HomeMy WebLinkAbout06112014 - packet 1 ITEM NO. 9A
2
Community Development and Planning Department
��ty � uk�h 300 Seminary Avenue
Ukiah, CA 95482
planninq(a�citvofukiah.com
(707)463-6203
3
4 DATE: June 11, 2014
5
6 TO: Planning Commission
7
8 FROM: Kim Jordan, Senior Planner
9
10 SUBJECT: Review and discussion of the implementation of the Vision Mendocino 2030 Blue
11 Print Plan Local Food System goals
12
13 REQUEST
14
15 Staff requests Planning Commission conduct a workshop on the implementation of the Vision
16 Mendocino 2030 Blue Print Plan Local Food System goals.
17
18 BACKGROUND
19
20 The Mendocino Council of Governments secured a grant from Caltrans to develop a regional
21 Blue Print plan for Mendocino County. In order to implement the preferred growth scenario (a
22 hybrid of the Infill Growth Scenario and the Sustainable Natural-Resource Based Economy
23 Growth Scenario) adopted in the Blue Print, the plan includes guiding principles and
24 implementation strategies. The guiding principles address economic vitality, natural resource
25 conservation, focused development, transportation choices, adequate housing supply,
26 community character and design, plan for future infrastructure, and local food system
27 (attachment 1). The Blue Print includes implementation strategies for each principle.
28
29 The Blue Print grant expires June 30, 2014. The preparation of the Blue Print plan did not
3o expend all of the available grant funds. Therefore, MCOG and local agency staff met to discuss
31 the various guiding principles and implementation strategies to determine how best to use the
32 available remaining grant funding to implement the Blue Print prior to the June 30th expiration of
33 the grant. The goal was identify implementation of the Blue Print that would be beneficial to all
34 or most of the agencies involved and that could be at least started and partially completed prior
35 to the grant's expiration. MCOG and the agencies involved determined that implementation of
36 the Local Food System was the area in which there was the most overlap between agencies
37 and was the most feasible to implement, or at least to begin implementation, prior to expiration
38 of the grant (attachment 2).
39
40 MCOG contracted with the Mendocino County Food Policy Council (FPC) to help research and
41 provide information on areas identified in the Local Food System implementation strategies.
42 Staff from MCOG, FPC, local agencies, and organizations interested in local food issues met to
43 discuss implementation of the strategies. The identified areas of interest and importance for
44 local agencies that were also determined to be feasible for implementation within the timeframe
1
1 of the grant were community gardens, implementation of the State law for cottage food
2 operations, animals in the city, and produce stands.
3 WORK PLAN
4
5 The available grant funds provide an opportunity to potentially amend existing City codes to
6 implement Vision Mendocino 2030 Blue Print Plan and to address areas of interest that have
7 been expressed by members of the public and decision makers. The grant funds pay for the
8 staff time associated with implementation. The Food Policy Council (FPC) provides expertise
9 on local food production and related topics and conducts research that would otherwise have to
10 be conducted by City staff.
11
12 The Food Policy Council has prepared information on community gardens, the State law for
13 cottage food operations, animals in the city, and produce stands that reflects the discussions
14 and direction that have occurred to date (attachment 3). Staff has included existing City
15 ordinances related to community gardens (Downtown Zoning Code — community gardens),
16 cottage food operations (Downtown Zoning Code — home occupations requirements and zoning
17 ordinance - home occupations definition), animals in the city (zoning ordinance — animals in the
18 city), and produce stands (zoning ordinance - outside sales establishments and temporary
19 objects) as attachment 4. Staff requests Planning Commission review and discuss the
20 information and provide direction to staff.
21
22 Attachments
23
24 1. Vision Mendocino 2030 Blue Print Plan Guiding Principles
25 2. Vision Mendocino 2030 Blue Print Plan Local Food System
26 3. Food Policy Council Information
27 4. Zoning Ordinance Excerpts
28
29
30
2
VisionMendocinozo3o 3iu�pr�nt�ian
In addition, the Preferred Growth Scenario achieves a lower grade in the
Proximity to Local Food Sources performance measure because it results in
few households located adjacent to food sources, which in the model are
agricultural resource lands. In order to address this community desire the
plan recommends changes to planning policies to allow for urban agriculture
as a method to bring food sources closer to where people will live. Chapter 5
of this Plan includes implementation strategies to address these issues as well
as to streamline the implementation process.
