sign measuring 35 square feet
8-feet,9-inches from grade
West Building Elevation Building mounted-one"golden arches", 52.3 square feet
(Orchard Avenue) one"McDonalds"and one"Welcome"
South Building Elevation Building mounted signs:-one "golden 16.3 square feet
(parking lot) arches" and one"Welcome"
North Building Elevation Building mounted signs-one"golden 49.3 square feet
arches"and one"McDonalds"
9
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
East Building Elevation Building mounted sign-one"golden 13.3 square feet
arches
Drive-thru Freestanding drive-thru and menu board 40 square feet
Total Sign Area N/A 360.2 feet
1
2 The project site has frontage on Orchard Avenue and Perkins Street. Based on 188 feet of
3 frontage on Orchard Avenue plus 157 feet of frontage on Perkins Street, the project is allowed a
4 maximum of 517 square feet of signage.
5
6 The proposed signs are consistent with the sign ordinance requirements for signage with the
7 exception of the outlining of the building that is proposed on the west and south elevations. The
8 lighting of the yellow canopies has the same effect as outlining the building in artificial lighting
9 which is prohibited by Sign Ordinance section 3226(k). Staff has discussed this with the
10 applicant. The applicant has indicated that they would prefer to remove the lighting rather than
11 apply for a Variance. Staff has included draft condition # 2B requiring the lighting be removed on
12 the plans submitted for building permit.
13
14 Design Guidelines. The project is located within the boundaries of the City of Ukiah Downtown
15 Design District. Therefore, the project is subject to the Downtown Design District Guidelines.
16 Table 4 below provides an analysis of the project's consistency with the design guidelines for
17 projects inside of the Downtown Design District.
18
Table 4: Design Guidelines for Projects inside the Downtown Design District Consistency
Analysis
Site Plannin
Site Features
Site design is compatible with the The project involves the reconstruction of the McDonalds restaurant
natural environment,and incorporates and associated site improvements.As part of the project new
the major existing features. landscaping will be installed.
Coordination
Facilities are shared and coordinated The project would reconstruct an existing McDonalds restaurant and
with adjacent properties. associated site improvements as part of the reconstruction the existing
driveways will be moved north improving flow and circulation off of
North Orchard Avenue.
Setbacks are compatible with character
of adjacent frontages. The project site is located within an established commercial corridor.
The new building will be located along the northern portion of the site
Setbacks are minimized to enhance the with the drive-through wrapping around the building.There will be
pedestrian environment. landscape along the North Orchard frontage.This proposal is consistent
with the character of the adjacent frontages and in fact will enhance the
neighborhood.
The plans submitted show landscaping along the North Orchard frontage
that will enhance the pedestrian environment. The plans also show a
10
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 4: Design Guidelines for Projects inside the Downtown Design District Consistency
Analysis
walkway from the public right-of-way to the reconstructed restaurant.
Compatibility The proposed reconstructed restaurant will continue the existing use on
Uses are functionally compatible. the site.The project site is located within an established commercial
corridor, including Pear Tree Shopping Center. The Project would
relocate the existing driveways further to the north which will improve
conditions at the intersection. The sidewalk and street trees on Orchard
Avenue will also add to the functionality of the Project. Based on the
above,the use will be functionally compatible with the existing uses in
the neighborhood.
Parking Lots The parking lot is located to the south of the building(rather than in
Decrease visual prominence and front of the building)and the site is not overparked which decreases the
reduce heat island effect. prominence of the parking lot. The landscaping plan includes plantings
along the perimeters of the parking lot and site. The landscape plan and
rendering shows landscaping along North Orchard Avenue and Perkins
Street that will screen portions of the parking lot. Parking lot trees are
proposed that will provide a shade canopy over the paved areas,
reducing the hear island effect.
Bicycle parking close to building entries The plans include provisions for four bike parking spaces and a bike
for security;covered if possible locker providing. The bike lockers will provide covered secured parking.
The bike rack is located at the front of the building(southwest corner),
close to the west and south entries
Visual Appearance The main exterior finish of the building is stucco with the exception of
Site and building are visually attractive the front elevation which is primarily stone. Stone accents are used on
from neighboring properties,traffic the other three elevations.Corrugated metal panels are also proposed.
and corridors,and public spaces. The project includes storefront windows on the front and parking lot
elevations which extend approximately 3 feet from the building.
The Project also includes extensive landscaping around the perimeter of
the site and perimeter of the parking lot,as well as street trees, parking
lot trees and perimeter trees using a variety of species.
These features provide an attractive building and landscaping from
neighboring properties,thoroughfares,and public spaces.
Walkable and Bikeable Communities The proposed project includes the installation of one bike locker with
The project provides connections for parking for 4 bikes and a bike rack with parking for 4 additional bikes for
walkers and bicyclists to the a total of 8 spaces.
surrounding community.
The existing sidewalk along North Orchard Avenue will remain and a
Sidewalks provide convenient and safe connection from public sidewalk to the restaurant be provided. Four
access. street trees would be planted on Orchard Avenue as well. No sidewalk
has been provided on Perkins Street(see discussion above).
Entrances provide convenient access.
A pedestrian walkway with pattern concrete is proposed to direct
pedestrian to the front of the building and across the drive through and
to connect the front of the building with the existing sidewalk.
11
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 4: Design Guidelines for Projects inside the Downtown Design District Consistency
Analysis
Maintenance The standard condition of approval for landscape maintenance has been
Demonstrate consideration of site and applied to the Project. The project would also be subject to the City's
building maintenance. Commercial Property Maintenance Ordinance.
Landsca in
Landscapin�
Scale and nature of landscape The landscaping plan submitted with the application provides a range of
materials is appropriate to the site and new trees and shrubs and appears to be generally consistent with the
structure. Community Commercial landscaping requirements.
Street trees selected from Ukiah See"Trees"above.
Master Tree List required.
Si ns
Si�ns The signs proposed are the McDonald's corporate design and logo and
Signs are compatible with architectural are compatible with the proposed colors of the building and building
character of buildings. architecture.A sign permit along with a building permit is required prior
to installation of any signs. A draft condition of approval was been
included.
Lighting
Li htin
Lighting harmonizes with site, building Project lighting includes parking lot lights,as well as exterior building
design,architecture,and landscaping. lights(see attachment 9).The pole mounted lights are International
Darksky Association (IDA)approved and are consistent with others
installed in the area.
Lighting minimizes effects on adjacent A photometric site plan has been submitted with the application to
properties,auto and pedestrian demonstrate that there will be minimal effect on adjacent properties.
movement and night-time sky.
Visitabilitv and Universal Desisn
The site and its elements are accessible The proposed project would be subject to the accessibility requirements
to people at differing stages,ages and of the building code and will include ADA parking and access pathways
circumstances of life;accessible as required.
primary and interior entrance and
routes.
1
2 Site Development Permit. Pursuant to Zoning Ordinance Section 9261(b), a Site
3 Development Permit is required for all new commercial construction. Table 5 below shows the
4 specific findings that are required before the Site Development Permit can be approved along
5 with staff consistency analysis.
6
7
8
9
10
12
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 5: Summa of Pro�ect Consisten with Site Develo ment Permit Findin s
Zoning Code Site Development Permit Staff Analysis
Findin s
The proposal is consistent with the goals,objectives, See"General Plan"above.
and policies of the City General Plan.
The location,size,and intensity of the proposed project The proposed project will not create a hazardous or
will not create a hazardous or inconvenient vehicular or inconvenient vehicular or pedestrian traffic pattern
pedestrian traffic pattern. based on the following:
• The proposed project would be similar in size and
intensity of the previous use on the project site and
similar to the surrounding commercial properties.
• There is an existing sidewalk along the North
Orchard Avenue.The existing sidewalk on North
Orchard Avenue would be reconstructed and
modified due to the relocated driveways and the
installation of tree wells. The reconstructed
sidewalk is subject to ADA requirements and would
be five feet wide.
• The project would move the existing driveways
north and eliminate the third driveway. This
change would improve the traffic and pedestrian
circulation and would improve conditions at the
intersection and onsite circulation.
• A pedestrian pathway from the existing public
sidewalk has been included from North Orchard
Avenue to the front of the building.
The accessibility of off-street parking areas and the Off-street parking and access to the drive-thru would be
relation of parking areas with respect to traffic on accessed from a new double wide driveway crubcut off
adjacent streets will not create a hazardous or of North Orchard Avenue.The cars would enter and exit
inconvenient condition to adjacent or surrounding uses. the site from the one driveway with the exception of
the drive-thru customers that could choose to exit
directly from the drive-thru exit lane. The proposed
new traffic circulation on the site would improve the
existing condition with respect to traffic on the adjacent
street and at the intersection. The relocation of the
driveways was requested by the Public Works
Department.
The project including the relocation of the driveways
was reviewed by the Public Works Department and it
was determined that it would not create a hazardous
conditions.
Sufficient landscaped areas have been reserved for Landscaping is proposed along all property lines of the
purposes of separating or screening the proposed project site and the project is required to comply with
structure(s)from the street and adjoining building sites, the landscaping requirements of the C-1 zoning district.
13
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
and breaking up and screening large expanses of paved The project is generally consistent with these
areas. requirements; however,the applicant has requested
modifications to specific landscaping requirements(see
attachment 6 modification request. )
Should the Planning Commission choose to approve the
modifications,the project would be consistent with this
finding.
The proposed development will not restrict or cut out The project complies with the C1 height and setback
light and air on the property,or on the property in the requirements which are developed in order to ensure
neighborhood; nor will it hinder the development or adequate light and air and separation of uses.The
use of buildings in the neighborhood,or impair the project would not cut out light or air or hinder the
value thereof. development or use of building in the neighborhood
based on the following:
• The surrounding properties are already developed.
The proposed building would be in a location that
would maintain separation between the new
building and the existing development on adjacent
properties.
• The project is appropriately designed as required
by C1 zone development standards.The project
received preliminary review by the Planning
Commission and requires formal project approval
by the Planning Commission.This process ensures a
quality project that would not impair the value to
properties or development.
The improvement of any commercial or industrial Not applicable.
structure will not have a substantial detrimental impact The site is not located in or adjacent to a residential
on the character or value of an adjacent residential zoning district.
zoning district.
The proposed development will not excessively damage The proposed project would be a reconstruction project
or destroy natural features, including trees,shrubs, with associated site improvements of a site that has
creeks,and the natural grade of the site. been developed for many years therefore water
courses,wildlife,wildlife habitat or other
environmentally sensitive areas are not present.
There is sufficient variety,creativity,and articulation to See Design Guidelines discussion above
the architecture and design of the structure(s)and
grounds to avoid monotony and/or a box-like
uninteresting external appearance.
1
2 Use Permit. In order to approve a Use Permit, the findings included in Zoning Ordinance
3 section 9262(E) are required to be made. The required findings and staffs analysis are included
4 in Table 6 below.
5
6
7
8
14
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
Table 6. Use Permit Anal sis
Outside Dinin
Use Permit Findin s Staff Anal sis
The proposed land use is consistent The proposed project is consistent with the General Plan as described
with the provisions of this Title as well under General Plan above.
as the goals and policies of the City
General Plan. The project is consistent with the Zoning Ordnance as described in Table
3 above.
The proposed land use is compatible The proposed outside dining would be ancillary to the restaurant use that
with surrounding land uses and shall is an allowed use on the site and is similar in nature to surrounding land
not be detrimental to the public's uses.The hours for outside dining would be the consistent with the
health,safety and general welfare. hours of operation of the restaurant.
The project will not be detrimental to the public's health,safety and
general welfare based on the following:
• The Project provides 24 parking spaces plus queuing for 13
vehicles in the drive-thru. Outdoor dining is limited to seating
for up to 12 people due to the number of onsite parking spaces
provided (see attachment 4,condition 4) .
• The permittee is responsible for maintaining all outdoor dining
furnishings and the outdoor dining area in good condition,
including but not limited to the following:
A. All outdoor dining furnishings and all exterior surfaces
within the outdoor dining area shall be easily cleanable and
kept clean and free of debris; and
B. The outdoor dining area and adjacent areas shall be kept in
a clean and safe condition.
• Prior to commencement of outdoor dining,a "Trash Disposal
Plan"shall be prepared by the applicant and submitted to the
Planning Director for review and approval. The Plan shall
address litter control,trash collection,on-site storage,and pick-
up on a regular basis. The Plan shall include proof of a contract
with the City disposal contractor,and specify that such a
contract shall be maintained as a requirement for the issuance
and retention of the Use Permit(Condition of Approval# ) .
• The project has been reviewed by the Fire Marshal, Police
Department, Building Official,and Public Works and any review
comments from these departments have been included as
conditions of approval.
• The project is required to comply with all federal,state and local
laws.
• The project is consistent with the Airport Master Plan 62
compatibility zone requirements as noted in Table3.
1
2
3
15
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
1 PUBLIC NOTICE
2
3 A notice of public hearing was provided in the following manner:
4
5 • posted in three places on the project site on July 27, 2012;
6 • mailed to property owners within 300 feet of the project site on July 27, 2012
7 • published in the Ukiah Daily Journal on July 29, 2012;
8
9 As of the writing of this staff report, no correspondence has been received in regards to the
10 project.
11
12 ENVIRONMENTAL REVIEW
13
14 The proposed project is exempt from the provisions of CEQA pursuant to CEQA Guidelines
15 Section 15302(b) Class 2, Replacement or Reconstruction of Existing Structures and Class
16 15303 Class 1(c), New Construction based on the following:
17
18 A. The Project is consistent with the Commercial general plan designation and all
19 applicable general plan policies as well as with the Community Commercial zoning
20 designation and regulations based on the analysis in the staff report.
21
22 B. The Project consists of the reconstruction of a commercial (restaurant building with
23 drive-thru) with less square footage and less seating than the previous building. The use
24 would be continued with the reconstruction of the building.
25
26 C. Approval of the project would not result in any significant effects in relations to traffic,
27 noise, air quality, or water quality because the project site located within a developed
28 urban area that contains existing similar type uses. The Project was referred to Caltrans
29 for review and comment. Caltrans did not have any comments on the Project and did
3o not request a traffic study. Public Works also reviewed the application and did not
31 require a traffic study.
32
33 D. Based on review of the project by Public Works, the Electric Department, Police
34 Department and Fire Marshal, the site can be adequately served by all required utilities
35 and public services.
36
37 DECISION TIMELINE
38
39 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The
4o PSA requires that a decision be made on the project within 60 days of the application being
41 deemed complete. This application was submitted to the Community Development and Planning
42 Department on April 9, 2012 and was deemed complete on July 27, 2012. As such, a decision
43 must be made on the project no later than September 25, 2012. The applicant may request a
44 onetime extension of the decision timeline. The next regularly scheduled Planning Commission
45 meeting is August 22, 2012.
46
47
16
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
1 Attachments
2
3 1. Draft Site Development Permit Findings
4 2. Draft Site Development Permit Conditions of Approval
5 3. Draft Use Permit Findings
6 4. Draft Use Permit Conditions of Approval
7 5. Project Description date stamped July 26, 2012
8 6. Request for Modification to landscape requirement date stamped July 26, 21012
9 7. Request for Exception to parking requirement date stamped July 26, 2012
10 8. Planning Commission Minutes excerpt from February 22, 2012
11 9. Site Details submitted by applicant
12 10. Plans date Stamped July 26, 2012
13
14
15
16
17
18
17
McDonalds
115 North Orchard Avenue,APN 002-200-40
Site Development Permit for Restaurant Building,Drive-Thru,and Associated Site Improvements
Use Permit for Outdoor Dining
File#:12-07-SDP-UP-PC
1 ATTACHMENT 1
2
3 DRAFT SITE DEVELOPMENT PERMIT FINDINGS
4
5 DRAFT FINDINGS FOR APPROVAL OF THE RECONSTRUCTION OF THE
6 MCDONALD'S RESTAURANT AND DRIVE-THRU
7 115 NORTH ORCHARD AVENUE, APN 002-200-40
8 FILE NO: 12-07-UP-PC
9
10 The following findings are supported by and based on information contained in this staff
11 report, the application materials and documentation, and the public record.
12
13 1. The proposed Project, as conditioned, is consistent with the goals and policies of
14 the General Plan as described in the staff report and Table 1.
15
16 2. With the granting of the Exception to the minimum number of parking spaces
17 required and the granting of the Modifications to the landscaping requirements
18 described below, the proposed Project, as conditioned, is consistent with the
19 Zoning Ordinance as described in Table 3 of the staff report.
20
21 3. The proposed Project, as conditioned, is consistent with the Airport Compatibility
22 requirements for the B2 zone based on the following:
23
24 A. The existing restaurant building with Play Place, drive-thru, and site
25 improvements would be demolished and a new restaurant with drive-thru and
26 site improvements would be constructed. The Project also includes a Use
27 Permit for outdoor dining. The new restaurant building including outdoor
28 dining would have fewer seats than the existing building with Play Place.
29
30 B. Pursuant to B2 Infill Policy 2.1.6, low intensity restaurants, retail and offices
31 are acceptable uses in the B2 infill zone. The proposed Project would
32 continue the existing restaurant use of the site and would not result in an
33 increase in intensity.
34
35 C. The In-Fill policy allows 90 people per acre for non-residential uses. Based
36 on a .81 acre parcel, the maximum density is 72 people (.81 acre x 90
37 people/acre). Based on the information provided the applicant, most of the
38 transactions are drive-thru and if distributed throughout the hours of operation
39 for the Project results in 37 drive-thru transactions per hour. Ten employees
40 would be on the maximum shift. Distributing the remaining transactions
41 throughout the operating hours result in 17 dining room transactions per hour.
42 This would result in an estimated 64 people on the site per hour. It is likely
43 that most people except employees are on the site far less than one hour and
44 drive-thru customers are likely on the site for less than 10 minutes.
45
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
1
1 D. Based on a 3,904 square foot building, the Project provides 89% open land
2 which exceeds the recommendation to provide a minimum of 30% of open
3 land.
4
5 4. The proposed Project, as conditioned, is consistent with the findings required by
6 Zoning Ordinance Section 9263(E) for approval of a Site Development Permit
7 based on the following:
8
9 A. The proposed project would be similar in size and intensity of the previous
10 use on the project site and similar to the surrounding commercial properties.
11
12 B. There is an existing sidewalk along the North Orchard Avenue. A new
13 sidewalk and curb would be installed however it would be located along North
14 Orchard Avenue and therefore not changing the pedestrian circulation along
15 North Orchard Avenue.
16
17 C. The project would move the existing driveways north and eliminate the third
18 driveway. This change would improve the traffic and pedestrian circulation
19 and would make the flow for the project site more convenient.
20
21 D. A pedestrian pathway from the existing public sidewalk has been included on
22 the North Orchard Avenue frontage.
23
24 E. Off-street parking and access to the drive-thru would be accessed from a new
25 double wide driveway crubcut off of North Orchard Avenue. The cars would
26 enter and exit the site from the one driveway with the exception of the
27 driveway customers that choose to exit directly from the drive-thru exit lane.
28 The proposed new traffic circulation on the site would improve the existing
29 situation with respect to traffic on adjacent street.
30
31 F. The project including the relocation of the driveways was reviewed by the
32 Public Works Department and it was determined that it would not create a
33 hazardous conditions.
34
35 G. Landscaping is proposed along all property lines of the project site and the
36 project is required to comply with the landscaping requirements of the C-1
37 Zone With the approved modifications the project is generally consistent with
38 these requirements.
39
40 H. The site is not located in or adjacent to a residential zoning district.
41
42
43 5. The project complies with the C-1 height and setback requirements which are
44 developed in order to ensure adequate light and air and separation of uses. The
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
2
1 project would not cut out light or air or hinder the development or use of building
2 in the neighborhood based on the following:
3
4 A. The surrounding properties are already developed. The proposed building
5 would be located in the on the site in a location that would maintain
6 separation between the new building and the existing development on the
7 adjacent properties.
8
9 B. The project is appropriately designed as required by C-1 zone development
10 standards. The project received preliminary review by the Planning
11 Commission and requires formal project approval by the Planning
12 Commission. This process ensures a quality project that would not impair the
13 value to properties or development.
14
15 6. The granting of the Modification to the Landscaping Requirement to provide 50%
16 shade coverage of all paved areas within 10 years of planting is based on the
17 following:
18
19 A. The Zoning Ordinance requires a shade percentage to be achieved at 10
20 years, however the code does not indicate how the shade coverage should
21 be calculated, provide the canopy size of various tree species at 10 years, or
22 define the parking area that is subject to this requirement.
23
24 B. Based on staff research, communities that have a shade ordinance most
25 commonly use a 15 year tree canopy when calculating shade coverage. Staff
26 was unable to find another community that used a 10 year canopy for the
27 purpose of calculating shade coverage.
28
29 C. Tree canopy size can double between 10 and 15 years.
30
31 D. Staff directed the applicant to use the City of Davis standard to calculate
32 shade coverage. Using the City of Davis standard, the Project would provide
33 55% shade coverage at 15 years.
34
35 E. Planning Commission has recently approved modifications to this
36 requirement for projects that complied with the Davis standard (Guillon Phase
37 2, School District Office Building).
38
39 7. The granting of the Modification to the Landscaping Requirement to provide a
40 pedestrian pathway through parking lots with more than 12 parking spaces is
41 based on the following:
42
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
3
1 A. The Project includes an accessible path from the Orchard Avenue sidewalk,
2 across the drive-thru to the front of the building. The walkway includes
3 decorative concrete.
4
5 B. Public Works reviewed the Project and has indicated that a sidewalk should
6 not be provided on the Perkins Street frontage since the sidewalk would not
7 connect to any other sidewalk east of the Project and they do not want to
8 encourage people to walk in this area since there is no sidewalk available.
9 Public Works also requested that a fence be installed along the Perkins
10 Street frontage to prevent pedestrians from walking in this area of Perkins
11 Street.
12
13 C. Since there is no sidewalk on the Perkins Street project frontage and Public
14 Works is recommending a fence in this location, there would be no way for a
15 person to access a pedestrian pathway that connected to the Perkins Street
16 right-of-way.
17
18 8. The granting of the Modification to the Landscaping Requirement to provide a
19 landscape planter island with tree between every four parking spaces is based
20 on the following:
21
22 A. The site constraints related to the size of the site, creating a functional drive-
23 thru, and creating a gateway quality landscaping plan, limit the opportunities
24 for providing the required landscape islands between parking spaces.
25
26 B. Further reducing the number of parking spaces in order to provide the island
27 planters could result in under parking the site and create circulation issues for
28 the site and Orchard Avenue when/if customers and/or employees cannot
29 find parking on the site.
30
31 9. The granting of the Exception to the required number of onsite parking spaces is
32 based on the following:
33
34 A. In order to determine the number of parking spaces required, the number of
35 spaces for the restaurant including outdoor dining (32) is added to the
36 number of spaces required for the drive-thru (39). Since the drive-thru
37 provides queuing for more vehicles than required and the restaurant is also
38 being parked, the number of parking spaces required should be the number
39 required for the restaurant plus the queuing required to serve the drive-thru.
40 In this case, 32 parking spaces would be required for the restaurant plus the
41 queuing for 13 vehicles in the drive-thru. The Zoning Ordinance does not
42 provide for this discretion except through the approval of an Exception.
43
44 B. The applicant has indicated the drive-thru accounts for 65-70% of its
45 business. Based on an average of 1,000 transactions per day, 300 are
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
4
1 handled in the restaurant. Spreading this number of transactions over 18
2 overs (hours the dining room is open), results in 17 transactions per hour.
3
4 C. The applicant has indicated that with the removal of the Play Place, the
5 length of the stay would be reduced allowing parking stalls to turn-over more
6 rapidly.
7
8 D. The Project provides eight bike parking spaces and is in an area of high
9 employment density which allows many people to walk to the site rather than
10 drive.
11
12 This Exception requires the Project to provide 24 onsite parking spaces, queuing
13 for 13 vehicles in the drive-thru, and a minimum of eight bicycle parking spaces
14 in order to provide adequate onsite parking.
15
16 10. The proposed Project is exempt from the provisions of the California
17 Environmental Quality Act (CEQA) pursuant to Section 15302 Class 2,
18 Replacement or Reconstruction of Existing Structures and Class 15303, Class
19 based on the following:
20
21 A. The Project is consistent with the Commercial general plan designation and
22 all applicable general plan policies as well as with the Community
23 Commercial zoning designation and regulations based on the analysis in the
24 staff report.
25
26 B. The Project consists of the reconstruction of a commercial (restaurant
27 building with drive-thru)with less square footage and less seating than the
28 previous building. The use would be continued with the reconstruction of the
29 building.
30
31 C. Approval of the project would not result in any significant effects in relations
32 to traffic, noise, air quality, or water quality because the project site located
33 within a developed urban area that contains existing similar type uses. The
34 Project was referred to Caltrans for review and comment. Caltrans did not
35 have any comments on the Project and did not request a traffic study. Public
36 Works also reviewed the application and did not require a traffic study.
37
38 D. Based on review of the project by Public Works, the Electric Department,
39 Police Department and Fire Marshal, the site can be adequately served by all
40 required utilities and public services.
41
42 11. Notice of the proposed Project was provided in the following manner as required
43 by the Zoning Ordinance:
44
45 A. posted in three places on the project site on July 27, 2012;
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
5
1 B. mailed to property owners within 300 feet of the project site on July 27,
2 2012; and
3 C. published in the Ukiah Daily Journal on July 29, 2012.
4
5
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
6
ATTACHMENT 1
RESOLUTION NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
MAKING FINDINGS PURSUANT TO THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO ADOPT
A MITIGATED NEGATIVE DECLARATION FOR THE DOWNTOWN
ZONING CODE
WHEREAS:
1. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a
Mitigated Negative Declaration dated June 4, 2012 to amend Ukiah City Code Division 9
(Planning and Development), Chapter 2 (Zoning) to add Article 18 entitled Article 18
Downtown Zoning Code ("Project"); and
2. The Project will change the zoning designation of the properties located within the
boundaries of the Project from Community Commercial (C1), Neighborhood Commercial
(CN), or Heavy Commercial (C2) to Urban General (UG), Urban Center (UC), or powntown
Core (DC) and includes requirements for building and site uses, specific land uses, site
planning and development, architecture, historic buildings, parking, tree preservation and
planting, and circulation; and
3. On March 22, 2012, the Mendocino County Airport Land Use Commission (ALUC) reviewed
the Project 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 airport
compatibility zone B2 proposed for more than two stories would be subject to review and
approval by the Airport Land Use Commission. The Downtown Zoning Code have been
revised to include these revisions; and
4. The Initial Environmental Study found that the Project has the potential to have a significant
impact on air quality, biological resources, cultural resources, and traffic and that the
impacts identified could be reduced to a less than significant level with the incorporation of
mitigation measures as identified in the Initial Environmental Study; and
5. The Initial Environmental Study was prepared and demonstrated that there is no substantial
evidence that supports a fair argument that the Project, as mitigated, would have a
significant effect on the environment; and
6. The Initial Environmental Study and Mitigated Negative Declaration were sent to the State
Clearinghouse for State Agency review and comment and publicly noticed and made
available for public review and written comment from June 11 through July 11, 2012 and
from July 15, through August 6, 2012. Two comments were received prior to the end of the
State Agency review and comment period: 1) State Public Utilities Commission who did not
question the appropriateness of the Mitigated Negative Declaration or suggest language
modifications or additional environmental review; and 2) State department of Transportation
(Caltrans) who also did not question the appropriateness of the Mitigated Negative
Declaration or suggest language modifications or additional environmental review.
Responses to the comments received were provided to both State Agencies. No other
comments were received during the review and comment period for the Mitigated Negative
Declaration; and
1
7. A Mitigation Monitoring Program has been prepared to ensure compliance with the adopted
mitigation measures; and
8. On August 8, 2012, the Planning Commission voted to recommend that City Council
adopt the Mitigated Negative Declaration.
9. The Initial Environmental Study and Mitigated Negative Declaration and record of
proceedings of the decision on the Downtown Zoning Code are available for public review at
the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah,
CA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as
fol lows:
1. Based upon the analysis, findings, and conclusions contained in the Initial Environmental
Study, the Downtown Zoning Code, as mitigated, 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 Downtown Zoning Code, as mitigated, 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 Downtown Zoning Code, as mitigated, will not result in impacts that are
individually limited, but cumulative considerable; and
4. Based upon the analysis, findings, and conclusions contained in the Initial Environmental
Study, the Downtown Zoning Code, as mitigated, will not result in impacts that will cause
substantial adverse effects on human beings, either directly or indirectly.
5. The Initial Environmental Study examined areas of potential impacts that may result from the
implementation of the Downtown Zoning Code. Based on the conclusions reached in the
Initial Environmental Study, it has been determined that the proposed Downtown Zoning
Code has the potential to have significant environmental impacts on air quality, biological
resources, cultural resources, and traffic without the implementation of mitigation measures.
The analysis and conclusion reached in the Initial Environmental Study identified mitigation
measures that would reduce the potential impacts on air quality, biological resources,
cultural resources, and traffic to less than significant levels based on the following:
Air Qualitv
Potential Impact: Future construction activities could result in short-term production of
particulate matter (PM-10)
The Project will not substantially degrade air quality with the inclusion of the mitigation
measures that require: 1) project proponents to submit an application to the Mendocino
County Air Quality Management District to determine is a permit is required prior to any
future site disturbance, grading, or soil excavation; 2) contractors/applicants for future
projects involving grading and soil disturbance to prepare dust control plans; 3)
contractors/applicants for future projects to be responsible for implementing all dust control
measures in a timely manner; and 4) dust control plans to, at a minimum, include watering
prior land clearing or earth movement activities, watering of and watering schedule for
2
excavated materials, stockpiles, and graded areas, limit speeds to 15 mph on unpaved
roads, suspension of land clearing, grading, earth moving activities when winds are
expected to exceed 20 mph, covering of inactive disturbed portion of the site and stockpiles
to be covered or watered, and paved areas adjacent to the site to be routinely swept or
washed. The inclusion of these mitigation measures will reduce any potential impacts to air
quality to less than significant levels.
Bioloqical Resources
Potential Impact: Future construction activities could result in potential impacts to the
Gibson Creek riparian corridor.
The Project will not substantially degrade biological resources with the inclusion of the
mitigation measures that: 1) require future development projects to maintain a 50-foot
setback from the edge of the Gibson Creek riparian corridor, unless a shorter distance is
supported by the State Department of Fish and Game; and 2) prohibit future construction
activities from cutting, disturbing, or removing native riparian plants or trees along the
Gibson Creek riparian corridor unless supported by the State Department Fish and Game.
The inclusion of these mitigation measures will reduce any potential impacts to biological
resource to less than significant levels.
Cultural Resources
Potential Impact: Future construction activities could disturb prehistoric or historic
resources.
The Project will not substantially degrade cultural resources with the inclusion of the
mitigation measures that require: 1) all work to be halted and the contractor/project
proponent to contact the City of Ukiah Director of Planning and Community Development if
during site grubbing, grading, soil excavation or any aspect of future project development
historic or significant cultural resources are discovered, and for the City to engage the
services of a qualified professional archeologist at the expense of the project proponent to
perForm a site reconnaissance and to develop a precise mitigation program, if necessary.
The inclusion of these mitigation measures will reduce any potential impacts to cultural
resource to less than significant levels.
Traffic
Potential Impact: The US 101/East Perkins Street interchange is currently operating at an
unacceptable level of service.
The Project will not substantially degrade traffic with the inclusion of the mitigation measure
that requires: 1) future development projects to contribute their fair share payments towards
signalization and roadway improvements once a funding mechanism has been identified
and implemented for the improvements to the US 101/East Perkins Street interchange. The
inclusion of this mitigation measure will reduce any potential impacts to traffic to less than
significant levels.
6. The revisions made to the Downtown Zoning Code before the adoption of the mitigated
negative declaration and initial environmental study would avoid the effects or mitigate the
effects to a point where clearly no significant effect on the environment would occur.
7. There is no substantial evidence in light of the whole record before the City of Ukiah that the
Downtown Zoning Code, as mitigated, would have a significant effect on the environment.
3
Passed and adopted this 5th day of September, 2012 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary Anne Landis, Mayor
ATTEST:
Linda Brown, City Clerk
4
1 ATTACHMENT 2
2
3 DRAFT CONDITIONS OF APPROVAL— SITE DEVELOPMENT PERMIT
4
5 DRAFT SITE DEVELOPMENT PEMRIT CONDITIONS OF APPROVAL TO ALLOW
6 CONSTRUCTION OF NEW RESTAUANT BUILDING WITH DRIVE- THRU
7 AT 115 NORTH ORCHARD AVENUE, APN 002-200-40
8 FILE NO: 12-07-UP-PC
9
10 1. Approval is granted to allow construction of a new restaurant building with drive-thru and
11 associated site improvements as shown on the plans date stamped July 26, 2012 and as
12 described in the project description submitted to the Planning and Community
13 Development Department and date stamped July 26, 2012.
14
15 2. Plans submitted for building permit shall include the following and are subject to staff
16 review and approval:
17
18 A. Revised site plan showing location of sidewalk easement along Perkins Street
19 frontage from the corner of Orchard Avenue and Perkins Streets as shown on site
20 plan date stamped July 27, 2012.
21 B. Removal of the accent lighting that outlines the building shown on the elevation
22 plans.
23 C. Landscaping and irrigation plans and documentation that demonstrate compliance
24 with the State Model Water Efficiency Landscape Ordinance and Cal Green
25 requirements for landscaping and irrigation.
26 D. Plans that show the location of all rooftop equipment and demonstrate that the
27 equipment is screened from view from the public way(s). Compliance may require
28 submittal of sight lines, building sections, and/or similar plans/exhibits to demonstrate
29 compliance.
30
31 3. Prior to building permit final, a deed notice shall be recorded to advise that the property
32 is located in close proximity to the Ukiah Municipal Airport and is subject to occasional
33 aircraft overflight and may be subject to aircraft noise or related disturbances.
34
35 4. Prior to issuance of a building permit, written authorization from the property owner of
36 the vacant parcel located at the northwest corner of Orchard and Perkins Street (APN
37 002-200-38) allowing the placement of the temporary power poles referenced in
38 condition of approval number 9 shall be submitted to the Planning and Electric
39 Departments.
40
41 5. Prior to Building Permit Final, a "Trash Disposal Plan" shall be prepared by the applicant
42 and submitted to the Planning Director for review and approval. The Plan shall address
43 litter control, trash collection, on-site storage, and pick-up on a regular basis. The Plan
44 shall include proof of a contract with the City disposal contractor, and specify that such a
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
1
1 contract shall be maintained as a requirement for the issuance and retention of the Site
2 Development Permit.
3
4 6. With the granting of the Exception, the Project is required to provide onsite
5 parking/queuing as follows: 24 onsite vehicle parking spaces: queuing for 13 vehicles in
6 the drive-thru: and a minimum of eight bicycle parking spaces.
7
8 7. Signs require application for and approval of a Sign Permit from the Planning and
9 Community Development Department.
10
11 8. Construction hours 7:00 a.m. to 7:00 p.m. Monday through Friday. Saturday 9:00 a.m.
12 to 4:00 p.m. Construction is prohibited on Sundays and holidays recognized by the City
13 of Ukiah. Interior construction is exempt from these hours provided that construction
14 noise is not audible at the project property lines.
15
16 9. On plans submitted for building permit these conditions of approval shall be included as
17 notes on the first sheet.
18
19 From the Electric Utility Department and City Attorney
20
21 10. To insure continued service to the tenant business known as Davita Dialysis located at
22 126 North Orchard Ave, during electrical construction activities associated with this
23 project, the City electric department must construct temporary overhead primary service
24 to the tenant. Project Proponent shall be required to pay the electric department's costs
25 to install, maintain and remove the temporary service. These costs shall include the fully
26 loaded labor and equipment costs, and the cost of consumable supplies, including
27 hardware, poles, crossarms, conductors, cable and similar items, to the extent these
28 items cannot be returned to stock when the temporary service is no longer required.
29 The City shall provide an estimate of the costs which the project proponent shall deposit
3o with the City when a building permit is issued. After the temporary service is removed
31 and the project is complete, the City shall provide project proponent with an invoice of
32 the final costs. The City shall refund to the project proponent any portion of the deposit
33 that exceeds the estimate. If the actual costs exceed the estimate, the project proponent
34 shall pay the City the portion of the actual costs that exceed the estimate within thirty
35 (30) days after it receives an invoice from the City.
36
37
38 From the Public Works Department
39
40 11. A sidewalk easement extending easterly along the Perkins Street frontage from the
41 corner of Orchard and Perkins Street shall be granted to the City as shown on site plan
42 date stamped July 26, 2012. The easement shall accommodate a minimum 5 foot wide
43 sidewalk constructed at existing back of curb and be dedicated to the City.
44
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
2
1 12. During relocation of the transformer serving the subject property, applicant shall ensure
2 continuous operation of the traffic signals at the Perkins Street/Orchard Avenue
3 intersection, with oversight and coordination by the Electric Department and Public
4 Works Department. After the relocation work is completed, traffic signals shall be
5 inspected by a third party traffic signal inspector, paid for by the applicant, and any
6 damage found to be caused by the applicant's operations shall be repaired to the
7 satisfaction of the City Engineer.
8 13. The landscaping plan shows improvements ending at Perkins Street right-of-way line.
9 Landscaping and irrigation shall be extended to the back of Perkins Street curb, and
10 shall include appropriate ground cover for the vegetated swales. Note that the Perkins
11 Street right-of-way fronting the project site is owned by the City of Ukiah, and any work
12 in the City's right-of-way will require an encroachment permit from the Public Works
13 Department.
14
15 14. Prior to issuance of a building permit, the applicant shall obtain an encroachment permit
16 from Caltrans for the proposed drainage improvements and shall provide documentation
17 of the issued encroachment permit.
18
19 From the Building Official
20
21 15. Building permit is required prior to demolition and reconstruction.
22
23 From the Fire Marshal
24
25 16. Separate Fire Department permits will be required for the sprinkler, kitchen hood, and
26 the alarm system.
27
28 From the Mendocino Countv Air Qualitv Manaqement District
29
30 17. An asbestos survey and notification is required prior to demolition of the existing
31 building.
32
33 Standard Conditions
34
35 18. Business operations shall not commence until all permits required for the approved use,
36 including but not limited to business license, tenant improvement building permit, have
37 been applied for and issued/finaled.
38
39 19. No permit or entitlement shall be deemed effective unless and until all fees and
4o charges applicable to this application and these conditions of approval have been paid in
41 full.
42
43 20. The property owner shall obtain and maintain any permit or approval required by law,
44 regulation, specification or ordinance of the City of Ukiah and other Local, State, or
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
3
1 Federal agencies as applicable. All construction shall comply with all fire, building,
2 electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect
3 at the time the Building Permit is approved and issued.
4
5 21. A copy of all conditions of this Use Permit shall be provided to and be binding upon
6 any future purchaser, tenant, or other party of interest.
7
8 22. All conditions of approval that do not contain specific completion periods shall be
9 completed prior to building permit final.
10
11 23. This Site Development Permit may be revoked through the City's revocation process if
12 the approved project related to this Permit is not being conducted in compliance with
13 these stipulations and conditions of approval; or if the project is not established within
14 two years of the effective date of this approval; or if the established use for which the
15 permit was granted has ceased or has been suspended for 24 consecutive months.
16
17 24. Except as otherwise specifically noted, the Site Development Permit shall be granted
18 only for the specific purposes stated in the action approving the Site Development
19 Permit and shall not be construed as eliminating or modifying any building, use, or zone
20 requirements except to such specific purposes.
21
22 23. All required landscaping shall be properly maintained to insure the long-term health and
23 vitality of the plants, shrubs and trees. Proper maintenance means, but is not limited to
24 the following:
25
26 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate
27 according to the season, i. e., more water in summer, less in the winter.
28
29 B. Additional watering shall occur during long periods of severe heat and drying winds,
3o and reduced watering shall be used during extended periods of cool rainy weather.
31
32 C. Fertilizer shall only being used on trees during planting. Shrubs may receive periodic
33 fertilizer according to the recommendations of a landscaping professional.
34
35 D. Weed killers shall not be used on or near trees.
36
37 E. The tree ties and stakes shall be checked every six months to ensure they do not
38 constrict the trunks and damage the trees.
39
4o F. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not
41 damage the trunk of the tree and its overall growth.
42
43 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including
44 vandalism, shall be replaced with the same or similar tree species, or an alternative
45 species approved by the department of Planning and Community Development.
46
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
4
1 H. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All
2 pruning shall follow standard industry methods and techniques to ensure the health
3 and vitality of the tree.
4
5 Failure to comply with the requirements listed above could result in revocation of the Use
6 Permit/Site Development Permit.
7
8 24. The project shall comply with the following requirements to reduce air quality impacts
9 related to project construction:
10
11 A. All grading shall comply with Mendocino County Air Quality Management District
12 Rule 1-430, Fugitive Dust Emissions.
13
14 B. All activities involving site preparation, excavation, filling, grading, road construction,
15 and building construction institute a practice of routinely watering exposed soil to
16 control dust, particularly during windy days.
17
18 C. All inactive soil piles on the project site shall be completely covered at all times to
19 control fugitive dust.
20
21 D. All activities involving site preparation, excavation, filling, grading, and actual
22 construction shall include a program of washing off trucks leaving the construction
23 site to control the transport of mud and dust onto public streets.
24
25 E. Low emission mobile construction equipment, such as tractors, scrapers, and
26 bulldozers shall be used for earth moving operations.
27
28 F. All earth moving and grading activities shall be suspended if wind speeds (as
29 instantaneous gusts) exceed 25 miles per hour.
30
31 G. Adjacent roadways exposed to dust, dirt, or other soil particles by vehicles tires,
32 poorly covered truck loads, or other construction activities shall be cleaned each day
33 prior to the end of construction activities using methods approved by the Director of
34 Public Works/City Engineer.
35
36
37 25. This approval is contingent upon agreement of the applicant and property owner and
38 their agents, successors and heirs to defend, indemnify, release and hold harmless the
39 City, its agents, officers, attorneys, employees, boards and commissions from any claim,
40 action or proceeding brought against any of the foregoing individuals or entities, the
41 purpose of which is to attack, set aside, void or annul the approval of this application.
42 This indemnification shall include, but not be limited to, damages, costs, expenses,
43 attorney fees or expert witness fees that may be asserted by any person or entity,
44 including the applicant, arising out of or in connection with the City's action on this
45 application, whether or not there is concurrent passive or active negligence on the part
46 of the City. If, for any reason any portion of this indemnification agreement is held to be
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
5
1 void or unenforceable by a court of competent jurisdiction, the remainder of the
2 agreement shall remain in full force and effect.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
McDonalds Restaurant Building,Drive-Thru,Site Improvements
Site Development Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
6
ATTACHMENT 2
ORDINANCE NO.
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
1
Transportation, who similarly did not question the appropriateness of the Mitigated
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 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
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 2012, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2012 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary Anne Landis, Mayor
2
ATTEST:
Linda Brown, City Clerk
3
1 ATTACHMENT 3
2
3 DRAFT USE PERMIT FINDINGS
4
5 DRAFT FINDINGS FOR APPROVAL OF OUTDOOR DINING ASSOCIATED WITH
6 THE MCDONALD'S RESTAURANT
7 115 NORTH ORCHARD AVENUE, APN 002-200-40
8 FILE NO: 12-07-UP-PC
9
10 The following findings are supported by and based on information contained in this staff
11 report, the application materials and documentation, and the public record.
12
13 1. The proposed project, as conditioned, is consistent with the goals and policies of
14 the General Plan as described in the staff report and Table 1.
15
16 2. The proposed project, as conditioned, is consistent with the Zoning Ordinance as
17 described in Table 2 of the staff report.
18
19 3. The proposed project, as conditioned, is consistent with the Airport Compatibility
20 requirements for the B2 zone based on the following:
21
22
23 A. The project will allow outside dining as an ancillary use to McDonalds
24 reconstructed restaurant with drive- thru and associated site improvements.
25 The new restaurant will be similar in intensity to the previous McDonalds and
26 is consistent with low intensity retail uses which are allowed in the B2 zone.
27
28 B. This Deed Notice has been included as a condition of approval (see condition
29 3 ).
30
31 C. The In-Fill policy allows 90 people per acre for non-residential uses. Based
32 on a .81 acre parcel, the maximum density is 72 people (.81 acre x 90
33 people/acre). Based on the information provided the applicant, most of the
34 transactions are drive-thru and if distributed throughout the hours of operation
35 for the Project results in 39 drive-thru transactions per hour. Ten employees
36 would be on the maximum shift. Distributing the remaining transactions
37 throughout the operating hours result in 17 dining room transactions per hour.
38 This would result in an estimated 56 people on the site per hour. It is likely
39 that most people except employees are on the site far less than one hour and
40 drive-thru customers are likely on the site for less than 10 minutes.
41
42 D. The size of the parcel is .81 acre. The proposed footprint of the building is
43 3,904 square feet, leaving 89 % of open land (3,904 sf/35283 sf) which
44 exceeds the amount recommended for this zone.
45
46 4. The proposed project, as conditioned, will not be detrimental to public health,
47 safety and general welfare based on the following:
McDonalds Outdoor Dining
Use Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
1
1
2 A. The permittee is responsible for maintain all outdoor dining furnishings and
3 the outdoor dining area in good condition, including but not limited to the
4 following:
5
6 • All outdoor dining furnishings and all exterior surfaces within the
7 outdoor dining area shall be easily cleanable and kept clean and free
8 of debris; and
9 • The outdoor dining area and adjacent areas shall be kept in a clean
10 and safe condition.
11
12 B. Prior to commencement of outdoor dining, a "Trash Disposal Plan" shall be
13 prepared by the applicant and submitted to the Planning Director for review
14 and approval. The Plan shall address litter control, trash collection, on-site
15 storage, and pick-up on a regular basis. The Plan shall include proof of a
16 contract with the City disposal contractor, and specify that such a contract
17 shall be maintained as a requirement for the issuance and retention of the
18 Use Permit ( Condition of Approval # 3 ) .
19
20 C. The project has been reviewed by the Fire Marshal, Police Department,
21 Building Official, and Public Works and any review comments from these
22 departments have been included as conditions of approval.
23
24 D. The project is required to comply with all federal, state and local laws.
25
26 5. The proposed project is exempt from the provisions of CEQA pursuant to CEQA
27 Guidelines Section 15302(b) Class 2, Replacement or Reconstruction of Existing
28 Structures and Class 15303 Class 1(c), New Construction based on the
29 following:
30
31 A. The Project is consistent with the Commercial general plan designation
32 and all applicable general plan policies as well as with the Community
33 Commercial zoning designation and regulations based on the analysis in
34 the staff report.
35
36 B. The Project consists of the reconstruction of a commercial (restaurant
37 building with drive-thru)with less square footage and less seating than
38 the previous building. The use would be continued with the reconstruction
39 of the building.
40
41 C. Approval of the project would not result in any significant effects in
42 relations to traffic, noise, air quality, or water quality because the project
43 site located within a developed urban area that contains existing similar
44 type uses. The Project was referred to Caltrans for review and comment.
45 Caltrans did not have any comments on the Project and did not request a
46 traffic study. Public Works also reviewed the application and did not
47 require a traffic study.
48
McDonalds Outdoor Dining
Use Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
2
1 D. Based on review of the project by Public Works, the Electric Department,
2 Police Department and Fire Marshal, the site can be adequately served
3 by all required utilities and public services.
4
5
6
7
8 6. Notice of the proposed project was provided in the following manner as required
9 by the Zoning Ordinance:
10 A. posted in three places on the project site on July 27, 2012;
11 B. mailed to property owners within 300 feet of the project site on July
12 27, 2012
13 C. published in the Ukiah Daily Journal on July 29, 2012;
14
15
16
17
18
19
20
21
22
23
24
25
26
27
McDonalds Outdoor Dining
Use Permit Findings
115 North Orchard Avenue
File No.12-07-UP-PC
3
3�4t��� nnn�r,t # A
MINUTES
' � UKIAH CITY COUNCILIPLANNING COMMISSION
Joint Meeting
April 27, 2011
CITY COUNCILMEMBERS PRESENT COUNCILMEMBERS ABSENT
Benj Thomas Doug Crane
Mary Anne Landis Phil Baldwin
Mari Rodin, Mayor
PLANNING COMMISSION MEMBERS PRESENT MEMBERS ABSENT
Mike Whefzel Judy Pruden , Chair
Linda Helland
Jason Brenner
Linda Sanders
STAFF PRESENT OTHERS PRESENT
Charley Stump, Planning Director Listed below, Respectively
Kim Jordan, Senior Planner
Cathy Elawadly, Recording Secretary
The joint meeting of the Ukiah City Council and Planning Commission was called to order by
Mayor Rodin at 6: 00 p. m . in the Ukiah Valiey Conference Center, 200 South School Street, Ukiah ,
Califomia.
1 . ROLL CALL
• Roll was taken with the results listed above.
� Councilmembers Crane and Bafdwin were not present because both have a conflict of interest by
` ' owing property within a 300 square feet radius of the DZC boundaries and cannot by law participate
in the discussion and/or vote on the matter.
Mayor Rodin owns property within a 300 square foot radius of the DZC , but since Council needed to
have a quorum, one member of the three with the conflict needed to participate, so there was a
selection process between these three Council members and Mayor Rodin was selected to
participate.
2. PLEDGE OF ALLEGIANCE
� 3. PETITIONS AND COMMUNICATIONS - None.
4. RIGHT TO APPEAL DECISION
There are no appealable items on this agenda.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No one came forward .
6. WORKSHOP DISCUSSION
6A. Community Workshop for Discussion of the Downtown Zoning Code (bZC). �
Planning Director Stump gave a staff report and brief overview of the DZC:
. The purpose of tonight's joint meeting with City Council and the Pfanning Commission is to
conduct a public workshop to review and discuss the DZC relevant to the foundation that
I came from the Charreftes and community input, vision of the Code, Code content and major
) components, how to use the document, discuss Pfanning Commission `hot topics' identified
Minutes City CounciUPlanning Commission Joint Meeting April 27, 2011
Page 1
as part of the Planning Commission workshop process, and introduce new topics included in
#he DZC. , ' - �
• Results of the Charrette are shown on the board in the rear of the room .
• Fisher and Half initially helped the community through the vision and the intent/application of 1
the `SmartCode' concept.
• Planning Commission reviewed the DZC from beginning to end in a workshop setting where
the public commented and provided input.
• The DZC was reviewed section by section as each section builds on the next providing the
necessary foundatian for topics included in the final draft.
• The Planning Commission's thoroughness and familiarity with the foundation and purposes of
the Code together with public input raised issues and concerns during the Planning
Commission workshop process that allows the Council and public to review/discuss fhe final
draft of fhe DZC ask questions and make comments.
Senior Planner Jordan provided an introduction to the DZC with a guide on how to generally use the
Code, read the tables, commented briefly on some of the Code sections such as building and
development standards/level of review/exceptions and then specifically referred to the main
components of the Code:
• Table of contents (pages 3-4) .
• Section 1 : Purpose statement {page 5) .
• Section 3: Zoning , Downtown Zoning Code Map (page 9).
. Table 3: Allowed Uses and Permit Requirements (pages 'f 3-16)
• Section 6: Site and Building Development Standards, Table 4: Site Development Standards
(page 27) and Table 5: Building Types (page 28) . _
• Section 7: Architectural Standards, Table 11 : Frontage Type and Storefront Standards (page
38) and Table 12: Architectural Elements and Materials (page 39) .
