HomeMy WebLinkAbout05112016 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
May 11, 2016
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 March 23, 2016 meeting will be included for review and
approval at the May 11, 2016 meeting.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for
everyone to be heard, please limit your comments to three (3) minutes per
person and not more than ten (10) minutes per subject. The Brown Act
regulations do not allow action to be taken on audience comments.
6. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary
planning permits 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 May
23, 2016 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC PRESENTATION
10. PUBLIC HEARING
A. Amendment to Zoning Ordinance text for maximum fence height and
parking lot shade tree requirement. Consideration and possible action on
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.
recommendations for approval of the proposed ordinance to the Ukiah City
Council for revisions to the City Code amending the maximum fence height from
six feet to seven feet in all zoning districts; and amending the parking lot tree
shading requirement from 10 years to 15 years applicable in the R-2, R-3, C-N,
C-1, C-2, P-D and P-F zoning districts.
B. Amendment to Zoning Ordinance text providing specific site planning,
development and/or operational standards for the following uses:
1. Community Gardens
2. Live Entertainment
3. Outdoor Dining
4. Sidewalk Cafes
5. Specialty Food and Beverage Sales with Tasting.
11. PLANNING DIRECTOR'S REPORT
12. PLANNING COMMISSIONERS' REPORT
13. AD70URNMENT
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 March 23, 2016
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Mike Whetzel, Chair
7 Christopher Watt
8 Laura Christensen
9 Mark Hilliker
10 Linda Sanders
11
12 STAFF PRESENT OTHERS PRESENT
13 Charley Stump, Planning Director Listed below, Respectively
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 Chair Whetzel at
19 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
20
21 2. ROLL CALL
22
23 3. PLEDGE OF ALLEGIANCE - Everyone cited.
24
25 4. APPROVAL OF MINUTES — The minutes from the February 24, 2016 meeting are included for
26 review and approval.
27
28 M/S Sanders/Christensen to approve February 24, 2016 minutes, as submitted with Commissioner Watt
29 abstaining.
30
31 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
32
33 6. APPEAL PROCESS
34 Chair Whetzel read the appeal process. For matters heard at this meeting the final date to appeal is April
35 4, 2016 at 5:00 p.m.
36
37 7. SITE VISIT VERIFICATION - Confirmed by Commissioners.
38
39 8. VERIFICATION OF NOTICE-Confirmed by Staff.
40
41 9. PUBLIC PRESENTATION
42 9A. Public Workshop; Alternative Fuels Readiness Project Presented by Juliette Bohn of JPB
43 Consulting.
44
45 Juliette Bohn, Juliette Bohn Consulting:
46 • Gave a PowerPoint presentation regarding a Northwest California Alternative Fuels Readiness
47 project as provided for in attachment 1 of the minutes that specifically outlines the program
48 purpose and intent with regard to the use of alternative fuels in an effort to provide for clean and
49 sustainable fuels to facilitate a more secure energy future. The fuels under consideration are:
50 electricity, natural gas and propane, hydrogen and biofuels such as biodiesel and biogas.
51 • The aforementioned program is being developed for the counties of Del Norte, Siskiyou,
52 Humboldt, Trinity and Mendocino.
53 • The project partners represents a cooperative effort between Redwood Coast Energy Authority,
54 the Schatz Energy Research Center at Humboldt State University, the Mendocino Council of
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 1
1 Governments (MCOG), the North Coast Unified Air Quality Management District, and the
2 Siskiyou County Economic Development Council where funding is provided by the California
3 Energy Commission under a grant.
4 • For informational purposes referenced the following sources from the U S Department of Energy:
5 1) Clean Cities Guide to Alternative Fuel and Advanced (Medium and Heavy-Duty Vehicles); 2)
6 Clean Cities 2016 Vehicle Buyer's Guide; The contact agency for these sources is: Schatz
7 Energy Research Center, Humboldt State University, Jerome Carman, Research Engineer; and,
8 3) California lncentive Available to the North State Region written by the U S Department of
9 Energy, Alternative Fuels Data Center, www.afdc.emerqu.qov/laws/all?state=CA).
10 • The State of California has established goals and policies for adopting alternative fuels through
11 the State Alternative Fuels Plan (AB1007) where the intent under State policy is to transition
12 away from petroleum consumption via AB 1076 and the `Reducing California's Petroleum
13 Dependence plan,' reduce greenhouse gas emission through AB 32 and adoption of the low
14 carbon fuel standard, increase in-state biofuel production and use through the Bioenergy Action
15 Plan for California and improve air quality through state mandates set by the California Air
16 Resources Board.
17 • Fuels that are cleaner than gasoline or diesel can be sourced within the United State and in our
18 region.
19 • Alternative fuel outreach materials and strategies that include program incentives, regulations,
20 funding opportunities and other initiatives related to alternative fuels, advanced technologies or
21 air quality are created to assist project stakeholders and/or other interested program
22 persons/agencies/organizations/governments/vehicle manufacturers/dealers/fleet operators/fuel
23 producers and distributors.
24 • Related to the rules/regulations for the transportation sector, the emphasis is on the use of low-
25 emission fuels in connection with the low carbon fuel standard which requires fuel suppliers to
26 reduce the carbon intensity for California by 10°/a by the year 2020. This presents the opportunity
27 to manufacture low carbon emission fuels, locally and talked about incentives programs.
28 • Another regulation that can have a local impact is the California Building Code where the 2016
29 update requires all new buildings install electrical vehicle charging stations depending upon the
30 number of parking spaces required for the development and/or can accommodate.
31 • There are also State requirements geared toward reducing the use of petroleum by 20% that
32 stipulate all vehicle manufacturers by the year 2025, 20% of all vehicles for sale in California must
33 adhere to 'zero carbon emission vehicle.' As such, the future of transportation in all parts of
34 California will be characterized by low emission fuels and higher performing vehicle technologies.
35 • Planning for low emission fuels has essentially been going on since the 1970s nationwide both
36 state and federally.
37 • Talked about aging fleets and conversions to low carbon emissions and incentives with regard to
38 purchase vouchers provided by the California Air Resources Board to eligible fleets as specifically
39 addressed in the `California lncentive Available to the North State Region' informational
40 document.
41 • Welcomes comments/questions from the Commission.
42
43 Commissioner Sanders:
44 • Asked what company(s) Ms. Bohn represents?
45 • Related to attachment 1 of the minutes, section 'Promote Economic Development,' second bullet
46 'Encourages the use of locally processed fuels,' and asked about potential sites where alternative
47 fuels would be processed and what fuel types the alternative fuel coalition has encountered. Are
48 there plans to cite facilities that could accommodate the production of alternative fuels in
49 Mendocino County?
50 • Requested clarification `electric' is the primarily alternative fuel type being looked at for
51 Mendocino County?
52 • Related to the statement in attachment 1 that reads, `The Northwest California Alternative Fuels
53 readiness project promotes State goals by assessing the opportunity to commercialize and adopt
54 low carbon fuels in the unique setting of the Northwest Region. The project also integrates local
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 2
1 needs and challenges into a strategic planning and outreach effort that effectively enhances the
2 adoption of alternative fuels' and asked what are the local needs and challenges?
3
4 Commissioner Watt:
5 • Asked about the concept of renewable diesel and distinguish from biodiesel. Requested
6 clarification renewable diesel has a different chemical make-up than biodiesel.
7
8 Juliette Bohn:
9 • She represents the Redwood Coast Energy Authority and Schatz Energy research Center both of
10 which are non-profit organizations.
11 • The type of fuel that likely speaks the most locally is electricity in the form of solar panels and/or
12 energy generation that produces energy via roof tops of buildings, etc. Supports that electricity
13 comes from `clean' energy. While hydrogen is thought more of in the future it can be produced
14 anywhere. Other fuels such as biofuels would likely be produced elsewhere in the State of
15 California. Some fuel types will be brought here and some can be produced locally. Alcohol
16 producing fuel can be made locally. Anything having to do with waste oils is another option of a
17 fuel type that can be produced locally. Mendocino County will have a zero emissions vehicle
18 readiness plan that has been developed and MCOG is the lead agency in this regard. Likewise,
19 other counties in this region have a similar plan. The objective is to develop a networking of
20 electric vehicle charging stations throughout northwest California so that people with electric
21 vehicles can travel in this region knowing there are charging stations available. The readiness
22 plan would also include a network system to develop other fuel types in this region.
23 • Acknowledged electricity offers a tremendous carbon emissions benefit. The State of California
24 has a goal to increase the quantity of electric vehicles operating on streets by the year 2040 and
25 this is the reason it is important to increase the number of electric vehicle charging facilities.
26 • Related to local needs and challenges, it is important to meet and appropriately train emergency
27 responders, mechanics, and fleet operators and to specifically ask about their individual needs for
28 operational purposes.
29 Renewable diesel is a new concept. Hydrogenation-derived renewable diesel is the product of
30 fats or vegetable oils alone or blended with petroleum (also known as green diesel)that is refined
31 by a hydro-treating process. The primary distinction between renewable diesel and biodiesel is
32 that renewable diesel does not have the issues that biodiesel has even though it is made from
33 some of the same products and explained how so on an accountable level. Renewable diesel is
34 not the same thing as biodiesel. Renewable diesel is chemically the same as petrodiesel but is
35 made of recently living biomass. While renewable diesel and biodiesel differ on a chemical level
36 from performance standpoint renewable diesel is a much easier fuel to work with and works well
37 with existing infrastructure. Renewable diesel was only recently approved by the California Air
38 Resources Board as one of the low carbon pathways.
39
40 A great opportunity/advantage is that heavy duty fleet vehicles are diesel vehicles so if a
41 community wanted to reduce their carbon emissions they could engage in the use of renewable
42 diesel fuel. Currently California has mandated that all state fleets involving bulk and diesel
43 purchases have to use `renewable' diesel. The opportunity exists to take advantage of`renewable
44 diesel' and lower carbon emissions.
45
46 Biodiesel is produced using a chemically different process from petrodiesel and renewable diesel.
47 Biodiesel is considered a `renewable' option for diesel vehicles and is economically a viable
48 alternative to conventional diesel. It can be produced from new and used vegetable oils, animal
49 fats and recycled restaurant grease and when used in place of diesel, can significantly reduce life
50 cycle carbon emissions. Related to performance, biodiesel fuel can use different blends that
51 consist of biodiesel and diesel fuel. Pure biodiesel must be produced to an established
52 specification to ensure efficient performance. The great thing about biodiesel is it meets the
53 petroleum diesel 'ASTM' standards for diesel fuel and performance-wise you cannot tell the
54 difference between regular diesel and biodiesel. Biodiesel has a lower emissions profile because
55 it is made from plants that are part of the short-term carbon cycle. Biodiesel is available today to
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 3
1 reduce carbon emissions without having to change vehicles or putting in a new fuel infrastructure
2 to accommodate this fuel type.
3
4 Biofuel such as biodiesel and biogas is a fuel that is produced through contemporary biological
5 processes from living organisms or from metabolic by-products rather than a fuel produced by
6 geological processes such as those involved in the formation of fossil fuels, such as coal and
7 petroleum. The two most common types of biofuels in use today are ethanol and biodiesel.
8 Biogas refers to a mixture of different gases produced from raw materials such as agricultural
9 waste, manure, municipal waste, plant material, sewage, green waste or food waste.
10
11 Commissioner Christensen:
12 • How do the electric charging stations compare to other fuel alternatives as it relates to use of
13 'clean'fuel?
14
15 Commissioner Hilliker:
16 • Related to the use of alternative fuels, his preference is diesel fuel. While he has not read all the
17 literature from vehicle manufacturers regarding alternative fuels understands they frown on
18 biofuels. Will vehicle manufacturer warranty cover this fuel type (biodiesel)?
19
20 Juliette Bohn :
21 • While Ukiah has its own power grid is not sure of the source in terms of producing `clean' fuel.
22 Has knowledge PG&E has one of the `cleanesY grids in the country. It has a lot of hydro and
23 natural gas. The north coast has a clean electricity grid mix so the resulting emissions benefit is
24 very real unlike in other parts of the country where coal is used exclusively or in the mix to
25 produce electricity.
26 • Acknowledged biodiesel meets the `ASTM' diesel fuel standards used in these engine types.
27 Diesel engines do not recognize the difference between `diesel' or `biodiesel' fuel. The
28 performance is the same and referred to the U S Department of Energy Clean Cities 2016
29 Vehicle Buyer's Guide and Clean Cities Guide to Alternative Fuel and Advanced Medium and
30 Heavy Duty Vehicles that address the specifications necessary for vehicles on the market today
31 as well information on aging fleet.
32 • Would like to see biodiesel fuel sold at local gas stations.
33
34 The Commission thanked Juliette for the information regarding the use alternative fuels in connection with
35 the goal of developing low carbon fuel standards.
36
37 10A. The Sandbox Use Permit, 270 N. Pine Street(File No.: 1612-UP-PC). Consideration and possible
38 action on a request for approval of a Major Use Permit to allow a Child Care Center at 270 N.
39 Pine Street, APN 002-214-07.
40
41 Assistant Planner Johnson:
42 • Presented a staff report as provided for in pages 1-7 of the staff report and corresponding
43 attachments 1-6.
44 • The Minutes from the regular July 28, 2010 Planning Commission meeting are included as
45 attachment 2 of the minutes for reference purposes regarding a similar childcare center in the
46 same location.
47 • Referenced further comments/recommendations in an email dated March 16, 2016 from Sean
48 Kaeser and Nancy Sawyer of the Ukiah Police Department that are included in the minutes as
49 attachment 3. This information is in addition to the comments submitted by the Ukiah Police
50 Department in attachment 5 of the staff report.
51 • Attachment 3 of the staff report contains a project a project description and operations manual
52 submitted by the applicant that explains in detail how the childcare center will operate.
53 • Of particular importance for discussion is the matter of egress and ingress into the facility. The
54 applicant has addressed this matter on page 10 of the operations manual including the policy of
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 4
1 parents not leaving children unattended in vehicles and that vehicles should not be left idling
2 during drop off/pickup.
3 • Addressed the parking requirements for the project and noted seven parking spaces will be
4 dedicated to the childcare center by the church.
5 • Staff recommends approval of the project based on the Findings in attachment 1 and subject to
6 the Conditions of Approval in attachment 2.
7
8 Commissioner Hilliker:
9 • Noted the church has an address of 270 N. Pine and the proposed childcare center has an
10 address of 205 N. Bush address and would like clarification in this regard because an address
11 discrepancy could be problematic for emergency responders. If the 270 N. Pine address is given
12 to emergency responders they will go to the church and not the childcare facility.
13
14 Commissioner Christensen:
15 • Questioned access to the child care facility.
16 • Requested clarification the building has mixed uses including a mental health facility.
17
18 Commissioner Watt:
19 • Referred to draft condition of approval no. 6 related to the outside play area and noise and
20 inquired as to the basis that play time will be limited to a total of three hours of play.
21 • Referred to attachment 2 of the minutes and it appears the issues for this childcare center in the
22 same location as the proposed project such as the need for installation of a fire alarm system
23 were adequately addressed.
