HomeMy WebLinkAbout08122015 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
August 12, 2015
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 WATT, HILLIKER,
CHRISTENSEN, SANDERS, CHAIR WHETZEL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
The minutes from the following meeting are included for review and approval:
A. July 22, 2015
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 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 items on this agenda, the appeal must be received by
August 24, 2015 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. NEW BUSINESS
A. Selection of Chairman and Vice-Chairman. Commission to select a
Chairman and Vice-Chairman for Fiscal Year 2015-2016.
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.
10. PUBLIC HEARING
A. Proposed Amendment to Zoning Ordinance per the requirements of
Senate Bill No. 2 (SB2). Establishment of a zoning overlay district that will
provide a location where a homeless shelter can be established by right, with
no discretionary approvals, per the requirements of SB2. File No: 1105.
B. Planning Permit Streamlining Workshop. Conduct of a public workshop
to discuss ideas and receive input from the public regarding possible ways to
streamline the planning permit review process.
10. PLANNING DIRECTOR'S REPORT
11. PLANNING COMMISSIONERS' REPORT
12. AD]OURNMENT
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 UKIAH PLANNING COMMISSION
2 July 22, 2015
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Christopher Watt Mike Whetzel, Chair
7 Mark Hilliker
8 Laura Christensen
9 Linda Sanders
10
11 STAFF PRESENT OTHERS PRESENT
12 Charley Stump, Planning Director Listed below, Respectively
13 Kevin Thompson, Principal Planner
14 Michelle Johnson, Assistant Planner
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by Planning Director
19 Stump at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah,
20 California.
21
22 Planning Director Stump;
23 • The Planning Commission Chair is absent and the Commission is currently without a Vice Chair.
24 • Requested the Commission select an Acting Chair to be the presiding officer for this meeting in
25 accordance with City Resolution No. 99-01 that establishes procedures for conducting Planning
26 Commission meetings.
27 • Election of Chair and Vice Chair will be agendized for the next regular Planning Commission
28 meeting.
29
30 It was the consensus of the Planning Commission to select Commissioner Watt as Acting Chair.
31
32 Planning Director Stump welcomed newly appointed Planning Commissioner Linda Sanders.
33
34 2. ROLL CALL
35
36 3. PLEDGE OF ALLEGIANCE - Everyone cited.
37
38 4. APPROVAL OF MINUTES — The minutes from the June 24, 2015 meeting are included for
39 review and approval.
40
41 Commissioner Hilliker made the following correction to the minutes.
42 • `Don Fletcher' is spelled 'Tom Fletcher.'
43
44 M/S Christensen/Hilliker to approve June 24, 2015 minutes, as amended. Motion carried (4-0) with
45 Commissioner Sanders abstaining.
46
47 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
48
49 6. APPEAL PROCESS — Acting Chair Watt read the appeal process. For matters heard at this
50 meeting, the final date to appeal is August 3, 2015.
51
52 7. SITE VISIT VERIFICATION - Confirmed by Commission.
53
54 8. VERIFICATION OF NOTICE- Confirmed by staff.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 1
1
2 9. PUBLIC HEARING
3 9A. Hull Use Permit-Single Family Residence— Hillside (R1-H) at 315 Janix Drive, APN 001-040-
4 73 (File No. 707). Request for Planning Commission approval on a Use Permit to construct a
5 1,997 square foot single family residence and 795 square foot attached garage and pool in the
6 western hillside area (Hull) at 315, APN 001-040-73.
7
8 Assistant Planner Johnson advised City Fire Marshal/Division Chief Kevin Jennings is present to
9 address questions related to fire and safety and provided the Commission with the following documents:
10 • Additional project conditions of approval incorporated into the minutes as attachment 1;
11 • Three letters of concern from public members incorporated into the minutes as attachment 2;
12 • Project Review Comments from the Ukiah Fire Department, dated February 5, 2015 incorporated
13 into the minutes as attachment 3.
14
15 Assistant Planner Johnson gave a staff report/PowerPoint presentation and addressed:
16 • The subject property that is zoned R1-H (Single Family Residential-Hillside) and located in the
17 previously approved Hull-Piffero Subdivision.
18 • Project`Background' as provided for on pages 1 and 2 of the staff report.
19 • `Project Description' as provided for on pages 2 and 3 of the staff report and attachment 5 of the
20 staff report.
21 • Project location as provided for on the location map.
22 • Project `General Plan Consistency' as provided for on pages 4 through 8 of the staff report that
23 includes 10 corresponding elements for consistency thereof.
24 • Project consistency with the Ukiah Municipal Airport Master Plan as provided for on page 8 of the
25 staff report.
26 • Project consistency with all the `Hillside' zoning requirements with the exception of the `aesthetic
27 evaluation' and further elaborated about potential aesthetic impacts and the importance of
28 minimizing visual impacts from the Valley floor and Highway 101 corridor.
29 • Zoning, landscaping/vegetation/trees, soils and geology, hydrology/drainage as addressed on
30 pages 9 and 10 of the staff report and noted:
31 o The design of the proposed residence differs substantially from the assumed `prototype'
32 in the `2001 Visual Impact Analysis' as specifically addressed in attachment 8. That
33 prototype was modeled after the Hull residence located to the south so rather than wrap
34 the entire residence with the topography, a different approach was taken for the
35 proposed project such that the new residence steps down and assumes the natural
36 slope of the site, which is intended to minimize the bulk of the structure when viewed
37 from below.
38 o Showed the site layout and design plans for the project.
39 • Attachment 8 of the staff report concerning the Visual Impact Analysis (VIA)/corresponding visual
40 impact simulations that was conducted for the Hull/Piffero Subdivision shows photos of the
41 existing condition in the Western Hills before development and photo simulations of what the
42 Western Hills would look like today with the developments that are allowed in the approved
43 subdivision.
44 • Attachment 1 (Findings for the Mitigated Negative Declaration); Attachment 2 (Findings for the
45 Use Permit; and Attachment 3 (Conditions of Approval for the Use Permit), including the three
46 proposed new conditions of approval.
47
48 Assistant Planner Johnson:
49 • Planning staff received three letters of concern and no letters in support of the project. The public
50 concerns include:
51 o Traffic
52 o Natural disasters such as fire
53 o Water associated with the proposed swimming pool
54 • Potential project issues identified include:
55 o Visual Quality based on the related zoning and general plan requirements.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 2
1 Essentially `Visual Quality' is a non-issue since the visual simulations in the Visual Impact
2 Analysis that was conducted for the Hull/Piferro subdivision indicates there is `no visual
3 impact' concerning the number of residents that could be developed in the approved
4 subdivision.
5 o Environmental Impacts are addressed in the Mitigated Negative Declaration/Initial
6 Environmental Study prepared for the proposed project where mitigation measures are
7 included that would reduce the potential significant impacts identified to less than
8 significant.
9 • Asked the Commission consider/discuss the three proposed additional conditions of approval
10 prepared by staff and explained the reasons for them.
11 • The project has conditionally been approved by the City Planning, Building, Fire, Public Works
12 and Electric Departments.
13 • Staff recommends the Planning Commission adopt the recommended Mitigated Negative
14 Declaration and approve the Major Use Permit.
15
16 Planning Director Stump:
17 • Related to the issues of traffic, natural disasters/fire protection, water, drainage, soils and
18 geology/erosion and/or other issues associated with residential development in the hillsides were
19 exhaustively reviewed and addressed for the subdivision and subsequent use permit projects to
20 build homes in the hillside. As such, there were extensive reviews and public hearings to check/
21 re-check whether or not to allow residential development to occur in the hillsides.
22 • Staff is confident that all the aforementioned issues are resolved and with recommending
23 approval of the proposed development.
24
25 Commissioner Christensen:
26 • When were the photo simulations in the visual analysis taken?
27 • Is staff asking the Commission to discuss the additional conditions of approval?
28
29 Commissioner Sanders:
30 • Acknowledged the Hull/Piffero Subdivision and subsequent residential hillside development was
31 originally controversial.
32 • Mr. Hull and Mr. Piffero have been good stewards of the land.
33 • Referred to the matter of land donated to the City of Ukiah by Mr. Hull and Mr. Piferro in which
34 there were likely negotiations associated. As such, asked for clarification if the Hull/Piferro
35 Subdivision only allows for five residential developments where no more structures can be
36 constructed than what was originally approved.
37
38 Planning Director Stump:
39 • Believes the simulations for the Visual Impact analysis were taken in 2002.
40 • Commissioner Sanders is referring to land in the vicinity of Gibson Creek canyon where a series
41 of lot line adjustments were done. There were a number of parcels in Gibson Creek canyon that
42 the City was interested in acquiring. In order to accomplish this land acquisition, a series of
43 boundary line adjustments were necessary and showed the location of the subject property on
44 the land map as to the intent.
45 • It is important to remember potential buildout of the Hull/Piferro Subdivision allowed the
46 development of five homes and five second units and/or 10 structures. As a result of the
47 boundary line adjustments an agreement was made between the associated parties that no
48 second units can be constructed on any of the parcel in the subdivision. Believes there are two
49 more lots in the subdivision that can be developed with homes and this includes Mr. Piferro's lot
50 and one other such that there would be less potential buildings constructed than originally
51 approved.
52
53 Commissioner Sanders:
54 • Requested clarification with the aforementioned explanation there could one more home
55 constructed in addition to the five allowed for the approved subdivision.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 3
1 • Referred to page 11, condition of approval No. 55 in a letter to Mr. Hull and Mr. Piffero from
2 Planning Director Stump dated January 17, 2002 provided for in attachment 5 that reads, Prior
3 to the recordation of the Final Subdivision Map, the applicants shall submit a Landscaping and
4 Re-vegetation Plan for the scarred and barren areas resulting from the unauthorized grading
5 and road up-slope tapering activity that occurred in 1997. The Plan shall be prepared by a
6 qualified landscape architect, botanist, or other professional with the expertise necessary to
7 design an approach to mitigating the visual impact resulting from the scarred slopes. The Plan
8 shall include, but not be limited to the following: a) the planting of native fire resistant and
9 drought tolerant shrubs on the exposed slopes visible from the valley below; b) The selective
10 planting of rapidly growing threes designed to screen the exposed slopes below the access
11 road; c) Measures that will be taken to ensure the long-term survival of the plantings; d) This
12 Landscaping Plan may be included with the Plan required by condition no. 49,' and asked about
13 the status of this condition.
14 • Referred to Chapter 2 of the Hillside zoning regulations(-H District), Hillside Development
15 Standards, Soils Report section C4 that reads, `Any area which presents one or more of the
16 following limiting factors shall not be subjected to development unless the engineer can
17 demonstrate conclusively to the commission that these limitations can be overcome in such a
18 manner as to prevent hazard to life, hazard to property, adverse effects on the safety, use or
19 stability o f a public way or drainage channel and adverse impact on the natural environment: a)
20 Water table within six feet of the surface at any time of the year; b) Soils with a high shrink-swell
21 potential; c) Soils with a unified classification of unstable soil types,' and is of the opinion item `b'
22 and `c' are well addressed in the subdivision reports but would like clarification on item `a.'
23
24 Commissioner Hilliker:
25 • Related to the Mitigated Negative Declaration asked at what point does the building permit phase
26 come into play?
27 • Requested clarification about the size of the water tank? He calculated the tank can hold
28 approximately 100,000 gallons of water. Asked about what occurs should the water level of the
29 tank fall below a certain level and how would the residents know? Is there an alarm and/or some
30 type of device that alerts the residents of a problem with the water tank?
31 • Asked about the roadway width requirements. It was his understanding an 18-foot roadway was
32 required and/or two nine-foot lanes for the project.
33 • Now that the City Fire Marshal is associated with the Ukiah Valley Fire Authority asked if project
34 approval from this agency is necessary.
35
36 Assistant Planner Johnson:
37 • Would like the Commission to review the new conditions of approval that were formulated to
38 address concerns that were brought about after-the-fact.
39
40 Acting Chair Watt:
41 • Related to the water supply, requested clarification there is no service connection to the City
42 water system for the entire subdivision?
43 • Did the well that was developed for the subdivision meet the required standards?
44 • Given the current drought conditions do we know the status of the well and/or whether it is
45 running low?
46 • The drainage plan talks about onsite drainage and the corresponding technique to be used to
47 direcUdivert runoff to a drainage swale that is located to the north of the parcel. Finds the
48 drainage swale area to be very steep and observed there is not a lot of vegetation. It appears the
49 hydrology report `contemplated/' took into consideration an overall increase in runoff but did not
50 look at the specific increase in runoff to that particular swale such that all of the flows would be
51 directed to. While there may be a small increase in water across a six acre parcel the hydrology
52 report did not look at the drainage flows from the road and the properties above. Given the
53 steepness and current erosion from the pad itself that is undeveloped it appears the hydrology
54 report did not take these factors into consideration.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 4
1 • His concerns are: 1) the need for dissipation of energy material to protect against erosion when
2 the water exits the drainage pipe and hits the drainage flow to the swale where effective
3 measures need to be in place to minimize erosion; 2) the carrying capacity of the swale itself
4 given the new development taking water that ordinarily did not go to this area and now is. This
5 area is very steep and currently displays erosion.
6
7 Planning Director Stump:
8 • Confirmed one more home could potentially be constructed in addition to the five allowed for the
9 approved subdivision.
10 • A Landscaping and Re-vegetation Plan was prepared and submitted by a professional
11 landscape person. The barren areas were completely re-vegetated according to the
12 requirements and inspected four times as to the hydro-seeding and plantings for compliance
13 with the subdivision conditions of approval.
14 • Related to item `a', a well was dug for the subdivision and provided statistical information about
15 the well and corresponding function. Is of the opinion concern for the `water table' is a non-issue
16 since water was found at a depth of about four to five feet deep when digging for the well.
17 • The water table has not been an issue for any of the residential units constructed in the
18 subdivision and should not be an issue for the proposed new development.
19 • Once the Planning Commission approves the project, it is likely the applicant will prepare
20 construction drawings/plans for submittal to the City Building, Planning, Fire, Electrical, Police
21 and Public Works Departments for review.
22 • Recalls the size of the water tank can hold/store 115,000 gallons of water.
23 • Every home is required to have an alarm system that tells the residents the water tank has fallen
24 below a certain level.
25 • The installation of two nine-foot lanes is not a requirement for the proposed project.
26 Acknowledged the applicants did seek exceptions to some road standards as part of the original
27 subdivision and talked about the roadway improvements/measures taken to make certain the
28 road was safe for use by all persons and emergency vehicles.
29 • City Fire Marshal Kevin Jennings has reviewed the proposed project and his associated project
30 requirements are included in the conditions of approval in attachment 3 of the staff report. Fire
31 Marshal Kevin Jennings is the spokes/contact person for Ukiah Valley Fire Authority for the
32 development of projects within the City limits.
33 • Confirmed the water system is private. There is a well that feeds to a large tank that supplies
34 water for the homes in the subdivision. Sanitation for the subdivision differs and explained how
35 the sewer system works for the subdivision and provides for an alternative on-site sewer
36 system.
37 • Confirmed the well developed for the subdivision met City standards and noted Mendocino
38 County Environmental Health was also involved in the process.
39 • Has no knowledge about the well as to its present physical/working condition.
40 • Acknowledged an overall engineering geotechnical and hydrology report was prepared for the
41 project.
42 • Not all of the drainage flows into the swale Commissioner Watt is referring to. The applicant may
43 want to further elaborate on this issue. Over the years the applicants have become experts
44 about drainage on the sites.
45 • The applicants have done a good job repairing the areas of erosion.
46 • The applicants are `open' to erosion control anywhere on the property. City Public Works has
47 concern about erosion in the hillsides with development and requires an extensive erosion
48 control plan for further development of the property.
49
50 PUBLIC HEARING OPENED: 6:32 p.m.
51
52 Jarod Hull, Applicant:
53 • Is available to answer Commission questions.
54 • Do any of the other homes in the Hillside subdivision have a pool?
55
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 5
1 Commissioner Christensen:
2 • Do you plan to defer construction of the pool to sometime in the future after the house is built?
3
4 Commissioner Sanders:
5 • Related to the fire danger in the Western Hills and the fire resistant vegetation recommended by
6 the State asked the applicant to elaborate on the choice of vegetation.
7
8 Jarod Hull:
9 • Confirmed the pool will be constructed at a later time, but plans for the pool are included as part
10 of the proposed project.
11 • Confirmed no other homes in the subdivision have a pool.
12 • The intent is to include vegetation that is native and/or drought tolerant and to find a balance that
13 works for the terrain and current drought condition.
14 • It important to clear out the underbrush as a fire protection precautionary measure.
15
16 Dave Hull, Resident in the Hull/Piffero Subdivision:
17 • Related to landscaping, confirmed a lot of work and effort goes into maintaining the landscaping
18 and with taking fire precautionary measures from an aesthetic and safety perspective.
19 • The transplanting of Manzanita and/or other native vegetation has been very successful. Has
20 planted Redwood trees and Doug Firs and/other tree species of this nature where placement is
21 very important.
22 • It is best to plant native vegetation/trees during the winter months such that by June these
23 plants/trees will be well-established.
24 • Thinning/trimming/transplanting of vegetation is highly important and this is done regularly and is
25 very time consuming.
26 • There is wildlife to consider and what they will do when it comes to making the landscaping work
27 since fencing is not an option. Acknowledged there is a lot of balancing that goes on when it
28 comes to working the land and providing for abundant landscaping.
29 • Has a lot of experience with drainage living in the hillsides to effectively address runoff and
30 subsequent erosion.
31 • Explained the subdivision has `two different water forces' that handle runoff. Would not be
32 possible to capture all the runoff from the entire property and have it effectively drain on the north
33 side of the property. There is another drainage area on the south side of the property.
34 • Explained how drainage works for the subdivision where essentially every property is on 4-inch
35 drain lines and all downspouts flow into these pipes and into the drain outlets to the north and/or
36 south. If one line is plugged the water flows into the other lines. Has never experienced a plugged
37 drainage line. Consistently checks runoff and associated drainage and is acutely aware of the
38 drainage how it works and how to deal with any associated problems that may occur.
39
40 Acting Chair Watt:
41 • Is of the opinion the hydrology report/analysis that was provided did not specifically cover the
42 issue of natural steep drainage swales or energy dissipation material to protect against erosion
43 associated with the increase in runoff from the new development.
44
45 Dave Hull:
46 • The hydrology report/analysis for the proposed project might have been less detailed than the
47 studies prepared for the subdivision and his residential unit but can attest that the soils and
48 geology and/or geotechnical analysis and hydrology/drain reports completed for the subdivision
49 and his residential unit were very comprehensive/thorough and detailed in every way to make
50 certain the concerns of the public with regard to development in the hillsides were adequately
51 addressed.
52 • Talked about the proposed pool and the concern associated with the drought and ability to fill the
53 pool and what might occur in the event of a crack and noted the subdivision has no water
54 shortage and any crack would be taken care of immediately.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 6
1 • Is very knowledgeable/cognizant about drainage, how it works, and what measures need to be
2 taken/done and/or are in place to ensure runoff is handled appropriately on the sites and that the
3 two corresponding drainage systems function properly such that erosion does not occur and
4 safety not an issue.
5
6 PUBLIC HEARING CLOSED: 6:46 p.m.
7
8 Commissioner Christensen:
9 • Related to the new conditions of approval finds #1 reactive from a public member about allowing
10 for swimming pools in hillside areas and asked if the proposed condition is typical as it pertains to
11 swimming pools by requiring the property owner to consult with the City Building Official
12 concerning the draining of the pool. Is of the opinion this condition is unfair/unnecessary and
13 should not be required.
14 • Proposed new condition of approval #3 is about `trees and the creek' and requested clarification
15 the aforementioned discussion about drainage that this is what `the creek' is. Does not see `a
16 creek' on the land maps.
17 • Inquired whether there are Oak trees in the building footprint?
18
19 Planning Director Stump:
20 • Not many projects include the construction of a swimming pool so the condition is not `typical.'
21 • Confirmed there is no creek in the subdivision.
22
23 Principal Planner Thompson:
24 • Recommends removing all language in the condition that references a creek. The intent of the
25 condition is to provide tree protection during construction. Has no knowledge of Oak trees within
26 the building envelope.
27
28 PUBLIC HEARING RE-OPENED: 6:50 p.m.
29
30 Commissioner Christensen:
31 • Asked about the ease of emergency vehicles accessing the hillside?
32 • Requested clarification a secondary road exists for egress in the event of an emergency.
33
34 Kevin Jennings, Division Chief/Fire Marshal:
35 • Four-wheel drive fire engines can access the roadway. Acknowledged it does take a little bit
36 longer to reach the homes because of the steepness of the road. The road is in good enough
37 shape and paved such that a type 3 engine and/or other similar vehicles can made the drive.
38 • Is not familiar with a secondary roadway.
39
40 Dave Hull:
41 • Recalled even before the existing roadway was improved and paved a test was conducted to see
42 if emergency vehicles could make the turns and contend with the steepness and found they could
43 in 7.5 minutes from the Ukiah Fire Department to his residence in the hillsides going at a normal
44 speed of 35 mph or less and no sirens.
45 • Acknowledged that small creeks do emerge in the winter time with storms, particularly after a
46 heavy rainfall and dry up in the summer months. They are not permanent.
47 • Confirmed no trees exist on the site proposed for development. There may some Manzanita.
48 • Concurs the new proposed recommended condition of approval #1 is unnecessary and would
49 take a lot of valuable City resources and time to have City staff monitor the draining of a
50 swimming pool.
51 • Related to proposed new condition of approval #3 tree protection would be a normal/typical part
52 of the process anyway. To require someone from the City to monitor the digging within six feet of
53 the base of all trees is unnecessary because such procedures/measures would automatically be
54 taken anyway to protect root systems. The intent is to leave all vegetation in place as much as
55 possible and is very diligent about doing this. Also, it is very costly to replace trees.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 7
1
2 Acting Chair Watt:
3 • Understands it is necessary to remove some vegetation to build the house as needed. Asked
4 about the drain lines that may extend hundreds of feet and would such an associated condition of
5 approval impinge on the applicanYs ability to protect the trees.
6
7 Commissioner Christensen:
8 • Asked about a secondary road for egress?
9
10 Commissioner Sanders:
11 • Related to new condition of approval #3 regarding tree protection is interested in preserving the
12 existing Oak trees identified on the landscape plan and is not referring to the Oak trees along the
13 drainage lines. Sees the importance of installing protective fencing and protective buffer around
14 the base of the native Oak trees and noted this has not been an uncommon procedure/practice
15 for other projects. The Oak trees help visibly screen the residential developments from the Valley
16 floor and is of the opinion requiring fencing and/or use of other measures to protect these Oak
17 trees is a reasonable recommendation.
18
19 Commissioner Hilliker:
20 • It is likely the emergency vehicle response time would be longer now that the fire department
21 operates from different locations.