. • Section 10: Tree Preservation and Planting Requirements, Table 21 : Required Street Trees � �
for Primary Streets, (page 56) and Table 22: Alternate Street Trees for Primary Streets (page 1
57). J
,
• Section 11 : Circulation Map (page 65) . �
• Section 11 : Special Designations Map (page 66).
List of ' Hot Topics' for discussion included:
• Boundaries
• Circulation related to Alleys
. Circulation related to Pedestrian and Bicycle
• Circulation — Street extensions
• Circulation related to Gibson Creek
• Formula Fast Food Restaurant '
• Non-conforming Uses '
• Street Trees
PUBLIC HEARING OPENED : 6 :47 p.m.
Councilmember Landis: �
• Reviewed the draft DZC from the eyes of a developer.
• Given that she has developed a subdivision in the past, expressed concerns with the use
table and noted there are 288 uses listed for the three zones of which only 112 are
administrative approval . The Code is not offering enough flexibility/certainty for the developer
and too much discretianary review.
• Size of buildings and uses should be looked at more carefully in the Code. .
I
i
}
Minutes City Council/Planning Commission Joint Meeting April 27, 2011 /
Page 2
� Planning Commissioner Brenner:
� • Is a new Planning Commissioner and was not a participant for most of the public workshops
� concerning fhe DZC.
• The Site Development Permit Procedures section provided for in Table 27 of the DZC
document is very good .
• Views the UVAP document as more `lenient' than the DZC in terms of the types of
development allowed particularly mixed-use and is concerned the City with regard to the DZC
may not be able to adequately 'compete' with the County for development because certain
uses are not allowed .
• Is of the opinion the use table should be revisited and that more uses should be allowed by
right in order to provide a developer with more incentives and/or options.
• Supports revisiting the major/minor use requirements and possibly provide for more flexibility.
• A flexible zoning code document having the potential to more appropriately attract developers
would have a positive effect on the City's economic viability, as well as provide the necessary
stimulus for growth inducement.
Planning Director Stump:
• The proposed DZC offers 'way more options' than the current zoning code.
• The DZC provides certain thresholds for standards and uses relative to the three zoning
districfs. For instance with regard to the thresholds in the use table, the Planning Commission
determined a major use permit would be required if the use exceeds 5, 000 square feet of
floor area on the ground floor. This size was determined to be appropriate for Planning
Commission review. •
• Review of the use table is important. The Planning Commission together with public input
closely reviewed and discussed each use in conjunction wifh all types of development
,
scenarios before determining whether a particular use is allowed by right, allowed as an
accessory to a principal use, alfowed with a minor or major use permit or prohibited whereby
' establishing #he appropriate threshold for a use where appficable.
� , • The DZC document was created/shaped such that the processes in place for developmen#
would refrain from CEQA review.
Senior Planner Jordan :
• The Planning Commission spent a lot of time reviewing the size of a building for the uses
whereby 5, 000 square feet is 'quite sizeable, for Ukiah especially with respect to the
boundar'ies of DZC.
• Cited an example of a use in the Table 3 with a footnote that `Studio — art, dance, martial arts,
music' is allowed by right with a minor use permit if the use exceeds 5, 000 square feet of
floor area or 100 lineal feet on the ground floor street level when a storefront frontage type is
required according to the Special Designations Map. The Planning Commission was of the
opinion the use should be allowed with the thought that going back to the purpose and intent
of the DZC is once a building gets to the 5,000 sq . ft. a use of this size could have impacts,
such as traffic and should be reviewed by the Zoning Administrator for those potential
impacts.
• Referred to the use table and the footnotes that provide certain threshofds and different levels
of review depending an the type of use, location and size.
Councilmember Landis:
• Supports considering whether or not a 5 , 000 sq . ft. threshold is necessary if a development
meets fhe requirements as to form and design .
• There are alternatives rather than just `saying no' to a project. A large building does not
necessarily mean there would be more noise and/or other type of impacfs. If a 5, 000 sq. ft.
� were to occur in the Downtown and cited the Ukiah Natural Foods building as an example
that if such a building was nicely articulated with a nice presentation and design would look
� nice in the Downtown because this is what form-based code is all about.
;
Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 3
Senior Planner Jordan :
• When the Planning Commission discussed the standards for specific uses, there was the ' l
opportunity to have a thorough understanding of what the potential impact would be related to 1
the neighbors. 1
• The concern by the Planning Commission is when a use gets to 5, 000 sq. ft. and the use is
not retail and the, project does not really create any interest or walkability in a storefront and
while the business is viable, it actually presents a `hole' and/or disconnect in the Downtown .
Planning Commissioner Melland :
• Addressed the 5, 000 sq. ft. threshold , and confirmed a lot of time was spent taking pubiic
testimony and discussing the particularities of each use and how the use would be used
taking inta consideratian potential impacts and essentially whether or not the use is
appropriate and if so, at what threshold and/or whether a particular level of review would be
required .
. The review process of the DZC was very thorough and comprehensive with careful
consideration given to every section of standards/requirements in the document.
Planning Commissioner Brenner:
• The 5 , 000 sq . ft. threshold is just a number.
• Found some of uses in the table that would be great in the Downtown area were not allowed
and/or require a use permit.
• The DZC document is well-thought out in terms of clarity and is easy to understand.
Senior Planner Jordan :
• Cited a restaurant use with outdoor dining as an example of how the Planning Commission
carefully considered each use, potential impacts thereof and whether or not the use is
appropriate for a particular zone and whether or not the use would require some level of � �
review. This use requires a Minor Use Permit (MIUP(8) and the associated footnote means ,
the use is allowed if accessory to an allowed or . permitted restaurant use. Outdoor dining is , �
essentially an accessory to a restaurant that has a lot of ADA and accessibility requirements - '
associated with ifi that would need some level of review.
Planning Commissioner�WhetzeL•
• Planning Commission's objective has been to provide for a DZC document that would
promote/encourage growth and development, walkability, and nicely articulated buildings
while providing for incentives to developers by taking considerable measures to make certain
the appropriate triggers would be in place to address potential and significant impacts
associated �with a particular use.
Pinky Kushner:
• Confirmed the Planning Commission and public spent a lot of time reviewing the use table
and supports the use table as presented .
• Notes many of the uses are not prohibited and can be allowed with a use permit.
• ls of the opinion requiring a minor use permit is not a ` blockage' and/or deterrent for a
proposed development.
HOT TOPICS:
Boundaries: (DZC Map, page 9)
Ptanning Director Stump:
. Primary reason boundaries was a hot topic was because preliminary environmental analysis
revealed that due to the size of the area, potentia{ly significant impacts could result with built- �
out in terms of traffic congestion , greenhouse gas emissions, air quality, etc.
)
Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 4
� Staff referred to the DZC Map for the three corresponding districts and discussed the specifics
concerning the boundaries and the reasons why they were formulated and further discussed the
revisions that include the addition of 262 Smith Street and removal of the raiiroad right-of-way .
Susan Knopf: Asked stafF to address the CEQA issue and whether this has to do with not putting
Gibson Creek in the DZC boundaries?
Planning Director Stump:
• No correlation . In terms of the DZC boundaries, the larger the area, the more there is the
potential for redevelopment that may have traffic and circulation issues where an EIR would .
be required, in terms of Gibson Creek, the Code is suggesting the Creek be a creek again .
The intent is to avoid the very costly and in-depth CEQA review process.
• The boundaries were reduced because with a larger district there may be some difficulty
getting through the CEQA process.
Senior Planner Jordan :
� The intent of how the boundaries were established and eventually expanded upon was to
initially concentrate on the areas that came out of the charrettes.
No pubiic comments on boundaries.
Circulation -- Alleys (Circulation Map, page 65j
Senior Planner Jordan :
• The information shown on the original map Circulation Map did not depict streets and alleys
whereby the consultants likely mapped the areas to be block perimeter requirements wifhout
` giving fhought to the existing developments that would likely remain .
� � • There was a lot of discussion regarding alleys and circulation where alleys included in the
�, original Circulation Plan were removed and addressed in the text of the document that falks �
about that as part of a development in order to meet a block perimeter requirement and/or
some other requirement, the project might have to provide an alley. This approach may be
more realistic.
• The appropriate location for alleys will be reviewed as parf of the development review
process.
No public comments on Circulation -- Alleys.
Circulation — Pedestrian and Bicycle (Circulation Map, page 65}
Senior Planner Jordan :
• The pedestrian/bike paths included in the original Circulation Plan were removed.
• Specific areas such as the railroad, Gibson Creek, Perkins Street area were identified on the
Circulation Map as ' Required Paths' because it makes sense to have this type of
circulationlconneetion in these areas should development occur.
• Paths are recommended as a possible method to comply with block perimeter or DZC
standard and would require an `Exception' to deviate from the requirement. A developer may
need to provide that path in order to comply with other requirements of the Code, This
information is included within the text of the DZC document.
No public comments on Circulation — Pedestrian and Bicycle.
� Circufation — Street Extensions
) � �
�
Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 5
Senior Planner Jordan :
• Street extensions are identified as ' Required or Recommended .' The street extension is not � ' l
required unless the parcels are consolidated and redeveloped. �
• An applicant may request an Exception to the street extension . �
• New streets in the original Circulation Plan were removed .
• Street extensions included in the Circulation Plan were based on the desired block perimeter
and consultation with City Public Works to determine the areas where improved circulation is
needed is necessary.
• It is not known whether a project will come or what it will look like so the street extensions
identified as `required or recommended' may never happen .
• Referenced the Circulation Map and noted Clay Street extended to Peach Street is included
in fhe General Plan as future road extensions so this aspect is already incorporated as a City
document and is not an option .
• The Hospital Drive Extension is a very impor�ant connection shouid development occur for
this to happen . The Hospital Drive Extension will greatly improve circulation and extend to
Leslie Street and possibly interconnect with Peach Street and the Planning Commission/staff
was supportive of this concept. 7here was Planning Commission discussion and public
comment about how the Haspital Drive Extension would affect Gibson Creek.
• The thought behind the Church Street Extension and Stephensen Street Extension is they
would not be required unless all those parcels were acquired and redeveloped. The intent is
to let the developer know this is the City's preferred location for street extensions because
they provide that connection the development will need to comply with the block perimeter
requirements. However, if an extension does not work for the project, there is still language in
the circulation section that states if this is not what a developer wants to do , a developer can
apply for a major exception for review as part of the development proposal .
Linda Malone: � �
• Owns property within the DZC boundaries and this properry would be affected by the l
Stephenson Street Extension of which she is opposed to. J
• Supports not showing the Stephenson Extension on the Circulation Map. ` ' �
• Is of the opinion there is no justification for this extension.
• Recommends the Map be revised and corrected.
John Mayfield :
• Owns property in the area of the Clay Street Extension and Stephenson Street Extension and
is of the opinion that showing the street extensions on the Circulation Map will undermine the
value of his praperty.
• Would like to have the street extensions removed from the Map.
Councilmember Thomas requested clarificafion about the intent of the street extensions.
Senior Planner Jordan : The way the Code was formulated is if the associated parcels in the areas
of the proposed street extensions as shown on the Circulafion map are assembled and redeveloped ,
the street would be required . But if for some reason the applicant or developer did not want to put in
the street, he/she could ask for a Major Exception that is not substantially any different than how it is
now under the exisfing Code because if someone wanted to develop the parcels in the area, he/she
would be responsible for providing the necessary circulation to accompany/serve the development.
Planning Commissioner Brenner:
• It is important to think about the Code standards, particularly if a recommended street
extension would decrease someone's value of land.
• No one really wants to go through the Site Development Permit process so this is a valid
concern where consideration should be given on how to better facilitate developments and �
while a street extension may be a preference, it may actually constrict a development. �
�
Minutes City Council/Planning Commission Joint Meeting April 27, 2019
Page 6
Mayor Rodin :
\ • It is not that there is a need for a street, but rather it is the public's preference and/or vision in
the charrettes to have a more walkability in the community.
Planning Commissioner Helland :
• In terms of the vision of having a more pedestrian friendly environment particulariy in places
where the parcels are smaller, such as on School Street the intent is to provide a connection
to encourage walkability to maintain that same 'feel' School Street has. Allowing for increased
connections in areas encourages walkability where the rationale is to get people out of
vehicles and walk to stores to do their shopping.
• It is likely the Downtown area and presentation will shift some to the east with the
development of the new courthouse so it becomes important this area look and feel more
vibrant that can be accomplished by having street connections to promote walkability that
unify these areas in a way that people want to be there to dine, shop, and have an enjoyable
experience.
Sheridan Malone:
• Likes to walk and walk in neighborhoods and downtown areas and along storefronts.
• Supports that new development work with what is existing rather than trying to change what
is by expanding areas to include what is existing. Why not expand the Downtown area from
School Street to Mill Street to include Main Street or even Norton Street. There are
architecturally pleasing buildings in all of these areas. It is not necessary to carve up parcels
to provide for street extensions. Supports taking a bigger view of where the community wants
the town to be and work with what is existing and make these areas more walkable. Ukiah
has historical buildings wifh unique designs having their own style and flavor.
• Owns property on Main Street and is opposed to the Stephensen Street Extension as shown
� i on the Circulation Map.
�� � Susan Knopf:
. - ,
• Asked for clarification that the document relates to new construction and the street extension
would only be required if there was new construction .
• The DZC should be viewed as a planning document. Developments that are talked about in
the Code may not happen for a very long time or may be never. The document provides a
tool to guide/shape development in the future.
Senior Planner Jordan :
• Confirmed with regard to many situations the document guides planning for future new
development taking into consideration whether or not the rules apply relative to what is
existing and/or non-conforming.
Steve Scalmanini:
• Addressed the two proposed new courthouse sites and it is his understanding both locations
exist or partially exist in the Floodplain of Gibson Creek and in the vicinity of the proposed
street extensions as shown on the Circulation Map. The street extensions are not located in
the Floodplain of Gibson Creek.
• Refocation of the courthouse presents the concern of losing momentum with the close
proximity to other things in the Downtown area in which street extensions would provide a
connection even though the street extension concept is a long shot.
Gibson Creek
� Senior Planner Jordan :
• There was considerable Planning Commission and public discussion about circulation related
�} to Gibson Creek without a clear resolution. Page 63 of the DZC, section 11 . 080 is specific to
,
Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 7
the Creek in acknowledgment that the Creek exists as an amenity to the City and the habitat
it provides. ' l
l
Councilmember Thomas asked about the definition of a Caitrans Class I path as provided for on �
page 63 of the DZC relative to the ` Required Paths' section .
Senior Planner Jordan :
• A class I path represents a 10-foot wide Caltrans standard for a pathway.
No pub(ic comment on Gibson Street circulation.
Formula Fast Food Restaurant
Senior Planner Jordan : �
• In the beginning there was a lot of discussion with Planning Commission and the public
whether or not to allow formula fast food restaurants in the Downtown .
• The Planning Commission formulated a definition of formula fast food restaurants that is
included in the Glossary section of the DZC . Originally, specific to the definition, an alternate
approach was considered by the Planning Commission and this was to prohibit formula fast
food restaurants with an exception for ice cream shops, coffeehouses, bakeries, hot dog
stands, or other businesses whose primary function is not #he sale of full meals.
• When the Planning Commission made their final decision with a recommendation to Council
concerning fast food on a 3-2 split vote, the exclusions were removed.
• Most of the discussians about fast food focused around whether or not corporate fast food
establishments were a good idea in terms of health and economically supporting the local
business owner.
Marvin Trotter: � ' ��
• Supports a ban on fast food with fhe exemption for some types of businesses.
• Given what he has seen in the emergency room over the past 30 years, is of the opinion that ' �
a ban on fast food is good.
• Supports local business.
David Fisher — represents North Valley Bank Company:
• Does not favor any restriction on type of uses in the Code.
• Questions whether uses should be allowed through a use permit.
• Prohibition of some uses is discrimination .
Lisa Mammina:
• Expressed concern with prohibiting fast food in the Downtown area.
• Noted there is a low turnout of people at this meeting given the importance of the topic.
Tammy Eangle, local franchise owner:
• Is concerned with the proposed exclusion on fast foods.
• Is of the opinion corporate fast food establishments would bring more people to the
Downtown and the increased traffic would help other businesses.
Mary McClan Calvert:
• Is of the opinion people should have good choices and supports the ban on fast food.
Mo Mulheren
• ' Likes burgers' and does not want a ban on fast food.
• There are people in the community that do eat fast food. i
• Is of the opinion formula fast food establishments would bring more people to the Downtown ?
area and create the necessary trafFic for other business. � %
Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 8
.,._` • Refers to the concept of prohibiting fast food as essentially being able `to step outside the
� circle of friends' by talking to others to find out their preference.
� • Woufd like the decision makers to listen to business owners.
Brad Cooperrider:
• Does make organic burgers at his restaurant in the Downtown. Would like to see Ukiah stay
as unique as possibie.
• Supports a major exclusion for fast food.
Dennis Slota:
• is supportive of fast food exclusion in the Downtown .
Steve Scalmanini :
• Supports keeping formula fast food establishments out of the Downtown .
• Concerned , however, there are too many use restrictions in the Code. For instance, would
Danny's Vacuum be allowed under the provisions of the Code?
• Are thrift stores allowed in the Downtown? Supports the concept of allowing for Thrift stores
in the Downtown area noting it has been his experiences such uses in other cities are a nice
#it.
Commissioner Helland :
. �
• Thrift stores are allowed m the Downtown Core district with approval of a Major Use Permit.
Steve Scalmanini:
• Referred to the DZC Map and inquired why the different districts in these areas within the
blue lines in the Code were not extended to and/or viewed as whole blocks for consistency
� \,-� \ purposes as opposed to individual parcels.
i
�� � � Senior Planner Jordan . � �
• In response to quesfion 3, the areas proposed for the DC were actually expanded upon ahd
recommended focusing less on the particular zoning disfrict and more on what is #rying to be
accomplished in the way of development for compliance with the Code standards. In order to
effectively accomplish this task, each area or parcel in this boundary would have to be
examined to determine what standards would work best given what development is existing
and if there are constraints that must be addressed to comply with the building or use
standards for a project. In short, the focus should be less on the `color' and the name of the
zoning district and more about what are the rules and what is trying to be created.
• In response to question 2 about whether Danny's Vacuum would be an allowed use. Noted
an error relative to the use `maintenance/repair—client site services and `maintenance/repair-
equipment, large appliances' in the use table does not match the name of the definitions in
the Glossary section for these uses and needs to be corrected. A simi(ar new business would
require review as to what the business does and what type of business it is to determine
whether or not the use is permitted or allowed in a particular zone. Any existing business of
this nature or similar such as Danny's Vacuum would not be impacted wi�h the new
regulations because it is an existing and non-conforming use. One of the hot topics is non-
conforming uses that talks about how to address uses that would become non-conforming as
a result of the DZC.
�_,.
Commissioner Whetzel :
• The Planning Commission recornmendation to Council was not unanimous on a 3-2 vote
regarding whether or not to allow fast food estabiishments in the Downtown. �
• While a definition of fast food establishments was formulated by the Planning Commission ,
! I he was not supportive of prohibiting fast food in the Downtown because it was his
� � understanding the vision of the Code was to create a vibrant Downtown . If certain businesses
Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 9
are excfuded that could draw other businesses to the Downtown , what is essentially the
purpose of the DZC? ' �
• The intent is to encourage development rather than discourage.
• Discouraging businesses from coming to the Downtown is like catering to a certain clientele. �
• Is of the opinion people should have a choice about what they want to eat.
Valerie King — Property owner in DZC:
• Is part owner of a building in the Downtown .
• While Ukiah has improved over the years, would like the decision makers to consider a
vehicle free zone in the Downtown area.
Kit Elliot — Property owner in the DZC:
• Would like to see infarmation options from merchants not just from the property owners about
their opinion on fast food establishments.
• Would like to see Ukiah continue to be unique and does agree new businesses are needed in
the Downtown .
Pinky Kushner:
• Would not like to see fast food in the Downtown ,
• Owns a building on Oak Street and supports thrift stores in the Downtown area because they
can be a good use.
Lisa Mammina:
• Likes food the concept of food carts.
• Is of the opinion formula stores are typically successful and should be used as a lead to
aftract other types of businesses.
Planning Commissioner Helland : �
• Provided an overview and accompanying statistics that support a ban on fast food
, ,�
establishments.
Councilmember Landis :
• Appreciates Commissioner Nelland's research .
• Has not yet formulated an opinion on formula fast food and would like to hear more on this
subject from business owners and merchants.
• It may be formu(a fast food establishments will encourage peopfe to the Downtown area.
Councilmember Thomas :
• It may have been the Ukiah Main Street Program was urging fhe exclusion of non-meal
providers from formula fast food establishments. It was his understanding the Downtown
merchants would accept cofEee houses and the like, but not for full fast food meal exclusions.
• While fast food is essentially a public health matter is City planning the proper place to
address this problem and if not where else?
• Nas some concern about the statistics concerning fast food provided by Commissioner
Helland because correlation is not always causality.
Mayor Rodin :
• No fast food restaurant sells full meals.
• Is undecided whether a balcery or Pete's coffee should be excluded from the Downtown .
. Understands that fast food establishments could increase traffic in the Downtown .
• Has no opinion at this point about whether or not formula fast food establishments should be
prohibited from the Downtown . � �
Non-conforming Uses - No discussion . �
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Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 10
.- � Trees -- Street Tree List - No discussion
� PUBLIC MEARWG CLOSED: 8:32 p.m.
There was discussion concerning the next step and about scheduling another joint meeting with City
Councii and Planning _Commission .
7. ADJOURNMENT
There being no further business, the meeting adjourned at 8: 39 p. m .
� ��
' Ca hy awadly, Recor ing Secrefary
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Minutes City Council/Planning Commission Joint Meeting April 27, 2011
Page 11
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A�e���m�n# # 3
, CITY 01= UKIAH CITY COUNCIL
� MINUTES •
� Downtown Zoning Code Workshop
Ukiah VaBey Conference Center
Chenin Blanc Room
200 School Street, Ukiah , CA 95482
. . Tuesday, May 24, 2091
6 : 00-8: 00 p.m .
1 . ROLL CALL
Ukiah City Council met at a Special Meeting on May 24 , 2011 , the notice for which being
legally noticed on May 13, 2011 . Mayor Rodin called the meeting to order at 6 : 10 pm .
Roll was taken with the foliowing Councilmembers present: Landis, Thomas, and Mayor
Rodin. Councilmembers absent: Councilmembers Crane and Baldwin . Staff present:
Planning Director and Community Development Stump, Senior Planner Jordan ,
Associate Planner Faso, and City Clerk Currie.
Councilmembers Crane and Baldwin were not present because both have a conflict of
interest by owing property within a 300 square feet radius of the DZC boundaries and
cannot by law participate in the discussion and/or vote on the mafter.
� 1 Mayor Rodin owns property within a 300 square foot radius of the DZC, but since
( � Council needed to have a quorum , one member of the three with the conflict needed to
� � participate, so there was a selection process between these three Council members and
Mayor Rodin was selected to participate .
2. PLEDGE OF ALLEGIANCE
3. PETITIONS AND COMMUNICATIONS
4. APPROVAL OF MINUTES
a. Special Joint City Council/Plannirig Commission Workshop of 4/27/11
M/S Thomas/Landis to approve minutes of April 27 , 2011 , as amended correcting the
spelling of two members of the public's names. Motion carried by all AYE voice vote ,
Absent: Councilmembers Crane and Baldwin .
5. RIGHT TO APpEAL DECISION
6. . AUDIENCE COMMENTS ON NON -AGENDA ITEMS
Charlie Sel�er supports Downtown zoning code with exclusions for fast food for the
following reasons:
1 . Improve health/oversaturation af unhealthy foods
2 . Stronger local economy .
3 . Help protect Ukiah's small
� 4 . Takes business away from local business
, )
Steve Scalmanini supports ban on formula fast food .
Page 1 of 4
May 24, 2011
Lisa Mammina welcomes formula stores in the downtown and thinks it contributes to
sprawl if they do not allow formula businesses downtown . )
Judy Pruden, Planning Commission Chairperson, explained the recommendation by �
the Planning Commission was not an across the board banning of all fast food , however
it is based on the definition of formula fast food included in the Downtown Zoning Code.
Jim Mayfield suggested not defining land use by psychology — City should not be a
social engineer. Design restriction should make sure they are code focused and foctas
on the form of form base zoning .
7. WORKSHOP DISCUSSION
a. Community Workshop for Discussian of the Proposed Downtown Zoning Code
(DZC) �
Trees
RELEAF prepared the street tree list and parking lot tree list and have been included in
the Downtown zoning .
Judy Pruden : There was much controversy amangst the tree committee members
about what trees would be on the list. However, it worked out in the end .
Non-conforminq Uses
Planning Commission recommends allowing non-conforming uses to continue on a case
by case basis with a major use permit.
Linda Malone suggested not discouraging the continuance of non-conforming uses or / ��>
their elimination . Suggested the language in this section should be revised to be more ; - �l �
positive.
Staff: The language is section 12 . 120 (B) is intentional. When new uses are adopted ,
non-conforming uses are discouraged and the intention is that over time these uses will
be replaced . The DZC non-conforming section is more generous than the current zoning
code and would allow a use made non-conforming to continue with approval of a Major
Use Permit. The Planning Commission reviewed fhis section and determined that if the
use was compatible with ifs neighbors, consistent with the purposes of the Code, and
consistent with the development standards it should be allowed to continue with
approval of a major use permit. Staff researched non-conforming use sections from
many different cities and modified one to fit the direction provided by the Planning
Commission .
Council Member Landis asked how is this shared parking handfed in the Downtown
Zoning Code? Wants to know if there is a way to reduce parking .
Staff: Section 9. 030 (A) allows for a reduction of parking when there is more than one
use an a site and the uses have different parking needs , such as office and residentia[ or
. office and retail . Sections 9 , 030(B-H) provide other ways to reduce onsite parking . Some
of these currently exist in the zoning code and some are new, such as off-site parking
and reduction for reduction of Water Pollution and Stormwater Run-Off.
In Table 14, staff recommends adding a footnote that parking is determined by Major
� Exception or by Use Permit since that is typically one of the purposes of a use permit. �
The amount of parking needed would then be determined as part of the use permit �
process. �� '
Page 2 of 4
May 24, 2011
• \ City Councii agrees with this approach.
1
� City Council had no more questions or comments.
Completed two development scenarios. .
Senior Planner Jordan led City Council through two exercises.
Scenario 1 — Fitness Center — 247 East Perkins Street
Scenario 2 — Retail Sales with pharmacy and drive-thru
Linda Malone asked why does the city want buildings right at the property line . Seems
harsh and landscaping shoufd be allowed .
Staff: When the charrette was done, the predominant community preference was a
streetscape like School Street. This is a zero lot line with wide sidewalks and street
trees. �
Council member Landis would like to see other materials included in the downtown
zoning code. Does not want metal to be excluded and likes materials such as corrugated
metal . �
Staff: Materials are on Page 39, Table 12 . Metal is not allowed as a primary exterior
material . In order to use metal , approval of a minor exception would be required. The
Design Review Board is currently working on design guidelines and they have
expressed interest in reviewing the materials allowed in the DZC . Need to add °stone" to
the list of materials . This was omitted in error.
' � Mayor Rodin spoke regarding sidewalks on School Street vs . Perkins Street. Does not
��,/ � want narrow sidewalks and expressed the following concerns:
� � 1 . Outdoor dining?
2 . What happens when the sidewalk is not as wide?
3. Should there be a requirement for sidewalk width?
4 . Need to look at where we are now.
Staff: The sidewalk width is addressed as parE of the street section inc{uded in Section
11 : Circulation . The width of the sidewalk would not change unless the site was being
redeveloped/developed and the developer was required to install frontage
improvements . This is one of the New Topics that staff will be discussing as part of the
Downtown Zoning Code .
City Council agrees they would like wide sidewalks.
Lisa Mammina had two comments:
1 . Are signs addressed in Downtown Zoning Code?
2 . Are there requirements for rooftop equipment sound abatemenfi?
Staff:
1 . Staff was originally directed not to include signs as part of the DZC. Signs are
included as part of the current design guidelines for downtown . Since the Design
Review Board is working on replacing the downtown guidelines with new guidelines
as part of the DZC, signs may be addressed as part of this pracess.
2 . Rooftop screening is required as part of the DZC .
� � Sfieve Scatmanini had two comments:
1 . Healthy trees to be replaced?
� �'�
) 2 . What happens if a tree is removed prior fio construction?
Page 3 of 4
May 24, 201 I
I
Staff: Trees have to be repiaced as required by section 10 . 030 .
Councii Member Landis asked why are the parcels on the north side of Perkins Street , �
close to Pear Tree Shopping Center zoned General Urban? General Urban makes �
sense for the parcels along the boundary, but not here. Shouldn't this be Urban Center?
Staff: Staff agrees that Urban Center makes more sense. The zoning came this way
from the consultant after the charrette and was not changed through the workshop
review process . Staff is unsure of the reasoning .
Nexfi Ste�s
Staff will schedule an additional time to meet regarding new code topics with City
CounciL
8. ADJOURNMENT
There being no further business, the meeting adjourned at 8 : 17 pm .
1n� �
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J nne M. Currie, City Clerk
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Page 4 of 4
May 24, 2011 .
���� �+m��t #�
- �l CITY OF UKIAH
,1 CITY COUNCIL MINUTES
� Downtown Zoning Code Workshop
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
' Ukiah, CA 95482
Tuesday, July 12, 2011
5 :30 p.m.
1 . ROLL CALL
Ukiah City Council met at a Special Meeting on July 12, 2091 , the notice for which being :
legafly noticed on July 8, 2011 . Mayor Rodin called the meeting to order at 5: 35 pm. Roll
was taken with the following Councilmembers present: Landis , Thomas, and Mayor
Rodin . Councilmembers absent: Councilmembers Crane and Baldwin . Staff present:
Planning Director and Community Development Stump, Senior Planner Jordan , and City
Clerk Currie.
Councilmembers Crane and Bafdwin were not present because both have a conflict of
interest by owning property within a 300 square feet radius of the DZC boundaries and
cannot by law participate in the discussion and/or vote on the matter.
Mayor Rodin owns property within a 300 square foot radius of the DZC , but since Council
� _ 1 needed to have a quorum , one member of the three with the conflicf needed to
( �� participate, so there was a selection process between these three Council members and
Mayor Rodin was selected to participate.
2. PLEDGE OF AL.LEGlANCE
3. PETITIONS AND COMMUNICATIONS
4. APPROVAL OF MINUTES Special Council Meetina of 5/24/11
M/S LandisIThomas to approve minutes of 5/24/11 , as submitted . Motion carried by all
AYE voice vote. Absent: Councilmembers Crane and Baldwin .
5. R1GHT TO APPEAL DECISION �
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Steve Scalmanini commented on how nice it is to have shade downtown because the
trees have not been_ trimmed sev�reiy. .
7. WORKSHOP DISCUSSION
a . Community Workshop for Discussion of the Proposed Downtown Zoning
Code ( DZC) .
Director of Planning and Community Development Stump and Senior Planner
� � Jordan presented the item . Recommended Action(s): Conduct a City Council
� workshop on the draft Downtown Zoning Code and provide direction to staff on how
` � - - to proceed .
Page 1 of 5 7/12/2011
0
USES
No comments on the foflowing : New/Updated Uses , Community Gardens , Home � l
Occupations , Large Family Daycare, and Standards for Specific Land Uses. ) �
Residential
Currently, residential dwelling-condominiums are found in the zoning code, The
requirements are not consistent with the DZC and staff will need to develop other
standards that are consistent with the DZC.
Residential Second Unit
Councilmember Landis expressed concern over the trash bins and how they are
handled .
Mary Anne Miller would like ta see patterns or sketches of what the downtown
would look like and how the DZC works with the existing pattern . Miller likes the
existing pattern of alleys and supports people using fheir feet.
Staff responded that design guidelines will accompany the DZC and are currently
being develaped by the Design Review Board .
Don Larson asked if residential live/work and single room occupancy units would
apply to the Palace HoteL
Staff responded that live/work and single room occupancy would be allowed at the
Palace HoteL �
,
Tastinq Rooms ` �
Councilmember Landis commented that it appears that DZC creates hurdles for ' � '
tasting rooms with hours of operation and potential for loitering .
Staff stated can bring back ideas for allowing by right tasting rooms on July 25 .
PARKING
Mayor Rodin asked about private parking lots and utilizing existing unused parking ;
and not have the requirement of creating new parking .
, Staff responded section 9. 030 Shared Parking Factor addresses shared parking .
Mayor Rodin stated she would like the section to say reduction of parking required ;
that the developer has to use the alternative unless an alternative is not available
then parking can be provided on site as part of the project.
Staff to develop alternative language and along with number of spaces and will
bring back July 25.
Pinky Kushner stated the less parking the better and certain uses do not use
parking .
Staff indicated this would be a significant change in the DZC that had not been '
, previously discussed with praperty or business owners and suggested engaging the �
business community in the discussion befor� moving forward with the change. , ,
Page 2 of 5 7/12/2011
� Don Larson supports trees in parking lots.
� Tammy, Quiznos, expressed concern over the existing lack of parking and parking
is an issue downtown ; people need places to park. New development should
provide parking .
Pinky Kushner asked if drive-thru services are allowed and if so for what type of
business.
Staff replied that drive-thru businesses were categorized , the zone and type of
business wouid determine if and where it is allowed . For example, a bank or
pharmacy drive-thru is allowed . A restaurant drive-thru is prohibited . A Major Site
Development Permit is required for a drive-thru . Still need to determine if the Ievel
of site development permit for a drive-thru should be Major or Minor.
Regarding Table 14, parking , Mayor Rodin asked for a generaf reduction in the
number of spaces required for some retail , office, resfaurant. Consider using 1
space per 500 square feet. Councilmember Landis concurs.
Staff to review and bring back suggestions and what other agencies have done.
Mary Anne Miller suggested performing a parking space inventory and then
deciding where to put additional parking and where to have no parking. She
` i supports the day lighting of Gibson Creek.
� Staff responded the City has a parking study including an inventory. Parking is
. _ ,
spread out and there is more parking than currently needed.
City Attorney Rapport left 6:21 pm
TREES
Councilmember Thomas asked if property values increase if it has a landmark tree.
Staff stated Planning Commission discussed this and yes , property values do
increase .
Susan Knopf replied the tree advisory group was involved with the tree lists and tree
protection requirements during construction ,
Property owners of landmark trees have not been notified .
Staff will include landmark trees as one of the items to be discussed at the July 25tn
meeting in the public notice sent to property owners.
Councilmember Thomas asked if global warming was a consideration . given when
sefecting which trees are appropriate.
Susan Knopf replied global warming did come up in tree advisory group.
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� SITE DEVELOPMENT PERMlTS
Page 3 of 5 7/12/2011
Councilmember Landis expressed concern over sign design and hopes to avoid
garish , corporate signs downtown . Landis hopes to have signs that represent Ukiah " � '�
and its uniqueness. Landis would like ta see what DRB proposes.
� 7
Staff responded that the Design Review Board (DRB) is working on updating sign
guidelines and the guidelines are to meet fhe intent of the DZC . The DZC design
guidelines will replace the current Downtown guidelines for parcels located in the
boundaries of the DZC .
It would be helpful to get City Council's comments regarding signs . Nicholson
commented that many sign violations exist in the City. �
Alan Nicholson , DRB member, spoEce regarding the DRB's efforts on the sign permit
process and sign guidelines. It is difficult to legislate esthetics. Nicholson asked City
Council and staff if the board can work on changing the sign ordinance. Nicholson
suggests signs should be scaled to the building size instead of property frontage .
Staff responded that the lack of staffing prohibits educating the public and staff does
what they can with the available resources. Staff does not recommend changing the
sign ordinance until after the DZC is campleted . The concern is including a sign
ordinance amendment as part of the DZC would result in postponing the DZC based
on past experience with attempting to amend the sign ordinance.
Councilmember Landis supports limitation of formula fast food but not elimination .
She asked if the limitations are part of the DZC and thinks signage is important to . }
include as part of the limitation . \
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Staff will add formula fast food restaurant prohibition to the notice for the July 25 ' '
meeting .
BOUNDARY LINE ADJUSTMENTS AND SUBDIVISIONS
City Council agrees with the Boundary Line Adjustment/Parcel Merger changes,
Small Lot Subdivisions , and Subdivision Ordinance topics.
BUILDING OVER 50 YEARS OLDlHISTORtCAL BUILDING STANDARDS
City Council had no comments.
OTHER
Minimum Densitv
Councilmember Landis commented on a YouTube video quiz on density. Landis is
not sure the maximum is high enough and suggests a density bonus. Feels there is
more room for conversation .
,
Staff responded that there is a concern that a higher density would result in traffic
impacts as part of the CEQA process. Also, airport has limitations related to density.
Staff also responded there may be several ways to address the density concern .
Single room occupancy uses can be exempt from density. � Affordable housing is
already eligible for a density bonus which would allow the project to exceed the 1
maximum density noted in the table. [deally projects will be mixed use with �
commercial uses on the ground floor and residential units above. (f this is the case, .. )
Page 4 of 5 7/12/2011
�
� - , the noted density is likely adequate. The airport height and density limits make it
� infeasible to reach the higher density numbers suggested .
. 1 , Sidewalk Widths
Director Stump used Perkins street as an example and asked if Council's
preference for on street parking or bike lanes?
Councilmember Landis and Mayor Rodin avoid biking on Perkins because it is a
busy street with many right hand turns by vehicles which are unsafe for bicycles .
Mayor Rodin suggested bike and pedestrian path in the middle of Perkins as part of
the median .
Senior Planner Jordan addressed options for securing of right-of-way for sidewalks
and frontage.
Mandating right-of-way dedication or easement for sidewafk discussion wilf continue
on July 25. Requirement exists now for minor subdivisions and certain building
permits but might want an increase fr.om the current 5 feet.
Gene Hflggren stated that density did not work in Chicago, suggested changing the
post office to a UPS or other enterprise.
Buildinq Heiaht
Constructing a one story in a two story volume to be retrofitted later will be
discussed July 25 .
` i
� ��� Gene Hoggren does not support two story houses. �
, ;
� . ,.
Alan Nicholson commented that on page 38, architectural standards section 7 . Floor
Height - Minimum could be a conflict with two story volume.
John McCowen thinks fhe two story valume defeats the DZC purpose. McCowen
asked why limit the 20% reduction in parking only to permeable paving because
other drainage methods exist.
Councilmember Landis reminded staff to look at the General Urban zoning or #he
parcels focated to the west of the Pear Tree shopping center. It seems that this
should be Urban Center.
8. ADJOURNMENT
July 25, 2011 , will be the next DZC workshop.
There being no further business , the meeting adjourned at 7:45 pm .
o �
oAnne M . Currie, City Clerk
. �
; �
Page 5 of 5 7/12/2011
��������t � 31�
,- � CITY OF UKIAH
CITY COUNCIL MINUTES
� Special Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue �
Ukiah , CA 95482
7/25/2011
1 . ROLL CALL
Ukiah City Council met at a Special Meeting on July 25, 2011 , the notice for which being
legally noticed on July 21 , 2011 . Mayor Rodin called the meeting to order at 5 : 35 pm . Roll
was taken with the following Councilmembers present: Landis , Thomas, and Mayor
Rodin . Councilmembers absent: Councilmembers Crane and Baldwin . Staff present:
Planning Director and Community Development Stump, Senior Planner Jordan , and City
Clerk Currie.
Councilmembers Crane and Baldwin were not present because both have a conflict of
interest by owning property within a 300 square feet radius of the DZC boundaries and
cannot by law participate in the discussion and/or vote on the matter.
Mayor Rodin owns property within a 300 square foot radius of the DZC , but since Council
needed to have a quorum , one member of the three with the conflict needed to
, � participate , so there was a selection process between these three Council members and
� , � Mayor Rodin was selected to parkicipate .
2. PLEDGE OF ALLEGIANCE
3. PETITIONS AND COMMUNICATIONS
4. APPROVAL OF MINUTES
a . Minutes of 7/12/11
M/S Landis/Thomas to approve minutes of 7/12/11 , as submitted . Motion carried by all
AYE voice vote . Absent: Councilmembers Crane and Baldwin .
5. RIGHT TO APPEAL DECISION
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
7. WORKSHOP DISCUSSION
a . Community Workshop For Discussion of the Proposed Downtown Zoning Code
(DZC)
Director of Planning and Community Development Stump and Senior Planner
� Jordan presented the item . Recommended Action (s) : Conduct a City Council
� " workshop on the draft Downtown Zoning Code and take public comment.
Page 1 of 5 7/25/2011
Code Boundaries )
By consensus , City Council directed staff to include 262 Smith Street APN 002- 191 - �
23 in the boundaries of the DZC.
By Consensus, City Council removed APN 002-193-44 from the Boundaries of the
DZC.
By Consensus, City Council did not remove the Pear Tree Center and APN 002-
200-38 from the DZC boundaries.
Zoninq Desiqnation
By Consensus , City Council expanded the Downtown Core zoning district from the
two full blocks and 4 partial blocks to include the six (6) full blocks.
By Consensus , City Council did not change the zoning as shown in the DZC for the
Pear Tree Center and APN 002-200-38 .
Use Tables
Schoo/s
By Consensus , City Council did not change the zoning as shown in the DZC for
Schools - elementary, middle; School- college, high school ; and Schools -
specialized education and training .
Hotels/motels/beds & breakfasts ,
By Consensus, City Council decided Hotels/motels/beds & breakfasts are allowed �
by right; no use permit. Strike five rooms or fewer. �
Alcoholic beverage sa/es
By Consensus, City Council approves prohibiting in all zoning districts in DZC
Alcoholic beverage sales .
Outside Dining/Sidewalk Cafe
By Consensus, City Council permits Outside Dining/Sidewalk Cafe with an
encroachment permit and regulations should be integrated into the permit. This item
will come back to City Council with standards for the specific use based on what
other communities have done and what would work for Ukiah .
Mary Ann Miller expressed concern over noise, light, litter, amplified music, and
hours of operation .
Restaurant - formula fast food
Councilmember Landis read an email exchange from Michael Shuman , a speaker
at a Business Alliance for Local Living Economies (BALLE) conference. Excerpts
are provided below. �
To Michael,
Did I capture your thoughts from our conversation correctly in my notes below, so if I
mention our conversation it represents your viewpoint accurately? �
�
Page 2 of 5 7/25/2011
_� 1 . I spoke with Michael Schuman at BALLE who said he was wary of excluding all
,formula businesses in a downtown, in part due to the current economic climate, the
! need for competition and that other methods existed that could control a cookie cutte�
downtown. He proposed considering requiring an economic impact study for these
stores, but reflected quickly that that would be cost prohibitive in terms of supporting
new economic activity. Then said that other methods that were more quantifiable would
probably work better — among those, caps on % of formula businesses or nurnber of
such businesses in a given block or area of the downtown.
To Landis
"...your effort to find a decent path forward for your community that is simuitaneousiy
pro-business and pro-local business. A coupie of small amendments to your report of
my thoughts:
It's not just the need for competition, it's that we want local businesses to rise to the
competitive pressures and be better than the chains. Chains ( like Starbucks)
sometimes improve the lure of a destination, which inures to the benefit of local
businesses. I also worry that tough zoning restrictions can trigger lawsuits.
1 think that you could add an economic-impact component to your zoning process,
without necessarily requiring it. That is, you could allow both supporters and
opponents of a given business to come forward with their evidence and require that
decision-makers take it into account. That may give the locavores something they
value, without imposing undo costs on new businesses.
;. � Councilmember Landis expressed concern over signage. Landis suggested
allowing formula businesses in different zones .
City Attorney Rapport commented that since the City is looking at a ban in certain
areas it would be easier to defend than if the regulation was City wide. Rapport said
one option is to require a use permit and adopt criteria. Need to add statements of
purpose which currently do not exist because one does not want to leave open the
posSibility that the motive is to favor local business over out of state businesses that
would trigger a higher scrutiny by a court. For example, the City would not want to
leave a "support local business" statement by itself, but make it part of a broader
statement regarding mix of uses .
Gene Hoggren expressed concern that the DZC is going to control food choices
people have . Some fast food restaurants provide affordable food options which are
important to seniors on fixed incomes ; cited Wendy's baked potato as an example .
People should have the freedom of choice .
Mary Anne Miller does not support everything looking good but not feeling good .
She is concerned with having too many of one thing which prohibits mixed use.
Suggests placing limitations on the number of certain types of businesses and cited
San Francisco as an example of this type of restriction .
, Marvin Trotter does not support fast food or liquor stores because of community
health issues anywhere in Ukiah .
�
Page 3 of 5 7/25/2011
Miles Gordon expressed concern over health issues and fast food in the downtown .
He suggests looking at the long-term health and economic criteria. l
�
Mark Oswald does not think fast food will come to the downtown since they would ,
want to be near freeway. Does not think formula businesses should be excluded
downtown . The sewer plant needs hookups to pay bond debt so exclusion is
counterproductive . Mom and pop businesses do not always pay above minimum
wage or provide benefits.
Ted Mayfield does not support a ban on formula businesses or alcoholic beverage
sales. He does not support restriction by numbers of certain types of businesses ,
but does support aesthetics and a level playing field . The economy and investment
regulates itself.
Phyllis Web supports a ban of formula fast food in the downtown and supports the
restrictions .
Planning Commissioner Helland supports a ban and does not think this will
eliminate formula fast food . The health issues are a concern for those with fast food
close by based on studies .
David Fisher, owner of bank building on Perkins and State Streets , hopes for a
compromise and supports the page 2 exception that allows coffee houses , ice
cream shops, etc. Could also allow - use permit. Does not support a ban . �
,
Alan Nicholson provided a written proposed compromise by defining the downtown ,)
"local area zone" that does not allow formula businesses . See attachment 1 .
;�
Councilmember Landis would like staff to return with several methodologies to
define a middle ground considering what other communities have done.
Councilmember Thomas has heard from the business community through the
Chamber of Commerce and Main Street Program fias recommended the exception
to fast food for ice cream shops and coffee houses in regards to formula businesses
downtown .
Councilmember Thomas is concerned for the health crisis in the community; the
health of children and the easy access of fast food are of distress . When it comes to
compromises , what he will be looking for are things that do the most to address the
question of health , promote the local economy, and provide a vibrant, attractive
downtown .
Mayor Rodin interested in a compromise and to not lose Ukiah's character and
supports leaving a zone closer to the freeway for formula businesses. Wants to
know what a permit process looks like rather than an exclusionary area. Rodin
supports narrowing the formula fast food down to three choices.
Ted Mayfield thinks small businesses can compete with large corporations and the
market does work.
�
Page 4 of 5 7/25/2011
�� Unnamed Speaker asked what is the definition of Restaurant - Formula Fast Food
.I because the current definition appears vague . Does it prevent franchises which can
, be mom and pop businesses?
City Attorney Rapport stated the definition would prohibit a locally owned franchise.
Councilmember Landis stated downtown already has food options; people have
options.
Staff to look at all the information provided and work with City Attorney Rapport to
come back with 3-5 compromise approaches considering public, council , and other
community concepts for the formula fast food issue. The rest of the items will be
heard at the next meeting , which will be scheduled.
8. ADJOURNMENT
There being no further business , the meeting adjourned at 7 : 25 pm .
� l' �
Jo n e M . Currie, City Clerk
,
_�
� �
, �
Page 5 of 5 7/25/2011
Creatsng i�ow�town _
My proposal is that we need to adopt planning policies that support local economies. �
When studying the Economic Value of independent businesses, researchers look at employment
and dollars spent, product choice and merchandize diversity for a particular locale, community
involvement, and maintaining local character. It can be confusing to say the least, but all studies
show that formula chain stores, what ever they sell , drain the city of dollars as well as driving local
business out.
Many towns and cities have been successful in keeping and revitalizing their downtowns.
Some elemer�s af sucoess include:
• concentration of stores and activities: a downtown should have clear and limited boundaries;
• solidifying two or three roles (govemment, finance, culture and arts, specialty refail, legal
and business senrices) in which it excels and that atfract workers and visitors;
• access to circulation roads and parking;
• visual attractiveness, with historic renovation, consistency of signs, sidewalks and benches for
pedestrians;
• unified marketing and image; and residences nearby or built into downtown.
Business priorities are changing: Many massive, gfobe-spanning corporations are now trying to
figure out how they can be "local" too. Starbucks, a company that has spent untold millions
developing one of the most recognizable brands on the planet, is now beginning to un-brand
some of its outlets. The first of these just reopened as "15th Avenue Coffee and Tea" in S�eatfle
and, unless you read the fine-print on the menu, you would quite easily assume it was an
� independent coffee house. These companies spend enormous sums on market research and
they would not be doing. this unless they had detected a sizeable shift in public attitudes. �
i
� It's frankly astonishing that the merchant groups are willing to see their neighbor coffee shops go
ouf of business in favor of corporate owners.
To quote Dave Smith of Mulligan Books;
"Peet's at Peet's or Peet's at Schat's? The Peet's Corporation has asked the Ukiah City
Council not to ban it from downtown . The choice could not be clearer. People have access
to Peet's fresh-brewed coffees at Schat's Bakery downtown, owned by Zachery Schat and .
his family. Now the Peet's Corporation, traded on the NASDAQ stock exchange, wants the
right to move into the Ukiah downtown."
To quote Marvin Trotter;
"Certainly, we already have more than enough fast food restaurants per capita. It's difficult
even to walk a mile without running into one. At the least, by barring fast food chain growth
downtown we can promote healthier lifestyle choices, support locally-owned businesses and
nourish our sense of pride in what makes Ukiah unique."
While local public officials, time and again, fall for the temptations and political appeal of national
chains, they often fail to consider the greater and real losses to the community that occur when
the local business base is undermined.
Locally owned businesses reinvest in the local economy at a 60% higher rate than formula chain
retailers. City leaders and policy makers can encourage local businesses through zoning and
permit procedures, business subsidies, and city purchases.
If you look at all the desirable cities of the state, country or world , it is the Cities tfiat are keeping
the Formula Chains out that are the most prosperous and desirable cities to live in and visit. Go to �
Marysville to see what chains do. Go to Healdsburg, Sausalito, Carmel, La Jolla to see what a
� City with principles and a vision with backbone do for fhe local economy. Why are these
communities appealing and different? Because the policy makers realized they had a jewel and
acted to protect it.
There are many economic studies which amply illustrate these words with facts; I can find no
studies that substantiate the economic or character value of formula chains. Let us not forget the
lessons learned at our "Citizen U" economic workshop several years ago.
There are other aspects to 'Shop Local' besides tax dollars and jobs: consider what drew you in
the first place to the neighborhood or city you reside in; what is the type of community you want to
live in? Do we want to preserve our community's one-of-a-kind businesses and distinctive
character? Are we interested living in a city or town that has chains that. are run by ever-rotating
managers �ather tharr long-time owners who know many customers by name?
We will have a stronger local economy for not allowing formula chains into the downtown core.
That not having a Chevy's or Haagen-Dazs is better than having one, downtown; let them battle it
out in Redwood Business Park, or up with our popularTaco Bell neighborhood. There can be no
exceptions in the downtown core. .
I humbly submit a simple border to define our downtown " Local Area Zone". Please see the
attached map.
Alan Nicholson
� � � (
� July 25, 2011 '
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�;
� ' CITY OF UKIAH
� CITY COUNCIL MINUTES
, ,_.