24 • Referred to page 10 of the operations manual that calls for a map insert and asked if this map is
25 available.
26
27 Assistant Planner Johnson:
28 • Will review the addressing for the different uses on the site.
29 • Ukiah Police Department makes recommendations regarding access/entrances to the facility in
30 attachment 5 of the staff report. Concern was expressed that in the past there was unauthorized
31 access into the school building via the interior church doors that connect. As such, Nancy Sawyer
32 of UPD made the recommendation to secure interior doors. Sean Kaeser of UPD in his project
33 review had some concerns whether interior doors can be secured from a safety perspective. The
34 childcare facility formulated a plan for their south entrance where only the childcare families will
35 use the southwest entrance. All others will use the northwest entrance. Signs will be installed to
36 help with access. The church is considering putting in a push button entry system for the
37 northwest door that will limit entrance to only those with the code. In Attachment 3 of the minutes
38 UPD acknowledges the childcare facility's plan and is fine with the proposal provided planning
39 department is comfortable with the proposal and that it works on a safety level.
40 • Applicant can confirm the uses in the building.
41 • The three hours of play time is a standard condition of approval for childcare facilities because
42 such facilities are typically located in residential areas where the intent is to not only be fair and
43 reasonable to the applicant but also to the neighborhood.
44 • Applicant can address specific issues the Commission has questions about. The Fire Marshal
45 has reviewed the proposed project.
46 • The map insert is something the applicant will use to hand out to parents where such a map will
47 be included in the operations manual.
48
49 PUBLIC HEARING OPENED: 6:47 p.m.
50
51 Commissioner Watt:
52 • Did the change of occupancy issue for the former childcare facility get resolved?
53
54 Commissioner Sanders:
55 • Asked where the employees will park?
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 5
1 • Related to the matter of circulation in the parking lot that was addressed in 2010 for the former
2 childcare facility and again in the operation manual for the proposed new childcare facility asked
3 how it is going to work in the parking lot.
4
5 Commissioner Christensen:
6 • Related to the 2010 childcare center, the minutes reflect a discussion about directional arrows on
7 the ground in the parking lot and asked whether this is part of the proposed project? She did not
8 see any directional arrows when she conducted her site visit.
9 • Would support directional signage in the parking lot as a project condition of approval. While this
10 was a condition of approval for the former childcare facility it was not specific about the signage
11 being located on asphalt. The condition requires directional signage at the entrance of the parking
12 lot that could be interpreted as signage on the ground or`a sign' in the parking lot. Would support
13 directional signage that is on the ground.
14
15 Commission:
16 • It may be that requiring directional arrows in the church parking lot should be made a project
17 condition of approval.
18
19 Ann Molgaard, First Five Mendocino:
20 • Confirmed the initial fire alarm system was installed and then recently reinstalled.
21 • Providing for directional arrows would make sense. A church representative has indicated the
22 parking lot would have to be restriped at some point.
23 • Would have no objection providing signage in the church parking lot in the form of directional
24 arrows on the ground as a condition of approval.
25
26 Director of the Sandbox Childcare Center:
27 • Confirmed the change of occupancy issue concerning the former childcare facility and the mental
28 health facility was resolved. The mental health facility has since relocated so the issue of
29 occupancy is no longer an issue.
30 • All parents or guardians must enter from Standley Street as noted by sign with arrow, park in
31 parking spaces and exit onto Smith Street. There will be a family orientation and intake training
32 concerning operation of the childcare center that will include parking lot etiquette and the location
33 of the designated parking spaces and the direction people should be travel when they enter and
34 exit the parking lot.
35 • Related to employee parking, she lives in the vicinity of the school and will bike or walk to work.
36 Other employees, visitors, etc., can take advantage of off-street parking accommodations.
37 • Would support providing for directional signage of some form in the parking lot.
38
39 Commissioner Hilliker:
40 • Related to safety asked about the exit doors being required to have an 'exit bar.' Would the
41 protective push bar be on the inside or outside of the doors? Sees in attachment 5 of the staff
42 report pertinent to Ukiah Police Department comments the recommendation regarding doors is to
43 make sure doors have the exit push bar protected from exterior tampering by a metal shield that
44 protects the push bar. It is not specified whether the protective push bar is located on the inside
45 or outside of the doors. The protective push bar should be on the inside of a door. Questions the
46 design of the protective exit push bar. The push bar needs to open and function properly at all
47 times and it is highly important entry/exit doors function correctly for all emergency situations.
48
49 Assistant Planner Johnson:
50 • Has no information regarding the location of the push bar.
51
52 Ann Molgaard:
53 • Has no knowledge about the function of the exit doors.
54
55 Planning Director Stump:
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 6
1 • The Fire Marshal and City Building Official require that all doors/exit doors and/or other building
2 code-related functions meet code standards.
3
4 Commissioner Sanders:
5 • Asked about Commission consensus making the installation of directional signage in the church
6 parking lot a condition of approval. It does not appear the applicants view adding directional
7 signage in the parking lot as a problem.
8
9 Commissioner Watt:
10 • The operations manual states parents or guardians must enter from Standley Street noted by
11 sign with arrow, park in the designated parking spaces and exit onto Smith Street so it appears
12 the applicants intend to provide for signage in the parking lot.
13
14 Commissioner Hilliker:
15 • Related to the matter of installing direction arrows on the pavement of the parking lot there is an
16 issue of one-way streets (Standley Street and Smith Street) on either side of the building so
17 people heading westerly up the street on Smith Street will have to be formally advised how to
18 proceed if all parents or guardians must enter from Standley Street and exit onto Smith Street.
19
20 Gary Anderson, Ukiah Methodist Church representative:
21 • Would be a slight inconvenience to church members to change how the parking lot presently
22 operates and recommends leaving the issue of parking lot etiquette to the management of the
23 daycare center.
24 • Does not support requiring signage in the form of directional arrows in the parking lot as a project
25 condition of approval.
26
27 It was the consensus of the Commission not to condition the project to require directional signage for the
28 parking lot, but rather leave the parking lot etiquette to the management of the daycare facility as
29 specifically addressed in the operations manual.
30
31 PUBLIC HEARING CLOSED: 7:05 p.m.
32
33 M/S Watt/Hilliker to approve The Sandbox Major Use Permit File No. 1612-UP-PC based on the
34 Findings in Attachment 1 and subject to the Conditions of Approval in Attachment 2. Motion carried (5-0).
35
36 11. PLANNING DIRECTOR'S REPORT
37 Planning Director Stump:
38 • City Council recently heard an introduction to the Ukiah General Plan Housing Element with
39 recommended approval by the Planning Commission. The document will come back to Council
40 for final approval April 6.
41 • Council recently had the opportunity to review the LAFCO budget and had no comments.
42 • Related to the RFP concerning development of the City-owned property on N. Main Street
43 Council reviewed the responses and authorized the City Manager to enter into negotiations with
44 the firm that came in at the top of the bid.
45 • While there has been no recent Zoning Administrator action, two projects are scheduled for
46 March 31St and they include a minor variance on Joseph Street and a minor site development
47 permit for an accessory structure at Ellie's Mutt Hut.
48 • The Planning Commission will be reviewing two zoning code amendments in the near future.
49 • Staff will be looking at updating the Ukiah General Plan. The plan is now 20 years old.
50 • The Costco project is waiting review and a decision by the U S Appellate Court in San Francisco.
51 • The Talmage Road Realignment project is moving forward.
52 • Mediation concerning the Palace Hotel is continuing.
53 • The Wagenseller Parks Site Identification Study will move forward with the community's help.
54 • Council will review the fee schedules for the Planning and Building Department and possibly
55 make some revisions.
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 7
1 • The Planning Commission will have the opportunity to review a draft Marijuana Dispensary
2 Ordinance and provide comments to City Council. There have been some State law changes in
3 this regard.
4 • Possible development interest has been expressed concerning vacant parcels in the AIP as well
5 as other vacant parcels in the City limits.
6 • Has submitted a draft Planning/Building budget for next year that includes a stipend and training
7 budget for the Planning Commissioners.
8
9 Commissioner Watt:
10 • Asked about the name of the firm the City is negotiating with for development of the City-owned
11 development on N. Main Street.
12
13 Planning Director Stump:
14 • Guillon Inc. is the firm the City is negotiating with concerning potential development of the City-
15 owned property on N. Main Street.
16
17 Commissioner Sanders:
18 • Attended the recent Wagenseller Neighborhood meeting where development of a potential park
19 for this neighborhood was on the agenda and inquired about the date for the next community
20 meeting.
21
22 Planning Director Stump:
23 • The date for the next Wagenseller Neighborhood meeting concerning a potential park has not yet
24 been selected.
25
26 Chair Whetrel:
27 • Thanked Assistant Planner Johnson for doing a nice job on tonighYs project presentation.
28
29 12. PLANNING COMMISSIONERS' REPORT
30
31 13. ADJOURNMENT
32 There being no further business, the meeting adjourned at 7:23 p.m.
33
34
35 Cathy Elawadly, Recording Secretary
36
37
38
39 FINAL USE PERMIT FINDINGS TO ALLOW
40 THE OPERATION OF A CHILD CARE CENTER
41 AT 270 NORTH PINE STREET, APN 002-214-07
42 FILE NO: 1612-UP-PC
43
44 The following findings are supported by and based on information contained in this staff report, the
45 application materials and documentation, and the public record.
46
47 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
48 Plan as described in the staff report.
49 2. The proposed project, as conditioned and with an approved Use Permit pursuant to Zoning
50 Ordinance Section 9262 and per Section 9198 (E)(1) off- street parking requirements, is
51 consistent with the Zoning Ordinance as described in the staff report.
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 8
1 3. The proposed project is compatible with the surrounding neighborhood in regards to parking in
2 that:
3 A. The project site has a paved on-site parking lot that contains nineteen (19) stall paved
4 parking spaces. Staff has included a condition of approval requiring 7 parking spaces be
5 dedicated to The Sandbox Children' Play School by the Church. Therefore, the impact to the
6 neighborhood in terms of on—street parking will be minimal.
7 B. The proposed project will not conflict in terms of operating days and hours with other
8 activities scheduled at the church therefore there will be ample parking on site.
9 C. The childcare center will be licensed for 36 children the nature of a child care center is that
10 not all of the children are dropped off at the same time resulting in staggered parking needs
11 throughout the day. Therefore, the 7 designated parking spaces will be sufficient.
12 4. The proposed project is compatible with surrounding neighborhood in regards to traffic in that:
13 A. Given the operation of the childcare center will not conflict in terms of days and hours with
14 other church functions, the adjacent neighborhood will not experience an increase in traffic.
15 B. The childcare center will be licensed for 36 children; the nature of a childcare center is not all
16 of the children are dropped off or picked up at the same time. Therefore, there will not be a
17 dramatic increase in traffic to the neighborhood.
18 C. Given the project site is located in a transition area, surrounded by both residential and
19 commercial uses, the childcare center will be available to residents and working families in
20 the neighborhood who can walk to the center. Furthermore, the center is located in close
21 proximity to public transit.
22 5. The proposed project is compatible with the surrounding neighborhood in regards to noise in that
23 :
24 A. The proposed use will be held to the City standard noise requirements as defined in the City
25 Municipal Code; therefore, the adjacent neighborhood will not be impacted with increased
26 noise levels.
27 B. The surrounding neighborhood is a mix of residential and commercial uses. Based on the
28 perFormance of past childcare facilities at this location and the fact there have not been
29 complaints from the neighbors in the past, the proposed use is compatible with the
30 neighborhood.
31 6. The proposed project will not be detrimental to the public's health, safety and general welfare in
32 that :
33 A. The project has been reviewed by the Fire Marshal, Police Department, Building Official,
34 Public Works and comments received have been included as conditions of approval.
35 B. The Childcare Facility will be licensed by the State of California through the Community Care
36 Licensing Board.
37 C. The project is required to comply with all federal, state and local laws. The applicant has
38 provided information as to compliance with applicable requirements.
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 9
1 D. Based on findings 3, 4, and 5 above.
2 7. The proposed project is exempt from the provisions of the California Environmental Quality Act
3 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures,
4 which allows structures up to 10,000 square feet in urbanized areas when the use does not
5 involve significant amounts of hazardous materials, where all necessary public services and
6 facilities are available, and the surrounding area is not environmentally sensitive based on the
7 following:
8
9 A. The proposed project includes 1,516 square feet of classroom area.
10
11 B. The Childcare Center use does not involve the use of hazardous materials.
12
13 C. The project site is located in an area where all public services and facilities area available.
14
15 D. The project is not located within an environmentally sensitive area in that the site is located in
16 an developed urban area. The site is developed with buildings, parking lot, landscaping and a
17 play yard. No water courses, wildlife, wildlife habitat, floodway or flood plain or other
18 environmentally sensitive areas are present.
19 E. The proposed project will not conflict in terms of operating days and hours with other
20 activities scheduled at the church site; therefore, the on-site parking shall be sufficient and
21 not impact the neighborhood. Furthermore, the drop-off and pick-up times will be staggered
22 throughout the day resulting in less impact on the neighborhood.
23 F. Given the operation of the childcare center will not conflict in terms of days and hours with
24 other church functions the adjacent neighborhood will not be adversely impacted by
25 increased traffic.
26 G. The proposed use will be held to the City Standard Noise requirements as defined in
27 the City Municipal Code therefore the adjacent neighborhood will not be impacted with
28 increased noise levels.
29 8. Notice of the proposed project was provided in the following manner as required by the Zoning
30 Ordinance:
31 A. posted in three places on the project site on March 09, 2016;
32 B. mailed to property owners within 300 feet of the project site on March 09, 2016; and
33 C. published in the Ukiah Daily Journal on March 13, 2016.
34
35 FINAL CONDITIONS OF APPROVAL—USE PERMIT
36
37 DRAFT USE PERMIT CONDITIONS OF APPROVAL TO ALLOW
38 THE OPERATION OF A CHILD CARE CENTER
39 AT 270 NORTH PINE STREET, APN 002-214-07
40 FILE NO: 1612-UP-PC
41
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 10
1 1. Approval is granted for the operation of a childcare center as described in the project descriptions
2 submitted to the Community Development and Planning Department and date stamped March
3 04, 2016 except as modified by the following conditions of approval.
4 2. This Use Permit is granted subject to the following hours of operation:
5 ■ Monday through Friday 7:00 AM to 6:00 PM
6
7 ■ Once a month Parent Education Meeting 6:00 PM to 8:00 PM
8 The parent education meetings shall not be scheduled at a time and day that conflict with other
9 scheduled events at the Church
10
11 3. Provide revised site plan identifying 7 parking spaces to be dedicated to The Sandbox Children'
12 Play School by the Church.
13 4. The childcare center is limited to a maximum of 36 children.
14 5. The drop-off and pick pick- up times for the children shall be staggered as noted in the project
15 description submitted by the applicant.
16
17 6. Noise generated from the childcare center and outside play yard shall not exceed the established
18 noise standards as defined by the City's Municipal Code. Outside play time will be limited to a
19 total of three hours per day.