22
23 Dave Hull:
24 • Related to the condition of approval requiring City staff to oversee tree protection and managing
25 drainage, preference would be to allow the applicant to monitor and take care of protecting trees
26 and drain lines. Having lived in the hillsides for some time now dealing with landscaping and
27 drainage, highly understands what methodologies/measures need to be taken to protect the
28 natural environment and effectively address any associated potential impacts thereof. Has
29 experience with drainage pipes with regard to placement and size.
30 • There is no legal secondary road for egress. There are `fire break' trails in the area
31 built/maintained by CalFire. In the event of an emergency use of these fire breaks is possible by
32 leaving the area from the top rather than the bottom of the hillsides. There is no paved road out of
33 the area other than the existing road that is maintained by the homeowners association.
34 • Addressed the matter of the Oak trees and noted they would not be within the building envelope.
35 There are tall Oak trees located along the drainage swale that are approximately 150 feet from
36 the proposed residential unit.
37
38 PUBLIC HEARING CLOSED: 6:58 p.m.
39
40 Commissioner Hilliker:
41 • Project questions were properly answered.
42
43 Commissioner Christensen:
44 • The project meets City standards.
45 • Related to the visual impacts, this has been the topic of discussion for years. When looking up at
46 the hillsides from any vantage point in the Valley can see the big scar where the building pad is
47 located. Is of the opinion having a house would aesthetically be an improvement.
48 • The environmental impacts already exist as well.
49 • Supports project approval.
50
51 Commissioner Sanders:
52 • Supports adding new condition of approval #3 for the Oak trees.
53 • While the geotechnical report is dated 2006 supports new condition of approval #2 that requires
54 an updated geotechnical report be submitted.
55
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 8
1 Planning Director Stump:
2 • Related to new condition of approval #2 this condition would be required anyway. The City
3 Building Department would require a current geotechnical report for the pool.
4
5 Acting Chair Watt:
6 • Noted new condition of approval #2 does not include language about the pool and recommends
7 revising the language for the condition to addresses `the pool.'
8 • Would like to add a condition that specially addresses the drainage pipes into the natural steep
9 drainage swales and that they include energy dissipation material to protect against erosion.
10
11 Commission Consensus:
12 • Disregard new condition of approval #1 that reads, `Prior to draining the pool, the property owner
13 shall consult with the City Building Official to determine if the draining of the pool is necessary,
14 and if it is that all state and local laws are complied with and the draining is performed in a way
15 that does not impact neighboring properties or the natural environment.'
16 • Supports adding new condition of approval #2 that reads, `Prior to the issuance of a building
17 permit, an updated Geotechnical Report must be submitted that includes analysis and
18 recommendations for the proposed pool.'
19 • Supports adding new condition of approval #3 that reads, `Tree/ protection for native Oaks of
20 DBH of 8" as shown on the landscaping plan require:
21
22 a) Care shall be taken when digging under ground near the base of the trees to be
23 protected and preserved.
24 b) All digging within 6-feet of the base of the trees shall be done by hand.
25 c) Any holes dug for construction (such as foundations, fence posts, utilities)shall avoid
26 roots 4 inches or greater by relocating these holes to an area where roots do not exceed
27 4 inches.
28 d) Dumping of chemical, washing equipment, and/or stacking of loose debris on or near root
29 zones and near the creek is prohibited.
30 e) Any work near the creek shall be performed consistent with industry and environmental
31 standards in order to prevent damage to vegetation on the bank.
32 f) Installation of protective fencing and protective buffer around the base of native Oaks at
33 8"DBH.'
34
35 • Supports adding new condition of approval pertinent to drainage that reads, `Per Mitigation
36 Measure 22 and Condition of approval 34 above, the outFall for the drainage pipes into the natural
37 steep drainage swales shall include energy dissipation material such as riprap to protect against
38 erosion.'
39 M/S Sanders/Hilliker to approve Mitigated Negative Declaration for the Hull Use Permit Single Family
40 Residence at 315 Janix Drive, File No. 707 based on the Findings in attachment 1 of the staff report.
41 Motion carried (5-0).
42
43 M/S Sanders/Christensen to approve Hull Use Permit Single Family Residence at 315 Janix Drive, File
44 No. 707 based on the Findings in attachment 2 of the staff report and subject to the Conditions of
45 Approval in attachment 3 with the addition of three new conditions of approval as discussed above.
46 Motion carried (5-0).
47
48 ATTACHMENT 1
so FINAL FINDINGS- MITIGATED NEGATIVE DECLARATION
51
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 9
1 Recommendation for the Adoption of the Mitigated Negative Declaration: The Planning
2 Department's recommendation for the adoption of the Mitigated Negative Declaration prepared for this
3 project is based, in part on the following findings:
4
5 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project as
6 conditioned does not have the potential to degrade the quality of the local or regional
7 environment;
8
9 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will
10 not result in short-term impacts that will create a disadvantage to long-term environmental goals;
11
12 3. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will
13 not result in impacts that are individually limited, but cumulatively considerable; and
14
15 4. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will
16 not, as conditioned, result in environmental impacts that will cause substantial adverse effects
17 on human beings, either directly or indirectly.
18
19
20 ATTACHMENT 2
21
23 FINAL FINDINGS-USE PERMIT
24
25 Recommendation for the Approval of the Major Use Permit: The Planning DepartmenYs
26 recommendation for approval of Major Use Permit No. 707, to construct a primary dwelling unit on a lot in
27 the Hillside District, is based, in part, on the following findings:
28
29 1. The proposed single family residential development is consistent with the goals and policies of the
30 Ukiah General Plan because it has been designed with careful consideration and preservation of the
31 natural features of the site, would not produce adverse visual impacts, would not adversely soils and
32 the geology of the site, and would not cause unusual erosion or drainage impacts.
33
34 2. The dwelling is a residential land use (allowed use)that is consistent with the use and development
35 standards for the Single Family Residential Hillside Zoning District, including those for minimum lot
36 size, maximum building height, setbacks to property lines, and on-site parking.
37
38 3. The dwelling is designed in a manner that is consistent with the development standards for the
39 Single Family Residential Hillside Zoning District, including those for building site area, lot width,
40 setbacks, non-combustible roof materials, water supply and fire hydrants, and the retention of lands in
41 a natural state.
42
43 4. The dwelling is consistent with the Conditions of Approval for Major Subdivision 98-37.
44
45 5. The dwelling is compatible with surrounding land uses since it will utilize building materials and
46 designs that are consistent with the natural setting of the site and compatible with the building
47 materials on other residential structures already constructed, and will be screened by substantial
48 vegetation designed to preserve privacy for adjoining property owners.
49
50 6. The dwelling unit will not be detrimental to the public's health, safety, or general welfare since its
51 development, as conditioned, will be consistent with the minimum requirements for construction in the
52 western hillsides and will utilize standard building methods designed to ensure that they will not cause
53 landslides, erosion, or other potentially dangerous conditions.
54
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 10
1 7. The granting of the use permit will cause potentially significant adverse environmental impacts, but
2 these impacts have been reduced to levels of insignificance with the adoption of project-specific
3 Mitigation Measures and a Mitigation Monitoring Program, and a Mitigated Negative Declaration has
4 been adopted for the project.
5
6 8. The project will not cause visual quality impacts because it has been designed to "step" down the
7 hillside, the structure is narrow and is sited on an east-west axis, there are mature native trees
8 screening the structure, and additional native trees will be planted to further soften the aesthetics of
9 the structure.
10
11
12 ATTACHMENT 3
13
14 FINAL CONDITIONS OF APPROVAL
15
16
17 CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of
18 Major Use Permit No. 707, shall remain in force regardless of property ownership, and shall be
19 implemented in order for this entitlement to remain valid:
20
21 1. All Conditions of Approval shall be printed on all sets of project plans pertaining to any site
22 preparation work or construction associated with the development of the single-family residence
23 and ancillary structures approved by the Major Use Permit.
24
25 2. All use, construction and the location thereof, or occupancy shall conform to the application and
26 to any supporting documents submitted therewith, including any ma.ps, sketches, or plot plans
27 accompanying the application or submitted by applicant in support thereof.
28
29 3. Any construction shall comply with the "Standard Specifications" for such type of construction
30 now existing or which may hereafter be promulgated by the Engineering Department of the City of
31 Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the
32 Planning Commission such standards shall be met.
33
34 4. In addition to any particular condition which might be imposed; any construction shall comply with
35 all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and
36 ordinances in effect at the time the Building Permit is approved and issued.
37
38 5. Applicant shall be required to obtain arid maintain any permit or approval which is required by
39 law, regulation, or ordinance. Sewer, water, and electric service shall conform to the
40 specifications of the City Department of Public Utility.
41
42 6. Building permits shall be issued within two years after the effective date of the Use Permit or
43 same shall be null and void.
44
45 7. If any use permitted shall cease for six (6) consecutive months, then the right to any Use Permit
46 permitting such use shall terminate and such Use Permit shall be revocable by the granting body
47
48 8. If any condition is violated or if any required approval is not obtained, then the Use Permit granted
49 shall be null and void; otherwise to continue in full force and effect indefinitely until otherwise
50 terminated and shall run with the land.
51
52 9. The approved Use Permit may be revoked through the City's revocation process if the approved
53 project related to the permit is not being conducted in compliance with the stipulations and
54 conditions of approval; or if the project is not established within two (2) years of the effective date
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 11
1 of approval; or if the established use for which the permit was granted has ceased or has been
2 suspended for twenty-four(24) consecutive months.
3
4 10. Except as otherwise specifically noted, any Use Permit shall be granted only for the specific
5 purposes stated in the action approving such Use Permit and shall not be construed as
6 eliminating or modifying any building, use, or zone requirements except as to such specific
7 purposes.
8
9 11. All on-site paving shall be a minimum of 2" asphalt concrete with a 6" aggregate base, or an
10 alternative paving option reviewed by the city Engineer and approved by the City Engineer prior
11 to its installation.
12
13 12. (MITIGATION MEASURE 1)The proposed residence and any future accessory buildings shall be
14 painted subdued earth-tone colors such as shades of greens, dark tans, browns, and similar
15 colors. The final colors selected for the residence shall blend with the surrounding natural
16 environment. Prior to painting any portions of the residence, the applicants shall paint a "swatch"
17 on one of the walls, and call for an inspection by Planning Department Staff. The color shall be in
18 substantial conformance with the color evaluated herein, and shall blend with the surrounding
19 natural environment.
20
21 13. (MITIGATION MEASURE 2) Prior to the issuance of a building Permit, a Final Landscaping Plan
22 shall be submitted for review and approval by the Director of Planning and Community
23 Development or his/her designee. The Final landscaping Plan shall include trees placed in such a
24 manner as to help screen the proposed residence and other components of development (road-
25 cuts, driveways, retaining wall) from the valley below. All required landscaping shall be planted
26 prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the
27 Department of Planning and Community Development. The final Landscaping Plan shall
28 incorporate designs derived from the fire protection concept of defensible space.
29
30 14. (MITIGATION MEASURE 3) The Final Landscaping Plan shall include details regarding the
31 exterior lighting for the residence, garden areas, and walkways. All exterior lighting shall be
32 hooded and down-cast, and shall not shine towards the valley below or skyward.
33
34 15. The applicant shall maintain a mandatory fire-break around each of the residences, which
35 includes the removal and "limbing up" of vegetation.
36
37 16. (MITIGATION MEASURE 4) All future accessory structures shall be designed and constructed to
38 complement the topographic features of the site, and shall be sited in the least visible locations
39 on the subject property. The colors shall blend with the surround natural environment.
40
41 17. (MITIGATION MEASURE 5) the final plans for the proposed residence shall be in substantial
42 conformance in terms of size, height, materials, etc. with the plans evaluated herein.
43
44 18. (MITIGATION MEASURE 6) All existing mature trees on the subject property outside of the
45 building footprint shall be retained unless a professional arborist submits a report to the City
46 Planning Director indicating that specific trees are dead or diseased. For every one tree removed,
47 two new trees shall be planted in the same general location.
48
49 19. (MITIGATION MEASURE 7) All activities involving site preparation, excavation, filling, grading,
50 road construction, and building construction shall institute a practice of routinely watering
51 exposed soil to control dust, particularly during windy days.
52
53 20. (MITIGATION MEASURE 8)All inactive, soil piles on the project site shall be completely covered
54 at all times to control fugitive dust.
55
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 12
1 21. (MITIGATION MEASURE 9) All activities involving site preparation, excavation filling, grading,
2 and actual construction shall include a program of washing off trucks leaving the construction site
3 to control the transport of mud and dust onto public streets.
4
5 22. (MITIGATION MEASURE 10) Low emission mobile construction equipment, such as tractors,
6 scrapers, and bulldozers shall be used for earth moving operations.
7
8 23. (MITIGATION MEASURE 11) All earth moving and grading activities shall be suspended if wind
9 speeds (as instantaneous gusts) exceed 25 miles per hour.
10
11 24. (MITIGATION MEASURE 12) If, during site preparation or construction activities any historic or
12 prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted,
13 and the City notified of the discovery. The applicant shall be required to fund the hiring of a
14 qualified professional archaeologist to perform a field reconnaissance and to develOp a precise-
15 mitigation program if deemed necessary.
16
17 25. (MITIGATION MEASURE 13) Any new cut and fill slopes along the existing access •road
18 necessary for the minor road widening shall match the existing slope gradient. No cut and fill
19 slopes shall exceed 1.5H:1V in gradient and disturbed slopes shall be planted with deep rooted
20 groundcover. All cut and fill slopes shall be mulched and seeded at the completion of construction
21 to the satisfaction of the City Public Works Director/City Engineer.
22
23 26. (MITIGATION MEASURE 14) Areas to be graded for building construction shall be cleared of
24 artificial fills, vegetation, roots, and loose soil containing organic matter. Surface strippings or
25 other soils containing organic materials cannot be used as fill except in landscape areas.
26
27 27. (MITIGATION MEASURE 15) Areas to receive fill flatter than 5H:1V shall be prepared by
28 removing the weak and compressible surface soils as determined by the geotechnical engineer in
29 the field with concurrence by the City Engineer. Prior to placing any fill material, it shall be
30 inspected and approved by the geotechnical engineer, and a report shall be submitted to the City
31 Public Works Department.
32
33 28. (MITIGATION MEASURE 16) The residence shall be supported by drilled concrete cast-in-place
34 pier and grade beam foundation as described in the Design Level Geotechnical Investigation
35 prepared by PJC &Associates, Inc. and dated July 17, 2006.
36
37 29. (MITIGATION MEASURE 17) Existing fill soil in areas to be constructed with slab-on-grade
38 foundations shall be removed and re-compacted as described in the Design Level Geotechnical
39 Investigation prepared by PJC &Associates, Inc. and dated July 17, 2006.
40
41 30. (MITIGATION MEASURE 18) Any fill placed on slopes steeper than 5H:1V shall be keyed into
42 the existing slope in accordance with the requirements of Chapter 33 of the Uniform Building
43 Code, 1997 Edition.
44
45 31. (MITIGATION MEASURE 19) A professional/certified engineer shall routinely inspect all grading
46 work on the project site. Field density tests must be taken during grading in order to evaluate the
47 adequacy of the contractor's work. After grading is completed and the soil engineer has finished
48 the observation of the work; no further excavation or filling shall be done except with the approval
49 of and observation of the soil engineer in consultation with City Public Works Department Staff.
50 The contractor shall be responsible to prevent erosion and water damage of the graded areas
51 and adjoining areas during construction.
52
53 32. (MITIGATION MEASURE 20) All retaining walls shall be designed to resist an active lateral soil
54 pressure of 60 pcf as well as all other design recommendations described in the Design Level
55 Geotechnical Investigation prepared by PJC &Associates, Inc. and dated July 17, 2006.
56
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 13
1 33. (MITIGATION MEASURE 21)All final grades shall be provided with positive gradients away from
2 foundations to provide rapid removal of surface water runoff to an adequate discharge point. The
3 use of continuous roof gutters is recommended to accomplish water removal.
4
5 34. (MITIGATION MEASURE 22) Surface drainage around building sites shall be directed into
6 natural watercourses, gullies or swales. The outlets for the building site surface drainage features
7 shall be constructed with riprap material or lining materials with prior approval by the City
8 Engineer.
9
10 35. (MITIGATION MEASURE 23) The driveway shall be graded with a cross slope of 1% to 2% from
11 the upslope to downslope side. Water shall be directed to flow across the road rather than
12 channeling it into inboard ditches to decrease surface erosion.
13
14 36. (MITIGATION MEASURE 24) Riprap or other lining materials approved by the City Engineer
15 shall be placed at both the entrances and outlets of all culverts to reduce erosion to insignificant
16 amounts. All surface runoff shall be directed around cut and fill slopes with riprap lined ditches or
17 underground pipes to suitable outlets in nearby natural watercourses.
18
19 37. (MITIGATION MEASURE 25)All grading activities on the site shall be conducted consistent with
20 a Grading Plan for all disturbed areas which shall be submitted to the City Public Work
21 Director/City Engineer for review and approval prior to the commencement of any grading
22 activities.
23
24 38. (MITIGATION MEASURE 26) Prior to any site preparation, excavation, filling, road work,
25 grading, of construction activities, the applicants shall submit, and have approved by the City
26 Engineer; a comprehensive Erosion Control Plan prepared by a Registered Civil Engineer. The
27 comprehensive Erosion Control Plan shall include, but not be limited to the following:
28
29 A. A description of the sequence of construction of the development site stripping and
30 clearing; rough grading; construction of utilities; infrastructure and buildings; and final
31 grading and landscaping. The sequencing shall identify the expected date on which
32 clearing will begin; the estimated duration of exposure of cleared areas, areas of clearing,
33 installation of temporary erosion and sediment control measures, and establishment of
34 permanent vegetation.
35 B. A description of all erosion and sediment control measures necessary to adequately
36 control erosion along the roadway, driveways, home site, and all other areas disturbed as
37 a result of the project.
38 C. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
39 seeding dates, type and rate of lime and fertilizer application, and the kind and quantity of
40 mulching for both temporary and permanent vegetation control measures.
41 D. Specific measures to ensure no erosion will occur into Gibson Creek.
42 E. Provisions for both short and long-term maintenance of erosion control facilities.
43 F. The City Engineer shall have the authority to require modifications to the submitted
44 Erosion Control Plan that will ensure adequate erosion control.
45 G. Any other elements required by local, State, or Federal law.
46
47 39. (MITIGATION MEASURE 27) The dwelling unit shall be equipped throughout with a fire Sprinkler
48 system that complies with the NFPA 130 Standard or other standards required by the Fire
49 Marshal.
50
51 41. (MITIGATION MEASURE 28) The applicants shall maintain around and adjacent to any such
52 building or structure additional fire protection or firebreak, made by removing excessive brush,
53 flammable vegetation, or combustible growth other than trees for a distance of thirty (30) feet.
54 Grasses and shrubs and other vegetation located within thirty feet (30') of the residence that is
55 less than 18 inches in height above the ground may be maintained where necessary to stabilize
56 the soil and prevent erosion.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 14
1
2 42. (MITIGATION MEASURE 29) Remove that portion of any tree that extends within
3 approximately ten feet(10') of the outlet of any chimney or stovepipe.
4
5 43. (MITIGATION MEASURE 30) Provide and maintain at all times a screen over the outlet of
6 every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any
7 solid or liquid fuel. The screen shall be constructed of non-flammable material with openings of
8 not more than one-half inch in size.
9
10 44. (MITIGATION MEASURE 31) Disposal, including chipping, burying, burning or removal to an
11 approved disposal facility, flammable vegetation and fuels .caused by site development and
12 construction, road and driveway construction, and fuel modification shall be completed prior to
13 completion of road construction or final inspection of a building permit, whichever is appropriate.
14
15 45. (MITIGATION MEASURE 32) The roof covering on any structure regulated by this ordinance
16 shall have a minimum class A fire rating. Wood shingles and shakes, including fire retardant
17 treated type, are expressly prohibited.
18
19 46. (MITIGATION MEASURE 33) The residence shall be integrated into the water tank alarm
20 system.
21
22 47. Hours of- construction shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, except
23 for owner occupied single-family construction which can also occur from 10:00 a.m. to 7:00 p.m.
24 on Sunday provided no heavy construction equipment or vehicles are utilized.
25
26 48. Prior to the commencement of grading or other site improvement activities associated with the
27 construction of the dwelling unit and/or accessory structures, the applicant shall prepare and
28 submit a Mitigation Compliance Plan verifying when and how the required mitigation measures
29 will be complied with. The applicant shall fund and/or contract with qualified professionals such as
30 civil and geotechnical engineers and landscape architects and/or specialists to verify compliance
31 with all mitigation measures, and to prepare field reports for submittal to the City.
32
33 The Mitigation Compliance Plan shall also specifically address how the adopted mitigation
34 measures will be successfully implemented over the long term during construction and on an
35 ongoing basis.
36
37 The Mitigation Compliance Plan shall be reviewed and approved by the City Planning Director'
38 prior to the commencement of grading activities. The Director shall have the authority to require
39 changes to the Mitigation Compliance Plan prior to approving it to ensure that it contains a thoughtful
40 and comprehensive strategy for successfully implementing the required mitigation measures in both the
41 short and long term.
42
43 The Mitigation Compliance Plan shall include, but not be limited to the following:
44
45 A. A discussion of how daily logs will be prepared during all site preparation and
46 construction activities detailing how all applicable mitigation measures are complied with.
47 B. A discussion of how contractors will be advised about the required mitigation- measures,
48 and supervised for strict compliance.
49 C. The names of qualified professional monitoring personnel such as civil and geotechnical
50 engineers, botanists, landscape architects, etc. The required professional monitoring
51 personnel shall be retained by the applicants, or by the City at the applicant's expense.
52 D. A list of the required mitigation measures and who will be responsible for implementing
53 and supervising the completion of the measures. The list shall be organized in the
54 following categories:
55 a. mitigation measures required prior to issuance of a grading permit;
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 15
1 b. mitigation measures required prior to issuance of the Building Permit;
2 c. mitigation measures required prior to final inspection and issuance of the permit
3 of occupancy; and
4 d. mitigation measures required on an ongoing basis.
5 e. A timeframe for the submittal of regular status/compliance reports detailing how
6 and when each mitigation measure is complied with, and who inspected and
7 verified the work. The reports shall also describe the effectiveness of the
8 mitigation measures in off-setting the environmental impacts. The City Planning
9 Director shall review and approve the timeframe for the report submittals, and
10 shall be responsible for reviewing, approving, and filing the submitted reports.
11 The timeframe for report preparation and submittal shall be regular enough to
12 provide the City with a comfort level that all required mitigation measures are
13 being implemented and are effective at mitigating the identified environmental
14 impacts.
15
16 49. Prior to the issuance of a building permit, an updated Geotechnical Report must be submitted that
17 includes analysis and recommendations for the proposed pool.
18
19 50. Tree/protection for native Oaks of DBH of 8"as shown on the landscaping plan require:
20
21 g) Care shall be taken when digging under ground near the base of the trees to be
22 protected and preserved.