� ' "' Regular Meeting
' �' CIVIC CENTER COUNCIL CHAMBERS
� �; 300 Seminary Avenue
� �;; , Ukiah , CA 95482
� �' 8/22/2011
. �
. . 1 . ROLL CALL
Ukiah City Councif inet at a Speciai Meeting on August 22 , 2011 , #he notice for which
being legally noticed on August 18, 2011 . Mayor Rodin calied the meeting to order at
6: 04 pm : Roll was taken with the following Councilmembers present: Landis, Thomas,
and Mayor Rodin. Councilmembers absent: Councilmembers Crane and Baldwin . Staff
present: Planning and Community Development Director Stump, Senior Planner Jordan ,
City Manager Chambers, and City Clerk Currie.
Councilmembers Crane and Baldwin were not present because both have a confiict of
in eres y owrnng prope y wi in a square ee ra ius o e oun aries an
cannot by law participate in the discussion and/or vote on the mafter.
Mayor Rodin owns property within a 300 square foot radius of the DZC, but since Council
� ,.1 � _ needed to have a quorum , one member of the three with #he canflict needed to
' participate, so there was a selection process between these three Council members and
• � � Mayor Rodin was selected to participate.
2. PLEDGE OF ALLEGIANCE
3. PETITIONS AND COMMUNICATIONS
4. APPROVAL OF MINUTES
a. Minutes of 7/25/11
M/S LandisIThomas to approve minutes of 7/25/11 , as submitted . Motion carried by all
AYE �voice vote.
5. RIGHT TO APPEAL DECISION
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Peter Good read a letter he se'nt to Councilmember Thomas expressing concern over the
no-bid contract with Honeywell.
7. WORKSHOP DISCUSSION
a. Community Workshop For Discussion of the Proposed Downtown Zoning Code
�! (DZC) :
f
_ ' } Director of Planning and Community Development Stump and Senior Planner
Jordan presented the item .
Page 1 of 9 8/22/2091
�4 .
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!.
S .
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Tastinc,�Rooms (Specialtv food and beveraqe sales with tastings) Attachment 3 of ±, • )
Staff Report � �
� ,
,,�
Section 5. 100: Tasting Rooms on page 25 of fihe Downtown Zoning Code be �r '
revised as follows . .
A. Day and hours of operation . Days and hours of operation shall be limited to ,
daily from 10 a. m . to �: 10 p. m.
Landis and Rodin support later hours than 8 pm
����.i����� . Pln rv� innr � �e�o r+crmi4 fnr cr�eni.� l e� �enfo , .
C . Live entertainment. Live entertainment is limited to an acoustical trio which may
perform until 8 p. m . Other arrangement for live entertainment may be authorized
with approval of a Minor Use Permit (Zoning Administrator) .
D. Outdoor seating . Outdoor seating shall comply with the applicable requirements
for a sidewalk cafe.
Did not discuss.
E . Minor Use Permit. An application for a Minor Use Permit application to allow
additional operating hours, special events, and/or live entertainment shall - �
address the following considerations �
;
1 . Potential for loitering .
2 . Adequacy of lighting for security and safety purposes.
3 . Compatibility and suitability with the existing and allowed uses in the area
and/or character of the area , including but not limited to proximity to
sensitive land uses such as residences , schools, day care facilities,
churches and parks.
4. Likelihood that the use would :facilitate the vitality, economic viability, andlor
provide recreational or entertainment opportunities in an existing commerciaf
area without presenting a significant impact on health and safety.
5. 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.
6 . The potential for the need for annuaf review of the Use Permit.
7. Other information as deemed necessary on a case-by-case basis .
�
i
!
�
Page 2 of 9 8/22/2011
- Findings . The above considerations shall be incorporated as findings for approval ,
conditional approval or disapproval of the Use Permit in addition to the findings
required by UCC section 9262 (E) .
Tastina Rooms
By consensus, City Council approves allowing Tasting Rooms by right in all zoning
districts subject to the special requirements as revised above and changing the
name to Specialty food and beverage sales with tastings.
Gene Hoggren- asked if MTA will provide transportation to and from tasting room5
and is concerned wifh drinking and driving .
Business Services
By consensus, City Council approved term name change to Business Support
Services and definition .
Maintenance/Repair - client site services
By consensus, City Council approved keeping permit requirements as
recommended by staff. No change to permit requirements identified in Use Tabfe.
. . . .
Maintenance/Repair-eauipment, larae appliances
By consensus, City Council approved prohibiting large appliance repair and allowing
small appliance repair. Staff to create two categories of Maintenance/Repair -one
� for small appliances and one for large appliances . Small appliances will be allowed
� l by right in all zoning districts with a Major Use Permit required when the use is more :
�) than 5, 000 gross square feet or 100 lienear feet A(5).
By consensus, City Council supports sfore fronts of 75 feet instead of 100 feet in the
foot notes.
Parkina lots - public or commercial
By consensus, City Council agrees with the Planning Commission recommendation .
No change to permit requirements identified in the Use Table.
Drive-thrus/Drive-uas r
Hold this item for the formula fast food discussion .
Prohibited Uses
By consensus, City Council agrees with staff s recommendations. No change to �
prohibited uses as identified in the Use Tables.
Recessed 6: 55 pm Reconvened 6:57 pm _
Sidewalk Cafe Standards - Attachment 2 of staff report
Sidewalk Cafes. A Sidewalk cafe shall comply with the requirements of this Section
where allowed by Table 3: Allowed Uses and Permit Requirements.
� Councilmember Landis provided comments from Zach Schat and Craig Strattman
� l, as City Council proceeded through Attachment 2; Sidewalk Cafe Standards; the
� comments are attached.
Page 3 of 9 8/22/2011
A. Purpose . The provisions of this Section are intended to allow a sidewalk cafe to �
operate in association with an allowed restaurant use, where the sidewalk cafe I
is clearly incidental to the restaurant use and will not negatively impact the �
r°°+°,�r���Ns right-of-way.
Staff to check language regarding negatively impact.
B. Permit Requirements. A sidewalk cafe shall require the approval of an
encroachment permit from the Department of Public Works and Planning and
Community Development Department.
Okay.
C. Limitations and Requirements. A sidewalk cafe may be allowed only where
allowed by Table 3 and only when the sidewalk cafe is incidental to and a part of
the operation of such adjacent restaurant and when in compliance with the
following requirements of this Secfion .
1 . Where permissible. A sidewalk caf� may be located on a public sidewalk
ir-r� �ne�iatefy-a�jaeer�ts-ar�d�ber�it�g�e-i�doo��estaar��t-wbieFra�er��e
the cafe provided that the area in which the sidewalk cafe extends is no
farther along the sidewalk frontage e€ than the operating indoor restaurant.
2 . Number of sidewalk cafes. � M ;n�,^^r reo�.�� �r�r+� „, ,,, nv�ern�e ,, ,,�„ ,.„e �
' ' Each cafe shall be confined to a si�►g�le defined location �
on the sidewalk. ,,
3. Hours of operation . Sidewalk cafes may operate on days whenever fair
weather would enhance outdoor dining . The hours of operation shall be
between 8 : 00 a. m . and 9: 00 p. m . Tables, chairs and all other furniture used
in the operation of an outdoor caf� shall be removed from the sidewalk and
stored indoors at night and whenever the cafe is not in operation.
Additional hours may be approved with Zoning Administrator approval of a
Minor Use Permit.
Okay.
4. Sidewalk clearances. A sidewalk caf� may be allowed only where the
sidewalk is wide enough to adequately accommoda#e both the usual
pedestrian traffic in the area and the operation of the proposed cafe.. A
sidewalk cafe may not occupy more than 50 percent of the sidewalk's width
at any point ar� or as needed to meet ADA requirements '�
Senior Planner Jordan suppfied the wording .
5. Live entertainment, special events. A sidewalk caf� shalf not be used for l
live entertainment or special events. Specia! events or iive entertainment }
may be approved with Zoning Administrator approval of a Minor Use Permit. '
Page 4 of 9 � 8/22/2011
�_ ,\
Okay.
� 6. Tables and chairs, location requirements or furniture, signage:
a. All table and chairs s�al� comprising a sidewalk cafe shall be situated in
a safe fashion �°� h�_L n_� �e�� +c,' ., � fee+ .�r,,,,, .,n„ .., ,r�,� and from any
sidewalk or streefi barrier, including a bollard, and shall not be situated
within eight feet of any designated bus stop.
Change the wording unless the city attorney says to leave it as is .
Steve Scalmanini - expressed concern over liability issues if 6a does not
specify location .
b . The dining area shall not impede er--�i� the use of public furnishings
such as lighting , benches, parking meters , etc.
c. A minimum of 48 inches of unobstructed space shall be maintained for
ingress/egress between alt doorways and the pedestrian traffic corridor
or as requFre y e ui ing o e.
d . A minimum of 60 inches of unobstructed space shall be maintained
between emergency exits and any furniture or fixtures related to outdoor
� 1 dining , or as required by the Uniform Buifding Code, whichever is
� � greater. �
. -�
Okay.
e. All outdoor dining furniture, including tables, chairs, umbrellas, and
planters shall be movable.
Okay.
f. Umbrellas shall be secured with a minimum base of not less than 60
pounds and shal! leave a vertical clearance of seven feet from the
sidewalk surtace.
Okay.
g . Outdoor heaters are allowed subject to the Fire and Building Codes.
Music or speakers require approval ofi a minor use permit.
h . No signage shall be allowed at the outdoor cafe except of the name of
the establishment on an awning or umbrella fringe and as required by
this Chapter and Sign Ordinance.
- � Okay.
� }
Page 5 of 8 8/22/2011
i . All furnishings and other items associated with the sidewalk cafe shall be , , \
removed from the sidewalk during non-operating hours of the cafe. � �
Approval of a minor use permit is required to store these items outside . �
7 . Maintenance. All outdoor dining furnishings shall be maintained in good
condition , and all exterior surfaces within the outdoor dining area shall be kept
clean and free of debris at all times.
Okay.
8 . Food and Beverages. A sidewalk cafe may serve only food and nonalcoholic
beverages prepared or stocked for sale at the adjoining indoor restaurant;
provided , however that the service of beer or wine or both solely for on-premise
consumption by customers within the area of the sidewalk cafe may be
authorized by the Zoning Administrator/Police Department as part of the
required encroachment permit if each of the following requirements are met:
a . The sidewalk cafe operation is duly licensed , or prior to the service of
any beer or wine at the caf� will be duly iicensed by state authorities to
sell beer or wine or both for consumption within #he area of the sidewalk
a " .
Okay.
��p aiiJe���.+ IL n.�Fe' ic. c+i4� �.�4er7 irv�w+crJi��ehi �rli �ncn4 #n .�r�rl �h�^ffinir 4ha �
G V�MV �� V{��\ VM� V �V V�YNNYVM •� � �� � �VM�N�V�' �w�w,v�vv� �� •� �s� � w �� • �V
• �
` �
c. The area in which the sidewalk caf� is authorized is id�ntified in a
manner, as part of the ericroachment permit, which will clearly separate
and delineate it from the areas af the sidewalk that will remain open to
pedes#rian tra�c. �
Okay.
d . One or more signs, as approved as part of the encroachment permit, are
posted during all times the sidewalk cafe is in operation , which shall give
notice to the cafe's customers that the drinking of beer or wine e€ or the
carrying of any open container which contains beer or wine is prohibited
and unlawful outside the delineated area of the sidewalk cafe.
Councilmembers are not in support of sign unless required by law such
as Police Department, Alcoholic Beverage Control .
9. Service Requirements.
a . The outdoor preparation of food and busing and serrrice stations are
prohibited at the sidewalk cafes.
Service station may be allowed with approval of a Minor Use Permit. � �
�
. �
Page 6 of 9 8/22/2011
. - \ b T"° „r°�°++;�ry ^f +^"�°� ,�.;+" Disposabie utensils, glasses, napkins, and
� plates;-ss�sAr�er�s and the like +s are prohibited.
�
� ►,e �,e�+ ,.�e� � .,+ .,�� +,„,o �., +,,e „e�,,,,;��ee. Combine this section with
similar section under Maintenance.
d . Restrooms for the caf� shall be provided in the adjoining indoor
restaurant and the caf� seating shall be counted in determining the
restroom requirements of the indoor restaurant.
Okay.
e . Trash and refuse s�s�a�e receptacles for the sidewalk ca#� shall not be
permitted within the outdoor dining area or on adjacent sidewalk areas
and the permittee shall remove all trash and litter as they accumulate.
Trash and/or refuse receptacles may be allowed with approval of a Minor
Use Permit.
f. The permittee is responsible for maintaining the outdoor dining area ,
including the sidewalk surface, curb, gutter, and furniture and adjacent
areas in a clean and safe condition .
� � D . Power to prohibit operation of the sidewalk caf�. The City shall have the right
� � and power, acting through the City Manage or designee, to prohibit the
� ' operation of a sidewalk caf� at any time because of anticipated or actual
problems or confficts in the use of the sidewalk area. Such problems may arise
from , but are not limited to, scheduled festivals and similar events, or parades or
marches, or repairs to the street or sidewalk, or from demonstrations or
emergencies occurring in the area. To the extent possible, the permittee shall
be given prior written notice of any time period during which the operation of the
sidewalk cafe will be prohibited by the City, but any failure to give prior written
� notice shall not affect the right and power of the City to prohibit the cafe's
operation at any particular time .
Okay. �
E. Conditions. ln connection with granting the encroachment permit for a sidewalk
cafe, conditions may be imposed in granting approval as deemed necessary for
the proposed operation to meet the operating requirements of this Section .
Okay.
F. Modifications. In the event the City determines during the operation of an
approved sidewalk cafe that additional or revised conditions are necessary in
order for the sidewalk cafe to comply with the requirements of this Section . The
• � City shall have the ability to add additional , conditions to the approved
encroachment permit.
)
Okay.
Page 7 of 9 8/22/2011
G . Revocation . The encroachment permit to operate a sidewalk cafe may be � �
revoked by the City upon finding that one or more conditions of the permit or this I
Section have been violated or that the sidewalk caf� is being operated in a �
manner that constitutes a nuisance, or that the operation of the sidewalk cafe
unduly impedes the movement of pedestrians past the caf�.
Okay.
Alan Nicholson , speaking on behalf of Zach Schats , regarding the vision of
downtown and keeping downtown looking and feeling municipal and uniform . He
expressed the need to not think temporary, but well thought out and permanent. For
example, more unified planters and suggests a design standards policy. Defined
spaces should be permanent i . e. bulb outs, planters, etc.
Council supports continuity.
Nicholson spoke regarding corporate chains downtown ad brought attention to the
front page of website of City of Ukiah and the advertising of shap local and local
support. Does not want to see a shop corporate downtown on the city website.
, 't�euaRCihappr6v�5^at ' ' ht�av
the sidewalk cafe complies with the standards noted above as revised . Revise Use
Table permit requirement to AC with a reference to the standards noted above ,
change name of use to Restaurant — sidewalk cafe.
- ,
Lot Line Adiustments AKA boundary line adjustments. �
By consensus, City Council approves lot line adjustment procedure as written in � 1
Attachment 4 of staff report.
Parkina Reauirements
Number of parking spaces required .
Senior Planner Jordan suggested changing "may" to "shall" count on street parking
spaces along the project frontage toward parking requirement. City Council agrees
with the suggestion and staff analysis . Revise section 9. 020(C).
Shared Parkina
Councilmember Thomas questioned the idea of shared parking in residential areas
and hopes the required numbers are correct.
City Council supports staff analysis.
Parkina Reduction for Permeable Pavinct
City Councif suppor#s staff analysis . Revise section 9 . 030(G) to allow a reduction in
parking for all types of Low Impact Development rather than limiting to only
permeable paving .
Reduced Vehicle Parkinq & Reauire Use of "Reauired Vehicle Parkina"
City Cauncil supports staff analysis. Na changes required . � '�
' . �
Circulation Map �
Extension of Stephenson Street and Church Street _ . . �
Page 8 of 9 8/22/2011
- l City Council supports removal from map, retention of the text making both streets
� recommended street extensions, provide direction to the purpose of the extensions
� is to replicate current grid pattern of the streets, and add language regarding lot
perimeter requirements. Add Stephenson Street to section 11 . 050(D):
Recommended Street Extensions and remove from section 11 . 050(C) : Required
Street Extensions, add language regarding the intent to create the grid pattern ,
compliance with block {�erimeter requirements, and compliance with circulation and
other DZC requirements. Block perimeter and other DZC requirements wiil be
determined through the development review process.
Linda Malone, representing Even Keel , supports removal of streets from the map,
requests the words "required" or "recommended" be removed from any Eanguage.
She do�s support the word "possible" extension to replicate the grid pattern . The
intent is to make it filexible and not reduce property values.
Linda Helland, Planning Commission , pointed out modifications are possible to
required street extensions.
Extension of Clav Street and Hospital Drive
Cit� Go�ncil s��ports I�vi�g both pn the circulation map�nd no chanae to text
Frontage Requirements - Sidewalk Width/Street Sections
' Councilmember Landis supports sidewafk widths consistent with the City's other
downtown lar�s . Perkins S#reet rovides an a ortunit for wider i ew I
- � p p pp y s d a ks. I n
! � general would like wider sidewalks whenever possible especially on gateway
� streets.
Councilmember Thomas expressed concerns over the number of variables, Street
by street approach , take into account foot traffic. Would like to see 8-10 sidewafks
but allow for flexibility. Would like planters between the street and the sidewalk.
Mayor Rodin prefers median instead of planters if space is available. Prefers wider
sidewalks over the movement of vehicles .
Staff to bring back suggestions.
8. ADJOURNMENT
There being no further business, the meeting adjourned at 9 pm .
c3
J nne M . Currie, City Clerk
. � _
� � �
; .
Page 9 of 9 8/22/2011
Charle Stum
�
From: Mary Anne Landis <malandis@pacific. net> �
Sent: ,� Monday, August 22, 20113:28 PM
To: . Kim .lordan; Charley Stump \
Subject: Fwd: Re: sideVualk cafe standards )
FYI re sidewallc cafes,
MAL
-------- Original Message -------- � .. .
Subject:Re: sidewallc cafe standards
Da#e:1VIon, 22 Aug 2011 15:21 :56 -0700 �
� From:Craig Straitman <crai 3�a�pacific.net>
To:Mary Anne Landis <malandisna,pacific.net>
Hi Mary Ann,e ,
Thank you for sending us the Sidewalk Cafe Standards .
Here are a few considerations : ' �
1 . Restrictions of service should be based on existing licenses ( ABC , Health
department , ].icense . . . T need to have a tull bar service as I do now)
2 . Hours of operation again based on existing licenses {not eam to 9pm)
�3 . � 50a af the si.dewalk shou].d. be based on � ADA requirements ( 500 of a thin
sidewalk wi11 not meet ADA) �
4 . The operator should not have to forfeit the space for festivals or events
( It would be a conflict to the liquor license and insurance ) see section D
5 . Tab1e n,eed. to be pre set in busy times . ( see section 9B )
6 . A removable bus station or an attended beverage service area within the
fen.ced in area wi11 help turn ta.bles and keep thing clean see �section 9A
I believe Sage has most of this from a meeting a couple of months ago . I am in Mammoth
fishing so phone fs better today, sorry I can � t meet with you, but please feel free to
ca11. me an.ytime .
We will be home, on Wednesday , driving Tuesday .
Thaink you .
Craig
391. - 7740
)n Aug 22 , 2011 , at 9 : 41 AM , Mary Anne Landis wr �
,
� Hi �You Two ! • •
1
� � I ' m wondering if you have seen the 3idewalk Cate Standards which will be dis cussed
tonight at an,other powntown Zoning Code workshop . •
>
�
> I p�.a.rticularly would like your comments on whether you think the requirements are
doable - lzke the section on Tables and Chairs ; tha� includes outdoor heaters a.nd
�`�oving al�l furn.ishings during non- operating hours .
1
� 5 2 hope you see this befare we meet so T can hear your viewpoint about any of the
details inc3,uded in staf� � s recommendations .
> �
> Here is the ur1 �o access it quickly. .
>
> http : / /citvofukiah . granicus . com/MetaViewer php �view id=2 & event id-19 &meta id 13935 '
> � ------
� Comments on any aspect of wha� ' s being proposed are appreciated , if you have tzm� �
>
> Mary Anne Landis
>
�
.
\ ��,
1
,
,
2
Charle Stum �
�
From : , Mary•Anne Landis <malandis@pacific.nef>
Sent: �•j Monday, August 22, 2011 1 :59 PM
To: Kim Jordan; Charley Sfiump ( - \
Su6ject: Fwd: RE: sidewalk cafe standards �
.
���� ��� �� ;c� „��
FYI, � .
������
MAL . .
-------- -------- � . . .
Original Message � G�� �
Subject:RE: sidewalk cafe s�andards � �
Date:Mon, 22 Aug 2011 12:21 :46 -0704
Fram:Zacb. 3chat <zachna,schats.com> �
To:'Mary Anne Landis' <ma���s(�,,�acific.net> .
He1lo Mary Anne ,
Thank you for inviting my commen�s . I � m going to try and make the meeting
tonight if I cam . Tn regards to SideWalk Cafe � S�andards as listed in
Attachment 2 I have the following commen,ts . '
Under section C , condition 3 .
I be3.ieve hours of operation should be extended to 6 : OOam un,til 9 : 30 p . m .
Are the current hours an arbitrary time frame . or do they coincide with other )
use permits ?
Under Section C ; condition 4 .
I believe you caruzot attazn the desired etfect for a �� sidewaJ.k cafe �� if
there is not enough sidewalk width to a11ow enough seating to make an
impact . Sidewa].k cafe is only successful if a " room ° Peel is areated .
Sidewalk tra£fic can � t i.nterrupt your room . S 'idewalk traffic needs enough
room to wa].k on the outside ot the �� room �� that is created .
� '
Under Section C , condition 6b . • �
hxtdoor dining should not impede public furnishings , but rather enhance �
�ccess to bike racks , shade , recycle receptacles ect , ect . .
7nder Section C , condition 6i
: think this is a case by case encroachment permit . If the storage of cafe �
:ables and ahairs isn ' t impeding any sidewalk traffic why not ].ock it up
>utside? I would imagine most business owaers woulda � t leave it out azayway �
�ecause of VandaLism .
�nder Section C , condition 9b �
' m not sure what the rational is for not allowing pre setting af tables
uring business hours . You either look open and invita.ng or you don � t .
' nder Section C , condition 9e ' )
1 •
- -- --- --i --- ----�- •• �••�.� .... o �vLC �Laatt vu � 51t,LC � AUL t WOU1C1 imag�ne trash
receptacles are o . k . �
�. .
Mary �zinne ,
r .
' �see a vision for a downtown �hat includes wicler sidewalks , bulb outs , �
_ ee ' s , bike racks , tree � s , planters . T believe a11 of these adcl to the
overall effect o£ what we are txying to do to the downtown . T, �eel we don � t
need to ntxyout " certain spots , because if i� � s done xa.ght it wi11 wark . I
have no doubts . Pardon my Freneh, but doing thinge '�half ass '� won � t provide
good data . The approach �o the downtown and its overall revamping, doesn � t •
need to be focused on sidewalk cafe � s for cer�ain shops , but rather on
creating an ambianae for the entire core of downtown with wide sidewalka ,
bike raClcs , benches , shade and signaga . �nce �hat � s in place , people wi11 •
apprecia�e the �hanges and cafe ' s wil]. feel incla.ned to create an outdoor
room and �he entire feel ot the downtown wi11 change .
Thanks again for asking for my comments . •
Best Regards ,
Zachary Schat
Schat ' s Bakery
- - - - -Original Message- - - - -
From : Mary Anne Landis [mailto : malandis@ acific . net ]
Sent : Monday, August 22 , 20].1 9 : 48 AM
To : zach@schats . com •
Subj ect : si.dewalk cafe standards .
HZ �Zaek , . `
% � � .
Ti,. anticipation of the future expansion of sidewalk dining , I ' m hopeful.
you will be will�.ng to comment on this section- or any part of what is
beiag discussed tonight regarding the Downtown Zoning Code .
http : / /cityofukiah . qranicus . com/MetaViewer php �view id=2 &event id-19 &meta id
=13935
ETere ' s the website where you can find �he recommended standards for
sidewalk cafes , hoping you will take a bit of time to tha.nk about
whether they are reasonable and either come comment about them or send
ne your thoughts .
Phanks , .
Qary Anne
�
2
A�tachment # � e
'"� CITY OF UKIAH �
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
9/27/2011
1 . ROLL CALL : ,, . , �'`
;, ;>
Ukiah City Council met at a Special Meeting on Sep�eiiml�er 27, 2011 , the notice for which
being legally noticed on September 22 , 2011 . M,.ayor" Rodin called the meeting to order at -
6: 02 pm . Roll was taken with the following Co[.(ricilmembers present: Landis , Thomas ,
and Mayor Rodin . Councilmembers abse��� � ouncilmembers„ Crane and Baldwin . Staff
present: Planning and Community Dev �o � nt Director Sturl�p, Senior Planner Jordan ,
� �i�
City Manager Chambers, City Attorne ' � : � �ort, and City Clerk �ctrrie.
/��// „ i�
,,,, „
,=�,�
Councilmembers Crane and Baldwin wer�� �� ,pres > ecause bot�i have a conflict of
�� , �i� r .
interest by owning property ��� , in a 300 sq ,��/f - , � dius of the D�G ;boundaries and
cannot by law participate in t���;�/ ssion and�,�� on the matter. �
� ���//O/��, ���%/�„ .
%//r�,
Mayor Rodin owns property witt���� � �� are foot �� s of the DZC, but since Council
, needed to have a quorum , on�i > em ' �� the t�� , with the conflict needed to
� ,,i�/�„�,,, , �� o ///a,, �%,
participate, so th � selectio < `, rocess � e . . n the��hree Council members and
/ i���i/i�i% j ,i, �,j��j ���
Ma or Rodin �r - � ec e�� particip� � %///j/
y /� %� �i /
o, '%!
2. PLEDGE OF A ��. IANC � �
�� ��////i,. /j /���
3. PET.� ' %„�S'�.�[�ID CO���If; .�F���� ,�S �%/
����//„ ,,,,���/////////////�/ , �� � °�//////%/// �%
��%
4. - ,� ROVAL O ���j�y1TES�//////� /
�///// inutes of 8/�� : �%//�
a. %/j/////ii: '��%/i, ,,,///,
�i
M/S Lar�,,,���SlThomas to ,��rove mmutes of 8/22/11 , as submitted . Motion carried by all
AYE voic�� j
//"'�/////o,;
j
5. RIGHTTO APP ,������ ION
6. AUDIENCE COMM S ON NON-AGENDA ITEMS
Alan Nicholson stated today is the national awareness day for the postal service to raise
the awareness of the closing of post offices . The post office downtown is going to be
closed by Christmas and all appeals have been rejected . Nicholson requested the City
Council entertain sending a complaint to the postal service to see where it leads . He
provided a schedule of procedures and draft complaint. City Council expressed a desire
to add it to an upcoming agenda (maybe October 5 , 2011 ) .
� � Don Larson spoke regarding closing of the downtown post office and picking the closure.
` � Democracy Now had a segment on closing post offices .
Page 1 of 5 9/27/2011
7. WORKSHOP DISCUSSION �
a. Community Workshop For Discussion of the Proposed Downtown Zoning
Code (DZC)
Director of Planning and Community Development Director Stump and Senior Planner
Jordan presented the item . Recommended Action (s) : Conduct a City Council workshop
on the draft Downtown Zoning Code and take public comment.
Attachment 1 - Unresolved Issues, pq. 7 " Other°
Building Height , ,,-% � -.,
� ��
Staff recommendation is to have the applicant go thra�"f�'��r���he exception process to bulid
a one story building . „ ;;,;; �
:;,�,,,,,.,<;,,,-,:.
� �, , , , ,., ��
�;; '�;' `,i'��'
By Consensus City Council supports staff's r ar�mendation,
<, ,,,;..
�,-,:..
� ,, ,
Density ` ;
Staff recommendation is to leave max ; � density at 28 units b�cause it is the same as
the General Plan . ��j//�j/ � � �
//� � �
,,, ., ,,,
By Consensus , City Council s�/��}-//orts staff's r�;� ation . � ; ;
%j�j/// ��
Trash Receptacles /////� O�j// , ///
By Consensus , City Council sup� ; s s���� comme�����n .
�i// ,,,,�, ��%/,, ���//// i . �//a� �
/ ,,, .
Attachment 2 � , . � L�t-of-Wa , � . nfi u � r,� ,Existi nd Pro osed
,,,��,,,,,; �,j �"j� ����j////
Frontage Re��j/ rfien �%/� �
;/
�%/�� �,,
Clay Street (Ma�� eet t , � �ilroad R �, pg. 4
�ii� . �i�.,,. ., �/�,,.
Counci mbers La�� , a �,, nd M� Rodin support bike lanes .
,i///���////� i� . %/� r //�/�'l///ii, ; �//„ �
Ma, � �;,;�;,����� port���j �r g ��j j nes ;��� increasing sidewalk widths .
/�/ i�i/Oi „ �i, .... ���j/,
(State Stre���� air���r�et) pg• ��
�%i� ,.. . i/� . �ii,,.
Cd��c I supports r ���ing P��g on street, reduce travel lane , adjust sidewalks , and
�ii,. �%
crea ����e lanes . /� //�
�%i� � /�
Tarney S��, n sugges�; using a traffic and bike lane concurrently, a share row, like
used in othe�� muniti :�� hen dealing with small streets .
���/////� �
�
Leslie Street pg. �% /
ouncilmember Lan �jd Ma or Rodin su ort bike lanes third o tion .
C Y pp ( P )
Alan Nicholson supports the plan integrating with the streetscape plan .
Councilmember Thomas inquired as to what the impact would be on the mobilehome
park in the Leslie street area.
Robert Axt is concerned about Leslie Street with the Senior Center and River Oak
School . The two concerns were adequate sidewalks and safety control for the children . �
Hopes all types of types of traffic can be handled on Leslie . �
Page 2 of 5 9/27/2011
' " l Council supports a bike lane if feasible .
1
Councilmember Landis and Mayor Rodin spoke to Stephenson Street (page 5) and
support travel lanes , no parking , and sidewalks with tree wells .
Councilmember Thomas is concerned about the reduction in parking . Staff stated studies
show plenty of parking is available .
By Consensus , City Council supports the recommendations in the table.
� Menu of Alternatives for Limitations on Formula Fast Food Restaurants -
Attachment 3 %-��"���
�,,,.;�,:•��
;�,�?;;<,.
�%,� ; - �
,����i>�a
Linda Helland , Planning Commissioner, agree,s ;�h� 't��#inition of Restaurant - Formula
�, ,< , ;.. , „
Fast Food needs clarification . �- ,
�� :<,,
Robert Axt has issue with the definitio j ° t�aurant - Formufa Fast Food .
/ . � ��
, �<;
Robert Axt spoke on behalf of the owne � ' �he Pear Tree Center�<%�,Formula Fast Food .
They are concerned about the definition stau . -�° � - Formula F�st ,Food . They are
/i� . i ,� ,-,
planning an eat- in restaurant, �/�he vacant c � � center and feel'#i�e DZC puts the
center of town at a disadvan ;,,�� ;��he Redwo , �� siness Park. They hope Council will
not prohibit a use that puts the .; -�,,,���dvantage. 0//��j
��%i,. �����/i,,.
///�i,,
,- � Dan Thomas supports fast food e�� lishrr���� r colle���tudent jobs . Spoke regarding
/ //ii�., ///i, //// �,, �� �
the Perkins Stre,��j - j d suppo .,j aking � - ��tion �, !- f the form based zone and
i/ aoio/ /� ,
consider it as; � � , �th�, �� ting dev�� -- e �/ � Center . �
� � �� �;�„�,� )
/ �
Roberta Heath �,�,����d wha� ommuniti ,,j re used to see what is and what is not
�''��. //�ii . ,/,
downtown . Does na�.s,upp; j �� beco� like Marin and Sausalito because Ukiah is
diff - %/////// O j %/////�j �j�
�ii� � ���//// ,, %� ��/% �, �
%j, , i , �//�
° � e Sheldo�i�� h G��t��s Opport���s , Nutrition educator, peers and proximity
' � i� Y i �, ��i ,.
a ;,,� � kids and fa . ;�� , ch��j , If the unhealthy foods are available , people will eat it.
Mal�;�� healthy foo �,;j easy ��e .
�///// j %
�,,,,
Linda He ��rbrought u / ; e fact of the proximity and density of fast food has an affect
on peoples���� h and t,� �� non-chain restaurants return approximately 20% more to the
local econom ��� n �� ` establishments do. Encourages City Council uphold the
Planning Commi�� ��commendation of prohibiting formula fast food .
�
Alan Nicholson spoke regarding health care costs and tax dollars by allowing formula fast
food into the community. He read a letter, Attachment 1 .
Mo Moheren Wattenburger spoke to the rights of the business owners to sell what they
wish . Does not support a ban .
Councilmember Landis provided 'some recommendation
1 . No formula fast food in downtown core - 6 block area - with the exception of donut
. � shops , ice cream , and coffee houses , etc . and keep them at 5% of the total stores
downtown .
,
Page 3 of 5 g/27/2p� �
2 . In the urban center less than 15% of any formula fast food . �
3. In the general urban fewer than 5% of all fast food .
Landis also had the following recommendations :
• No fast food on street corners , nor primary locations , less visible, and not a land
mark.
• Not more than one per block on either side of street.
• Abide by the form with appropriate signage. There are good points in the ASR
about signage . , Landis supports hearing from the Design Review Board regarding
signs .
Supports Design Review Board review of exterip,���lans .
� iisi,.�,;�
� One more than one of any kind or brand in zo�;it�� area.
� Max �of 30 foot street frontage . ��.?;%%�`
%i%i�i"'/,�; >
• No drive thru ever. - ;,%f� ,,�,,,
;,�i/ i':�i,
• Would like to see a trash removal p�jpage 2 unc.��r,�dditional requirements .
�� � . 3,
Tarney Sheldon thinks the 5% is too m, � the core. /���y;��-�-
� '�i�%�,
���j/ ,�j„'. ;
�l/ �.
Mayor Rodin supports a ban on formula , ��od in , of the thr��;�reas of downtown ,
suggests limiting to a specifi � number (like��fo (not existing)%�coffeehouse, ice
cream , etc . in the entire DZ ;��,,, grees with ,; oints regarding sigris .
%���j��%%i,, . , /�////.%,,.
%/�.
Councilmember Thomas suppof��� ,; ��din s po�#,'�,�� .
�%�, ��% ��./�oi,
Rapporf explaine motive c���ot fav��` , I bus��� s , but for health reasons . �
�i� � %l/i, o, ���� ��
Rapport talked -' � � �;, � - . d the fin �, s . �
% ��% �i 'i�!�
� %� �
Rodin suggest ,,���king at �j Finding �� age 3 and urpose Statements page 4.
/ ��� , O// ,
ii. �!��,,,, i%,
Rap o ; � aed whafi�� , ; „� Land�'� 's suggesting is different than a total ban .
/iii�/��/i�, � , ,��������o�„ ��
T �� g�����, :"s es is � - .r�ent. T'�����; th ��tification is not enough . Banning does not
./��i ial'` . . , ,,�.ry,, ��,,. � , � ,,�
;p�j � ote diversi��� ix o����l and n������ I businesses in needed .
�%p,- ��%/� ���%i�. . .
Cit ;;� - ncil re uest�� .; etter � tion of Formula Fast Food .
/���% ,. p �% �����
��//%„ /o //.
Linda ��' . stated m � ; communities have restricted formula fast food and currently
many fas�� d chain � re within the City limits . Helland provided a list of
findings/pre���for thi �ction of the code, Attachment 2 .
//////�j/
Mayor Rodin aske ,, /j ssioner Helland if she thought City Council could ban formula
fast food based on t e current imbalance . Helland said yes and the General Plan also
offers support to a ban . Rapport stated facts need to be submitted to Council for the
record that are unique to Ukiah . Rodin thought Public Health may have some of these
counts . Helland said the study looks at fast food and not just formula fast food .
Mayor Rodin agrees with Councilmember Landis on signs and store front widths .
Director Stump summarized what he heard City Council recommend , to retain and
promote one-of-a-kind , unique business and restaurants . )
Page 4 of 5 9/27/2011
l Mayor Rodin and Councilmembers Landis and Thomas like second purpose statement
� on page 4.
Director Stump said using purpose statement two, staff will prepare findings to support
the approach recommended by Mayor Rodin _and Councilmember Thomas (a ban on
formula fast food) , and will return to Council .
Regarding the definition of formula fast food , modify A, remove inexpensive , remove
quickly made, and define low nutritional value .
Mayor Rodin does not support banning healthy fast fooc��,;,
,��,, , ,:
,,;i;=,,;.
-;�;:;:%;;
� :,,��%
Robert Axt suggested removing the commas in the tleScription making it one statement
„ �,�,_„
instead of three. Inexpensive should not be a qu��t����a�r,��. ,
;; ,,,.
,:,
City Manager asked if staff could procee � ��� CEQA pro'cess. Stump said yes and will
// %l
work closely with City Attorney Rapp ity Council supports keeping c and b of
definision . �/ % - ;:
//////�j/ %% ,
8. NEW BUSINESS // j�� ,
, .>.
a. Consideration And P � , 'ble Approva�/%� . � �er Addressing ,;;%Revisions To
, �,,,
Participation Agreeme�;��,%!'Ukiah Vall��j nitation District Discussed By Ad
Hoc Committees Of City ����„��ct /j�0
%// %j//�j/ �%/�j/
� �� Adjourn to closed session .�jpm j/� / / //�j
- D� �O//�, . %, ����%////,,, .
9. CLOSED SES ; ��C ����t. Sessior��aa �_ �r����,f� time durin the meetin
�oiii ,, °ii/� i� i ,,ii/
a. Confere���nrith Leg���ounsel - "°�;�� g Litigatior�
°�ii ,. �� ii
(Subdivisio , ' of Go, � ode Secf���4956. 9)
. ''///� , / /i, � .. %�ii.
� of caser�% i - ��� anitaf��District v. City of Ukiah , dispute resolution
// i/% �/,,,,,,.., l//// //��� /%////�� '
� , .��'� 'cipati � ;,/� � eem��j/ � %//
�� �� % Oji
% ///% �
/ /i O� �////�
Recon :.,,� d in Open S����� wit���eportable �tion 9: 15 pm .
��//o .. j�j%
10. ADJ� , NMENT %, /j��%�j
, / /
� % /i /
There b� ,no further b � ess th �m in
,, , eet ad 'ourned at 9: 15 m .
, �� 9 J
� , p
� �
/��/ �
�%i�,,. j
,,,,,, ,%�
JoAnne M . Currie , City ,�
j
Page 5 of 5 g�27�2p11
�
1
_ .�
�
1 ATTACHMENT 4
2
3 DRAFT CONDITIONS OF APPROVAL— USE PERMIT
4
5 DRAFT USE PERMIT CONDITIONS OF APPROVAL TO ALLOW OUTSIDE DINING
6 AT 115 NORTH ORCHARD AVENUE, APN 002-200-40
7 FILE NO: 12-07-UP-PC
8
9 1. Approval is granted to allow outside dining in association with the new restaurant
10 building and drive-thru as shown on the plans date stamped July 26, 2012 and as
11 described in the project description submitted to the Planning and Community
12 Development Department and date stamped July 26, 2012.
13
14 2. The permittee is responsible for maintain all outdoor dining furnishings and the outdoor
15 dining area in good condition, including but not limited to the following:
16
17 A. All outdoor dining furnishings and all exterior surfaces within the outdoor dining area
18 shall be easily cleanable and kept clean and free of debris; and
19
20 B. The outdoor dining area and adjacent areas shall be kept in a clean and safe
21 condition.
22
23 3. Outdoor dining is limited to seating for up to 12 people as shown on the approved site
24 plan.
25
26 4. Prior to commencement of outdoor dining, a "Trash Disposal Plan" shall be prepared by
27 the applicant and submitted to the Planning Director for review and approval. The Plan
28 shall address litter control, trash collection, on-site storage, and pick-up on a regular
29 basis. The Plan shall include proof of a contract with the City disposal contractor, and
3o specify that such a contract shall be maintained as a requirement for the issuance and
31 retention of the Use Permit.
32
33 5. Outdoor dining is limited to 12 seats due to the number of onsite parking spaces
34 provided (see site development permit condition of approval 6). The Planning Director
35 may approve additional outdoor seating as part of the outdoor dining with the installation
36 additional bike parking spaces. The number of bike parking spaces required will be
37 determined by the Planning Director based on the number of additional seats proposed
38 in the outdoor dining area. The required bike racks shall be installed prior to the
39 installation of additional seating for the outdoor dining area.
40
41
42
43
44 Standard Conditions
45
McDonalds Outdoor Dining
Use Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
1
1 6. Business operations shall not commence until all permits required for the approved use,
2 including but not limited to business license, tenant improvement building permit, have
3 been applied for and issued/finaled.
4
5 7. No permit or entitlement shall be deemed effective unless and until all fees and
6 charges applicable to this application and these conditions of approval have been paid in
7 full.
8
9 8. The property owner shall obtain and maintain any permit or approval required by law,
10 regulation, specification or ordinance of the City of Ukiah and other Local, State, or
11 Federal agencies as applicable. All construction shall comply with all fire, building,
12 electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect
13 at the time the Building Permit is approved and issued.
14
15 9. A copy of all conditions of this Use Permit shall be provided to and be binding upon
16 any future purchaser, tenant, or other party of interest.
17
18 10. All conditions of approval that do not contain specific completion periods shall be
19 completed prior to building permit final.
20
21 11. This Use Permit may be revoked through the City's revocation process if the approved
22 project related to this Permit is not being conducted in compliance with these stipulations
23 and conditions of approval; or if the project is not established within two years of the
24 effective date of this approval; or if the established use for which the permit was granted
25 has ceased or has been suspended for 24 consecutive months.
26
27 12. Except as otherwise specifically noted, the use permit shall be granted only for the
28 specific purposes stated in the action approving the Use Permit and shall not be
29 construed as eliminating or modifying any building, use, or zone requirements except to
3o such specific purposes.
31
32 13. This approval is contingent upon agreement of the applicant and property owner and
33 their agents, successors and heirs to defend, indemnify, release and hold harmless the
34 City, its agents, officers, attorneys, employees, boards and commissions from any claim,
35 action or proceeding brought against any of the foregoing individuals or entities, the
36 purpose of which is to attack, set aside, void or annul the approval of this application.
37 This indemnification shall include, but not be limited to, damages, costs, expenses,
38 attorney fees or expert witness fees that may be asserted by any person or entity,
39 including the applicant, arising out of or in connection with the City's action on this
4o application, whether or not there is concurrent passive or active negligence on the part
41 of the City. If, for any reason any portion of this indemnification agreement is held to be
42 void or unenforceable by a court of competent jurisdiction, the remainder of the
43 agreement shall remain in full force and effect.
44
McDonalds Outdoor Dining
Use Permit Conditions of Approval
115 North Orchard Avenue
File No.12-07-UP-PC
2
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
Cit ►�,iah
California Environmental Quality Act
INITIAL ENVIRONMENTAL STUDY
AND
MITIGATED NEGATIVE DECLARATION
Downtown Zoning Code
�
�
d " �
�;
Department of
Planning and Community Development
June, 2012
1
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
TABLE OF CONTENTS
Introd uction.....................................................................................................3
Background
Information......................................................................................................3
ProjectDescription............................................................................................6
ProjectObjectives.............................................................................................8
EnvironmentalSetting.........................................................................................9
Summary of Potential Impacts..............................................................................9
Mitigation Measure
Table..............................................................................................................11
Checklist and Environmental Analysis....................................................................12
➢ Aesthetics
➢ Agricultural resources
➢ Air Quality
➢ Biological Resources
➢ Cultural Resources
➢ Geology and Soils
➢ Hazards and Hazardous Materials
➢ Hydrology and Water Quality
➢ Land Use Planning
➢ Mineral Resources
➢ Noise
➢ Population and Housing
➢ Public Services
➢ Transportation and Traffic
➢ Climate Change/Greenhouse Gas Emissions
Mitigation Monitoring
AndReporting...................................................................................................70
Mandatory Findings
ofSignificance...................................................................................................73
Determination ...................................................................................................75
ReferencesCited ...............................................................................................76
Mitigated Negative
Declaration........................................................................................................77
2
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
1. INTRODUCTION
After a well-attended five-day community visioning workshop process, City staff has been
developing a new set of zoning regulations for powntown Ukiah and the Perkins Street corridor.
The new zoning regulations will provide opportunity for well-planned compact pedestrian
oriented development, mixed land uses, a variety of housing types, and a re-creation of the best
of Ukiah's form and architecture.
The Planning Commission and City Council each conducted a series of separate public
workshops over a period of nearly two years to discuss and develop the proposed Downtown
zoning code.
This Initial Environmental Study examines the potential environmental effects of the proposed
new Downtown Zoning Code for the City of Ukiah. This initial Study was prepared for the City of
Ukiah as the lead agency for this project. The proposed project is described in detail below, as
are the project objectives and the environmental setting of the project area.
A number of recently prepared environmental documents were used to gather information for
this Initial Environmental Study (References Cited, page 58). Most notably, Staff examined and
used information from the FEIR for the New Ukiah Courthouse (SCH #2011042089), prepared
by RBF Consulting for the Judicial Council of California —Administrative Office of the Courts.
The findings contained within this Initial Environmental Study will be used in support of the
preparation of a Mitigated Negative Declaration for the project.
2. BACKGROUND INFORMATION
Project Name: City of Ukiah Downtown Zoning Code
Project Location: The project area is generally bounded by Oak Street on the west, Henry
Street and Norton Street on the north, Seminary Avenue and Cleveland
Lane on the south, and Leslie Street on the east. The area also includes
the parcels fronting on East Perkins Street from Oak Street to Highway
101 (See map on page 7)
Project Applicant: The City of Ukiah is the project proponent.
300 Seminary Avenue
Ukiah, CA 95482
Project Planner: Kim Jordan, Senior Planner (707) 463-6207/ kjordan(a�cityofukiah.com
Initial Study
Preparation: Staff— Department of Planning and Community Development
Date of initial Study
Completion: June 4, 2012
3
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
30-day Public
Review and Comment
Period: June 10, 2012 through July 10, 2012
Purpose of Initial
Study: This Initial Environmental Study has been prepared in conformance with
the California Environmental Quality Act of 1970 (CEQA) and the State
CEQA Guidelines to evaluate the environmental effects of implementation
of the proposed project. The purpose of the Study is not to recommend
approval or denial of a project, but to provide decision-makers, public
agencies, and the general public with objective information regarding the
range of the potential environmental effects that could result from
implementation of the proposed new Downtown Zoning Code. The
environmental review process is specifically designed to objectively
evaluate and disclose potentially significant direct, indirect, and
cumulative impacts of a proposed project; to identify alternatives that
could reduce or eliminate a project's significant effects while continuing to
achieve the major objectives of the project; and to identify potentially
feasible mitigation measures that reduce or avoid the significant effects of
a project.
Initial Study and
Mitigated Negative
Declaration
Process: This draft Initial Environmental Study and Mitigated Negative Declaration
are being circulated for public review and comment for a period of 30
days. During this period, the general public, organizations, and agencies
can submit comments to the lead agency on the draft Initial
Environmental Study and Negative Declaration accuracy and
completeness.
Because Gibson Creek is regulated to some degree by the State
Department of Fish and Game and the Regional Water Quality Control
Board, and it flows through the project site, the Initial Environmental
Study and proposed Negative Declaration were sent to the State Clearing
house for distribution to State Agencies and a 30-day review and
comment period.
Upon completion of the public review period, comments on the draft Initial
Environmental Study and Mitigated Negative Declaration will be reviewed
and responses to those comments will be prepared. Before the City can
consider approval of the proposed project, it must first find that the
Negative Declaration is complete, accurate and adequate, and in
compliance with CEQA. The City Council must make this finding using its
independent judgment.
Upon publication of this Initial Environmental Study and Mitigated
Negative Declaration, the City of Ukiah provided public notice of the
document's availability for public review and invited comment from the
general public, agencies, organizations, and other interested parties.
4
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
Copies of the Initial Environmental Study and Mitigated Negative
Declaration can be found at the following locations:
City of Ukiah
Planning and Community Development Department
300 Seminary Avenue
Ukiah, CA 95482
Website: www.cityofukiah.com
The public review and comment period is 30 days from June 10 2012
through July 10, 2012. All written public comments on the draft Mitigated
Negative Declaration must be received no later than 5:00 p.m. on July 10,
2012. All written comments or questions regarding the draft Mitigated
Negative Declaration should be addressed to:
Charley Stump, Director
Planning and Community Development
300 Seminary Avenue
Ukiah, CA 95482
cstump@cityofukiah.com
Lead Agency: Lead Aqencv: In conformance with Sections 15050 and 15367 of the
State CEQA Guidelines, the City of Ukiah is the "lead agency" for the
proposed project, defined as the "public agency which has the principal
responsibility for carrying out or disapproving a project." The City of
Ukiah, as lead agency, is responsible for scoping the analysis, preparing
the Initial Environmental Study and Mitigated Negative Declaration, and
responding to comments received on the draft Mitigated Negative
Declaration.
Responsible Aqencv: Responsible agencies are state and local public
agencies other than the lead agency that have authority to carry out or
approve a project or that are required to approve a portion of the project
for which a lead agency is preparing or has prepared an Initial
Environmental Study/Mitigated Negative Declaration. For the Downtown
Zoning Code project, there are no Responsible Agencies.
Trustee Aqencies: Trustee agencies under CEQA are public agencies
with legal jurisdiction over natural resources that are held in trust for the
people of California and that would could potentially be affected by a
project, whether or not the agencies have authority to approve or
implement the project. For the Downtown Zoning Code project, the State
Department of Fish and Game and the State Regional Water Quality
Control Board are Trustee Agencies.
5
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
3. PROJECT DESCRIPTION
The proposed Ukiah Downtown Zoning Code is a land development regulatory tool (Zoning)that
places primary emphasis on the urban form, the relationship of buildings to each other, to the
street, and to open spaces - rather than a code that is based primarily on land use. The Form
Based Code:
• Places less emphasis on the use of land as opposed to the form and location of the build
environment.
• Recognizes uses may change but the building remains.
• Encourages mixed use and a mix of housing types.
• Relies on design concepts and patterns intended to preserve the best of the downtown,
creating more livable environments and spaces.
• Achieves compatibility of uses through design and orientation, instead of strict land use
separation.
• Gives more attention to the streetscape and the design of the public realm.
• Is based on a design focused public participation process.
The basic principle is that design is emphasized more than use. It includes simple and clear
graphic prescriptions for building height, how a building is placed on site, and how building
elements are used to manage development. The form-based approach of the proposed code
regulates new infill development in the existing downtown core and Perkins Street corridor with
respect to the existing character/context, and prevents new out-of-scale development. The code
supports mixed uses with a range of housing types and commercial land uses with a focus on
form, size, and placement of buildings, landscaping and parking, and less on land use and
density. The proposed maximum residential density of 28 units per acre is unchanged from the
existing code density standards.
The proposed code includes sections addressing building and site uses, land use standards,
site planning and development standards, architectural standards, historic building standards,
parking requirements, tree preservation and planting requirements, and circulation standards.
The Downtown Zoning Code area is divided into three separate zoning districts: General Urban
(GU); Urban Center (UC); and Downtown Core (DC). Separate allowed and permitted land
uses and development standards are proposed for each district.
The proposed code has been designed to provide the following:
■ 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. The intent is to provide certainty for property owners,
developers, decision makers, the community, and staff.