20 From the Police Department( Sean Kaeser)
21
22 7. As a condition of the Use Permit if granted that the Applicant will obtain and show proof by filing a
23 copy with the City of their appropriate State of California Daycare License and maintain a valid
24 license for operation for the duration of operation.
25 Standard Citv Conditions of Approval
26
27 8. Business operations shall not commence until all permits required for the approved use, including
28 but not limited to business license, tenant improvement building permit, have been applied for
29 and issued/finaled.
30 9. No permit or entitlement shall be deemed effective unless and until all fees and charges
31 applicable to this application and these conditions of approval have been paid in full.
32 10. The property owner shall obtain and maintain any permit or approval required by law, regulation,
33 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
34 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
35 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
36 and issued.
37 11. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
38 future purchaser, tenant, or other party of interest.
39 12. All conditions of approval that do not contain specific completion periods shall be completed prior
40 to building permit final.
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 11
1 13. This Use Permit may be revoked through the City's revocation process if the approved project
2 related to this Permit is not being conducted in compliance with these stipulations and conditions
3 of approval; or if the project is not established within two years of the effective date of this
4 approval; or if the established use for which the permit was granted has ceased or has been
5 suspended for 24 consecutive months.
6 14. This approval is contingent upon agreement of the applicant and property owner and their agents,
7 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
8 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
9 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
10 aside, void or annul the approval of this application. This indemnification shall include, but not be
11 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
12 by any person or entity, including the applicant, arising out of or in connection with the City's
13 action on this application, whether or not there is concurrent passive or active negligence on the
14 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
15 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
16 remain in full force and effect.
17
MINUTES OF THE PLANNING COMMISSION March 23, 2016
Page 12
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The Northwest California Alternative Fuels Readiness Project is developing a readiness plan for
the counties of Del Norte, Siskiyou, Humboldt, Trinity, and Mendocino.
Focus on the Future
• Create a roadmap for wise and effective altemative fuel infrastructure deployment.
• Identify activities that encourage regional altemative fuel vehicle adoption.
• Coordinate regional efforts that support the successful introduction of altemative fuel vehicles.
• Highlight training and first responder needs for safe deployment and adoption.
• Facilitate robust market development for alternative fuels.
Promote Economic Develapment
To address multiple barriers to alternative transportation fuel adoption in the region,this project:
• Promotes the need for alternative fuel infrastructure;
• Encourages the use of locally processed fuels;
• Informs consumers about alternative fuels;
• Addresses permitting and regulatory hurdles with local and regional govemment agencies;
• Engages local and regional fleets about alternative fuel conversion opportunities.
Project Partners
The is a cooperative effort between the Redwood Coast Energy Authority,the Schatz Energy Research Center
at Humboldt State University,the Mendocino Council of Govemments,the North Coast Unified Air Quality
Management District, and the Siskiyou County Economic Development Council. Funding is provided by the
Califomia Energy Commission under grant number ARV-13-012.
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Change Nlore Than Just the Car You Dri►►�
7hrough accelerated commercialization of altemative and
renewable fuels,this project not only ensures the region meets its
share of the State's low carbon fuel standard, but also improves air
quality, encourages energy sustainability, and improves regional
resilience to natural disasters.
A�ign Wi�th State Gva1S
The State of Califomia has set ambitious goals for adopting altemative fuels.Through the State Altemative
Fuels Plan(AB 1007), current State policy is to:
• Transition away from petroleum consumption via AB 1076 and the Reducing California's Petroleum
Dependence plan;
• Reduce greenhouse gas emissions through AB 32 and adoption of the low carbon fuel standard;
• Increase in-state biofuel production and use through the Bioenergy Action Plan for Calrfornia;
,• Improve air quality through state mandates set by the California Air Resources Board.
• • Clean, Sustainable, and Secure
� � � ' Fuels that are cleaner than gasoline or diesel can be sourced within the
� ' ' • • • United States, and in our region,to facilitate a more secure energy
• ' '••� future. Fuels under consideration are electricity, natural gas and
•• propane, hydrogen, and biofuels such as biodiesel and biogas.
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• • • Project Stakeholder Input Is Needed
' Numerous stakeholders will have a voice in this project, including:
� � � � • Local governments • Fleet operators
• Fuel producers and distributors • Auto dealers
�� � � � • Emergency responders • Many others
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Stakehvtder�]utreach Time�ine
• Assess alternative fuel infrastructure and deployment options(including April 2014-August 2015
an assessment of planning, permitting and deployment challenges)
• Analyze and recommend incentives to increase alternative fuel adoption May 2014-June 2015
• Develop strategic plan for altemative fuel market development August 2014-June 2015
• Cooperatively develop training materials for infrastructure owners, May 2015-November 2015
operators, managers, and emergency response teams
• Create outreach materials and strategies to communicate altemative July 2015- December 2015
fuel benefits
• Develop and finalize a regional readiness plan July 2015 -October 2015
LEGAL NOTICE:This document was prepared as a result of work sponsored by the Califomia Energy Commission.It does not necessarily
represent the views of the Energy Commission,its employees,or the State of Califomia.The Commission,the State of Califomia,its
employees,contractors,and subcontractors make no warranty,express or implied,and assume no legal liability for the information in this
document;nor does any party represent that the use of this information will not infinge upon privately owned rights.
• ''� 633 3ro Street, Eureka, CA 95501
REDVIIOOD COAST � P: 707.269.1700 F: 707.269.1777
'� �► En�r yAuthori info@redwoodenergy.org
• � � www.RedwoodEnergy.org
A�achm::nt # � .^
1 CITY OF UKIAH PLANNING COMMISSION
2 July 28, 2010
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair Linda Sanders
7 Anne Molgaard, Vice Chair
8 Linda Helland
9 Mike Whetzel
10
11 STAFF PRESENT OTHERS PRESENT
12 Kim Jordan, Senior Planner Listed below, Respectively
13 Jennifer Faso, Associate Planner
14 Cathy Elawadly, Recording Secretary
15
16 1. CALL TO ORDER
17 The regular meeting of the City of Ukiah Planning Commission was called to order by
18 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
19 Ukiah, California.
20
21 2. ROLL CALL
22
23 3. PLEDGE OF ALLEGIANCE -Everyone cited.
24
25 4. SITE VISIT VERIFICATION -Site verification was confirmed.
26
27 5. APPROVAL OF MINUTES—July 14, 2010
28 M/S Molgaard/Helland to approve July 14,2010 minutes as submitted. Motion carried(4-0).
29
30 6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS-None
31
32 7. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting,
33 the final day to appeal is August 9, 2010.
34
35 8. VERIFICATION OF NOTICE - Use Permit No. 10-11 was properly noticed in accordance with the
36 provisions of the UMC.
37
38 9. PUBLIC NOTICE
39 9A. Curious Minds Learning Center Use Permit No 10-11-UP-PC. Conduct a public hearing on
40 request from Tanyjasu Simms for approval of a child care center for 38 children to be located at
41 270 North Pine Street, APN 002-214-07.
42
43 Staff presented a staff report.
44
45 Tanyjsau Simms, applicant provided a brief overview of the proposed child care center and welcomed
46 questions from the Commission.
47
48 PUBLIC HEARING OPENED: 6:11 p.m.
49
50 Commission:
51 Q1. Does the applicant intend to complete a circulation plan for the parking lot? Has
52 consideration be given about one-way circulation through the parking lot with egress via
53 Smith Street and ingress via Standley Street or vice versa depending upon the direction a
54 particular person is coming from.
55 Q2. Will the clientele be notified about circulation in the parking lot?
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 1
1 Q3. Will there be a designated drop-off area?Concerned was expressed that cars could be
2 left idling creating potential pollution and noise impacts to the neighborhood.
3 Q4. Referred to page 11, draft Conditions of Approval No. 2, line 19, Once a month Parent
4 Education meeting, and inquired whether this condition should state 'twice' a month
5 parent meeting.
6 Q5. Is caring for 38 children that will occupy three of the existing classrooms the maximum
7 allowed?
8
9 Tanyjsau Simms:
10 Q1. Preference would be one-way traffic through the parking lot with the entrance to the
11 center via Standley Street and exit via Smith Street.
12 Q2. Confirm the clientele for the facility will be notified.
13 Q3. Clients will enter the facility at the southern-most door. Every client must sign in and sign
14 out, as required by law. Additionally, parents will be notified prior to enrollment that the
15 operational policy for the facility requests other children that will not be attending the
16 facility must also come in while the parents are signing in their child/children. Parents are
17 asked to park their cars prior to entering the building as opposed to leaving them to idle.
18 It will likely take less than 10 minutes to sign in a child.
19 Q4. Conducting a parent education meeting once a month should be sufficient.
20 Q5. To comply with State Title 22 licensing requirements, the maximum number of children
21 allowed is based on square footage.
22
23 Commission:
24 • Recommends for safety reasons, the project be conditioned with the entrance on
25 Standley Street and the exit on Smith Street.
26 • Recommends a sign with an arrow be posted at the driveway entrance or painted on the
27 ground to effectively advise the clientele of the one-way circulation plan for the parking
28 lot.
29 • Playground noise should not be problematic in this neighborhood.
30 • One particular daycare facility in a church located in a residential area was cited as an
31 example of a facility that did not work well because of noise and other nuisance impacts
32 that occurred to the neighborhood particularly during the early morning hours.
33 • The proposed project is in a good location and its operation should not impact the
34 neighborhood.
35 • Supports conditioning the project that parent education meetings can be held twice a
36 month if necessary for flexibility purposes.
37
38 PUBLIC HEARING CLOSED: 6:20 p.m.
39
40 Commission preference:
41 • Stipulate the circulation in the parking lot for the child care use by conditioning the project
42 to require a small sign be posted indicating entrance to the facility would be from
43 Standley Street and exit would be onto Smith Street.
44
45 PUBLIC HEARING Re-OPENED: 6:22 p.m.
46
47 Paul C. Holden, Representative of the Church: Addressed circulation in the parking lot and the
48 Commission's preference to have one-way directional flow of traffic in the parking lot for the day care
49 center use. There have been other day care facilities that operated in the Church facility over the years
50 and parking was never an issue. Clientele typically entered the parking lot from Standley Street and
51 exited onto Smith Street.
52
53 PUBLIC HEARING CLOSED: 6:25 p.m.
54
55 PUBLIC HEARING RE-OPENED: 6:26 p.m.
MINUTES OF THE PLANNING COMMISSION July 28,2010
Page 2
1
2 Don Larson: Likes to park his car on the street as opposed to a parking lot. He suggests the clientele
3 with this preference park on Bush Street.
4
5 Chair Pruden: Public parking is available on Bush Street, but parking on the street for the clientele would
6 be problematic when dropping off and picking up children.
7
8 PUBLIC HEARING CLOSED: 6:34 p.m.
9
10 Staff: Recommends adding conditions 'From the Planning Commission' to address signage to the
11 entrance of the parking lot and potential noise and air quality impacts from idling vehicles and modify
12 Condition of Approval No. 2 pertinent to hours of operation as it pertains to the number of monthly
13 meetings.
14
15 Commissioner Molgaard: Asked about the likelihood of painting a crosswalk at one or both of the
16 intersections at Bush Street and Standley Street or Bush Street and Smith Street to access the facility
17 from Bush Street.
18
19 It was noted this type of request must be reviewed by the City Traffic Engineering Committee.
20
21 Commissioner Helland: Advised the pedestrian always has the right-of-way in California at intersections
22 even if they are unmarked.
23
24 Commission consensus:
25 • Likes the project and the location.
26 • Modify Condition of Approval No. 2-Parent Education Meeting to allow two(2)
27 Parent Education Meeting, 6:00 p.m.to 8:00 p.m.
28 • Add Condition to require a directional sign/arrow at the parking lot entrance on Standley
29 Street to create one-way traffic circulation with exit on Smith Street.
30 • Add Condition to prohibit idling of cars; Clients must park and sign in child/children.
31
32 M/S Molgaard/Helland to approve Major Use Permit 10-11-UP-PC for Curious Minds Leaming Center
33 with Findings 1-8 and Conditions of Approval 1-18 with the changes/additions to the conditions as
34 referenced and discussed above. Motion carried. (4-0).
35
36 USE PERMIT FINDINGS TO ALLOW
37 THE OPERATION OF A CHILD CARE CENTER
38 AT 270 NORTH PINE STREET,APN 002-214-07
39 FILE NO: 10-11-UP-PC
40
41 The following findings are supported by and based on information contained in this staff report, the
42 application materials and documentation, and the public record.
43
44 1. The proposed project, as conditioned, is consistent with the goals and policies of the General
45 Plan as described in the staff report.
46
47 2. The proposed project, as conditioned and with an approved Use Permit pursuant to Zoning
48 Ordinance Section 9262 and per Section 9198 (E)(1) off- street parking requirements, is
49 consistent with the Zoning Ordinance as described in the staff report.
50
51 3. The proposed project is compatible with the surrounding neighborhood in regards to parking in
52 that:
53
54 A. The project site has a paved on site parking lot that contains nineteen (19) parking spaces.
55 Seven (7) parking spaces are required and eight (8) spaces have been designated by the
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 3
1 Church specifically for this use. Therefore the impact to the neighborhood in terms of on —
2 street parking will be minimal.
3
4 B. The proposed project will not conflict in terms of operating days and hour with other activities
5 scheduled at the church therefore there will be ample parking on site.
6
7 C. The child care center will be licensed for 38 children the nature of a child care center is that
8 not all of the children are dropped off at the same time resulting in staggered parking needs
9 throughout the day. Therefore the 8 designated parking spaces will be sufficient.
10
11 4. The proposed project is compatible with surrounding neighborhood in regards to traffic in that:
12
13 A. Given that the operation of the child care center will not conflict in terms of days and hours
14 with other church functions the adjacent neighborhood will not experience an increase in
15 traffic.
16
17 B. The child care center will be licensed for 38 children, the nature of a child care center is that
18 not all of the children are dropped off or picked up at the same time. Therefore there will not
19 be an dramatic increase in traffic to the neighborhood.
20
21 C. Given that the project site is located in a transition area, surrounded by both residential and
22 commercial uses, the child care center will be available to residents and working families in
23 the neighborhood who can walk to the center. Furthermore the center is located in close
24 proximity to public transit.
25
26 5. The proposed project is compatible with the surrounding neighborhood in regards to noise in that
27 .
28
29 A. The proposed use will be held to the City standard noise requirements as defined in the City
30 Municipal Code therefore the adjacent neighborhood will not be impacted with increased
31 noise levels.
32
33 B. The surrounding neighborhood is a mix of residential and commercial uses. Based on the
34 performance of past child care facilities at this location and the fact that there have not been
35 complaints from the neighbors in the past therefore the proposed use is compatible with the
36 neighborhood.