23 h) All digging within 6-feet of the base of the trees shall be done by hand.
24 i) Any holes dug for construction (such as foundations, fence posts, utilities)shall avoid
25 roots 4 inches or greater by relocating these holes to an area where roots do not exceed
26 4 inches.
27 j) Dumping of chemical, washing equipment, and/or stacking of loose debris on or near root
28 zones and near the creek is prohibited.
29 k) Any work near the creek shall be performed consistent with industry and environmental
30 standards in order to prevent damage to vegetation on the bank.
31 I) Installation of protective fencing and protective buffer around the base of native Oaks at
32 8"DBH.
33
34 51. Per Mitigation Measure 22 and Condition of approval 34 above, the outfall for the drainage pipes
35 into the natural steep drainage swales shall include energy dissipation material such as riprap to
36 protect against erosion.
37
38 Break: 7:12 p.m.
39 Reconvene: 7:22 p.m.
40
41 9B. Mountanos General Plan Amendment and Planned Development Rezoning/Precise
42 Development Plan (File 13-28-PC-CC). Consideration and possible recommendation to the City
43 Council on a request to amend the General Plan and rezone a parcel to facilitate the
44 development of a duplex apartment housing project located on a vacant parcel at 334 North Main
45 Street.
46
47 Commissioner Sanders recused herself from participating in the review of the proposed Mountanos
48 General Plan Amendment and Planned Development Rezoning/Precise Development Plan.
49
50 Planning Director Stump gave a staff report/PowerPoint presentation and:
51 • Noted related to the General Plan Amendment and referred to attachments 6 and 7 of the staff
52 report that the proposed General Plan Amendment involves replacing the current Downtown
53 Master Plan Area General Plan map with the Downtown Master Plan Area map from the 1992
54 adopted Downtown Revitalization Master Plan. What is assumed is that the General Plan map
55 intended to reflect the Revitalization Master Plan map, but a mapping error occurred. By using the
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 16
1 1992 Downtown Revitalization Master Plan map, an additional 49 parcels would be added to the
2 map in the General Plan. By including these parcel such that any that were less than '/z acre in
3 size would become eligible for a future Planned Development project similar to the proposed
4 project.
5 • Staff conducted a survey and analysis of these parcels to determine how many of the parcels
6 were less than '/2 acre in size, and of those, how many had additional development potential in
7 terms of number of housing units. Of the 49 parcels 37 were determined to be under '/2 acre in
8 size and could potentially utilize the Planned Development tool to increase density and create
9 more housing opportunities to occur. A map correction will not only allow for consistency with the
10 Ukiah General Plan, particularly with regard to the Housing Element but allow the proposed
11 project to move forward.
12 • Page 7 of the staff report as it relates to the 37 parcels, indicates only one was vacant and is
13 owned by the City and only 4 were deemed to have additional development potential.
14 • The owner of a small vacant parcel in close proximity to the downtown is proposing to construct a
15 building with two separate 550 sq. ft. apartments over the individual garages.
16 • Based on the requirement of the C-1 (Community Commercial Zoning District) the parcel is too
17 small in area to allow such a development.
18 • The owner is pursuing lot size requirement relief though a Planned Development/Precise
19 Development application.
20 • The problem is that PD applications on parcels less than '/2 acre in size can only be pursued if a
21 number of criteria are satisfied and one of those is that the parcel falls within the Downtown
22 Master Plan area as shown on General Plan Figure V1.2-KK (attachment 6 of the staff report). As
23 noted above, it was determined this figure is inconsistent with the Downtown Master Plan Area
24 Map found in City Council 1992 adopted Downtown Revitalization Master Plan. This necessitates
25 a General Plan amendment to correct the map and allow this project to move forward along with
26 a General Plan amendment to change the land use designation from C (Commercial) to HDR
27 (High Density Residential).
28 • As provided for in the PowerPoint Presentation and in attachment 4 of the staff report discussed
29 the project description/supplemental information, showed colors/materials and site plans.
30 • Finds the project to be great and a benefit to the community.
31 • Staff recommends approval and is asking the Planning Commission to recommend the City
32 Council: 1) approve the Mitigated Negative Declaration; 2) adopt a Resolution amending the
33 General Plan; and, 3) Introduce/adopt a Planned Development Ordinance/Precise Development
34 Plan.
35
36 Commissioner Christensen:
37 • Which way will the garage door face?
38 • Questioned how the elevations were labeled/identified on the site plans.
39 • Requested clarification regarding attachment 6.
40
41 Commissioner Hilliker:
42 • Who is responsible for maintenance of the alleyway?
43 • Asked if certain improvements are necessary for the project?
44
45 Acting Chair Watt:
46 • Related to the inadvertent mapping error that involves correcting the Downtown Master Plan Area
47 map contained in the 1995 General Plan (Figure VI-2KK: Downtown Master Plan Area) to be
48 consistent with the 1992 City Council adopted Downtown Master Plan Area Map contained in the
49 Downtown Revitalization Master Plan and inquired whether the Commission is being asked to
50 recommend Council adopt and/or correct the entire area that is the subject of discussion as
51 shown on attachments 6 and 7 of the staff report since the inconsistency adversely affects the
52 proposed project because parcels smaller than '/2 acre are not eligible for the Planned
53 Development tool unless they are located in the Downtown Master Plan area.
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 17
1 • Related to the Resolution Amending the General Plan asked about the procedure that involves
2 the mapping correction. Requested clarification that essentially the Commission is recommending
3 the General Plan be amended to include the affected area.
4
5 Planning Director Stump:
6 • The garage doors will face Main Street and referred to the site plans in this regard.
7 • Confirmed there was an error on the site plans Commissioner Christensen was referencing with
8 regard to the east elevation. There were essentially two sets of site plans.
9 • It is a public alleyway. Does not believe anyone maintains this.
10 • There will be some improvements that need to be done such as access paving, curb/gutter/ADA
11 complaint work and drainage work and showed the location. There will no extensive work done to
12 the alleyway.
13 • Confirmed the project does involve correcting the Downtown Master Plan Area map contained in
14 the 1995 General Plan (Figure VI.2KK: Downtown Master Plan Area) to be consistent with the
15 1992 City Council adopted Downtown Master Plan Area Map contain in the Downtown
16 Revitalization Master Plan. Essentially the current General Plan figure will be replaced with the
17 map that contains the correct figure. The corresponding mapping inconsistency adversely affects
18 the proposed infill PD housing development project. The proposed General Plan Amendment also
19 changes the land use classification of the PD project from Commercial to High Density
20 Residential.
21 • The General Plan Resolution contains a mapping exhibit that shows the affected area as
22 referenced in attachment 7 of the staff report and confirmed the Commission is recommending
23 the General Plan be amended to include the affected area such that the 1992 Downtown Master
24 Plan map includes the applicanYs property so if the General Plan is amended to reflect this map,
25 the applicant can proceed with the PD project on the 5,128 square foot parcel on N. Main Street.
26 • Attachment 6 of the staff report represents the current General Plan map. The attachment 7 map
27 in the staff report will replace the attachment 6 map.
28
29 PUBLIC HEARING OPENED: 7:37 p.m.
30
31 Mark Mountanos:
32 • Is available to answer questions the Commission may have.
33
34 Commissioner Christensen:
35 • Asked if the housing units would be market rate?
36 • Referred to attachment 4 concerning a property management plan and asked about this since a
37 Management Plan for the project is required as a condition of approval.
38
39 Commissioner Hilliker:
40 • Are the garages intended for two cars?
41
42 Acting Chair Watt:
43 • How long does Mountanos Properties typically keep ownership of their rental units?
44
45 Mark Mountanos:
46 • Confirmed the housing units will be market rate.
47 • Related to a property management plan and explained that Mountanos Properties does their own
48 property management and this is done on a weekly basis where maintenance is done to all the
49 properties. Mountanos Properties has managed all of its properties for over 15 years and is of the
50 opinion a formal property management plan is not necessary.
51 • Confirmed the garages are two car garages and are not intended to be used as a storage facility.
52 • Mountanos Properties do not sell their properties.
53
54 Planning Director Stump:
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 18
1 • The Property Management Plan for the project does not have to be extensive and this is because
2 the applicant has effectively been managing his properties locally for a long time as opposed to
3 someone who is an absentee landowner.
4
5 PUBLIC HEARING CLOSED: 7:41 p.m.
6
7 Commissioner Christensen:
8 • Asked how the proposed mapping change to the General Plan map might impact some of the
9 other properties in the affected area that are less than '/z acre in size.
10 • Is mixed-use allowed in a PD?
11
12 Acting Chair Watt:
13 • What difference does the map correction do compared to the way it is now?
14 • Requested clarification that the map correction is essentially correcting what was limiting
15 development potential.
16 • Requested clarification the mapping correction has already been contemplated by the
17 environmental analysis for the adopted Downtown Revitalization Master Plan.
18 • Are there meeting minutes available relative to the 1995 adoption of the General Plan that
19 contemplated the subject areas being discussed tonight in Attachment 7 of the staff report.
20 • Were there any presentations given to Council and/or the Planning Commission at that time that
21 specifically addressed Figure VI.2-KK concerning the General Plan map that was adopted.
22 • Are we concerned at all that the environmental analysis of the General Plan would not have
23 covered the Downtown Master Plan Area map contained in the 1995 General Plan (Figure VI.2-
24 KK: Downtown Master Plan Area) or does the Mitigated Negative Declaration provide defense for
25 this?
26
27 Planning Director Stump:
28 • The hope/intent is that such properties would be able to take advantage of the Planned
29 Development tool with the opportunity to increase density. As such, each parcel was looked at as
30 to what the development potential would be taking into consideration site constraints etc., and
31 from this documentation asked the question how many additional units could be built in the
32 subject area as a result of the map change. As specifically addressed on page 7 of the staff
33 report, staff determined 23 additional housing units could potentially be constructed on these
34 parcels via the Planned Development process.
35 • Confirmed mixed-use would be acceptable in a PD.
36 • The difference is that in order to do a PD on a parcel less than '/z acre in size it has to be within
37 the boundaries of the map as shown in attachment 7.
38 • Confirmed the map correction allows the opportunity for potential development that is presently
39 limited and that which also limits the flexibility to create a development, which is what a PD
40 does/allows.
41 • The Downtown Revitalization Master Plan was adopted by Council in 1992 and no associated
42 environmental document can be found that was prepared for this plan. Staff reviewed the 1995
43 General Plan files to see if it could be determined why Figure VI.2-KK (attachment 6 of the staff
44 report) included in the Downtown Master Plan Area is inconsistent with Downtown Revitalization
45 Master Plan map and no determination could be made.
46 • Staff could find no associated minutes.
47 • Has no knowledge of any presentations.
48 • It may be the matter was just an inadvertent mapping error. There may have been specific
49 discussion concerning Figure VI.2-KK in the Downtown Master Plan Area General Plan map.
50 • Confirmed the Mitigated Negative Declaration does provide the necessary defense.
51
52 M/S Hilliker/Christensen to recommend City Council adopt the Mitigated Negative Declaration as
53 provided for in attachment 3 of the staff report. Motion carried (4-0).
54
MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 19
1 M/S Christensen/Hilliker to recommend City Council adopt a Resolution amending the General Plan as
2 provided for in attachment 1 of the staff report. Motion carried (4-0).
3
4 M/S Hilliker/Christensen to recommend City Council Introduce/Adopt a Planned Development
5 Ordinance/Precise Development Plan as provided for in attachment 2 of the staff report. Motion carried
6 (4-0).
7
8 10. PLANNING DIRECTOR'S REPORT
9 Planning Director Stump:
10 • Provided an update on current planning projects and upcoming projects for Commission review.
11
12 Commissioner Hilliker:
13 • Asked about soil contamination concerning a property now owned by the City on N. Main Street
14 that was formerly a trailer park.
15
16 Commissioner Sanders:
17 • Related to the recommended actions the Commission just voted on for agenda item 9B inquired
18 how this action corresponds/'lines up'with the DZC?
19
20 Planning Director Stump
21 • There could have been soil contamination but the bigger issue was relocation of the tenants by
22 the former property owner to accommodate a housing development that did not happen.
23 • The area discussed in agenda item 9B is located outside the DZC boundaries so the DZC
24 standards do not apply.
25
26 11. PLANNING COMMISSIONERS' REPORT
27 Commissioner Hilliker:
28 • Observed a portion of Ford Street was closed so that sidewalk improvements, etc., could be done
29 for the housing project on Ford Street that the Planning Commission approved.
30
31 12. ADJOURNMENT
32 There being no further business, the meeting adjourned at 8:41 p.m.
33
34
35 Cathy Elawadly, Recording Secretary
36
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 20
�.�lt�hmem� . � ._._�
Michelle Johnsnn
Fromc Miehelle 1 ohnson
Sent: Wed7esday,July 22,2015 d:Ld Nh��
To: ':maviation�pa[rfie.neY;'lau raem�sB[glohal.�eY;'mshi Ili kerr�comcast.neY;
'W�ttt��lAt033so�ia�s.mm';'kaderli�junn_�om�
Su6jeek: ,4dditional Candrtions of Approval Plann ng Comrnise,ion p7222QiS
bfiportance: High
Good afternoon Cornmissioners,
I have included two additional Conditions o#Appraval in regards ta the proposcd pool, and
ane in regards ta the 4ak Trees; I will have a hard copy available ak #anighYs meeting. In
additlon Kevin lennfngs wfll 6e available far questions at tanight's meeting.
1. "Prior to draining the pool, the praperty owner shall consult with the City �vilding
Official to determine if the draining of the�ool is necessary,and if it is that all state and
Incal la+,vs are camplied with and the draining is perfarmed in a +,uay that does not
impact neighboring properties or the natural environment.
2, "Prior ta the issuanre af a huilding permit, an updated Geotechnical Report rnust be
su6mikted that indudes analysis and reeommendatians for the proposed.
3, "Tree/pratection#❑r native�aks of aBH a#8"require:
a. Care shall be taken when digging under groufld near the 6ase of the trees to he
protcctcd and preserved,
b, All digging within 6-feet af the 6ase of the trees shall 6e done by hand,
c. Any hales dug for construction {sucN as fnundations, fente posts, utilities] shaEl
avoid roots�inches or greater 6y relncating these holes tq an area where roots
do nok exteed A in�hes.
r1, 6umping n#chemical,washing equipment, and}or stacking of loase debris on ar
'� near roat xones and near#he ereek is prnhi6ited.
, e. Any vuark near #he creek shall be perfarmed cnnsistent with industry and
envirvnmental standards in order to preuent damage to uegetatinn on the bank.
f. Installation af pratective fencing and protective bufFer around the base af native
Oaks at S"DSH.��
See you tanight,
-Michelle
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 21
�4�9�hm�n,v_° �•
July 2D,2[f15
Jk ah�la nning�epartrnent
This letter Is�ncermng the proposed I lul3 resldcn�lpoa!onJinx orive.
My�on�ern is lhe addilion of a permit!o hui�d a pp41,whicn whe�oo�utructed musk wntaln water,
Where is this wat�r tv come from7lt was sald Hull has a"wefl"on thc prn�erty,and a pnol an h�filled
.l:l liing":hls"wazer.Thls water Is partaf the"�amrnnns"a resnuror.which fhP rnmmunirysfrarws.
:alitornia is in a dr�o�,ght,ar�d has heen far a flum4er pf ygars,wa[ci sueked f•4m Underglound scurces
has reduoed groundwaLer hasieis,aquafers and suh-�rrain wa[er ypurqes.
As ppnple r.ry cr are fnrasd 2o rwdur.a fhePr wat?r[xnsWmption across talifornle,i�clrc4e thls is not�he
appropriate timc to start issuing perrnits for prit�ate s'ngle farnily reside�al popls.Even iF the prnpertY
owner s:ates he will not he filling[he pq41�t thi;tlflle-I bCIIeVC Ot]OC 8 PCf115�t 45 15LI1Cd B�1'S011 h38!he
righ�_.0 act upnn lhee ilem permiLled_
RECEIVEQ
si��e-ely. Jl1L 212015
� � CLT3'OF UKLLII
SLIL6EY{;f PL�I'IdIVG i38PhR77AFYT
Be�ky Thune
uklah resldcnt
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 22
Michel�e JoE�nsan
From: {hariey Stump
Se�� Wednesday,Jul}'�z,�C�LS 7=5fi Rh�
Ta: Kev�n Thvmason:Mi�helleJohnson
Su�J�sY FVl:hillside develapmer�t
FYI
Charlry St�mp,�ireetar
Plannin�and Communi[y 6evelopment
c�ty oruw�r,
300 Seminary Auenue,Llkiah,CR 95482
�707]�fi3-6z19}[Slu�p�sliy�ukiah.ivm.
pla n ni ne.@tdvofu&iah.�oe�
---4R3ina1 Message----
F rom:[harley�stum p
$ent:Wednesday,July 21,2015 7:55 AM
To:'Pinky livahner'
Su4iect:RE=hilisi�e deveioomenS
Thanks,Rinky. IF a hillside hegins er�odingfrom a leaking poal,I'd imagine thase ooncemed vmuld find the leak and
repa I r It. I J ust d�d a qulck look at th e Yal ley and io u nd over 25 pools i n hillsid e areas-some a hrn e other res ide nces.
The 6uilding O#ficiaF and I hava not h�ard of any hillSid2 fdI�U�S 4r 4th2r ISS�°5 41[f1C Vdl�e}�dUP I6�edklfl$D4415,
.additionally,to our knatvledge,pools are Infrequcntry arained. 7he only r�asan co drai�them is ho make a repair. They
arenattypicallyarF•equentlydrainedFardeanins. Weare�nawar=_pfanypvaldrainingi55uesa55ociatedwithtt�e
other hlllside pools in[he 4alley. I'll ask aro•.�nd and see iF I can ar,y sp��ifi�infarrnation.
C.h�flpV Srllmp,UI�1PitOf
Planning and Comm�nity develapment
City of Uklah
300 Seiniriary Averiue,Ukiahi,CA 95482
(7f}7J-06i-fi�19{r.atiimnm7r.it+mfukiah,�qm
pla nni ne��itrolukiah,eom
•�••�Ori�irial Me�Mge-----
Frnm:PinkyKi�shnPr fmaihn:ninka&ushne��n�_�,c6m�
Se n[:W ed ne sday,J u ly 22,2015 7:33 kM
Ta:Cha�ey SturnP
5•d6jri l=Re=lii Ilsidr developrrienL
Charley,
i know th3i i8me 3nCh1[eCLS u5e 3 p4o1 bs b 5la6ilicer for a fiillside. My mam did that fnr a house she dasigned{huill in
Chattamaga,where wz iiwrd. W1y quPStinn really pertain5 tn a leaks and water discharge5 generally, "hegins IPaking'
Leaks are somet�mes hard ko detecC,yet they can erode a hil side. klw,what a6out when the pool is"emptied"Far
cleanin@? P
i
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 23
Cathy Elawadly
Fram; 6en Hih�hman�dhihshrrian��st7c�o��l.net�
5ent: 44e�'nesday_July 22,Z{]1 5 S'P4 Mi
To= Ceihy Ela•rradly
guhject: praposed buil�ingori Jaiiix
Hella,
I'm wflting t4 say that wh�le I am not specifcal�y opposed to another horna being buitt vn Janix,
InCffl�6ed density in the waotled hills�nrilh anly on4 muie o(egress is of conoem in the fire season
and 6eyand_I hape Ch2tthere crauld ha snmr ather route forthe residenks s�nd gueSLS o1[}lls long,
long'upper Stantlley StraaY'area.
As a resident nf siandley 5t.{925 W.St�ndl�y.between Hope and�arnes Stree#s,in ather words,
"lowar StandleyJ,I noke[h�t the[�afflC d0nslry��Id speed afe qulte in#ense_Paople corne'ofF the hili'
at hig'�speeds and disreg&rd[he posted speed Ilm�t slgns.Thls Is problernatic in the 6est of times,
�nd I believa khat wer�there a nahlydl d'ISaster,suCh as a fir�or earthquske,ther�e cnuld 6e seriaus
pro6lems for rescue warkers and residants.
Thac7k yau faf consldefing the length af this str�t and the numbers of people populat�ng the hill and
areas wes#of oora.
Sincareiy,
Leslie Kirkpalrlck
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 24
' � �5��'QChR7rii� . �
Citw af UkiAh
LTI�IAH FIRY;ll�YARThZEN`I'
PROJECT RE�IE��' C�MMENTS
PRf].IF.('T: [se Permit for 5in�le Yaoiilg 1Resideoce-Hillnidc
APF Ni}.r hTuniy#707
LCH:AT[{}N: 315.Tanix 11r-
DATF.: 2±Sf 2015
RES'IEF'4EDB4': 1{euin.Ichnin�,Di�;siunChicfJ FireMarahal
Fire fJepartm�nf Project Revicrw Camrr3endx ure bcst recamrne�datio�.s bclsed up����
tiaa anfnx'rMalaan s+rb��td7c.c�rrnd do r,o1 c:oM.eritatte hirlding co�dl�io�ls'ox appxuuul uf
e�ri}'r�.sp�cd of 2h�pl ojct:t. .Sj3eca�c con�t�cr�5,r�c�u+l�htends unc2 u{tprokuLr ur-e
ennd�teFed ore2y upnr�recetpt pf P�RNS iM COM,jt#k'f+Or�wifh u��App2icatinn fnr Ruitding
Per•mir. ('mm�rersr,r s�c�as IacaalaM afsrreernumbers, dnnr cFe ex�t.ri�s,�pe
exitt�t��F�ers,frr�;dun�s&ne��urkin�;areas, Ff�r.[ricnf s6tf+to�[rccc�.5s,sc�rrre lnck
fiax,�re a�armr, .cmnke detectors and orher raasliire i�yuircm�nts�vitt Fie anraotated
wher�cnn.strucrian pfans are ret�ie4ved far u permi€_Lncrrrians sho�rrr are,for co�acep�
orrfy,,4cra+Ml.loe.aaiarrs wi2[b�fr�ld iderrtifiee�ha+fhe F�r�I'YPVEiif70TJ BtLYPfizt,
f'mjcct icvi.w Fccs frrr dvs i,fe pcm,u nr:salculaied and rstained arJd x�ill tc app'i�d st dM tin>>OCzpprukal of lhe
Building Pc,rtn`t Any opplica6lc�lan rrvicw tinie chrrg2s incuned t3uring Pre-P�njec[R:view arc includod wil�i Plnn
KCYICw�KC:Llll�ll�'LI1C�J1I�l1U°PCR1LlL.�PPIl:.O[1�11�11'�C:99.
Commant$.
i. Project is Ivcated wilhin our local Hfgh Fir�Sereriiy Zpr�and as such shal€
cornpky with specific requirements as ilsted within tf�e Ca_Fire Cpde,2073
editian.ChaP#srd9 Sec4ans 49a7—4907.