Overall, this scenario would promote local sustainability through a range of
guiding principles that support natural-resource-based job growth and infill
development. The guiding principles are outlined below and are further
discussed in Chapter 5.
Guiding Principles
Economic vitality
Support resource-based industries based on the wealth of Mendocino's natural
resources, such as agricultural lands, forests, and coastal lands, to create sus-
tainable economic development.
Natural resource conservation
Preserve natural resources, induding water, timber land, agricultural land,
habitats, and open space.
Focused development
Support infill development and direct new development primarily towards
existing communities to utilize existing infrastructure systems.
Transportation choices
Promote reliable, efficient transportation alternatives such as walking, bicy-
cling, transit, and carpooling to improve air quality, reduce greenhouse gas
emissions, promote public health, and enhance quality of life.
Adequate housing supply
Expand housing options for people of all ages and incomes.
Community character and design
Enhance the unique characteristics of existing communities and quality of life
in Mendocino County.
Plan for future infrastructure
Address infrastructure deficiencies and plan for future infrastructure, including
provision of road, rail, water, sewer, stormwater, solid waste, telecommunica-
tion facilities, and public services, to support future growth and attract and
encoura�e businesses.
Local food system
Provide local food sources in close proximity to housing and promote food
processing industries to benefit the local economy.
Chapter Four: Preferred Growth Scenario 43
VisionMendocinozo3o 3iu�pr�nt�ian
Local Food System
Provide local food.rource.r in clo.re proxilnity to hou.ring and pro�note food proce.r.ring
indust�ie.r to benefzt the local econo7ny. Support.rtreaynlined connection.r betzveen local
�� a producer.r and local food con.rulner.r through faryner.r naarket.r, delivery service.r,grocery
_`�� - - .rtore.r, and local re.rtaurant.r. Promote comynunity garden.r to provide acce.r.r to afford-
'� - able,fre.rh food.rource.r, a.r avell a.r create.rocial gathering place.r.
■ Enhance local food production, including farms and fisheries, by
,� protecting active farmlands and coastal areas and supporting the sale
� and distribution of locally grown foods.
�• r �A
■ Encourage local food sources in close proximiry to housing,
including farmers markets, delivery services, grocery stores, and
�,,�, local restaurants. Expedite approval processes or provide incentives
h to attract local grocery stores or restaurants that would serve local
produce and healthy foods. Promote produce delivery services, such
as community-supported agriculture (CSA), through community
events, advertisements, or education seminars.
■ Update zoning and land use policies to allow for community gardens.
Allow the use of vacant lots or public lands for temporary gardening
and support sales of produce from small community gardens.
■ Update zoning ordinances and establish an urban agriculture licensing
system that allows urban farming,including the small-scale cultivation
of crops and animals. Allow farmers markets in more zone districts
to enhance access to healthy foods.
■ Promote partnership programs to encourage local food production,
food processing,such as slaughterhouses,and education.For instance,
a small garden on a local school's property can be a good resource for
food production as well as education.
■ Encourage each community to develop an Urban Greening Plan
to identify potential lands for gardening or food production and
to create a strategy for developing the implementation process and
funding sources, in support of the Food Action Plan that promotes
community-supported gardens throughout the county.5
5 Food Policy CouncIl,Draft Food Action Plan,available at http://gardensproject.org/proj-
ects/foodpolicycouncil/
64 Chapter Five: Recommendations for Preferred Growth Scenario Implementation
ATTACHMENT 3
MCOG Blueprint 2030 Local Food Initiative
Prepared by Cliff Paulin
Mendocino County Food Policy Council
Blueprint Background:
The Mendocino Council of Governments (MGOG) received grant funding in 2012 to create the
Mendocino Blueprint 2030 Planning Document. The purpose of this process has been to identify
land use policy changes.
Vision Mendocino 2030 is a long-range, community-driven vision for sustainable change in
Mendocino County through the year 2030. This vision will integrate planning for housing,jobs,
transportation, and the environment in the County. Vision Mendocino 2030 is part of a statewide
regional Blueprint Planning program funded by the California Department of Transportation
(Caltrans).
The 2030 Blueprint identified 5 priority issues for Mendocino County; they are:
1. Provide more or better jobs
2. Enhance the local food system and promote sustainability
3. Improve alternative transportation (pedestrian, bike, equestrian, and transit)
4. Improve housing supply/choices/affordability
5. Improve water quality and encourage water conservation
MCOG has contracted with the Mendocino County Food Policy Council (FPC) to assist in
implementation of enhancing the local food system and promoting sustainability. These efforts
also complement the work of the FPC as identified in the Food Action Plan (FAP). The FAP is a
comprehensive and integrated set of goals and actions created through a community stakeholder
engagement process.