■ A process that allows a deviation from a standard to be requested by an applicant. This
process requires a discretionary application and includes public notice and public
hearing.
6
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
■ A reduced review process for projects that are consistent with the requirements of the
DZC since these projects provide certainty as to their outcome and would be consistent
with purpose of the DZC.
■ A zoning code that is easy to use and understand with requirements provided primarily
in table form; defined terms and uses; and references to other relevant sections of the
DZC or Ukiah City Code.
■ Design guidelines, including for signs that would guide development and fulfill the
community vision that evolved from the design charrette.
� �� _ _ F� i � � �', ING ��E Z�NIIV AP
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�D2C Boundary Speeial Designations H df010
Y 9Y �
Zoning Districts �PUblic Parking Existing � 160 Year Flaod �
Q Civic Existin9 a 125 25a 5�0 9
- UC ��ivic Prererred ------ Gibson Creek Feet �
- �C �Parking Structure Preferred
GU �Pu61ic Facilities
Map Updated-May,2012
Downtown Zoning Code Area Map
7
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
4. PROJECT OBJECTIVES
1. 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.
2. 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.
3. 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 shop-front buildings in the Downtown, and the architecture of historic civic
buildings.
4. 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.
5. 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.
6. To facilitate the coexistence of a wide range of residential, commercial and similar
uses in close proximity within a lively downtown urban environment.
7. To preserve and enhance the historic Downtown.
8. To support local businesses and create a vibrant commercial downtown where
buildings meet the street and activate a wide range of pedestrian-friendly uses.
9. 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
Gibson Creek corridor, tree planting, and tree preservation).
8
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
5. ENVIRONMENTAL SETTING
According to the State CEQA Guidelines, an Initial Study must include a description of the
existing physical environmental conditions in the vicinity of the project to provide the "baseline
condition" against which project-related impacts are compared. The baseline condition for the
proposed project is the physical condition that existed when the City Council completed its
workshop review process of the draft Downtown Zoning Code in 2011.
The environmental setting of the Downtown and Perkins Street corridor area affected by the
proposed code is characterized by dense urban development. The Perkins Street corridor is the
primary vehicular access from State Highway 101 to the historic Downtown, and carries the
heaviest number of vehicles during peak traffic hours. The majority of the area is built out, but is
ripe for redevelopment because many of the buildings are old and reaching their practical
usefulness. Additionally, there are a number of vacant parcels in the boundaries of the code
area, most notable the property referred to as the Railroad Depot parcels. This approximate 10
acre property is prime for redevelopment (old railroad yard) and represents a significant
opportunity site for future urban development.
Gibson creek also flows through portion of the area from the northwest to the southeast. This
stream supports animal populations in its riparian bands, as well as aquatic life, including
migrating salmon and steelhead fish.
6. SUMMARY OF POTENTIAL IMPACTS
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 � Global Climate Change � 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
� Utilities/Service Systems � Mandatory Findings of Significance
This Initial Environmental Study concludes that the adoption and implementation of the new
Downtown Zoning Code would have potentially significant adverse impacts on air quality,
cultural resources, biological resources, and traffic. However, reasonable and feasible mitigated
measures have been identified to avoid or reduce these impacts to levels of insignificance. The
project, as mitigated would not have significant adverse impacts on the environment for the
following reasons:
1. No increase in potential density or intensity of land uses from what is currently allowed
or permitted would result.
2. It requires wider sidewalks, bicycle paths/routes, street trees, and other features to
promote walking, bicycling, and the use of other alternative modes of transportation.
9
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
3. It allows for the mixing of land uses to promote walking, bicycling, and the use of other
alternative modes of transportation.
4. It requires the preservation and enhancement of Gibson Creek and its riparian corridor.
5. It requires the preservation of landmark trees and includes standards to preserve and
enhance the historic downtown.
6. It requires all newly proposed development to be consistent with the requirements of the
Airport Master Plan and Mendocino County Airports Land Use Plan.
7. No mineral resources or agricultural lands are located within or in close proximity to the
project area, therefore none would be adversely impacted by implementation of the new
Downtown Code.
8. There are adequate public services to serve future development in the project area
without a need for additional staff or infrastructure.
9. It promotes and encourages 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 Gibson Creek
corridor, tree planting, and tree preservation).
10. Review of recent environmental data prepared as part of the New Ukiah Courthouse
project (EIR) and Railroad Depot Site Land Acquisition and Soil Remediation project
(Mitigated Negative Declaration) provided up to date information on the environmental
setting, potential impacts from future development/redevelopment, and assisted in the
conclusions reached in this document.
11. The project would clearly provide benefits to the environment. The proposed Code
includes requirements for the preservation and restoration of Gibson Creek and its
riparian corridor; the preservation of landmark trees; the preservation and enhancement
of the historic fabric of the downtown; the requirement for wider sidewalks, bicycle
paths/routes, and street trees — all intended to enhance pedestrian and bicycle use and
discourage automobile use, thereby reducing air pollution and greenhouse gas
emissions.
12. Any future development would be subject to the requirements of the California
Environmental Quality Act, and an Initial Environmental Study would be required to
determine if future development would expose people to hazardous substances. At this
time, it is premature and would be speculative and unreasonable to assume what size,
scale, and intensity of development would possible be proposed in the future.
13. Mitigation measures are included that require the preservation and enhancement of
Gibson Creek and its riparian corridor, the imposition of standard air quality (PM-10)
measures for future development, the imposition of standard cultural resource protection
measures, and financial contribution for traffic improvements if the City adopts a traffic
impact fee program for the project area.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
Accordingly, it has been determined that the project would not have a significant adverse impact
on the environment and a Mitigated Negative Declaration is appropriate for the project.
7. TABLE OF MITIGATION MEASURES
Impact Mitigation Measure
Air Quality: Short-term production of particulate matter 1. Prior to any future site disturbance, grading or
(PM-10)resulting from future construction activities excavation of soil, the project proponents shall
submit an application to the Mendocino County
Air Quality Management District to determine if
a permit is required.
2. The project contractors/applicants for future
projects involving grading and the disturbance
of soil shall prepare dust control plans. The
project contractors shall be responsible for
ensuring that all adequate dust control
measures are implemented in a timely manor
during all phases of the project. The dust
control plans shall include, at minimum, the
following measures:
a. Water shall be applied by means of
truck(s), hoses, and/or sprinklers as
needed prior to any land clearing or earth
movement to minimize dust emissions.
b. All material excavated, stockpiles, or
graded shall be sufficiently watered to
prevent fugitive dust from leaving the site or
causing a public nuisance. Watering
should occur at least twice daily, however
frequency of watering shall be based on the
type of operation,soil,and wind exposure.
c. All on-site vehicle speed shall be limited to
15 miles per hour(mph)on unpaved roads.
d. All land clearing, grading, earth moving,
and/or excavation activities shall be
suspended as necessary, based on site
conditions, to prevent excessive windblown
dust when winds are expected to exceed
20 mph.
e. All inactive portions of the disturbed site,
including soil stockpiles, shall be covered or
routinely watered to control dust emissions.
f. Paved areas adjacent to the site shall be
routinely swept or washed as required to
remove excess accumulations of silt and/or
mud,which may have resulted from grading
and excavation at the project site.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
Biological Resources: Potential impacts to the Gibson 3. Future development projects in the planning
Creek riparian corridor resulting from future construction area shall maintain a 50-foot building setback
activities from the edge of the Gibson Creek riparian
corridor, unless a shorter distance is supported
by the State Department of Fish and Game.
4. Future construction activities shall not cut,
disturb, or remove native riparian plants or trees
along the Gibson Creek riparian corridor, unless
supported by the State Department of Fish and
Game.
Cultural Resources: Disturbance of pre-historic or
historic resources during future construction activities 5. If, during site grubbing, grading, soil excavation
or any aspect of future project development
project, any pre-historic, historic, or significant
cultural resources are discovered, all work shall
be halted and the contractor/project proponent
shall immediately contact the City of Ukiah
Director of Planning and Community
Development. The City shall engage the
services of a qualified professional
archaeologist at the expense of the project
proponents, to perform a site reconnaissance
and to develop a precise mitigation program, if
necessary.
Traffic: The US 101/Perkins Street interchange— 6. Once a funding mechanism is identified and
currently operating at an unacceptable LOS implemented for improvements to the US-
101/Perkins Street interchange, future
development projects shall contribute their fair
share payments toward the signalization and
roadway improvements.
Checklist and Environmental Analysis
I. AESTHETICS �ess Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Would the project: Incorporated
a) Have a substantial adverse effect on a scenic � � � �
vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and ❑ ❑ ❑ �
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character � � � �
or quality of the site and its surroundings?
d) Create a new source of substantial light or glare � � � �
which would adversely affect day or nighttime
12
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
I. AESTHETICS �ess Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Would the projeCt: Incorporated
views in the area?
Setting: The City is situated within the Ukiah Valley and includes background views to wooded
or chaparral covered mountains. The project site is located in the immediate downtown area of
Ukiah. The downtown area includes historic buildings and tree-lined streets. Downtown Ukiah
also includes streets dominated by small scale commercial buildings with a pedestrian
orientation. According to the city's General Plan, "gateway" is a term used to describe the "first
impression" that a resident or visitor has of the Ukiah Valley. Per the City's General Plan, East
Perkins Street is one of six main gateways identified as a "second gateway level", which is the
entrance into the city itself.
The Downtown Code area has a City of Ukiah General Plan land use designation of C
(Commercial), and a zoning designation of C1 (Community Commercial), C2 (Heavy
Commercial), and CN (Neighborhood Commercial). The general character of the surrounding
area consists of a mix of land uses including commercial, heavy commercial, low to high density
residential, professional offices, medical, and public.
Potential Impacts: Although future development or redevelopment in the project area would
be visible, it would not interfere with a designated public scenic vista or view by diminishing the
extent to which it is visible from the public right-of-way or by interfering with public access to a
vantage point currently available to the public from which it may be appreciated. This conclusion
is based on the fact that the architectural standards and design guidelines contained in the
Code and developed with substantial citizen involvement would not permit large unpleasing
structures that would block views of the western hills or other prominent view sheds. Therefore,
the project would not adversely impact designated scenic vistas. Building heights are limited to
two-stories throughout a major portion of the project area due to airport regulations.
Additionally, the proposed new Downtown Zoning Code includes architectural design standards,
building siting, building height, landscaping, light/glare standards, and building form standards
that have undergone a lengthy and detailed public involvement process. These standards have
been found to be consistent with the goals and policies of the Ukiah General Plan, and with the
community's vision for the aesthetics for the Downtown and Perkins Street corridor. The project
will result in beneficial impacts to the aesthetics and scenic quality of the area.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
;.j - � �s�.�,�'�s �5,._ €. �, _. z'
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Existing East Perkins Street Corridor
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East Perkins Street Corridor after Implementation of the Code
Beneficial Aesthetic Impacts
It is concluded that the proposed project would not have significant adverse impacts on the
aesthetics or scenic qualities of the project site or surrounding area.
Mitigation Measures: None Needed.
Impact Significance After Mitigation: N/A
14
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
2. AGRICULTURE AND FORESTRY
RESOURCES
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Would the project: Incorporated
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the � � � �
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, or � � � �
a Williamson Act contract?
c) Conflict with existing zoning for agricultural use, or � � � �
a Williamson Act contract?
d) Result in the loss of forestry land or conversion of � � � �
forestry land to non-forest use?
e) involve other changes in the existing environment
which, due to their location or nature, could result � � � �
in conversion of farmland to non-agricultural use,
or conversion of forest land to non-forest use?
Setting: The project area is characterized by dense urban development. While orchards and
vineyards are located to the northeast and southeast across Highway 101, none exist within or
in close proximity to the project area.
Potential Impacts: Because no agricultural or forestry resources exist on or near the project
site, none would be affected if the existing dense urban environment were to be redevelopment
under the provisions of the proposed new downtown zoning code.
Mitigation Measures: None required.
Impact Significance After Mitigation: N/A
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air
pollution control district may be relied upon to make the following determinations.
Potentially Less Than Less Than
Significant Significant Significant No
Impact With Mitigation Impact Impact
Would the projeCt: Incorporated
a) Conflict with or obstruct implementation of the � � � �
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality ❑ ❑ ❑ �
violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality ❑ � ❑ ❑
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial � � � �
pollutant concentrations?
e) Create objectionable odors affecting a � � � �
substantial number of people?
Setting: The potential project area evaluated in this draft Initial Environmental Study is located
in the City of Ukiah, within Mendocino County, California, which is within the North Coast Air
Basin (NCAB). The NCAB also includes Del Norte, Humboldt, Trinity, Mendocino counties and a
part of the northern Sonoma County. The ambient concentrations of air pollutant emissions are
determined by the amount of emissions released by the sources of air pollutants and the
atmosphere's ability to transport and dilute such emissions. Natural factors that affect transport
and dilution include terrain, wind, atmospheric stability, and sunlight. Therefore, existing air
quality conditions in the area are determined by such natural factors as topography,
meteorology, and climate, in addition to the amount of emissions released by existing air
pollutant sources, as discussed separately below.
Topoqraphy
The Ukiah Valley is located in the south-central portion of Mendocino County. The Valley lies
within the coastal mountain range, approximately 30 miles east of the Pacific Ocean, at about
630 feet in elevation. The Valley lies at about 39 degrees north latitude and 123 degrees west
longitude. The Valley runs north-south for about 9 miles, with a maximum width of about 3
miles. The Russian River enters the Valley at the north end, and runs south along the Valley
floor.
16
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
Climate
The climate of the Mendocino County is considered Mediterranean and is transitional between
that of the coast and that of the interior of California. The climate is characterized by warm dry
summers and cool damp winters. During summer, high temperatures of 90 to 100 degrees
Fahrenheit (F) are common, while nighttime temperatures range in the 50s and 60s. High
temperatures in the 50s and 60s are common during wintertime. Freezing or near-freezing
temperatures are common on clear late fall and winter nights. Rainfall occurs mostly during the
winter, with an average of 38 inches. December and January are typically the wettest months
with an average of seven to eight inches falling during each of these months. Winds are
primarily from the northwest direction, especially during the summer. Winds can flow from the
south under certain synoptic weather conditions, such as when Pacific low pressure systems
affect Northern California, and during the warm weather spells where low-level cooler marine air
penetrates in the area through the Russian River Valley. For the most part, winds are light in the
Ukiah Valley, which calm wind conditions present up to 50 percent of the time. Most calm wind
conditions occur during late fall or early winter.
Meteoroloqy
The Ukiah Valley frequently experiences temperature inversions where warm air aloft traps cold
air near the surface. Two types of temperature inversions affect the region: elevated inversions
caused by subsidence (sinking air caused by strong high pressure systems) and/or marine air
penetration and ground-based inversions where nighttime cold air sinks into the Valley below
from surrounding ridges. Inversions limit vertical mixing creating a very stable layer of air near
the earth's surface. During late fall and winter, the ground-based inversions are usually present
on clear cold nights. In the morning, these ground-based inversions may be weakened and
eventually eliminated by solar heating; however, extreme inversions may last several days or
weeks. These stagnant periods allow locally produced air emissions to occasionally build up to
unhealthy levels.
Existing Air Quality:
Criteria Air Pollutants
Air pollution is a general term that refers to one or more chemical substances that degrade the
quality of the atmosphere. Individual air pollutants may adversely affect human or animal health,
reduce visibility, damage property, and reduce the productivity or vigor of crops and natural
vegetation. Seven air pollutants have been identified by the United States Environmental
Protection Agency (EPA) as being of concern nationwide: CO; 03; NO2; PM10; PM2.5; sulfur
dioxide (S02); and lead (Pb). These pollutants are collectively referred to as criteria pollutants.
The sources of these pollutants, their effects on human health and the nation's welfare, and
their final deposition in the atmosphere vary considerably.
Most criteria pollutants are directly emitted. 03, however, is a secondary pollutant that is formed
in the atmosphere by chemical reactions between NOX and VOCs, most commonly referred to
as reactive organic gases (ROG). According to the most recent emissions inventory data for
Mendocino County, mobile sources are the largest contributors of both ROG and NOX.
Criteria air pollutants are classified in each air basin, county, or in some cases, within a specific
urbanized area. The classification is determined by comparing actual monitoring data with state
17
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
and federal standards. If a pollutant concentration is lower than the standard, the area is
classified as attainment for that pollutant. If an area exceeds the standard, the area is classified
as nonattainment for that pollutant. If there is not enough data available to determine whether
the standard has been exceeded in an area, the area is designated unclassified.
Carbon Monoxide
Carbon monoxide (CO) is a product of incomplete combustion, principally from automobiles and
other mobile sources of pollution. CO emissions from wood-burning stoves and fireplaces can
be measurable contributors. The major immediate health effect of CO is that it competes with
oxygen in the blood stream and can cause death by asphyxiation. However, concentrations of
CO in urban environments are usually only a fraction of those levels where asphyxiation can
occur. Peak CO levels occur typically during winter months, due to a combination of stagnant
weather conditions and higher emission rates, such as ground-level radiation inversions.
Mendocino County is in attainment of the federal CO standard.
Ozone
Ozone (03) is the principal component of smog, and is formed in the atmosphere through a
series of reactions involving ROG and NOX in the presence of sunlight. ROG and NOX are
called precursors of 03. NOX includes various combinations of nitrogen and oxygen, including
NO, NO2, etc. 03 is a principal cause of lung and eye irritation in the urban environment.
Significant 03 concentrations are normally produced only in the summer, when atmospheric
inversions are greatest and temperatures are high. ROG and NOX emissions are critical in 03
formation. Control strategies for 03 have focused on reducing emissions from vehicles,
industrial processes using solvents and coatings, and consumer products.
Emissions of the ozone precursors ROG and NOX have decreased over the past several years
because of more stringent motor vehicle standards and cleaner burning fuels. During the last 20
years the maximum amount of ROG and NOX over an 8-hour period decreased by 17 percent.
The NCAB did not participate in the Early Action Compact (EAC) and is no longer subject to the
1-hour ozone standard, and is therefore subject to the new 8- hour ozone standard. Mendocino
County is currently in attainment of the federal 8-hour ozone standard.
Nitroqen Dioxide
Nitrogen dioxide (NO2) is a brownish, highly reactive gas that is present in all urban
environments. The major human-made sources of NO2 are combustion devices, such as
boilers, gas turbines, and mobile and stationary reciprocating internal combustion engines.
Combustion devices emit primarily nitric oxide (NO), which reacts through oxidation in the
atmosphere to form NO2. The combined emissions of NO and NO2 are referred to as NOX and
are reported as equivalent NO2. Because NO2 is formed and depleted by reactions associated
with photochemical smog (ozone), the NO2 concentration in a particular geographical area may
not be representative of the local sources of NOX emissions (EPA, 2011). There are currently
no attainment designations for the federal nitrogen dioxide standard.
Respirable Particulate Matter (PM10)
PM includes both liquid and solid particles of a wide range of sizes and composition. While
some PM10 comes from automobile exhaust, the principal source in Mendocino County is dust
18
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
from construction, and from the action of vehicle wheels on paved and unpaved roads. In other
areas, agriculture, wind-blown sand, and fireplaces can be important sources. PM10 can cause
increased respiratory disease, lung damage, and premature death. Control of PM10 is through
the control of dust at construction-sites, the cleaning of paved roads, and the wetting or paving
of frequently used unpaved roads. Mendocino County is in attainment of the federal PM10
standards.
Fine Particulate Matter
Fine particulate matter (PM2.5) includes a subgroup of smaller particles that have an
aerodynamic diameter of 2.5 micrometers or less. PM2.5 emissions have remained relatively
steady over the last 20 years and are projected to increase slightly through 2020. Emissions of
PM2.5 are generally dominated by the same sources as emissions of PM10 (ARB, 2009).
Mendocino County is in attainment of the federal PM2.5 standards.
Sulfur Dioxide
Sulfur dioxide (S02) is produced when sulfur-containing fuel is burned. Health and welfare
impacts attributed to S02 are due to the highly irritant effects of sulfate aerosols, such as
sulfuric acid, which is produced from S02.
Natural gas contains trace amounts of sulfur, while fuel oils contain larger amounts. S02 can
increase the occurrence of lung disease and cause breathing problems for asthmatics. It reacts
in the atmosphere to form acid rain, which is destructive to lakes, streams, vegetation, and
crops, as well as to buildings, materials, and works of art. All areas in the state are considered
either attainment or unclassified for sulfur dioxide. Mendocino County is in attainment of the
federal S02 standard.
Lead Pb
Lead is a stable compound, which persists and accumulates both in the environment and in
animals. The lead used in gasoline anti-knock additives represented a major source of lead
emissions to the atmosphere. However, lead emissions have significantly decreased due to the
near elimination of the use of leaded gasoline.
Monitoring Station Data and Attainment Area Designations Concentrations of emissions from
criteria air pollutants are used to indicate the quality of the ambient air. The air quality within
Mendocino County is generally good. The MCAQMD is designated at attainment for all state
and federal ambient air quality standards with the exception of the state standard for PM10.
Sampling for PM10 is conducted every six days. In 1999, there were two exceedances of the
PM10 standard in Ukiah. These exceedances were thought to be caused by severe smoke
inundations due to wildfires north and east of Mendocino County.
The MCAQMD maintains a network of five air quality monitoring stations within its jurisdiction.
The two nearest air monitoring stations to the potential project sites are maintained in the city of
Ukiah at 306 East Gobbi Street and the county library (105 N. Main Street). These air
monitoring stations monitor ozone (03), nitrogen oxides (NOX), carbon monoxide (CO),
particulate matter less than 10 microns (PM10), and particulate matter less than 2.5 microns
(PM2.5). The Table below summarizes the air quality data from 2008-2010:
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
zao8 zoog aoio
8-haur O��NE{4j}i
Maximurn�oncentration (1-hrf8-hravg,pprn} 0_D90f0.O12 U.094f0_U63 0_097fU_D51
Nurnber af days state standard ex�eeded (1-hr/S-hr� Of1 0/0 1/0
Nurnber af days natianal standard exreeded{S-hr} Nat appli�able/0 Not appli�ableJ4 Not appli�ablef0
Nitrogen Oioxide�NOI�1
Ma�€imurn�ancentration (ppm� 0.110 0_D94 *
Nurnber af days state standard ex�eeded 0 0 0
Nurnber af days national standard exreeded Not appli�able Not applicable Not appli�able
CAfkBON M�N�}{IDE[CO]1
Mas€imurn�ancentration (ppm� 3_38 * *
Nurnber af days state standard ex�eeded 0 0 0
Nurnber of deys national standard exreeded 0 0 0
FINE PARTICUL4TE MATTER{PM���
Ma�€imurn�ancentration (µgfrn3} 31_6 25.9 22_0
Nurnber of days state standard ex�eeded Not appli�able Not applicable Not appli�able
Nurnber af days national standard exreeded Not appli�able Not applicable Not appli�able
RESPIftABLE PARTICULATE FAATTEft�PM���
Maximurn�oncentration (µgfrn�} 222_3 * *
Nurnber af days state standard ex�eeded Not appli�able Not applicable Not appli�able
Nurnber af days natianal standard exreeded Not appli�able Not applicable Not appli�able
N otes:µg/rn;=rn icrogra rns per au bK meter,PPm=Parts per mil lion
' Measurements from the Ukiah—East Go bbi Street statian�Sau rce: AR B,2011c}_
� Measurements from the Ukiah—C�ounty Library(iDi N.Main Sireet�.
' There was insufficient data to deterrnine the va I ue.
Source: Draft EIR-New Ukiah Courthouse,October,2012
Toxic Air Contaminants
In addition to the criteria air pollutants, another group of airborne substances called TACs are
known to be highly hazardous to health, even in small quantities. TACs are airborne substances
capable of causing short-term (acute) and/or long-term (chronic or carcinogenic) adverse
human health effects (injury or illness). TACs are classified as non-criteria pollutants, because
no air quality standards have been established for them. The effects of these substances are
very diverse and their health impacts tend to be local rather than regional.
TACs can be emitted from a variety of common sources, including gasoline stations,
automobiles, dry cleaners, industrial operations, and painting operations. Natural source
emissions include windblown dust and wildfires. Farms, construction-sites, and residential areas
can also contribute to toxic air emissions. The State ARB has also identified diesel particulate
matter (DPM) as a TAC. The ARB has determined that any source that poses a risk to the
general population that is equal to or greater than 10 people out of 1 million contracting cancer
as excessive. When estimating this risk, it is assumed that an individual is exposed to the
maximum concentration of any given TAC continuously for 70 years. The ARB has conducted
studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant
20
INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
levels. According to the map prepared by ARB showing the estimated inhalation cancer risk for
TACs in the State of California (State), the proposed project site is located in an area with an
existing estimated risk that is less than 50 cancer cases per one million people. This represents
the lifetime risk that between 0 and 50 people in one million may contract cancer from inhalation
of toxic compounds at current (2010) ambient concentrations. While TACs are produced by
many different sources, the largest contributor to inhalation cancer risk in California is DPM.
Emission Sources and Concentrations
MCAQMD has identified several types of emission sources, which need to be considered when
evaluating the impacts of a project under CEQA. For many development projects, motor vehicle
trips are the principal source of air pollution; projects in this category, such as shopping centers,
office buildings, arenas, and residential developments, are often referred to as indirect sources.
Such sources do not directly emit significant amounts of air pollutants from on-site activities but
cause emissions from motor vehicles traveling to and from the development over its planning
lifetime. Most development projects also generate what are known as area source emissions.
Area source emissions are relatively small quantities of air pollutants when considered
individually, but cumulatively may represent significant emissions. Water heaters, fireplaces,
lawn maintenance equipment, and application of paints and lacquers are examples of area
source emissions.
Certain projects may directly generate stationary or point source emissions from operations.
Examples of facilities with point sources include manufacturing plants, quarries, and print shops.
Project-related demolition and construction emission impacts are also a significant contributor to
regional air pollution. On- and off-road construction vehicles, along with on-site portable
equipment (such as generators and air compressors) generate exhaust emissions. Construction
vehicles and equipment operation can also cause unacceptable levels of entrained dust (PM10).
Even though they are temporary, in some cases construction emissions may be quantitatively
greater on a daily basis than emissions from the operation of the development once it is built.
Sensitive Receptors
The location of a development project is a major factor in determining whether it will result in
localized air quality impacts. The potential for adverse air quality impacts increases as the
distance between the source of emissions and members of the public decreases. Impacts on
sensitive receptors are of particular concern. Sensitive receptors are facilities that house or
attract children, the elderly, and people with illnesses, or others who are especially sensitive to
the effects of air pollutants. Hospitals, schools, convalescent facilities, and residential areas are
examples of sensitive receptors. Residential uses are considered sensitive because people in
residential areas are often at home for extended periods of time, so they can be exposed to
pollutants for extended periods. Recreational areas are considered moderately sensitive to poor
air quality because vigorous exercise associated with recreation places a high demand on the
human respiratory function.
The project area contains dense urban uses (e.g., office, retail, commercial, and residential
uses). Existing noise and vibration-sensitive land uses in the project vicinity primarily include
offsite low-density residences, the Ukiah Valley Medical Center, and the Hudson-Carpenter
Park. Air quality problems arise when sources of air pollutants and sensitive receptors are
located near one another.
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INITIAL ENVIRONMENTAL STUDY
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The ARB notes that a sensitive receptor in close proximity to a congested intersection or
roadway with high levels of emissions from motor vehicles, with high concentrations of CO, fine
PM, or TACs, is a common concern. A sensitive receptor close to a source of high levels of
nuisance dust emissions is also a concern.
Potential Impacts: Major objectives of the proposed Downtown Zoning Code include
encouraging the development of a healthy, safe, diverse, compact and walkable urban
community, mixed land uses, improved pedestrian facilities, additional bike lanes/routes, and
other measures that will reduce the dependency on the automobile. These measures will
reduce the local production of criteria air pollutants that would result from implementation of the
current code which does not discourage use of the automobile.
The proposed new Code does not increase the density or intensity of the land uses contained in
the current regulations — it focuses on site planning and building form and architecture.
Therefore there would not be an increase in air pollutants from construction activities or due to
an increase in residential densities and automobile use from what is currently permitted and
designated in the Ukiah General Plan.
However, the production of non-attainment PM-10 resulting from short-term construction
activities is regarded as a potentially significant impact. While large scale grading operations
are subject to the review authority of the Mendocino County Air Quality Management District,
who would impose routine mitigation/conditions to reduce the production of PM-10, smaller
construction projects may not be. These smaller projects would contribute to an already
significant (non-attainment) adverse condition, and therefore mitigation is warranted.
Additionally, any specific future development would be subject to the requirements of the
California Environmental Quality Act, and an Initial Environmental Study would be required to
determine if future development would result in contributions to CO, 03, NO2, sulfur dioxide
(S02); and lead (Pb). At this time, it is premature and would be speculative and unreasonable
to assume what type, size, scale, and intensity of development would be proposed in the future,
and whether or not criteria air pollutants would be produced.
Mitigation Measures: The following mitigation measures are recommended to reduce the
production of particulate matter resulting from short-term construction activities:
1. Prior to any future site disturbance, grading or excavation of soil, the project proponents
shall submit an application to the Mendocino County Air Quality Management District to
determine if a permit is required.
2. The project contractors/applicants for future projects that involve grading and the
disturbance of soil shall prepare dust control plans. The project contractors shall be
responsible for ensuring that all adequate dust control measures are implemented in a
timely manor during all phases of the project. The dust control plans shall include, at
minimum, the following measures:
g. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior
to any land clearing or earth movement to minimize dust emissions.
h. All material excavated, stockpiles, or graded shall be sufficiently watered to prevent
fugitive dust from leaving the site or causing a public nuisance. Watering should
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INITIAL ENVIRONMENTAL STUDY
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occur at least twice daily, however frequency of watering shall be based on the type
of operation, soil, and wind exposure.
i. All on-site vehicle speed shall be limited to 15 miles per hour (mph) on unpaved
roads.
j. All land clearing, grading, earth moving, and/or excavation activities shall be
suspended as necessary, based on site conditions, to prevent excessive windblown
dust when winds are expected to exceed 20 mph.
k. All inactive portions of the disturbed site, including soil stockpiles, shall be covered or
routinely watered to control dust emissions.
I. Paved areas adjacent to the site shall be routinely swept or washed as required to
remove excess accumulations of silt and/or mud, which may have resulted from
grading and excavation at the project site.
Impact Significance After Mitigation: N/A
(Sources of Information for this Section: Final EIR— New Ukiah Courthouse Prolect,judicial Council of
California, Administrative Office of the Courts, April, 2012)and Initial Environmental Studv/Mitiqated
Neqative Declaration: Railroad Depot Site Land Acquisition and Sale/Soil Contamination Remediation,
City of Ukiah Department of Planning and Community Development, July, 2011.
4. BIOLOGICAL RESOURCES Potentially �ess Than �ess Than
Significant Significant Significant No
Would the PO�@Ct: Impact With Mitigation Impact Impact
p 1 Incorporated
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status � � � �
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, or ❑ � ❑ ❑
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, � � � �
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
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4. BIOLOGICAL RESOURCES Potentially �ess Than �ess Than
Significant Significant Significant NO
Im act With Mitigation Im act Impact
Would the project: p Incorporated p
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory ❑ ❑ ❑ �
wildlife corridors, or impede the use of native wildlife
nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree ❑ ❑ ❑ �
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community � � � �
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Regional Setting: Ukiah is located within the Russian River Valley in southern Mendocino
County, California, north of the greater San Francisco Bay Area and west of the Central Valley.
The Russian River Valley lies within the northern portion of the Coast Ranges province of
California. The northern Coast Ranges trend northwestward, parallel to the major structural
features of the region. The mountain range that lies west of the Russian River Valley and
extends to the coast is commonly called the Mendocino Range and ranges in elevation between
1,400 and 3,000 feet. The highlands located east of the Russian River in the vicinity of Ukiah
are known as the Mayacamas Mountains and range in elevation between 3,000 and 4,000 feet
above mean sea level (amsl).
The Ukiah Valley is a subarea of the Russian River Valley. The Ukiah Valley is approximately
22 miles long, averages approximately three miles wide, and occupies an area approximately
65 square miles in size. The altitude of the valley floor ranges from approximately 500 feet at
the southern end to approximately 700 feet in the northern end. The valley floor at Ukiah is
approximately 600 feet above sea level.
The City of Ukiah is located along the Highway 101 corridor, approximately five miles south of
California Highway 20. The city lies along the flatter portions of the valley floor, with the
mountains adjacent to the west and east generally defining the Valley within the corridor. To the
north are the communities of the Forks andCalpella; to the east are Vichy Springs and Regina
Heights; to the southeast is Talmage and to the south is EI Roble; and, to the west and
northwest are Old Bailey Place and Orrs Springs, respectively. The Montgomery Woods State
Reserve is located to the northwest of the city, and Lake Mendocino is located approximately
two miles to the northeast.
The City of Ukiah offers a Mediterranean climate with an average annual rainfall of
approximately 35 inches. The average high temperature is 73.5 degrees Fahrenheit (°F), and
the average low temperature is 44.6 °F.
Local Setting: The project area is located in an older, urbanized area of the city that has been
developed with a variety of different land uses. The immediate downtown Ukiah area supports
commercial, residential, civic, and recreational uses, along with visible infrastructure features
such as roadways, utilities, and street trees.
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INITIAL ENVIRONMENTAL STUDY
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Gibson Creek flows through a portion of the site from the northwest to the southeast. Gibson
Creek begins in the mountain ranges west of the city of Ukiah and flows through the city into the
Russian River. As the city has developed over time, different strategies and techniques have
been employed to control the Creek. In some areas, the Creek has been allowed to follow its
natural route, while in other areas the Creek is contained by culverts, retaining walls, and
earthen berms. The Creek has further been straightened and rerouted to accommodate
agricultural uses and urban development. As a result, the current condition of the Creek varies
along its length.
' i
.y
L_f+� .�
1
� •.*
An Upper Stretch of Gibson Creek
The valley foothill riparian type habitat along Gibson Creek is utilized by a variety of wildlife.
Numerous bird species, raccoons, and ringtails utilize streamside vegetation as nesting habitat.
Riparian habitats act as dispersal corridors for amphibians, turtles, and some mammals.
Riparian vegetation provides shade for streams, thereby lowering water temperatures and
benefiting salmonids which prefer streams with cool, well-oxygenated water. Streamside
vegetation also introduces coarse woody debris into streams, which provides shelter for fish and
amphibians. Additionally, leaves and branches are broken down by many invertebrate species
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INITIAL ENVIRONMENTAL STUDY
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and are subsequently consumed by fish or amphibians. This habitat holds a very high value for
fish and wildlife species.
Historically, it is assumed that the on-site stream banks would have historically supported a
moderately developed riparian community, similar to that visible along undisturbed stream
segments both upstream and downstream of the project area. Generally, riparian vegetation
along the project area segment has been degraded over the years as the City urbanized.
However, riparian vegetation was planted along the banks of the railroad depot site segment of
Gibson Creek by the Mendocino Fisheries Program in 2003. As a result, willows and other
native plant species are visibly established along the banks, along with Himalayan blackberry
and grasses. A variety of migratory bird species utilize this riparian vegetation as nesting
habitat.
Potential Impacts on Riparian Habitat or Other Sensitive Biological Natural Community:
The Downtown Zoning Code area is located in the immediate downtown area of Ukiah. Gibson
Creek flows through a portion of the area, which is largely developed and supports mostly non-
native vegetation; however, the area does support some Valley Foothill Riparian Forest which is
considered to have a high habitat value for fish and wildlife species. The banks along the
railroad depot site segment of Gibson Creek in the project area historically would have
supported a moderately developed riparian community. Riparian vegetation along a portion of
this segment was recently replanted and established willows and other native species are
visible along the banks, which may provide nesting habitat for a variety of migratory bird
species. No special-status plant species were identified in the Final EIR for the Courthouse
relocation project.
Implementation of the new zoning standards would result in the same potential density and
intensity as the current zoning regulations. However, the proposed regulations would result in
development sited and laid-out in a different way than the current regulations require. While the
project area is highly urbanized and the proposed new Code envisions the revitalization of the
creek through most of its course through the planning area, if future development is not sited
with adequate setbacks from the riparian corridor of Gibson Creek, adverse impacts could result
to biological communities. Additionally, while future development in the study area would be
subject to environmental review and CEQA compliance to determine, based on the type, size
and intensity of individual projects whether or not they would have a significant adverse impact
on biological resources, guiding general mitigation measures are warranted.
Mitigation Measures:
3. Future development projects in the planning area shall maintain a 50-foot building
setback from the edge of the Gibson Creek riparian corridor, unless a shorter distance is
supported by the State Department of Fish and Game.
4. Future construction activities shall not cut, disturb, or remove native riparian plants or
trees along the Gibson Creek riparian corridor unless supported by the State
Department of Fish and Game.
Impact Significance After Mitigation: N/A
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
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5. CULTURAL RESOURCES �ess Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Would the projeCt: Incorporated
a) Cause a substantial adverse change in the
significance of a historical resource as defined in ❑ � ❑ ❑
15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant ❑ � ❑ ❑
to 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic ❑ � ❑ ❑
feature?
d) Disturb any human remains, including those � � � �
interred outside of formal cemeteries?
Prehistoric Setting: Archaeologically, the Ukiah Valley lies within the Russian River Valley
sub-region of the North Coast Ranges. The City of Ukiah and the surrounding area have had a
long cultural history and are known to have been occupied by Native American groups for
thousands of years prior to settlement by non-Native peoples. Recent work in Northern
California at Clear Lake near Borax Lake indicates that the region was initially colonized at the
end of the Pleistocene and associated with the "Western Clovis Tradition," dating around 13,500
years ago. Obsidian data in that area indicates use may have begun as early as 16,000-20,000
years ago, although such findings have not been absolutely confirmed. The Russian River
Valley is thought to have been first occupied sometime during the Paleo Indian period (10,000 —
6,000 B.C.) by speakers of the Yukian languages. Cultural constituents of the Yukian habitation
include widestem points and share common elements with Borax Lake Pattern assemblages.
Hokan speakers are believed to have come into the Clear Lake area, radiating out to the
surrounding Russian River Valley, by the Middle Archaic (circa 3,000 B.C.). Cultural
constituents of Hokan occupation are characterized by Mendocino Aspect assemblages marked
by milling slabs and hand stones, as well as by nonfluted, concave base, and lanceolate
projectile points, although it is suggested that the Mendocino Aspect is a localized manifestation
of the Borax Lake Pattern.
Ethnoqraphic Context: At the time of European-American contact, the project area was
occupied by both the Northern and Central Pomo, both considered to be speakers of the Hokan
language family. The Northern and Central Pomo were the groups that occupied the Ukiah
Valley at the time of European-American contact, Ukiah being an Anglicized version of the
Pomo word ."Yokaya," meaning "south valley."
Many families would aggregate into small groups variously referred to as tribes, villages, village-
communities, or tribelets. Each group was autonomous and owned a tract of land that was
recognized by neighboring communities. The extent and nature of these land claims was based
on both the surrounding terrain and ecology, determined by the need to assure access to an
adequate food supply for each group. The differences in carrying capacity of different
environments and regions led to differential spacing between villages. The Northern Pomo
inhabited the California coast from the Navarro River north to Fort Bragg and inland in an
irregular pattern from Horse Mountain, south to the northwestern shore of Clear Lake, and east
27
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into the Ukiah Valley. The Central Pomo inhabited the California coast from the Navarro River
south to the Gualala River and inland to the Russian River and Ukiah Valley. Central Pomo has
generally been subdivided into three dialects: Boya—being a primarily coastal dialect, and
Yokaya and Shanel - being interior dialects. Both the Northern and Central Pomo had a
seasonal pattern of exploiting coastal and estuary resources during the summer months,
subsisting primarily on shellfish, surf fish, and sea vegetables, some of which were preserved
for winter consumption. During the fall and winter months they would move inland and rely on
faunal resources such as deer and elk. Primary interior floral resources were acorns, buckeye,
and other nuts as well as various berries, seeds, and roots.
Historic Setting: Rancho Yokaya was one of several Spanish land grants. It was 35,541 acres
and extended through the Ukiah Valley, being approximately one mile east/west and 18 miles
north/south. The Yokaya land grant was made to Cayetano Juarez in 1845 by the then
California governor, Pio Pio. Juarez filed his petition as claimant to the grant in 1852, after the
land had been accessioned into the United States. His petition was rejected in 1854 and then
appealed to the District Court of the United States. Settlers began arriving in the area in the
1850s in spite of the pending appeal. The grant was finally patented to Juarez by the United
States Land Commission in 1866.
In 1850, by an act of the California Legislature, present-day Mendocino County became part of
Sonoma County. Ukiah was founded in 1856 by Samuel Lowry. He was Ukiah's first settler and
built a log cabin at the southwest corner of E. Perkins Street and N. Main Street. Lowry sold the
cabin to A. T. Perkins in 1857. Perkins moved his family to the Ukiah homestead from
Wheatland, California. Perkins soon established a store, and a settlement began to grow. The
state legislature formed Mendocino County in 1859 and Ukiah was chosen for the county seat at
that time. Ukiah has remained the county seat of Mendocino County ever since.
In 1860, for a cost of $9,000, the first courthouse was constructed in Ukiah at 100 North State
Street where the current courthouse annex still stands. That year also witnessed the
establishment of Ukiah's first newspaper, the Mendocino Herald. One of the earliest known
roads in Mendocino County was constructed in order to promote efficient travel between Ukiah
and the San Francisco Bay Area. A stage line between Petaluma and San Francisco was in
operation by 1863. By 1880, this trip could be made in a single day. The road followed the
present route of California State Highway 101. The Gschwend Toll Road from Boonville to
Ukiah was established in 1868. In 1869, the road was extended west from Boonville to Point
Arena, thereby connecting Ukiah and Anderson Valley to
the Mendocino coast. A stage began running tri-weekly between Lakeport and Ukiah in the
1870s. H. W. Knowles, followed by James H. Burke, planted the first hops in Mendocino County
in 1859. By the 1880s, hops were an important contribution to the local economy. In 1940,
Mendocino County produced 18 percent (1.6 million pounds) of California's total hop production.
In 1950, Mendocino County's 1,200 acres of hops produced almost one million dollars in
revenue. By the 1960s, the bottom had fallen out of the market and agricultural production then
shifted to grapes, pears, and prunes.
The Cloverdale and Ukiah Railroad was incorporated in 1886 to extend the San Francisco and
Northern Pacific Railroad north to Ukiah. Service to Ukiah commenced in 1889. The completion
of rail service to Ukiah caused land prices to soar. The price of a city lot rose from $30 to $150.
Drug stores, saloons, doctor's and law offices, and livery and feed stables were established
around the courthouse to support the burgeoning population, which reached 2,000 soon after
the completion of the railroad. The San Francisco and Northern Pacific Railroad merged with
28
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
the Northwestern Pacific Railroad in 1907. The Ukiah Depot was designed by Southern Pacific,
but built by the Northwestern Pacific Railroad in 1929. Redwood lumbering became an
important economic activity in Mendocino County in the 1940s. The Lumber Rush of 1949 saw
Ukiah's population grow to 6,000.
:�.;� : .�.
..:�_�.. ..7��ki.�. �,.�.
i -�?3=.z i.
� iFti.Y[
. I - �f rGt A v�c.*' .
�e r RS' 1[ a �:� — `��F''1
. �.c�'�+ Y r�� �E-�� -
; -
....----� ...__.... -
.:;�... ----- -
-- ��`.�
The Historic Ukiah Train Depot
Architectural and Historical Inventorv/Survev Report Update, 1999: The City of Ukiah updated
its Architectural and Historic Resources Inventory Report in 1999. There are a number of
identified significant historic buildings in the Downtown Zoning Code area.
Potential Impacts: It is not anticipated that the proposed new zoning regulations would cause
a substantial adverse change in archaeological or historical resources in the project area
because the code requires the scale and general character of future development be based on
the best elements of City's heritage, such as shady downtown streets, diverse architecture,
mixed-use shopfront buildings, and the architecture of historic buildings.
Additionally, the Code contains historical building standards intended to ensure that any
buildings over 50-years old that are proposed for modification will retain their historic charm and
elegance.
Additionally, the current City Code requirements for demolishing a historic building (over 50
years old)would remain unchanged and would apply to any such proposal in the project area.
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
The project area contains no known paleontological or cultural resource sites. No human
remains are likely to be encountered, as the project area has not been known to be used as a
burial ground. This conclusion is based on the Figure V.3-DD contained in the Ukiah General
Plan, which does not show the project area to be an area of high sensitivity for
archaeological/cultural resources. Furthermore, the majority of the project area has been
previously disturbed and no known cultural resources have been discovered. However, Gibson
Creek does flow through a portion of the site and numerous archaeological surveys in the Ukiah
Valley have discovered prehistoric artifacts along areas adjacent to creeks. Accordingly, a
guiding mitigation measure for future development to protect prehistoric or historic resources in
the event of a discovery is appropriate.
5. If, during site grubbing, grading, soil excavation or any aspect of future project
development project, any pre-historic, historic, or significant cultural resources are
discovered, all work shall be halted and the contractor/project proponent shall
immediately contact the City of Ukiah Director of Planning and Community Development.
The City shall engage the services of a qualified professional archaeologist at the
expense of the project proponents, to perform a site reconnaissance and to develop a
precise mitigation program, if necessary.
Mitigation Measures: None Required
Impact Significance After Mitigation: N/A
(Primary Source of Information for this Section: Final EIR— New Ukiah Courthouse Project,judicial
Council of California, Administrative Office of the Courts, April, 2012).
6. GEOLOGY AND SOILS �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or ❑ ❑ ❑ �
death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other ❑ ❑ ❑ �
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? ❑ ❑ ❑ �
iii) Seismic-related ground failure, including � � � �
liquefaction?
iv) �andslides? ❑ ❑ ❑ �
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
6. GEOLOGY AND SOILS �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
b) Result in substantial soil erosion or the loss of � � � �
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on- or ❑ ❑ ❑ �
off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ �
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater � � � �
disposal systems where sewers are not available
for the disposal of wastewater?
Setting: The City of Ukiah is located within the Russian River Valley, which is within the
northern portion of the Coast Ranges of California, which trend to the northwest. The mountain
range that lies west of the Russian River Valley and extends to the Pacific Coast is commonly
called the Mendocino Range.
The Ukiah Valley is a subarea of the Russian River Valley. The Ukiah Valley is approximately
22 miles long, averages 3 miles wide, and occupies an area approximately 65 square miles.
The altitude of the valley floor ranges from approximately 500 feet at the southern end to
approximately 700 feet in the northern end. The valley floor at the City of Ukiah is
approximately 600 feet above sea level.
The primary soil stratigraphy in the Downtown Zoning Code area consists of various fill
materials, silt, clay, sand, and silt/sand mixtures. Groundwater is typically encountered in two
distinct zones, the upper silty sand (approximately 2 to 7 feet) and the lower silt/sand mixture
(29 to 30 feet). Groundwater in these zones appear to be under confined conditions due to the
overlying low-permeability clay units. Satic water levels in the upper zone generally range from
approximately 5 to 13 feet; however, at the central ,portion of the site static water can be as high
as 0.1 feet. Static water levels in the lower zone generally range from 21 to 30 feet. Due to the
confining conditions of the subsurface lithology, it has been estimated that static groundwater
levels are likely to have significant seasonal variations.
Potential Impacts: The adoption of new zoning regulations would not, in and of themselves,
cause impacts on the geology and soil conditions in the area. Additionally, the new zoning
regulations would not permit or allow a denser or more intense development that the current
regulations allow — they would merely require new development to be sited and designed
differently. Development has occurred in the project area without noticeable geology/soils
impacts. The new Code would not alter hos development occurs in terms of addressing
geology and soils. The California Building Code requires soils/geotechnical reports for
construction projects.
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INITIAL ENVIRONMENTAL STUDY
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Future development projects will require Geotechnical and Soils Reports that will include
recommendations based on the individual proposed projects and the soils and geologic
conditions on each site. These recommendations will be imposed on future development
projects during standard environmental review procedures and through the Building Permit
review process.
Accordingly, Staff is able to conclude that the proposed project would not result in significant
adverse impacts on the geology and soils in the area.
Mitigation Measures: None required.
Impact Significance After Mitigation: N/A
(Primary Source of Information for this Section: Final EIR— New Ukiah Courthouse Proiect,judicial
Council of California, Administrative Office of the Courts, April, 2012).
HAZARDS 8� HAZARDOUS MATERIALS �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Would the project: impact Incorporated Impact
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 o o ❑ �
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?
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INITIAL ENVIRONMENTAL STUDY
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HAZARDS & HAZARDOUS MATERIALS �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
g) Impair implementation of or physically interfere with
an adopted emergency response plan or ❑ ❑ ❑ �
emergency evacuation plan?
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?
Setting: 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.
Under Title 22 of the California Code of Regulations (CCR), a hazardous material is defined as
a substance or combination of substances that may cause or significantly contribute to an
increase in mortality or an increase in serious, irreversible, or incapacitating illness, or may pose
a substantial present or potential hazard to human health or environment when improperly
treated, stored, transported, disposed of, or otherwise managed (CCR, Title 22, Chapter 11,
Article 2, Section 66261.10). Hazardous wastes are hazardous substances that no longer have
practical use, such as materials that have been discarded, discharged, spilled, or contaminated
or are being stored until they can be properly disposed. According to Title 22 of the CCR,
hazardous materials and hazardous wastes are classified according to four properties: toxic,
ignitable, corrosive, and reactive (CCR, Title 22, Chapter 11, Article 3), which are further defined
below.
• Toxic substances may cause short-term or long-lasting health effects, ranging from
temporary effects to permanent disability or death. Toxic substances can cause eye or
skin irritation, disorientation, headache, nausea, allergic reactions, acute poisoning,
chronic illness, and other adverse health effects, depending on the level of exposure.
Carcinogens (substances known to cause cancer) are a special class of toxic
substances. Examples of toxic substances include most heavy metals, pesticides, and
benzene (a carcinogenic component of gasoline).
• Ignitable substances, such as gasoline, hexane, and natural gas, are hazardous
because of their flammable properties.
• Corrosive substances, such as sulfuric acid (battery acid) and lye, can damage other
materials or cause severe burns upon contact.
• Reactive substances, such as explosives, pressurized canisters, and pure sodium metal
(which reacts violently when exposed to water), may cause explosions or generate
gases or fumes.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
• Soil that is excavated from a site containing hazardous materials is a hazardous waste if
it exceeds specific CCR Title 22 criteria. Remediation (cleanup) of hazardous wastes
found at a project site is generally required if those materials are excavated. Cleanup
requirements are determined on a case-by-case basis by the agency with lead
jurisdiction over the project.
Hazardous Land Use Conditions in the Proiect Area
Airport: According to the Ukiah Regional Airport Master Plan and Mendocino County Airports
Comprehensive Land Use Plan (MCCLUP), the site is located within the B2 Infill Compatibility
Zone, as the Ukiah Municipal Airport is located less than two miles south of the site. According
to the 2002 California Airport Land Use Planning Handbook, a portion of the project area lies
within Handbook Safety Compatibility Zone 4, the Outer Approach/Departure Zone and Zone 6,
the Traffic Pattern Zone. Zone 4 compatibility guidelines recommend that non-residential uses
having higher usage intensities (such as major shopping centers, meeting halls, and buildings
with more than three above-ground habitable floors) should be avoided. The Handbook defines
the term "Avoid" as "use generally should not be permitted unless no feasible alternative is
available." Zone 6 is identified as having a "generally low likelihood of accident occurrence" and
includes "all other portions of regular traffic patterns and pattern entry routes." Residential and
most non-residential uses are allowed; however, the Handbook recommends that such uses as
day care centers, schools, and nursing homes be avoided.