37
38 6. The proposed project will not be detrimental to the public's health, safety and general welfare in
39 that:
40
41 A. The project has been reviewed by the Fire Marshal, Police Department, Building O�cial,
42 Public Works and comments received have been included as conditions of approval.
43
44 B. The Child Care Facility will be licensed by the State of California through the Community
45 Care Licensing Board.
46
47 C. The project is required to comply with all federal, state and local laws. The applicant has
48 provided information as to compliance with applicable requirements.
49
50 D. Based on findings 3, 4, and 5 above.
51
52
53 7. The proposed project is exempt from the provisions of the Califomia Environmental Quality Act
54 (CEQA) pursuant to Section 15303 (c), New Construction and Conversion of Small Structures,
55 which allows structures up to 10,000 square feet in urbanized areas when the use does not
56 involve significant amounts of hazardous materials, where all necessary public services and
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 4
1 facilities are available, and the surrounding area is not environmentally sensitive based on the
2 following:
3
4 A. The proposed project includes 1,516 square feet of classroom area.
5
6 B. The Child Care Center use does not involve the use of hazardous materials.
7
8 C. The project site is located in an area where all public services and facilities area
9 available.
10
11 D. The project is not located within an environmentally sensitive area in that the site is
12 located in a developed urban area. The site is developed with buildings, parking lot,
13 landscaping and a play yard. No water courses, wildlife, wildlife habitat,floodway or flood
14 plain or other environmentally sensitive areas are present.
15
16 E. The proposed project will not conflict in terms of operating days and hours with other
17 activities scheduled at the church site therefore the on-site parking shall be sufficient and
18 not impact the neighborhood. Furthermore the drop-off and pick-up times will be
19 staggered throughout the day resulting in less impact on the neighborhood.
20
21 F. Given that the operation of the child care center will not conflict in terms of days and
22 hours with other church functions the adjacent neighborhood will not be adversely
23 impacted by increased traffic.
24
25 G. The proposed use will be held to the City Standard Noise requirements as defined in the
26 City Municipal Code therefore the adjacent neighborhood will not be impacted with
27 increased noise levels.
28
29 8. Notice of the proposed project was provided in the following manner as required by the Zoning
30 Ordinance:
31
32 A. Posted in three places on the project site on July 16, 2010;
33 B. Mailed to property owners within 300 feet of the project site on July 16, 2010; and
34 C. Published in the Ukiah Daily Journal on July 18, 2010.
35
36 USE PERMIT CONDITIONS OF APPROVAL TO ALLOW
37 THE OPERATION OF A CHILD CARE CENTER
38 AT 270 NORTH PINE STREET,APN 002-214-07
39 FILE NO: 10-11-UP-PC
40
41 1. Approval is granted for the operation of a Child Care Center as described in the project
42 descriptions submitted to the Community Development and Planning Department and date
43 stamped June 7, 2010 except as modified by the following conditions of approval.
44
45 2. This Use Permit is granted subject to the following hours of operation:
46
47 ■ Monday through Friday 7:30 AM to 5:30 PM
48
49 ■ Twice a month Parent Education Meeting 6:00 PM to 8:00 PM
50
51 The parent education meetings shall not be scheduled at a time and day that conflict with other
52 scheduled events at the Church
53
54 3. The Child Care Center is limited to a maximum of 38 children.
55
MINUTE5 OF THE PLANNING COMMISSION July 28, 2010
Page 5
1 4. Plans submitted for building permit shall include a site plan that shows the location of and the
2 accurate number of parking stalls on the site.
3
4 5. A copy of the revised site plan submitted with the building permit shall be submitted to the
5 Planning Department for inclusion on the Use Permit File.
6
7 6. The drop-off and pick-up times for the children shall be staggered as noted in the project
8 description submitted by the applicant.
9
10 7. Noise generated from the child care center and outside play yard shall not exceed the established
11 noise standards as defined by the City's Municipal Code. Outside play time will be limited to a
12 total of three hours per day.
13
14 8. All signs on the project site shall conform to the regulations of City's Sign Ordinance Section 3227
15 (C)and are subject to sign permit approval.
16
17 From the Planninq Commission
18
19
20 9. Plans submitted for building permit (Change of Occupancy) shall include the following and
21 are subject to stafF review and approval:
22
23 A. A directional sign shall be installed at the Standley Street entrance to indicate that the clients
24 of the child care center shall enter the parking lot via Standley Street and exit onto Smith
25 Street.
26
27 10. The child care center handbook distributed to new clients shall be revised to include the following:
28
29 A. Clients of the child care facility shall park and turn off their vehicles when dropping off or
30 picking up children.There shall be no idling of cars in the parking lot.
31 B. Clients are required to enter the parking lot via Standley Street and exit onto Smith
32 Street.
33
34 From the Fire Marshal (Chuck Yatesl
35
36 11. As required by the Fire Code a fire alarm system shall be installed in the classrooms and
37 hallways leading to and around the classrooms.
38
39 From the Buildinq Official( David Willou4hbv)
40
41 12. A building permit is required for the change of occupancy to a day care center for 38 children and
42 8 administrator/teachers (a group E occupancy).
43
44 Standard Citv Conditions of Approval
45
46 13. Business operations shall not commence until all permits required for the approved use, including
47 but not limited to business license, tenant improvement building permit, have been applied for
48 and issued/finaled.
49
50 14. No permit or entitlement shall be deemed effective unless and until all fees and charges
51 applicable to this application and these conditions of approval have been paid in full.
52
53 15. The property owner shall obtain and maintain any permit or approval required by law, regulation,
54 specification or ordinance of the Ciry of Ukiah and other Local, State, or Federal agencies as
55 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
MINUTES OF THE PLANNING COMMISSION July 28,2010
Page 6
1 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
2 and issued.
3
4 16. A copy of all conditions of this Use Permit shall be provided to and be binding upon any
5 future purchaser,tenant, or other party of interest.
6
7 17. All conditions of approval that do not contain specific completion periods shall be completed prior
8 to building permit final.
9
10 18. This Use Permit may be revoked through the City's revocation process if the approved project
11 related to this Permit is not being conducted in compliance with these stipulations and conditions
12 of approval; or if the project is not established within two years of the effective date of this
13 approval; or if the established use for which the permit was granted has ceased or has been
14 suspended for 24 consecutive months.
15
16 19. This approval is contingent upon agreement of the applicant and property owner and their
17 agents, successors and heirs to defend, indemnify, release and hold harmless the City, its
18 agents, officers, attorneys, employees, boards and commissions from any claim, action or
19 proceeding brought against any of the foregoing individuals or entities, the purpose of which is to
20 attack, set aside, void or annul the approval of this application. This indemnification shall include,
21 but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be
22 asserted by any person or entity, including the applicant, arising out of or in connection with the
23 City's action on this application, whether or not there is concurrent passive or active negligence
24 on the part of the City. If, for any reason any portion of this indemnification agreement is held to
25 be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement
26 shall remain in full force and effect.
27
28 10. UNFINISHED BUSINESS
29 10A. Downtown Zoning Code Workshop. Review and discussion of revised Table 4: Allowed Uses
30 and Permit Requirements and revised Section 13. Glossary
31
32 Staff: Requested the Commission continue discussion and review of Table 4:Allowed Uses and Permit
33 Requirements, particularly as the uses relate to the DC zone and Section 13. Glossary.
34
35 Eauipment Rental
36
37 Commission consensus: Refer to Glossary;
38 GU 8 UC=A(4a); Allowed; Major Use Permit for more than 5,000 square feet or 100 lineal feet
39 DC= Prohibit
40
41 Vehicle services—Minor maintenance/repair
42
43 Commission:
44 • Examples of uses: Car detailing, Quick lube
45
46 Commission consensus:
47 GU 8 UC = MIUP; Minor Use Permit regardless of size
48 DC= Prohibit
49
50 StoraQe—personal stora4e facilitv
51 Commission:
52 • Personal in-door/interior storage use may be appropriate in the DZC district.
53 • Not supportive of interior storage use in the DC zone.
54 • Most people are familiar with mini-storage facilities that are placed on land because they are a
55 relatively inexpensive investment and have a pretty good monetary return.
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 7
1 • Questioned whether a property owner would go to the expense of having personal storage uses
2 in buildings when there are relatively inexpensive mini-storage units available on the perimeter
3 areas.
4
5 Chair Pruden: There are some very attractive personal storage facilities in the downtown area for cities.
6 If designed correctly to be inconspicuous, such uses can look like a regular building.
7
8 Staff: This type of use is not pedestrian oriented and there are design issues which may not be
9 consistent with the purpose of this Code or appropriate for the Downtown or on a City gateway. Familiar
10 with one mini-familiar with storefronts on the ground floor with the mini-storage behind the shopfront and
11 on upper floors. The mini-storage units on the upper floor had elevator access.
12
13 Commission: Would an indoor storage use considered 'ancillary' be allowed where the primary function,
14 for instance, was a retail component?
15
16 Staff: From staff's perspective, the bigger issue is the affect on the streetscape.The facility would either
17 have to be located behind the storefront or located above allowing for what is necessary on the ground
18 floor. The storage use would most likely be a second 'primary' use.
19
20 Commission: Preference—personal storage buildings with street frontage.
21
22 Staff: This depends upon what the Planning Commission recommends as a use for a building, which
23 could include an indoor storage use on the second story or behind a shopfront. of building. In this way the
24 streetscape would be maintained.
25
26 Commission consensus:
27 GU = MIUP (8), Minor UP; Allowed without a Use Permit when located behind a shopfront or above the
28 ground floor. with an allowed use on floors above the ground floor.
29 UC 8 DC = Prohibit
30
31 Homeless Facilitv—small 8�larqe
32
33 Staff: Discussed these uses with the Planning Director related to the Housing Element. The Planning
34 Director indicated that HCD has reviewed the Draft Housing Element and at this time the approach to this
35 type of facility would be to allow them in the C-2 zoning district and there is adequate vacant and
36 underutilized land with this zoning to accommodate additional facilities if needed. If the Commission
37 prefers to prohibit these facilities in all DZC zones this would be consistent with the Draft Housing
38 Element.
39
40 Commission: General discussion about possible sites available for a homeless shelter in the Orchard
41 Avenue area.
42
43 Commission consensus:
44 No change to GU zone= MAUP(2)(SDP would likely be required)
45 UC 8�DC =Prohibit
46
47 Commission:
48 • Okay with the additions to Table 4 Allowed Uses and Permit Requirements and definitions for
49 smoke shop,tasting room, equipment rental, vehicle services—minor&major.
50 • Okay with staff revised definitions for adult entertainment business, electric vehicle charging
51 station, pet services, pet store, and restaurant—formula fast food.
52
53 Commission noted the DZC boundaries can be revisited when the DZC Map is reviewed.
54
55 (Residentiall Dwellin4—condominium,duulex, multiple household
56
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 8
1 Commission: Discussed whether to add condition/restriction No. 8 or prohibit these uses in the DC zone.
2 There was concern how a mixed-use with a residential component would be considered?
3
4 Staff: Stated the 'Residential in a mixed-use building' use category clarifies any confusion and this
5 category is currently classified A(8) for all zones. Footnote #8 requires that the residential portion of the
6 building be located above the ground floor. This requires different use(s) on the ground floor, such as
7 retail, restaurant, o�ce.
8
9 Commission: Discussed 'residential'in a mixed-use building with an A(8)condition/restriction.
10
11 Staff: The concern is not whether there is one unit that takes up the entire floor or 10 units that are
12 condominiums, but rather that the building is residential with another type of use.
13
14 Chair Pruden: Stated the intent is to allow and encourage residential in a mixed-use building. There are
15 some long and narrow buildings in the Downtown. In the past, people typically lived behind their shops.
16 There are some buildings where an apartment could be constructed behind a shop and cited the Joseph
17 Jewelry building on S. State Street as a former example.
18
19 Staff: This type of scenario could be viewed upon as a live/work situation or 'residential' in a mixed-use
20 building where this use category states the unit must be above the ground floor or behind the storefront.
21
22 Commission Consensus:
23 GU 8�UC =Allowed; No change
24 DC= Prohibit
25
26 Commission Recommend: Modify footnote 8 to read Allowed on floors above the ground floor or
27 behind a street fronting use. Major Use Permit required to allow on the ground floor.
28
29 It was noted a building behind a storefront must meet all Fire Code standards.
30
31 It was further noted a definition is necessary for'Residential in a Mixed-Use Building.'
32
33 Bed and breakfast—5 rooms or fewer, more than 5 rooms
34 Hotel, motel—5 rooms or fewer. more than 5 rooms
35 There was Commission discussion about the use possibilities for the Palace Hotel.
36
37 There was further discussed about allowing by right bed and breakfast in the DZC in terms of size.
38 Footnote No. 3 states, 'Any use(s) that exceed gross square feet of floor area or 100 lineal feet on the
39 ground floor frontage when located on a Required Storefront Frontage on the Zoning Map requires
40 approval of a MIUP. Footnote 4 states, 'Any uses(s)that exceed 15,000 gross square feet of floor area on
41 the ground floor requires approval of a Major Use Permit.
42
43 Staff:
44 • If there are not impacts that need to be addressed through a use permit, a use permit should not
45 be required. The use has to comply with the standards in the Code, including parking. If the
46 Planning Commission wants to see these uses to determine if the use is appropriate for the site
47 or address potential impacts, then a use permit should be required whether the use is bed and
48 breakfast, hotel, motel.
49 • As written, the Commission would see this use based on the number of rooms and not the square
50 footage of the facility.
51
52 Commission: Agreed that a MAUP would be appropriate for bed and breakfast, hotel, motel with more
53 than 5 rooms in all zones and allowed in all zones for these same uses 5 rooms or fewer.
54
55 Commission consensus:
56 No changes were made to the original discussion.
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 9
1
2 Church, chapel, reliqious assemblv and instruction
3
4 Commission:
5 • Discussion about storefront churches that exist in Ukiah.
6 • Many of these uses are only Sunday operations. Would this one day-a-week use be feasible in
7 the Downtown?
8 • There was further Commission discussion whether or not to allow such uses in the DC.
9
10 Commission Consensus:
11 GU = MIUP; No change
12 UC=A(3); No change
13 DC= Prohibit
14
15 Laundromat
16
17 Commission consensus:
18 GU =A(4a); No change
19 UC=A(4a); No change
20 DC =Prohibit
21
22 Second hand store.thrift store, pawn shoa
23
24 Commission: Discussed this use category and discussed whether to restrict or prohibit in the DC zone.
25 Referred to Glossary for second hand, thrift store and was of the opinion a pawn shop should be viewed
26 as a separate use.
27
28 Staff:
29 • An antique shop is a retail/commercial use.
30 • Recommended adding 'pawn shop'to the Personal services—restricted use category.
31
32 Commission consensus:
33 • Delete pawn shop from the definition of 'second hand store, thrift store' and from this use
34 category in Table 4A
35 • Add pawn shop to the examples included in definition of'personal services restricted'
36
37 Business services
38
39 Commission:
40 • Refer to Glossary, which states, 'See Section 9278 Definitions (reference is to current zoning
41 code).
42 • Not a Downtown use.