3. Na improvernenffi ta existing access rdadway wil!6e requirad_
3. Res9denae Identlflaatian,New and existing 4uildings Bhall have appra+red
addre�s numbers pl�fnly legible and visihle frvm tf�e street.CFC Sec.5Q5.
4. F{nax Bqx f Gate AGCess.Thls IS a��ted"privata°residential area and la
locstad hehind a priv�te�CCe3s wkh An�ppl'opria#e lockfor Fire i}epartrnent
access.This aecass shall be mafnmined.Changes in atatus o#this gaee ahall
he immediat�ly 4roughtto the attentlon of#Ne City Fire EYlarshall.
7nere may be mure recommendatio�s when plans are submitted far review as pan of the
6uilding permit prooess_However fnr the purposa of"Project Review"the afare mentivned
recommer�dations have 6een su6mifked.
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 25
r
�RC C�MME�TS
17ATT'; Fcbniary 11,2015
ri.�,���nc�Pr•.�r�iTk: ?a4
Ul4'�r.EL'tlPl'L1C.'�N'1: fared Hull ��
PROI'ERTY!4DU1t�SS: 315]ani.[]r.
IR��4: llac�id W'illoughhy[fSuildin�Clffcifil)
13ui]dir��Ircrm;ls 1;•ill b:rcquircd fartktc ronsu�ctiQna�'tf�e pn�pascd SPDwith
�tta�•]Y��ars(�es �
TI1C[C]lIOWLRg C4flllt3E]][5�l'B 1f][.8[i�BC[.Ci�l�d thc upplicAnt m rcalixin�some o:tk�e it�rr:s
rcquircd to b:.incorporF.tn�intlta 6uildiu�m�r]Plans y1•hcn submicled farthc Lui:dina
�emi i i.Th i�i 4 ncsi r�p1Hn chrck fnr tltic perinit.
• �'+4��«<(;P�Rni4 muy be rrc{uiecd,
• A�JCOIrC�1lLC[l�IC4p4C[J3 te�LLLxLI,
+ 1l urpeurs lha�:omc af Ihe constniction dnes r�rt rRGK�cor.rcnt:onaJ
ca»sin��:iun maaircrnrnts and��•ill rcqu:i�a L'sliforr.ia l:.ccns:�?�rhiccc[
andfor an F.nginaer ui dzsi�n,
+ Thc henic x�ll Ix]�x:�red�E�_l��T.T�;�Vrry High Firc Scverit}•la�ie whiieh
reyuires 4peci[ic huilding roateiia:s:s}•s�ems snrllurasscmbliis nsed i�rl�a
exterinraesi�n and const�ctionofdia huildic�g;n lhc�L'ildland-L�:bar.
le�.zrfa�e f'ire Arcu,ItEeniify thcsc rcquilcmen�s un ihc p;uns 41�hca
su6initting tnr the huilrlin�p;.rmi�,
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 26
i •
Michelle lohnsnn
prom limmy 44zan4
Sl11S: FIh1f5C 5}r.FCh rua ry 65,2�15 71C AM
Ta h4ichelle fohnson
$uhject: Proje�[Review COfT1s+lRtPB RBEeffel:ML1N[5•t'7�7{5irtgle Family Residente� 315 lanix
fariv�r-lared kullj
H�M��4h�llr,
[�r+er�in��he Uss Yermit f�r Siaalo Family Rcsidco-:r az31S Isn3x B�i4k(Iarml![ull!,IFG CIEChI[dC�IC�Cd[LE9 OLL}'O1L:[Uy�p�td[
:+nthis pr�jocc tvizw.The City�oFLfkiali Fl�r�;�i�,�4mrn�dces va��?aci�sa]]}•fccd�e pmpascd pareel.Tk��lnr,�Y ihi�.�c
DeL•rl�pmeol is�is+ocely xnnd 6;•raa��ocmas ar�i s€condsry Fsci]icizR chaz xrc irz�ed hy 1hs Hnll-Piffero s�bdivisiau{u�s�rrt}�
�u�iara.'1'ha i:[}I Ih.11 r.l.x:rnr f t:il;i�r.s r.nd:�I[he hnhom o-the hill,at eur pad mount sia�iccli(PM�RIL:1} ��rom 1hia�iat on d�a
prLvsry�endsccandar}•facilitics ar=nrivut�[}�ntsn:e�i a�sA rrarri,�rr�l h,�nrhers 2,ng sxoadfn��ancz«oua made m che�LLtirflm:r'�
scniee pnneP nill ba mude bya�hsrs.
3hould}�u hare anyqu�civ��fte]tiee w�oncact mc.
Tkisuks.l���ue
Iim Lozana
�lectricol L•snm:..�'F]¢nner
C;�y of ilk;al�
1320 Airpon Road
Uloal�{:i ys.t�{x
Pil:"q7.4F?53?6
F]{=70?hd?-.".3 i]
il;,rmc•dr.iloufuk-;ih rnm
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 27
Michclle Jnhnsan
Fram: 7rent Taylor
Se�� N,onday,Jufy 2�7,26f5 2A0 PA,�
Ta: h�lichelle Jahnso n
Suh}aet: RC:TrafficJanix prive ar.d Sundley Street
i H�t and H�i7 to a m�il boK an x�ndley ncar�ts entcrsecuon witf��anin orive on 1o/is/io
11n1ur}�Crashon.anir:Driretl�hereadrluerranof�ofJariix�rivcromingdolvnt7ehil on5{1{12.
From:Michelle]ohnson
$ent:Plonday,]uly 20,2015 10:43 RP+]
Tp;Trenk Taylor
9uhject:Traffic Janix�riva and Standfev Stiaet
Importance:H'qh
Csand m 6rn in�1'rent,
I ain g0i�g SO Pldnning�qmmi55�9n q�1+V�dfl2Sddy JUI}�22�tl W�th 18Ytd I lull requesl for AppraJal�huild a Single Fami{+{
Horrie aL 315]dnix�riv�.Gary Nix�a;ne in tfiis morning with concens r�gara�ng Ii4fYd5ed Sr�ff�p��xdfldl°_y and lanlx;
CI1r3fIP.Y fP[�lIP.STP.{I I f.I1P.CICIf1 Wl'I7 WDllii}.SP.P f7I1pfF I1r3VF�P�B�YVphIC�L'ntt.dCFlt5�Nh2YB 12FlIk2rYd5landly5treet
meetas identiflcd onthe map Uclow.
t� - ,
x
; �`bs,. wxs+�
3 T��
�an�K
� ���h�
, F,.-:..
Tfiank ya�far youT help wi:h this.
-Mi�helle
�.�cs.��1i.'?Li' rf}/�i:i5:�'Yf
l5S515[3f1`.4��df1 M1Pf
[Ity af�kati
Rl:;�ini�y;ir�d Gnmriu:i:ly�:wrtlup�nun•,Orp:;r;rrrt
3ff7 Semirary?,errnic,likiah,CA 95?82
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 28
Int�r�ffice Memor�ndum � y `�
_ ���.
To� Michene.lohnson,AssistantPlanner
Frorn:Ben Kageyam�,�4niqr Cfvi1 EnglnOer
aate: March 3,2fl15
Re: PmJect ReUlew Car-irnittee Rafarral File#Td��Jse Petml[for Singls
Family Residence—Hills9de;�oc�`,pd at 31�Janlx D:ive
The pepartmerit of Publlc Worlss}ias reviev�ed the applie.atinn inrthe a6ove rw�d
prnject a�d has the followir�comment
Yaur atterition:s directed to canditions of appraval ior Majar Use Permik
No.p6-44{Thomas),whicn are also applicahle�o this pmject,Note t�e
previaus gecrt9r.hnieal report has been updsted 6y�JG 8 Assqciates on
January 3,2�13,
9:Wlnnnin�SD174E1 S.lanii�rlre_!In9�e Fam11y Reeitlenelal fIP.PC1Projet��4�RI'F119�7UT.lafa4 Hull 5lnpla f5mlly Reiidmcc�3�SAOe
]
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 29
Michelle Jahnsvn
Fram: Brn KagCy�m�
Sent Monday,July�0,2C15 1��9 PM
Tp: Mi�helle Joh�son
5W6]ec7; �=-Traffic lanix f}ri4e�nd StanrlleySS'eet
Ther=_sho.�ld be no Issue urlkh ad�nga s�n�le�amily hometvilhl�anzppravcdsubdivisien prcje�t..an n�t awareofany
tfdfflC Sa�tY issues dl Lfis interse�tiuii_
f1°n
Benl3m:n Kagayam�,?.C.
Sen�ar Ciw.i Fng�neer
�iSv�r Ukiah_Puh:ic Warks�cp�rlmcrl
��a��a,3a�i28d
From:hlichelle]ohreon
Sent:Monday,.7uly 2a,Z015 14:5z AM1t
ra:sen liaaeyama
5ulr�acC 7rafflc J3nlx Ori++e and Standley Street
amporeance:Mlgh
Goo�morning Bru,
I am gcing ta�lannin�Commission an 44ednesdayJuly 22`�tivith Jarad Full request for hpproval ta huild a Single Fam�ly
I lome at 31S Janiu:�riv�.C�ary IVix{ame in khis mornin�with:onCerns regarding inereasCd traFfi�on Standley and Janix;
Charley reyuesled I cf�eck iii vri:fi yuu lu see if lf�ere is potential t�a#fi�issues Whgre Janix���$XdfldlV Stfeet R12Et 35
icentified nn iFe map he]oiv.
'r.: ' '' , .
d
S
� �'y.� L�ee9rn
� � �
��.
�an�x �
a
7 r..:�'
�{ h:•
7hank you�r ypur help wi�h this.
-M�:helle
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MINUTES OF THE PLANNING COMMISSION July 22, 2015
Page 30
1 ITEM NO. 10A
Community Development and Planning Department
city of Zlkah 300 Seminary Avenue
Ukiah, CA 95482
plannin�@cityofukiah.com
(707)463-6203
2
3 DATE: August 12, 2015
4
5 TO: Planning Commission
6
7 FROM: Kevin Thompson, Principal Planner
8
9 SUBJECT: Proposed Amendment to Zoning Ordinance per the requirements of Senate Bill No. 2
10 (SB2)
11 File No: 1105
12
13
14 RECOMMENDATION
15
16 Staff recommends that the Planning Commission review the proposed amendments to Zoning
17 Ordinance Article 9, creation of Homeless Shelter Overlay zone and enabling text, and make a
18 recommendation to the City Council concerning adoption of the proposed ordinance and resolution.
19
20 PURPOSE OF AMENDMENTS
21
22 This project proposes the establishment of a zoning overlay district that will provide a location where a
23 homeless shelter can be established by right,with no discretionary approvals, per the requirements of
24 SB2. SB2 was effective January 1, 2008 and requires jurisdictions allow emergency shelters without
25 conditional use or other discretionary permits in at least one zoning district, or within an overlay district.
26 This proposal would establish an overlay district in the northwest section of Ukiah that includes both
27 commercially and industrially zoned properties(see map below). Further, this zoning ordinance
28 amendment represents the last remaining item required by the Department of Housing and Community
29 Development for Housing Element certification (see attachment 1). At the May 14, 2015 Planning
30 Commission meeting, staff presented options for SB2 compliance,this proposed overlay implements the
31 direction provided by the Planning Commission.
32 The following definition is excerpted from the Department of Housing and Community Development
33 memo dated May 7, 2008.
34
Zoning Ordinance Amendments
Housing Element Implementation
Project#1105
1
1 Emer�encv Shelters(Health and Safetv Code Section 50801 (e)
2 "Emergency shelter" means housing with minimal supportive services for homeless persons that is
3 limited to occupancy of six months or less by a homeless person. No individual or household may be
4 denied emergency shelter because of an inability to pay.
5 Ukiah Housing Element:
6
7 As required by SB 2, and to implement the Housing Element, adopted in 2011, address needs for
8 homeless shelters and transitional and supportive housing Policies: H-2f and H-2n
9
10 H-2.f: The zoning code shall be amended to allow homeless facilities without the requirement for a Use
11 Permit in the M Manufacturing zoning designation. The zoning code shall require a Site Development
12 Permit and facility management plan, and reasonable site development standards for homeless
13 facilities, pursuant to California Government Code Section 65583.
14
15 H-2.n:Amend the zoning ordinance to be consistent with Senate Bill 2. All transitional and supportive
16 housing shall be considered a residential use and only those restrictions that apply to other residential
17 uses of the same type (single family residential, duplex, multi-family, etc.) shall be imposed.
18
19 Zoning Text Amendments
20
21 To comply with the provisions of SB 2, the following text amendments (shown in underline) to the
22 zoning ordinance are required:
23
24
Section Number Modification
Section Title Staff Analysis
9171 Current:
USE PERMIT REQUIRED
A. All homeless facilities in the city of Ukiah require planning commission
review and approval of a use permit,consistent with section 9262 of the zoning
code.
B. Actions by the planning commission relative to a homeless facility use permit
may be appealed to the city council consistent with subsection 9262D4 of the
zoning code.
C. Homeless facilities may be proposed and approved in the following zoning
districts:CN (Neighborhood Commercial);C-1(General Commercial); C-2(Heavy
Commercial/Light Industrial); PF(Public Facilities); M (Manufacturing); R-1
(Single-Family Residential); R-2(Medium Density Residential)and R-3(High
Density Residential). (Ord. 1031, §1,adopted 2000)
Zoning Ordinance Amendments
Housing Element Implementation
Project#1105
2
Section Number Modification
Section Title Staff Analysis
Proposed Addition:
D. Homeless facilities are allowed without Use Permit in the homeless shelter
overlav district.
9172 Current:
USE PERMITAPPROVAL
GUIDELINES A. The city council shall adopt and may,from time to time,amend use and
development guidelines for homeless facilities.
B. Such guidelines shall be adopted by resolution,which shall be made
available to any applicant seeking to construct or install a homeless facility in the
city.
C. Such guidelines shall be utilized by applicants to design and organize any
proposed homeless facility in the city.
D. Such guidelines shall be utilized by the planning commission,or city council
in its decision to approve,deny,or modify a homeless facility use permit.
E. Conditions of approval established by the planning commission,or city
council in its review and approval of any homeless facility shall be based on the
adopted homeless facility guidelines.
F. An approved homeless facility use permit may be revoked if the shelter is not
being conducted in compliance with the conditions of approval,or in violation of
any other ordinance pertaining to its operation. Revocation proceedings shall be
conducted in accordance with subsection 9262H of the zoning code. (Ord. 1031,
§1, adopted 2000)
Proposed Addition:
G. A homeless facility operatin�within the homeless shelter overlav zone shall
comply with Resolution 2001-15"Homeless Shelter Facility Use Development
Guidelines"
1
2 Zoning Text Amendments
3
4 In addition to the text amendments described above,the Zoning Map will also be amended.The
5 addition of a homeless shelter overlay zone will be added as follows:
6
7
8
Zoning Ordinance Amendments
Housing Element Implementation
Project#1105
3
1 Proposed Homeless Shelter Overlay
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5 Parcels within the overlay include:
6
Parcel APN Size Zoning Current Use
002-010-11 2.64 Industrial Eagle Distribution
002-040-36 0.36 Industrial Single Family Home
002-040-37 0.96 Industrial Irrigation Supply
002-040-32 0.86 Industrial Steel Manufacturing
002-040-38 1.07 Industrial Steel Manufacturing
002-093-25 3.09 Heavy Commercial Religious
002-093-19 2.65 Heavy Commercial Ford Street Project
TOTAL 11.63
7
8
9
10
11
12
13
Zoning Ordinance Amendments
Housing Element Implementation
Project#1105
4
1
2 GENERAL PLAN CONSISTENCY
3
4 Staff believes that the proposed amendments are consistent with and will help to implement to goals
5 and policies of the General Plan as described in the General Plan Consistency Table below.
6
7
Goal/Policy# Consistency Determination
Goal/Policy Text
Housing Element
Goal CF-9 Help reduce public health costs The project would promote good personal health and would
through education and support programs help to reduce public health costs by curing substance abuse
knowledge of prevention and self- and providing preventative education
treatment of inedical problems.
Goal H-2.e. Housing Element As Staff and Providing homeless services and other vital community services
resources allow,assist the Ukiah Homeless to the community
Services Planning Group in all ways
possible.
8
9 CURRENT OPERATING STANDARDS FOR HOMELESS SHELTERS:
10
11 Resolution 2001-15 established the Use and Development Guidelines for the operation of homeless
12 shelters with the City of Ukiah (Attachment 5). Guidelines include: Use Permit requirements, distances
13 from schools and residential areas, hours of operation, size, lighting and access. These guidelines would
14 apply to a homeless shelter operating within the proposed homeless shelter overlay or anywhere in
15 town. Included in this proposal is an amendment to Resolution 2001-15 indicating that a Use Permit
16 would not be required with the Homeless Shelter Overlay zone.
17
18 FINDINGS
19
20 Pursuant to Zoning Ordinance Section 9265: Zoning Text and Map Amendments, the City Council is
21 required to make findings supporting their action when advised by the City Attorney. Based on the
22 above analysis, the project is consistent with the City of Ukiah General Plan, the purposes of the
23 Homeless Shelter Overlay Zone, and the Ukiah Municipal Code.
24
25
26
27
28
29
Zoning Ordinance Amendments
Housing Element Implementation
Project#1105
5
1 ENVIRONMENTAL REVIEW
2
3 Planning Department staff prepared an Initial Environmental Study(IS) in order to evaluate the potential
4 impacts that could result from the Project (see attachment 1). The IS found that the proposed project
5 could not have a significant effect on the environment, and a negative declaration was prepared.
6
7 The Notice of Intent (NOI) to adopt a Negative Declaration and public notice for both the
8 Planning Commission and City Council public hearings were made available in the following
9 manner:
10
11 ■ posted at the County Clerk on July 7, 2015
12 ■ mailed to property owners within 300 feet of the parcels included in the Project July
13 6, 2015
14 ■ published in the Ukiah Daily Journal on July 5, 2015
15 ■ posted at the Civic Center (glass case) on July 6, 2015
16 ■ posted on the City's Web site July 7, 2015
17
18 PUBLIC NOTICE
19
20 Notice of the proposed amendments where provided in the following manner:
21
22 ■ mailed to owners of property located in the area on July 6, 2015
23 ■ display ad published in the Ukiah Daily Journal on July 5, 2015
24
25
26 PUBLIC COMMENT
27
28 As of the writing of this staff report, no correspondence has been received in response to the public
29 notice.
30
31 RECOMMENDATION
32
33 Staff recommends Planning Commission:
34
35 1. Make a recommendation to the City Council to adopt the Negative Declaration (ND)
36 based on the findings included in attachment 2; and
37
38 2. Make a recommendation to the City Council to introduce an ordinance by title only to
39 create the Homeless Shelter Overlay zone and accompanying text.
40 3. Make a recommendation to the City Council to amend resolution 2001-15 to include
41 new Use Permit requirements for Homeless Shelters.
42
Zoning Ordinance Amendments
Housing Element Implementation
Project#1105
6
1 ATTACHMENTS
2
3 1. Draft Ordinance
4 2. Finding for Negative Declaration
5 3. Negative Declaration/ Initial Study
6 4. Draft Amended Resolution 2001-15 (Homeless shelter operating guidelines)
7 5. Letter from HCD May 11, 2015
8
Zoning Ordinance Amendments
Housing Element Implementation
Project#1105
7
1 ATTACHMENT 1
2
3 ORDINANCE NO.
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL
5 ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA AND
6 ESTABLISHING THE HOMELESS SHELTER OVERLAY ZONE
7
8 The City Council of the City of Ukiah does hereby ordain as follows:
9
10 SECTION ONE-FINDINGS AND DECLARATIONS
11
12 1. The proposed Zoning Ordinance text and map amendment is consistent with the findings
13 required for adoption of an ordinance to approve a zoning ordinance amendment as required by
14 zoning ordinance section 9265.
15
16 2. General Plan: The Project is consistent with General Plan because it implements General Plan
17 Housing Element Goals, Goal CF-9 and Goal H-2.e.
18
19 3. The Project would fulfill the requirements of Senate Bill 2, requiring Cities and Counties to allow
20 a homeless shelter by right in at least one zoning designation or within an overlay zone.
21
22 4. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a Negative
23 Declaration dated July 6, 2015 to evaluate the potential environmental impacts of the Zoning
24 Ordinance text and map amendments.
25
26 5. The proposed project has been reviewed according to the standards and requirements of the
27 California Environmental Quality Act(CEAQ) and an Initial Study Environmental Evaluation
28 Checklist has been prepared for the proposed project.The Initial Study has determined that the
29 proposed project could not result in significant effects on the environment.
30
31 6. On XX the City Council conducted a duly noticed public hearing and after receiving public
32 testimony and conducting due deliberations, voted to: adopt the Negative Declaration for
33 Homeless Shelter Overlay zone.
34
35 7. Notice of the Intent to Adopt a Negative Declaration and notice of the rezoning was provided in
36 the following manner:
37
38 ■ posted at the County Clerk on July 6, 2015
39 ■ mailed to property owners within 300 feet of the parcels included in the Project July 6, 2015
40 ■ published in the Ukiah Daily Journal on July 5, 2015
41 ■ posted at the Civic Center(glass case) on July 6, 2015
42 ■ posted on the City's Web site July 6, 2015
43
44
1 Pursuant to the procedures set forth in Ukiah City Code Section 9009, the Official Zoning Map for the
2 City of Ukiah is amended to include an overlay district for the establishment of a homeless shelter
3 zoning overlay zone as shown in Exhibit 1 herein attached.
4
5 Section Two
6 Pursuant to the procedures set forth in Ukiah City Code Section 9009, the Official Zoning Ordinance for
7 the City of Ukiah is amended to include enabling language for the establishment of a homeless shelter
8 zoning overlay zone as shown in Exhibit 1 herein attached.
9
10 Section Three
11 This amendment to the Official Zoning Map for the City of Ukiah a homeless shelter overlay action are
12 necessary to comply with Senate Bill 2 (Cedillo, 2008) establishing a location for the placement of a
13 homeless shelter by right,with no discretionary approvals.
14
15 Section Four
16 The standards for the operation of a homeless shelter will apply and were established in Resolution
17 2001-15 adopted by the Ukiah City Council in August 2000.
18
19 Section Five
20 The Planning Commission held a public workshop to provide direction on the location of the proposed
21 homeless shelter overlay on May 13, 2015. The Planning Commission provided direction to staff for the
22 establishment of a homeless shelter overlay in the northeast section of the Ukiah. The Planning
23 Commission voted to recommend the City Council approve the Zoning Map Amendment and enabling
24 Zoning Ordinance text amendments.
25
26 On August 12, 2015 the Planning Commission held a public hearing as required by the Ukiah City Code
27 for adoption of a Zoning Map Amendment and associated Zoning Ordinance text amendments.