Railroad Depot Site: The railroad depot property subject property has known contamination
from historic railroad and industrial activities. Site investigation performed by potential buyers
Weston Solutions, Inc., a company specializing in brownfield clean-up and development,
indicated that results of soil sampling, groundwater sampling and soil-vapor sampling indicate
the primary impacts at the site above potential levels of concern are limited to petroleum
hydrocarbons (diesel and motor oil) and/or PAHs (primarily benzopyrene) in shallow soil
(Remedial Action Plan, Weston Solutions, Inc. May, 2011). The Remedial Action Plan for the
site indicated that since the impact from these compounds is limited to a fairly small volume in
shallow soil, excavation and disposal of soil at an appropriate off-site facility is the most effective
means of remediation. The Plan identified 10 small separate areas for soil removal, and that an
approximate 650 to 1,150 cubic yards of soil would be removed from a total area of less than '/2
acre.
The Remedial Action Plan includes an Implementation Work Plan for soil management, traffic
control, waste management and decontamination. The Remedial Action Plan has been
reviewed and approved by the North Coast Regional Water Quality Board.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
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Railroad Depot Property Soil Remediation-Sampling Locations
Potential Impacts: The adoption of new zoning regulations would not, in and of itself, disturb
any site or disrupt any soil, and therefore would not directly expose people to hazardous
material. However, if contaminated sites are not cleaned-up prior to future development
activities, people occupying buildings could be exposed to hazardous vapors and soil material. It
is reasonable to assume that no development would occur prior to clean-up of the site because
the property is identified by the State Regional Water Quality Control Board as a site with
contamination issues (Site ID No. 1 NMC397) and approval to development the site would be
predicated on successful remediation of the contamination and a declaration of site closure by
the Regional Board.
Additionally, any future development would be subject to the requirements of the California
Environmental Quality Act, and an Initial Environmental Study would be required to determine if
future development would expose people to hazardous substances. At this time, it is premature
and would be speculative and unreasonable to assume what size, scale, and intensity of
development would possible be proposed in the future.
The proposed Downtown Zoning Code includes provisions requiring future development to be
consistent with the standards for development in the Ukiah Airport Master Plan and Mendocino
County CLUP regulations, including appropriate land uses, building heights, number of building
stories, etc.
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
Staff is able to conclude that the adoption of new zoning regulations would not create hazards
or produce hazardous substances, nor would it expose people to hazardous conditions. No
impacts.
Mitigation Measures: None Required
Impact Significance After Mitigation: N/A
(Primary Source of Information for this Section: Final EIR— New Ukiah Courthouse Project, Judicial
Council of California, Administrative Office of the Courts, April, 2012), Ukiah Reqional Airport Master Plan,
Remedial Action Plan: Former Rail Yard, Ukiah, CA., Weston Solutions, June 2011 and Draft Technical
Memorandum of Floodplain Analvsis and Recommendations—Railroad Depot Site, Citv of Ukiah, Weston
Solutions, April 25, 2011.
8. HYDROLOGY AND WATER QUALITY �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Would the project: impact Incorporated Impact
a) Violate any water quality standards or waste � � � �
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater � � � �
table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would
not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner which ❑ ❑ ❑ �
would result in substantial erosion or siltation on-
or off-site?
d) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantially ❑ ❑ ❑ �
increase the rate or amount of surface runoff in a
manner which would result in flooding on- or
off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned � � � �
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality? ❑ ❑ ❑ �
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
8. HYDROLOGY AND WATER QUALITY �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
g) Place housing within a 100-year flood hazard area
as mapped on a federal Flood Hazard Boundary � � � �
or Flood Insurance Rate Map or other flood
hazard delineation map? (Source: FEMA)
h) Place within a 100-year flood hazard area
structures which would impede or redirect flood ❑ ❑ ❑ �
flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including � � � �
flooding as a result of the failure of a levee or
dam?
j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ �
Regional Setting: The City of Ukiah is located within the Russian River Watershed. The
Russian River is approximately 110 miles long and originates in central Mendocino County,
approximately 15 miles north of the City of Ukiah in Redwood and Potter Valley. The east and
west forks combine to form the Russian River within the Ukiah Valley. Several streams are
tributary to the Russian River within the Ukiah Valley including: York, Hensley, Ackerman, Mill,
Howell, Morrison, Parsons, Robinson, Orrs, Howard, Gibson, and Doolin Creeks.
Russian River Mainstem: The mainstem of the Russian River generally flows to the southeast
to its confluence with Mark West Creek, at which point it turns sharply to the west and traverses
the Coast Range, ultimately emptying into the Pacific Ocean at Jenner. Within the Russian
River Watershed, the Coyote Dam and the Warm Springs Dam are major reservoirs and provide
flood protection, water supply and storage, and recreational opportunities.
Covote Dam: Coyote Dam is located on the East Fork of the Russian River near Ukiah and
construction of the dam resulted in the creation of Lake Mendocino; the Warm Springs Dam is
located on Dry Creek west of Healdsburg, and resulted in creation of Lake Sonoma.
Following construction of the Coyote Dam on the east fork in 1959, the Russian River has
experienced substantial physical changes. Continued urbanization of the Russian River
floodplain may result in impacts to the free flow of flood waters, increase exposure of persons
and property to flooding, and cause deterioration or destruction of natural riparian habitats. As
the dam holds back both water and sediment, the river experiences erosion of its bed and banks
and subsequently incises (entrenches) into its floodplain, allowing the river to entrench over 18
feet in the Ukiah Valley in the past. Erosion of the banks of the Russian River and loss of
riparian trees typically result from these conditions, as well as the erosion of creeks tributary to
the river.
Land use patterns within the Ukiah Valley have also resulted in the conversion of streams and
creeks to channelized and tunneled drainage facilities. Such channelization has interfered with
natural drainage patterns, and has the potential to increase the occurrence of flooding due to an
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
increase in impermeable surfaces within the Valley. Within the Russian River Basin,
approximately 93 percent of the average seasonal runoff occurs in a five-month period
beginning in December and ending in April. Surface runoff within the City's basin is derived
almost entirely from rainfall, although snow does fall in the mountains of the eastern part of the
Eel watershed, located north of the Russian River. Annual rainfall in the City of Ukiah is
approximately 35 inches. Stream flow responds directly to the rainfall pattern; high flows will
drop quickly without sustaining rainfall. During the dry summer months, stream flow consists of
groundwater seepage, channel storage, or reservoir storage.
Project Setting: Three major creeks flow through the City of Ukiah on their way to the Russian
River. Gibson Creek traverses the northern portion of the project site and is a tributary to the
Russian River. Gibson Creek receives runoff from a watershed that is approximately 2.77 miles
in size. Elevations range from 2,722 feet above mean sea level (amsl) at its headwaters to
approximately 584 feet amsl at its discharge to the Russian River. Gibson Creek is under the
supervision of the U.S. Army Corps of Engineers and the State Department of Fish and Game
(CDFG).
The project area generally slopes from northwest to southeast. The northwest portion of the
area drains and enters the City's existing storm drain system along Mason Street, prior to being
discharged into Gibson Creek. The storm drain system along Mason Street generally consists of
seven inlets varying in size. These inlets are connected via storm drain pipes that convey runoff
to Gibson Creek via gravity flow.
The project area presently supports surface parking and buildings. Pervious areas, such as
landscaping, are limited and generally occur in the form of street trees or small grassy areas.
Water Quality: The entire Russian River watershed is impaired for sediment and temperature.
Additionally, impairments for indicator bacteria (also known as pathogens) apply to several
portions of the mainstem Russian River and Santa Rosa Creek tributary. Big Sulphur Creek is
impaired for specific conductivity, and Pocket Canyon Creek is impaired for pH, both of which
are tributary to the Russian River. The Laguna de Santa Rosa is impaired for nitrogen,
phosphorus, dissolved oxygen, and mercury, in addition to the watershed-wide sediment and
temperature impairments.
Additionally, Lake Mendocino, Lake Pillsbury, and Lake Sonoma in the Russian River, as well
as Laguna de Santa Rosa, the largest tributary to the Russian River, have been listed under
Section 303(d) of the Clean Water Act for mercury pollution measured in fish tissue. Possible
mercury sources include inactive mining and processing sites for mercury and gold, soil erosion
due to human activities such as logging and road construction, and airborne sources from North
America and Asia. Mercury present in the bottoms of rivers and reservoirs and is transported by
erosion processes and can be converted into methylmercury. As methylmercury accumulates in
the food chain, it becomes concentrated, so that in larger predatory fish (e.g., trout and bass),
concentrations can exceed levels of concern for human consumption. Sediment loads within the
watershed can be attributed to historical activities, as well as recent human activities such as
road construction, agriculture, land development, and recreation. Temperature is also a
significant water quality concern in the Russian River watershed. Warming water temperatures
can be attributed to dams, water diversions, inadequate shading by limited riparian canopy,
and/or low instream flows.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
Based on routine and required water quality testing, the City's domestic water supply is not
contaminated and does not violate any water quality standard.
Flooding: The Ukiah Valley is subject to potential inundation if the Coyote Dam (located at the
base of Lake Mendocino) were to fail. The U.S. Army Corps of Engineers (USACE) resource
documents associated with Coyote Dam do not indicate the current level of risk associated with
a potential dam failure; however, it is anticipated that additional studies regarding dam safety
will be conducted in the future as funding becomes available.
Floodinq as a Result of the Failure of a Levee or Dam: According to the Draft Ukiah Valley Area
Plan (December, 2010) Health and Safety Section, hypothetically, in the event of a total dam
failure when Lake Mendocino is filled to capacity, water would flow north up the Russian River
channel to a point north of Highway 20. Between Highway 20 and Calpella, the topography of
the channel would keep the water confined between the bluffs and North State Street. The
greatest damage would likely occur south of Calpella. Inundation is predicted to occur along
most creek channels from the Russian River nearly to the base of the foothills on the west side
of the Valley. The main channel of flooding would likely follow Highway 101 or State Street,
whichever is further west. In the southern portions of the Ukiah Valley, the flood waters have a
large land area in which to fan out both east and west of the Russian River, although the
USACE projects that most segments of Highway 101 south of Talmage Road will be under
water. The project site is located north of Talmage Road.
Flood Zone Requirements: The Federal Emergency Management Agency (FEMA) publishes
Flood Insurance Rate Maps (FIRM) that delineate flood hazard zones for communities. The
FEMA FIRM map indicates that the project area has Zone A3, Zone A1, Zone A4, and Zone B
within its boundaries. Zones A1, A3, and A4 are defined as areas inundated by 100-year
flooding, for which no base flood elevations have been established. Zone B is defined as an
area inundated by 500-year flooding; an area inundated by 100-year flooding with average
depths of less than one foot or with drainage areas less than one square mile; or, an area
protected by levees from 100-year flooding. Portions of the project area are considered to be
within the 100-year flood area.
Potential Impacts:
Erosion: Erosion from the disturbed areas during future site preparation and development
activities, most notably grading, could cause adverse impacts to water quality if the exposed soil
is not properly stabilized and storm water carries silt into Gibson Creek and into the Russian
River.
However, Division 9, Chapter 6, Floodplain Management, and Chapter 7, Erosion and Sediment
Control, of the Ukiah City Code provide regulations pertaining to proposed development and the
potential for effects on existing hydrology or water quality within the City and/or region. As flood
hazards may result in the loss of life and property, health and safety hazards, disruption of land
uses, and increased public expenditure for flood protection and relief, the Ukiah City Code is
aimed at reducing the potential for flooding to occur and increasing protection from flood
damage. Section 9602 of the Ukiah City Code requires methods for reducing flood losses, and
associated erosion, within the City.
Division 9, Chapter 7, Erosion and Sediment Control, Sections 9700 to 9706, of the Ukiah City
Code provides requirements for reducing the potential for development to result in an increase
in erosion or contribution of sediment to onsite or offsite water bodies. Measures are identified
39
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
to address the requirement to prepare an erosion and sediment control plan and to address
such issues as grading and storage methods, clearing and grading activities, and waterway
crossings.
These standards are mandatory, and as a result, all future development projects will provide
erosion control measures to preclude siltation of Gibson Creek and the Russian River.
Additionally, the North Coast Regional Water Quality Control Board (NCRWQCB) has primary
responsibility for protecting the surface and groundwater quality within the proposed project
area. The NCRWQCB's efforts are generally focused on preventing either the introduction of
new pollutants or an increase in the discharge of existing pollutants into bodies of water that fall
under its jurisdiction. The NCRWQCB is concerned with all potential sources of contamination
that may reach subsurface water supplies through direct surface runoff or infiltration. Discharges
from the project area are subject to state water quality laws and regulations.
Therefore, erosion related impacts would be less than significant. No mitigation is required.
Water Qualitv: Construction of future projects on the limited vacant sites within the project area
could result in a net increase in impervious surfaces, which could potentially increase pollution
levels in stormwater and non-stormwater (e.g. landscape irrigation) runoff entering Gibson
Creek and ultimately the Russian River. Because the vacant sites are limited, this contribution
is expected to be limited.
The post-project runoffs would contain varying types and amounts of chemical constituents
typical of urban runoff, which would ultimately be conveyed to the Russian River during large
storm events. Pollutants likely to occur in stormwater from the potential project site include the
target pollutants such as pesticides and metals, among other urban pollutants.
The State Regional Water Quality Control Board requires Best Management Practices (BMPs)
to be implemented by developers, property owners, and public agencies engaged in new
development or redevelopment activities. The intent of incorporating BMPs is to prevent any net
detrimental change in runoff quantity or quality resulting from new development and
redevelopment. Runoff reduction control measures should be implemented according to the
New Development and Redevelopment Handbook (California Stormwater Quality Association,
2004), which provides general guidance for selecting and implementing BMPs to reduce
pollutants in runoff in newly developed areas and redeveloped areas to waters of the state. The
New Development and Redevelopment Handbook also provides guidance on developing
project-specific stormwater management plans including selection and implementation of BMPs
for a particular development or redevelopment project.
Additionally, consistent with requirements of the NCRWQCB, potential future projects would
implement the use of Low Impact Development (LID) measures to treat and retain stormwater
runoff on the potential project site. LID is a development site design strategy intended to
maintain or reproduce the pre-development hydrologic system through the use of design
techniques to create a functionally-equivalent hydrologic setting. LID strategies may include the
use of integrated stormwater retention and detention areas, reduction of impervious surfaces,
lengthening of flow paths and runoff time, or use of natural vegetation and soil to filter runoff,
among other methods.
Overall, future proposed projects must meet existing City and State requirements that include
implementation of BMPs (structural and non-structural) and LID measures that are best suited
40
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
to maximize reduction of the pollutants of concern. These requirements are specifically
designed to protect water quality and downstream beneficial uses. Therefore, impacts on the
quality of runoff as a result of potential future projects would be less than significant. No
mitigation is required.
Floodinq: Placement of a Structure within a 100-year Flood Hazard Area that Would Impede or
Redirect Flood Flows. The project area is partially located within the 100-year flood hazard zone
and therefore, future development has the potential to result in impacts with regard to flooding.
The FEMA FIRM map designates the project area as Zone A3, Zone A1, Zone A4, and Zone B
(FEMA, 2011). Zones A1, A3, and A4 are defined as areas inundated by 100-year flooding, for
which no base flood elevations have been established. Zone B is defined as an area inundated
by 500-year flooding; an area inundated by 100-year flooding with average depths of less than
one foot or with drainage areas less than one square mile; or, an area protected by levees from
100-year flooding.
Per FEMA flood insurance rate maps, approximately 4 acres of the project area is designated
Zone A, areas of 100-year flood; base flood elevations and flood hazard factors not determined.
An additional 3.2 acres± is designated Zone B, areas between limits of the 100-year flood and
500-year flood; or certain areas subject to 100-year flooding with average depths less than one
(1)foot or where the contributing drainage area is less than one square mile; or areas protected
by levees from the base flood. As a result, approximately six acres resides within the floodplain.
The Ukiah City Code Chapter 6: Floodplain Management, Article 5: Provisions for flood hazard
reduction with a section for Standards for Construction, includes the following excerpt: "...New
construction and substantial improvement of any structure shall have the lowest floor, including
basement, elevated to or above the base flood elevation." This would indicate that building
within the floodplain is permitted; however, unadvised. Any development within the floodplain
would require mitigation to compensate for the loss of storage area and obstructions within the
floodplain flow path. For example, if a building is placed within the floodplain and subsequently
the storage volume is decreased in the floodplain, mitigation would be required. Such mitigation
could include additional storage volume being created or credits from a floodplain mitigation
bank being purchased. Not all floodplain mitigation occurs at a ratio of 1:1, meaning for every
one square foot of floodplain taken up 1 square foot is created to mitigate it. Once the impact to
floodplain storage is determined agencies can require higher levels of mitigation, such as 1:3 or
1:5 ratios.
Additionally, the Ukiah City Code Chapter 6: Floodplain Management, Article 5: Provisions for
Flood Hazard Reduction with Section 9669 Floodways, includes the follow excerpt: "Prohibit
encroachments, including fill, new construction, substantial improvements and other
development unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge." A full dynamic analysis of Gibson Creek would be
required to build within the floodplain and likely necessitate an application with the U.S. Army
Corps of Engineer, the State Water Resources Control Board, other state and county agencies,
and the City of Ukiah.
In addition to building structures, post-construction BMPs would need to be located outside of
the floodplain but below the grade of proposed imperious surfaces. To hydraulically maintain
41
INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
operations during 100-year storm recurrence interval, both stormwater quality and quantity
standards require freedom from the floodplain.
In addition, there are safety risks associated with developing in the floodplain, including but not
limited to accessing the affected site during flood events. An essential facility such as a public
building may necessitate access during emergency situations. If access during the flood
conditions is required, then the access roads in addition to structures would be required to be
constructed above the flood elevation. Costs associated with development in the floodplain have
the potential to add significantly to the proposed project, due to excess waterproofing required
for such elements as the building foundation.
The floodplain zones surround Gibson Creek would therefore impact potential building structure
and postconstruction BMP locations and should be considered when selecting potential building
locations. A full dynamic analysis of Gibson Creek would be required to build within the
floodplain and would likely necessitate an application with the U.S. Army Corps of Engineers,
California State Department of Fish and Game, and the State Water Resources Control Board.
Through avoidance of the floodplain and/or compliance with applicable federal, state, and local
design requirements with regard to development within the floodplain, impacts resulting with the
proposed project would be reduced to less than significant.
Moreover, future development projects would be subject to separate environmental review and
compliance with the California Environmental Quality Act. Based on the size, scope, location,
and scale of future development projects, potential impacts would be determined and
appropriate mitigations measures prepared if necessary.
Mitigation Measures: No mitigation is required at this time.
Impact Significance After Mitigation: N/A
(Primary Source of Information for this Section: Final EIR— New Ukiah Courthouse Proiect,judicial
Council of California, Administrative Office of the Courts, April, 2012)
9. LAND USE AND PLANNING �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
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?
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
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
specific areas of the City as set forth in the 1995 Ukiah General Plan (Housing Element updated
in 2011). Allowed/permitted land uses are defined via zoning districts as stipulated in the Ukiah
Municipal Code. The proposed project involves rezoning the Downtown area and Perkins
Street Corridor from the existing commercial districts to a new commercial zoning district.
Several General Plan goals, policies, and implementation programs are relevant to this
proposal:
The City's General Plan includes goals, policies, and implementation strategies for each of the
thirteen elements of the General Plan. The City's General Plan is aimed at providing long-term
guidance for development within the incorporated City of Ukiah and its Sphere of Influence. The
proposed new Downtown Zoning Code is consistent with the following General Plan goals,
policies, and implementation measures:
• Goal GP-20: Maintain and enhance area natural resources balancing the use of the
resources, replenishment, and remaining supply.
o Policy GP-20.1: Create natural resource guidelines for use in future planning and
development decisions.
o Policy GP-20.2: Protect water supplies from adverse impacts.
o Policy GP-20.3: Maintain and enhance air quality.
• Goal GP-21: Conserve open space, hillsides, stream courses, and indigenous flora and
fauna for the enjoyment of future generations.
• Goal GP-22: Promote reclamation, additional storage, and conservation of water.
• Goal GP-24: Conserve and enhance the natural beauty of Ukiah Valley.
• Goal GP-25: Ensure aesthetic qualities in the design and construction of the community.
o Policy GP-25.2: In areas to be developed or redeveloped, ensure usable open
space and common spaces.
• Goal GP-26: Require that landscaping be a significant component of development and
redevelopment.
• Goal GP-27: Maintain scenic viewsheds of the Valley.
• Goal GP-28: Make Ukiah a leader in the development of responsible, resource-
conserving ways of living and doing business, giving fullest consideration to the impacts
of our actions on future generations.
o Policy GP-28.2: Provide incentives, wherever possible, to environmentally
responsible activities, both business and personal.
o Policy GP-28.3: Model the sustainable use of resources. This shall include
investing in comprehensive conservation of energy, minimizing polluting
activities, and avoiding needless consumption and waste.
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o Policy GP-29.1: Minimize the use of fossil fuels to the greatest feasible extent in
all activities including investment in low and zero emission vehicles.
o Policy GP-29.2: Encourage the use of low and zero emission alternatives to fossil
fuels for all modes of transportation.
o Policy GP-29.3: Promote public transportation, services within walking distance
in neighborhoods, and any other feasible means of preventing needless vehicle
use and pollution.
• Goal GP-31: Identify ways to replace wasteful practices that imprudently use resources.
o Policy GP-31.1: Establish programs to reduce motor vehicle dependency.
o Policy OC-1.3: Coordinate landscaping of public and private development with
preservation and restoration of open space and native vegetation.
o Implementation Measure OC-1.3(a): In the Land Development Code or design
standards,3
o incorporate requirements for enhancing native vegetation.
• Goal OC-7: Ensure the health and viability of the Russian River and its tributaries.
o Implementation Measure OC-7.4(a): The revised Land Development Code shall
incorporate standards for retention or volume reduction of stormwater flows as a
means of reducing flood potential from surface runoff from large paved areas.
o Implementation Measure OC-7.5(b): Review project landscaping proposals,
working with proponents, to avoid removal or damage to riparian habitat and
develop programs to avoid or manage sedimentation and erosion of river
channels and tributaries.
• Goal OC-9: Conserve and enhance channels for creeks and waters flowing through the
Planning Area.
o Policy OC-9.3: Creek restoration programs shall not interfere with the existing
and future floodwater capacity of creek channels.
o Implementation Measure OC-9.3(a): As part of stream restoration and
maintenance programs, the City and County shall ensure that floodwater carrying
capacity has not been significantly reduced or damaged.
o Implementation Measure OC-9.3(b): Whenever possible, riparian vegetation shall
be used for streambank protection in conjunction with natural material or
appropriate structural material to achieve a natural-looking appearance.
• Goal OC-15: Protect surface and groundwater from adverse impacts from chemicals and
soil sediments found in urban and agricultural runoff.
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o Policy OC-15.1: Protect water quality from adverse impacts of urban and
agricultural runoff.
o Implementation Measure OC-16.1(a): Parking lot design shall be reviewed to
ensure that there are adequate containment features to separate contaminated
surface water from storm water run-off.
o Implementation Measure OC-16.1(b): Utilize appropriate technology to delay
storm surges from running off parking areas and potentially overburdening the
drainage system.
o Policy OC-16.2: Manage stormwater flows to reduce the hazard of flooding from
increased stormwater volumes.
o Implementation Measure OC-16.2(a): Review all proposed projects to ensure
that the calculated volume and locations of surface water discharges do not
exceed the capacity of area drainage systems. If the drainage system is
exceeded, improvements can be required through Appendix 70 of the Uniform
Building Code.
• Goal GP-21: Conserve open space, hillsides, stream courses, and indigenous flora and
fauna for the enjoyment of future generations.
• Goal OC-22: Conserve and replenish valley oaks in the Valley.
o Policy OC-22.1: Maintain, protect, and replant stands of Valley Oaks.
o Implementation Measure OC-22.1(a): When reviewing proposal for development,
require that all valley oaks on the project area be identified, and ensure that all
reasonable efforts have been
o undertaken to protect the trees.
• Goal OC-23: Native plant landscaping shall be encouraged.
o Policy OC-23.1: Define standards that include native plant landscaping.
o Implementation Measure OC-23.1(a): Provide information about native plant
landscaping to
o developers.
o Implementation Measure OC-23.1(b): Develop landscaping standards which use
native plant
o landscaping for all new development and redevelopment projects.
• Goal OC-25: Maintain and enhance the City's canopy of shade trees.
o Policy OC-25.1: Protect existing healthy mature trees to maintain shade and area
attractiveness.
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o Implementation Measure OC-25.1(a): During the short-term planning period,
utilize the Land Development Code or enact an ordinance identifying important
shade tree areas and providing for their long-term management and health.
o Implementation Measure OC-30.2(b): During the short-term planning period,
promote the location of potential community garden sites.
• Goal EG-1: Create land use patterns which facilitate the conservation of energy.
o Policy EG-1.1: Locate shopping, employment and recreation opportunities within
walking or bicycling distance of proposed and existing housing.
o Implementation Measure EG-1.1(a): The Land Development Code shall
incorporate standards and incentives for new development to provide safe and
reasonable access for pedestrians and bicyclists.
o Implementation Measure EG-1.1(b): The land Development Code shall allow for
mixed-use developments.
• Goal CD-1: Establish a design review program appropriate for the Ukiah Valley.
o Policy CD-1.1: Encourage appropriate scale, materials, setbacks, and
landscaping to enhance the Valley's beauty and historic fabric.
o Implementation Measure CD-1.1(a): Ensure that the design standards in the
Land Development Code include standards for material compatibility with the
visual fabric of the area in terms of material, siting, scale, and landscaping.
o Policy CD-1.2: Ensure consistent design guidelines throughout the Ukiah Valley.
o Implementation Measure CD-1.2(b): The City shall administer the Design Review
Guidelines through a Design Review Committee that passes advisory
recommendations during the Site Development Review process.
• Goal CD-2: Seek out future designs to become "preservable" structures.
o Policy CD-2.1: Encourage developers to construct new buildings and settings of
such quality that Ukiah's future citizens will wish to protect them.
o Implementation Measure CD-2.1(a): Utilize design standards in the Land
Development Code which help to create quality designs which future residents
will want to preserve.
o Policy CD-2.2: Ensure that developments relate harmoniously with each other
within districts.
o Implementation Measure CD-2.2(a): Include design standards that reflect the
land use intensity and the different design needs for separate areas within the
Valley.
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• Goal CD-3: Provide an aesthetically pleasing urbanscape.
o Policy CD-3.1: Establish Design Review guidelines tailored to neighborhood
character and land uses.
o Implementation Measure CD-3.1(a): The design review guidelines in the Land
Development Code shall be reflective of neighborhood character and land use
intensity.
o Policy CD-4.2: Encourage planting of native trees and plants.
o Implementation Measure CD-4.2(a): Utilize design standards that encourage the
planting of native, adaptive, and drought resistant vegetation in all introduced and
approved landscaping plans.
o Policy CD-4.3: Require landscaping that will result in the creation of new street
canopies.
o Implementation Measure CD-4.3-(a): The landscape standards in the Land
Development Code shall include provisions for street canopies and streetscape
enhancement.
• Goal CD-5: Preserve and enhance the scenic setting of the Ukiah Valley.
o Implementation Measure CD-5.1(a): Consider the visual effects of density when
assigning land use density and building intensity in areas between communities.
o Policy CD-5.2: Preserve native riparian vegetation on both the Russian River and
along tributary creeks in the Ukiah Valley.
o Implementation Measure CD-5.2(a): Implement provisions of the Open Space
Element related to riparian habitat in the Design Review Guidelines.
o Policy CD-5.3: Encourage an attractive viewshed.
o Implementation Measure CD-5.3(a): Ensure that design standards in the Land
Development Code incorporate provisions to be responsive to enhancing or
complementing views from US 101 through the use of landscaping or other site
design characteristics.
o Policy CD-8.1: Encourage the preservation of scenic views, vistas, and
streetscapes.
• Goal CD-9: Improve and enhance the appearance of downtown Ukiah.
o Implementation Measure CD-9.1(c): Ensure that new and rebuilt downtown
properties maintain the character and sense of place for the downtown area.
o Policy CD-9.2: Ensure compatibility of new development in the downtown area.
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o Implementation Measure CD-9.2(a): Require that new building designs be
complementary to the overall character of the neighborhood in which a project is
located.
o Policy CD-9.3: Ensure Downtown design that will enhance the character of the
area.
• Goal CD-12: Conserve the character and architecture of Ukiah and Valley
neighborhoods.
o Policy CD-12.1: Maintain and improve Ukiah's streets, lighting, trees,
landscaping, and parks in a manner than enhances the City's beauty and historic
fabric.
o Implementation Measure CD-12.1(a): Establish public design standards for street
furniture and landscaping that enhance the streetscape and general fabric of the
City.
• Goal CD-16: Create attractive public places and buildings.
o Policy CD-16.1: Work to create public places within the City.
o Implementation Measure DC-16.1(a): Encourage creation of public places
designed to serve City and neighborhood needs.
o Implementation measure DC-16.1(b): Design public places to be safe and
attractive for passive use.
o Policy CD-16.2: Ensure attractive public buildings.
o Implementation Measure DC-16.2(a): New public buildings shall be subject to
design review standards.
o Implementation Measure DC-16.2(b): Design review applied to public
development shall be sympathetic to the location and use of the building as well
as the standards that would be applied to similar private development.
• Goal CD-17: Require commercial and industrial parking lots to be designed and sited so
as to increase the attractiveness of the areas in which they are located.
o Policy CD-17.1: Site commercial and industrial parking lots to be designed
subservient to the structure it serves.
o Implementation Measure CD-17-1(a): When feasible, locate parking facilities to
the rear of main structures.
o Policy CD-17.2: Include parking lot design and landscaping standards within the
land development code.
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o Implementation Measure-17.2(a): Include within the land use development code
a design requirement that parking lots include landscaping to increase
attractiveness and to provide shade.
The reasons the proposed project is consistent with the above Goals, Policies and
Implementation Measures are summarized in the project objectives, which are reiterated below:
1. 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.
2. To implement the vision for the study area created by the community during an intense
and open community design charrette 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.
3. 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 shop-front buildings in the Downtown, and the architecture of historic civic
buildings.
4. 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.
5. 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.
6. To facilitate the coexistence of a wide range of residential, commercial and similar uses
in close proximity within a lively downtown urban environment.
7. To preserve and enhance the historic Downtown.
8. To support local businesses and create a vibrant commercial downtown where buildings
meet the street and activate a wide range of pedestrian-friendly uses.
9. 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 Gibson Creek
corridor, tree planting, and tree preservation).
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Additionally, Chapter V.1, Infrastructure Elements — Airport, of the City's General Plan
addresses operation of the Ukiah Municipal Airport. The Airport is owned and operated by the
city, and the city has committed to the ongoing, long-term operation of the Airport in its existing
location. As such, the City's General Plan provides guidance, consistent with the city of Ukiah
Airport Master Plan, to ensure an ongoing balance of compatible land uses in areas surrounding
the Airport and to minimize potential conflicts with regard to public safety. The proposed new
Code requires future development to be consistent with the Ukiah Regional Airport Master Plan
and Mendocino County Comprehensive Land Use Plan.
The Ukiah City Code, Chapter 9, Building Heights Near Airport, addresses height restrictions of
development activities within proximity to the Ukiah Municipal Airport. Article 2, Section 3290(A),
Prohibition of Structures Creating Air Navigation Hazards, states that "No person, firm,
association, partnership, corporation, public entity subject to the jurisdiction of the city or other
organized group acting as unit shall erect, construct, maintain or cause to exist within the
corporate limits of the city of Ukiah any object, including a mobile object, structure or naturally
growing thing, such as a tree or shrub, that would constitute an obstruction to air navigation by
exceeding the heights or surfaces established in Title 14 of the Code of Federal Regulations
Section 77.23 as it now reads or may be amended hereafter or any successor regulation, unless
the Administrator of the Federal Aviation Administration (FAA) has issued a written order
determining that the object will not constitute a hazard to air navigation or the California
Department of Transportation (Caltrans) has issued a permit allowing the construction,
alteration or growth of the object." Additionally, Section 3290(B) states that "The City of Ukiah
shall not issue any permit, including a Use Permit or Building Permit, authorizing the
construction, alteration, maintenance or repair of any object, structure or naturally growing thing
prohibited by subsection A of this Section, unless a copy of the order or permit described in
subsection A has been filed with the City official responsible for issuing said permit (Ord. 402,
§3, adopted 1948; amd. by Ord. 928, §1, adopted 1992)."
Citv of Ukiah Downtown Master Plan (Adopted 1992): The Downtown Master Plan provides
guidance for long-term development within the city's downtown area. The Plan identifies design
and perFormance standards and provides measures aimed at guiding future land uses proposed
within the City's urban core to ensure that development patterns remain consistent with and
maintain the existing character, and reinforce the city's intended vision for the area.
The large portion of the project area lies within the boundaries of the Downtown Master Plan
Area. In support of the Master Plan, the City participates in the Main Street Program, a
nationally-certified program implemented by the National Trust for Historic Preservation. The
City officially became a Main Street City in 1987. The program is intended to preserve and
enhance the character of America's downtowns and promote downtown areas as economic and
cultural centers of thriving communities. The program is implemented at the local level and
focuses on improving economic management, strengthening public participation, and making
downtown an enjoyable place to visit, as well as recruiting new businesses, rehabilitating
buildings, and expanding parking, while creating a "sense of place." The proposed Downtown
Zoning Code is consistent with the vision, purpose and intent of the Downtown Master Plan.
Ukiah Municipal Airport Master Plan Report (Adopted Julv 1996): The Ukiah Municipal Airport is
located approximately one mile to the south of both potential project sites. According to the
Mendocino County Airports Comprehensive Land Use Plan, the project area is located within
both the C (Common Traffic Pattern) and the B2 Infill Compatibility Zone (Extended Approach-
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UKIAH DOWNTOWN ZONING CODE
Departure Zone). The B2 Zone places certain additional restrictions on land uses and applies to
those locations where a moderate risk occurs, as aircraft are typically operating below 800 feet
above ground level (agl). Additionally, significant noise impacts may occur. Allowed density for
uses other than residential is restricted 60 people per two acres. The C Zone is less restrictive
and allow a maximum of 150 people per acre. As indicated above, The proposed new Code
requires future development to be consistent with the Ukiah Regional Airport Master Plan and
Mendocino County Comprehensive Land Use Plan.
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The Ukiah Municipal Airport Master Plan Report provides a comprehensive evaluation of the
status, anticipated future uses, and proposed future course of development at the Airport. The
Airport supports a variety of flight operations, although no scheduled air carriers operate out of
the Airport; however, private and charter aircraft, delivery (cargo) aircraft, and the California
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Department of Forestry and Fire Protection Attack Center utilize the Airport to provide
passenger and public safety protection services. The Mendocino County Sherriff and other law
enforcement agencies also maintain their air equipment at the Airport, and air ambulance
services frequently utilize the air field.
Mendocino County Airport Comprehensive Land Use Plan (adopted October 1993; Revised
2010): The Mendocino County Airport Land Use Commission is responsible for ensuring that
proposed development in the vicinity of county airports is consistent with airport activities. The
Mendocino County Airport Comprehensive Land Use Plan establishes criteria and policies that
the Land Use Commission uses in assessing the compatibility between the public-use airports
in the county and proposed land use development in areas surrounding the county's airports.
The Plan establishes Compatibility Criteria and identifies a specific set of zones and associated
criteria for each of the potential impact types, which include noise, safety, airspace, and
overflight.
On March 22, 2012, the Mendocino County Airport Land Use Commission conducted a public
hearing, considered information prepared by its staff, and after considerable discussion,
determined that the proposed new Downtown Zoning Code was consistent with the Mendocino
County Airports Comprehensive Land Use Plan. The Commission made this determination with
the understanding that minor language would be added to tables indicating that future
development in the project area would be subject to the regulations contained in the City's
Regional Airport Master Plan and County Airports Comprehensive Land Use Plan.
Potential Impacts: The project site is located within the immediate downtown area of Ukiah
where the majority of lands are presently developed. Additionally, it is located (or partially
located) within the City's designated Downtown Revitalization District and Downtown Ukiah
Design District. The existing Commercial land use designation that applies to the area is
intended to allow for a variety of uses, including retail, service businesses, general commercial,
shopping centers, shopping malls, public facilities, places of public assembly, parking lots, and
residential uses. The proposed project would not change the General Plan Land Use
Designation. Therefore, the proposed Downtown Zoning Code would not enable land uses that
would be inconsistent with that intended for the area, or that might create a barrier between
uses within the existing neighborhood.
The project area is surrounded on all sides by urban development. Land uses immediately north
of the potential project site include a residential manufactured home community and land uses
south of the potential project site consist of a residential manufactured home community. Future
development in the project area would be constructed on lands that are currently developed
and/or highly disturbed, therefore, the proposed project would not change any lands from
undisturbed lands to a developed condition. Additionally, all development would occur within the
boundaries of the project area, and would not create a new division between any existing
residential use and the surrounding neighborhoods.
The proposed project would not significantly divide or disrupt the arrangement of land uses in
the surrounding area, nor would it displace any dwelling units or residents. In addition, the
proposed project would not conflict with or disrupt the daily operations of surrounding
commercial, residential, or public or governmental uses presently existing in the area.
Therefore, the proposed project would not result in a division of an established community, and
there would be no impacts.
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Staff is able to conclude that the proposed project is consistent with the goals, policies and
implementation measures contained in the Ukiah General Plan. For example, Goal CD-9:
"Improve and Enhance the Appearance of the Downtown" is precisely the aim of the proposed
project. Other goals and policies call for the conservation and enhancement of creeks and
landmark trees; the preservation and enhancement of the historic nature of the Downtown, and
locating parking lots behind buildings — all of which are accomplished by the proposed new
Code.
Future development will be required to be consistent with all applicable plans and policies.
Based on the discussion above, it has been concluded that the proposed new Downtown
Zoning Code is consistent with the provisions of the Ukiah Regional Airport Master Plan and the
Mendocino County Airports Comprehensive Land Use Plan.
In addition, any future proposed development would be subject to the requirements of the
California Environmental Quality Act, and an Initial Environmental Study would be required to
determine if future development would be inconsistent with the City's Plans and policies. At this
time, it is premature and would be speculative and unreasonable to assume what size, scale,
and intensity of development would possible be proposed in the future. No impacts identified.
Mitigation Measures: None required.
Impact Significance after Mitigation: N/A
10. MINERAL RESOURCES �ess Than
Potentially Significant With Less Than No
Significant Mitigation Significant Impact
Would the project: impact Incorporated Impact
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and ❑ ❑ ❑ �
the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site � ❑ ❑ �
delineated on a local general plan, specific plan or
other land use plan?
Setting: The planning area is densely urbanized and is devoid of mineral resources. There are
no mineral extraction operations in or near the project area, and the Ukiah General Plan does
not identify or delineate and mineral resource areas or recovery sites within the City of Ukiah.
Potential Impacts: Because there are no known mineral resources, extraction or recovery
sites on or near the project site, none would be impacted by the project.
Mitigation Measures: None required.
Impact Significance after Mitigation: N/A
(Primary Source of Information for this Section: Final EIR— New Ukiah Courthouse Proiect,judicial
Council of California, Administrative Office of the Courts, April, 2012)
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11. NOISE �ess Than
Potentially Significant With Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
Would the project result in:
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?
Setting: Noise-sensitive land uses are generally considered to include those uses where noise
exposure could result in health-related risks to individuals, as well as places where quiet is an
essential element of their intended purpose. Residential dwellings are of primary concern
because of the potential for increased and prolonged exposure of individuals to both interior and
exterior noise levels. Additional land uses such as medical facilities, parks, schools, historic
sites, cemeteries, and recreation areas are also generally considered sensitive to increases in
exterior noise levels. Places of worship and transit lodging, and other places where low interior
noise levels are essential are also considered noise-sensitive. Those noted above are also
considered vibration sensitive land uses in addition to commercial and industrial buildings where
vibration would interfere with operations within the building, including levels that may be well
below those associated with human annoyance.
The project area is comprised of dense urban uses (e.g., office, retail, commercial, and
residential uses). Existing noise and vibration sensitive land uses in the proposed project vicinity
primarily include offsite low-density residences, the Ukiah Valley Medical Center, and the
Hudson-Carpenter Park/Sun House Museum.
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Potential Impacts: Implementation of the proposed new zoning standards would not, in and of
themselves, result in increased noise levels from stationary-sources that exceed the applicable
standards at nearby sensitive receptors from the project area. The new zoning standards would
not allow or permit any new land uses that would be large generators of noise, and certainly
none that would exceed the noise standards contained in the Ukiah City Code. There would be
no impact.
In addition, any future proposed development would be subject to the requirements of the
California Environmental Quality Act, and an Initial Environmental Study would be required to
determine if future development would be inconsistent with the City's Noise ordinance. At this
time, it is premature and would be speculative and unreasonable to assume what size, scale,
and intensity of development would possible be proposed in the future and what type or level of
noise would be created.
Mitigation Measures: None Needed.
Impact Significance After Mitigation: N/A
12. POPULATION AND HOUSING �ess Than
Potentially Significant With Less Than No
Significant Mitigation Significant Impact
Would the project: Impact Incorporated Impact
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example, ❑ ❑ ❑ �
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement ❑ ❑ ❑ �
housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement ❑ ❑ ❑ �
housing elsewhere?
Setting: The 2010 Census indicates that the population of Ukiah is approximately 16,075
persons, with a slow and stable growth taking place over the past several years.
Potential Impacts: The proposed new Downtown Zoning Code would not allow or permit more
density in the project area than is current allowed or permitted. This is due in large part to the
density standards contained in the Airport Master Plan, which classify much of the area as the
Extended Approach and Departure Infill Area (B2). Additionally, no new infrastructure
extensions would result, and therefore, the project would not induce growth in the area, either
directly or indirectly.
The proposed Downtown Zoning Code project would not displace housing or people because it
retains existing housing opportunities and provides new opportunities for housing in and near
the downtown core area.
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Mitigation Measures: None required.
Impact Significance After Mitigation: N/A
13. PUBLIC SERVICES / UTILITIES �ess 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? ❑ ❑ ❑ �
Setting: The project area is served by the utility providers within the City of Ukiah (City).
Publicly and privately owned local purveyors provide and maintain utilities associated with
water, wastewater, and solid waste, as described below. Public safety services (police, fire and
ambulance) are provided by both the City and supplemented by county and state resources
when needed. Other public services provided by the City include those for education and
parks/recreation. These service systems and public services are described below.
Water Supplv: Within the Ukiah Valley, there are five major providers for water service. The City
of Ukiah is full-service and provides water service for customers within the City limits. Outside of
the City limits, water is provided to customers by three water districts and one privately-owned
water company. Underflow from the Russian River serves as the primary source for all water
providers in the valley. Water from the River is primarily stored in Lake Mendocino to ensure a
reliable water supply. On an annual basis, the Mendocino County Russian River Flood Control
and Water Conservation Improvement District has the authority and water rights to purchase
21,000 acre-feet of water from the river for wholesale to the five major water providers. The City
maintains five active groundwater wells that meet the winter demand and supplement the
summer demand. In 2010, the city produced 962 million gallons or 2,952 acre-feet (AF), which
is equivalent to 2.6 million gallons per day (mgd) of water servicing a 2010 population of
approximately 16,075.
The most efficient, inexpensive and environmentally sensitive method of ineeting anticipated
future demand increases is to expand existing water storage capacities and to develop
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INITIAL ENVIRONMENTAL STUDY
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mandatory and voluntary water conservation programs. In 2008, the City completed a major
new water storage project and now has sufficient water year-around storage. Conservation
through reduced-flow water fixtures, irrigation equipment, and other passive and active systems
will reduce water demand. Reducing demand for water frees up capacity for new uses.
Water Treatment: For water treatment purposes, the City operates its own water treatment
facility which is regulated by the State of California. The City's water treatment plant was
constructed in 1992, and has the capacity to provide up to ten mgd. During the peak summer
months, demand increases to approximately six mgd, or 60 percent of the plant's capacity.
Modifications to the water treatment facility were completed in 2006, in order to improve
reliability and provide redundancy at the water treatment plant.
Water Distribution: The City owns and operates the water distribution system that supplies
potable water throughout the City. The City's water distribution system consists of surface water
well pumping, percolating groundwater well pumping, water treatment plant high service
pumping station, storage reservoirs, and piping to and within the water distribution system.
The City of Ukiah maintains eight reservoirs with a combined storage capacity of 6.1 million
gallons (18.7 AF). These reservoirs allow for the short-term storage of treated water for use on
daily basis, as well as for emergency purposes, such as fire-fighting.
Wastewater: The City of Ukiah operates and maintains its own wastewater treatment plant
which provides service for the City of Ukiah and the Ukiah Valley Sanitation District. At peak wet
weather flow, the plant has a treatment capacity of 20 mgd and 2.8 mgd of dry weather flow.
Operation of the plant results in primary treatment which removes floating material, oils and
greases, sand and silt and organic solids heavy enough to settle in water. During secondary
treatment, suspended and dissolved organic material is biologically removed.
The wastewater treatment plant was recently improved via a $56.5M improvement project to
upgrade the facility and ensure reliable and continued compliance with permit requirements and
the plant's capacity to meet future demands as the result of growth. Wastewater is collected by
gravity and force mains in a series of main, trunk, and interceptor sewers owned and operated
by the City. The City maintains the main lines, and it is the responsibility of the property owner
to maintain their sewer lateral. The project area is currently within areas served by the City
sewer system.
Solid Waste and Recvclinq Services: Solid waste collection and disposal service for residents
within the City limits is provided by the City's franchise waste hauler, Ukiah Waste Solutions.
Household waste and yard waste are collected at the curb side. Additionally, curbside recycling
service is provided and includes pick-up of newspaper, cardboard, paperboard, tin cans,
aluminum cans, plastic containers bearing the triangle recycle symbol, glass, and office paper.
Solid Waste Systems operates the Ukiah Valley Transfer Station located at 3151 Taylor Drive in
Ukiah. Trash collected by the waste hauler is disposed of at the Transfer Station and then
hauled to a permitted sanitary landfill in nearby Lake County. The former Ukiah Landfill closed
in 2001. As no publicly-owned landfills exist in Mendocino County, the Lake County Landfill is
operated as a private landfill, and has the capacity to serve the City well into the future.
Fire Protection Service: The City of Ukiah Fire Department provides fire protection services for
land use within the city's boundaries, including the project area. The City of Ukiah Fire
Department serves a population of approximately 16,075 residents within the city limits. The fire
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INITIAL ENVIRONMENTAL STUDY
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station is located at 300 Seminary Avenue, approximately 0.30 mile to the southwest of the
project area.
Currently, the Ukiah Fire Department employs 15 paid firefighters and 20 volunteer firefighters.
The paid personnel are both firefighters and paramedics. The Department also maintains an on-
going training program that addresses all services provided. All participating individuals receive
training in such programs as CPR, emergency medical certification, hazardous materials
response, self-contained breathing apparatus, and infection disease control, among others
services.
The Ukiah Fire Department currently receives an average of 2,000 calls for service per year.
Although these calls primarily include request for emergency medical service, calls for
assistance with fire protection, hazardous materials, utility control, rescue service, mutual and
automatic aid to other agencies, and storm-related situations, are received, among a variety of
other requests.
The City of Ukiah is rated by the Insurance Services Office (ISO), which maintains a rating or
classification scale for fire insurance risk purposes. Fire Protection Ratings range from Class 10
(least desirable) to Class 1 (best). The City of Ukiah is rated as Class 3, thereby providing a
high level of fire safety for the community.
Additionally, the California Department of Forestry and Fire Protection (CAL FIRE) provides fire
protection services for the area from its station located at 2690 North State Street within the city
of Ukiah. CAL FIRE provides wildfire protection to undeveloped forested areas surrounding the
city of Ukiah and beyond. CAL FIRE is largely concerned with the prevention and control of
wildland fires and deterring the spread of fire into developed areas. Although CAL FIRE does
not normally respond to structure fires, it provides protection to structures threatened by forest
fire.
The Ukiah Valley Fire District (UVFD) also provides fire protection services for the Ukiah area.
The station is located at 1500 South State Street approximately 1.5 miles south of the project
area. The department is comprised of seven career firefighters, 19 volunteer firefighters, and
two administrative employees.
Law Enforcement: The City of Ukiah Police Department is located at 300 Seminary Way in
Ukiah and currently employs 26 sworn Law Enforcement Officers, with 11 civilian positions. The
police department provides public safety and emergency protection services within the city
limits. The Mendocino County Sheriff's Department (Sheriff's Department) and the California
Highway Patrol (CHP) also provide protection services within the community when needed.
The Mendocino County Sheriff's Department is located at 589 Low Gap Road in Ukiah,
approximately 0.9 mile northeast of the project area. The department currently provides law
enforcement services and in-custody transport services for the existing Courthouse in Ukiah.
School Facilities: The Ukiah Unified School District provides school service within the proposed
project area. The Ukiah Unified School District serves a population of approximately 5,800
students, pre-school through adult age. The District is comprised of eight neighborhood
elementary schools, two middle schools, and a comprehensive high school.
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Park and Recreation Services: The Ukiah area supports a range of public parks and
recreational facilities. Regional recreational parks include Lake Mendocino and Cow Mountain.
Mill Creek Park and Low Gap Park are operated under the jurisdiction of the county. The
Mendocino Community College offers public recreational facilities such as an all-weather track,
volleyball courts, tennis courts, and playground equipment, among other facilities. The Russian
River and the Twelfth District Fairgrounds also offer recreational opportunities within the
regional Area.
The City of Ukiah Community Services (Parks and Recreation) Department maintains a variety
of neighborhood and community parks, the Grace Hudson Museum, the Civic Center, and
various athletic fields. Additionally, the City maintains a system of trails and bikeways along City
streets and within some recreational areas, as intended by the City of Ukiah Bicycle and
Pedestrian Master Plan. The closest park to the proposed project area is the Hudson-Carpenter
Park, located approximately 0.10 mile west of the Railroad Depot property. The park is located
adjacent to the Grace Hudson Museum which is operated by the City`s Community Services
Department and offers a variety of cultural and educational opportunities pertaining to the
history of the area.
To ensure that adequate parks and recreational facilities are provided for its residents over the
long-term, the City requires the dedication of park land or payment of fees in lieu of dedication
for new subdivision developments. Such fees may vary and are determined at the time when
development is proposed.
Electric Utilitv: The Ukiah Electric Utility Department is Mendocino County's only municipal-
owned electric utility, supplying electricity to more than 16,000 residents and 2,000 businesses.
The utility serves 6,100 residential customers and 2,100 commercial customers. The utility's
annual energy sales exceed $15,000,000 with a peak demand of nearly 36 megawatts (MW),
recorded in July 2006.
Like the airport, the electric utility is considered an enterprise activity where electric services are
funded by charges for electricity. In FY 2011-12 Ukiah Electric anticipates a net income of $2.3
million over expenses of$12.9 million.