43
44 Commission consensus:
45 • GU& UC=MIUP;Always requires a Minor Use Permit regardless of size
46 • DC=Prohibit
47
48 Transportation service.transportation terminal
49
50 Commission consensus:
51 No change.
52
53 Parkinq lot
54
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 10
1 Staff: Existing parking lots can remain. Would the Commission want to see any more new parking lots in
2 the DC zone even with a major use permit?This use pertains to surface parking, is a standalone use and
3 pertains to a parcel just being used as a parking lot.
4
5 Commission consensus:
6 GU &UC = MAUP, no change
7 DC= Prohibit
8
9 11. PLANNING COMMISSIONER'S REPORT
10 Staff/Commission discussion about the next step in the procedural review of the DCZ document.
11
12 12. ADJOURNMENT
13 There being no further business, the meeting adjourned at 8:13 p.m.
14
15
16 Judy Pruden, Chair
17
18 Cathy Elawadly, Recording Secretary
19
20
21
22
23
MINUTES OF THE PLANNING COMMISSION July 28, 2010
Page 11
� �,,�=c�chm:r.�:�t # _�_
Michelle Johnson
From: Sean Kaeser
Sent: Wednesday, March 16, 2016 1:14 PM
To: Michelle Johnson
Subject: FW:The Sandbox
Michelle,
I am fine with this plan although I am aware that in the past there has been unauthorized access into the school building
via the interior church doors that connect. In these events it was clients who were being provided services from the
church that had been able to enter the school via these unsecured interior doors. Nancy was also aware of this and one
of the reasons she made the suggestion to secure these interior doors. Due to fire code Im not sure this can be
corrected. But as I said in the past we have responded to this location due to subjects remaining in the building after
closing or being found inside the classrooms during business hours.
Sean
From: Nancy Sawyer
Sent: Wednesday, March 16, 2016 7:51 AM
To: Michelle]ohnson
Cc: Sean Kaeser
Subject: FW: The Sandbox
Michelle:
Please see below e-mail from the Director of The Sandbox at 270 N. Pine St. Per her e-mail it appears they have a plan
for their south entrance. If planning is comfortable with their proposal and feels it works on a safety level,then go with
their idea. There will be some re-training of the clients who normally use the south door. If the Church and the school
think they have a workable solution, it does not sound like it should be a problem? Please confirm with Lt. Kaeser as to
his agreement or disagreement with the proposed plan.
If you have any questions or comments, please advise.
Thanks,
Nnttcy Sazni/er, ICPS
Community Service Off+cer-#C11,
eusiness Liaiso�&Volunteer Coordinator
Ukiah Police Department
300 Seminary Ave., Ukiah, CA 95482
Phone(707)467-5708,Fax(707)462-6068
nse wver@ citvofukiah.com
, ,
Ukioh Poliae De�arhment
�
Michelle Johnson
From: Nancy Sawyer
Sent: Wednesday, March 16, 2016 7:51 AM
To: Michelle Johnson
Cc: Sean Kaeser
Subject: FW:The Sandbox
Michelle:
Please see below e-mail from the Director of The Sandbox at 270 N. Pine St. Per her e-mail it appears they have a plan
for their south entrance. If planning is comfortable with their proposal and feels it works on a safety level,then go with
their idea. There will be some re-training of the clients who normally use the south door. If the Church and the school
think they have a workable solution, it does not sound like it should be a problem? Please confirm with Lt. Kaeser as to
his agreement or disagreement with the proposed plan.
If you have any questions or comments, please advise.
Thanks,
Nn�ic��SRZnyei�, ICPS
Community5ervice Officer•#C11,
Business Liaison&Volunteer Coordinator
Ukiah Police Department
300 Seminary Ave., Ukiah, CA 95482
Phone(707)467-5708, Fax(707J 462-6068
nsa wver@ cityofukiah.com
�
Ukiah Pofice Department
From: Debra Ponton [mailto:qontondebra@�mail.coml
Sent: Friday, March 11, 201612:51 PM
To: Nancy Sawyer
Subject:The Sandbox
Hi Nancy,.
Sorry I missed your visit the other day at Tlze Sandbox. I have been sick.
Anyways, Cheryl are Americorp VISTA volunteer let me tcnow you stopped by. She showed me the
recomendations list and I appreciate the ideas you came up with. The entrance and exit has been discussed at
length and we have a very specific plan that ONLY the Childcare families will use the Southwest entrance.
ALL others will use the Northwest Entrance. We will be putting signs up to help so that it will be quite
clear. The church is also considering putting in a push button entry system for the Northwest door that will
limit entrance to only those with the code. I wish I could have been hear to let you icnow of this detailed plan.
1
From: Debra Ponton [mailto:pontondebra@�mail.coml
Sent: Friday, March 11, 2016 12:51 PM
To: Nancy Sawyer
Subject:The Sandbox
Hi Nancy,.
Sorry I missed your visit the other day at The Sandbox. I have been sick.
Anyways, Cheryl are Americorp VISTA volunteer let me know you stopped by. She showed me the
recomendations list and I appreciate the ideas you came up with. The entrance and exit has been discussed at
length and we have a very specific plan that ONLY the Childcare families will use the Southwest entrance.
ALL others will use the Northwest Entrance. We will be putting signs up to help so that it will be quite
clear. The church is also considering putting in a push button entry system for the Northwest door that will
limit entrance to only those with the code. I wish I could have been hear to let you know of this detailed plan.
If you have any other questions or concerns, please feel free to call me at 621-4616.
Regards,
Debra
P.S. Are you Charley's Mom?
z
ITEM NO. 10A
Community Development and Planning Department
300 Seminary Avenue
Ukiah, CA 95482
plannin�@cityofukiah.com
----.���-,-----� (707)463-6203
DATE: May 11, 2016
TO: Planning Commission
FROM: Michelle Johnson, Assistant Planner
SUBJECT: Request by the City of Ukiah for revisions to the City Code amending the
maximum fence height from six feet to seven feet in all zoning districts; and
amending the parking lot tree shading requirement from 10 years to 15 years
applicable in the R-2, R-3, C-N, C-1, C-2, P-D, P-F.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the proposed ordinance
to the city council. The ordinance would amend the Ukiah City Code to allow fence heights to
be 7-feet rather than a maximum of 6-feet, and require parking lots to be shaded in 15 years
rather than 10 years.
GENERAL PLAN
The proposed revisions to the shade tree requirement are consistent with the Goals and
Policies found in the vision statement of the General Plan that reads; "We envision
development that complements rather than compromises the natural beauty of this valley. We
envision pleasant places for people to come together, beautiful public spaces, streets with
greenery and good design, and downtown plaza. We envision outdoor recreational
development, including trees and shady spaces for people to enjoy." The recommended
shade revision changes the shade requirement by making it easier to achieve and it promotes
new tree planting that adds beauty, design and shade to public spaces making these spaces
more inviting and enjoyable for all of the community. The revisions to the fence height
requirement are consistent with Goal GP-4: Establish specific criteria for project approval and
provide better explanation and clarification of the permitting process.
PROJECT DESCRIPTION
A. Changing the maximum fence height in the R-1 zone from 6-feet to 7-feet.
1
Section 9178 (B) Fences and hedges and other screen planting, may be erected in any
district, subject to the following conditions:
1. Subject to the provisions of paragraphs 2 and 3 of this subsection, no fence shall
be constructed exceeding seven feet (7') in height, and no hedge or other screen
planting shall be grown or permitted to grow, exceeding six feet (6') in height
measured from the original grade on the lot.
2. No fence shall be constructed and no hedge or other screen planting shall be
grown or permitted to grow, exceeding three feet in height measured from the
original grade on the lot, in any required front yard or to the front of any front
setback line.
3. Fences exceeding seven feet (7') in height to enclose commercial or industrial
uses, or tennis courts, swimming pools, or similar areas, may be erected subject
to the obtaining of a use permit therefor. (Ord. 793, §2, adopted 1982)
B. Changing the parking lot tree shading requirement from 10 years to 15 years.
Section 9016 (A & B) Applies to the following zoning districts: R-2, R-3, C-N, C-1, C-2, P-
D, P-F:
Parking lots with twelve (12) or more parking stalls shall have a tree placed between
every four (4) parking stalls within a continuous linear planting strip, rather than
individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be
deciduous species, and shall be designed to provide tree canopy coverage of fifty
percent (50%) over all paved areas within fifteen (15J years of planting. Based upon the
design of the parking lot, a reduced number of trees may be approved through the
discretionary review process.
BACKGROUND/ANALYSIS
A. The above proposed to change to the zoning code regarding fence height is because
vertical fence boards are often pre-cut to 6-foot lengths and the boards are raised off
the ground a few inches, the typical wood fence installation exceeds 6 feet and was
previously not exempt from the Building & Planning permitting requirement of the
code. In addition; some code users have experienced difficulty in accurately measuring
fence height because of irregularities in the ground surface. The intent in raising the
height from 6 feet to 7 feet for permit exemption is to avoid difficulty in making this
determination. The thought is that most fences will be only a few inches higher than 6
feet and well below a height of 7 feet, making the determination of whether a permit is
2
required readily apparent. Additionally the building code was recently changed to allow
7-feet rather than a maximum of 6-feet.
B. The reason for the proposed code amendment change is that the expected canopy
cover of 50% in a ten (10) year period is basically impossible. This was discovered by
authors of technical tree shading studies during the Walmart Expansion and Costco
projects. The fifteen (15) year coverage is consistent with City of Davis's current
requirement; and was used in the evaluation of the Walmart Expansion and Costco
Projects, and has been "accepted" by the Planning Commission and City Council. This
proposed amendment codifies this "acceptance".
ENVIRONMENTAL REVIEW
A. The proposed changes to the shade requirement are exempt from the environmental
review according to Section 15061 (b)(3) of the California Environmental Quality Act
(CEQA) Guidelines because CEQA applies only to projects which have the potential for
causing a significant effect on the environment; where it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the environment,
the activity is not subject to CEQA. In this case the modification is still considered a
benefit to the environment because it still mandates the shading of parking lots. In the
case of the change to the fence height, one additional foot of height is inconsequential
in terms of physical impacts on the environment.
PUBLIC NOTICE
A notice of public hearing was provided in the following manner:
■ posted in three places on the project site on April , 2016.;
■ mailed to property owners within 300 feet of the project site on April , 2016; and
■ published in the Ukiah Daily Journal on April , 2016.
As of the writing of this staff report, no correspondence has been received in regards to the
public notice.
Attachments
1. Ordinance
3
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9, CHAPTER 2, ARTICLE 3, SECTION
9016(A), AND ARTICLE 16, SECTION 9178(B) RELATED TO
FENCE HEIGHT; ARTICLE 4, SECTION 9037(B)(1)(E), ARTICLE 5,
SECTION 9052(B)(1)(E), ARTICLE 6, SECTION 9068(D)(1)(E),
ARTICLE 7, SECTION 9087(D)(1)(E), ARTICLE 8, SECTION 9101
(D)(1)(E), AND ARTICLE 15, SECTION 9170.7(E)(5) RELATED TO
TREE SHADING REQUIREMENTS.
The City Council finds and declares as follows:
SECTION ONE
1. Letter"A" in Section 9016, Division 9, Chapter 2, Article 3 of the Ukiah City Code is
amended as follows:
A. Fences shall be limited to a maximum height of°��f��seven feet (7').
Fences exceeding °��f�� seven feet (7') in height may be erected subject to
the securing of a use permit.
2. Letter"B" in Section 9178, Division 9, Chapter 2, Article 16 of the Ukiah City Code is
amended as follows:
B. Fences and hedges and other screen planting, may be erected in any district,
subject to the following conditions:
1. Subject to the provisions of paragraphs 2 and 3 of this subsection, no fence
shall be constructed, and no hedge or other screen planting shall be grown or
permitted to grow, exceeding c�� f�� seven feet (7') in height measured
from the original grade on the lot.
2. No fence shall be constructed and no hedge or other screen planting
shall be grown or permitted to grow, exceeding three feet in height
measured from the original grade on the lot, in any required front yard or
to the front of any front setback line.
3. Fences exceeding °��f��seven feet (7') in height to enclose commercial
or industrial uses, or tennis courts, swimming pools, or similar areas, may be
erected subject to the obtaining of a use permit therefor.
3. Division 9, Chapter 2: Article 4, Section 9037(B)(1)(E); Article 5 Section 9052(B)(1)(E);
Article 6, Section 9068(D)(1)(E); Article 7; Section 9087(D)(1)(E); Article 8, Section 9101
(D)(1)(E); Article 15, Section 9170.7(E)(5) are amended to read as follows:
"Parking lots with twelve (12) or more parking stalls shall have a tree placed between
every four (4) parking stalls within a continuous linear planting strip rather than individual
planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous
species, and shall be designed to provide a tree canopy coverage of fifty percent (50%)
over all paved areas within +°� fifteen (15) years of planting. Based upon the
1
design of the parking lot, a reduced number of trees may be approved through the
discretionary review process."
SECTION THREE
1. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council of the City of Ukiah hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase thereof
irrespective of the fact that one or more sections, subsections, sentences, clauses or
phrases may be held invalid or unconstitutional.
2. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published
once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the
full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days
prior to its adoption and again within fifteen (15) days after its adoption.
3. Effective Date: The ordinance and shall become effective thirty (30) days after its
adoption.
Introduced by title only on by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2016 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Scalmanini, Mayor
ATTEST:
Kristine Lawler, City Clerk
2
ITEM NO. 9B
Community Development and Planning Department
300 Seminary Avenue
Ukiah, CA 95482
,�,,,,�.�,,,,�,� plannin�@cityofukiah.com
(707)463-6203
DATE: May 11, 2016
TO: Planning Commission
FROM: Kevin Thompson, Principal Planner
SUBJECT: Proposed text amendment to the Zoning Ordinance establishing development
and operating standards for the following uses: Community Gardens, Live
Entertainment, Outdoor Dining, Sidewalk Cafes, Specialty Food and Beverage
Sales with Tasting.
RECOMMENDATION
Staff recommends the Planning Commission review, conduct a public hearing and recommend
approval of the proposed ordinance amendment to the City Council.The amendment would
create new sections (§9173, §9173.1, §9173.2, §9173.3, §9173.4, §9173.5, §9173.6) to the
Ukiah City Code establishing development and operational standards for: Community Gardens,
Live Entertainment, Outdoor Dining, Sidewalk Cafes, Specialty Food and Beverage Sales with
Tasting.
BACKGROUND PURPOSE OF THE AMENDMENT
The proposed ordinance amendment will streamline the entitlement process for the subject
uses. This amendment furthers an entitlement streamlining initiative untaken by the Planning
Department at the direction of the City Council. The goal is to establish common sense
development and operating standards that if complied with, would eliminate the need for a
discretionary approval process. The development and operational standards proposed in this
Zoning Ordinance amendment are currently contained in the Downtown Zoning Code (Adopted
2012). This amendment would provide consistency between the Zoning Ordinance and the
Downtown Zoning Code.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
1
GENERAL PLAN
The proposed amendment is consistent with the Goals and Policies found in the Economic
Development Element of the General Plan that reads; "Support a Strong Local Economy" The
proposed development and operational standards will make it easier for these uses to be
established in Ukiah, while ensuring they fit in with existing neighborhoods by providing
operational standards. Establishing development and operational standards for these types of
projects will streamline the process and provide clarity for applicants wishing to establish these
uses. Simplifying the process will in turn help to support the local economy.