The FPC has conducted a series of ineetings with planning staff from Fort Bragg, Willits, Ukiah,
and the County of Mendocino to identify priority areas of work. In the incorporated cities four
primary topic areas have been identified. These are Cottage Food Operations, Community
Gardens, Backyard Animals, and Urban Produce Stands.
This document is intended to provide background on these topics for discussion at the June 11
Ukiah Planning Commission meeting.
1
Cottage Food Operations
Background: A Cottage Food Operations (CFO) is the preparation of a food item in a home
kitchen (as opposed to a commercial kitchen) that will be made available to sale to the general
public. CFOs have been permitted in a number of states for many years and California passed
legislation, the California Homemade Foods Act (AB 1616) that allowed for these operations in
January of 2013. AB 1616 allows for local jurisdictions to create land use policies regarding
CFOs as long as certain criteria are met(State law allows for 1 employee who is not a family
member for example). California Cottage Food Law (AB 1616),passed in to California State
Law on January 1, 2013 allows home production of listed non-hazardous foods, in compliance
with state law and local environmental health regulations.
Under section 51035 of the act, local jurisdictions have three options for how to treat CFOs
under zoning regulations.
(1) Classify a cottage food operation as a permitted use of residential property for
zoning purposes.
(2) Grant a nondiscretionary permit to use a residence as any cottage food
operation that complies with local ordinances prescribing reasonable
standards, restrictions, and requirements concerning spacing and
concentration, traffic control, parking, and noise control relating to those
homes. Any noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan. The permit issued
pursuant to this paragraph shall be granted by the zoning administrator, or if
there is no zoning administrator, by the person or persons designated by the
planning agency to grant these permits, upon the certification without a
hearing.
(3) Require any cottage food operation to apply for a permit to use a residence for
its operation. The zoning administrator, or if there is no zoning administrator,
the person or persons designated by the planning agency to handle the use
permits, shall review and decide the applications. The use permit shall be
granted if the cottage food operation complies with local ordinances, if any,
prescribing reasonable standards, restrictions, and requirements concerning
the following factors: spacing and concentration, traffic control, parking, and
noise control relating to those homes.
All applicants must obtain permits from County Environmental Health that ensures that food
safety handling procedures will be met. The stringency of those standards is ensured through
mandated food safety handling classes and permissive inspection in the case of Class A
operations (Direct Sales only) or mandatory inspections of home kitchens for Class B operations
(Indirect Sales also allowed).
Benefits: Cottage Food Operations provide a lower cost option for the creation of small, local
businesses by home-based food entrepreneurs and sell locally produced food. The CFO has the
2
potential to serve the immediate neighborhood as well as the larger community and region.
CFOs have the ability to create economic benefits through the creation of small businesses that
may begin as CFOs and then expand to larger businesses. Addressing CFOs through local
regulations allows the City to implement State law, determine the best approach for the
community, and to develop requirements that are consistent with community goals, as long as
they are consistent with State law.
Approach: The City currently allows Home Occupations. The intent would be to develop
requirements similar those for home occupations that are consistent with State law and designed
to address the unique needs of CFOs, identifying the locations in which CFOs would be allowed,
requirements necessary to ensure compatibility with surrounding uses and development,
compliance with the city code (such as noise ordinance, grease trap/waste water, parking
requirements, development standards), and the permitting requirements.
Community Gardens
Background: Community gardens have been growing in popularity and many jurisdictions
throughout the state are looking at different ways to address community desire for access while
mitigating any potential impacts. City of Ukiah has addressed these issues well in the downtown
zoning code and the list of criteria could easily be expanded to the rest of the city.
Benefits: Community Gardens provide access to healthy local food for city residents who
currently lack access to space to grow their own food. In addition Community Gardens become
gathering points for neighborhood activities and provide opportunities for connections between
city residents that might not otherwise exist. Community Gardens create urban green space and
more walkable and bikeable communities.
Approach: In the Downtown Zoning Code, community gardens are allowed by right(no use
permit required) subject to compliance with specific requirements. The specific requirements
were developed in consultation with the NCO's The Gardens Project and are intended to ensure
compatibility with surrounding uses and development. The intent would be to allow community
gardens by right in appropriate zoning districts throughout the city and to use the existing
requirements for community gardens included in the DZC which are provided below.