The Electric Utility Department oversees the procurement of wholesale power and energy sales;
maintains and operates the electric distribution system; and provides advanced engineering and
planning for improvements, replacement, and expansion of the distribution system. In addition,
the Department provides engineering services to new commercial and residential development
projects. The Department also maintains Ukiah's traffic signals, the City's streetlights and
provides engineering support to other City Departments.
Potential Impacts: The project will not result in impacts to municipal services and is not
anticipated to impact area schools, nor will it place a demand on the City's parks or other public
facilities or police and fire protection services. Additionally, it is concluded that the proposed
project will not result in the need for new or expanded electrical generation sources or expanded
water and sewer systems. These conclusions are based on the fact the proposed new
Downtown Zoning Code would not increase the existing planned population densities in the
project area or allow types and intensities of land uses different than what is currently allowed
and planned for in the adopted General Plan. Additionally, City Staff has indicated that the
electric utility, as well as the wastewater and water treatment plants have the capacity to
accommodate build-out of the City with the new Code for the Downtown.
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Mitigation Measures: None required.
Impact Significance After Mitigation: N/A
14. TRANSPORTATION/TRAFFIC �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
a) Conflict with an applicable plan, ordinance, or
policy establishing measures of effectiveness for
the performance of the circulation system, taking
into account all modes of transportation including
mass transit and non-motorized travel and relevant ❑ ❑ ❑ �
components of the circulation system, including but
not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass
transit?
b) Conflict with an applicable congestion management
program, including, but not limited to level of
service standards and travel demand measures, or � � � �
other standards established by the county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in ❑ � ❑ ❑
location that result in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous � � � �
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access? ❑ ❑ ❑ �
f) Result in inadequate parking capacity? ❑ ❑ ❑ �
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus ❑ ❑ ❑ �
turnouts, bicycle racks)?
Setting: The characteristics of the roadway system within and adjacent to the project area are
described below:
1. US 101 is a north-south state highway that traverses through the City of Ukiah. US 101
continues north towards the state of Oregon and south towards San Francisco. In the
immediate vicinity of the project area, US 101 is a four-lane freeway. The interchange at
Perkins Street provides direct access to the project area.
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
2. Perkins Street is an east-west arterial street that provides direct access to the project
area. Four travel lanes are provided on Perkins Street between State Street and Orchard
Street, and this roadway is posted for 30 miles per hour(mph).
3. State Street is an arterial roadway, located along the western portion of the project area
parallel to US 101 and provides north-south access within city limits. State Street
contains four travel lanes. The posted speed limited on State Street is 30 mph.
4. Main Street is a two-lane north/south collector street that is situated east of State Street.
The posted speed limited on Main Street is 25 mph.
5. Mason Street is a two-lane local road that enters the project site from the north. The
posted speed limited on Main Street is 25 mph.
6. Standley Street and Smith Street are two streets that extend westward from Mason
Street through the project area.
7. Hospital Drive is a two-lane, north-south roadway that intersects Perkins Street to the
east and provides access to the Ukiah Valley Medical Center.
8. Clay Street is a collector street that runs from the western city limit and currently
terminates just west of the railroad tracks. The city's General Plan identified the
extension of Clay Street through the Railroad Depot Site to connect to Peach Street.
Existing Roadway Operations: According to the Draft Environmental Impact Report for the New
Ukiah Courthouse project published in October of 2011, the existing roadway system can be
characterized as operating efficiently, with the exception of the US-101 on and off-ramp
intersections with Perkins Street. Motorists typically incur modest delays, do not experience
substantial vehicle queues, and benefit from the coordinated traffic signal system along primary
commute corridors. The side-street approach at both US-101 ramp intersections operate at an
unacceptable level during the a.m. peak-hour. The remaining study intersections currently
operate at LOS C or better, an acceptable LOS under City of Ukiah standards.
Existinq A.M. peak hour intersection operations:
Intersection Control Delay(seconds) LOS
US-101 NB ramps/Perkins Side Street Stop(Caltrans) 51.6 F
Street
US-101 SB Ramps/Perkins Side Street Stop(Caltrans) 11.9 B(E-Side Street)
Street
Orchard Ave/Perkins St Si nal 21.1 C
Hospital Dr/Perkins St Si nal 6.3 A
Mason SUPerkins St Side-Street Stop 0.6 A
Main SUPerkins St All-Way Stop 12.1 B
State SUPerkins St Si nal 24.6 C
State St/Standley St Signal 27.6 C
Leslie SUPerkins St Side-Street Stop 2.7 A
Source: Draft EIR New Ukiah Courthouse,page 4.10.4,October,2011
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INITIAL ENVIRONMENTAL STUDY
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Intersection level of service definitions:
Level of Service Signalized Avg Delay(seconds) Unsignalized Avg Delay(seconds)
A 0-10.0 0-10.0
B 10.1-20.0 10.1-15.0
C 20.1-35.0 15.1-25.0
D 35.1-55.0 25.1-35.0
E 55.1-80.0 35.1-50.0
F >80.0 >50.0
Source: Draft EIR New Ukiah Courthouse,page 4.10.4,October,2011
Downtown Ukiah Parkinq Improvement Studv
In 2007, the City commissioned a Downtown parking study to determine existing parking
conditions and identify potential engineering, management, and enforcement solutions to
enhance and improve downtown parking in the future. The Study found that the number of
parking spaces in the Downtown (4,451 public and private parking lots and on-street spaces)
was adequate to satisfy the 11:00 a.m. peak demand (646 spaces). However, the Study found
that the spaces were spread out, used inefficiently, and under managed. A number of
recommendations were advanced in the Study for improved efficiency and management, many
of which would only be necessary if future infill development resulted in demand exceeding the
number of available spaces.
The proposed Downtown Zoning Code provides increased flexibility for future development
projects to satisfy parking requirements such as counting on-street parking and permitting off-
site parking in certain circumstances. Moreover, the Code seeks to reduce automobile use and
parking demand by requiring improved pedestrian facilities, mixed land uses, residential land
uses in the downtown core, etc.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
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INITIAL ENVIRONMENTAL STUDY
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Potential Impacts:
The US-101 Ramp Intersections: At the US-101 Northbound Ramp/Perkins Street intersection,
the off-ramp is operating at LOS F under Existing Conditions. The addition of any new traffic
would exacerbate unacceptable operations. At the US-101 Southbound Ramp/Perkins Street
intersection, the addition new traffic would add delay to the side street approaches that are
already operating at unacceptable LOS E.
The Ukiah Ramps Improvement Project on US 101 Project Study Report (September 2008,
Caltrans) identified traffic signals and signal interconnect at the US 101/Perkins Street ramp
intersections as potential improvements. The signals at the ramp intersections were also
identified as short range projects in the Mendocino County Regional Transportation Plan
(December 2010). The addition of traffic signals at both US-101 ramp intersections with Perkins
Street would provide acceptable LOS for future projects.
The City, County, MCOG, and Caltrans have been meeting regularly and are seeking funding
for these improvements. The City has included it as the highest priority in its 2012 Capital
Improvement Plan, and as of April, 2012, MCOG and Caltrans indicated to the City that a highly
probable source of funding was the State funded HSIP program (Hazards Safety Improvement
Plan). Applications are currently being prepared to fully fund the improvements.
If the City, County and Caltrans do not secure funding and construct the US 101 ramp
improvements, a funding mechanism, such as a traffic impact fee pursuant to AB1600, would
need to be adopted. Future development projects would be required to pay their fair shares to
help fund the improvements. The City and County adopted AB 1600 Studies and are positioned
to pursue the adoption of new traffic impact fees.
Other Roadwav and Intersections: The Draft EIR for the New Ukiah Courthouse (page 4.10.34)
indicated that under cumulative 2030 conditions, all other intersection will operate at acceptable
levels.
Parkinq: As indicated above, the 2007 Downtown Parking Study determined that there were
enough private, public and on-street parking spaces to accommodate peak demand, as well as
future development. The proposed Downtown Zoning Code provides increased flexibility for
future development projects to satisfy parking requirements such as counting on-street parking
and permitting off-site parking in certain circumstances. Moreover, the Code seeks to reduce
automobile use and parking demand by requiring improved pedestrian facilities, mixed land
uses, residential land uses in the downtown core, etc.
Mitigation Measure:
6. Once a funding mechanism is identified and implemented for improvements to the US-
101/Perkins Street interchange, future development projects shall contribute their fair
share payments toward the signalization and roadway improvements.
Impact Significance After Mitigation: N/A
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15. UTILITIES AND SERVICE SYSTEMS �ess Than
Potentially Significant Less Than No
Significant With Mitigation Significant Impact
Impact Incorporated Impact
Would the project:
a) Exceed wastewater treatment requirements of the � � � �
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of � � � �
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing � � � �
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve
the project from existing entitlements and � � � �
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the ❑ ❑ ❑ �
projecYs projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste ❑ ❑ ❑ �
disposal needs?
g) Comply with federal, state, and local statutes and � � � �
regulations related to solid waste?
Setting: (See discussion in Section 13 above— Public Services/Utilities)
Mitigation Measures: None Needed
Impact Significance After Mitigation: N/A
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INITIAL ENVIRONMENTAL STUDY
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16. GLOBAL CLIMATE CHANGE / GHG
Potentially Less Than Less Than
Significant Significant Significant NO
Im act With Mitigation Im act Impact
p Incorporated p
Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant ❑ ❑ ❑ �
impact on the environment?
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions ❑ ❑ ❑ �
of greenhouse gases?
Setting: Certain gases in the earth's atmosphere, classified as Greenhouse Gas Emissions
(GHGs), play a critical role in determining the earth's surface temperature. Solar radiation enters
the earth's atmosphere from space. A portion of the radiation is absorbed by the earth's surface,
and a smaller portion of this radiation is reflected back toward space. This absorbed radiation is
then emitted from the earth as low-frequency infrared radiation. The frequencies at which bodies
emit radiation are proportional to temperature. The earth has a much lower temperature than
the sun; therefore, the earth emits lower frequency radiation. Most solar radiation passes
through GHGs; however, infrared radiation is absorbed by these gases. As a result, radiation
that otherwise would have escaped back into space is instead "trapped," resulting in a warming
of the atmosphere. This phenomenon, known as the greenhouse effect, is responsible for
maintaining a habitable climate on Earth. Without the greenhouse effect, Earth would not be
able to support life as we know it. Prominent GHGs contributing to the greenhouse effect
include:
1) Carbon Dioxide (CO2) is an odorless, colorless gas that is emitted by mobile and stationary
sources as a result of incomplete combustion of hydrocarbons or other carbon-based fuels.
CO2 is the most widely emitted GHG; fossil fuel combustion in stationary and mobile sources is
the primary source of anthropogenic (human-made) emissions. Due to the emergence of
industrial facilities and mobile sources in the past 250 years, the concentration of carbon dioxide
in the atmosphere has increased significantly
2) Methane (CH4) emissions come from biogenic sources, incomplete combustion in forest
fires, landfills, manure management, and leaks in natural gas pipelines. In the United States, the
top three sources of CH4 are landfills, natural gas systems, and enteric fermentation. CH4 is the
primary component of natural gas, which is used for space and water heating, steam
production, and power generation; 3) Nitrous oxide (N20) production sources include natural
and human-related sources. Primary human-related sources include agricultural soil
management, animal manure management, sewage treatment, mobile and stationary
combustion of fossil fuel, adipic acid production, and nitric acid production.
3) Hydrofluorocarbons (HFCs) are typically used as refrigerants for both stationary refrigeration
and mobile air conditioning. The use of HFCs for cooling and foam blowing is growing, as the
continued phase out of chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs)
gains momentum.
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4) Perfluorocarbons (PFCs) are compounds consisting of carbon and fluorine. They are
primarily created as a by-product of aluminum production and semi-conductor manufacturing.
PFCs are potent GHGs with a GWP several thousand times that of CO2, depending on the
specific PFC. Another area of concern regarding PFCs is their long atmospheric lifetime (up to
50,000 years) range from 5,700 to 11,900.
5) Sulfur hexafluoride (SF6) is a colorless, odorless, nontoxic, nonflammable gas. It is most
commonly used as an electrical insulator in high voltage equipment that transmits and
distributes electricity. SF6 is the most potent GHG that has been evaluated by the
Intergovernmental Panel on Climate Change (IPCC) with a GWP of 23,900; however, its global
warming contribution is not as high as the GWP indicates due to its low mixing ratio compared
to CO2 (4 parts per trillion (ppt) in 1990 versus 365 parts per million (ppm)). Human-caused
emissions of these GHGs in excess of natural ambient concentrations are responsible for
intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth's
climate, known as global climate change or global warming. It is extremely unlikely that global
climate change of the past 50 years can be explained without including the contribution from
human activities.
Climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and
toxic air contaminants, which are pollutants of regional and local concern. Whereas pollutants
with localized air quality effects have relatively short atmospheric lifetimes (about 1 day), GHGs
have long atmospheric lifetimes (1 year to several thousand years). GHGs persist in the
atmosphere for long enough time periods to be dispersed around the globe. Although the exact
lifetime of any particular GHG molecule is dependent on multiple variables and cannot be
pinpointed, it is understood that more CO2 is emitted into the atmosphere than is sequestered
by ocean uptake, vegetation, and other forms of sequestration. Of the total annual human-
caused CO2 emissions, approximately 54 percent is sequestered through ocean uptake, uptake
by northern hemisphere forest regrowth, and other terrestrial sinks within a year, whereas the
remaining 46 percent of human-caused CO2 emissions remains stored in the atmosphere.
Global Warming Potential (GWP) - Water vapor is also a GHG, and is naturally occurring and
unregulated. The most abundant GHGs are water vapor and CO2. Many other trace gases have
greater ability to absorb and re-radiate long wave radiation; however, these gases are not as
plentiful. For this reason, and to gauge the potency of GHGs, scientists have established a
GWP for each GHG based on its ability to absorb and re-radiate long wave radiation and uses
CO2 as the reference gas with a GWP of one.
Similarly, impacts of GHGs are borne globally, as opposed to localized air quality effects of
criteria air pollutants and toxic air contaminants. The quantity of GHGs that it takes to ultimately
result in climate change is not precisely known. The quantity is enormous, and no single project
alone would measurably contribute to a noticeable incremental change in the global average
temperature, or to global, local, or micro climate. From the standpoint of CEQA, GHG impacts
related to global climate change are inherently cumulative.
Attributinq Climate Chanqe Greenhouse Gas Emission Sources: Emissions of GHGs
contributing to global climate change are attributable in large part to human activities associated
with the transportation, industrial/manufacturing, utility, residential, commercial and agricultural
emissions sectors (California Air Resources Board (ARB), 2008). In California, the
transportation sector is the largest emitter of GHGs, followed by electricity generation (ARB,
2010). Emissions of CO2 are byproducts of fossil fuel combustion. CH4, a highly potent GHG,
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
results from off-gassing is largely associated with agricultural practices and landfills. N20 is also
largely attributable to agricultural practices and soil management. CO2 sinks, or reservoirs,
include vegetation and the ocean, which absorb CO2 through sequestration and dissolution,
respectively, two of the most common processes of CO2 sequestration.
State Greenhouse Gas Emissions Inventory: According to different ranking systems, California
is the 12th to 16th largest emitter of CO2 in the world (California Energy Commission (CEC),
2006). California produced 484 million metric tons (MMT) of CO2 equivalent (CO2e) in 2004 at
its peak over the inventory period, and produced 478 MMT in 2008 (ARB, 2010). CO2e is a
measurement used to account for the fact that different GHGs have different potential to retain
infrared radiation in the atmosphere and contribute to the greenhouse effect. This potential,
known as the GWP of a GHG, is dependent on the lifetime, or persistence, of the gas molecule
in the atmosphere. For example, as described in Appendix C, "Calculation References," of the
General Reporting Protocol of the California Climate Action Registry (CCAR, 2009), one ton of
CH4 has the same contribution to the greenhouse effect as approximately 21 tons of CO2.
Therefore, CH4 is a much more potent GHG than CO2. Expressing emissions in CO2e takes
the contributions of all GHG emissions to the greenhouse effect and converts them to a single
unit equivalent to the effect that would occur if only CO2 were being emitted. Combustion of
fossil fuel in the transportation sector was the single largest source of California's GHG
emissions in 2008, accounting for 37 percent of total GHG emissions in the state (ARB, 2010).
This sector was followed by the electric power sector (including both in-state and out-of-state
sources; 24 percent) and the industrial sector (19 percent).
Local Inventorv: Both the City and the County of Mendocino are currently preparing
Greenhouse Gas Emission Inventories and Climate Action Plans. To date, these plans have
not been adopted and neither the City nor the County have GHG emission inventories.
Potential Impacts: California is the 12th to 16th largest producer of GHGs in the world,
producing 478 MMT in 2008. This is a fraction of the GHGs generated throughout the world, and
an individual project cannot generate enough GHG emissions on its own to significantly
influence global climate change. A project participates in this potential impact to the extent its
incremental contribution, combined with the cumulative contributions of all other sources of
GHGs, when taken together, is considerable in its contribution to global climate change impacts.
Although a numeric threshold is typically the best measure for determining significance in CEQA
analyses, no agency with jurisdiction over the proposed project, or the area in which the project
is located, has adopted a quantitative threshold. However, on June 3rd, 2010 the Mendocino
County Air Quality Management District (MCAQMD) Air Pollution Control Officer issued new
CEQA guidance for the MCAQMD which requested that planning agencies and consultants use
the Bay Area Air Quality Management District (BAAQMD) CEQA Thresholds adopted on May
28th, 2010 (updated May 2011) to evaluate new projects. The BAAQMD's approach to
developing a threshold of significance for GHG emissions is to identify the emissions level for
which a project would not be expected to substantially conflict with existing California legislation
adopted to reduce statewide GHG emissions needed to move us towards climate stabilization. If
a project would generate GHG emissions above the threshold level, it would be considered to
contribute substantially to a cumulative impact, and would be considered significant.
The proposed new Downtown Zoning Code is intended to fulfill the goals, objectives and
strategies of the Ukiah General Plan by encouraging the development of a healthy, safe,
diverse, compact, forested and walkable urban community. An underlying goal of the new Code
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is to encourage bicycling, walking, and the use of other alternative transportation sources. It
also requires tree planting to create shaded public spaces and shaded buildings. In doing so,
the Code would reduce the amount of greenhouse gas emissions attributable to vehicle use that
would occur under the current code, and reduce energy consumption.
Additionally, the new Code allows and encourages a mixed of office, retail, commercial, and
residential uses, and the project area is in close proximity to other similar land uses. These
attributes would reduce overall emissions associated with build-out (redevelopment) of the
project area. In a 2009 Study entitled "The Factors of Urban Morphology in Greenhouse Gas
Emissions: A Research Overview" by Michael Mehaffy, Stuart Cowan, and Diana Urge-Vorsatz,
it was concluded that compact urban form development can produce less greenhouse gas
emissions and require less energy consumption:
"Moreover, we know that a compact urban form can mitigate heat island effects,
affecting cooling demands, and can correlate with more or less efficient building
morphologies. More difficult to assess, the form can affect the behavior and
consumption patterns of individual energy users, as they make decisions about a
range of possible activities that affect energy consumption and emissions."
"The evidence indicates that that these factors, and possibly others, create major
variations in energy use per person, and major emissions and other contributions
to climate change. The variation is not marginal, but, taken as whole, a
significant percentage of all energy use: the evidence herein will suggest that it
is perhaps on the magnitude of one-third of all energy use."
For these reasons, the proposed project would not result in a considerable contribution to
cumulative GHG emissions. These same factors suggest the proposed project would not result
in inefficient, wasteful or unnecessary consumption of energy, and per the criteria described in
Appendix F of the CEQA Guidelines.
The proposed project would not be anticipated to generate GHG emissions, directly or indirectly,
that would have a significant impact or cumulatively considerable contribution to climate change
due to the fact that the project area already is substantially built-out and redevelopment under
the new Code would result in an increase in bike lanes, wider sidewalks, increased tree
planting, energy efficient buildings, etc.
Finally, any future proposed development would be subject to the requirements of the California
Environmental Quality Act, and an Initial Environmental Study would be required to determine if
future development would generate and cumulatively contribute greenhouse gas emissions into
the local environment. At this time, it is premature and would be speculative and unreasonable
to assume what size, scale, and intensity of development would possible be proposed in the
future and if greenhouse gas emissions would be produced.
Mitigation Measures: None Needed.
Impact Significance After Mitigation: N/A
(Source of Information for this Section: Final EIR — New Ukiah Courthouse Proiect, judicial Council of
California, Administrative Office of the Courts, April, 2012)
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MITIGATION MONITORING AND REPORTING: AB 3180 requires all public agencies to adopt
a monitoring and reporting program whenever they adopt an EIR or "Mitigated Negative
Declaration."
Impact Mitigation Measure Responsibility Timing Verification
1. Prior to any future site
Air Quality: Short- disturbance, grading or The applicants During all
term production of excavation of soil,the of future phases of
particulate matter project proponents shall projects are construction
(PM-10)resulting submit an application to responsible for
from future the Mendocino County implementing
construction activities Air Quality Management the mitigation
District to determine if a measures. City
permit is required. Public Works
Staff are
2. The project responsible for
contractors/applicants verifying
for future projects implementation.
involving grading and the
disturbance of soil shall
prepare a dust control
plans. The project
contractors shall be
responsible for ensuring
that all adequate dust
control measures are
implemented in a timely
manor during all phases
of the project. The dust
control plans shall
include, at minimum,the
following measures:
a. Water shall be
applied by means of
truck(s), hoses,
and/or sprinklers as
needed prior to any
land clearing or
earth movement to
minimize dust
emissions.
b. All material
excavated,
stockpiles, or graded
shall be sufficiently
watered to prevent
fugitive dust from
leaving the site or
causing a public
nuisance. Watering
should occur at least
twice daily, however
frequency of
watering shall be
based on the type of
operation,soil,and
wind exposure.
c. All on-site vehicle
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
speed shall be
limited to 15 miles
per hour(mph)on
unpaved roads.
d. All land clearing,
grading, earth
moving, and/or
excavation activities
shall be suspended
as necessary, based
on site conditions,to
prevent excessive
windblown dust
when winds are
expected to exceed
20 mph.
e. All inactive portions
of the disturbed site,
including soil
stockpiles, shall be
covered or routinely
watered to control
dust emissions.
f. Paved areas
adjacent to the site
shall be routinely
swept or washed as
required to remove
excess
accumulations of silt
and/or mud,which
may have resulted
from grading and
excavation at the
project site.
Biological 3. Future development The applicants During site plan
Resources: projects in the planning of future review and
Potential impacts to area shall maintain a 50- projects are during all
the Gibson Creek foot building setback responsible for phases of
riparian corridor from the edge of the implementing construction.
resulting from future Gibson Creek riparian the mitigation
construction activities corridor, unless a shorter measures. City
distance is supported by Public Works
the State Department of and Planning
Fish and Game. Staffs are
responsible for
4. Future construction verifying
activities shall not cut, implementation
disturb, or remove native
riparian plants or trees
along the Gibson Creek
riparian corridor unless
supported by the State
Department of Fish and
Game.
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Cultural Resources:
Disturbance of pre- 5. If, during site grubbing, The applicants During all
historic or historic grading, soil excavation of future phases of
resources during or any aspect of future projects are construction
future construction project development responsible for
activities project, any pre-historic, implementing
historic, or significant the mitigation
cultural resources are measures. City
discovered,all work shall Planning Staffs
be halted and the is responsible
contractor/project for verifying
proponent shall implementation
immediately contact the
City of Ukiah Director of
Planning and Community
Development. The City
shall engage the services
of a qualified professional
archaeologist at the
expense of the project
proponents,to perform a
site reconnaissance and
to develop a precise
mitigation program, if
necessary.
Traffic: The US 6. Once a funding The applicants Prior to the
101/Perkins Street mechanism is identified of future issuance of
interchange— and implemented for projects are building permits.
currently operating at improvements to the US- responsible for
an unacceptable LOS 101/Perkins Street implementing
interchange,future the mitigation
development projects measures. City
shall contribute their fair Public Works
share payments toward Staffs is
the signalization and responsible for
roadway improvements. verifying
implementation
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INITIAL ENVIRONMENTAL STUDY
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UKIAH DOWNTOWN ZONING CODE
MANDATORY FINDINGS OF SIGNIFICANCE
Potentially Less Than Less Than No
FINDINGS Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporated
Does the project:
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?
Discussion: This Initial Environmental Study concludes that the adoption and implementation
of the new Downtown Zoning Code would not have potentially significant adverse impacts on
the environment for the following reasons:
1. The project area is substantially built-out and future redevelopment under the proposed
new Code will result in increased bike lanes, wider sidewalks, increased tree plantings,
revitalization of Gibson Creek, etc.
2. No increase in potential density or intensity of land uses from what is currently allowed
or permitted would result.
3. It requires wider sidewalks, bicycle paths/routes, street trees, and other features to
promote walking, bicycling, and the use of other alternative modes of transportation.
4. It allows for the mixing of land uses to promote walking, bicycling, and the use of other
alternative modes of transportation.
5. It requires the preservation and enhancement of Gibson Creek and its riparian corridor.
6. It requires the preservation of landmark trees and includes standards to preserve and
enhance the historic downtown.
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7. It requires all newly proposed development to be consistent with the requirements of the
Airport Master Plan and Mendocino County Airports Land Use Plan.
8. No mineral resources or agricultural lands are located within or in close proximity to the
project area.
9. There are adequate public services to serve future development in the project area.
10. It promotes and encourages 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 Gibson Creek
corridor, tree planting, and tree preservation).
11. Reasonable and feasible mitigation measures have been identified to eliminate or
reduce potentially significant adverse impacts to levels of insignificance.
12. Any future development would be subject to the requirements of the California
Environmental Quality Act, and an Initial Environmental Study would be required to
determine if future development would expose people to hazardous substances. At this
time, it is premature and would be speculative and unreasonable to assume what size,
scale, and intensity of development would possible be proposed in the future.
13. Review of recent environmental data prepared as part of the New Ukiah Courthouse
project (EIR) and Railroad Depot Site Land Acquisition and Soil Remediation project
(Mitigated Negative Declaration) provided up to date information on the environmental
setting, potential impacts from future development/redevelopment, and assisted in the
conclusions reached in this document.
14. The project would clearly provide benefits to the environment. These include
requirements for the preservation and restoration of Gibson Creek and its riparian
corridor; the preservation of landmark trees; the preservation and enhancement of the
historic fabric of the downtown; the requirement for wider sidewalks, bicycle
paths/routes, and street trees — all design to enhance pedestrian and bicycle use and
discourage automobile use, thereby reducing air pollution and greenhouse gas
emissions.
Accordingly, it has been determined that a Mitigated Negative Declaration is appropriate for the
project.
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INITIAL ENVIRONMENTAL STUDY
MITIGATED NEGATIVE DECLARATION
UKIAH DOWNTOWN ZONING CODE
DETERMINATION:
On the basis of this initial evaluation:
❑ I 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 impacY' 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 proposed project, nothing further is required.
Signature: Date:
Charley Stump, Director
Department of Planning &Community Development
City of Ukiah
75
INITIAL ENVIRONMENTAL STUDY
DOWNTOWN ZONING CODE
REFERENCES CITED
1. Citv of Ukiah General Plan, 1995, 2011 (Housing Element)
2. The Linkage Between Land Use, Transportation and Air Qualitv, State Air Resources Board, 1993.
3. The Land Use - Air Qualitv Linkage: How Land Use and Transportation Affect Air Quality, State Air
Resources Board, 1997.
4. A Source of Air Qualitv Conditions Including Emissions Inventorv, Ozone Formation, PM10
Generation, and Mitigation Measures for Mendocino Countv, CA., Sonoma Technologies, Inc.,
November, 1998.
5. General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section,
Michael W. Skenfield, and October, 1991
6. Soil Survev of Mendocino Countv, Eastern Part, and Trinitv County, Southwestern Part, California, U.S.
Department of Agriculture - Soil Conservation Service, January, 1991.
7. A History of the Salmonid Decline in the Russian River, Steiner Environmental Consulting, August, 1996
8. Gibson Creek Habitat Enhancement and Public Access Studv, LSA Associates, September 2000.
9. Creek Maintenance Policies and Procedures, City of Ukiah, 2010
10. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975).
11. Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996
12. City Air Photographs: 2000, and 2001
13. City of Ukiah Citywide Circulation Study: Final Draft, Omni-means Engineers and Planners, November,
2006.
14. Downtown Ukiah Parkinq Improvement Study, W-Trans, December 27, 2007
15. Hazardous Waste and Substance Sites List from California Department of Toxic Substances
16. Greenhouse Gas, Climate Chanqe, and Enerqy, National Energy Information Center(NEIC) Energy
Information Administration.
17. Draft EIR- New Ukiah Courthouse Proiect,judicial Council of California, Administrative Office of the
Courts, October, 2011.
18. Final EIR- New Ukiah Courthouse Project,judicial Council of California, Administrative Office of the
Courts, April, 2012.
19. Initial Environmental Studv/Mitiaated Neqative Declaration: Railroad Depot Site Land Acquisition and
Sale/Soil Contamination Remediation, City of Ukiah Department of Planning and Community
Development, July, 2011.
20. Ukiah Redevelopment Aqencv 5-vear Implementation Plan 2007-2012
21. Mendocino Countv Economic and Demoqraphic Profile, 2010
22. Citv of Ukiah Historical and Architectural Resources Inventorv Report, 1984-85, 1999
23. Remedial Action Plan: Former Rail Yard, Ukiah, CA., Weston Solutions, June 2011
24. Draft Technical Memorandum of Floodplain Analvsis and Recommendations - Railroad Depot Site, Citv
of Ukiah.Weston Solutions, April 25, 2011.
25. The Factors of Urban Morpholoav in Greenhouse Gas Emissions: A Research Overview by Michael
Mehaffy, Stuart Cowan, and Diana Urge-Vorsatz, 2009
76
INITIAL ENVIRONMENTAL STUDY
DOWNTOWN ZONING CODE
�2t�.�h C EQA
Planning and Community M I T I G AT E D N E GAT I V E
Development D E C LARAT I O N
Downtown Zoning Code
PROJECT: Downtown Zoning Code DATE: May , 2012
PROJECT
PROPONENT: City of Ukiah, 300 Seminary Avenue, Ukiah
LOCATION: The project area is generally bounded by Oak Street on the west, Henry Street and Norton Street on the
north, Seminary Avenue and Cleveland Lane on the south, and Leslie Street on the east. The area also includes the parcels
fronting on East Perkins Street from Oak Street to Highway 101
PROJECT DESCRIPTION: The proposed Ukiah Downtown Zoning Code is a land development regulatory tool (Zoning)
that places primary emphasis on the urban form,the relationship of buildings to each other,to the street, and to open spaces
-rather than a code that is based primarily on land use. The Form Based Code:
. Places less emphasis on the use of land as opposed to the form and location of the build environment.
• Recognizes uses may change but the building remains.
. Encourages mixed use and a mix of housing types.
• Relies on design concepts and patterns intended to preserve the best of the downtown, creating more livable
environments and spaces.
• Achieves compatibility of uses through design and orientation, instead of strict land use separation.
• Gives more attention to the streetscape and the design of the public realm.
• Is based on a design focused public participation process.
The basic principle is that design is emphasized more than use. It includes simple and clear graphic prescriptions for building
height, how a building is placed on site, and how building elements are used to manage development. The form-based
approach of the proposed code regulates new infill development in the existing downtown core and Perkins Street corridor
with respect to the existing character/context, and prevents new out-of-scale development. The code supports mixed uses
with a range of housing types and commercial land uses with a focus on form, size, and placement of buildings, landscaping
and parking, and less on land use and density.
The proposed code includes sections addressing building and site uses, land use standards, site planning and development
standards, architectural standards, historic building standards, parking requirements, tree preservation and planting
requirements, and circulation standards.
ENVIRONMENTAL SETTING: The environmental setting of the Downtown and Perkins Street corridor area affected by
the proposed code is characterized by dense urban development. The Perkins Street corridor is the primary vehicular
access from State Highway 101 to the historic Downtown, and carries the heaviest number of vehicles during peak traffic
hours. The majority of the area is built out, but is ripe for redevelopment because many of the buildings are old and reachin g
their practical usefulness. Additionally, there are a number of vacant parcels in the boundaries of the code area, most
notable the property referred to as the Railroad Depot parcels. This approximate 10 acre property is prime for
redevelopment and represents a significant opportunity site for future development.
Gibson creek also flows through portion of the area from the northwest to the southeast. This stream supports animal
populations in its riparian bands, as well as aquatic life, including migrating salmon and steelhead fish.
77
INITIAL ENVIRONMENTAL STUDY
DOWNTOWN ZONING CODE
FINDINGS SUPPORTING A MITIGATED NEGATIVE DECLARATION:
1. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated,
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,as mitigated,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,as mitigated,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,as mitigated,will
not result in environmental impacts that will cause substantial adverse effects on human beings,either directly or indirectly.
5. The Initial Environmental Study examined areas of potential impacts and based on the conclusions reached in the Initial
Environmental Study, it has been determined that the proposed project, as mitigated, would not in and of itself, have
significant adverse impacts on the environment for the following reasons:
a. No increase in potential density or intensity of land uses from what is currently allowed or permitted would result.
b. It requires wider sidewalks, bicycle paths/routes, street trees, and other features to promote walking, bicycling, and the use of
other alternative modes of transportation.
c. It allows for the mixing of land uses to promote walking,bicycling,and the use of other alternative modes of transportation.
d. It requires the preservation and enhancement of Gibson Creek and its riparian corridor.
e. It requires the preservation of landmark trees and includes standards to preserve and enhance the historic downtown.
f. It requires all newly proposed development to be consistent with the requirements of the Airport Master Plan and Mendocino
County Airports Land Use Plan.
g. No mineral resources or agricultural lands are located within or in close proximity to the project area.
h. There are adequate public services to serve future development in the project area.
i. It promotes and encourages 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 Gibson Creek corridor,
tree planting,and tree preservation).
j. Any future development would be subject to the requirements of the California Environmental Quality Act, and an Initial
Environmental Study would be required to determine if future development would expose people to hazardous substances. At this
time, it is premature and would be speculative and unreasonable to assume what size,scale,and intensity of development would
possible be proposed in the future.
k. Reasonable and feasible mitigation measures have been identified that would eliminate or reduce significant impacts to levels of
insignificance.
STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah
has determined that the project, as mitigated, will not have a significant effect on the environment, and
further, that this Mitigated 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.
Charley Stump, Director Date
Planning and Community Development
City of Ukiah
78
At�cachm�nt #
�
C!RMA�^chitects & Planners, Inc.
' RECEI�l3
■ architecture ■ planning ■ consulting q ,
Since 1946 JUL 2 6 2��6
July 19 , 2012 ��
City of Ukiah
Planning Department
Subject: 115 North Orchard Ave . - McDonalds
File No: 12-07-sdp-pc
The current 4 , 732 S . F . McDonald's with Play Place and basement is approximately 39
years old and is no longer relevant aesthetically and operationally. McDonalds is proposing to
completely raze the current site and all improvements, and provide a new facility that is better
equipped to serve the customers, crew and community. T the°din nt�exper�enceeand anand
contemporary place for the customers to gather and en�oy 9
efficiently operating facility that helps the crew serve them well .
The existing site layout has 3 driveways on North Orchard Ave . with no access from
East Perkins Street. The existing buitding is located at the west property line of North Orchard
Ave. at the middle of the site . The drive thru is on the North side of the building with parking on
the North , East and South side of the building . There is approximately less than 1 , 500 S . F. of
landscaping and a total of 33 parking stalls. The current operation of the building operates the
drive thru from 5am until Midnight and the lobby hours are from 5am until 11 pm . There are 100
seats within the dining room and Play Place area and currently has 36-40 employees .
McDonalds is proposing to completely remove the existing building and all site
components while maintaining the current freeway sign in its existing location . The new site
layout will place the drive thru lane entry on the east side of the property away from the parking
and building entry, and wrap around the building on the noa ound thOe front of the bu Iding to the
the customers will have the option to exit forward , or wrap
entry driveway. This site design will provide 10 ,985 S . F . of landscaping on-site which is
approximately 31 % of lot coverage and will exceed the 50% lot shade requirement with a
percentage of 55% . McDonalds �used a local landscape consultant, Johnson's custom
landscaping , to help choose native trees and landscaping for the site . There will be 24 parking
stalls provided on the south side of the building with a drive thru area that will allow for an
additional 13 cars stacked within the drive thru lane. There will be pedestrian access from North
Orchard Avenue and McDonald's will provide outdoor seating with shade structures . The site
will have both "U" shaped Bicycle rack, which will allow for 4 bikes and a bicycle locker which
will allow for an additional 4 bikes to be stored . Although there are no labeled designated
employee parking , the parking area on the south side of the proper�y will be for employees.
McDonalds would like to maintain the same operating hours with the construction of the new
building .
Carissimi Rohrer McM « llen Architects & Planners , Inc .
ERVIN E. MCMULLEN I BRUCE�LAROSE I MARS MCILVAlN
5921 folsom Blvd . Sacramento CA 95819 PH : 916 . 451 . 1500 FAX : 916.: 451 . 1600
www . crmarchitects . eom
McDonalds operations will continue to have 3 shifts per day — Open , Mid-day and
Closing with an average of 5- 10 employees per shift based on the time of day and day of week.
The new restaurant will have approximately 65-70 seats in the dining room area and additional
seating outside on a patio area . This area will be protected with a decorative fence and also
have shading for the customers who would like to be outdoors. The new building will not have a
play place or basement. The proposed building will also include LED wall sconce lighting on the
exterior and the interior dining area will also be LED lighting and water efficient plumbing
fixtures .
McDonald's has received , heard and appreciates the thoughts and concerns from the
planning commission . We have taken all those comments and the result is the current
proposed project presented to the Planning Commission . Building design , landscaping , site
layout and access to the site has all been considered and we are confident that the proposed
overall design makes the best of all conditions for the community, including the surrounding
areas, the customers, the employees and the local business person running this location . There .
were many comments indicating that this site is a gateway location to the city from the East
Perkins off ramp and the necessity to have this site updated and provide an attractive project at
the entry way to the city. McDonald 's has spent a particular amount of time with a local
landscape consultant in order to be sure that the most recent requests of the city in previous
projects are also reflected on this site. The overall size of the property puts many constraints on
what can be done within the site itself. Parking , landscaping , pedestrian access, vehicle access,
restaurant operations and several other aspects were taken into consideration and helped
shape the proposed design of this project. The design of the site allows for storm water to be '
filtered naturally at the northeast corner of the property. With such a small site , every aspect of a
commercial design is important in placement of all characteristics including location of required
functions such as the trash enclosure . Without it being close to either street or next to the
building itself, McDonalds feels that the location of the trash enclosure is screened from the
street frontage and still accessible the restaurant and for pick-up. There was also consideration ;
of pervious pavement but it was felt that the retention area that was provided would work '
considerably better.
McDonald's has requested input from city staff when considering pedestrian access to
the site. After discussions with public works on the best approach to address this, pedestrian
access has been provided on the west side of the site from North Orchard Ave. Per the public
works comments , access has not been provided from Perkins Street however, a decorative
barrier has been provided along this property line per the city guidelines . This barrier will help to
preserve the landscaping that will be located at the corner of these two intersections .
McDonald's respectfully presents this project for your review and approval . We have
proactively worked with the staff to present a project that will prove to be mutually beneficial to
all involved . This design will take a major corner and entry to the city of Ukiah that currently has
little landscaping , an outdated building and challenging site access and flow, and the end result
will be an attractive project that has gone through multiple design stages using sound
architectural design strategies . McDonald's is confident that the customers, crew and
community all will benefit from this rebuild project.
Sincerely,
Mark Mcilvain , Project Manager
CARISSIMI ROHRER MCMULLE(V
ARCHITECTS AND PLANNERS, INC
` Aft�chm�nt # �
:. �STAT"E OF CALIFORNIA EDMUND G. BROWN JR. , Govemor
PUBLIC UTILITIES COMMISSION
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-" 505"VAN NESS`AVENtlE �-` ' �aq
�SAN FRANGSCO, CA 94102-3298 �,��� - f�`
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June 19, 2012
Charloy Stump
City of Ukiah
300 Seminary Avenue
ITkiah, CA 95482
Re : Notice of Completion & Environmental Document Transmittal �
SCH # 2012062026 - City of Ukiah Downtown Zoning Code
Dear Ms. Siump :
As the state agency responsible for rail safety within California, the California Public Utilities
Commission (CPUC or Commission) recommends that development projects proposed near rail
corridors be planned with the safeiy of these corridors in mind. New developments and
improyements to existing facilities may increase vehicular traffic volumes, not only on streets and
at intersections, but also at at-grade highway-rail crossings. In addition, projects may increase
pedestrian traffic at crossings, and elsewhere along rail corridor rights-of-way. Working with
,: ) CPUC .staff early in project planning will help project proponents, agency staff, and other
reviewers to identify potential project impacts and appropriate mitigation measures, and thereby
improve the safety of motorists, pedestrians, railroad personnel, and railroad passengers.
We recommend that the City incorporate any improvements to the at-grade railroad crossings and
rail corridors into the existing City mitigation fee program to ensure that improvements get
programmed with an actual funding mechanism. This will also address project specific and
cumulative unpacts of new development projects to rail facilities. Otherwise, the burden could
eventually fall on one project or the City, depending on the level of significance and or safety
concerns. This could potentially affect the entitlement process for future development projects
according to CEQA. �
Thank you for your consideration of these comments. If you have any questions in this matter, �
please contact me at (916) 928-2515 or email at atm(a�cpuc.ca. ov.
S erely,
' G{ , A [ / F
�v��
---------- ---- __ __ ---- - - - ---_ _
�avid Stewart ----- -- ------ -- -- - -- - -- - - -- ---
Utilifies Erigineer �
Consurner Protection and SafeTy Division
Rail Transit and Crossings Branch
' � 180 Promenade Circle, Suite 115 �
Sacramento, CA 95834
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David Stewart
� Utilities Engineer ;
� State Public Utilities Commission �
� Consumer Protection and Safety Division . j
� Rail Transit and Crossings Branch j
� 180 Promenade Circle, Suite 115 �
! Sacramento, CA 95834 �
: . �
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. RE: Ukiah Downtown Zoning Code Mitigated Negative Declaration €
Response to Comments � :
Dear Mr. Stewart: �
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City staff is in receipt of your letter dated June 19, 2012 commenting on the recommended �
Mitigated Negative Declaration for the Ukiah Downtown Zoning Code project. While your ;
comments did not question or object to the Mitigated Negative Declaration , or suggest any . ;
specific language modifications, we do appreciate your recommendations conceming 1
incorporating any planned improvements to the at-grade railroad crossings and rail corridors �
into existing city fee programs to ensure actual funding mechanisms. �
� � �
City Planning staff have shared your correspondence with the City Department of Public Works s
to ensure internal communication on this matter. The Department of Public Works manages �
City projects that could involve rail crossings and they are aware of the need to program any �
such future projects into the Cify's adopted Capital Improvement Program. � :
� �
Thank you for your participation in the Downtown Zoning Code proje�t. If you would like �
additional information or have any questions, please contact me directly at (707) 463-6219 / ;
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Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com
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� STATE OF CALfFORNIA=BUSINESS TRANSPORTATTON AND HOUSING AGENCY EDM[MD G..BRO.WI•t )r. GdVemor
DEPARTMENT OF TRA.IVSI'�RTATION
AISTRTCT 1 , P. O. BOX 3700 : �„'� , �,
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LJk'tah Dow�ttown Zon,ing Code
SCA# 2012062.0.26
Kim 7oidan, Senior Planner
, Plarinirig & .Gommunity Deve.lopment Departxne��t
City of Uki�h :
300 Sertiiriatry Avenue
Ukiah, CA 954$2
Dear 1VIs. Jo�dan, .
Thank.you for giving . us the opportunity� to Comment on the 11ilitigated N�gative Declaration for the City of
Ukiah. Downtown Zoning Code. The. project is locaYed in the ceriter af Ul�ah, between �eminaryAve�ue
on :the Sou#h �nd Henry Street to �tarth and .frolrt. Oak Sn�ee� on �ttte West to .Route 10:1 on the East aiong
Pei�kins Sire.et. We have the following comments:
a The Trans.porta�ionfTr.a�ic section o.f the Mifigated Negative Decla��ation notes the potentiial impacts
#o the US Rout� 101 ramp iritersectiori5 :at the Perl,cins Street interch.ai��e on Page 64. �provEinents to
, address existing unacceptab�e condifions were origmally proposed :in 2005 by TJI�IvI Tr.affic
� Consu�tants. Th� Calt► ans �'roJect �tudy Report (PSR) f'r..om. �008 relieel upon the assumpfions of tlie
2005 TJICNI �tudy and included additional .geomef�•ic studies, buf did. not include a tra�c analysis, ;
Frotri Caltrans' 2Q:0:81'SR, the next step in the advanoemen�. af a pr.oject. is tlie oomplefi.on pf a tra��
study to deterrlline :t�e a�igi�opriateness of�the (TJKM) reeommendations. Additional •con. siderations
ware ide�ttified in the Caltrans PSR (see p�ge 7) fhat wil.l need to be ad.dr�ssed prior=to issuance .of a
Calfrans EnccQachi�ient Permit,
• Flease note that any work within ttie-�tate i7ght of way will :racjuire an �ppro�ed .eneroacliinerit permi�.
�ncroacliinent�permit applieafions are revievved for consisfencp with State standards and ate subj.ecf
to:Depaitme�t ap�ro�at. Reyu�sts.. �or Calh•ans elic.r:oachinent pei�nit applicaf't.o.n f.oims can be s�nt to :
Caltrans Distcict 1 Ferinits Office,' P..O. Box 3700, Eui•eka CA 95502-37�U; or req:uested by phone at
(707) 445 63`$9. For: additianal irifoy�mation; flie Caltrans Permit �L1?Ianual is available o.nline. at;
<http://www:dot.ca�ov%h 1c� h,affopsldevelo serv%geimits/?.
If you have questions or need further assistance; p:lease cantaet me at t(ie number above.
Sin�erely,
'� �..
Jesse Robertson �
_ _ _---- _- ------_ . _ _._. _
---- ----- ---- -- ------- -- --- - - - - -- -_ _ - - - —
Associate Tra.nsportafion Plannei•
District 1 Office of Regional & Commnnity Planning
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"Caltrans improves nrobility across C�lifa•nia"
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� Jesse Robertson �'�L
� Associate Transportation Planner � ;
! � State Department of Transportation � I
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E P. O. Box 3700 �
� Eureka, CA 95502-3700 �
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; RE: Ukiah Downtown Zoning Code Mitigated Negative Declaration �
; Response to Comments �
�
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` Dear Mr. Robertson: ;
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�� �
Cify staff is in receipt of your letter dated July 10, 2012 commenting on the recommended .
; Mitigated Negative Declaration for the Ukiah Downtown Zoning Code project. While your �
i comments did not question or object to the Mitigated Negative Declaration, or suggest any a
; specific language modifications, we do appreciafe your suggestions concerning the need for a �
. specific traffic analysis of the Perkins Street/US Route 101 intersections before any future j
encroachment permits are issued by CalTrans. ;
. �
City Planning staff have shared your correspondence with the City Department of Public Works � � �
to ensure intemal communication on this matter. They have indicated that they are aware of the �
2005 TJKM Report and 2008 �alTrans Project Study Report on this intersection that you :
referenced, and are pursuing funding for the traffic analysis and future improvements. 3
;
�
;
Thank you for your participation in the Downtown Zoning Code project. If you would like ;
additional information or have any questions, please contact me directly at (707) 463-6219 / ;
cstum � cit ofukiah. com =
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300 SEMINARY AVENUE UKIAH , CA 95482-5400
Phone# 707/463-6200 Fax# 707/463-6204 Web Address: wvuw.cityofukiah.com
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Article 18: Downtown Zoning Code
City Council Final Draft `Z
Article 18: 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
Section12: Administration and Procedures
Section13: Glossary
Tables
Table 1: Transect Zones(Section3: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: Accessory Building Standards(Section 6)
Table 8: Private Frontage Types(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 by Zone(Section 9)
Table 15: Vehicular Shared 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(Section10)
Table 20: LandmarkTrees on Private Property(Section10)
Table 21: Required Street Trees for Primary Streets(Section10)
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 LotTrees(Section10)
Table 25: Alternate Parking LotTrees(Section10)
Table 26: Required Riparian Trees(Section 10)
Table 27: Site Development Permit Procedures(Section12)
Table 28: Use Permit Procedures(Section12)
Table 29: Exception Procedures(Section 12)
City Council Final Draft 3
Figures
Figure 1: Zoning Map(Section 3)
Figure 2: Building Height(Section 6)
Figure 3 Building Siting (Setbacks) (Section 6)
Figure 4: Layers(Section 6)
Figure 5: Minimum Parking Space and Aisle Dimensions(Section 9)
Figure 6: Liner Building Concept(Section 9)
Figure 7: Conceptual Live/Work or Park Under Building (Section 9)
Figure 8: Circulation Map(Section 11)
Figure 9: Special Designations (Section 11)
Figure 10: Commercial Street with Parallel Parking and Bike Lanes(Section 11)
Figure 11: Commercial Street with Angled and Parallel Parking (Section 11)
Figure 12: Commercial Street with Parking(Section11)
Figure 13: Street with Parallel Parking (Section11)
Figure 14: Alley(Section11)
Article 18: 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.
I. 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 Final Draft 5
Article 18: Downtown Zoning Code Section 2. Applicabilitv
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 Article 18 (Downtown Zoning 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, Circulation Map,
and Special Designations Map. The site and development standards regulate such things as the
subdivision of land, building placement, and fa�ade 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 Requirements and Design Standards. 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).
I. 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 ofArticle 18 and the City
of Ukiah Zoning Ordinance and Subdivision Ordinance (Chapter 1 of Division 9), the provisions of Article
18 (Downtown Zoning Code)shall apply.
2.030 : Administration. The standards ofArticle 18 shall be administered as provided in Section 12:
and Administration and Procedures and enforced as provided for in Zoning Ordinance Article 22:
Interpretation, Enforcement Penalties, and Legal Procedure.
City Council Final Draft 6
Article 18: Downtown Zoning Code Section 3. Zoning
Section 3: Zoning
3.010: Applicability. The regulations in Section 3, 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 Article 18.
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 intensity of
development allowing a wide variety of commercial uses and residential uses located in mixed-
use buildings. This zone has small walkable blocks with regularly spaced street trees and
buildings set at the frontage line.
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
City Council Final Draft 7
Article 18: Downtown Zoning Code Section 3. Zoning
Code are determined by the zoning of parcel as shown on the Zoning Map.Any future devel-
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 Article 18 take precedence over those of
conflicting codes, regulations and standards adopted by the City of Ukiah, and other agencies to
the extent allowed by law. In particular, this Article (Downtown Zoning Code) supersedes Articles 3
through Article 17 and Articles 20 and 21 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 Final Draft 8
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Article 18: 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
R U R A L U R B A N
PROFILE
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TRANSECT T1 T2 T3 T4(GU) T5(UC) T6(DC)
NATURAL RURAL SUBURBAN GENERAL URBAN DOWNTOWN
ZONES URBAN CENTER CORE
NATURAL ZONE RURAL ZONE SUBURBAN ZONE GENERAL URBAN URBAN CENTER DOWNTOWN
ZONE ZONE CORE ZONE
Lands approximating Lands in open or Low density Mixed-use and Higher density mixed- The highest densiry,
or reverting to cultivated state or suburban residential residential urban use building types and intensity of
a wilderness sparsely settled. areas,differing fabric.It has a wide that accommodate development with
condition,including These include by allowing home range of building retail,offices, a wide variety of
lands unsuitable woodland,agricultural occupations.Planting types:single,side rowhouses and commercial uses
for settlement due lands,grasslands and is naturalistic with yard,and rowhouses. apartments.It has and residential uses
located in mixed-use
to topography, irrigable deserts. setbacks relatively Setbacks and a tight network of buildings.A tight
hydrology or deep.Blocks may landscaping are streets,with wide network of walkable
vegetation. Not used in this Code be large and the variable.Streets sidewalks,steady blocks,regularly
roads irregular to typically define street tree planting spaced street trees
Not used in this Code accommodate natural medium-sized blocks. and buildings set and buildings set at
conditions. GU Zone in this close to the frontages. the frontage line.