28
29 Section Six
30 This ordinance shall be published as required by law in a newspaper of general circulation.
31
32 Section Seven
33 This ordinance shall become effective thirty(30) days after adoption.
34
35 Introduced by title only on XX by the following roll call vote:
36
37
38 AYES:
39 NOS:
40 ABSENT:
41 ABSTAIN:
42
43 Passed and adopted on by the following vote:
44
45 AYES:
46 NOS:
47 ABSENT:
48 ABSTAIN:
1
2 Doug Crane, Mayor
3
4
5 ATTEST:
6
7
8 Kristine Lawler, City Clerk
9
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1 Amendments shown in underline
Section Number Modification
Section Title Staff Analysis
9171 Current:
USE PERMIT REQUIRED
A. All homeless facilities in the city of Ukiah require planning commission
review and approval of a use permit,consistent with section 9262 of the zoning
code.
B. Actions by the planning commission relative to a homeless facility use permit
may be appealed to the city council consistent with subsection 9262D4 of the
zoning code.
C. Homeless facilities may be proposed and approved in the following zoning
districts:CN (Neighborhood Commercial);C-1(General Commercial); C-2(Heavy
Commercial/Light Industrial); PF(Public Facilities); M (Manufacturing); R-1
(Single-Family Residential); R-2(Medium Density Residential)and R-3(High
Density Residential). (Ord. 1031, §1,adopted 2000)
Proposed Addition:
D. Homeless facilities are allowed with the homeless shelter overlay district.
9172 Current:
USE PERMITAPPROVAL
GUIDELINES A. The city council shall adopt and may,from time to time,amend use and
development guidelines for homeless facilities.
B. Such guidelines shall be adopted by resolution,which shall be made
available to any applicant seeking to construct or install a homeless facility in the
city.
C. Such guidelines shall be utilized by applicants to design and organize any
proposed homeless facility in the city.
D. Such guidelines shall be utilized by the planning commission,or city council
in its decision to approve, deny,or modify a homeless facility use permit.
E. Conditions of approval established by the planning commission,or city
council in its review and approval of any homeless facility shall be based on the
adopted homeless facility guidelines.
F. An approved homeless facility use permit may be revoked if the shelter is not
being conducted in compliance with the conditions of approval,or in violation of
any other ordinance pertaining to its operation. Revocation proceedings shall be
conducted in accordance with subsection 9262H of the zoning code. (Ord. 1031,
§1,adopted 2000)
Section Number Modification
Section Title Staff Analysis
Proposed Addition:
G. A homeless facility operatin�within the homeless shelter overlav zone shall
comply with Resolution 2001-15"Homeless Shelter Facility Use Development
Guidelines"
1
1 Attachment 2
2
3
4 FINDINGS TO ADOPT A NEGATIVE DECLARATION FOR
5 THE HOMELESS SHELTER ZONING OVERLAY
6 FILE N0.:1150
7 PURSUANT TO THE REQUIREMENTS OF THE
8 CALIFORNIA ENVIRONMENTAL QUALITY ACT("CEQA")
9
10
11 1. The Project will approve a Zoning Ordinance text and map amendment to allow the establishment of
12 a homeless shelter overlay zone on the City of Ukiah's Zoning Map that within a homeless shelter
13 can be established by right, with no discretionary approvals.
14
15 2. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a Negative
16 Declaration dated July 6, 2015 to evaluate the potential environmental impacts of the Zoning
17 Ordinance text and map amendments.
18
19 3. The Initial Environmental Study examined areas of potential impacts and based on the conclusions
20 reached in the Initial Environmental Study, it has been determined that the proposed project would
21 not have significant adverse impacts on the environment for the following reasons:
22
23 A. The proposed project has been reviewed according to the standards and requirements of the
24 California Environmental Quality Act(CEAQ) and an Initial Study Environmental Evaluation
25 Checklist has been prepared for the proposed project.The Initial Study has determined that the
26 proposed project could not result in significant effects on the environment.
27
28 B. The project will not result in any development that would have an adverse effect scenic
29 resources
30
31 C. The project will not result in any development that would have an adverse effect on agricultural
32 land.
33
34 D. The project will not result in any development that would have significant impacts related to air
35 quality.
36
37 E. The Project would not have an impact on any existing or future agriculture use. There are no
38 parcels within the City zoned Agriculture and no agricultural uses on or proximate to the Project
39 site.
40
41 F. The project will not result in any development that would have significant adverse impact to
42 biological resources such as wildlife or wetlands.
43
44 G. The project will not result in any development that would have significant impacts to known
45 cultural resources including historical resources, archaeological resources, paleontological
46 resources, unique topography or disturb human remains.
47
48 H. The text and map amendment will not affect geological hazards.
49
Findings for Negative Declaration
Homeless Shelter Overlay Zone
1
1 I. The text and map amendment will not affect any greenhouse gas emissions.
2
3 J. The text and map amendment will not affect water quality standards.
4
5 K. The text and map amendment is not in conflict with the policies of the General Plan.
6
7 L. The text and map amendment could not result in a significant impact to mineral resources since
8 no construction will take place as part of this project.
9
10 M. The text and map amendment could not result in a significant noise impact.
11
12 N. The text and map amendment could not result in a significant impact to public services.
13
14 O. The text and map amendment could not result in a significant impact to traffic of result in
15 changes to traffic patterns or emergency vehicle access.
16
17 P. The text and map amendment could not result in a significant impact to parking.
18
19 4. There is no substantial evidence in light of the whole record before the City of Ukiah that the
20 Project,would have a significant effect on the environment.
21
22 5. The Initial Environmental Study was prepared and demonstrated there is no substantial evidence
23 that supports a fair argument that the Project,would have a significant effect on the environment.
24
25 6. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the
26 Project, does not have the potential to degrade the quality of the local or regional environment.
27
28 7. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the
29 Project, will not result in short-term impacts that will create a disadvantage to long-term
30 environmental goals.
31
32 8. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the
33 Project,will not result in impacts that are individually limited, but cumulative considerable.
34
35 9. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the
36 Project, will not result in impacts that will cause substantial adverse effects on human beings, either
37 directly or indirectly.
38
39
40 10. A Notice of Intent to adopt the Negative Declaration was made available in the following manner:
41 posted at the Mendocino County Clerk on July 6, 2015; mailed to property owners within 300 feet of
42 the parcels included in the Project on July 6, 2015; published in the Ukiah Daily Journal on July 5,
43 2015; and posted on the Project site on July 6, 2015 in order to notify interested parties of Planning
44 Commission consideration of the Negative Declaration at its August 12, 2015.
45
46 11. The Initial Environmental Study and Negative Declaration and record of proceedings of the decision
47 on the Project are available for public review at the City of Ukiah Planning Department, Ukiah Civic
48 Center, 300 Seminary Avenue, Ukiah, CA.
49
Findings for Negative Declaration
Homeless Shelter Overlay Zone
2
1 12. On August 12, 2015 the Planning Commission held public hearings to receive public comment and
2 consider the Negative Declaration for the Homeless Shelter Overlay Zone At the August 12, 2015
3 meeting, the Planning Commission voted unanimously (XX) to make a recommendation to the City
4 Council to adopt the Negative Declaration for the Homeless Shelter Overlay Zone.
5
6
Findings for Negative Declaration
Homeless Shelter Overlay Zone
3
ATTACHMENT 3
� NEGATIVE DECLARATION/
INITIAL ENVIRONMENTAL STUDY
City of Ukiah
Project Title: Zoning Ordinance Amendment for Homeless Shelters(S62)
Lead Agency Name and Address: City of Ukiah Department of Planning and
Community Development
300 Seminary Avenue
Ukiah, CA 95482
Project Location: Homeless Shelter Overlay Zone- Northeast quadrant of Ukiah
Project Sponsor's Name and
Address: City of Ukiah
General Plan Designation(s): Industrial, and Commercial
Zoning: Industrial (I) and Heavy Commercial (C2)
Contact Person: Kevin Thompson, Principal Planner
Phone Number: 707-463-6207
Date Prepared: July 7, 2015
Public Review Period: July 7, 2015, -July 27, 2015.
PROJECT DESCRIPTION
This project proposes the establishment of a zoning overlay district that will provide a location where a
homeless shelter can be established by right,with no discretionary approvals, per the requirements of
Senate Bill 2 (Cedillo, 2008). S62 was effective January 1, 2008 and requires jurisdictions allow
emergency shelters (see definition below)without conditional use or other discretionary permits in at
least one zoning district, or within an overlay district.This proposal would establish an overlay district in
the northeast section of Ukiah that includes both commercially and industrially zoned properties (see
map below).At the May 14, 2015 Planning Commission meeting, staff presented options for SB2
compliance,this proposed overlay implements the direction provided to staff. Further,this zoning
ordinance amendment represents the last remaining item required by the Department of Housing and
Community Development(HCD) for Housing Element certification.
The following definition is excerpted from the Department of Housing and Community
Development memo dated May 7, 2008.
INITIALS�UDY/NEGATIVEDBCLARATION
Emer�ency Shelters (Health and Safety Code Section 50801 (e)
"Emergency shelter" means housing with minimal supportive services for homeless persons
that is limited to occupancy of six months or less by a homeless person. No individual or
household may be denied emergency shelter because of an inability to pay.
UKIAH HOUSING ELEMENT:
The Housing Element contains "Implementing Tasks" that support this proposal as follows:
H-2.f: The zoning code shall be amended to allow homeless facilities without the requirement for a Use
Permit in the M Manufacturing zoning designation. The zoning code shall require a Site Development
Permit and facility management plan, and reasonable site development standards for homeless
facilities, pursuant to California Government Code Section 65583.
H-2.n: Amend the zoning ordinance to be consistent with Senate Bill 2. All transitional and
supportive housing shall be considered a residential use and only those restrictions that apply
to other residential uses of the same type (single family residential, duplex, multi-family, etc.)
shall be imposed.
Proposed Homeless Shelter Overlay
- - ���
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City of Ukiah Housng 9ement Implementation: Home/ess Shelter Zoning
Overlay„Uly 2015
2
INITIALS�UDY/NEGATIVEDBCLARATION
Parcels within the overlay include:
Parcel APN Size Zoning Current Use
002-010-11 2.64 Industrial Trucking/Vacant
002-040-36 0.36 Industrial Single Family Home
002-040-37 0.96 Industrial Irrigation Supply
002-040-32 0.86 Industrial Steel Manufacturing
002-040-38 1.07 Industrial Steel Manufacturing
002-093-25 3.09 Heavy Commercial Religious
002-093-19 2.65 Heavy Commercial Ford Street Project
TOTAL 11.63
Zoning Text Amendments:
To implement this proposal, the following text amendments (shown in underline) to the zoning
ordinance are required:
Section Number Modification
Section Title Staff Analysis
9171 Current:
USE PERMIT REQUIRED
A. All homeless facilities in the city of Ukiah require planning
commission review and approval of a use permit, consistent with section
9262 of the zoning code.
B. Actions by the planning commission relative to a homeless facility use
permit may be appealed to the city council consistent with subsection
9262D4 of the zoning code.
C. Homeless facilities may be proposed and approved in the following
zoning districts: CN (Neighborhood Commercial); C-1 (General
Commercial); C-2 (Heavy Commercial/Light Industrial); PF(Public
Facilities); M (Manufacturing); R-1 (Single-Family Residential); R-2
(Medium Density Residential) and R-3 (High Density Residential). (Ord.
1031, §1, adopted 2000)
Proposed Addition:
D. Homeless facilities are allowed with the homeless shelter
overlav district.
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Section Number Modification
Section Title Staff Analysis
9172 Current:
USE PERMIT APPROVAL
GUIDELINES A. The city council shall adopt and may,from time to time, amend use
and development guidelines for homeless facilities.
B. Such guidelines shall be adopted by resolution,which shall be made
available to any applicant seeking to construct or install a homeless
facility in the city.
C. Such guidelines shall be utilized by applicants to design and organize
any proposed homeless facility in the city.
D. Such guidelines shall be utilized by the planning commission, or city
council in its decision to approve, deny, or modify a homeless facility use
permit.
E. Conditions of approval established by the planning commission, or
city council in its review and approval of any homeless facility shall be
based on the adopted homeless facility guidelines.
F. An approved homeless facility use permit may be revoked if the
shelter is not being conducted in compliance with the conditions of
approval, or in violation of any other ordinance pertaining to its
operation. Revocation proceedings shall be conducted in accordance with
subsection 9262H of the zoning code. (Ord. 1031, §1, adopted 2000)
Proposed Addition:
G. A homeless facility operatin�within the homeless shelter overlay
zone comply with Resolution 2001-15 "Homeless Shelter Facility Use
Development Guidelines"
Other Public Agencies With Approval Authority (e.g., permits, financing approval, or participation
agreement):
■ City of Ukiah Building Department
■ City of Ukiah Department of Water and Sewer
■ City of Ukiah City Engineer/Department of Public Works
■ City of Ukiah Electrical Department
Environmental Factors Potentially Affected: The environmental factors checked below would be
potentially affected by this project, as indicated by the checklist and corresponding discussions.
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Aesthetics ❑ Agricultural Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
❑ Hazards& Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning
❑ Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑
Transportation/
Traffic
❑ Utilities/Service Systems ❑ Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
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 impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
Planner's Signature:
Date:
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PURPOSE OF THIS INITIAL STUDY
This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the
project, as proposed, may have a significant effect upon the environment. Based upon the findings contained
within this report,the Initial Study will be used in support of the preparation of Negative Declaration.
I. AESTHETICS �essThan
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact
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 ❑ ❑ ❑ �
views in the area?
Significance Criteria: Aesthetic impacts would be significant if the project resulted in the obstruction of any
scenic view or vista from the public right-of-way, damage to significant scenic resources within a designated
State scenic highway, creation of an aesthetically offensive site from the public right-of-way, substantial
degradation to the existing visual character or quality of the site and its surroundings, or new sources of light
or glare that would adversely affect day or nighttime views in the area, including that which would directly
illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing,working
or otherwise situated within sight of the project.
Discussion:
a-d The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit or other discretionary permits. The General Plan does not identify the
proposed overlay area as containing scenic vistas, or scenic resources. The proposed overlay area is not
located near any heritage trees, rock outcroppings, and historic buildings or within state scenic highways area.
Any proposed project with the overlay would be subject to the City's lighting standards as follows:
All outdoor light fixtures shall be located, aimed, and shielded so as to minimize light spilling over property
lines and avoid directing light towards motorists and pedestrians. Fixtures shall be full cutoff and nighttime
friendly and shall be International Dark Sky Association (IDA) approved or equivalent. Prior to installation of
the exterior lighting, the applicant shall prepare a photometric plan for review and approval by the Planning
Department that demonstrates that the lighting will not spillover onto adjacent properties and that all lighting
is shielded.
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Mitigation Measures:
None required.
No Impact.
2. AGRICULTURAL RESOURCES
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact
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) Involve other changes in the existing
environment which, due to their location or � � � �
nature, could result in conversion of Farmland, to
non-agricultural use?
Significance Criteria: Significant impacts would occur to agricultural resources if the proposed project would
hamper existing agricultural operations or convert agricultural land to urban uses. Significant impacts would
occur to agricultural resources and non-farmland to non-agricultural.
Discussion:
a-c) The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit or other discretionary permits. The entire overlay area is within an
urbanized area,there are no unique farmland or Williamson Act contracts located within the proposed overlay
area.
Mitigation Measures: None required.
No Impact.
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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.
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation 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?
Significance Criteria: Air Quality Impacts would be significant if the project results in any of the following:
■ Conflicts with or obstructs implementation of any applicable Air Quality Plan;
■ Violates any air quality standard or contributes substantially to an existing or project air quality
violation, including a cumulatively considerable net increase of any criteria for which the region is in
nonattainment as defined by Federal or State regulations. For the Mendocino County Air Quality
Management District, the applicable daily thresholds for criteria pollutants would be significant if they
exceed any of the following:
■ Reactive organic gases (ROG) 220 Ibs.
■ Nitrogen oxides (Nox) 220 Ibs.
■ Sulfer oxides (Sox) 220 Ibs.
■ Particulates (PM10) 80 Ibs.
■ If carbon monoxide (CO) exceeds 550 Ibs./day, dispersion modeling is recommended to determine the
significance of the impact upon Federal or State standards.
■ Exposes sensitive receptors to substantial pollutant concentrations; or
■ Creates objectionable odors affecting a substantial number of people.
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Discussion:
a-c)The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the
overlay area without a conditional use permit or other discretionary permits Any construction
proposed as result of the overlay will be subject to the City's building permit process which requires
dust control measures during construction. Further all grading shall comply with Mendocino County Air
Quality Management District Rule 1-430, Fugitive Dust Emissions.
d) Sensitive Receptors: "Sensitive Receptors" are defined as facilities where sensitive population
groups (children,the elderly,the acutely ill, and the chronically ill) are likely to be located.These land
uses include residences, school, playgrounds, child care centers, retirement homes, convalescent
homes, hospitals,and medical clinics.The creation of the homeless shelter overlay zone would have no
effect on future development levels and therefore would not result in any impacts beyond those
identified in the General Plan EIR. Future development will be required to comply with the Uniform
Building Code during project construction.
e) Objectionable Odors:There would be no impact.
Mitigation Measures: None required.
No Impact.
4. BIOLOGICAL RESOURCES Less Than
Potentially Significant Less Than No
Would the projeCt• Significant With Significant Im act
Impact Mitigation Impact p
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 Less Than
Potentially Significant Less Than No
Would the projeCt• Significant With Significant Im act
Impact Mitigation Impact p
Incorporated
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?
Significance Criteria: Project impacts upon biological resources would be significant if any of the following
resulted:
■ Substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status
species in local/regional plans, policies, or regulations, or by the California Department of Fish and Game
or U.S. Fish and Wildlife Service or any species protected under provisions of the Migratory Bird treaty Act;
■ Substantial effect upon sensitive natural communities identified in local/regional plans, policies, or
regulations or by the agencies listed above;
■ Substantial effect (e.g.,fill, removal, hydrologic interruption) upon Federally protected wetlands under
Section 404 of the Clean Water Act;
■ Substantially interfere with movement of native resident or migratory wildlife species or with established
native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
■ Conflict with any local policies/ordinances that protect biological resources (e.g.,tree preservation policy
or ordinance).
Discussion:
a-f) The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit or other discretionary permits. The General Plan has not identified the
area as containing any biologically sensitive areas or habitat within the proposed overlay area. The overlay
area is urbanized containing industrial and service related uses.
Mitigation Measures: None required.
No Impact
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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?
Significance Criteria: A significant impact to historic and cultural resources would occur if implementation of
the project would:
■ Cause a substantial change in the significance of a historical or cultural resource;
■ Result in the removal or substantial exterior alteration of a building or structure or district that may be
eligible for listing in the National Register or California Register;
■ Result in the removal or substantial exterior alteration of a building or structure so that it results in the loss
of a designated county landmark in the City of Ukiah;
■ Result in the destruction of a unique paleontological resource, site or unique geological feature, or disturbs
any human remains.
Discussion:
a-d)The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit or other discretionary permits. There are no known cultural resources
within the proposed overlay area. The overlay area is built out containing industrial and service related uses.
Any construction of a new homeless facility as a result of this overlay will require a building permit that will
have the following building permit conditions:
Conditions:
1. If, during site preparation or construction activities, any historic or prehistoric cultural resources are
unearthed and discovered, all work shall immediately be halted, and the City shall be notified of the
discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist
to perform a field reconnaissance and to develop a precise mitigation program if deemed necessary.
2. If human remains are encountered during construction excavation and grading activities, State Health
and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County
Coroner has made the necessary findings as to the origin and disposition pursuant to PRC Section
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5097.98. If the remains are to be of Native American descent,the coroner has 24 hours to notify the
Native American Heritage Commission (NAHC). The NAHC will then identify the person(s)thought to
be the Most Likely Descendent, who will help determine what course of action should be taken in
dealing with the remains.
Mitigation Measures: None required.
No Impact
6. GEOLOGY AND SOILS �ess Than
WOUId the pYOjeCt: Potentially Significant Less Than No
Significant With Significant
Impact
Impact Mitigation Impact
Incorporated
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) Landslides? ❑ ❑ ❑ �
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, creating ❑ ❑ ❑ �
substantial risks to life or property?
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6. GEOLOGY AND SOILS �ess Than
Potentially Significant Less Than
Would the project: No
Significant With Significant Impact
Impact Mitigation Impact
Incorporated
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?
Significance Criteria: A significant geologic impact would occur if a project exposed people or structures to
major geologic features that pose a substantial hazard to property and/or human life, or hazards such as
earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation
instability, erosion, soil instability, or other problems of a geologic nature that cannot be mitigated through the
use of standard engineering design and seismic safety design techniques.
A significant geologic impact would occur if a project exposed people or structures to major geologic features
that pose a substantial hazard to property/or human life, or hazards such as earthquake damage.
Discussion:
The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay area
without a conditional use permit or other discretionary permits. The overlay area is urbanized containing
industrial and service related uses.The proposed overlay results in the construction of a new homeless facility,
the following condition will be required by the Uniform Building Code:
The Ukiah Valley is part of an active seismic region that contains the Maacama Fault,which traverses the valley
to the east and north of the City and according to resource materials maintained by the Ukiah Planning
Department, the projected maximum credible earthquake along this fault would have an approximate
magnitude of 7.4 on the Richter scale. However, the subject property is not situated directly on or near an
Alquist-Priolo fault zone and the relatively flat site has no known slope and/or foundation instability, soil
instability, or other geologic hazards 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.
a. Fault Rupture. No known active fault zones cross the Project parcels based on official fault maps. The
Macaama fault zone is located to the east of the project site and therefore fault rupture hazard is
considered low since research has shown that the Maacama Fault is confined to a limited zone with
little or no splaying. Impacts related to fault rupture are less than significant.
Seismic. The Project is required to comply with the seismic design standards included in the California
Building Code. Compliance with these requirements would reduce impacts resulting from strong
seismic ground shaking to less than significant.
Liquefaction.According to the Soil SurveV of Mendocino CountV, Eastern Part, and Trinity County
Southwestern Part published by the U.S. Soil Conservation Service,the subject property is underlain by
an "urban mix"that includes native soils mixed with non-native fill materials that are only partially
covered by patches of asphalt and hard-packed gravel. However,the project site is not in an area with
any known deposits of soils that are unstable, or that would become unstable as a result of the
project, or potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or
collapse
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Landslide. The Project parcels and surrounding area are relatively flat and no new slopes would be
created as a result of the Project; therefore, there are no impacts related to landslides related to
seismic activity.
b. It is possible that soil erosion and/or loss of topsoil could increase on the site if soils are left exposed to
winds or storm waters for any substantial period of time during the construction. Such impacts would
generally be short-term in nature, but could cause significant erosion if normal grading and site
preparation techniques are not utilized during the development phase of the project. In this case,
however, the soil protection measures included as Mitigation Measures 1-5 in the Air Quality
discussion, above. Will sufficiently reduce soil impacts to less than significant levels.