The following Table summarizes how the Zoning Ordinance would be amended with this
proposal, see Attachment 1 for full text of the amendments:
Use Current Zoning Regulations Proposed Amendment Summary of Proposed
Standards
Community Allowed in the Downtown Would be allowed by right in all Hours of operations
Gardens Zoning District. No provisions zoning districts provided the Design/fencing/structures
in Zoning Ordinance allowing proposed standards are met. Parking requirements
Community Gardens. Noise parameters
Live Requires Major Use Permit in Would be allowed by right in Hours of operations
Entertainment C-N,C-1 and C-2. C-N, C-1 and C-2 zoning districts Requires Management Plan
provided the proposed approved by Police and
standards are met. Planning Depts.
Use Permit may be required
for deviations of standards
Outdoor Allowed in the Downtown Would be allowed in C-N, C-1 Location of dinning
Dining Zoning District. No provisions and C-2 zoning districts the Hours of operation
in Zoning Ordinance to allow provided proposed standards Tables,chairs,signage
Outdoor Dining. are met. Maintenance
Sidewalk clearance
Sidewalk Cafes Allowed in the Downtown Would be allowed by right in C- Location of dinning
Zoning District. No provisions N, C-1 and C-2 zoning districts Hours of operation
in Zoning Ordinance to allow provided the proposed Tables,chairs,signage
Sidewalk Cafes. standards are met. Maintenance
Sidewalk clearance
Specialty Food Allowed in the Downtown Would be allowed in C-N, C-1, Hours of operation
and Beverage Zoning District. No provisions C-2 and PF zoning districts Live entertainment
Sales with in Zoning Ordinance to allow provided the proposed Outdoor seating
Tasting. Specialty Food and Beverage standards are met. Use Permit may be required
Sales. for deviations of standards
DEFINITIONS:
COMMUNITY GARDEN: An area of land managed and maintained by a group of individuals to
grow and harvest food crops and/or nonfood, ornamental crops, such as flowers primarily for
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
2
personal or group use, consumption or donation. Community gardens may be divided into
individual plots for cultivation by one or more individuals or may be farmed collectively by
members of the group and may include areas maintained and used by group members. May
also include occasional educational or promotional events related to garden activities.
LIVE ENTERTAINMENT: Any activity provided for pleasure, enjoyment, recreation, relaxation,
diversion or similar purpose by a person or persons that are physically present when the
activity is provided to a patron or group of patrons. Such entertainment may include music or
vocals, dance, disc jockey, comedy or magic. Live entertainment may be amplified or
nonamplified. Live entertainment does not include an occasional activity that: does not
constitute a performance; is not advertised to the public; or primarily provides ambience to the
facility.
OUTDOOR DINNING and SIDEWALK CAFES- No definition currently in the Zoning Code.
SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS: A retail beverage and/or food store
characterized by its small size, a limited number of high quality specialty food items and/or
beverages typically including premium wine and beer. This use may also include tastings of the
products sold on site.
ENVIRONMENTAL/ CEQA REVIEW:
Planning Department staff prepared an Initial Environmental Study (IS) in order to evaluate the
potential impacts that could result from the Zoning Ordinance amendments (see attachment 1).
The IS concluded the Zoning Ordinance amendments could not have a significant effect on the
environment and a Negative Declaration was prepared.
PUBLIC NOTICE
The Notice of Intent (NOI) to adopt a Negative Declaration and public notice for the Planning
Commission public hearing was made available in the following manner:
■ posted at the County Clerk on April 14, 2015;
■ published in the Ukiah Daily Journal on April 17, 2015;
■ posted at the Civic Center (glass case) on April 14, 2015;
■ posted on the City's Web site April 14, 2015.
The comment period for the NOI was April 18, 2015, through May 9, 2015. No comments were
received from outside agencies or citizens.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
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PUBLIC COMMENT
As of the writing of this staff report, no correspondence has been received in response to the
public notice.
FINDINGS
Pursuant to Zoning Ordinance Section 9265: Zoning Text Amendments, the City Council is
required to make findings supporting their action when advised to do so by the City Attorney.
Based on the direction provided by the Planning Commission, staff will draft findings if needed
prior to City Council review of the proposed amendments. Based on the above analysis, the
project is consistent with the City of Ukiah General Plan, the purposes of the Hillside Ordinance,
and the Ukiah Municipal Code.
ATTACH M ENTS
1. Initial Study Negative Declaration dated April 18, 2016
2. Proposed Draft Zoning Ordinance Amendment
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
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1
Initial Environmental Study
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Negative Declaration
Project Information:
Project Title: City of Ukiah Zoning Ordinance Amendments
Lead Agency: City of Ukiah, Planning and Community Development
Project Location: City-wide
Project Sponsor and Address: City of Ukiah, 300 Seminary Drive, Ukiah Ca. 95482
General Plan Designation: Because the project applies to all land in the City, it encompasses
multiple General Plan designations
Zoning: Because the project applies to all land in the City, it encompasses
multiple zoning designations
Assessor's Parcel No. N/A
Contact Person: Kevin Thompson, Principal Planner
Phone Number: (707)463-6207
Date Prepared: April 14, 2016
Public Review Period: April 18, 2016—May 9, 2016
Project Description
The project is to update/amendment the City of Ukiah Zoning Ordinance to provide specific site planning,development,
and/or operational standards for the following uses:
1. Community Gardens
2. Live Entertainment
3. Outdoor Dining
4. Sidewalk Cafes
5. Specialty Food and Beverage Sales with Tasting.
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Each one of the uses listed above are proposed to have specific standards that if inet,will be approved administratively.
Standards include:hours of operation,parking,noise,sidewalk clearances,signage,and maintenance standards among others.
The standards for each use are intended to mitigate any potentially adverse impacts associated with the specific use. The
following section includes the complete text from the proposed Zoning Ordinance amendments:
Article 15.6. STANDARDS FOR SPECIFIC LAND USES
§9173 PURPOSE
Article 15.6,section 9173 of this code provides site planning,development,and/or operational standards for certain land uses
that are allowed in certain zoning districts without discretionary review.The standards for each use are intended to mitigate
any potentially adverse impacts associated with the specific use.
§9173.1 APPLICABILITY
The land uses and activities included in section 91723 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 9173 of this code shall only be located in the zoning
districts indicted herein.
B. Development Standards:The standards for specific land uses included in section 9173 of this code are required and
supplement those included in the Ukiah City Code. In the event of any conflict between the requirements of section 9173 of this
code and those included elsewhere in the City Code,the requirements of section 9173 of this code shall control.
§9173.2 COMMUNITY GARDENS
Community gardens may be located in any zoning district provided they comply with the following standards and 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.
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2.Solid Fencing:Solid fencing(such as wood,masonry)is prohibited since this closes off the site to the public
realm,presents a solid unbroken surface which is not pedestrian-oriented,and reduces the size of the garden.
C. Herbicides and Pesticides:All pest and weed control shall be accomplished through organic means using the least toxic
methods available. If unsure how to combat pests,weeds,and diseases organically,contact the garden team leader or other
qualified professionals or organizations for guidance and resources.
D. Motorized Equipment:Use of motorized equipment(such as weed eaters,leaf blowers, rototillers)shall be limited to
weekdays from eight o'clock(8:00)A.M.to seven o'clock(7:00) P.M.and weekends and holidays recognized by the City of Ukiah
from ten o'clock(10:00)A.M.to five o'clock(5:00)P.M.
E. Noise:Compliance with the City of Ukiah noise ordinance is required,except as indicated in subsection D of this section,
Motorized Equipment,which may be more restrictive.
F. Parking:A minimum of one parking space along the street frontage of the community garden shall be provided.Vehicle use
by members of the community garden should be limited to taking supplies to and from the garden,rainy or poor weather,or a
disability. Users of the garden shall be encouraged to walk or bike to the site in order to reduce the need for parking and
parking impacts on neighboring uses.
G.Signs:Signs are limited to identification,informational,and directional signs in conformance with the City of Ukiah sign
ordinance requirements.
H.Structures—Accessory:The following accessory structures are allowed:tool sheds,greenhouses,cold-frames, hoop houses,
compost bins,rain barrel systems,picnic tables, benches, bike racks,garden art,and fences subject to the development
standards of the zoning district in which the community garden is located and the requirements of this section.Commercially
maintained portable bathrooms are allowed as accessory structures; provided,that they comply with accessibility standards
and comply with the development standards of the zoning district in which the community garden is located.
I.Water Use: Every effort shall be made to reduce water usage. Drip irrigation is required where feasible. Mulch and compost
shall be used in order to reduce the amount of water needed for garden plots.
J. Prohibitions:Smoking,drinking alcoholic beverages, using illegal drugs,and gambling are prohibited.Weapons,pets and
other animals(except service animals)are also prohibited.(Ord. 1139,§2(Exh.A,5.030),adopted 2012)
9173.3 LIVE ENTERTAINMENT
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Live entertainment uses may occur in the C-1,C-2,and P-F zoning districts provided they comply with the following standards
and requirements:
A. Live entertainment shall end at 11:00 p.m.
B. Live entertainment shall not violate the City of Ukiah noise ordinance
C. The number of people within a building where live entertainment is performing shall not exceed the occupancy
standards contained in the California Building Code or Ukiah City Code.
D. Businesses desiring to have live entertainment shall provide adequate security during and after live entertainment
events.
E. Parking shall generally comply with the Ukiah City Code,although on-street parking within commercial zoning districts
may be included in the number of parking spaces provided for the live entertainment
F. Any building proposed for live entertainment shall comply with all Fire Code requirements and shall be reviewed and
approved bythe Ukiah Fire Marshal.
B. Management Plan: Prior to the conduct of live entertainment,the property owner shall submit a Management Plan
addressing the items listed below. The Management Plan shall be submitted to the Director of Planning and Community
Development for review and action. The Director shall distribute the Plan to the Ukiah Police and Fire Departments for review.
The Management Plan shall,at a minimum,include the following:
1. Potential for loitering and how the business will preclude loitering.
2.Adequacy of lighting for security and safety purposes.
3. Adequacy of parking.
4.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.
5. 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.
6. Details regarding how security will be provided during and after live entertainment events.
7.Other information deemed necessary on a case-by-case basis.
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If the Management Plan is found acceptable by the Police and Fire Departments,as well as the Director of Planning and
Community Development,the Director shall make corresponding findings and approve it writing.
C. Relief from any of the standards or requirements may be sought through the Use Permit process. The Director of Planning
and Community Development shall determine whether or not a certain Use Permit is minor or Major. The determination shall
be based,in part on how much relief is being sought and the location of the proposed live entertainment and its potential to
disrupt the area.
§9173.4 OUTDOOR DINING
On-site outdoor dining may be allowed in the C-N,C-1 and C-2 zoning districts provided it is incidental to and part of the
operation of a restaurant located on the same parcel,and it complies with the standards and requirements listed below;
A. Purpose:The provisions of this section are intended to allow outdoor dining in association with a restaurant located on the
same parcel as the outdoor dining,where the outdoor dining is clearly incidental to the adjacent restaurant use and will not
negatively impact the operations and function of the existing restaurant,including parking facilities, pedestrian access and
circulation,and disabled access facilities.
B. Location of Outside Dining:Outdoor dining shall be located on the same site as the restaurant which the outdoor dining will
serve.Outdoor dining facilities,such as tables,chairs, umbrellas,etc.,shall not be located in pedestrian walkways,required
parking spaces,or disabled access facilities(such as parking spaces,walkways,entries,etc.).Outdoor dining areas may be
located in landscaped areas if located in such a manner as to not damage the landscaping.
C. Hours of Operation: Days and hours of operation for the outdoor dining shall not extend beyond the hours of operation for
the restaurant which it serves.Tables,chairs,and all other furniture used in the 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 9173.3 of this
code.
E.Tables,Chairs,Furniture,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.
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2.A minimum of sixty inches(60")of unobstructed space shall be maintained between exits and any furniture
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 used provided the music does not violate the City of Ukiah noise ordinance.
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 property and/or business owner are responsible for maintaining all outdoor dining furnishings and the
outdoor dining area in good condition,including but not limited to the following:
1.All outdoor dining furnishings and all exterior surfaces within the outdoor dining area shall be easily
cleanable and kept clean and free of debris.
2.The outdoor dining area and adjacent areas kept in a clean and safe condition.
G. Food and Beverages:Outdoor dining areas may only serve food and nonalcoholic beverages 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
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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 stations)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.
§9173.5 SIDEWALK CAFE
A sidewalk cafe may be allowed in the C-N,C-1,and C-2 zoning districts provided it is incidental to and part of the operation of a
restaurant located on the same parcel,and it complies with the standards and requirements listed below;
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 section 9173.4 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.
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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 other furniture used in the operation of a sidewalk cafe shall be removed from the sidewalk and
stored indoors at night and whenever the cafe is not in operation.Additional hours may be authorized with
Zoning Administrator approval of a minor use permit.
4.Sidewalk Clearances:A sidewalk cafe may be allowed only where the sidewalk is wide enough to adequately
accommodate the usual pedestrian traffic in the area,to comply with California State accessibility standards
and federal ADA requirements,and the operation of the proposed cafe.
5. Live Entertainment:A sidewalk cafe shall not be used for live entertainment. Live entertainment at sidewalk
cafes may be authorized in compliance with section 9224.6 of this code.
D.Tables,Chairs,Furniture,Signage:
1.All tables and chairs comprising a sidewalk cafe shall be situated in a safe fashion and away from any
sidewalk or street barrier including a bollard,and shall not be within eight feet(8')feet of any designated bus
stop.
2.The dining area shall not impede the use of public furnishings such as lighting,benches,etc.
3. In order to provide adequate and safe ingress/egress,a minimum unobstructed public sidewalk width of
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 furniture,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.
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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.
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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)
§9173.6 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS
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Specialty food and beverage sales with tastings may be allowed in the C-N,C-1,C-2,and P-F zoning districts provided they
comply with the following standards and 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 9173.3 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 9173.4 of this code or sidewalk cafes in section 9173.5 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 and how the business will preclude loitering.
2.Adequacy of lighting for security and safety purposes.
3. Adequacy of parking.
4.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.
5. 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.
6. Details regarding how security will be provided during and after live entertainment events.
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 Article
20 of this Code.
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Environmental Setting
The Project is located in the City of Ukiah, Mendocino County,California.The City of Ukiah is located approximately
110 miles north of San Francisco, and is situated along US 101 in southeastern Mendocino County. US 101
freeway traverses the City of Ukiah in a north/south direction.State Route(SR)222,also known as Talmage
Road,is a short east/west state highway that intersects US 101 in the southern portion of the City of Ukiah. US 101
connects Ukiah to Santa Rosa and San Francisco, providing major regional access to the City.SR 253, located at the
south end of Ukiah, begins at US 101 and travels in an east/west direction connecting Ukiah with SR 1 along the
coast.