A. Days and Hours of Operation: Seven(7) days a week from seven o'clock (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 set back 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.
3
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 reduces 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 eight o'clock(8:00) A.M. to seven o'clock(7:00)
P.M. and weekends and holidays recognized by the City of Ukiah from ten o'clock(10:00) A.M.
to five o'clock(5:00)P.M.
E. Noise: Compliance with the City of iJkiah noise ordinance is required, except as indicated in
subsection D of this section, Motorized Equipment, which may be more restrictive.
F. Parking: A minimum of one 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.
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 barrel 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 development 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 feasible. 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
prohibited. Weapons, pets and other animals (except service animals) are also prohibited.
4
Backyard Animals
Background: The local food movement has spurred an increased interest in the keeping of
backyard animals. Livestock was once a common feature even in the most dense urban areas,
and while land use policy tended to discourage these activities, a renewed permissiveness has
arisen in jurisdictions across the state and nation. Responsible policies allowing the keeping of a
limited number of specific types of animals can increase food security and create opportunities
far economic possibilities.
Fort Bragg has recently updated its land use code to allow for backyard animals in the city limits.
In addition even intensely urban areas of the State allow for back yard animals (San Francisco
far example allows for up to two goats and beehives to be kept in residential areas). Many
communities that allow backyard animals (non-pets) require allow them subject to obtaining a
use permit or subject to specific requirements, such as the type, number, parcel size, and location
on the parcel. Currently, the City of iJkiah allows certain animals with approval of a minor use
permit.
Benefits: There is a growing demand for local food production and back yard animals allow city
residents to produce some of their own food. Limiting the number, type, and location of back
yard animals will harmonize these activities with neighboring parcels and adjoining uses.
Approach: The approach would be to identify the types of animals that would be appropriate in
the city, the number of animals allowed, the zoning districts in which the animals are allowed,
and any locational or other requirements necessary to ensure compatibility with surrounding uses
and development and compliance with City code.
The City of Ukiah currently allows chickens, rabbits, and one bee hive with approval of a minor
use permit. The City of Ukiah prohibits roosters, turkeys, ducks, geese, and swine.
The City of Fort Bragg's recently adopted ordinance identifies specific animals that are allowed,
the zoning districts in which they are allowed, number of animals allowed, and locational
requirements (setbacks from property lines), and minimum parcel sizes. Fort Bragg allows the
following:
■ Beekeeping
■ Fowl, aviary, poultry(roosters are prohibited)
■ Hogs and swine
■ Cows and horses
■ Small animals (chinchillas,rabbits, other small animals)
■ Goats, sheep,pot belly pigs
■ Large animals (emus, llamas, miniature horses, donkeys, ostriches, other similar animals)
5
Urban Produce Stands
Background: A number of backyard and community gardeners would like to have avenues to
sell excess produce. Additionally, neighbarhoods that currently lack access to easily accessible
produce would have a new access point to fresh local produce and shell eggs. California state
law allows for"Produce Stands" (defined in Cal Food and Ag Code section 47030 and
California Food Retail Code, Section 113789(C)(6)) that are permitted to sell fresh produce and
shell eggs, which are produced on or near the location of the stands.
Some cities in California allow for urban produce stands. San Francisco allows for produce
stands in residential areas as a use by right between 6 am and 8 pm.
Benefits: Urban produce stands would provide an avenue for the sale of excess produce and
shell eggs grown in residential areas to be sold on site. The items offered for sale would be
limited to those items allowed by California State Law. Allowing the sale of these items
provides an opportunity for economic development through small scale food entrepreneurship,
provides a more accessible source of local foods for neighborhoods, and increases community
cohesiveness.
Approach: Identify residential zoning districts where urban produce stands would be
appropriate and develop standards that would ensure compatibility with surrounding uses and
development and compliance with the city code (such as noise ordinance, parking requirements,
and development standards).
6
Downtown Zoning Code
§9224.3 Community Gardens
A community garden shall comply with the requirements of this section where allowed by Table
3: Allowed Uses and Permit Requirements.
A. Days and Hours of Operation: Seven (7) days a week from seven o'clock (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 set back 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 reduces 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 eight o'clock (8:00)A.M. to seven o'clock (7:00)
P.M. and weekends and holidays recognized by the City of Ukiah from ten o'clock (10:00)A.M.
to five o'clock (5:00) P.M.