The Project is required to comply with Division 9, Chapter 7,Sediment and Erosion Control of the
Ukiah City Code which includes requirements intended to reduce erosion and sedimentation.
Implementation of these requirements through the building permit process would reduce impacts to
less than significant.
c. The Project would not result in on-or off-site landslide since the Project area as well as the
surrounding area is relatively flat and the Project would not create any new slopes.
d. There are no known deposits of expansive soils, as defined in Table 18-1-B of the Uniform Building
Code.Additionally,the project site is relatively flat, so it is not anticipated that its development would
require extensive grading, cutting or filling, or other site preparation activities that would cause
substantial soil erosion or the loss of topsoil.
e. The Project does not include any septic tanks or alternative wastewater disposal systems;therefore,
there is no impact.
Mitigation Measures: None required
No Impact
7. HAZARDS& HAZARDOUS MATERIALS Less Than
Potentially Significant Less Than No
Significant With Significant
Would the project:
Impact Mitigation Impact Impact
Incorporated
a) Create a significant hazard to the public or the
environment through the routine transport, use, ❑ ❑ ❑ �
or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the ❑ ❑ ❑ �
release of hazardous materials into the
environment?
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7. HAZARDS& HAZARDOUS MATERIALS Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Would the project: �ncorporated
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste � � � �
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a ❑ ❑ ❑ �
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use ❑ ❑ ❑ �
airport, would the project result in a safety hazard
for people residing or working in the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety hazard ❑ ❑ ❑ �
for people residing or working in the project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or ❑ ❑ ❑ �
emergency evacuation plan?
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?
Significance Criteria: A significant impact to the environment and the public associated with hazards and
hazardous materials would result from a project if any of the following occurred:
■ Creation of a significant hazard to the public or environment by routine transport, use or disposal of
hazardous materials or from foreseeable upset and accident conditions;
■ Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste within%
mile of an existing or proposed school;
■ Location of a project on a listed hazardous materials site compiled pursuant to Government Code
Section 65962.5;
■ Be located within an adopted Airport Land Use Plan and expose people to a safety hazard;
■ Be located within the vicinity of a private airstrip and expose people to a safety hazard;
■ Impairment/interference with adopted emergency response plan or emergency evacuation plan; or
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INITIALS�UDY/NEGATIVEDBCLARATION
■ Be located in or near a wildland area and expose people to risk due to wildland fire.
Discussion:
Any proposed project within the Overlay Zone would be subject to the Uniform Building Code seismic
requirements. The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which
traverses the valley to the east and north of the City and according to resource materials maintained by the
Ukiah Planning Department, the projected maximum credible earthquake along this fault would have an
approximate magnitude of 7.4 on the Richter scale. However,the subject property is not situated directly on or
near an Alquist-Priolo fault zone and the relatively flat site has no known slope and/or foundation instability,
soil instability, or other geologic hazards 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.
a. Fault Rupture. No known active fault zones cross the Project parcels based on official fault maps. The
Macaama fault zone is located to the east of the project site and therefore fault rupture hazard is
considered low since research has shown that the Maacama Fault is confined to a limited zone with
little or no splaying. Impacts related to fault rupture are less than significant.
Seismic. The Project is required to comply with the seismic design standards included in the California
Building Code. Compliance with these requirements would reduce impacts resulting from strong
seismic ground shaking to less than significant.
Liquefaction.According to the Soil Survev of Mendocino Countv, Eastern Part, and Trinitv Countv
Southwestern Part published by the U.S. Soil Conservation Service,the subject property is underlain by
an "urban mix"that includes native soils mixed with non-native fill materials that are only partially
covered by patches of asphalt and hard-packed gravel. However,the project site is not in an area with
any known deposits of soils that are unstable, or that would become unstable as a result of the
project, or potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or
collapse
Landslide. The Project parcels and surrounding area are relatively flat and no new slopes would be
created as a result of the Project; therefore, there are no impacts related to landslides related to
seismic activity.
b. It is possible that soil erosion and/or loss of topsoil could increase on the site if soils are left exposed to
winds or storm waters for any substantial period of time during the construction. Such impacts would
generally be short-term in nature, but could cause significant erosion if normal grading and site
preparation techniques are not utilized during the development phase of the project. In this case,
however, the soil protection measures included as Mitigation Measures 1-5 in the Air Quality
discussion, above. Will sufficiently reduce soil impacts to less than significant levels.
The Project is required to comply with Division 9, Chapter 7,Sediment and Erosion Control of the
Ukiah City Code which includes requirements intended to reduce erosion and sedimentation.
Implementation of these requirements through the building permit process would reduce impacts to
less than significant.
c. The Project would not result in on-or off-site landslide since the Project area as well as the
surrounding area is relatively flat and the Project would not create any new slopes.
d. There are no known deposits of expansive soils, as defined in Table 18-1-B of the Uniform Building
Code.Additionally,the project site is relatively flat, so it is not anticipated that its development would
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require extensive grading, cutting or filling, or other site preparation activities that would cause
substantial soil erosion or the loss of topsoil.
e. The Project does not include any septic tanks or alternative wastewater disposal systems;therefore,
there is no impact.
f. The Project is not within the Airport Landuse Plan referral zone.
g. The project is not within any emergency evacuation plan route.
h. The project is within an urbanized area, not located near any wildlands.
Mitigation Measures: None required.
No Impact
8. HYDROLOGY AND WATER QUALITY Less Than
Potentially Significant Less Than
No
Significant With Significant
Would the project:
Impact Mitigation Impact Impact
Incorporated
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?
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8. HYDROLOGY AND WATER QUALITY Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Would the project: �ncorporated
f) Otherwise substantially degrade water quality? ❑ ❑ ❑ �
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:
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? ❑ ❑ ❑ �
Significance Criteria: Significant impacts associated with hydrology and water quality would result from a
project if water quality standards or waste discharge requirements were violated; groundwater and surface
water quality and quantity were substantially altered; drainage patterns were substantially altered that would
increase erosion/siltation and increase surface runoff; increase runoff that would exceed capacity of existing or
planned drainage systems or add a substantial source of pollution; located on a 100-year floodplain; or expose
people to hydrological hazards such as flooding or inundation by seiche,tsunami, or mudflow.
Discussion:
Any project constructed within the overlay zone will be required to comply with the requirements of the Ukiah
City Code (UCC). Division 9, Chapter 7, Erosion and Sediment Control regulates grading on public and private
property in order to control erosion and sedimentation, protect water quality, and safeguard health, safety
and the public welfare. The requirements of this chapter require Projects subject to a grading permit to
include specific design standards as part of the plans including requirements for:general site and good
housekeeping; erosion control; sediment control; waterway and watercourse protection; and construction site
access(section 9703). This Chapter also requires the holder of the grading permit to establish and implement
construction site management practices that prevent toxic materials and other debris from entering the storm
drain and waterway systems (section 9704).
a. Building permits from the City of Ukiah are required. The permits require compliance with specific
standards designed to comply with water quality standards and to avoid illicit discharge. Compliance
with these requirements would result in no impact from the Project.
b. Construction of the new residential units and associated site improvements would not impact
groundwater because new landscaping would be included along with drainage swales that would
provide opportunity for groundwater infiltration.The project drainage plan has been reviewed by the
Public Works Department.
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c. Orr Creek is% block away to the north.
d. The Project was reviewed by Public Works and the existing stormwater system has adequate capacity
to serve the Project.
e. The Project would not degrade water quality. The Project is subject to compliance with requirements
Ukiah City Code and are included as part of the Project design. These requirements are intended to
protect water quality. Compliance with these requirements would result in no degradation of water
quality.
f. The project is not located 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.
g. The Project is not located within a 100 year flood zone.The Project is located within Zone X (areas
determined to be outside of the 0.2%annual chance floodplain) on FEMA Flood Insurance Rate Map
#06045C1512F, Panel#1512 of 2100, dated June 2, 2011.
h. The Project is not located within a flood zone. Portions of the Ukiah Valley would be subject to
inundation due to the failure of Coyote Dam at Lake Mendocino. In the highly unlikely event of a dam
failure, inundation is predicted to occur within most creek channels from the river nearly to the base
of the foothills on the west side of the valley. The main channel of flooding is expected to follow State
Street or US 101, whichever is furthest west.
i. The Project is located inland and therefore would not be subject to inundation by seiche, tsunami, or
m udflow.
Mitigation Measures: None Required
No Impact
9. LAND USE AND PLANNING Less Than
Potentially Significant Less Than No
Significant With Significant
Would the project:
Impact Mitigation Impact Impact
Incorporated
a) Physically divide an established community? ❑ ❑ ❑ �
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over
the project (including, but not limited to the � � � �
general plan, specific plan, local coastal program,
or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation � � � �
plan or natural community conservation plan?
Significance Criteria: Significant land use impacts would occur if the project substantially conflicted with
established uses, disrupted or divided an established community, or resulted in a substantial alteration to
present or planned land uses. Proposed project consistency with the Ukiah General Plan and zoning and any
other applicable environmental plans and policies is also evaluated in making a determination about potential
land use impacts.
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Discussion:
a-c) The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit. The proposed location for the overlay is concentrated in the northeast
section of the City, and will not divide an established community. The overlay area is built out containing
industrial and service related uses and is not subject to either habitat conservation or natural community
conversation plans.
Goal/Policy# Consistency Determination
Goal/Policy Text
Housing
Goal CF-9 Help reduce public health costs The project would promote good personal health and would
through education and support programs help to reduce public health costs by curing substance abuse
knowledge of prevention and self- and providing preventative education
treatment of inedical problems.
Goal H-2.e. Housing Element As Staff and Providing homeless services and other vital community
resources allow,assist the Ukiah services to the community
Homeless Services Planning Group in all
ways possible.
Mitigation Measures: None required.
No Impact
10. MINERAL RESOURCES Less Than
Potentially Significant Less Than No
Significant With Significant
Would the project:
Impact Mitigation Impact Impact
Incorporated
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?
Significance Criteria: Impacts to Mineral and Natural resources would be substantial if the proposed project
resulted in the loss of significant or locally important materials such as minerals, gravel, sand, and heritage
trees. Impacts to mineral and natural resources would be substantial if the proposed project resulted in the
loss of significant or locally important materials such as minerals, gravel, sand, and heritage trees. Impacts to
mineral natural resources would be.
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Discussion:
a. The parcels included in the overlay are located in an industrial area and surrounded by existing industrial
and residential development.There are not identified in the General Plan as a location for natural or
mineral resources.
b. The parcels included in the overlay area are not delineated as an important natural or mineral resource
recovery site on the City's General Plan Map or on any specific plan or other land use plan.
Based on the above,the Project would have no impact on natural or mineral resources.
Mitigation Measures: None required.
No Impact
11. NOISE Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Would the project result in: Impact Mitigation Impact
Incorporated
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?
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Significance Criteria: A project will typically have a significant noise impact if it meets any of the following
criteria:
■ Exposes people to or generate noise levels in excess of standards established in the local General Plan or
Noise Ordinance.
■ Causes a substantial permanent increase in ambient noise levels in the project vicinity above levels existing
without the project.
■ Expose people to excessive ground borne vibration or noise levels.
■ Causes a substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels without the project.
■ If located within an airport land use plan or within 2 miles of a public airport, expose people to excessive
noise levels.
■ If located within the vicinity of a private strip, expose people to excessive noise levels.
Discussion
The Ukiah City Code includes the following noise regulations that apply to the projects proposed within the
Overlay zone.
Section 6048: Ambient Noise Level: Where the ambient noise level is less than designated in this Section the
respective noise level in this Section shall govern.
Sound Level A, decibels
Zone Time Ambient Noise Level
R1 and R2 10 p.m.to 7 a.m. 40 decibels
R1 and R2 7 p.m.to 10 p.m. 45 decibels
R1 and R2 7 a.m.to 7 p.m. 50 decibels
R3 10 p.m.to 7 a.m. 45 decibels
R3 7 a.m.to 10 p.m. 50 decibels
Commercial 10 p.m.to 7 a.m. 60 decibels
Commercial 7 a.m.to 10 p.m. 65 decibels
Industrial Anytime 70 decibels
Section 6053: Machinery, Equipment, Fans and Air Conditioning: It shall be unlawful for any person to
operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any
manner so as to create any noise which would cause the noise level at the property line of any property to
exceed the ambient base noise level by more than five (5) decibels between seven o'clock (7:00) P.M. and
seven o'clock(7:00)A.M. (Ord. 748, Article 1, adopted 1980)
Section 6054: Construction of Buildings and Projects: It shall be unlawful for any person within a residential
zone, or within a radius of five hundred feet (500') therefrom, to operate equipment or perform any outside
construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel,
pneumatic hammer, derrick, power hoist or any other construction type device (between the hours of 7:00
P.M. of one day and 7:00 A.M. of the next day) in such a manner that a reasonable person of normal
sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefore has
been duly obtained from the Director of Public works. No permit shall be required to perform emergency work
as defined in §6046 of this Article. (Ord. 748,Article 1, adopted 1980)
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a. The proposed residential development will place an increased number of persons on the subject
property and will expose them to various sources of noise commonly found in urbanized areas. In this
case,the primary noise sources are expected to come from street traffic and residential sources within
the units once they are constructed. However,there is no evidence that any of these noise sources
will cause significant or long-term increase in noise levels or the exposure of persons to hazardous
noise levels.
b. During construction there may be exposure to groundborne vibration however this would be
temporary and it is not anticipated that this would be long lasting and that the applicant does not
intend to use unusual construction methods or tools,such as blasting or drilling. Furthermore
construction activities are required to adhere to the City's noise standards.
c. The proposed project would not have a permanent increase in ambient noise levels because the new
residential development would be similar to the surrounding neighborhood and typically residential
uses do not create noise that exceed the noise standards of the City.
d. The Project would result in periodic and temporary increases in noise as a result of Project
construction however this would only be short term. Project construction would be required to adhere
to the City's noise standards and the allowed hours of construction. In order to reduce construction
related noise impacts, especially impacts to sensitive receptors which in this case would be the
adjacent residential uses, to a less than significant level,the City's standard mitigation measure
limiting construction hours has been applied to the Project.
e. The project is not located with the boundaries of the Airport Compatibility Zone.
f. The project is not located within the vicinity of a private airstrip.
Building Permit Conditions:
1. Construction hours are limited to Monday through Friday from 8:00 a.m.to 6:00 p.m. and from 9:00
a.m. to 4 p.m. on Saturday Construction hours are prohibited on Sunday and all holidays recognized by
the City of Ukiah. Interior work that generates negligible or no noise at the property line is allowed
outside of the construction hours noted above.
Approval of additional construction hours may be requested in writing from the Planning and
Community Development Director and Public Works Director for extenuating circumstances. The
written request must be submitted a minimum of 14 days prior to the date for which the change in
construction hours/days is being requested and shall explain the need for the extended construction
hours, describe the extenuating circumstances, and identify the additional construction hours
requested, including the duration.
2. Signs shall be posted at the Project site prior to commencement of construction of the proposed
Project for the purpose of informing all contractors/subcontractors,their employees, agents, material
haulers, and all other persons at the construction site(s) of the basic requirements of mitigation
measures for Noise.
3. Signs shall be posted at the construction sites that include the permitted construction days and hours,
day and evening contact number for the job site, and a contact number in the event of problems.
4. An onsite complaint and enforcement manager shall be designated for the Project and shall respond to
and track complaints and questions related to noise.
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5. Equipment and trucks used for proposed Project construction shall use the best available noise control
techniques (e.g. improved mufflers, use of intake silencers, ducts, engine enclosures, and acoustically-
attenuated shields or shrouds, wherever feasible).
6. Impact tools(e.g.jack hammers, pavement breakers, and rock drills) used for Project construction shall
be hydraulically or electrically powered wherever possible to avoid noise associated with compressed
air exhaust from pneumatically powered tools.
7. Stationary construction noise sources shall be located as far from sensitive receptors as possible and
they shall be muffled.
8. No outside amplified sources (e.g. stereo "boom boxes") shall be used on site during Project
construction.
Mitigation Measures: None required.
No Impact
12. POPULATION AND HOUSING Less Than
Potentially Significant Less Than No
Significant With Significant
Would the project:
Impact Mitigation Impact Impact
Incorporated
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?
Significance Criteria: Population and housing impacts would be significant if the project induced substantial
direct or indirect (e.g., road extensions) population growth in an area and/or displaced substantial numbers of
existing houses and/or substantial numbers of people,thus requiring replacement housing elsewhere.
Discussion:
a-c The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit or other discretionary permits.The population growth of Ukiah has been
flat for the past 15 years,the City has not met its population growth trajectory as outlined in the General Plan.
The proposed overlay district contains two zoning designations, Industrial and Commercial, either of which
allow residential development.
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Mitigation Measures: None required.
No Impact
13. PUBLIC SERVICES Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Would the project result in: �mpact rv�itigation �mpact
Incorporated
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? ❑ ❑ ❑ �
Significance Criteria: Impacts to public services would be significant if the project resulted in adverse physical
impacts upon capacity that would lead to construction of new public facilities or substantial alteration to
existing governmental facilities to maintain acceptable service levels or performance levels.
Discussion:
a-e. The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit or other discretionary permits. The project, a zoning overlay for
homeless shelters, will result in minimal impacts to municipal services, schools, and parks. The Project has
been reviewed by Public Works, the Police Department, Fire Marshal, and Electric Utility. The Project would
not require the need for new city facilities or services. Therefore, the Project would have no impact on public
services.
Mitigation Measures: None required.
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14. RECREATION Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Would the project: �ncorporated
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities such � � � �
that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of � � � �
recreational facilities which might have an adverse
physical effect on the environment?
Significance Criteria: Impacts to recreation would be significant if the project resulted in an impact upon the
quality or quantity of existing recreational opportunities or required the creation of new recreational facilities.
Discussion:
a.-b.The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the overlay
area without a conditional use permit or other discretionary permits.The project would not increase the use of
existing neighborhood and regional parks to a level that would accelerate the deterioration of the facility or
required the expansion of any existing recreational facilities.
Mitigation Measures: None required.
No Impact
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15. TRANSPORTATION/TRAFFIC Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Would the project: �ncorporated
a) Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial � � � �
increase in either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard 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) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus ❑ ❑ ❑ �
turnouts, bicycle racks)?
Significance Criteria: According to the Ukiah General Plan Circulation Element,the minimum acceptable level
of service (LOS)on City commercial streets/intersections is LOS"D." Other criteria include whether the project
would have substantial effects upon air traffic patterns; whether the project would increase traffic hazards due
to design features; whether the project has inadequate emergency access; and whether the project would
create conflicts with adopted policies, programs and plans for alternative transportation.
Discussion: The homeless shelter zoning overlay will allow the establishment of a homeless shelter within the
overlay area without a conditional use permit or other discretionary permits
a. Given the size of the project area and the limited need for a potential homeless shelter,the project
would not cause an increase in traffic which is substantial in relation to the existing traffic load and
capacity of the street system.
b. Given the projected need for a homeless shelter, a potential project would not exceed the level of
service standards for traffic.
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c. The existing flight pattern would not change as a result of this Project. The project is not located
within the boundaries of the Ukiah Airport Master Plan.
d. The project does not involve the creation or realignment of the existing roadways. A new
driveway and curb cut would be created however the project has been reviewed by the Public
Works Department and any comments that they had will be included as a project condition of
approval.
e. The Project was reviewed by Public Works,the Fire Marshal, and the Police Department and no
concern related to emergency access was identified. Therefore,there is no impact to emergency
access.
f. As required by the Zoning Ordinance the project will provide the required amount of on-site
parking.
Mitigation Measures: None required.
No Impact
16. UTILITIES AND SERVICE SYSTEMS Less Than
Potentially Significant Less Than
Significant With Significant No
Would the project:
Impact Mitigation Impact Impact
Incorporated
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 ❑ ❑ ❑ �
project's projected demand in addition to the
provider's existing commitments?
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16. UTILITIES AND SERVICE SYSTEMS Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Would the project: �ncorporated
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?
Significance Criteria: Impacts to utilities and service systems would be significant if the proposed project
results in a physical need to develop new systems or causes a substantial physical alteration to existing
facilities.
Discussion:
a.-g.The proposed project would create a zoning overlay district that will allows the establishment of a
homeless shelter without a use permit. The project would not increase the use of existing neighborhood and
regional parks to a level that would accelerate the deterioration of the facility or required the expansion of any
existing recreational facilities.
Mitigation Measures: None required.
No Impact
17. GLOBAL CLIMATE CHANGE/GHG Less Than
Potentially Significant Less Than No
Significant With Significant
Would the project:
Impact Mitigation Impact Impact
Incorporated
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? � � � �
Significance Criteria: GHG impacts would be significant if the Project would:
■ Generate greenhouse gas emissions, either directly or indirectly,that may have a significant impact on
the environment; and/or
■ Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the
emissions of GHGs.
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Discussion: The proposed project would create a zoning overlay district that will allows the establishment of a
homeless shelter without a use permit.
a. The proposed zoning overlay district would not result in a considerable contribution to
cumulative GHG emission because no construction is proposed.The project would allow the
establishment of a homeless shelter within the overlay boundary with requiring a use permit.
If a homeless shelter is proposed,the construction will be subject to the California Building
Code for energy and water efficiency.
b. The City of Ukiah does not have an adopted climate action plan.The City of Ukiah does have
General Plan goals and polices that address energy use which may reduce or minimize GHG
emission.The Project would not conflict with any plan, policy or regulation adopted for the
purpose of reducing the emissions of GHG.
Based on this,the Project would not substantially increase GHG emissions directly or indirectly.
MANDATORY FINDINGS OF SIGNIFICANCE
NOTE: If there are significant environmental impacts which cannot be mitigated and no feasible project
alternatives are available, then complete the mandatory findings of significance and attach to this initial study
as an appendix. This is the first step for starting the environmental impact report (EIR) process.
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Does the project: Mitigation
Incorporated
a) Have the potential to degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal ❑ ❑ ❑ �
community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects
of a project are considerable when viewed in ❑ ❑ ❑ �
connection with the effects of past projects, the
effects of other current projects, and the effects
of probable future projects)?
City of Ukiah Housing 6ement Implementation: Home/ess Shelter Zoning Overlay
„t,d y 2015
30
INITIALS�UDY/NEGATIVEDBCLARATION
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Does the project: Mitigation
Incorporated
c) Have environmental effects which will cause
substantial adverse effects on human beings, ❑ ❑ ❑ �
either directly or indirectly?
Discussion:
a. The Project would not have an impact on habitat, plant or animal communities. The Project does not
include any habitat,fish or wildlife population, and is not known to include any cultural resources.The
Project location is not identified as an area of High significance in the City's General Plan. In the
unlikely event, cultural resources are discovered as a result of construction of the Project, a mitigation
measure has been included to reduce this impact to a less than significant level.
b. The project would not have cumulative impacts because the project site is located within an
established residential neighborhood and there are currently no other projects or projects in the
foreseeable future planned within the immediate vicinity that would create combined cumulative
impacts. In terms of the larger community future projects include the Ukiah Courthouse Relocation
and Costco. While these two projects have identified impacts the proposed Project would continue to
be less than significant when added to the cumulative impacts.