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Environmental Checklist
The Project's potential level of impact is indicated as follows:
Potentially Potentially significant environmental impacts.
Significant
Potentially Potentially significant impacts which can be mitigated to less then
Significant and significant levels.
Mitigable
Less than Impacts which are considered less than significant and do not require
Significant mitigation.
No Impact No impacts related to the project.
Environmentally Factors Potentially Affected
None of the environmental factors would be potentially affected by this project.The environmental factors
below are discussed in this document.
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1. Aesthetics 10. Land Use Planning
2. Agricultural Resources 11. Mineral Resources
3. Air Quality 12. Noise
4. Biological Resources 13. Population and Housing
5. Cultural Resources 14. Public Services
6. Geology and Soils 15. Recreation
7. Greenhouse Gas Emissions 16.Transportation and Circulation
8. Hazardous Materials 17. Utilities and Service Systems
9. Hydrology and Water Quality 18. Mandatory Findings of Significance
Determination (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
X
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.
Purpose of this Initial Study
This Initial Study has been prepared consistent with CEAQ Guidelines Section 15063,to determine if the project, as
proposed, may have a significant effect upon the environment. Based upon the finding contained in this report,the Initial
Study will be used in support of the preparation of a negative declaration.
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April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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Evaluation of Environmental Impacts
1. A brief explanation is required for all answers expect"No Impact"answers that are adequately supported by
the information sources a lead agency cites in the parentheses following each question. A"No Impact"
answer is adequately supported if the referenced information sources show that the impact simply does not
apply to projects like the one involved (e.g.the project fall outside a fault rupture zone).A"No Impact"
answer should be explained where it is based on project-specific factors as well as general standards(e.g.
the project will not expose sensitive receptors to pollutants, based on the project-specific screening
analysis).
2. All answers must take into account the whole action involved, including offsite as well as onsite,cumulative
as well as project-level, indirect as well as direct,and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur,then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation,or
less then significant with mitigation or less than significant. "Potentially Significant Impact" is appropriate if
there is substantial evidence that an effect may be significant. If there are one or more"Potentially
Significant Impact"entries when the determination is made,an EIR is required.
4. "Negative Declaration: Potentially Significant Unless Mitigation Incorporated"applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"to a Less
Than Significant Impact".The lead agency must describe the mitigation measures,and briefly explain how
they reduce the effect to a less than significant level mitigation measures from Section XVII, "Earlier
Analysis" may be cross-referenced.
5. Earlier analysis may be used where, pursuant to the tiering, program EIR,or other CEAQ process,an effect
had been adequately analyzed in an earlier EIR or negative declaration.Section 15063(c)(3)(D). In this case,
a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review
b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the
scope of an adequately analyzed in an earlier document pursuant to applicable legal standards and
state whether such effects were addressed by mitigation measures based in the earlier analysis.
c. Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures
Incorporated." Describe the mitigation measures,which were incorporated or refined from the
earlier document and the extent to which they address site specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts(e.g.general plans,zoning ordinances). Reference to previously prepared or outside
document should,where appropriate,include a reference to the page where the statement is
substantiated.
7. Supporting Information Sources:A sources list should be attached,and other sources used or individuals
contacted should be cited in the discussion.
Less Than
Potentially Less Than
Significant with No
I.AESTHETICS.Would the project: Significant Mitigation Significant Impact
Impact Incorporated Impact
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a) Have a substantial adverse effect on a scenic vista? X
b)Substantially damage scenic resources,including, but not
limited to,trees, rock outcroppings,and historic buildings X
within a state scenic highway?
c)Substantially degrade the existing visual character or quality X
of the site and its surroundings?
d)Create a new source of substantial light or glare which would X
adversely affect day or nighttime views in the area?
No Impact a-d:The proposed Zoning Ordinance amendments, by themselves do not propose or authorize any
development.They do contain development standards which could lead to future intensification of
established land uses. The Zoning Ordinance Amendments provide regulations, performance and design
standards designed to mitigate any impacts caused by projects that result from these amendments.
Specifically,they include standards to protect aesthetics through design requirements for community gardens,
outdoor dining, and sidewalk cafes. Projects will be subject to performance standards and design standards.
As such the project will have no impact
Less Than
Potentially Less Than
II.AGRICULTURE AND FORESTRY RESOURCES:Would the Significant with No
Significant Significant
p1'Ojett: Im act Mitigation Im act Impact
p Incorporated p
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 X
Program of the California Resources Agency,to non-agricultural
use?
b)Conflict with existing zoning for agricultural use,or a x
Williamson Act contract?
c)Conflict with existing zoning for,or cause rezoning of,forest
land (as defined in Public Resources Code section 12220(g)),
timberland (as defined by Public Resources Code section 4526), X
or timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land x
to non-forest use?
e) Involve other changes in the existing environment which,
due to their location or nature,could result in conversion of x
Farmland,to non-agricultural use or conversion of forest land
to non-forest use?
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No Impact a-e:The proposed Zoning Ordinance amendments, by themselves do not propose or authorize any
development.There are no properties within the City of Ukiah that qualify as unique farmland or are under
Williamson Act contracts. Further,forested areas within the City are generally found on the hillsides west of
town,these areas are zoned RH1, (Residential Hillside).This zoning designation does not allow the uses
described in the project description. As such the project will have no impact.
Less Than
III.AIR QUALITY.Where available,the significance criteria Potentially �ess rhan
Significant with No
established by the applicable air quality management or air significant significant
pollution control district may be relied upon to make the �mpact Mitigation Impact Impact
Incorporated
following determinations.Would the project:
a)Conflict with or obstruct implementation of the applicable air x
quality plan?
b)Violate any air quality standard or contribute substantially to x
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 X
standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant x
concentrations?
e)Create objectionable odors affecting a substantial number of x
people?
No Impact a-e:The proposed Zoning Ordinance amendments, by themself do not propose or authorize any
development.They do contain development standards which could lead to future intensification of
established land uses.The Zoning Ordinance Amendments provides regulations, performance standards and
design standards designed to mitigate any impacts caused by project that result from these amendments.
Possible land use intensifications resulting from these amendments are not anticipated to contribute to air
pollution. Specific projects will be subject to performance standards and design standards. As such the
project will have no impact.
Less Than
Potentially Less Than
IV.BIOLOGICAL RESOURCES: Significant with No
Significant Significant
Would the project �m a� Mitigation Im act Impact
p Incorporated p
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, x
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 X
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other sensitive natural community identified in local or regional
plans, policies, 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
x
(including, but not limited to, marsh,vernal pool,coastal, etc.)
through direct removal,filling, hydrological interruption,or
other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with established x
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 X
ordinance?
f)Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan,or x
other approved local, regional,or state habitat conservation
plan?
No Impact a-f:The Zoning Ordinance amendments, by themself do not propose or authorize any
development.They contain development standards which could lead to future intensification of established
land uses. Possible land use intensifications resulting from this action are not anticipated to affect biological
resources because they will generally take place within the urbanized infill areas. The Zoning Ordinance
Amendments provides regulations, performance standards and design standards designed to mitigate any
impacts caused by projects that result from these amendments. Specific projects will be subject to
performance standards and design standards.As such the project will have no impact.
V.CULTURAL RESOURCES. Potentially LessThan LessThan
Significant with No
Significant Significant
Mitigation Impact
Would the project: Impact Impact
Incorporated
a)Cause a substantial adverse change in the significance of a x
historical resource as defined in § 15064.5
b)Cause a substantial adverse change in the significance of an x
archaeological resource pursuant to§15064.5
c) Directly or indirectly destroy a unique paleontological x
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred outside x
of formal cemeteries?
No Impacts a-d:The Zoning Ordinance amendments, by themself do not propose or authorize any
development.They contain development standards which could lead to future intensification of established
land uses. Future projects that occur pursuant to the proposed Zoning Ordinance amendments would be
required to conform to all applicable regulations, performance standards and design standards contained in
the proposed amendments.
The City maintains an inventory of historically significant structures. Projects proposing modification of
historical buildings must apply for and receive approval of a demolition permit from both the Demolition
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Committee and the City Council. During this process,the City Council must conduct a public hearing to review
and determine if the structure is historically significant and if so,whether or not the proposed demolition or
fa�ade changes would adversely impact the historical resources of Ukiah. If the City Council finds that the
residence is historically significant, the permit cannot be immediately issued.The house is not listed on the
Ukiah Historical and Architectural Survey Update, prepared in 1999. As such the project will have no impact.
Less Than
VI.GEOLOGY AND SOILS. Potentially Significant Less Than
No
Significant with Significant
Would the project: Impact Mitigation Impact Impact
Incorporated
a) Expose people or structures to potential substantial adverse x
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 X
substantial evidence of a known fault?Refer to Division of
Mines and Geology Special Publication 42.
ii)Strong seismic ground shaking? X
iii)Seismic-related ground failure, including liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of topsoil?
x
c) Be located on a geologic unit or soil that is unstable,or that
would become unstable as a result of the project,and x
potentially result in on-or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil,as defined in Table 18-1-B of the
Uniform Building Code(1994),creating substantial risks to life or X
property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems where X
sewers are not available for the disposal of waste water?
No Impact a-e:The Zoning Ordinance amendments, by themself do not propose or authorize any
development.They contain development standards which could lead to future intensification of established
land uses. Future projects that occur pursuant to the proposed Zoning Ordinance amendments would be
required to conform to all applicable regulations, performance standards and design standards of the
proposed amendments and site-specific geotechnical studies as determined appropriate by the City and will
comply with applicable building code regulations.
The 2013 California Building Code (CBC)and local ordinances and requirements address potential impacts
related to geologic conditions. All septic systems or alternative wastewater disposal systems must comply with
existing City of Ukiah Ordinance Code 3798. All structures constructed in the City are required to meet soil
City of Ukiah Zoning Ordinance Amendments
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suitability and safety requirements, based on underlying soil types and Alquist-Priolo designation.The
proposed project does not increase density or infill as established by the General Plan and will not allow for or
promote the construction of new buildings at risk of geologic hazard. As such the project will have no impact.
VII.GREENHOUSE GAS EMISSIONS. Potentially LessThan LessThan
Significant with No
Significant Significant
Mitigation Impact
Would the project: impact Impact
Incorporated
a)Generate greenhouse gas emissions,either directly or
indirectly,that may have a significant impact on the X
environment?
b)Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse X
gases?
No Impact a-b:The Zoning Ordinance amendment do not contribute to the inducement of growth that would
contribute to increased greenhouse gas emissions. They establish operational standards for a variety of uses,
none of which evolve the development of any additional housing.As such the project will have no impact.
VIII. HAZARDS AND HAZARDOUS MATERIALS. Potentially Less 7han Less Than
Significant with No
Signi�cant Significant
Would the project: impact Mitigation Impact �mpact
Incorporated
a)Create a significant hazard to the public or the environment
through the routine transport, use,or disposal of hazardous X
materials?
b)Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions x
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials,substances,or waste within one-quarter X
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 x
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 X
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 X
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation X
plan?
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h) Expose people or structures to a significant risk of loss, injury
or death involving wildland fires, including where wildlands are x
adjacent to urbanized areas or where residences are
intermixed with wildlands?
No Impact a-h:The Zoning Ordinance amendments, by themself do not propose or authorize any
development.The Zoning Ordinance Amendments contains implementation measures which may lead to
future intensification of established land uses. The Zoning Ordinance Amendments intends to provide
regulations, performance standards and design standards designed to mitigate any impacts caused by projects
that result from these amendments. Specific projects will be subject to performance standards and design
standards.The proposed Zoning Ordinance amendments will not interfere with any emergency response plan
of emergency evacuation plan,will not create any potential health hazard or expose people to existing source
of health hazard. As such the project will have no impact.
IX.HYDROLOGY AND WATER QUALITY. Potentially �ess Than �ess Than
Significant with No
Significant Significant
Mitigation Impact
Would the project: impact Impact
Incorporated
a)Violate any water quality standards or waste discharge x
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
x
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 x
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 X
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 X
provide substantial additional sources of polluted runoff?
f)Otherwise substantially degrade water quality? X
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood X
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures which x
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 X
failure of a levee or dam?
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j) Inundation by seiche,tsunami,or mudflow? X
No Impact a-j: The Zoning Ordinance amendments do not place any structures in the 100-year flood plain or
put persons or structures at risk due to dam or levee failure or inundation as the document is a policy
amendment and does not include actual construction. The Zoning Ordinance Amendments contains
development standards which may lead to future intensification of established land uses. The Zoning
Ordinance Amendments provide regulations, performance standards and design standards designed to
mitigate any impacts caused by projects that result from these amendments. Specific projects will be subject
to performance standards and design standards. As such the project will have no impact.
X. LAND USE AND PLANNING. Potentially LessThan �essThan
Significant with No
Significant Significant
Would the project: Impact Mitigation Impact �mpact
Incorporated
a) Physically divide an established community? X
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, X
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
x
natural community conservation plan?
No Impact a-c:The Zoning Ordinance amendments are designed to provide specific standards and guidelines
for the uses described in the project description. The Zoning Ordinance amendments do not propose any
actions that would divide established communities in the City of Ukiah. They contain development standards
which may lead to future intensification of established land uses.They provide regulations, performance
standards and design standards designed to mitigate any impacts caused by projects that result from these
amendments. Specific projects will be subject to performance standards and design standards.
The proposed Zoning Ordinance amendments are applicable Citywide and are not site-specific.The
amendments are internally consistent with the Zoning Ordinance,which is designed to facilitate orderly
development within the City.The amendments are designed to achieve General Plan goals for a vibrant urban
environment. In conforming to these regulations each proposal will further the goals and policies of the
Zoning Ordinance and the General Plan. Generally, the projects listed in the project description do not disrupt
or divide the physical arrangement of established communities given their scale and size;therefore the
proposed Zoning Ordinance Amendments will not disrupt or divide the physical arrangement of an established
community.As such the project will have no impact.
XI.MINERALRESOURCES. Potentially �essThan �essThan
Significant with No
Significant Significant
Would the project: Impact Mitigation Impact �mpact
Incorporated
a) Result in the loss of availability of a known mineral resource x
that would be of value to the region and the residents of the
City of Ukiah Zoning Ordinance Amendments
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state?
No Impact:The proposed Zoning Ordinance amendments establishes operational standards for: Community
Gardens, Live Entertainment, Outdoor Dining, Sidewalk Cafes, Specialty Food and Beverage Sales with Tasting
and would not affect mineral resources. As such the project will have no impact.
XII.NOISE Potentially Less Than Less Than
Significant with No
Significant Significant
Mitigation Impact
Would the project result in: �mpact Impact
Incorporated
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or X
noise ordinance,or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive x
groundborne vibration or groundborne noise levels?
c)A substantial permanent increase in ambient noise levels in x
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 X
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 X
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 X
area to excessive noise levels?