E. Noise: Compliance with the City of Ukiah noise ordinance is required, except as indicated
in subsection D of this section, Motorized Equipment, which may be more restrictive.
F. Parking: A minimum of one 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.
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 barrel 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 development 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 feasible. 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
prohibited. Weapons, pets and other animals (except service animals) are also prohibited. (Ord.
1139, §2 (Exh. A, 5.030), adopted 2012)
Downtown Zoning Code
§9224.4 Home Occupations
A home occupation shall comply with the requirements of this section where allowed 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 three-quarters ton or less.
D. Employees: Residents plus no more than two (2) nonresidents may work at a home occupation location.
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 suppliers and off-
site customers, in which case all articles except samples shall be received, stored, and sold to customers at off-
site locations.
G. Location: The home occupation shall be conducted primarily within the main dwelling structure and shall
not involve the use of any yard space or outside area.Accessory structures such as garages may be used but
not in such a way as to preclude required vehicle parking.
H. Parking and Traffic: The home occupation shall not create pedestrian, automobile, or truck traffic or
parking in excess of that normally associated with a residential use, with no more than two(2) nonresident
vehicles parked on the street at any given time and no idling of employee or customer vehicles.
I. Signs: One nonilluminated identification sign of not more than one and one-half(1.5)square feet in area
may be placed flat against an outside wall of the residence to advertise the home occupation subject to
application for and approval of a sign permit.
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 daycare), 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. (Ord. 1139, §2
(Exh.A, 5.040), adopted 2012)
Home Occupations
Zoning Ordinance Section 9278: Definitions
HOME OCCUPATION: An accessory commercial activity or business service, conducted
on the site of a detached single-family dwelling unit by the inhabitants thereof, in a
manner clearly incidental to the residential character of the site, and which do not
include exterior alterations to the structure, no display, no employees other than family
members, and no vehicles or mechanical equipment used or stored on site. The home
occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard, or any other hazard or nuisance to any greater degree usually
experienced in an average residential occupancy under normal circumstances. It shall
not include activities that are limited solely to the use of a desk, telephone, and personal
computer. The following uses are not home occupations: auto repair or dismantling,
medical or dental offices, retail sales, commercial kennels, restaurants, equipment repair
involving outdoor storage of equipment, and other similar uses.
City of Ukiah
Zoning Code Section 9182: Animals within the City
A. Hen chickens and rabbits are allowed in any districts subject to:
1. Use permit approval by the Zoning Administrator; and
2. The following conditions:
a. No more than six(6) of any one or combination of such animals on the lot.
b. The minimum lot size shall be six thousand (6,000) square feet developed with no more than a
single dwelling unit.
c. Maintained in coops or pens located at a distance of forty feet (40') or more from the window or
door of any adjacent residence or other building used for human habitation.
d. Coops or pens shall be located only on the rear one-third (1/3)of the lot.
e. Coops or pens shall be located no closer than five feet (5')from the side or rear property line.
B. Roosters, turkeys, ducks, geese and swine are not allowed in any district other than Agricultural
Exclusive (AE) and Combining Agricultural (-A)
C. One bee hive per lot is allowed in any districts subject to use permit approval by the Zoning
Administrator. (Ord. 807, §2, adopted 1983)
Temporary Accessory Objects
Zoning Ordinance Section 9176(F)
§9176 CERTAIN USES PERMITTED: The following uses may be permitted in the districts
mentioned subject to securing a use permit, as provided in this chapter, in each case:
F. Temporary accessory objects placed in the public right of way. Notwithstanding section
6230 of this code, the temporary placement of cafe tables and chairs accessory to an eating
establishment and street furniture, such as benches and landscape planters, may be placed
proximate to an existing legal use subject to the following: Racks, tables, bins and other
merchandise are prohibited, except as part of a civic, patriotic or special event of general public
interest taking place within the city, subject to a special events permit, or between twelve o'clock
(12:00) noon on Fridays and close of business on Sundays, subject to the following:
1. Placement of any temporary accessory object within any public right of way is
prohibited without securing an encroachment permit issued by the public works
department, including compliance with insurance requirements and any conditions
placed thereon to ensure the public safety and convenience and compliance with this
section. Applications for encroachment permits under this section shall be filed with
the public works department accompanied by a plot plan sufficient to show the details
of the object's size, height, location and any other information deemed necessary by
the planning director or public works director, and application fees established from
time to time by resolution of the city council adopted in accordance with the
procedures required by law. Notwithstanding any provision of this section, the public
works director retains the right to revoke any issued encroachment permit for any
object determined to be a nuisance, detrimental to the public safety or convenience, or
noncompliant with this section. The placement of all objects shall comply with all
requirements and orders of the fire marshal.