C.The project would not have environmental effects which will cause substantial adverse effects on
human beings either directly or indirectly because of the small size of the project.
RESOURCES USED TO PREPARE THIS ANALYSIS
1. City of Ukiah General Plan
2. Ukiah City Code
3. City of Ukiah Zoning Ordinance
4. City of Ukiah Noise Ordinance
A. Kevin Jennings, Fire Marshal
B. David Willoughby, Building Official
C. Ben Kageyama, Senior Civil Engineer, Public Works
D. Trent Taylor,Administrative Captain, Police Department
City of Ukiah Housing 6ement Implementation: Home/ess Shelter Zoning Overlay
„t,d y 2015
31
ATTACHMENT 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE HOMELESS SHELTER
USE AND DEVELOPMENT GUIDELINES FOR SITING, DESIGNING AND USING HOMELESS FACILITIES
WHEREAS, on August 1, 2001,the City of Ukiah adopted Resolution 2001-15 (Homeless Facilities)
establishing Homeless Shelter Use and Development Guidelines for Siting, Designing and Using Homeless
Facilities; and
WHEREAS,the 2001 Homeless Shelter Use and Development Guidelines for Siting, Designing and Using
Homeless Facilities required that a Use Permit be obtained prior to the establishment of a Homeless Facility;
and
WHEREAS, effective January 1, 2008, Senate Bill No. 2 (SB2)was adopted requiring cities and counties to
amend zoning to permit year-round emergency shelter(s)without discretionary action pursuant to
Government Code section 65583 (a)(4)(A).; and
WHEREAS,the City of Ukiah's General Plan Housing Element H2-f requires a Zoning Ordinance amendment
allowing the establishment of a homeless facility without discretionary action; and
WHEREAS, after the conduct of the public hearing,the Planning Commission voted unanimously to
recommend City Council adoption of the Ordinance revising the Municipal Code, and approval of a Resolution
amending the Homeless Shelter Use and Development Guidelines; and
WHEREAS,the required text amendment to Resolution 2001-15 includes additional language that eliminates
the need for a Use Permit within the Homeless Shelter Overlay area; and
WHEREAS, On XX,the City Council, after conducting of a public hearing, approved a Negative Declaration and
adopted an Ordinance revising Article 15.5 (Homeless Facilities) of Chapter 2, Division 9 of the Ukiah
Municipal Code; and RESOLUTION XX
WHEREAS,the City Council has reviewed the amended Homeless Shelter Use and Development Guidelines,
included as Exhibit "A" herein; and
NOW,THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby approves the amended
Homeless Shelter Use and Development Guidelines to be used to guide the use, siting, and design of
homeless shelter facilities in the City of Ukiah.
PASSED AND ADOPTED this the XX day of XX by the following roll call vote
AYES
NOES
ABSTAIN
ABSENT
RESOLUTION XX
Page 2 OF 2
EXHI BIT "A"
RESOLUTION
HOMELESS SHELTER FACILITY
USEAND DEVELOPMENT GUIDELINES
I. Purpose and Intent
In recognition of the growing numbers of homeless persons in the Ukiah area, these guidelines
are intended to provide a guide by which a temporary or long-term homeless shelter could be
established within the City of Ukiah. They are also intended to ensure that the public's health,
safety, and welfare are maintained. The term "homeless shelter" means the same as "homeless
facility."
II_ Permitand Planning Requirements
Use Permit: All homeless shelters require Planning Commission approval of a Use Permit,
consistent with the provisions contained in Ukiah Municipal Code §9262 except those located
within the Homeless Shelter Overlav zone. Use Permit applications are on file in the office of the
Planning Department. Conditions of approval shall be imposed by the Planning Commission in
accordance with Article 15.5, Chapter 2 of the Ukiah Municipal Code. Decisions of the
Planning Commission may be appealed to the City Council.
Shelter Management Plan: Shelter providers shall establish a Shelter Management Plan in
conjunction with the required Use Permit. Shelter Management Plans shall address issues such
as transportation needs, client supervision, food service (if any or if allowed), client services,
interior and exterior building improvements for client and neighborhood welfare, pets, and any
other component which might bear on ensuring that the shelter is operated in a safe, efficient,
and sanitary manner. The Shelter Management Plan shall also include measures to be
implemented that will ensure compatibility with surrounding land uses.
III. Operational Standards:
A. Minimum Distance to Nearest Residential Development: Homeless facilities shall be
located a sufficient distance from residential developments so that they will not create
adversely impacts. Factors such as topography, landscaping, structures, and other
natural or man-made features shall help to determine whether or not a proposed facility
could have an adverse impact on residential areas.
B. Minimum Distance to Nearest School or Public Park: Homeless facilities shall be
located a sufficient distance from schools and parks so that they will not create
adversely impacts. Factors such as topography, landscaping, structures, and other
natural or man-made features shall help to determine whether or not a proposed facility
could have an adverse impact on schools and parks. School and public park hours of
use shall also be considered when determining the appropriate distance from schools
and parks.
EXHIBIT"A"
RESOLUTION 2001-15
Page 1 of 2
C. Hours of Operation: Temporary homeless shelters typically are restricted to the hours
of 6:00 p.m. to 8:00 a.m., during winter months (November to March). Hours can vary
depending on the severity and/or duration of the winter, or any other unforeseen factor
(e.g., natural disaster, etc.) which, individually or collectively, warrant different hours of
operation. Permanent homeless shelters are allowed to have expanded hours of
operation, depending upon the extent of in-residence services provided.
D. Shelter Separation from Other Shelters:
Shelter Size (Number of Beds) Min. Separation from Other Shelters
25 or less 0.25 miles
26-75 0.50 miles
76- 100 1.00miles
101 - 125 1.SOmiles
126 or more 2.00 miles
E. Location: Shelters should be located within a reasonable distance or travel time from
services and facilities used by the homeless (e.g., food service, bus stops, government
offices, etc.). They should be in areas that are safe and have low crime rates. Shelters
should be located so as to minimize travel routes through residential neighborhoods to
get to transit facilities or other services needed by the homeless. Finally, they should be
located so their operations do not conflict with nearby businesses.
F. Shelter Site and Facility Size/Capacity: The size of the shelter site should be
commensurate with the size of the proposed shelter structure and the activities attendant
to its operation. To insure that the shelter operation is fully contained on site, the
building should be of sufficient dimension and capacity to house the proposed number of
residents and provide space for a variety of support activities, as well as other activities
and facilities essential for its operation. This would include, but not be limited to,
adequate shower/bath facilities, toilets, off-street parking, staff facilities, food preparation
facilities, counseling center, health screening facilities, day care center, and the like.
G. Enclosed and Screened Facilities: Shelter activities should be enclosed within
buildings, except for outdoor waiting areas and play areas for shelters which
accommodate families with children. Outdoor areas associated with the shelter should
be enclosed and appropriately screened to ensure privacy and to provide comfortable
waiting areas.
H. Lighting: Adequate on- and off-site lighting should be provided.
I. Access: Adequate pedestrian access should be provided between a homeless shelter
and transit facilities and other services needed by the homeless.
EXHIBIT"A"
RESOLUTION 2001-15
Page 2 of 2
�T'AFE OF CALIFDRNIA-BUSINESS.CONSLIMEF2 SERVICFS AND HCll1SWC�AGENCY Fnn.�uNn r, RRfIWN.dR r,nVPmor
D�PARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT �
202p W.EI Camino Avenue,Suite 504
Sacramento, CA 93833 � � ���� � �
(91fi)263-2911 /FAX(916)263-7453 �� .
www.h cd.ca.gov
May 11, 2015
Charley Stump, Director
Planning and Community Development
City of Ukiah
300 Seminary Ave
Ukiah, CA 95482
Dear Mr. Sfump:
RE: Ci#y of Ukiah's Sth Cycle (2014-2019) Draft Hausing Element
Thank you for submitt�ng the City of U�ciah's draft hous�ng element recei�ed for re�iew
on March 12, 2015, along witt� revisions recei�ed on May 8 and 11, 201�. Pursuant to
Go�ernment Cade {GC) Section fi5585(b), the Department is reporting the �esults of its
review. Our re�iew was facilitated by uarious communications a�d a �elephone
conversation on April 24, 2D15 with Mr. Kevin Thompson, Principal Planner.
While the draft element meets the statutory requirements of State housing element law,
the Department cannot yet find the housing element in full comp[iance. Ukiah must
complete actions required �n the priar 4th cycfe to amend i#s zoning ordinance to permit
year-round emergency shelter(s) without discrefionary action pursuant to GC Section
655$3(a){4)(A), amended by Senate Bill 2 (Chapter 633, Statutes of 2007). As no�ed in
the current element on page 63, Program H�2.f, zoning has not been updated. The
elemenfi will comply with ho�sing element law once the City has comp{eted fhis zonfng
amendment and submitted the adopted housing element to the De�artment pursuant to
GC Section 65585(g}.
Public par#icipation in fhe development, adoption and �mplementation of the Mousing
element is essential to effecti�e housing planning. Throughout the housing element
process, the City must continue to engage the community, including organizations that
represent lower-income and speciai needs households, by making information regulafly
a�ailable, considering and incorporating comments where appropr�ate.
The Department appreciates the hard work and dedication of Mr. Thompson during the
course of our revi�w. We are committed fo assist Ukiah in addressing all statutory
requirements of housing element law. If you have any questions or need additional
technical assis#ance, please contact Hilda Sousa, of a�r staff, at (916) 263-1784.
Sincerely,
� J
/ '
---�> �
�}'�-� -� �-�����-���-�-�
,�'` len A. Campora
Assis#ant Depufy Director
1 ITEM NO. 10B
2
Planning and Community Development Department
e�ty � ukah 300 Seminary Avenue
Ukiah, CA 95482
planninq(a�citvofukiah.com
(707) 463-6203
3
4 DATE: August 12, 2015
5
6 TO: Planning Commission
7
8 FROM: Charley Stump, Director of Planning and Community Development
9 Kevin Thompson, Principal Planner
10
11 SUBJECT: Planning Permit Streamlining Workshop
12
13
14 INTRODUCTION
15
16 In response to City Council strategic planning discussions, staff has been exploring ways to
17 streamline the processing of planning permit applications. The intent is to improve efficiency
18 and reduce the time it takes to process applications without sacrificing comprehensive review.
19
20 Staff has prepared two preliminary ideas for discussion and is ready to begin a dialog with the
21 public and decision makers. Staff is seeking ideas, suggestions and initial direction from the
22 Planning Commission.
23
24 RECOMMENDATION
25
26 1) Conduct a public workshop for discussion of possible planning permit streamlining
27 options;
28
29 2) Provide direction to Staff
30
31 PROJECTS THAT REQUIRE PLANNING PERMITS
32
33 The primary Planning Permits are Minor and Major Use Permits, Site Development Permits, and
34 Variances. Minor permits applications are reviewed and acted on by the City Zoning
35 Administrator and Major permits applications are reviewed and acted on by the Planning
36 Commission.
37
38 Use Permits are required for uses listed as "permitted" in each zoning district. For example, in
39 the C-1 (Community Commercial) zoning district, "cabinet shops" are listed as "permitted" and
40 therefore require a Use Permit.
41
42
Planning Permit Streamlining Workshop
PC August 12,2015
1
1 Site Development Permits are required for new or substantial modifications to existing multi-
2 family, commercial, and industrial structures.
3
4 Variance applications are required to seek relief from certain development standards such as
5 yard setbacks.
6
7 MINOR AND MAJOR PLANNING PERMITS
8
9 In terms of Major and Minor Permits, here is what the Ukiah City Code says:
10
11 Maior And Minor Use Permits, Site Development Permits, And Variances: At the time of application
12 submittal, the Planning Director or assigned designee shall determine if the proposed project constitutes
13 a major or minor use permit, site development permit, or variance. The Planning Director or assigned
14 designee shall be guided by the following criteria when determining whether a discretionary planning
15 permit is major or minor:
16
17 1. In the C-1, C-2, and M Zoning Districts, facade improvements, small additions/expansions of
18 more than one hundred fifty (150) square feet, but less than one thousand (1,000) square feet to
19 existing structures, minor amendments to previously approved permits, and changes in use of
20 existing structure(s) that do not require additional parking, and will not generate substantial
21 amounts of additional traffic, noise, or other potential nuisances shall be considered minor in
22 nature. Additions of one thousand (1,000) square feet or more shall be considered major
23 discretionary projects. In the R-2, R-3, and C-N Zoning Districts, additions of six hundred forty(640)
24 or more square feet shall be considered major discretionary projects.
25
26 In the C-N (Neighborhood Commercial) Zoning District, a use permit is required to exceed the
27 maximum thirty percent (30%) floor area ratio standard. A proposal to exceed this standard by less
28 than ten percent(10%) is considered a minor use permit.
29
30 2. New construction on vacant parcels, large additions/expansions to existing buildings, substantial
31 amendments to previously approved permits, and changes in use of existing structure(s)that would
32 require an expansion of an existing parking facility, or that could generate substantial amounts of
33 additional traffic, noise, or other nuisances shall be considered a major permit.
34
35 3. Minor variance applications are those seeking less than fifty percent (50%) relief from a yard
36 setback requirement in a particular zoning district, or a height of less than five feet (5') over what is
37 allowed in a particular zoning district.
38
39 4. Other small and relatively insignificant applications as determined by the Planning Director shall
40 be considered minor.
41
42 Major permits are reviewed and acted on by the Planning Commission and can take 8-12 weeks
43 to process. Minor permits are acted on by the Zoning Administrator and can tale 6-8 weeks to
44 process.
45
46 Recent Zoning Administrator Agenda Items include two outdoor dining facilities, a fa�ade
47 renovation, a parking lot expansion, and modifications to an existing restaurant building, parking
48 lot and landscaping.
49
50 Recent Planning Commission Agenda Items include Chipotle Mexican Grill; the Hull hillside
51 residence, the Hospital expansion project, and the Civic Center cell tower.
Planning Permit Streamlining Workshop
PC August 12,2015
2
1 EXISTING APPLICATION PROCESSING STEPS
2
3 Existing Planning Permit Processing Procedures: The following is an excerpt from a hand-out
4 for potential applicants explaining the steps for processing a Site Development Permit.
5
6 Step 1: Pre-Application Review. Visit the front counter at the Department of Planning and Community
7 Development and sound-board your ideas for a project with the Planning Staff. Learn about the General
8 Plan and Zoning requirements, City Council policies, community issues and other things that may help to
9 shape your project.
10
11 Step 2: Application Submittal. Prepare your application and include the required information listed on
12 the permit application form. Pay the required fee and submit your application to the Planning Staff.
13
14 Step 3: Staff Application Processinq. A planner will be assigned to process your application. The
15 planner will route the application to various City Departments for review and comment. The planner will
16 review your application for information completeness and conduct a site inspection.
17
18 Step 4: Desiqn Review Board Review. Your Site Development Permit application will be referred to the
19 City Design review Board for review within approximately 2-weeks from submittal. This is an informal
20 meeting that you are expected to attend and explain your project to the Board. The Board will work with
21 you on site planning and design issues, and will formulate a recommendation to the Zoning Administrator
22 or Planning Commission.
23
24 Step 5: Determination of Completeness and CEQA. Within approximately 2-3 weeks after application
25 submittal, the project planner will determined if enough information has been submitted to fully
26 understand the proposed project. If enough information has been submitted, the application will be
27 deemed "complete" for processing. If not, the project planner will send a detailed letter to the applicant
28 indicating exactly what information is needed to fully understand the proposal.
29
30 If the application is deemed complete for processing, the planner will review the application for
31 compliance with the California Environmental Quality Act (CEQA). If the project site is situated in an
32 environmentally sensitive area, or if it is determined that potential environmental impacts will result from
33 the project, additional information may be required and/or project redesign may be appropriate.
34
35 Step 6: Review of Proiect Merits. The planner will review the merits of the project and ensure that the
36 project is planned and designed in a way that all the required findings for approval can be made. This
37 involves an analysis of zoning consistency, General Plan consistency, and the resolution of any issues
38 resulting from the proposal. The planner will work with the applicant to create an approvable project.
39
40 Step 7: Public Notice. Notices of the public hearing are provided to the applicant, surrounding
41 neighbors, anyone requesting such notice, published in the newspaper, and posted on-site.
42
43 Step 8: Action on Application. The Zoning Administrator or Planning Commission conduct a public
44 hearing and either approve, approve with conditions, or deny the Site Development Permit application.
45
46 Step 9: Appeal. Anyone participating in the administrative permit review process may appeal the
47 decision to the City Council, who will conduct a duly noticed public hearing and will act to sustain, modify,
48 or overrule the decision by the Director.
49
50
51
52
Planning Permit Streamlining Workshop
PC August 12,2015
3
1 PRELIMINARY IDEAS FOR STREAMLINING
2
3 The steps in processing a Planning Permit application are necessary and in some cases
4 mandated by State law. Reducing the amount of time associated with each step is a goal, but
5 when the work load is heavy and a Planner is processing a large number of applications and
6 performing other required duties, it is not always possible. Staff has concluded that rather than
7 focusing on the processing steps, the focus could center on the following three initial discussion
8 points that would involve amending the City Code:
9
10 1) Reduce the number of projects that are required to secure planning permits by
11 developing specific standards for certain land uses and if the project is consistent with
12 the standards, no planning permit would be required. This has already been
13 accomplished in the Downtown Zoning Code and could be applied on a broader scale
14 within the City.
15
16 2) Create an administrative staff level permit process for small projects that could
17 potentially take approximately 2-weeks to process rather than 6-8 weeks.
18
19 3) Change the square footage threshold for Minor and Major Site Development Permits
20 Citywide similar to the standards in the Downtown Zoning Code.
21
22 Specific standards for Land Uses: The Downtown Zoning Code (DZC) currently includes
23 specific standards for certain land uses that if complied with, no planning permit would be
24 required. These include Community Gardens, Sidewalk Cafes, Outdoor Dining, and Specialty
25 Food and Beverage Sales with Tastings (see attachment 3). Other uses, such as Live Work
26 Units and Single Room Occupancy projects would be allowed without planning permits if they
27 comply with the listed standards and did not involve the construction of new buildings. The City
28 Code could be amended to include these same provisions in the other zoning districts such as
29 the C-I (Community Commercial), C-2 (Heavy Commercial) and C-N (Neighborhood
3o Commercial) zoning districts.
31
32 Administrative Permit: The City could establish a staff level administrative permit process,
33 whereby small projects undergo staff level review and action without a public hearing unless
34 one is requested via the public noticing process. This means that the Director of Planning and
35 Community Development or his/her designee would review and act on the applications based
36 on specific findings/criteria contained in the Ukiah City Code.
37
38 The Director would act on the permits unless it was determined that significant policy questions
39 were at issue, or that substantial public controversy has been generated by the application, or
4o the application is submitted concurrently with another permit application that requires a public
41 hearing. If the Director makes any of the above determinations, the administrative planning
42 permit would be referred to the Planning Commission for action.
43
44 Tvqes of Administrative Planninq Permits: Administrative planning permit applications could
45 include the following:
46
47 1. Use permits for outdoor sales establishments
Planning Permit Streamlining Workshop
PC August 12,2015
4
1 2. Site development permits for new structures in commercial zoning districts up to 1,000
2 square feet in size that meet all applicable zoning standards.
3 3. Site development permits for additions to existing structures in commercial zoning
4 districts up to 1,000 square feet that meet all applicable zoning standards.
5 4. Use permits for temporary uses including, but not limited to carnivals, open air theaters,
6 and other similar uses involving large assemblages of people.
7 5. Use permits for community care facilities in a residential zoning district for more than six
8 persons, but not more than twelve persons.
9 6. Site development permits for multi-family dwellings in the R-3 zoning district that meet all
10 zoning standards.
11 7. Yard setback variances seeking relief of two feet or less.
12 8. Use permits for fences exceeding seven feet in height.
13 9. Use permits for structures in residential zoning districts seeking up to two additional feet
14 in height beyond what is required by the zoning regulations.
15
16 Modifying the square footage thresholds for Major and Minor permits: Site Development
17 Permits are currently required for all new multi-family, commercial, and industrial buildings. As
18 indicated above, Minor and Major Site Development Permits (SDP) are required for additions
19 based on the following square footage thresholds:
20
Square Footage Major or Minor SDP Decision Maker
(Additions in C-1, C-2 and M)
Less than 150 sq. ft. No SDP required N/A
Between 150 and 1000 sq. ft. Minor Zonin Administrator
Over 1000 sq. ft. Ma'or Plannin Commission
21
Square Footage Major or Minor SDP Decision Maker
(Additions in R-2, R-3 and C-N)
Less than 640 sq. ft. Minor Zoning Administrator
Over 640 sq. ft. Major Planning Commission
22
23 In the Downtown Zoninq Code area, the thresholds are as follows:
New Construction and Major or Minor Decision Maker
Additions (with no requests for
exceptions/variances)
1,000 sq. ft. and less No SDP required N/A
1,000 to 15,000 sq. ft. Minor Zoning Administrator
Over 15,000 sq. ft. Major Planning Commission
Planning Permit Streamlining Workshop
PC August 12,2015
5
1 The existing thresholds for the conventional zoning districts could be modified to that of the
2 Downtown Zoning Code to create consistency among all zoning districts.
3 NOTICE OF THE WORKSHOP
4
5 Public notice of the Planning Permit Streamlining workshop was provided to frequent planning
6 permit applicants, architects, engineers, developers, frequent public participants, and interested
7 groups and organizations.
s
9 Attachments
10
11 1. Planning Permit Information Sheets
12 2. Ukiah City Code Section 9261 (Discretionary Planning Permits)
13 3. DZC Specific standards for land uses
Planning Permit Streamlining Workshop
PC August 12,2015
6
Attachment # �
_ �-�-__. Planning & Community Development Department
�'�'�rv� �� 300 Seminary Avenue
n, f'_ �;. � � , �/ Ukiah, CA 95482
`'i�t � �' )���Q,Jti Email: pianninqCa�citvofukiah.com
�.°�i;''�;�`='� � Web:www.citvofukiah.com
� � '� -
t �
_ ',�:��,r Planning Services
Phone: (707)463-6203
Fax: (707)463-6204
Site Development Permits
Purpose: The purpose of a Site Development Permit is to ensure that development enhances the City's
character and is compatible with the architectural style and design characteristics of the area in which it is
located.
When Required: A Site Development Permit is required for the new construction or exterior modification of
commercial, industrial, and multi-family residential structures.
Filing An Application: Applications for a Site Development Permit are required to include: a completed and
signed Planning Permit Application form; the submittal requirements identi�ed on the application form; and the
required fee. Applications are submitted to the Planning and Community Development Department.