Not used in this Code Code UC Zone in this Code DC Zone in this 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
City Council Final Draft '�Q
Article 18: 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 zone
Park: A natural preserve available for unstructured recreation.A park �
may be independent of surrounding building frontages.Its landscape
shall consistof paths 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.Agreen
may be spatiallydefined 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 GU
landscape shall consist of paths,lawns and trees,formally disposed. UC
Squares shall be located at the intersection of important thoroughfares. DC
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 GU
landscape shall consist primarily of pavement. Trees are optional. UC
Plazas are typically located at the intersection of important streets. DC
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:Anopenspacedesignedandequippedfortherecreation �
of children. A playground should be fenced and may include an open GU
shelter. Playgrounds shall be interspersed within residential areas and UC
may be placed within a block. Playgrounds may be included within DC
�
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 �
City Council Final Draft 11
Article 18: Downtown Zoning Code Section 4. Buildinq 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 parcel 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 in 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 (Section12: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 Final Draft '�2
Article 18: Downtown Zoning Code Section 4. Buildinq and Site Uses
Table 3: Allowed Uses and Permit Requirements
Use Categories and Specific Uses (1) General Urban Urban Center powntown Additional
A Use Allowed by Right GU UC Core Zoning
AC Use Allowed Accessory to a Principal Use DC Requirements
MIUP Use Allowed with a Minor Use Permit by
MAUP Use Allowed with a Major Use Permit Code Section
- Use Prohibited
ASSEMBLY, EDUCATION,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)
Live entertainment AC AC AC Section 5.060
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 A A A
Hotel,motel A A A
RESIDENTIAL(2)
Dwelling-condominium(new,conversion) A A A Section 5.100
Dwelling-duplex A A -
Dwelling,multiple household A A -
Dwelling,second unit AC(7) AC(7) - Section 5.130
Dwelling,single household A A -
Dwelling,single room occupancy A(9) A(9) A(9) Section 5.140
Homeoccupation AC(1)(6) AC(1)(6) AC(1)(6) Section5.040
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 Section 5.110
Residential in mixed-use building A(9) A(9) A(9) Section 5.120
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 forAccessory Buildings.
11. Allowed accessory to a principal use and consistent with the requirements of Table 9:Development Standards for All Land Uses.
City Council Final Draft 13
Article 18: Downtown Zoning Code Section 4. Buildinq and Site Uses
Table 3:Allowed Uses and Permit Requirements
Use Categories and Specific Uses (1) General Urban Urban Center powntown Additional
A Use Allowed by Right GU UC Core Zoning
AC Use Allowed Accessory to a Principal Use DC Requirements
MIUP Use Allowed with a Minor Use Permit by
MAUP Use Allowed with a Major Use Permit Code Section
- Use Prohibited
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
Restaurant,cafe,coffeehouse A(4) A(4) A(4)
Restaurant-formula fast food - - - Section 5.090
Restaurant-outdoor dining(on-site) AC AC AC Section 5.070
Restaurant-sidewalk cafe(in the right-of-way) AC AC AC Section 5.080
Second hand store,thrift store MIUP MAUP MAUP
Shopping center - MAUP -
Smoke shop - - -
Specialty food and beverage sales with tastings A A A Section 5.150
SERVICES-BUSINESS, FINANCIAL, PROFESSIONAL(2)
Business support services A(3) A(3) A(3)
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).
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:Accessory Building Standards.
11. Allowed accessory to a principal use and consistent with the requirements of Table 9:Development Standards forAll Land Uses.
City Council Final Draft 14
Article 18: Downtown Zoning Code Section 4. Buildinq and Site Uses
Table 3: Allowed Uses and Permit Requirements
Use Categories and SpeCifiC Uses (1) General Urban Urban Center powntown 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
SERVICES-GENERAL(2)
Agricultural equipment sales or rental - - -
Child day care-day care center MIUP MIUP MIUP
Child day care-large family AC(1)(6) AC(1)(6) AC(1)(6) Section 5.050
Child day care-small family AC(1)(6) AC(1)(6) AC(1)(6)
Equipment rental A(5) A(5) -
Kennel,doggy daycare - - -
Laundromat A(5) A(5) -
Maintenance/Repair-client site services A(5) A(5) -
Maintenance/Repair-equipment,large appliances - - -
Maintenance/Repair-small equipment,small appliances A(5) A(5) A(5)
Personal services A(5) A(5) A(5)
Personal services-restricted - - -
Pet services,pet store A(3) A(3) A(3)
Safety services,fire station,police station A A A
Vehicle services-Major repair/body work - - -
Vehicle services-Minor maintenance/repair MIUP MIUP -
MANUFACTURING,WAREHOUSING(2)
Artisan/craft product manufacturing - A(3) -
Clothing and fabric product manufacturing - A(3) -
Metal products fabrication,machine,welding shop - - -
Small products manufacturing 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 forAccessory Buildings.
11. Allowed accessory to a principal use and consistent with the requirements of Table 9:Development Standards forAll Land Uses.
City Council Final Draft 15
Article 18: Downtown Zoning Code Section 4. Buildinq and Site Uses
Table 3:Allowed Uses and Permit Requirements
Use Categories and Specific Uses (1) General Urban Urban Center powntown 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 AC(2) AC(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
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 forAccessory Buildings.
11. Allowed accessory to a principal use and consistent with the requirements of Table 9:Development Standards for All Land Uses.
City Council Final Draft 16
Downtown Zoning Code Section 5. Standards for Specific Land Uses
Section 5: Standards for Specific Land Uses
5.010: Purpose. Section 5 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 Section 5 shall comply with the provisions of the
Section applicable to the specific land use, in addition to all other applicable provisions of Article 18 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 be-
tween 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 Section 5.030 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, trespassing,
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 guidance
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 neighboring uses.
City Council Final Draft '�7
Downtown Zoning Code Section 5. Standards for Specific Land 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 community garden
is located and the requirements of this section. Commercially maintained portable bathrooms are allowed
as accessory structures provided that they comply with accessibility standards and comply with the devel-
opment standards of the zoning district in which the community garden is located.
I. 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 Section 5.040 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 loca-
tion.
E. Identification. The home occupation shall not be identifiable from the property line by any means,
including 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 occupation
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 suppli-
ers 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 traffic or
parking in excess of that normally associated with a residential use, with no more than two (2) non-resi-
dent vehicles parked on the street at any given time and no idling of employee or customer vehicles.
I. 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 applica-
tion for and approval of a sign permit.
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J. Storage. Outside storage of supplies or equipment is prohibited.
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 Section
5.050 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 creation of
large family day care facilities, create more options for child care, and to make the operating characteris-
tics of these facilities compatible with surrounding uses.
B. Permit Required. No Large Family Day Care shall be conducted without application for and approv-
al 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, on-
street parking stalls adjacent to the site may be considered to satisfy this requirement.
F. Fencing and Barriers.
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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.
I. 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 Services
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 Entertainment. Live entertainment shall comply with the requirements of Section 5.060 where al-
lowed by Table 3:Allowed Uses and Permit Requirements.
A. Accessory Use. Live entertainment with four or fewer acoustical performers is allowed as an ac-
cessory use when it is clearly incidental to the primary use of the building or site and will not negatively
impact surrounding businesses and properties and hours of performance do not extend past 9:00 p.m.
B. Use Permit Required. The following types of live entertainment may be authorized with approval of a
Use Permit:
1. Bars, cocktail lounge. Live entertainment may be authorized at a bar or cocktail lounge with
Planning Commission approval of a Major Use Permit. The use permit shall address potential nega-
tive impacts to neighboring businesses and properties, and the possible need for Police and Fire
services that may result from the proposed live entertainment use.
2. Large group. Live entertainment performed by more than four persons may be authorized with
Zoning Administrator approval of a Minor Use Permit, except as provided for in Section 5.0600(B5).
3. Amplified entertainment. Amplified live entertainment may be authorized with Zoning Adminis-
trator approval of a Minor Use Permit, except as provided for in Section 5.0600(B5).
4. Extended Hours. Live entertainment may be authorized past the hours of 9:00 p.m. with Zoning
Administrator approval of a Minor Use Permit, except as provided for in Section 5.060(B5).
5. Planning Director Determination. When a use permit is required and the type of use permit re-
quired (minor or major) has not been prescribed by this section, the Planning Director shall determine
the level of use permit required. The Planning Director may refer any application for a live entertain-
ment use permit to the Planning Commission for public hearing.
C. Use Permit. Use permits for live entertainment shall be processed in compliance with UCC Section
9262. In addition to the findings required by UCC section 9262(E), an application for a Live Entertain-
ment Use Permit shall address the following considerations:
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1. Potential for loitering.
2. Adequacy of lighting for security and safety purposes.
3. Compatibility and suitability with the existing and allowed uses in the area and/or character of the
area, including but not limited to proximity to sensitive land uses such as residences, schools, parks,
daycare facilities, and churches.
4. Likelihood the use would facilitate the vitality, economic viability, and/or provide recreational or
entertainment opportunities in an existing commercial area without presenting a significant impact on
health and safety.
5. 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 prob-
lems in the area and/or to contribute to or aggravate an existing crime problem in the area.
6. The potential for the need for annual review of the Use Permit.
7. Other information deemed necessary on a case-by-case basis.
5.070: Outdoor Dining: On site outdoor dining shall comply with the requirements of Section 5.070 where al-
lowed by Table 3:Allowed Uses and Permit Requirements and only when the outdoor dining is incidental
to and part of the operation of a restaurant located on the same parcel.
A. Purpose: The provisions of this Section are intended to allow outdoor dining in association with a
restaurant located on the same parcel as the outdoor dining, where the outdoor dining is clearly incidental
to the adjacent restaurant use and will not negatively impact the operations and function of the existing
restaurant, including parking facilities, pedestrian access and circulation, and disabled access facilities.
B. Location of outside dining: Outdoor dining shall be located on the same site as the restaurant
which the outdoor dining will serve. Outdoor dining facilities, such as tables, chairs, umbrellas, etc., shall
not be located in pedestrian walkways, required parking spaces, or disabled access facilities (such as
parking spaces, walkways, entries, etc.). Outdoor dining areas may be located in landscaped areas if
located in such a manner as to not damage the landscaping.
C. Hours of operation: Days and hours of operation for the outdoor dining shall not extend beyond the
hours of operation for the restaurant which it serves. Tables, chairs, and all other furniture used in the op-
eration of an outdoor dining shall be removed from any pedestrian walkways and stored indoors at night
and whenever the cafe is not in operation.
D. Live entertainment: Outdoor dining shall not be used for live entertainment unless in compliance
with Section 5.060.
E. Tables, chairs,furniture, signage:
1. In order to provide adequate and safe ingress/egress, a minimum unobstructed pedestrian walk-
way width of 48 inches or the width of the doors, whichever is greater, shall be maintained. The
required width of the unobstructed pedestrian walkway shall extend from the front of the door(s)to
the public sidewalk. A reduced width may be approved by the Building Official in compliance with the
Building Code.
2. A minimum of 60 inches of unobstructed space shall be maintained between exits and any furni-
ture or fixtures related to outdoor dining, or as required by the Building Code, whichever is greater.
3. All outdoor dining furniture, including tables, chairs, umbrellas, and planters shall be movable.
4. Umbrellas shall be secured with a minimum base of not less than 60 pounds and shall leave a
vertical clearance of seven feet from the sidewalk surface.
5. Outdoor heaters are allowed subject to Fire and Building Code compliance. Non-live music and/or
speakers may be authorized with Zoning Administrator approval of a Minor Use Permit.
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6. No signage shall be allowed in the outdoor dining area except for the name of the establishment
on an awning or umbrella fringe and in compliance with this Section and UCC Division 3, Chapter 7
(Sign Ordinance).
F. Maintenance: The permittee is responsible for maintaining all outdoor dining furnishings and the
outdoor dining area in good condition, including but not limited to the following:
1. All outdoor dining furnishings and all exterior surfaces within the outdoor dining area shall be
easily cleanable and kept clean and free of debris.
2. The outdoor dining area and adjacent areas kept in a clean and safe condition.
G. Food and Beverages: Outdoor dining areas may only serve food and nonalcoholic beverages pre-
pared or stocked for sale at the adjoining indoor restaurant; provided, however, that the service of beer or
wine or both solely for on-premise consumption by customers within the outdoor dining area may be autho-
rized by the Planning Director and Police Department if each of the following requirements are met:
1. The outdoor dining operation is duly licensed, or prior to the service of any beer or wine will be
duly licensed by state authorities to sell beer or wine for consumption within the outdoor dining
area.
2. The authorized outdoor dining area is identified in a manner which will clearly separate and
delineate it from the areas of the sidewalk that will remain open to pedestrian traffic.
3. One or more signs, as approved as part of the encroachment permit, are posted during all times
the sidewalk cafe is in operation, which shall give notice to the cafes customers that the drinking
of beer or wine or the carrying of any open container which contains beer or wine is prohibited and
unlawful outside the delineated outdoor dining area.
Outdoor dining areas authorized by the Planning Department and Police Department and in compliance
with the requirements of Section 5.070 are exempt from UCC Section 6000.
H. Service Requirements:
1. Services areas (such as busing and service stations) may be located within the outdoor dining
area. Service areas shall comply with section 5.070(B) (location of outdoor dining). Outdoor food
preparation in the outdoor dining area is prohibited.
2. Restrooms for the outdoor dining area shall be provided in the adjoining indoor restaurant. Seat-
ing for the outdoor dining may be counted in determining the restroom requirements for the indoor
restaurant at the discretion of the Building Official.
I. Revocation: The outdoor dining may be revoked by the City upon finding that one or more of the
requirements of this Section have been violated or that the outdoor dining is being operated in a man-
ner that constitutes a nuisance.
5.080: Sidewalk Cafe: A sidewalk cafe shall comply with the requirements of Section 5.080 where allowed by
Table 3:Allowed Uses and Permit Requirements.
A. Purpose: The provisions of this Section are intended to allow a sidewalk cafe to operate in associa-
tion with an allowed restaurant use, where the sidewalk cafe is clearly incidental to the restaurant use and
will not negatively impact the right-of-way.
B. Permit Requirements: A sidewalk cafe shall require the approval of an encroachment permit from
the Department of Public Works and Planning and Community Development Department.
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C. Limitations and Requirements: A sidewalk cafe may be allowed only where allowed by Table 3 and
only when the sidewalk cafe is incidental to and part of the operation of an adjacent restaurant and when
in compliance with the following requirements of this Section.
1. Where permissible: A sidewalk cafe may be located on a public sidewalk immediately adjacent
to and abutting the indoor restaurant which operates the cafe provided that the area in which the side-
walk cafe extends is no farther along the sidewalk frontage than the operating indoor restaurant.
2. Location of sidewalk cafes: Each cafe shall be confined to a defined location on the sidewalk
immediately adjacent to the restaurant which operates the cafe.
3. Hours of operation: Sidewalk cafes may operate on days whenever fair weather would enhance
outdoor dining. The hours of operation shall not exceed 8:00 a.m. to 9:00 p.m. Tables, chairs, and
all other furniture used in the operation of a sidewalk cafe shall be removed from the sidewalk and
stored indoors at night and whenever the cafe is not in operation. Additional hours may be authorized
with Zoning Administrator approval of a Minor Use Permit.
4. Sidewalk clearances: A sidewalk cafe may be allowed only where the sidewalk is wide enough
to adequately accommodate the usual pedestrian traffic in the area, to comply with California State
accessibility standards and federal ADA requirements, and the operation of the proposed cafe.
5. Live entertainment: A sidewalk cafe shall not be used for live entertainment. Live entertainment
at sidewalk cafes may be authorized in compliance with Section 5.060.
D. Tables, chairs, furniture, signage:
1. All tables and chairs comprising a sidewalk cafe shall be situated in a safe fashion and away from
any sidewalk or street barrier including a bollard, and shall not be within eight feet of any designated
bus stop.
2. The dining area shall not impede the use of public furnishings such as lighting, benches, etc.
3. In order to provide adequate and safe ingress/egress, a minimum unobstructed public sidewalk
width of 48 inches shall be maintained for the entire length of the sidewalk cafe. The required width
shall extend from the front of the door(s)to the end of the sidewalk cafe.
4. A minimum of 60 inches of unobstructed space shall be maintained between exits and any furni-
ture or fixtures related to the sidewalk cafe, or as required by the Building Code, whichever is greater.
5. All sidewalk cafe furniture, including tables, chairs, umbrellas, and planters shall be movable.
6. Umbrellas shall be secured with a minimum base of not less than 60 pounds and shall leave a
vertical clearance of seven feet from the sidewalk surface.
7. Outdoor heaters are allowed subject to Fire and Building Code compliance. Music and/or speak-
ers may be authorized with Zoning Administrator approval of a Minor Use Permit.
8. No signage shall be allowed at the sidewalk cafe except for the name of the establishment on an
awning or umbrella fringe and in compliance with this Section and the Sign Ordinance (UCC Division
3, Chapter 7).
9. All furnishings and other items associated with the sidewalk cafe shall be removed from the side-
walk during non-operating hours of the cafe. Storage of these items outside may be authorized with
Zoning Administrator approval of a Minor Use Permit.
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E. Maintenance: The permittee is responsible for maintaining all outdoor dining furnishings and the
Sidewalk cafe area in good condition, including but not limited to the following:
1. All outdoor dining furnishings and all exterior surfaces within the sidewalk cafe area shall be
easily cleanable and kept clean and free of debris.
2. The sidewalk cafe area and adjacent areas kept in a clean and safe condition.
F. Food and Beverages: A sidewalk cafe may serve only food and nonalcoholic beverages prepared or
stocked for sale at the adjoining indoor restaurant; provided, however, that the service of beer or wine or
both solely for on-premise consumption by customers within the ares of the sidewalk cafe may be autho-
rized by the Planning Director and Police Department as part of the required encroachment permit if each
of the following requirements are met:
1. The sidewalk cafe operation is duly licensed, or prior to the service of any beer or wine will be duly
licensed by state authorities to sell beer or wine for consumption within the area of the sidewalk cafe.
2. The area in which the sidewalk cafe is authorized is identified in an manner, as part of the encroach-
ment permit, which will clearly separate and delineate it from the areas of the sidewalk that will remain
open to pedestrian traffic.
3. One or more signs, as approved as part of the encroachment permit, are posted during all times the
sidewalk cafe is in operation, which shall give notice to the cafes customers that the drinking of beer
or wine or the carrying of any open container which contains beer or wine is prohibited and unlawful
outside the delineated area of the sidewalk cafe.
Sidewalk cafes authorized by the Planning Department and Police Department as part of the required en-
croachment permit and in compliance with the requirements of Section 5.080 are exempt from UCC Sec-
tion 6000.
G. Service Requirements:
1. The outdoor preparation of food and busing and service stations are prohibited at the sidewalk cafe.
Outdoor service station may be authorized with Zoning Administrator approval of a Minor Use Permit.
2. Restrooms for the sidewalk cafe shall be provided in the adjoining indoor restaurant. Seating for the
sidewalk cafemay be counted in determining the restroom requirements for the indoor restaurant at the
discretion of the Building Official.
3. Trash and refuse receptacles for the sidewalk cafe shall not be permitted within the area designated
for the sidewalk cafe or on adjacent sidewalk areas and the permittee shall remove trash and litter as
they accumulate. Trash and/or refuse containers may be authorized within the outdoor dining area or
adjacent sidewalk areas with Zoning Administrator approval of a Minor Use Permit.
H. Power to prohibit operation of the sidewalk cafe: The City shall have the right and power, acting
through the City Manager or designee, to prohibit the operation of a sidewalk cafe at any time because of
anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems may arise from,
but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street
or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the per-
mittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe
will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power
of the City to prohibit the cafes operation at any particular time.
I. Conditions: In connection with granting the encroachment permit for a sidewalk cafe, conditions may
be imposed in granting approval as deemed necessary for the proposed operation to meet the operating
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Downtown Zoning Code Section 5. Standards for Specific Land Uses
requirements of this Section.
J. Modifications: In the event the City determines during the operation of an approved sidewalk cafe that
additional or revised conditions are necessary in order for the sidewalk cafe to comply with the require-
ments of this Section, the City shall have the ability to add additional conditions to the approved encroach-
ment permit.
K. Revocation: The encroachment permit to operate a sidewalk cafe may be revoked by the City upon
finding that one or more conditions of the permit or this Section have been violated or that the sidewalk cafe
is being operated in a manner that constitutes a nuisance, or that the operation of the sidewalk cafe unduly
impedes the movement of pedestrians past the sidewalk cafe.
5.090: Restaurant- Formula Fast Food: A formula fastfood restaurant shall comply with the requirements of
Section 5.090 when allowed by Table 3:Allowed Uses and Permit Requirements.
A. Purpose: The purpose of this section is to maintain the character of the area by limiting the type and
number of formula fastfood restaurants within the boundaries of the Code in order to reduce their impact
on the existing character of the area which is predominantly defined by smaller buildings, historic archi-
tecture, smaller walkable blocks, and smaller, independently owned businesses each with its own unique
visual appearance, character, and offerings of goods and services.
B. Formula Fastfood Restaurant- Prohibited. New restaurants meeting the definition of"Restaurant-
Formula Fastfood" included in Section 13: Glossary are prohibited within the boundaries of this Code.
C. Formula Fastfood Restaurant- Exemptions. Establishments meeting the definition of the exemp-
tion to"Restaurant- Formula Fastfood" shall be subject to the permit requirements established by Table
3:Allowed Uses and Permit Requirements for"Restaurant, Cafe, Coffee Shop."
D. Requirements for Formula Fastfood Restaurant- Exemptions. Establishments meeting the defini-
tion of the exemption to "Restaurant- Formula Fastfood"shall be allowed within the boundaries of this
Code in compliance with the following requirements:
1. Number: As of the date of the adoption of this Code, no more than four additional businesses
consistent with the exemptions allowed to"Restaurant- Formula Fastfood" in Section 13: Glossary
shall be allowed within the boundaries of this Code.
2. Storefront Size: The maximum storefront width shall not exceed 30 lineal feet.
3. Site Development Permit: Approval of a site development permit is required for any exterior
building modifications. A site development permit application shall include the following as well as the
items required by UCC Section 9263(B).
a. Design. Buildings shall be designed so that facades, signs and other appurtenances have
an integrated, harmonious and attractively arranged appearance, and in size and manner will not
adversely affect the appearance of surrounding development.
b. Sign Design. The use of halo-lit signs and dye-cut metal sign panels with individually illumi-
nated letters or logos, alternative materials or lighting solutions, and/or adjustments to the scale
of trademarks or logos may be required in place of internally illuminated or box type signs.
c. Sign Lighting. Internally illuminated signs are prohibited.
d. Window Signs. Advertising or any display of the corporate logo in the windows is prohibited.
e. Modifications. Modifications to the extent, size, or scale of the color scheme, trademark,
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Downtown Zoning Code Section 5. Standards for Specific Land Uses
service mark, signage and/or decor used throughout the exterior of the establishment may be
required in order to mitigate contrasting color schemes and/or harmonize and be compatible
with the color scheme, trademark, service mark, signage and/or decor/design of the surrounding
neighborhood.
f. Trash Disposal Plan: A"Trash Disposal Plan" shall be prepared and approved by the deci-
sion making authority. The Plan shall address litter control, trash collection, on-site storage,
and pickup on a regular basis. The Plan shall include proof of a contract with the City disposal
contractor, and specify that such a contract shall be maintained as a requirement for the issuance
and retention of the site development permit
5.100: Condominiums. New construction of condominiums and conversion of existing buildings to condomini-
ums shall comply with the requirements of Section 5.100 where allowed by Table 3:Allowed Uses and
Permit Requirements.
A. Permit Requirements. New construction of condominiums and conversion of existing buildings to
condominium are subject to City Council approval of a Tentative Subdivision Map in addition to the permit
requirements established by Table 27: Site Development Permit Procedures.
B. Development Standards. Construction of new condominiums and conversion of existing buildings to
condominiums shall comply with the development standards included in Article 18 for the specific zoning
district in which the property is located. Condominiums within the boundaries of the Downtown Zoning
Code are not subject to the requirements of UCC Division 9, Chapter 2,Article 12: Condominium Devel-
opment.
C. Density.As determined by the General Plan land use designation for the parcel on which the condo-
minium project is located.
D. Minimum Lot Size. As determined by Table 4: Site Development Standards.
E. Required Parking. The number of parking spaces required shall be provided as prescribed by Sec-
tion 9.020. The number of parking spaces required may be reduced as allowed by Section 9.030.
F. Location of Parking. Parking shall be located as prescribed by Section 9.050.
G. Usable Outdoor Space. Usable Outdoor Space as defined in Section 13: Glossary shall be provided
as a part of a condominium project and shall comply with the following requirements:
H. Private Outdoor Space: A minimum of 30 square feet of private outdoor space shall be provided for
each unit. Private outdoor space shall have a minimum depth of 3 feet and a maximum slope of 10%.
I. Common Outdoor Space: Common outdoor space may be provided in lieu of private outdoor space.
J. Storage: A minimum of 40 square feet of covered, secure storage shall be provided for each condo-
minium unit. Relief from this requirement may be authorized as part of the discretionary permit required
for the project. If no discretionary permit is required, relief from this requirement may be authorized with
Zoning Administrator approval of a Minor Use Permit.
5.110: Live/Work Units. A Live/work units shall comply with the requirements of Section 5.110 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 oc-
cupied 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.
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B. Limitations on use. The non-residential component of a live/work project shall be a use
allowed by Table 3:Allowed Uses and Permit Requirements. A live/work unit shall not be estab-
lished 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
normally associated with a residential use;
welding, machining, or any open flame work; or
any other activity or use determined by the Planning Director not to be compatible with
residential activities and/or having the potential to affect the health or safety of live/work
residents because the use may possibly create dust, glare, heat, noise, noxious gasses,
odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials,
processes, products, or wastes.
C. Density. Live/work units shall comply with the maximum density requirements of the appli-
cable general 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 regularly 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
accommodate commercial uses as evidenced by the provision of ventilation, interior storage,
flooring, and other physical improvements of the type commonly found in exclusively com-
mercial facilities used for the same work activity.
4. Integration of living and working space. Areas within a live/work unit that are desig-
nated as living space shall be an integral part of the live/work unit and not separated (or oc-
cupied 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.
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1. Occupancy. A live/work unit shall be occupied and used only by the operator of the business
located within the unit, or a household of which at least one member shall be the business opera-
tor.
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
levels 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 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.
5.120: Mixed-use Projects. Mixed-use Projects shall comply with the requirements of Section 5.120 where
allowed 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
relationship to the street front.
2. Provide for internal compatibility among different uses within the project.
City Council Final Draft `Z8
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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 combi-
nations of uses allowed by Table 3:Allowed Uses and Permit Requirements provided that where a
mixed-use project is proposed with a use which requires approval of a Use Permit, 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
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
and in compliance with Section 6: Site Planning and Development Standards.
F. Trash and recycling. Areas for the collection and storage of refuse and recyclable materials shall
be located on the parcel in location(s)convenient for both the residential and non-residential uses and
in compliance with Section 6: Site Planning and Development Standards.
G. Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact
the residential units and in compliance with Section 6: Site Planning and Development Standards.
H. Noise. All non-residential units shall be designed to minimize their adverse impacts on residential
units, in compliance with City noise regulations.
I. 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 Administra-
tor approval of a Minor Use Permit to ensure that the commercial use will not negatively impact the
residential uses within the project.
5.130: Second Units: A second unit shall comply with the requirements of Section 5.130 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.
City Council Final Draft `Zg
Downtown Zoning Code Section 5. Standards for Specific Land Uses
C. Architecture.
1. Existing Single-Family Home- No Modifications. When a second unit will be constructed
accessory to an existing single-family home and the exterior of the single-family home will not be
modified, the second unit shall incorporate the same or substantially similar architectural design
and details, building materials as the existing single-family home.
2. Existing Single-Family Home- Modifications. When a second unit will be constructed acces-
sory to an existing single-family home and the exterior of the single-family home will be modified,
the modifications to the single-family home and the design of the second unit shall comply with the
applicable development standards requirements of this Code.
3. New Single-Family Home. When a second unit will be constructed at the same time as a new
single-family home, the second unit and single-family home shall comply with the development and
architectural standards of this Code.
D. Access. The second unit shall have a separate door. In the event of an attached unit, the entrance
to the second 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.
E. Density. Second units are exempt from the density calculation.
F. 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
would be located or the adjoining parcel(s), whichever is greater.
G. Conversion. Existing structures proposed for conversion to a second unit shall comply with the
development standards of the zoning of the parcel on which the second unit would be located.
H. 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 indepen-
dently accessible.
I. Owner occupancy. One of the units on the parcel shall be occupied by the owner of the property.
J. Rental. The second unit may be used for rental purposes.
K. Size. The maximum size of a second unit shall be seven hundred fifty (750) square feet.
L. Subdivision. These regulations do not allow the division of property upon which a second unit is lo-
cated unless all requirements of the applicable zoning district, and any other requirements of this Code,
are met.
M. 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 ineter arrangement at
the property owner's option. Water, sewer, and electrical services shall be available prior to the issu-
ance of a building permit for a second unit.
5.140: Single Room Occupancy Facilities. A single room occupancy(SRO)facility shall comply with the
requirements of Section 5.140 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
City Council Final Draft 30
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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 facilities. 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 pro-
vided, 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.
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 requirements.
All common areas shall be fully accessible.
D. Management
1. Facility management. An SRO facility with 10 or more units shall provide on-site management
that includes a managers unit on the premises. An SRO facility with less than 10 units shall provide
a management office on-site.
2. Management plan. A management plan shall be submitted with the development application for
an 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.
City Council Final Draft 31
Downtown Zoning Code Section 5. Standards for Specific Land Uses
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 when in compliance
with the provisions of this Section.
5.150: Specialty Food and Beverage Sales with Tastings. Specialty Food and Beverage Sales with Tastings
shall comply with the requirements of Section 5.150 where allowed by Table 3:Allowed Uses and Permit
Requirements.
A. Days and hours of operation. Days and hours of operation shall be limited to daily from 10:00 a.m.
to 10 p.m. Additional hours may be authorized with Zoning Administrator approval of a Minor Use Per-
mit.
B. Live entertainment. Live entertainment is allowed in compliance with Section 5.060 and may per-
form until 8 p.m. Other arrangements for live entertainment may be authorized with Zoning Adminisrtator
approval of a Minor Use Permit.
C. Outdoor seating. Outdoor seating is allowed in compliance with the applicable requirements for out-
door dining included in Section 5.070 or sidewalk cafes in Section 5.080.
D. Minor Use Permit. An application for a Minor Use Permit to allow additional operating hours and/
or live entertainment in a manner that exceeds the operating characteristics required in this section may
be authorized with Zoning Administrator approval of a Minor Use Permit. An application for a Minor Use
Permit shall address the following considerations:
1. Potential for loitering.
2. Adequacy of lighting for security and safety purposes.
3. Compatibility and suitability with the existing and allowed used in the area and/or character
of the area, including but not limited to proximity to sensitive land uses such as residences,
schools, parks, daycare facilities, and churches.
4. Likelihood the use would facilitate the vitality, economic viability, and/or provide recreational
or entertainment opportunities in an existing commercial area without presenting a significant
impact on health and safety.
5. 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.
6. The potential for the need for annual review of the Use Permit.
7. Other information deemed necessary on a case-by-case basis.
E. Minor Use Permit Findings. The above considerations shall be incorporated as findings for ap-
proval, conditional approval, or disapproval of a Use Permit for a Specialty Food and Beverage Sales
with Tastings in addition to the findings required by UCC Section 9262(E).
City Council Final Draft 32
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 zoning district in which the parcel is located.
Table 4: Site Development Standards
STANDARDS GENERAL URBAN URBAN CENTER DOWNTOWN CORE MODIFICATION TO
(1) GU UC DC STANDARD(2)
RESIDENTIAL DENSITY
(Also Subject to Airport Zone Restrictions)(3)
Minimum 10 units/gross acre 15 units/gross acre 15 units/gross acre Major Exception
Maximum(4) 28 units/gross acre 28 units/gross acre 28 units/gross acre Major Exception
BLOCK PERIMETER
Maximum(5) 1,500 lineal feet 1,400 lineal feet 1,000 lineal feet Major Exception
Maximum w/anchor build- 2,000 lineal feet 2,000 lineal feet 2,000 lineal feet Major Exception
ing or parking structure
LOT STANDARDS(6)
(Also Subject to Airport Zone Restrictions)
Lot Size-Interior(7)(8) 4,500 square feet 4,500 square feet 2,500 square feet Major Exception
Lot Size-Corner(7)(8) 5,000 square feet 5,000 square feet 3,000 square feet Major Exception
Lot Width(7)(8) 30 feet min 30 feet min 30 feet min Major Exception
Lot Depth(7)(8) 70 feet min 70 feet min 70 feet min Major Exception
Lot Coverage 70%maximum 80%maximum 90%maximum Major Exception
Lot Coverage with 70%maximum 100%maximum 100%maximum Major Exception
Structured Parking
Lot Configuration Rectilinear Major Exception
Lot Orientation Front on a Thoroughfare Major Exception
BUILDING 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 Tab/e 9:Development Standards forAll Land Uses
1. See Section 13:Glossary for an explanation of terms.
2. See Section 12:Administration and Procedures.
3. Any non-residential project exceeding a density of 90 people per acre is required to be referred to the Airport Land Use Commission for compatibility review.
4. 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.
5. Alternate circulation methods may be proposed in order to comply with the block perimeter requirements as allowed in Section 11:Circulation.
6. All new subdivisions shall comply with these lot standards.
7. No minimum when development is proposed and constructed as part of the subdivision.See Section 12:Administration&Procedures.
8. No minimum lot size or dimensions required for condominium projects when development is proposed and constructed as part of the subdivision.
City Council Final Draft 33
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 ZONE
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 i GU
the street frontage causes this building type to appear freestanding. i UC
A shallow frontage setback defines a more urban condition. If the f'-- �
adjacent building is similar with a blank party wall,the yard can be i
quite private. This type permits systematic climatic orientation in �
response to the sun or the breeze. j
�.--
Examples of uses often associated with this building type include
Duplex, Multifamily, Live/Work, and Mixed-Use.
b. RearYard.Abuilding that occupies the full frontage,leaving the rear
of the lot as the sole yard.This is a very urban type as the continuous GU
facade steadily defines the public thoroughfare.The rear elevations UC
may be articulated for functional purposes. In its Residential form, ----- DC
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,andMixed-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 GU
open only in the center(as shown)or may be open to one side in UC
a"C"configuration (Figure 3C).This is the most urban of types as DC
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- � -------------i
backs on all sides.This is the least urban building type as the front I
yard sets it back from the frontage, while the side yards weaken �
the spatial definition of the public Thoroughfare space. The front i
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. �
I
Edge yard buildings are prohibited in the GU, DC and DC zoning _______ __ __�
districts.
City Council Final Draft 34
Article 18: Downtown Zoning Code Section 6. Site Planninq and Development Standards
Table 6: Principal Building Standards
STANDARDS GENERAL URBAN URBAN CENTER DOWNTOWN CORE MODIFICATION TO
(1)(2) GU UC DC STANDARD (3)
BUILDING SITING(SETBACKS)
Front 0 ft.minimum 0 ft.maximum 0 ft.maximum Major Exception
10 ft.maximum
Front with sidewalk cafe/ 12 ft.maximum 12 ft.maximum 12 ft.maximum Major Exception
shopfront
Side 0 ft.minimum 0 ft.minimum 0 ft.minimum Major Exception
10 ft.maximum 10 ft.maximum 6 ft.maximum
Rear 6 ft.minimum 6 ft.minimum 6 ft.minimum Major Exception
Rear-corner lot no alley 6 ft.maximum 6 ft.maximum 6 ft.maximum Major Exception
(4)
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°/a minimum Major Exception
Side yard building(6) 40%minimum 40%minimum Prohibited Building Type Major Exception
COURTYARD BUILDING
Minimum area of 15%of total lot area Major Exception
courtyard
Minimum dimensions of 40 ft.when long axis of courtyard is oriented east-west Minor Exception
courtyard 30 ft.when long axis of the courtyard is oriented north-south
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
ShopfronUAwning 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)
New building 2 stories minimum 2 stories minimum 2 stories minimum Major Exception
2 stories maximum(8) 3 stories maximum(8) 4 stories maximum(8)
NUMBER 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 Major Exception
50%of the of the gross floor area of the existing building whichever is less may
continue the setbacks of the existing building.
Height(8) Additions not exceeding 1,000 square feet of gross floor area or Major Exception
50%of the of the gross floor area of the existing building whichever is less
may continue the existing building height.
Frontage type Exterior modifications(including additions)to buildings with non-conforming Major Exception
frontage types that will affect the building Frontage shall utilize an
allowed Frontage Type as required above.
1. Encroachment into the public right-of-way requires approval of an encroachment permit from the Public Works Department.
2. See Section13: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. Any building being proposed over
the story minimum in the B2 airport compatibility zone requires Mendocino County Airport Land Use Commission approval.
9. See Figures 2A and 2B:Building Height.
City Council Final Draft 35
Article 18: Downtown Zoning Code Section 6. Site Planninq and Development Standards
Table 7: Accessory Building Standards
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 Minor Exception
buildings are
Rear setback 3 ft.minimum 3 ft.minimum prohibited. Minor Exception
Rear setback-alley 14 ft.minimum from 14 ft.minimum from Major Exception
center line(3) 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 2B illustrate the building height for the building types
allowed in Table 4: Site Development Standards.
Figure 2A: Rear and Side Yard Building Height
��\ Measuring Building Height
/�i ���
i� �� 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.
�1
II 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
Figure 2B: Courtyard Building Height roof or the surface of a flat roof.The roof
above the eave and the parapet are excluded
from the height measurement.
�� �� �� ��
Max. �
�-----� �-----�
height 3 3 4. Building heights may be superseded by
Ukiah Airport Master Plan and Mendocino
2 � z CountyAirport Comprehensive Land Use
�— Plan height restrictions.
I
� 1 1
I
Street Alley
(Principal Frontage)
City Council Final Draft 36
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 of the parcel. Figures 3A, 3B, and 3C illustrate the setbacks
for Side Yard, Rear Yard and Courtyard building types.
Figure 3A: Side Yard Building
Frontage Alle (t ical)
❑ ❑ ❑
� Lot Types
� Corner
v I I Condition Corner Lot
�
�
o I This lot type has two"fronts"
� I Building Footprint located on streets that are
I nnid-block generally perpendicular
Condition (90-degree angle)to one another.
One front is located on each
—Lot Line frontage line.
Corner lots have two frontages,
one rear lot line, and one side lot
line. The rear and side shall be
Figure 3B: Rear Yard Building determined as part of the project
review process.
Frontage Alle (t ical)
� � The setbacks required in Table 6
� apply to both"fronts."
� Corner pouble Frontage Lot
� I I Condition (Thr'OUgh LOt)
� I I
o Building Footprint
11 I I This lot type has two"fronts"
I Mid-block located on streets that are
condition generally parallel to each other.
One front is located along each
frontage.
Lot Line
The setbacks required in Table 6
apply to both"fronts."
Figure 3C: Courtyard Building Interior Lot
Frontage Alle (t ical) This lot type has frontage on only
❑ ❑ one street.
❑ � Alley Access
Corner
v I Building Footprint Condition
� I I Lots may have access from a
o _ _ _ frontage and/or an alley.
� � I Alley access is encouraged, but
I � courtyard I Mid-block cannot provide the only access to
ICondition the parcel.
Lot Line
City Council Final Draft 37
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 are determined by Table 6: Principal Building Stan-
dards and based on the zoning of the parcel.
SECTION PLAN
Table 8: Private Frontage Types LOT R.O.W. LO R.o.w.
PRIVATE► t PUBLIC PRIVATE► t PUBLIC
FRONTAGE FRONTAGE FRONTAGEFRONTAGE
ZONE
a.Terrace or Light Court:The facade is set back from the �
frontage line by an elevated terrace or a sunken light court. CaU
This type buffers residential use from urban sidewalks and UC
removes the private yard from public encroachment.The
terrace is suitable for conversion to outdoor cafes.
I
I �
b.Forecourt:A portion of the facade is close to the frontage �
line and the central portion is set back. The forecourt cre- CaU
ated is suitable for vehicular drop-offs.This type should be UC
allocated in conjunction with other frontage types. Large DC
trees within the forecourts may overhang the sidewalks. � I
I
I �
c. Stoop: The facade is aligned close to the frontage line I
with the first story elevated from the sidewalk sufficiently
to secure privacy for the windows.The entrance is usually � �'aU
an exterior stair and landing.This type is recommended for UC
ground-floor residential use. DC
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 CaU
glazing on the sidewalk level and an awning that may UC
overlap the sidewalk to the maximum extent possible to � DC
within 2 feet of the curb.
� _ I
e. Gallery:The facade is aligned close to the frontage line � �
with an attached cantilevered shed or a lightweight colon- � � � CaU
nade overlapping the sidewalk. This type is conventional j i UC
for retail use.The gallery shall be no less than 10 feet wide I DC
and may overlap the whole width of the sidewalk to within I J
2 feet of the curb. I �
f. Arcade:The facade is a colonnade that overlaps the side- �
walk,while the facade at sidewalk level remains at the front- � � U C
age line. This type is conventional for retail use.The arcade ' � pC
shall be no less than 12 feet wide and may overlap the whole � I
width of the sidewalk to within 2 feet of the curb. � I �
I
I �
I �
City Council Final Draft 38
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 AND RECEPTACLES 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 Exception
type Rear yard building:3rd Layer
Courtyard building:4th Layer
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 of residential uses 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 by Table 3:Allowed USes and Permit Requirements.
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 Final Draft 39
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 Minor Exception
design and materials of the principal building.
Openings Minimum necessary to provide vehicular(including emergency vehicles and Minor Exception
garbage and recycling vehicles)and pedestrian access.
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 Minor Exception
and approved by the Planning Department.
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 Minor Exception
fluorescent,LED,or other lighting technology that is of equal or greater energy
efficiency.
Fixtures Hooded and/or shielded to force light downward and to prevent emission of light or Major Exception
glare beyond the property line.
Fixtures approved by the International Dark Sky Association are encouraged.
Glare/Reflection Confined to the maximum extent feasible within the boundaries of the site. Minor Exception
A photometric plan may be required in order to determine compliance with this
requirement.
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 Minor Exception
safety and security below.
Prohibited Blinking,flashing,or unusually high intensity of brightness as determined by the Major Exception
Planning Director.
Safety and Security- All areas having frequent vehicular and/or pedestrian traffic shall be equipped with Minor Exception(5)
during business hours a lighting device during the hours of darkness.
1. See Section 12: Administration and Procedures.
2. Planning Department approval of screening required when not part of a project that requires discretionary review.
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 Final Draft 40
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 4B 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
Frontage
Lot Line
r� _ _ 1st Layer _ _ _ _ �
I � � I
I � Corner
� Lot Side Yard&Rear Yard
� I � Side Yard I Buildings
� Building Footprint 1st layer is located between the front lot line and
v � the required setback line or facade line.
� ,
� J
a--�
� p 2nd layer is the first 20 feet behind the 1st layer.
O J I
L.L
� 3rd layer is the portion of the lot that is not the 1 st
� or 2nd layer.
Rear Yard I Interior
I � Utility boxes, HVAC units,direct vent fireplaces
� Building Footprint Lot and similar accessory site features in 3rd layer
I I only.
Trash facilities/recycling,outdoor storage yard in
I 3rd layer only.
� Open parking is allowed only in the 3rd layer.
I See Table 17:Parking Design Standards
2nd layer 3rd layer Loading docks,services areas,and trash/recycling
(20 feet) facilities prohibited on frontage(s).
Drive-thru lane prohibited on frontage(s).
Figure 4B: Courtyard Building - Corner Lot and Interior Lot Courtyard Buildings
Frontage 1st layer is located between the front lot line and
the required setback line or facade line.
Lot Line
� 2nd layer is the first 20 feet behind the 1st layer.
r� 1st Layer
II 3rd layer is the portion of the lot that is behind the
� courtyard 2nd layer and includes the courtyard.
Corner
I � LOt 4th layer is the portion of the lot that is not the 1 st,
I �, 2nd,or 3rd layers.
� Building Footprint I Utility boxes, HVAC units,direct vent fireplaces
and similar accessory site features in 4th layer
v � only.
� ,
� � Trash facilities/recycling,outdoor storage yard in
p J I 4th layer only.
� IOpen parking is allowed only in the 4th layer.
� Building Footprint See Table 17:Parking Design Standards
IJ I Interior
+, Loading docks,services areas,and trash/recycling
� LOt facilities prohibited on frontage(s).
I � courtyard I Drive-thru lane prohibited on frontage(s).
�
I2nd layer 3rd layer 4th layer
(20 feet)
City Council Final Draft 41
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 intertere 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 less 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) None
See Section 10.040(E6)
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, Maximum of 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 Final Draft 42
Article 18: Downtown Zoning Code Section 6. Site Planninq 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 or 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 or 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. Maintenance requirements are provided to ensure the long term health and viability of landscaping and trees.No modification is allowed to maintenance
requirements is allowed.
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 Final Draft 43
Article 18: Downtown Zoning Code Section 7. Architectural Standards
Se
Table 11: Frontage Types 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:Hard Acrylic
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 terms.
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 Final Draft 44
Article 18: 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.-Orientation Horizontal orientation is prohibited.
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.
Window-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,stone Minor Exception
Finish(6)
Facade-Location of Materi- Combined horizontally with heavier material below the lighter material Minor Exception
als
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 None(7)
Garden requirements.
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 Final Draft 45
Article 18: Downtown Zoning Code Section 8. Historical Buildinq 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).
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.
Demolition(as defined by UCC Allowed only with City Council approval consistent with UCC Section 3016
Section 3016(A)) Ukiah City Code Section 3016.
Facade Modification-Significant Allowed only with City Council approval consistent with UCC Section 3016
Ukiah City Code Section 3016
Improvement-Rehabilitation, Reflect a period of the building's development consistent with its historical, Major Exception
Restoration,Preservation, cultural,or architectural importance or interest.
Reconstruction
Residential Building-Conversion Preserve the residential characteristics of Major Exception
of Use the building's original architecture.
Residential Building-Renovation Preserve residential characteristics of the building's original architecture. Major Exception
Structural Modification-Major Preserve the building fa�ade if the building cannot be preserved. Major Exception
STOREFRONTS
Existing Original Retain original location,proportion,and details. Major Exception
Restore Original When the original storefront has been removed or significantly modified,restore Major Exception
the original storefront. The restoration shall be based on documentation of the
design of the original storefront.
Where no documentation exists,the design may be based on documentation of
the design of the storefront for similar buildings of the same era.
New Where no documentation of the original exists,traditional or modern design and Major Exception
materials may be proposed provided they do not detract from the building or
neighboring properties.
Proportions-Original Maintain when performing a rehabilitation,restoration,preservation or Major Exception
reconstruction.
DOORS
Original-Existing Original door openings and trim on facades shall be maintained in their Major Exception(3)
unaltered condition.
Original-Restore When the original door(s)have been relocated,replaced,or modified,doors Major Exception(3)
consistent with the original historic doors may be approved with documentation
of the original doors.
Modification to original Elimination,addition,or modification of the original size,location,and shape of Major Exception(3)
facade door openings is prohibited.
Replacement-Design The design of replacement doors shall reflect the character and style of the Major Exception
building.
Replacement-Materials Replacement of original materials shall be in kind materials. Major Exception
Replacement of non-original materials shall be compatible with
the materials for the building.
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 Final Draft 46
Article 18: Downtown Zoning Code Section 8. Historical Buildinq Standards
Table 13: Historical Building Standards
STANDARDS ALL ZONES MODIFICATION
TO STANDARD
WINDOWS
Openings-elimination and Elimination of existing and addition of new openings is prohibited on facades Major Exception(3)
addition and highly visible elevations.
Original Maintain and repair original openings,trim and any shutters. Major Exception
Replacement—Non-Original Modification to the opening is prohibited When the opening is in its original loca- Major Exception
Windows tion,modification of the opening is prohibited.
Based on documentation,the opening may be modified or relocated to restore
the original window opening(s).
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 fit
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.
AWNINGS AND CANOPIES
Design Design shall be based on evidence that the design was previously installed on Major Exception
the building and/or is typical for a building of the same style and era.
Lighting Back lighting and internal illumination are prohibited. Major Exception
Location The location shall not cover important architectural features. Major Exception
Proportion The proportion shall be designed to fit window openings. Major Exception
Materials Materials shall be those typically used for awnings for a building of the specific
design and era associated with the building.
Typical materials include cloth,metal and wood.
Storefront The configuration and proportions shall be compatible with the design of the Major Exception
storefront and shall not overpower the building.
SIDING
Masonry Retain and restore existing siding. Major Exception
Repair siding with in-kind materials.
Masonry-Replacement Use salvage material to replace siding. Major Exception
When salvage material is not available,new materials shall match the original in
size,color,uniformity and texture.
Non-Masonry Repair and restore existing using the original wood siding or Major Exception
in-kind salvage material.
When salvage is not available,new material(such as wood,cement fiber,
fiberglass,vinyl),shall match the dimensions,overlap,and surface texture of
the original wood siding.
Trim&Details Do not cover original trim and details. Major Exception
TRIM AND ORNAMENTATION
Missing Original—decorative Replicate from documentation of original details. Major Exception
details When documentation is not available,replicate based on details from buildings
of a similar design and era.
New—trim&decorative elements Shall not cover original details. Major Exception
Original—cornice,trim&decora- On front and side facades,restore and repair in kind. Major Exception
tive elements When replacement is necessary,replicate using in kind materials.
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 Final Draft 47
Article 18: Downtown Zoning Code Section 8. Historical Buildinq Standards
Table 13: Historical Building Standards
STANDARDS ALL ZONES MODIFICATION
TO STANDARD
ROOFS AND ROOF LINES
Chimney Retain original when it contributes to the character of the roof. 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 Allowed for a problem flat roof when not visible from a Minor Exception
Roof Frontage and does not impact the character of the building.
RENOVATION FORACCESSIBILITY(1)
Lifts and Ramps Incorporate into another feature,screen with landscape,and/or finish to match Major Exception
the adjoining materials.
Materials-General Materials shall be compatible with the building's original materials Major Exception
Materials-Handrail Materials shall be metal or wood. Major Exception
Wire and cable are prohibited.
Materials-Wood Wood shall be painted or stained to match the building. Major Exception
Openings& Ramps (2) Openings and ramps shall be located and designed to minimize impact on the Major Exception
historic and architecturally significant materials and character defining features.