No Impact a-f:The Zoning Ordinance amendments are designed to provide specific standards and guidelines
for the uses described in the project description. They contain standards which may lead to future
intensification of established land uses including the potential addition of live music to an existing business.
The Zoning Ordinance amendment intends to provide regulations, performance standards and adherence to
the City's noise ordinance.These standards are designed to mitigate any impacts caused by projects that
result from these amendments. Specific projects will be subject to performance standards as follows:
1. Live entertainment shall end at 11:00 p.m.
2. Live entertainment shall not violate the City of Ukiah noise ordinance
3. The number of people within a building where live entertainment is performing shall not exceed
the occupancy standards contained in the California Building Code or Ukiah City Code.
4. Businesses desiring to have live entertainment shall provide adequate security during and after
live entertainment events.
5. Parking shall generally comply with the Ukiah City Code, although on-street parking within
commercial zoning districts may be included in the number of parking spaces provided for the live
entertainment
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6. Any building proposed for live entertainment shall comply with all Fire Code requirements and
shall be reviewed and approved by the Ukiah Fire Marshal.
Potential impacts are considered less than significant.
XIII.POPULATION AND HOUSING. Potentially �essThan �essThan
Significant with No
Significant Significant
Mitigation Impact
Would the project: Impact Impact
Incorporated
a) Induce substantial population growth in an area,either
directly(for example, by proposing new homes and businesses) x
or indirectly(for example,through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing X
elsewhere?
c) Displace substantial numbers of people, necessitating the x
construction of replacement housing elsewhere?
No Impact a-c:The Zoning Ordinance amendment do not contribute to the inducement of growth or the
displacement of any existing housing or people.They establish operational standards for a variety of uses,
none of which evolve the development of any additional housing. As such the project will have no impact.
Less Than
Potentially Less Than
Significant with No
XIV. PUBLIC SERVICES. Signi�cant Mitigation Significant Impact
Impact Incorporated Impact
a)Would the project result in 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 X
cause significant environmental impacts, in order to maintain
acceptable service ratios, response times or other performance
objectives for any of the public services:
Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X
No Impact:The Zoning Ordinance amendments are designed to provide specific standards and guidelines for
the uses described in the project description. The Zoning Ordinance Amendments contain implementation
measures which may lead to future intensification of established land uses. No additional public services are
anticipated as result of any intensification of land uses that could result from these Zoning Ordinance
amendments.As such the project will have no impact.
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Less Than
Potentially Less Than
Significant with No
XV.RECREATION. Significant Significant
Im act Mitigation Im act Impact
p Incorporated p
a)Would the project increase the use of existing neighborhood
and regional parks or other recreational facilities such that x
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 X
have an adverse physical effect on the environment?
No Impact a-b:The Zoning Ordinance amendment do not contribute to the inducement of growth therefore
will not increase the need for recreational opportunities in Ukiah.They establish operational standards for a
variety of uses, none of which evolve the development of any additional housing or population growth.As
such the project will have no impact.
Less Than
XVI.TRANSPORTATION/TRAFFIC. Potentially Less Than
Significant with No
Significant Significant
Mitigation Impact
Would the project: �mpact Impact
Incorporated
a)Conflict with an applicable plan,ordinance or policy
establishing measures of effectiveness for the performance of
the circulation system,taking into account all modes of
transportation including mass transit and non-motorized travel X
and relevant components of the circulation system, including
but not limited to intersections,streets, highways and
freeways, pedestrian and bicycle paths,and mass transit?
b)Conflict with an applicable congestion management
program, including, but not limited to level of service standards
and travel demand measures, or other standards established X
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 results in X
substantial safety risks?
d)Substantially increase hazards due to a design feature(e.g.,
sharp curves or dangerous intersections)or incompatible uses X
(e.g.,farm equipment)?
e) Result in inadequate emergency access? X
f)Conflict with adopted policies, plans,or programs regarding
public transit, bicycle,or pedestrian facilities,or otherwise X
decrease the performance or safety of such facilities?
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No Impact a-f:The Zoning Ordinance amendments are designed to provide specific standards and guidelines
for the uses described in the project description. The Zoning Ordinance Amendments contains development
standards which may lead to future intensification of established land uses. The Zoning Ordinance
amendments do not propose any actions that would increase traffic or create conflicts with any congestion
management plan in the City of Ukiah. The Zoning Ordinance Amendments provides regulations,
performance standards and design standards designed to mitigate any impacts caused by projects that result
from these amendments. Specific projects will be subject to performance standards and design standards. As
such the project will have no impact.
Less Than
Potentially Less Than
XVII. UTILITIES AND SERVICE SYSTEMS. Significantwith No
Significant Significant
Would the project: �m a� Mitigation �m a� Impact
p Incorporated p
a) Exceed wastewater treatment requirements of the x
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing x
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 x
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 X
expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has x
adequate capacity to serve the project's projected demand in
addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to x
accommodate the project's solid waste disposal needs?
g)Comply with federal,state,and local statutes and x
regulations related to solid waste?
No Impact a-g:The Zoning Ordinance amendments, by itself does not propose or authorize any development.
However it contains implementation measures which may lead to future intensification of established land
uses. The Zoning Ordinance Amendments intends to provide regulations, performance standards and design
standards designed to mitigate any impacts caused by projects that result from these amendments. Specific
projects will be subject to performance standards and design standards. Further, any land use intensification
resulting from these Zoning Ordinance amendments are viewed as minor,typically occurring in conjunction
with an existing use or business and not requiring any major utility upgrades. As such the project will have no
impact.
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Less Than
Potentially Significant Less Than No
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. Significant with Significant
Impact Mitigation Impact �mpact
Incorporated
a) Does the project 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 X
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) Does the project have impacts that are individually limited,
but cumulatively considerable?("Cumulatively considerable"
means that the incremental effects of a project are x
considerable when viewed in connection with the effects of
past projects,the effects of other current projects,and the
effects of probable future projects)?
c) Does the project have environmental effects which will
cause substantial adverse effects on human beings,either X
directly or indirectly?
A. As discussed in the preceding sections, the project does not have the potential to significantly
degrade the quality of the environment, including effects on animals or plants, or to eliminate historic
or prehistoric sites.
B. As discussed in the preceding sections, both short-term and long-term environmental effects
associated with the project will be less than si�nificant.
C. When impacts associated with the project are considered alone or in combination with other impacts,
the project-related impacts are insi�nificant.
D. The above discussions do not identify a� substantial adverse impacts to people as a result of the
project.
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADDING DIVISION 9, CHAPTER 2, ARTICLE 15.6, SECTIONS
§9173, §9173.1, §9173.2, §9173.3, §9173.4, §9173.5, §9173.6 TO
THE ZONING CODE RELATED TO DEVELOPMENT AND
OPERATING STANDARDS FOR: COMMUNITY GARDENS, LIVE
ENTERTAINMENT, OUTDOOR DINING, SIDEWALK CAFES,
SPECIALTY FOOD AND BEVERAGE SALES WITH TASTING
The City Council finds and declares as follows:
SECTION ONE
Article 15.6. STANDARDS FOR SPECIFIC LAND USES
§9173 PURPOSE
Article 15.6, section 9173 of this code provides site planning, development, and/or
operational standards for certain land uses that are allowed in certain zoning districts
without discretionary review. The standards for each use are intended to mitigate any
potentially adverse impacts associated with the specific use.
§9173.1 APPLICABILITY
The land uses and activities included in section 91723 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 9173 of this
code shall only be located in the zoning districts indicted herein.
B. Development Standards: The standards for specific land uses included in section
9173 of this code are required and supplement those included in the Ukiah City Code.
In the event of any conflict between the requirements of section 9173 of this code and
those included elsewhere in the City Code, the requirements of section 9173 of this
code shall control.
§9173.2 COMMUNITY GARDENS
Community gardens may be located in any zoning district provided they comply with the
following standards and requirements:
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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.
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G. Signs: Signs are limited to identification, informational, and directional signs in
conformance with the City of Ukiah sign ordinance requirements.
H. Structures —Accessory: The following accessory structures are allowed: tool sheds,
greenhouses, cold-frames, hoop houses, compost bins, rain barrel systems, picnic
tables, benches, bike racks, garden art, and fences subject to the development
standards of the zoning district in which the community garden is located and the
requirements of this section. Commercially maintained portable bathrooms are allowed
as accessory structures; provided, that they comply with accessibility standards and
comply with the development standards of the zoning district in which the community
garden is located.
I. Water Use: Every effort shall be made to reduce water usage. Drip irrigation is
required where feasible. Mulch and compost shall be used in order to reduce the
amount of water needed for garden plots.
J. Prohibitions: Smoking, drinking alcoholic beverages, using illegal drugs, and
gambling are prohibited. Weapons, pets and other animals (except service animals) are
also prohibited. (Ord. 1139, §2 (Exh. A, 5.030), adopted 2012)
§9173.3 LIVE ENTERTAINMENT
Live entertainment uses may occur in the C-1, C-2, and P-F zoning districts provided
they comply with the following standards and requirements:
A. Live entertainment shall end at 11:00 p.m.
B. Live entertainment shall not violate the City of Ukiah noise ordinance
C. The number of people within a building where live entertainment is performing
shall not exceed the occupancy standards contained in the California Building
Code or Ukiah City Code.
D. Businesses desiring to have live entertainment shall provide adequate security
during and after live entertainment events.
E. Parking shall generally comply with the Ukiah City Code, although on-street
parking within commercial zoning districts may be included in the number of
parking spaces provided for the live entertainment
F. Any building proposed for live entertainment shall comply with all Fire Code
requirements and shall be reviewed and approved by the Ukiah Fire Marshal.
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B. Management Plan: Prior to the conduct of live entertainment, the property owner
shall submit a Management Plan addressing the items listed below. The Management
Plan shall be submitted to the Director of Planning and Community Development for
review and action. The Director shall distribute the Plan to the Ukiah Police and Fire
Departments for review. The Management Plan shall, at a minimum, include the
following:
1. Potential for loitering and how the business will preclude loitering.
2. Adequacy of lighting for security and safety purposes.
3. Adequacy of parking.
4. 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.
5. 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.
6. Details regarding how security will be provided during and after live
entertainment events.
7. Other information deemed necessary on a case-by-case basis.
If the Management Plan is found acceptable by the Police and Fire Departments, as
well as the Director of Planning and Community Development, the Director shall make
corresponding findings and approve it writing.
C. Relief from any of the standards or requirements may be sought through the Use
Permit process. The Director of Planning and Community Development shall determine
whether or not a certain Use Permit is minor or Major. The determination shall be
based, in part on how much relief is being sought and the location of the proposed live
entertainment and its potential to disrupt the area.
§9173.4 OUTDOOR DINING
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On-site outdoor dining may be allowed in the C-N, C-1 and C-2 zoning districts provided
it is incidental to and part of the operation of a restaurant located on the same parcel,
and it complies with the standards and requirements listed below;
A. Purpose: The provisions of this section are intended to allow outdoor dining in
association with a restaurant located on the same parcel as the outdoor dining, where
the outdoor dining is clearly incidental to the adjacent restaurant use and will not
negatively impact the operations and function of the existing restaurant, including
parking facilities, pedestrian access and circulation, and disabled access facilities.
B. Location of Outside Dining: Outdoor dining shall be located on the same site as the
restaurant which the outdoor dining will serve. Outdoor dining facilities, such as tables,
chairs, umbrellas, etc., shall not be located in pedestrian walkways, required parking
spaces, or disabled access facilities (such as parking spaces, walkways, entries, etc.).
Outdoor dining areas may be located in landscaped areas if located in such a manner
as to not damage the landscaping.
C. Hours of Operation: Days and hours of operation for the outdoor dining shall not
extend beyond the hours of operation for the restaurant which it serves. Tables, chairs,
and all other furniture used in the 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 9173.3 of this code.
E. Tables, Chairs, Furniture, 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 sixty inches (60") of unobstructed space shall be
maintained between exits and any furniture or fixtures related to outdoor
dining, or as required by the building code, whichever is greater.
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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 used provided the music does not
violate the City of Ukiah noise ordinance.
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 property and/or business owner are responsible for maintaining all
outdoor dining furnishings and the outdoor dining area in good condition, including but
not limited to the following:
1. All outdoor dining furnishings and all exterior surfaces within the outdoor
dining area shall be easily cleanable and kept clean and free of debris.
2. The outdoor dining area and adjacent areas kept in a clean and safe
condition.
G. Food and Beverages: Outdoor dining areas may only serve food and nonalcoholic
beverages 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.
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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 stations) 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.
§9173.5 SIDEWALK CAFE
A sidewalk cafe may be allowed in the C-N, C-1, and C-2 zoning districts provided it is
incidental to and part of the operation of a restaurant located on the same parcel, and it
complies with the standards and requirements listed below;
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.
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C. Limitations and Requirements: A sidewalk cafe may be allowed only where allowed
by section 9173.4 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 other furniture used in the operation of a sidewalk cafe shall be
removed from the sidewalk and stored indoors at night and whenever the
cafe is not in operation. Additional hours may be authorized with Zoning
Administrator approval of a minor use permit.
4. Sidewalk Clearances: A sidewalk cafe may be allowed only where the
sidewalk is wide enough to adequately accommodate the usual pedestrian
traffic in the area, to comply with California State accessibility standards and
federal ADA requirements, and the operation of the proposed cafe.
5. Live Entertainment: A sidewalk cafe shall not be used for live
entertainment. Live entertainment at sidewalk cafes may be authorized in
compliance with section 9224.6 of this code.
D. Tables, Chairs, Furniture, Signage:
1. All tables and chairs comprising a sidewalk cafe shall be situated in a
safe fashion and away from any sidewalk or street barrier including a
bollard, and shall not be within eight feet (8') feet of any designated bus
stop.
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2. The dining area shall not impede the use of public furnishings such as
lighting, benches, etc.
3. In order to provide adequate and safe ingress/egress, a minimum
unobstructed public sidewalk width of 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 furniture, 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.
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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.
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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)
§9173.6 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS
Specialty food and beverage sales with tastings may be allowed in the C-N, C-1, C-2,
and P-F zoning districts provided they comply with the following standards and
requirements:
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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 9173.3
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 9173.4 of this code or sidewalk
cafes in section 9173.5 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 and how the business will preclude loitering.
2. Adequacy of lighting for security and safety purposes.
3.Adequacy of parking.
4. 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.
5. 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.
6. Details regarding how security will be provided during and after live
entertainment events.
7. Other information deemed necessary on a case-by-case basis.
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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 Article 20 of
this Code.
SECTION THREE
1. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council of the City of Ukiah hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase thereof
irrespective of the fact that one or more sections, subsections, sentences, clauses or
phrases may be held invalid or unconstitutional.
2. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published
once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the
full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days
prior to its adoption and again within fifteen (15) days after its adoption.
3. Effective Date: The ordinance and shall become effective thirty (30) days after its
adoption.
Introduced by title only on by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2016 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Scalmanini, Mayor
ATTEST:
Kristine Lawler, City Clerk
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