Project Review: Projects are reviewed for site planning, vehicle and pedestrian circulation, architectural
design, quality and type of materials, colors, landscaping, lighting, and signage. Projects are referred to Ciry
Departments (such as Building, Public Works, Fire Department, Police Department, and Electric Utility) for
review and comment. Projects are also sent to outside agencies that may have review or permitting authoriry
over the Project (such as Mendocino County Air Quality Management District, Regional Water, Environmental
Health, Caltrans, Alcohol Beverage Control).
Environmental Review: As part of reviewing the project, the planner assigned to the project will determine if
environmental review is required. Minor projects may be exempt from the California Environmental Quality Act
(CEQA). Larger projects may not be exempt from CEQA and may be required to provide additional information
needed to complete the required environmental review (such as a traffic study, noise study, drainage report,
arborist report).
Public Hearing: After the project has been reviewed by the City and outside agencies and environmental
review has been completed, the project will be scheduled for a public hearing for review of the project by the
decision maker. This includes publishing a public notice in the newspaper, posting notice on the project site,
and mailing a public notice to property owners within 300 feet of the project site.
Decision Making: Depending on the size of the project, Site Development Permits are reviewed and decided
upon by the Zoning Administrator or Planning Commission. Staff will prepare a staff report for the project and
make a recommendation to the decision maker to approve, conditionally approve, or deny the project. In order
to approve a Site Development Permit, the project must be consistent with the findings required for approval
(Ukiah City Code Section 9263(E)). The decision maker has the authority to approve, approve with conditions,
or deny a project.
Exempt Projects: Interior remodels and repair and maintenance of structures and parking areas are exempt
from the requirement to obtain a Site Development Permit. Some minor remodels and alterations of building
exteriors and accessory structures may also be exempt. When determining if the Project is exempt, the
Planning Director considers the size, location and visibility of the Project, and the amount of change to the
architectural character or appearance of the structure.
Revised 11/21/2012
�-�- �, Planning & Community Development Department
;-�'�- � 300SeminaryAvenue
n, •�_ �t= :. ���� , �/ Ukiah, CA 95482
V�t�'=;� � �;fufl;��Qlti Email: planninq(a�citvofukiah.com
� �'��n ,�� Web:www.citvofukiah.com
�:-!� y��� t � .
f.?----��`:;.:. Planning Services
Phone: (707)463-6203
Fax: (707)463-6204
Use Permits
Purpose: The purpose of a Use Permit is to provide flexibility by allowing land uses identified by the zoning
ordinance as"permitted uses"when the use can be found compatible with surrounding land uses and when the
use would not be detrimental to the public health, safety, or welfare.
When Required: A Use Permit is required for uses identified as "Permitted Uses" in the zoning ordinance.
Also, in certain zoning districts the maximum height requirement may be exceeded with approval of a Use
Permit.
Filing An Application: Applications for a Use Permit are required to include: a completed and signed Planning
Permit Application form; the submittal requirements identified on the application form; and the required fee.
Applications are submitted to the Planning and Community Development Department.
Project Review: Projects are reviewed for consistency with the General Plan, compliance with zoning
ordinance requirements, and to ensure that the use would be compatible with surrounding land uses and would
not be detrimental to the public, health safety or welfare (considerations may include noise, odors, traffic,
parking, and light and glare). Projects are referred to City Departments (such as Building, Public Works, Fire
Department, Police Department, and Electric Utility)for review and comment. Projects are also sent to outside
agencies that may have review or permitting authority over the Project (such as Mendocino Counry Air Quality
Management District, Regional Water, Environmental Health, Caltrans, Alcohol Beverage Control).
Environmental Review: As part of reviewing the project, the planner assigned to the project will determine if
environmental review is required. Minor projects may be exempt from the California Environmental Quality Act
(CEQA). Larger projects may not be exempt from CEQA and may be required to provide additional information
needed to complete the required environmental review(such as a traffic study, noise study, lighting plan).
Public Hearing: After the project has been reviewed by the City and outside agencies and environmental
review has been completed, the project will be scheduled for a public hearing for review of the project by the
decision maker. This includes publishing a public notice in the newspaper, posting notice on the project site,
and mailing a public notice to property owners within 300 feet of the project site.
Decision Making: Depending on the scope and size of the project, Use Permits are reviewed and decided
upon by the Zoning Administrator or Planning Commission. Staff will prepare a staff report for the project and
make a recommendation to the decision maker to approve, conditionally approve, or deny the project. In order
to approve a Use Permit, the project must be consistent with the findings required for approval (Ukiah City
Code Section 9262(E)). The decision maker has the authority to approve, approve with conditions, or deny a
project.
Revised 9/11/2012
p� . Planning & Community Development Department
�'�°';., �� 300 Seminary Avenue
' ' � Ukiah, CA 95482
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Phone: (707)463-6203
Fax: (707)463-6204
Variances
Purpose: The purpose of a Variance is to provide relief from specific development regulations included in the
zoning ordinance when there are circumstances unique to an individual lot that would make the productive use
of the lot impracticable if the zoning regulations (such as yard setbacks or building height)were strictly applied.
When Required: A Variance is required to deviate from the specific development standards included in the
zoning ordinance. A Variance cannot be issued for land uses or lot size requirements.
Filing An Application: Applications for a Variance are required to include: a completed and signed Planning
Permit Application form; the submittal requirements identified on the application form; and the required fee.
Applications are submitted to the Planning and Community Development Department.
Project Review: Projects are reviewed to determine: the unique circumstances associated with the property
(such as size, shape, location, topography) that necessitate the request for a variance; that granting the
variance would not be detrimental to neighboring property owners; and that the variance would result in
granting a special privilege to the property owner inconsistent with the limitations on properties in the vicinity of
the project that are subject to the same zoning regulations. Projects are referred to City Departments (such as
Building, Public Works, Fire Department, Police Department, and Electric Utility) for review and comment.
Projects are also sent to outside agencies that may have review or permitting authority over the Project.
Environmental Review: As part of reviewing the project, the planner assigned to the project will determine if
environmental review is required. Minor projects may be exempt from the California Environmental Quality Act
(CEQA). Larger projects may not be exempt from CEQA and may be required to provide additional information
needed to complete the required environmental review.
Public Hearing: After the project has been reviewed by the City and outside agencies and environmental
review has been completed, the project will be scheduled for a public hearing for review of the project by the
decision maker. This includes publishing a public notice in the newspaper, posting notice on the project site,
and mailing a public notice to property owners within 300 feet of the project site.
Decision Making: Variances requesting less than 50% relief from a yard setback requirement or a height
increase of 5 feet or less over what is allowed by the applicable zoning district are reviewed and decided upon
by the Zoning Administrator. All other variances are reviewed and decided upon by the Planning Commission.
Staff will prepare a staff report for the project and make a recommendation to the decision maker to approve,
conditionally approve, or deny the project. In order to approve a Variance, the project must be consistent with
the findings required for approval (Ukiah City Code Section 9264(D)). The decision maker has the authority to
approve, approve with conditions, or deny a variance.
Revised 11/21/2012
rl ��� ��� z
v � � Attachment #
§9261 DISCRETIONARY PLANNING PERMITS
The City's discretionary planning permits include use peRnits, site development permits, and variances.
A. Use Permits:A use permit is an entitiement that permits a certain use of land in a zoning district where the
use is not allowed by right. Each zoning district contains both allowed and permitted land uses. "Allowed"land
uses are allowed without a use permit,while"permitted"uses can only be established with the securing of a
use permit. Use permits are usually issued with"conditions", and are intended to provide flexibiliry by permitting
land uses that will not have an adverse impact on surrounding land uses or the general public.The detailed
provisions for use permits are contained in Section 9262 of this Article.
B. Site Development Permits: Site development permits are required for the construction of new multiple-family
residential,commercial, and industrial structures, or the substantial exterior modification of existing multiple-
family residential,commercial, and industrial structures. Projects exempt from the site development permit
process include interior building remodels, repair and maintenance of structures or parking areas, minor
alterations on building exteriors, and minor accessory structures to established, multiple-family residential,
commercial, and industrial buildings. Upon request,the Planning Director shall determine whether a project is
exempt under this subsection in accordance with the following standards:
1.The project involves an addition of less than one hundred fifty(150)square feet to an existing
structure, and the addition would not be highly visible from any public street; or
2.The project involves minor facade modifications that would not significantly change the
architectural character or appearance of the structure.
The detailed provisions for site development permits are contained in Sec6on 9263 of this
Article.
C.Variance Permits:A variance is a permit to deviate from the terms of the Zoning Ordinance. It provides relief
from specific site development regulations. It is provided for because there are individual lots which, due to
some unusual characteristic, cannot be put to productive use if all detailed regulations(e.g.,yard setbacks,
height)are strictly applied.Variances are not issued for land uses("use variance")or relief of lot size
requirements.The detailed provisions for variances are contained in Section 9264 of this Article.
D. Major And Minor Use Permits, Site Development Permits,And Variances:At the time of application
submittal,the Planning Director or assigned designee shall determine if the proposed project constitutes a
major or minor use permit, site development permit, or variance. The Planning Director or assigned designee
shall be guided by the following criteria when determining whether a discretionary planning permit is major or
minor:
1. In the C-1, C-2, and M Zoning Districts,facade improvements, small additions/expansions of
more than one hundred fifty(150)square feet, but less than one thousand (1,000)square feet to
existing structures, minor amendments to previously approved permits, and changes in use of
existing structure(s)that do not require additional parking, and will not generate substantial
amounts of additional traffic, noise, or other potential nuisances shall be considered minor in
nature.Additions of one thousand (1,000)square feet or more shall be considered major
discretionary projects. In the R-2, R-3, and C-N Zoning Districts, additions of six hundred forty
(640)or more square feet shall be considered major discretionary projects.
In the C-N (Neighborhood Commercial)Zoning District, a use permit is required to exceed the
maximum thirty percent(30°/a)floor area ratio standard.A proposal to exceed this standard by
less than ten percent(10%) is considered a minor use permit.
2. New construction on vacant parcels, large additions/expansions to existing buildings,
substantial amendments to previously approved permits, and changes in use of existing
structure(s)that would require an expansion of an existing parking facility, or that could
generate substantial amounts of additional traffic, noise, or other nuisances shall be considered
a major permit.
3. Minor variance applications are those seeking less than fifty percent(50%)relief ftom a yard
setback requirement in a particular zoning district, or a height of less than five feet(5')over what
is allowed in a particular zoning district.
4. Other small and relatively insign�cant applications as determined by the Planning Director
shall be considered minor.
E. Use Or Project Not Established:Whenever in this Article a permit is subject to revocation because the use or
project for which the permit was issued is not established within required time limits, "not established"shall
mean that the permittee has not taken substantial steps and has not incurred substantial expense to construct,
complete and commence the use for which the permit was issued, and is not diligently completing the project
and commencing the use for which the permit was issued. (Ord. 1002, §2, adopted 1998)
�Ow�►��1 N Zonttnt6 ���
§9224 STANDARDS FOR SPECIFIC LAND USES AtFachment # �
§9224.1 PURPOSE
Section 9224 of this code provides site planning, development, and/or operational standards for certain land
uses that are allowed by section 9223 of this code, Building and Site Uses.The standards for each use are
intended to mitigate any potentially adverse impacts associated with the specific use. (Ord. 1139, §2 (Exh.A,
5.010), adopted 2012)
§9224.2 APPLICABILITY
The land uses and activities included in section 9224 of this code shall comply with the provisions of the section
applicable to the specific land use, in addition to all other applicable provisions of this article and the Ukiah City
Code.
A.Where Allowed:The uses that are subject to the standards in section 9224 of this code shall be located in
compliance with the requirements of section 9223 of this code, Building and Site Uses.
B. Land Use Permit Requirements:The uses that are subject to the standards in section 9224 of this code shall
be authorized by the land use permit required by section 9223 of this code, Building and Site Uses, except
where a land use requirement is established by sec6on 9224 of this code for a specific use.
C. Development Standards:The standards for specific land uses included in section 9224 of this code are
required and supplement those included in this code and the Ukiah City Code. In the event of any conflict
between the requirements of section 9224 of this code and those included in this code,the requirements of
section 9224 of this code shall control. (Ord. 1139, §2 (Exh.A, 5.020), adopted 2012)
§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 dn.rgs, and gambling are prohibited.
Weapons, pets and other animals(except service animals)are also prohibited. (Ord. 1139, §2(Exh.A, 5.030),
adopted 2012)
§9224.6 LIVE ENTERTAINMENT
Live entertainment shall comply with the requirements of this section where allowed by Table 3:Allowed Uses
and Permit Requirements.
A.Accessory Use: Live entertainment with four(4) or fewer acoustical performers is allowed as an accessory
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 nine o'clock(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
negative 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(4) persons may be authorized
with Zoning Administrator approval of a minor use permit, except as provided for in subsection
65 of this section.
3.Amplified Entertainment:Amplified live entertainment may be authorized with Zoning
Administrator approval of a minor use permit, except as provided for in subsection B5 of this
section.
4. Extended Hours: Live entertainment may be authorized past the hours of nine o'clock(9:00)
P.M.with Zoning Administrator approval of a minor use permit, except as provided for in
subsection 65 of this section.
5. Planning Director Determination:When a use permit is required and the rype of use permit
required (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 entertainment use permit to the Planning Commission for public hearing.
C. Use Permit: Use permits for live entertainment shall be processed in compliance with section 9262 of this
code. In addition to the findings required by subsection 9262E of this code, an application for a live
entertainment 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 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 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. (Ord. 1139, §2 (Exh.A,
5.060), adopted 2012)
�9224.7 OUTDOOR DINING
On-site outdoor dining shall comply with the requirements of this section where allowed 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 fumiture used in the operation of
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
9224.6 of this code.
E.Tables, Chairs, Fumiture, Signage:
1. In order to provide adequate and safe ingress/egress, a minimum unobstructed pedestrian
walkway width of forty-eight inches(48")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 sixry inches(60")of unobstructed space shall be maintained between exits and
any fumiture 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 sixty(60) pounds and shall
leave a vertical clearance of seven feet(7')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.
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 Division
3, Chapter 7 of this code(sign ordinance).
F. Maintenance: The permittee is responsible for maintaining all outdoor dining fumishings 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 prepared or
stocked for sale at the adjoining indoor restaurant; provided, however,that the service of beer or wine or both
solely for on-premises consumption by customers within the outdoor dining area may be authorized 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 cafe's 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 this section are exempt from section 6000 of this code.
H. Service Requirements:
1. Service areas(such as busing and service sta6ons) may be located within the outdoor dining
area. Service areas shall comply with subsection B of this section (Location of Outside 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.
Seating 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 manner that
constitutes a nuisance. (Ord. 1139, §2 (Exh.A, 5.070), adopted 2012)
§9224.8 SIDEWALK CAFE
A sidewalk cafe 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 a sidewalk cafe to operate in association 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.
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 sidewalk 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 eight o'clock(8:00)A.M.to.
nine o'clock(9:00) P.M.Tables, chairs, and all otherfumiture 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 9224.6 of this
code.
D.Tables, Chairs, Fumiture, 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(8')feet
of any designated bus stop.
2.The dining area shall not impede the use of public fumishings such as lighting, benches, etc.
3. In order to provide adequate and safe ingress/egress, a minimum unobstructed public
sidewalk width of forty-eight inches(48")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 sixty inches(60")of unobstructed space shall be maintained between exits and
any furniture or fixtures related to the sidewalk cafe, or as required by the building code,
whichever is greater.
5.All sidewalk cafe fumiture, including tables, chairs, umbrellas, and planters, shall be movable.
6. Umbrellas shall be secured with a minimum base of not less than sixty(60) pounds and shall
leave a vertical clearance of seven feet(7')from the sidewalk surface.
7. Outdoor heaters are allowed subject to fire and building code compliance. Music and/or
speakers 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
(Division 3, Chapter 7 of this code).
9.All furnishings and other items associated with the sidewalk cafe shall be removed from the
sidewalk during nonoperating hours of the cafe. Storage of these items outside may be
authorized with Zoning Administrator approval of a minor use permit.
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-premises consumption by customers within the areas of the sidewalk cafe may be authorized 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 a manner, as part of the
encroachment 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 cafe's 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
encroachment permit and in compliance with the requirements of this section are exempt from
section 6000 of this code.
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 cafe may 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 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.
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
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 requirements of
this section, the City shall have the ability to add additional conditions to the approved encroachment 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. (Ord. 1139, §2 (Exh.A, 5.080), adopted 2012)
§9224.11 LIVE/WORK UNITS
A live/work unit shall comply with the requirements of this section where allowed by Table 3:Allowed Uses and
Permit Requirements.
A. Purpose: This section provides standards for the development of new live/work units and for the
reuse/conversion of existing commercial structures to live/work units. Live/work units are required to be
occupied by business operators who live in the same structure that contains the commercial activity.A
live/work unit is intended to accommodate both living and work space.The work-related activities are beyond
the scope of a home occupation.
B. Limitations on Use:The nonresidential 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 established in conjunction with any of the
following activities:
adult entertainment business/adult cabaret;
vehicle maintenance or repair;
occupancy classified as Class H occupancy by the Califomia 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 gases, 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 applicable 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 one
thousand (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
commercial facilities used for the same work activity.
4. Integration of Living and Working Space:Areas within a live/work unit that are designated as
living space shall be an integral part of the live/work unit and not separated (or occupied and/or
separately rented)from the work space, except that mezzanines and lofts may be used as living
space subject to compliance with other provisions of this section, and living and working space
may be separated by interior courtyards or similar private space.
5. Mixed Occupancy Buildings: If a building contains mixed occupancies of live/work and other
nonresidential uses, occupancies other than live/work shall meet all applicable requirements for
those uses, and proper occupancy separations shall be provided between live/work units and
other occupancies, as determined by the Building Official.
E. Operating Requirements:
1. Occupancy:A live/work unit shall be occupied and used only by the operator of the business
located within the unit, or a household of which at least one member shall be the business
operator.
2. Sale or Rental of Portions of Unit: No portion of a live/work unit may be separately rented or
sold as a commercial space for any person not living in the premises or as a residential space
for any person not working in the same unit.
3. Notice to Occupants: The owner or developer of any building containing live/work units shall
provide written notice to all occupants and users that the surrounding area may be subject to
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
nofinrithstanding, noise and other standards shall be those applicable to commercial properties
in the applicable zone.
4. Nonresident 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 traffic 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 nonresidential uses
adjacent to the site to continue operating because of potential health and safety concems or nuisance
complaints raised by the exclusively residential use and/or its occupants.
G. Required Findings:The approval of a 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
subsection B of this section (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
commercial uses where all adjacent land is zoned for commercial uses. If there is adjacent
residentially zoned land,the proposed changes in the building will make the commercial building
being converted more compatible with the adjacent residential area. (Ord. 1139, §2 (Exh.A,
5.110), adopted 2012)
�9224.12 MIXED-USE PROJECTS
Mixed-use projects shall comply with the requirements of this section 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, induding 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 ftont.
2. Provide for intemal compatibility among different uses within the project.
3. Minimize the effects of any exterior noise, odors, glare,vehicular and pedestrian traffic, and
other potentially significant impacts on the residential portions of the project to allow a
compatible mix of residential and nonresidential uses on the same site.
4. Include specific design features to minimize the potential impacts of the mixed-use project on
adjacent properties.
5. Ensure residential units are of a residential character and that privacy between residential
units and between other uses on the site is maximized.
6. Be compatible with and enhance the adjacent and surrounding neighborhood in terms of site
planning, scale, building design, color, exterior materials, roof styles, lighting and landscaping.
B. Mix of Uses:A mixed-use project may combine residential units with any other use, or combinations of uses
allowed 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 9225 of this code, Site and Building 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 nonresidential uses and in compliance with
section 9225 of this code, Site and Building 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 9225 of this code, Site and Building Development Standards.
H. Noise:All nonresidential units shall be designed to minimize their adverse impacts on residential units, in
compliance with City noise regulations.
I. Nonresidential Hours of Operation:A mixed-use project proposing a commercial component that will operate
outside normal business hours(eight o'clock(8:00)A.M.to six o'clock(6:00) P.M.)shall require Zoning
Administrator approval of a minor use permit to ensure that the commercial use will not negatively impact the
residential uses within the project. (Ord. 1139, §2(Exh.A, 5.120), adopted 2012)
to the issuance of a building permit for a second unit. (Ord. 1139, §2 (Exh.A, 5.130), adopted 2012)
§9224.14 SINGLE ROOM OCCUPANCY FACILITIES
A single room occupancy(SRO)facility 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 provide opportunities for the development of
permanent, affordable housing for small households and for people with special needs in proximity to transit
and services, and to establish standards for these units.
B. Development Standards:
1. Single Fioom Occupancy Facilities:
a. Density:An SRO facility is not required to meet the density standards of the General
Plan.
b. Common Area: Four(4) square feet per living unit shall be provided,with at least two
hundred (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 ten(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 one hundred fifty(150)square feet
and a maximum of four hundred (400)square feet.
b. Occupancy:An SRO unit shall accommodate a maximum of two(2)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 provided, common facilities shall be provided in accordance with the building
code for congregate residences with at least one full bathroom per floor.
d. Kitchen:An SRO unit is not required to but may contain partial or full kitchen facilities.A
full kitchen includes a sink, a refrigerator, and a stove, range top or oven.A partial kitchen
is at least one of these appliances. If a full kitchen is not provided, common kitchen
facilities shall be provided with at least one full kitchen per floor.
e. Closet: Each SRO unit shall have a separate closet.
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 ten (10)or more units shall provide on-site
management that includes a manager's unit on the premises.An SRO facility with less than ten
(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
management and operation of the facility, rental procedures, safety and security of residents,
and building maintenance.
E.Vehicle Parking: Off-street parking shall be provided at a rate of 0.50 spaces per unit(two(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(two(2) units
would require one parking space).
G.Tenancy: Tenancy of SRO units shall be limited to thirty(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. (Ord. 1139, §2 (Exh.A, 5.140), adopted,2012)
§9224.15 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS
Specialty food and beverage sales with tastings shall comply with the requirements of this section 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 ten o'clock(10:00)
A.M.to ten o'clock(10:00) P.M.Additional hours may be authorized with Zoning Administrator approval of a
minor use permit.
B. Live Entertainment: Live entertainment is allowed in compliance with section 9224.6 of this code and may
perform until eight o'clock(8:00) P.M. Other arrangements for live entertainment may be authorized with
Zoning Administrator approval of a minor use permit.
C. Outdoor Seating: Outdoor seating is allowed in compliance with the applicable requirements for outdoor
dining included in section 9224.7 of this code or sidewalk cafes in section 9224.8 of this code.
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 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 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 approval,
conditional approval, or disapproval of a use permit for a specialty food and beverage sales with tastings in
addition to the findings required by subsection 9262E of this code. (Ord. 1139, §2 (Exh.A, 5.150), adopted
2012)