2. The location and dimensions of temporary accessory objects shall be coordinated with
other elements and shall provide for the safe and unobstructed movement of
pedestrians and vehicles and visual attractiveness to the satisfaction of the planning
director and public works director and as follows:
a. The location of temporary objects shall maintain a minimum width of five feet (5')
of space on the sidewalk or pedestrian path clear of obstructions caused by trees,
hydrants, posts, poles and any other infrastructure or objects, and providing
accessibility to site and building entryways, accessible parking and accessible
passenger loading zones, and crosswalks. Objects shall not obstruct more than
fifty percent (50%) of the width of any sidewalk or pedestrian path that is ten feet
(10') or wider, excluding the strip of land adjacent to the street where sign poles,
hydrants and other infrastructure are located.
b. Temporary accessory objects shall be placed adjacent to the building, unless
infeasible or an alternative location would be more consistent with this section as
specified by an encroachment permit. Objects shall be situated so that
neighboring businesses and all legal signs are visible to pedestrians and
motorists.
c. Temporary accessory objects shall be located and maintained free of
appendages or conditions that pose a hazard to pedestrians and vehicles, and
ensure visually impaired pedestrians can detect the object safely. Supporting
members should be located within the footprint of the object to prevent tripping;
any projection shall be flat and measure no more than one-half inch (0.5") in
height above the sidewalk surface. Dome shaped support bases are prohibited.
PlatForms or sidewalk coverings are prohibited. Temporary accessory objects
shall not be secured to trees, hydrants, street signs, or any other infrastructure by
any means.
3. Temporary accessory objects shall be removed during hours that the business is not
open to the public, with the exception of landscape planters or other approved
encroachments that are consistent with the provisions of this section as determined by
the planning director and too heavy or not reasonably feasible to move each day as
determined by the public works director.
4. Temporary accessory objects shall at all times present a tastefully designed and well
maintained appearance. Furniture and objects placed by the same business shall be
visually or thematically similar. Cafe table umbrellas situated so as to not pose a
hazard due to tipping or injury are allowed, provided they are of muted solid color,
canvas type (no vinyl or plastic) and designed specifically for outdoor patio use.
Podiums, heat lamps and service objects are prohibited. Furniture and other objects
shall not have any signage, logos, or other commercial representations. All objects
shall be maintained in good condition, without visible fading, dents, tears, rust,
corrosion, or chipping or peeling paint, and of durable and sufficiently sturdy
construction so as to not pose a hazard or blow over with normal winds. Planters must
have installed healthy live plants at all times.
5. Deviations from the provisions of this section, excluding the requirement for issuance
of an encroachment permit for objects placed in the public right of way, may be
allowed pursuant to the approval of a use permit. (Ord. 793, §2, adopted 1982; Ord.
1106, §7, adopted 2008)
Outdoor Sales Establishments
Zoning Ordinance Section 9184
A. Outdoor Sales Establishments as defined in §9318.01 are permitted in the C-N,
Neighborhood Commercial, C-1, Light Commercial, C-2, Highway Commercial and
Restricted Industrial and M, Manufacturing Zoning Districts subject to securing a use
permit in accordance with §9225 et seq.
1. A use permit for an outdoor sales establishment occurring for no more than
thirty (30) days within a twelve (12) month period may be considered by the
Zoning Administrator. All other applications shall be heard by the Planning
Commission.
B. All Outdoor Sales Establishments shall comply with the following criteria:
1. Parking: Parking shall be designated for a minimum of three (3) automobiles,
located off the public right of way with no automobile maneuvering permitted in
the public right of way. The use permit may require additional parking,
depending on the nature of sales proposed.
2. Signing: A maximum of twenty five percent (25%) of the largest side of the
vehicle or structure used in the sales operation. In addition, one sandwich board
or "A" frame sign pursuant to §3227A5 of the UMC.
3. Sanitary and water facility needs to be interpreted at issuance of use permit.
4. Business license must be prominently displayed at all times, and operator
must have proof of Board of Equalization Sales Permit. (Ord. 862, §1, adopted
1986)