PORCH
(Not an approved frontage type-See Table 6 and Section 6.060)
Original Retain and repair the original with in kind materials. Major Exception
Original—Alterations Minimize the effects of alterations on the historic character. Major Exception
Original—Rebuilding Replicate the original porch design,shape,materials,and details. Major Exception
Original—Replacement of Missing Replacement of missing porch is allowed with documentation of the original Refer to Process
porch. for Modification to
The replacement porch shall restore the design,shape,materials,and details of Frontage Type in
the original. Table 6
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 Final Draft 48
Article 18: Downtown Zoning Code Section 9. Parkinq 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 Section 9. 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 parcel shall be counted toward fulfilling the
parking requirements.
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.
Table 14: Number of Parking Spaces Required by Zone
Use General Urban Urban Center powntown Core Modification to
GU UC DC Standard (1)
Vehicle Parking
Civic To be determined by Major Exception Major Exception(2)
Lodging One (1)per quest room or suite Major Exception(2)
No additional parking is required for accessory facilities,such as restaurants,
meeting rooms,swimming pools,etc.
Office 1 for every 300 gross square feet Major Exception(2)
Residential 1.5 per dwelling unit 1.0 per dwelling unit 1.0 per dwelling unit Major Exception(2)
Restaurant 1 for every 300 gross square feet Major Exception(2)
Retail 1 for every 300 gross square feet Major Exception(2)
Other To be determined by Major Exception Major Exception(2)
Bicycle Parking
All Uses A minimum of 10°/a of the number of vehicle parking spaces required by this Table. Major Exception(2)
1. See Section 12: Administration and Procedures.
2. If a Use Permit is required,the parking requirement shall be determined through the Use Permit process and a Major Exception shall not be required.
City Council Final Draft 49
Article 18: Downtown Zoning Code Section 9. Parkinq Requirements and Design Standards
9.030: Reduction of Required Vehicle Parking. The parking required by Table 14 may be reduced in compli-
ance 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 Table 14: Number of Parking Spaces Required by Zone, multiplied by the
Shared Parking Factor applicable to the mix of uses.
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°/o) 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 Downtown Parking District No. 1 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
City Council Final Draft 50
Article 18: Downtown Zoning Code Section 9. Parkinq Requirements and Design Standards
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 proj-
ect 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 low impact
development improvements that treats all of the parking area(s) or the parking area is constructed of
permeable surfaces, the number of parking spaces required shall be reduced by twenty percent (20%).
If the LID improvements treat or permeable surface is used for only a fraction of the parking area, 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, except as provided below.
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. Compact spaces
shall not be combined with uni-stall spaces.
B. Uni-stalls. Uni-stall parking spaces may be used in place of a combination of standard and compact
City Council Final Draft 51
Article 18: Downtown Zoning Code Section 9. Parkinq Requirements and Design Standards
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
dimensions set forth in Section 9.060. Such obstructions shall not interfere with vehicular movement,
parking or the opening of vehicle doors.
City Council Final Draft 52
Article 18: Downtown Zoning Code Section 9. Parkinq Requirements and Design Standards
Table 16: Minimum Parking Space and Aisle Dimensions
Standard Parking Spaces (1)
A B C D E F
Angle of Parking Space Width Space Length Aisle Width
45 degree 9 feet 19.8 feet 13 feet 12.7 feet 52.6 feet
(one-way)
60 degree 9 feet 21.0 feet 18 feet 10.4 feet 60.0 feet
(one-way)
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
�
�i
F
�
City Council Final Draft 53
Article 18: Downtown Zoning Code Section 9. Parkinq 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 expansion of existing parking facilities shall comply with the Minor Exception
Expansion requirements of tables 16, 17 and 18.
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. None
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. Minor Exception(4)
Subtle 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 pro-
vide adequate load bearing(including geotechnical structures such as Invisible Structures Grasspave and Gravelpave products,or an approved equivalent.
City Council Final Draft 54
Article 18: Downtown Zoning Code Section 9. Parkinq Requirements and Design Standards
Table 18: Open Parking Lot Design Standards
STANDARD ALL ZONES MODIFICATION
TO STANDARD(1)
LANDSCAPING
Amount-%of parcel area Within and/or around the parking area,a minimum of 10°/o of the gross area of Minor Exception
the parking lot shall be provided as landscaping.
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 Final Draft 55
Article 18: Downtown Zoning Code Section 9. Parkinq Requirements and Design Standards
Figure 6: Liner Building Concept
With a liner building, the parking is located in the third or fourth layer with the liner units located along the street
frontage within the fist and second layers. The design of the building frontage is required to be consistent with the
frontage type allowed for the zoning district in which the parcel is located.
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City Council Final Draft 56
Article 18: Downtown Zoning Code Section 9. Parkinq Requirements and Design Standards
Figure 7: Conceptual Live/VVork or Park Under Building
.l._.
Garage Concept
� ' 7�+� � This conceptual plan provides the
option of ground floor parking or
�w
— ground floor work space.
� When the wall of the garage fac-
ing the street is designed as one
of the allowed frontage types and
accessed from an alley rather than
� the street, the garage may be lo-
, cated in the first or second layer.
�
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— This concept does not include
�� L"�� parking as part of the unit.
c�u�..
d.f,4 }
Parking could be provided along
the frontage of the parcel, in an
open parking lot on the site in
compliance with the parking layer
requirements, in a shared parking
��'�^� structure, or off-site.
�{ �,� �r�� Liner Concept Illustration
����
��� ��y� �
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
.
a
The number of stories is deter-
mined by the zoning district(GU,
., w.��K�x„E, �p��� UC, DC)and is subject to Airport
.� ��� � Zone Height Restrictions.
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City Council Final Draft 57
Article 18: 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 Section 10 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 or 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 Final Draft 58
Article 18: 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 times
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 Final Draft 59
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
2. 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.
3. Street Trees. If the City authorizes removal of a street tree in connection with a development
project, the replacement requirements shall be specified in the in the conditions of approval for
the permit for the development project.
F. Exceptions. The removal or relocation of protected trees is exempt from the provisions of this Sec-
tion under the following circumstances:
1. 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
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. 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 regarding 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.
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
be included as part of the landscaping plan submitted as part of the development permit applica-
tion.
D. Additional Requirements.Additional considerations for tree planting and landscaping are in-
cluded in Section 6, Table 10: Landscaping Standards forAll Development and Section 9, Table 17:
Open Parking Lot Standards.
E Street Trees Required. Residential, commercial, and industrial developments, and the develop-
ment of individual lots shall include the planting of street trees at developer's/property owner's
expense, including the following:
City Council Final Draft 60
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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.
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.
10.070: 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 Final Draft 61
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
Table 19: Protected Trees
COMMON NAME SIZE (2) MODIFICATION
SC/ENTIFIC 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 lobata
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 have 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 Final Draft 62
Article 18: 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 225 East Perkins Street 6 Major Exception
Quercus lobata
Coast Redwood 410 East Perkins Street 4 Major Exception
Sequoia sempervirens
Coast Redwood Perkins Street at Pear Tree Center 11 Major Exception
Sequoia sempervirens
Lebanon Cedar Perkins Street at Pear Tree Center 2 Major Exception
Cedrus libani
Dawn Redwood North School Street at West Standley 2 Major Exception
Metasequoia glyptosroboides
Cork Oak 107 Oak Street at the Saturday Afternoon Club 1 Major Exception
Quercus suber
Coast Redwood 107 Oak Street at the Saturday Afternoon Club 2 Major Exception
Sequoia sempervirens
Coast Redwood 108 Oak Street 1 Major Exception
Sequoia sempervirens
Coast Redwood 265 Clay Street 2 Major Exception
Sequoia sempervirens
Coast Redwood 220 Mason Street 1 Major Exception
Sequoia sempervirens
Valley Oak 320 Main Street 1 Major Exception
Quercus lobata
Valley Oak 324 Main Street 2 Major Exception
Quercus lobata
Coast Redwood 216 West Henry Street at Foundation for Medical Care 6 Major Exception
Sequoia sempervirens
Coast Redwood 400 Block North School Street-east side in parking lot 1 Major Exception
Sequoia sempervirens
Canyon Live Oak 400 Block North School Street-east side in parking lot 1 Major Exception
Quercus chrysolepis
Valley Oak 400 Block North School Street-east side in parking lot 2 Major Exception
Quercus lobata
Interior Live Oak 400 Block North School Street-east side in parking lot 2 Major Exception
Quercus wislizanli
Coast Redwood 100 Block of Norton Street 1 Major Exception
Sequoia sempervirens
Oak North State Street in front of the courthouse 1 Major Exception
Quercus
Southern Magnolia North State Street in front of the courthouse 2 Major Exception
Magnolia grandiflora
Tulip Magnolia North State Street southeast corner 2 Major Exception
Magnolia soulangiana in front of the courthouse
Dawn Redwood Corner of Standley and School Streets 2 Major Exception
Metasequoia glyptosroboides in front of the courthouse
Willows(numerous varities Gibson Creek corridor from Perkins Street to Leslie Street - Major Exception
Salix),cottonwoods,black walnut,live
oak,valley oak
1. See also Table 19:Protected Trees.
2. See Section 12: Administration and Procedures.
City Council Final Draft 63
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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City Council Final Draft 64
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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City Council Final Draft 65
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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City Council Final Draft 66
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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City Council Final Draft 67
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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City Council Final Draft 68
Article 18: Downtown Zoning Code Section 10. Tree Preservation and Planting Requirements
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City Council Final Draft gg
Article 18: Downtown Zoning Code Section 11. Circulation Standards
Section 11: Circulation Standards
11.010: Purpose.The purpose of Section 11 is to create a circulation system that balances the needs of the pedes-
trian, 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 walk-
able, 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 No grading or building permit shall be issued
and no discretionary entitlement shall be approved unless the proposed construction complies with this sec-
tion.
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 the 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
activities.
11.050: Streets. Figure 8: Circulation Map identifies existing streets, extensions of existing streets, and improve-
ments to existing streets. Figures 10-14 are the required thoroughfare 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 within 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 redevelop-
ment shall comply with one of the sections allowed within the boundaries of this Code as shown in
Figures 10-13. The appropriate street section will be determined as part of the development review
process.
C. Street Extensions. The purpose of the street extensions is to extend throughout the boundaries of
this Code the grid pattern of smaller walkable blocks that currently exists in the downtown, comply
with block perimeter standards included in Table 4: Site Development Standards, comply with the
circulation and other requirements of this Code, and to implement the Purpose of this Code included
in Section 1.
1. Required Street Extensions. This Code includes the required extensions of existing streets
identified below. Compliance with block perimeter and other requirements of this Code will be deter-
mined through the development review process.
a. Clay Street. Clay Street extended across the railroad tracks to connect to Leslie Street. The
extension of Clay Street over the railroad tracks requires approval of the Public Utilities Commis-
sion (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 include wide sidewalks, street trees, and bike lanes 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.
b. Hospital Drive. Hospital Drive extended to the extension of Clay Street. The location and de-
sign of the extension of Hospital Drive shall take into consideration the preservation and enhance-
ment of Gibson Creek.
City Council Final Draft 70
Article 18: Downtown Zoning Code Section 11. Circulation Standards
2. Recommended Street Extension. This Code includes the following recommended extensions of
existing streets:
a. 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
extended are assembled and redeveloped. In order to comply with the minimum block perimeter
standards, some form of circulation improvement may be required as part of a development pro-
posal. Compliance with the block perimeter requirement shall be determined as part of the project
review process.
b. Stephenson Street. Stephenson Street extended from Main Street terminating at the rail-
road right-of-way. This street extension is recommended if the parcels across which Stephenson
Street would be extended are assembled and redeveloped. In order to comply with the minimum
block perimeter standards, some form of circulation improvement may be required as part of a
development proposal. Compliance with the block perimeter requirement shall be determined as
part of the project review process.
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 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 Circulation Map. The re-
quired 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.
City Council Final Draft 71
Article 18: Downtown Zoning Code Section 11. Circulation Standards
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.
11.090: Exception to Circulation Design Standards. Modifications to the circulation design standards required in
Section 11 may be allowed with Planning Commission approval of a Major Exception as part of its review
of a specific subdivision or development proposal.
A. Findings Required. In order to approve an alternative design, the applicable findings required by
Table 29 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 and pedestrian/bike paths shown on the Cir-
culation Map or required by this Section and shall be consistent with required alignments.
A. Exception to Required Alignment. The relocation of a required street or pedestrian/bike path align-
ment may be allowed with Planning Commission approval of a Major Exception as part of its review of
a specific subdivision or development proposal.
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
mode of circulation 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. Figure 9: Special Designations Map identifies locations where storefront front-
age types (Shopfront and Awning, Gallery,Arcade)are required.
B. Recommended Storefront. Figure 9: Special Designations Map identifies locations where storefront
frontage types (Shopfront and Awning, Gallery,Arcade)are recommended but not required
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
City Council Final Draft 72
Article 18: Downtown Zoning Code Section 11. Circulation Standards
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
designated 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 Final Draft 73
Article 18: Downtown Zoning Code Section 11. Circulation Standards
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City Council Final Draft 74
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Article 18: Downtown Zoning Code Section 11. Circulation Standards
Figure 10: Commercial Street with Parallel Parking and Bike Lanes
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Movement Slow Movement
Speed 25 mph
Traffic Flow Two Ways
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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 Average
City Council Final Draft 76
Article 18: Downtown Zoning Code Section 11. Circulation Standards
Figure 11: Commercial Street with Angled and Parallel Parking
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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 Final Draft 77
Article 18: Downtown Zoning Code Section 11. Circulation Standards
Figure 12: Commercial Street with Parking
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Thoroughfare Type Commercial Street
Movement Slow Movement
Speed 20 mph
Traffic Flow Two Ways
Curb Radius 15 feet
Sidewalk Width 6 foot Sidewalk
Planter Type 7 foot Continuous
Street Trees 30-feet on Center Average
City Council Final Draft 78
Article 18: Downtown Zoning Code Section 11. Circulation Standards
Figure 13: Street with Parallel Parking
C/L
7' $' 8' 7'
c 5'Sidewalk Parking Lane Lane Parking 5'Sidewalk �
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Thoroughfare Type Street
Movement Yield Movement
Speed 25 mph
Traffic Flow Two Ways
Curb Radius 15 feet
Sidewalk Width 13 foot Sidewalk
Planter Type 5 foot Continuous
Street Trees 30-feet on Center Average
City Council Final Draft 79
Article 18: Downtown Zoning Code Section 11. Circulation Standards
Figure 14: Alley
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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 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 Final Draft 80
Article 18: Downtown Zoning Code Section 12. Administration
Section 12: Administration and Procedures
12.010: Purpose.The purpose of Section 12 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.
12.030:Site Development Permits. Table 27 establishes the procedures for review and processing of Site Devel-
opment Permits. Table 27 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 Final Draft 8'�
Article 18: Downtown Zoning Code Section 12. Administration
7. Landscape elements that integrate opportunities for outdoor use areas 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.
2. 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,
and color, which will remain aesthetically appealing and appropriately maintained; and the loca-
tion 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
requirements 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, parking
for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and deliv-
ery vehicles designed to promote safety and convenience and to conform to City standards and
City Council Final Draft 82
Article 18: Downtown Zoning Code Section 12. Administration
will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. Low
Impact Development (LID) design has 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 28 establishes the procedures for the review and processing of Use Permits. Table
28 establishes two levels of review for Use Permits, Minor Use Permit and Major Use Permit.
12.050: Exceptions. Where this Code allows specific requirements to be modified, such modification may be
allowed with approval of an Exception. Table 29: Exceptions establishes two levels of Exceptions, Major
and Minor, and the procedures for the review and processing of Exceptions.
12.060:Subdivisions. Shall comply with the requirements of UCC Division 9, Chapter 1.
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.
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.
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 required by the following:
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 12.110(A)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
number when the fraction/decimal is less than 0.5.
City Council Final Draft 83
Article 18: 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
structure, or the construction of a new structure shall not be allowed without Planning Commis-
City Council Final Draft 84
Article 18: Downtown Zoning Code Section 12. Administration
sion approval of a Major Use Permit.
3. Findings. In approving a Major Use Permit, the Planning Commission shall make the following
findings in addition the findings required by Section 9262(E):
a) The enlargement, expansion, extension, or increase would not increase the detrimental ef-
fects of the nonconformity; and
b) The structure complies with the development standards of the zoning district in which the
structure is located.
4. Site Development Permit. If a Site Development Permit is required, the Site Development
Permit is subject to Planning Commission approval and shall be reviewed in conjunction with the
Major Use Permit.
D. Loss of nonconforming status.
1. If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued
for a continuous period of at least six months, the rights to legal nonconforming status shall termi-
nate.
2. The nonconforming use shall not be resumed once the use has been terminated for at least six
months.
3. The Planning Director shall base a determination of discontinuance on evidence including the re-
moval of equipment, furniture, machinery, structures, or other components of the nonconforming
use, disconnected or discontinued utilities, or no business receipts/records to document contin-
ued operation.
4. Without further action by the City, any further use of the site shall comply with all of the regula-
tions of the applicable zoning district and all other applicable provisions of this Zoning Code.
12.140: Nonconforming Structures.
A. Continued, transferred, or sold. Nonconforming structures may be continued, transferred, or sold,
but only in compliance with the provisions of this Section.
B. Nonconforming structures and involuntary damage. Nonconforming status shall terminate if a
nonconforming structure is involuntarily damaged or destroyed by accident (e.g. fire, explosion, etc.)
or natural disaster(e.g. earthquake, etc.) provided that the structure may be repaired or reoccupied in
the following manner:
1. Damage up to 50 percent of market value. A nonconforming structure involuntarily damaged
up to 50% of its current market value (as defined by Subparagraph 12.140(D), below) may be
reconstructed, repaired, restored, and used as before; provided that the restoration is initiated
(as defined in Subparagraph 12.140(D), below)within 12 months, and is substantially completed
within 24 months from the date of application for the required Building Permit.
a) Process for reconstruction, repair, restoration.
1) The applicant provides documentation, satisfactory to the Planning Director, supporting
the claim that the damage or destruction occurred involuntarily;
2) No expansion of the gross floor area or number of dwelling units occurs;
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Article 18: 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 applicable 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
an appraisal from a licensed appraiser and the City's Building Official shall verify the apprais-
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Article 18: Downtown Zoning Code Section 12. Administration
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 the parcel size is decreased not more than 20 percent and the yard facing the public
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 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
its current location by this Code may continue, but only in compliance with the original Use Per-
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Article 18: Downtown Zoning Code Section 12. Administration
mit.
D. Previous permits. A use or structure which does not conform to the current regulations of the
subject zoning district, but for which a Building Permit, or a permit or entitlement approved in compli-
ance with the Zoning Code, was issued and exercised before the applicability of this Code, may be
completed; provided, the work is diligently pursued to completion. Upon completion these uses or
structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to
the provisions of this Section.
E. Public utilities. The provisions of this Section, concerning the required removal of nonconforming
uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not
apply to public utility structures when the structures pertain directly to the rendering of the service of
distribution of a utility(e.g., electric distribution and transmission substations, gas storage, metering,
and valve control stations, steam electric generating stations, water wells, pumps, etc.); nor shall any
provision of this Section be construed to prevent the expansion, modernization, or replacement of the
public utility structures, equipment, and features that are used for direct delivery of or distribution of
the service.
F. Public acquisition.
1. Nonconforming due to public acquisition. Whenever any structure or parcel is rendered non-
conforming within the meaning of this Section by reason of a reduction in a required parcel area,
reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or
purchase by, the City for any public purpose, or eminent domain proceedings, which result in the
acquisition by the City or any agency authorized for the eminent domain proceedings of a portion
of the property, the same shall not be deemed nonconforming with the meaning of this Section.
2. Required reconstruction, remodeling, or repair. Any required reconstruction, remodeling, or
repair shall be limited to that necessary to render the structure reasonably safe for continued use;
provided all reconstruction, remodeling, or repair work shall be substantially completed within 12
months from the date of the application for the required Building Permit.
12.180: Unlawful uses and structures. Uses and structures that did not comply with the applicable provisions of
this Zoning Code or prior planning and zoning regulations when established are violations of this Zoning
Code and are subject to the provisions of UCC Article 22 . This Chapter does not grant any right to continue
occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue
unless/until permits or entitlements required by this Zoning Code and the City Code are first obtained.
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Article 18: Downtown Zoning Code Section 12. Administration
Table 27: Site Development Permit Procedures (1)
Tiers Tier 1 Tier 2 Tier 3
Permit Type Site Development Permit Minor Site Development Permit) Major Site Development Permit
Building Permit Required Minor(SDP) (Major SDP)
�2)
Project Type New construction and additions New construction and additions New construction and additions
up to 1,000 sf 1,000-15,000 sf over 15,000 sf
Minor exterior facade modifica- Less than 1,000 sf of modification to exte- More than 1,000 sf of modification to
tions rior of historic building exterior of historic building
(see Table 13: (see Table 13:
Similar projects as determined by Historic Building Standards) Historic Building Standards)
the Planning Director
Up to 2 Minor Exceptions New condominiums
No Exception is required or
requested for the project. Similar projects as determined by the Plan- New drive-thru facilities
ning Director.
More than 2 Minor Exceptions
No Major Exception is required or request- All Major Exceptions
ed for the project.
Similar projects as determined by the
Planning Director
Site Development Permits as determined
by the Zoning Administrator(3)
Application& Building Permit Planning PermitApplication Form Planning PermitApplication Form
Filing Filing Fees Application Fees Application Fees
Submittal Site Plan,Elevations, Floor Plans Items requested on Planning PermitAppli- Items requested on Planning PermitAppli-
Requirements Additional information as deter- cation form submittal requirements matrix cation form submittal requirements matrix
mined by the Planning Director Any other project information determined Any other project information determined
necessary by the Planning Director necessary by the Planning Director
Review Community Development and Design Review Board Design Review Board
Authority Planning Department recommendation to recommendation to
Zoning Administrator Planning Commission
Approval Community Development and Zoning Administrator(4) Planning Commission(4)
Authority Planning Department
Public Notice Processed as a building permit. As prescribed by UCC Section 9263(C) As prescribed by UCC Section 9263(C)
No public notice provided.
Findings for Building permit plans must be
Grant of Permit consistent with all As prescribed by Section 12.030(C) As prescribed by Section 12.030(C)
(5) applicable requirements.
No findings required.
Conditions of NotApplicable As prescribed by UCC Section 9263(F) As prescribed by UCC Section 9263(F)
Approval
Appeal NotApplicable As prescribed by UCC Section 9266 As prescribed by Section 9266
Effective Date Date of building permit issuance As prescribed by UCC Section 9263(G) As prescribed by UCC Section 9263(G)
Expiration/ 6 months of no activity As prescribed by UCC Section 9263(H) As prescribed by UCC Section 9263(H)
Revocation (from the date of last inspection)
Renewal Payment of renewal fee as estab- As prescribed by UCC Section 9263(I) As prescribed by UCC Section 9263(I)
lished by City Council
and process as determined by
the Building Official
California Exempt Planning Director shall determine the type Planning Director shall determine the type
Environmental of environmental review required or if the of environmental review required or if the
Quality Act application is exempt from CEQA application is exempt from 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.
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Article 18: 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 for
consideration and decision-making by the Planning
Commission(UCC Section 9262(D5))
Application&Filing Planning PermitApplication Form Planning PermitApplication Form
Submittal Requirements
Application Fees Application Fees
Items requested on Planning PermitApplication Items requested on Planning PermitApplication
form submittal requirements matrix form submittal requirements matrix
Any other project information determined neces- Any other project information determined neces-
sary by the Planning Director sary by the Planning Director
Approval Authority(2) Zoning Administrator(1) 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)
(3)
Conditions ofApproval 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(I) As prescribed by UCC Section 9262(I)
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. Any use permit application reviewed by the Zoning Administrator or the Planning Commission may be approved,conditionally approved or denied.
3. 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.
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Article 18: 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
Exceptions as determined by the
Zoning Administrator(5)
AppliCation &Filing Planning PermitApplication Form Planning PermitApplication 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(1) 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,
enhancedlandscaped areas). enhancedlandscaped 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
5. The Zoning Administrator refer any application to the Planning Commission for public hearing and decision.
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Article 18: Downtown Zoning Code Section 13. Glossary
Section 13 : Glossary
13.010: Purpose. Section 13 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.
I. 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 parcel and serving
a purpose clearly incidental to an allowed principal use of the parcel 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.
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-
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
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Article 18: Downtown Zoning Code Section 13. Glossary
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
context for establishing architectural harmony.
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Article 18: Downtown Zoning Code Section 13. Glossary
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 Support Services.An establishment within a building that provides services to other businesses.
Examples of these include copying and quick printing services, blueprinting, computer rental and repair, retail
film processing and photo finishing, and security system services.
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 So-
ciety of Arboriculture and that is a current member of the American Society of Consulting Arborists.
Chapel. See Section 9278, Definitions
Child Day Care.Afacility 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 occu-
pant of the residence provides care and supervisions of 7 to 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 eight or fewer children. Children under the age of
10 years who reside in the home count as children served by the day care facility.
Church. See Section 9278, Definitions
Civic Building. A building designed specifically for a civic use. The specifics of building design shall be deter-
mined through the permit process. Civic buildings are subject to the requirements of this Code, including but
not limited to allowed uses, development standards and architectural standards.
Civic Space. An outdoor area dedicated for public use. Civic Space types are defined by the relationship
among certain physical elements, such as their intended use, size, landscaping, and buildings along the
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Article 18: 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,
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Article 18: 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.
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Feed Store and Farm Supply. A retail business selling supplies for the keeping and raising of farm or
domestic animals, the planting and harvesting of crops, and other operations and processes pertaining to
farming and ranching. Does not include the sale, rental, or repair of farm machinery and equipment, which is
instead included in the definition of"Agricultural equipment sales or rental."
Financial Services. See Section 9278, Definitions
Fire Station. See Section 9278, Definitions
Fitness/Health Facility.A fitness center, gymnasium, health and athletic club, which may include any of the
following: spa and or hot tub facilities, indoor tennis, handball, racquetball, archery and shooting ranges, and
other indoor sports activities. Does not include "Adult Entertainment Business"or"Adult CabareY'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 retail store that primarily sells the following products and
related services, which may also include incidental repair services:
home furnishings outdoor furniture
home sound systems refrigerators and stoves
interior decorating materials and services televisions
other household electrical and gas appliances
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 inerchandise. 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
bicycles orthopedic supplies
books,magazines,newspapers religious goods
clothing,shoes,and accessories small wares
collectibles specialty shops
convenience stores,mini-markets sporting goods and equipment
department stores stationary
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feed store and farm supply
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.
H. Definitions "H"
Home Occupation. See Section 5.040.
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.
I. 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.
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 4B).
Library, Museum. Public or quasi-public facilities, examples of which include: aquariums, arboretums, art
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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 Entertainment. Any activity provided for pleasure, enjoyment, recreation, relaxation diversion or similar
purpose by a person or persons that are physically present when the activity is provided to a patron or group
of patrons. Such entertainment may include music or vocals, dance, disc jockey, comedy or magic. Live
entertainment may be amplified or non-amplified. Live entertainment does not include an occasional activity
that: does not constitute a performance; is not advertised to the public; or primarily provides ambience to the
facility.
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 - Large equipment, Large appliance. A business facility that provides repair
and/or maintenance services for large appliances and equipment and other types of non-vehicular related
equipment that is brought to the facility by customers or picked up from the customer and delivered to the site
for repair. These businesses do not operate on the same site as a retail establishment that sells the product
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being maintained or repaired. This type of use and typically requires designated drop-off and pickup areas
due to the size of the appliance/equipment being repaired, outside storage for equipment repaired or
waiting to be repaired and materials to be recycled or sent for disposal, and parking for delivery vehicles.
When these services operate from a retail establishment that sells the products being maintained or re-
paired, they are instead considered part of the retail use.
Maintenance/Repair-Small Appliances. A business facility that provides repair and/or maintenance
for small appliances, 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 estab-
lishment 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.
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 inetal parts, including the production of inetal 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
cabinet 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."
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N. Definitions "N"
Night Club. A facility serving alcoholic beverages for on-site consumption and providing entertainment, ex-
amples of which include live music and/or dancing, comedy, etc. Does not include those uses allowed under
"Adult CabareY'or"Adult Entertainment Business."
O. 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 uses
include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company of-
fices, 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
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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.Any business or portion of a business operated to sell, display, barter or
exchange goods or merchandise outside a structure on private property. Does not include outdoor dining or
sidewalk cafes associated with a restaurant Does not include food and/or beverage sales and outdoor dining
associated with a mobile food vendor or stationary mobile food vendor.
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.
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
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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 boarding
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
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. 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
B. Has three or more of the following characteristics:
1. Food is pre-made and wrapped before customers place orders;
2. Food is served with disposable tableware for on-site consumption;
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3. Food is ordered from a wall menu at a service counter;
4. Food consumed on the premises is ordered while customers are standing;
5. Payment is made by customers before food is consumed; or
6. The service counter is closer to an entry/exit than is the seating/dining area.
Ice cream shops, coffeehouses, bakeries, hot dog stands, or other businesses whose primary function is
not the sale of full meals are exempted from this definition.
Retail. Premises available for the sale of inerchandise 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:
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 establishments providing courses by mail
ballet and other dance schools language school
business,secretarial,and vocational school music school
computers and electronics school professional school(law,medicine,etc.)
drama school seminaries/religious ministry training facility
driver education
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
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head shops.
Social Hall. See Section 9278, Definitions.
Specialty Food and Beverage Sales with Tastings. A retail beverage and/or food store characterized by its
small size, a limited number of high quality specialty food items and/or beverages typically including premium
wine and beer. This use may also include tastings of the products sold on site.
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 3:Allowed Uses and Permit Requirements).
Storefront.A facade at the ground story that is subject to special adaptation, such as recessed doors and
display windows for retail uses. Examples of frontage types that include storefronts are"Shopfront and Aw-
ning", "Gallery", and "Arcade" (see Table 8: Private Frontage Types).
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"
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
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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,
maintaining 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
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"
Usable Outdoor Space. Outdoor space that is available and accessible to the occupants of an individual
unit, building, or building site for the purpose of active and/or passive recreation. Usable Outdoor Space
includes the aggregate of side and rear yards, roof decks, and patios, balconies and decks having a depth
of at least three feet and an area of not less than 30 square feet. Usable Outdoor Space does not include
driveways, areas for off-street parking and services, and ground level areas with a width of less than five feet
or a maximum dimension of more than ten feet. At least 75% of the usable outdoor space shall have a slope
of 10% or less.
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,
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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).
Drive-up and drive-thru service bays associated with vehicle services are not considered an accessory drive-
up, drive-thru use as identified in Table 3:Allowed Uses and Permit Requirements and instead are considered
part of the vehicle services use.
Veterinary Office or Service -Small Animal. See Section 9278, Definitions.
Vision Triangle. Proposed structures and landscaping on a corner lot shall comply with the following vision
triangle height limits as required for public safety. The boundaries of a vision triangle are formed by drawing
lines from the point of intersection of a IoYs street corner property lines to points 30 feet along the two property
lines, and then connecting the two points with a straight line.
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.
Z. Definitions "Z."
No specialized terms beginning with the letter"Z" are identified at this time.
City Council Final Draft 107
�����,►���� .� (o - !
C'RMA�chitects & Planners, Inc.
' RECEI�D
■ architecture ■ planning ■ consulting � �g e� '
Since 1946 �UL B � . �O�L
July 19 , 2012
City of Ukiah C�►0�1lIOIW
Planning Department ��
Subject: 115 North Orchard Ave . - McDonalds
File No : 12-07-sdp-pc :
As required per zoning ordinance section 9087 (I) ; parking lots with twelve ( 12) or more
parking stalls are required to have a tree placed between every four (4) parking stalls within a
continuous linear planting strip rather than individual planting wells . McDonalds is requestinq
a modification from this requirement. '
Due to the lot size and lot configuration this requirement would require McDonalds to
remove 4 additional parking spaces which will further complicate the parking requirement. While
the trees between stalls cannot be met due to the site constraints, McDonald's will be providing ;
a total of 40 trees onsite and 10, 985 S . F . of landscaping on-site which is approximately 31 % of �
lot coverage . With the proposed design , McDonalds will exceed the 50% lot shade requirement
with a percentage of 55% .
i
Sincerely,
CARISSIMI ROHRER MCMULLEN
ARCHITECTS AND PLANNERS , INC
C
Mark Mcilvain , Project Manager
Carissimi Rohrer McMr� llen Architects & Planners , Inc .
ERVIN E. MCMULLEN I BRUCE LAROSE I MARg MCILVAIN
5921 Folsom Blvd . Sacramento CA 95819 PH : 916 . 451 . 1500 FAX : 916 . 451 . 1600
www . crmarchitects . com
l�t�cachrr»nt # � "Z
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C'RMA�chitects & PlanneNS, Inc.
� � R:�': �y� ��� �
' +„ar�
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■ architecture ■ planning ■ consulting yg 9
Since 1946 ,� i ) � - �a � 2� l2
July 19, 2012 ��yppyp� ,;
. City of Ukiah � �
Planning Department
Subject: 115 North Orchard Ave. - McDonalds
File No : 12-07-sdp-pc
As required per zoning ordinance section 9087 (I); parking lots with twelve ( 12) or more
parking stalls are required to provide a defined pedestrian sidewalks or marked pedestrian
facilities within the landscaped areas and/or separated from automobile travel lanes .
McDonalds is reauestinq a modification from this reauirement.
Due to the lot size and lot constraints this would require McDonalds to remove 2-3
additional parking spaces to meet this requirement where there is already a struggle to meet the
parking requirement. Thirty three percent (33%) of the parking is located adjacent to the building
providing direct access. This site is less than one acre, and with over 10 thousand square feet
of landscaping , and the most used section of the parking directly adjacent to the building ,
McDonald 's believes that the remaining parking , given the small size of the site , are safely
useable .
;
Sincerely,
CARISSIMI ROHRER MCMULLEN
ARCHITECTS AND PLANNERS, INC
Mark Mcilvain , Project Manager
;
�
;
Carissimi Rohrer McMullen Architects & Planners , Inc .
ERVIN E. MCMULLEN I BRUCE LAROSE I MARH MCILVAIN �
4
5921 Folsom Blvd . Sacramento CA 95819 PH : 916 . 451 . 1500 FAX : 916 . 451 . 1600
www . crmarchitects . com '
�
��r�cnm�►�t # -3
..�■�
C'RMA�chitects & Planne�s, Inc.
� ECEIV�p
■ architecture ■ planning ■ consulting � c .
Since 1946 .� UL � v ZO�L �
July 19, 2012 �� � .
City of Ukiah � �
Planning Department
Subject: 115 North Orchard Ave . - McDonalds
File No : 12-07-sdp-pc
As required per the zoning code , parking lots with twelve ( 12) or more parking stalls are
required to be primarily deciduous species and shall be designed to provide tree canopy of fifty
percent (50%) over all paved areas within ten ( 10) years of planting . McDonalds is requestina
an exception from this requirement.
Per discussion with the planning department the landscape design has been designed to
use the City of Davis shade ordinance . Shade calculations , are provided to show the proposed
lot shade coverage is at 55% which exceeds the requirement of 50% .
McDonald's will be providing a total of 40 trees onsite and 10, 985 S. F. of landscaping
on-site which is approximately 31 % of lot coverage .
Sincerely,
CARISSIMI ROHRER MCMULLEN
ARCHI ECTS AND PL NE S, INC
Mark Mcilvain , Project Manager
;
Carissimi Rohrer McMullen Architects & Planners , Inc .
EevrNE. MCMULLEN I BRUCELAROSE I MAR% MCILVAIN
5921 Folsom Blvd . Sacramanto CA 95819 PH : 916 . 451 . 1500 FAX : 916 . 451 . 1600
www . crmarchitects . com
i
l��,f i�..�9'i.�d {f �a �`ti,'i�S l
:,J.
Y°
C'RMA�chztects c�ii Planne�s, Inc.
■
� architecture ■ planning ■ consulting RE�EIVE�
Since 1946
July 19, 2012 �
City of Ukiah JUL 2�6 2092
Planning Department
Subject: 115 North Orchard Ave. - McDonalds ���
� File No: 12-07-sdp-pc ��
As required per zoning o�dinance section 9086; Restaurant: one parking space for every
three (3) seats, with a minimum of four (4) spaces, an additional parking space f.or each two (2)
employees at maximum shift. Based on this calculation McDonalds will be required to have 26 �
parking spaces. McDonalds is reauestina a modification from this reauirement to be
allowed 24 parkina spaces.
� The site constraints do not allow for McDonald's to provide the required number of parking
stalls. However, as a rule, McDonald's derives between 65%. and 70% of its business in the drive :
thru lane. At an average of 1000 transactions per day, 300 of them are handled in the store with a
customer standing at the counter. Many of those transactions include more than one person
ordering meaning they have travelled together. In addition, this is substantial daytime/lunch
restaurant and many of the customers are, walking from surrounding businesses. Another ;
contributing factor in this particular case is that the indoor play place will be eliminated as part of the ; ;
proposed project. The length of stay at stores without the indoor play place is considerably shorter
meaning the stalls are more readily available. �
Based on these factors, McDonald's believes that the 24 stalls and the additional bike
parking will be sufficient to accommodate the anticipated need here. ;
,
. ; .
_ , • , _ _
4. '
� Sincerely, '
;
CARISSIMI ROHRER MCMULLEN �
;
ARCHI ECTS AND PL NN S, INC
.
� :
Mark Mcilvain , Project Manager ; ,
;
Carissimi Rohrer McMullen Architects & Planners , Inc .
EnvrN E. MCMULLEN I SRUCE LAROSE I MARS MCILVAIN
5921 Folsom Blvd . Sacramento CA 95819 PN : 916 . 451 . 1500 FAX : 916 . 451 . 1600
www . crmarchitects . com
�t�ca� hm�r�t �# �
1 UKIAH PLANNING COMMISSION
2 February 22, 2012 �
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Mike Whetzel, Vice Chair Judy Pruden , Chair
7 Jason Brenner �
8 Kevin Doble '
9 Linda Sanders
10 -
11 STAFF PRESENT OTHERS PRESENT
12 Kim Jordan ; Senior Planner Listed below, Respectively
13 Jennifer Faso, Associate Planner
14 Cathy Elawadly, Record 'ing Secretary
15
16 9. PRELIMINARY REVIEW '
17 9A. Preliminary Review for Demolition and Reconstruction of the Orchard Avenue McDonald's
18 Site & Building (File No. : 12-02-PRE-PC). Planning Commission review and comment on
19 preliminary plans for the demolition and reconstruction of the McDonald's located at 115 North
20 Orchard Avenue. The preliminary plans include the demolition of the existing building and all site
21 , improvements and the rebuilding of the McDonald's building with drive-thru and construction of
22 new parking areas and access and installation of landscaping.
23
24 Senior Planner Jordan provided a staff report:
25 • Explained the project involves the complete redevelopment of the site, including the demolition of
26 , all existing site improvements and the building. Page 1 of the staff report identifies what the
27 reconstruction of the site and building include.
28 • The intent of tonight's meeting is for the Commission to ask questions, review the project and
29 provide direction to the applicant and/or applicant's representatives about the proposed project .
30 related to site planning and architecture, such as on-site drainage/storm water treatment
31 methodologies, building orientation , landscaping, pedestrian access and circulation, site and
32 building design articulations/treatments/color scheme, materials and/or other relative aspects.
33 • Since this is a preliminary review of the project, there are no specific submittal requirements . The
34 applicant is provided with the submittal requirements for a formal application and is encouraged
35 fo provide as much information as possible in order to make the process productive. �
36 • For preliminary applications , staff does not provide analysis. Instead , as part of the memo for the
37 project, staff provides general information that is applicable to the project such as the General
38 Plan land use designation , zoning district, airport compatibility zone, location within the Downtown
39 Design District, etc.
40 • The project is not subject to review by the DR6. The DRB was established by the Ukiah '
41 Redevelopment Agency. With the elimination of RDAs by the State, the DRB is no longer an
42 active board since it was established under the authority of the RDA.
43 • The subject property is located within the boundaries of the Draft Downtown Zoning Code (DZC) .
44 The draft document includes limitations on fast food restaurants and has yet to be adopted by the .
45 City Council. �
46 • The project would require Planning Commission approval of a Major Site Development Permit.
47 • Since this is not a formal application , staff did not analyze the project for consistency with the
48 minimum parking required . The parking requirement was provided as part of the staff memo.
49 However, this was informational only and there was no expectation that Planning Commission
50 would review the project for consistency with parking or any other City requirements identified in
51 the memo for the project.
52
53 Commissioner Sanders: Is surprised that because the RDA has been eliminated the DRB has been
54 eliminated. General Plan goal CD-3, `establish design review guidelines tailored to neighborhood
MINUTES OF THE PLANNING COMMISSION February 22, 2012
Page 1
1 character' and refers to a design review board . Is it the decision of City Council or staff whether or not the
2 DRB can be activated or eliminated?
3
4 Staff: When the State eliminated RDAs in California, this action eliminated the DRB. The RDA
5 established the DRB and this is where authority for this Board existed. When the RDA was eliminated the
6 Board ceased to exist. Even though City Council created a successor agency, the successor agency only
7 deals with the disposition of the assets and obligations of the Agency. It does not have the authority to
8 continue those boards/commissions established by the Agency. Planning Director Stump reviewed the
9 resolutions that established and modified the DRB. It was clear that the Board only had authority under
10 the RDA. Accordingly, when the RDA ended so did the DRB. There has been some decision about what
11 happens next. If the Council chooses, it could reappoint and establish the DRB under its authority. Since
12 the City Council is a separate entity from the RDA, the DRB does not continue to exist because the same
13 five members of the RDA were the same members as CounciL
14
15 Commissioner Sanders: Saw the bid announcement in the newspaper for the Perkins StreeUOrchard
16 Avenue improvement project that the City put out and inquired when this work is expected to start and
17 whether or not this will impact the applicant's plans for redevelopment of the site and building?
18
19 Staff: The applicant has been advised that the improvement project is occurring. The applicant did meet
20 with the City Planning and Public Works to talk about what is proposed for that particular intersection.
21 There will be an effort to effectively coordinate both projects.
22
23 . Efrain Corona of McDonald's USA, LLC, applicant representative:
24 • Provided the Commission with color and material samples. -
25 • The existing building is nearly 40 years old. It is archifecturally, functionally, and operationally
26 outdated . The site and building is no longer able to function well operation"ally by today's
27 standards as a fast food restaurant. '
28 • Referred to the proposed site plans and generally addressed the scope of the work.
29 • Engaged a local landscaper as a consultant for the project.
30 • Addressed vehicle and pedestrian circulation on the site.
31 • Explained the purpose of the building orientation in conjunction with how the drive-thru wraps
32 back around the front of the building.
33
34 Commissioner Sanders: `
35 • Likes many aspects about the design :
36 o Interested in using vegetative swales
37 o LED interior lighting ^
38 o Pervious paving that is being considered
39 o The larger/higher windows
40 o Use of solar tubes
41 o Allowing for electrical vehicle charging stations
42 o Smaller building footprint
43 o Less Parking
44 • Noted the project design is contemporary and does not have problem in this regard .
45 • Informed applicant that Perkins Street is a gateway location .
46 • Asked about the necessity of having the driveway/drive-thru at the front of the building.
47 • Recommends the project be integrated with the Pear Tree Center by providing good pedestrian
48 connections and access.
49 • Recommends providing better pedestrian access and circulation on-site.
50 • Supports encouraging pedestrian access to the building from Perkins Street and strongly
51 supports providing for pedestrian access to the building from the public sidewalk. This
52 component is currently not part of the site design. As it is now pedestrian circulation does not
53 provide for a good flow.
54 • Would like to have public access from Perkins Street that does not have to cross the parking
55 IoUdrive-thru.
MINUTES OF THE PLANNING COMMISSION February 22, 2012
Page 2
1 • Okay with the proposed landscaping and noted it to be a significant improvement over what is
2 existing. '
3 • With regard to the building design , does not have a problem with the yellow accent other than
4 they where they close to the roof/roofline, looks like visual clutter.
5 • Addressed storm water treatment on the site and asked the applicant to consider planting areas
6 that are `below grade' to allow water to enter these areas.
7 • As part of the formal application , provide information about the exterior lighting. The community
8 has expressed concern about lighting in that it should create light pollution and recommends
9 lighting be downcast.
10 • Would like to see some outdoor seating.
11 • Would like to see a designated pedestrian access from Orchard Avenue.
12
13 Commissioner Brenner: � :
14 • Is pleased McDonald's is upgrading the design of the building and site. Is of the opinion the site
15 plan as designed is not appropriate for that location . Project site has two fronts, Orchard Avenue
16 and Perkins Street. The site is located on one of the City's primary gateways.
17 • The design does not correspond to the intent of the draft Downtown Zoning Code (DZC).
18 • Recommends the applicant review the design and siting standards included in the draft (DZC)
19 since the document was developed with a lot of community input and reflects the desire of the
20 community for building and site design . Since the DZC has not been formally adopted, it is up to
21 the applicant how much of the development standards should be carried into the project.
22 • As designed, the project is not consistent with some of the design standards included in the DZC .
23 Recommends the project be built to the design standards of the DZC as much as possible in
24 which there will likely be compromises that have to happen not only on the part of the applicant,
25 but for everyone. In addition to the many tables in the DZC that address development and as to
26 what is an acceptable standard, the DZC has development and architectural standards regarding
27 window glazing, buildings on corner lots, frontages, drive-thru facilities, fencing, site screening ,
28 outdoor lighting, landscaping, maintenance, fa�ade orientation , awnings, galleries and arcades,
29 materials, roofs, windows, doors, accessibility to name some of the development topics and
30 corresponding requirements.
31 • Project has the parking fronting Perkins Street which is a City gateway. Consider moving the
32 building to the south in order to anchor the corner of the site and provide for an entry. This would
33 also facilitate pedestrian access from Perkins Streefi.
34 • Recommends reviewing the draft DZC for design standards concerning corner buildings.
35 • - Understands the reason for having the drive-thru in front of the building.
36 • Could be okay with the wrap around the drive-thru if the building were `flipped' and moved closer
37 to Perkins Street.
38 • The location of the tr;ash enclosures makes them very visible on a City gateway and at a
39 prominent intersection .�
40 • Should provide frontage on at least one street. It may be this has to be Orchard Avenue.
41 Consideration also needs to be given to Perkins Street since it is a City gateway.
42 • Recommends a different color scheme. The draft DZC recommends a darker color at the base of
43 the building and a lighter color above. The color shown on the plans is too dark, especially for this
44 area. Consider a different, light color palette.
45 • Appears the project may not provide the required number of parking spaces. If this is the case,
46 the landscaping shown on the plans would be reduced to less than what is being shown which
47 changes the look of the project.
48 • Expressed concern about the north and east elevations. All of the elevations will be very visible
49 and need to be designed in a manner that reflects this.
50 • Would like to see a site layout plan/rendering that is most feasible for site access and circulation ,
51 building orientation , pedestrian orientation , and compliance with City parking and landscaping :
52 requirements that also shows landscape screening for the driveway frontage, how the trees would '
53 look at maturity to better understand how the development would look and how it would
54 effectively function .
55
MINUTES OF THE PLANNING COMMISSION February 22, 2012
Page 3
1 Commissioner poble:
2 • Relative to the formal Site Development Permit application :
3 o Include the planned improvement on the plans in order to understand how the project
4 and improvements planned for the intersection are coordinated.
5 o Provide rendering to show how the drive-thru in front of the building would be screened
6 from Orchard Avenue and how the site would look from Perkins Street.
7 • No pervious pavement is shown on the plans, but it is discussed in the McDonald's Rebuild
8 project description .
9 • Recommends using more landscaping for water treatment.
10 • Ensure appropriate plants are selected for water treatment areas.
11 • Recommends incorporating curb cuts on the west side and use landscaping for water treatment.
12 • Recommends providing for bio-retention areas.
13 � It appears the project would raise the grade of the site. This provides flexibility and an opportunity
14 for drainage solutions.
15 • Would like to see outdoor seating. This would be good for the project since this feature `invites
16 people in .'
17 • Based on the explanation from the applicant, okay with the driveway in front of the building if it
18 avoids putting cars back out onto Orchard Avenue in order to enter the parking lot. .
19 • There is no curb, gutter, and sidewalk on the north side. Will Public Works require sidewalk
20 improvements here?
21
22 Vice Chair Whetzel:
23 • Based on the explanation from the applicant, is okay with the drive-thru wrapping the building and
24 the reason why this must occur, If anyone has children and has used this technique/feature
25 before this type of design is more accommodating to customers.
26 • Consider moving the building closer to Perkins Street to provide a better presence on the City's
27 gateway.
28 • Asked whether the location of the trash enclosure works . It is located at the end of a parking row
29 next to the drive aisles. �
30 • The Planning Commission chairperson does not consider Crape myrtle a tree. May need to
31 consider a substitute.
32
33 There was Commission discuss whether an opportunity exists to provide access the site from the JC
34 Penney parking lot located to the north of the site.
35
36 The applicant indicated this was not an option since Penney's has said they would not allow access
37 through their site from the McDonald's site.
38
39 Staff: "
40 ' • Addressed the site plan with regards to access and circulation and noted the City requested the
41 applicant move the driveways as far away from Perkins Street as possible in order to improve the
42 circulation at Perkins Street/Orchard Avenue intersection so this may be what is driving the site
43 plan. Is not sure how this affects or not the ability for the applicant to move the building closer to
44 Perkins Street. It is not the responsibility of staff or the Commission to design the project.
45 • Emphasized again the need to have the access driveways as far from Perkins Street as possible.
46 • Would like to know if the Commission is okay with 1 ) the design of the building which has been
47 described by the Commission as "contemporar�' since this is not a design that we often see 2)
48 the drive-thru wrapping around the front of the building since this pushed the building further
49 away from Orchard Avenue which is contrary to pedestrian orientation which tries to located
50 building closer to the street and 3) the colors of the building . �
51
52 � There was Commission discussion about realistically how much pedestrian access is on Perkins Street in
53 terms of changing the site plans and possibly `flipping' the building with regard to building presentation on
54 a corner lot that is a city gateway and if this would work. It was noted Orchard Avenue is an important and
55 well-traveled thoroughfare so in terms of building orientation and site constraints , appropriate site access
MINUTES OF THE PLANNING COMMISSION February 22, 2012 '
Page 4
I
1 and circulation , how the drive-thru facility would work and other development considerations, it is likely
2 more feasible the building front faces Orchard Avenue.
3
4 Applicant:
5 • The purpose of the driveway in front of the building is to allow users of the drive-thru to enter the
6 parking lot eat their food. Many customers purchase food from the drive-thru and then eat on the
7 � site in their car. Approximately 25% of the customers do this .
8 • Is unsure how much pedestrian activity exists on Perkins Street.
9 • It is McDonald's practice to use permeable paving. It will not be known until the soils report has
10 been completed if permeable pavement is feasible for this site.
11 • Will review the DZC and do what is possible for compliance with the standards thereof.
12 • Will consider the above-referenced comments to help shape and provide for an aesthetically
13 pleasing project.
14
15 Commission:
16 • Recommends a lighter color palette. The building color shown on the plans is too dark for this
17 area.
18 • As part of the formal application may want to propose more than one color palette.
19 • Is okay with the contemporary design of the building. '
20 • Okay �with the location of the drive-thru at the front of the building based on the reason for this
21 design provided by the applicant.
22 ,
MINUTES OF THE PLANNING COMMISSION February 22, 2012
Page 5
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