HomeMy WebLinkAbout06082016 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
7une 8, 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 May 11, 2016 meeting will be included for review and
approval at the next regular Planning Commission 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 7une
20, 2016 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARING
9A. Amendment to Zoning Ordinance text providing specific site planning,
development and/or operational standards for the following uses:
1. Community Gardens
2. Live Entertainment
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.
3. Outdoor Dining
4. Sidewalk Cafes
5. Specialty Food and Beverage Sales with Tasting.
9B. Provide direction / input on the proposed Public Art Policy.
10. PLANNING DIRECTOR'S REPORT
11. PLANNING COMMISSIONERS' REPORT
12. AD]OURNMENT
Americans with Disabilities Act Accommodations.Please be advised that the City needs to be notified 72 hours in advance of a
meeting if any specific accommodations or interpreter services are needed in order for you to attend.The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Please call (707)
463-6752 or(707)463-6207 to arrange accommodations.
ITEM N0.9.A
Community Development and Planning Department
300 Seminary Avenue
Ukiah, CA 95482
,�,,,,�.�,,,,�,� plannin�@cityofukiah.com
(707)463-6203
DATE: June 8, 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
At the May 11, 2016 Planning Commission meeting the Commission recommended approval of
the proposed zoning ordinance amendment as described above.The Commission
recommended one change to the sidewalk cafe operational standards regard ing the protection
of trees which has been incorporated, see below. Staff is recommending one further
amendment to the operational standards for Live Entertainment limiting the frequency to twice
per week, see below for amended text.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
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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 and limited to twice weekly.
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.
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.
Zoning Ordinance Text Amendments
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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.
10. Any proposed seating in the vicinity of street trees shall comply with the City's
Management Guidelines adopted December 1, 2010.
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.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
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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
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, 2016;
■ published in the Ukiah Daily Journal on May 29, 2016;
■ posted at the Civic Center (glass case) on June 1, 2016;
■ posted on the City's Web site June 1, 2016.
Zoning Ordinance Text Amendments
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The comment period for the NOI was April 18, 2015, through May 9, 2015. No comments were
received from outside agencies or citizens.
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.
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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 in 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
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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.
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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.
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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.
City of Ukiah Zoning Ordinance Amendments
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
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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
(including, but not limited to, marsh,vernal pool,coastal,etc.) X
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
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
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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.
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
24
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?
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
25
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.
City of Ukiah Zoning Ordinance Amendments
April 18,2016- May 9, 2016 Initial Study/Negative Declaration
26
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:
1
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.
2
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 and limited to twice weekly.
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.
3
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
4
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.
5
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.
6
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.
7
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.
8
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.
10. Any proposed seating in the vicinity of street trees shall comply with the
City's Management Guidelines adopted December 1, 2010.
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:
9
1. All outdoor dining furnishings and all exterior surfaces within the sidewalk
cafe area shall be easily cleanable and kept clean and free of debris.
2. The sidewalk cafe area and adjacent areas kept in a clean and safe
condition.
F. Food and Beverages: A sidewalk cafe may serve only food and nonalcoholic
beverages prepared or stocked for sale at the adjoining indoor restaurant; provided,
however, that the service of beer or wine or both solely for on-premises consumption by
customers within the areas of the sidewalk cafe may be authorized by the Planning
Director and Police Department as part of the required encroachment permit if each of
the following requirements are met:
1. The sidewalk cafe operation is duly licensed, or prior to the service of any
beer or wine will be duly licensed by State authorities to sell beer or wine for
consumption within the area of the sidewalk cafe.
2. The area in which the sidewalk cafe is authorized is identified in a
manner, as part of the encroachment permit, which will clearly separate and
delineate it from the areas of the sidewalk that will remain open to
pedestrian traffic.
3. One or more signs, as approved as part of the encroachment permit, are
posted during all times the sidewalk cafe is in operation, which shall give
notice to the cafe's customers that the drinking of beer or wine or the
carrying of any open container which contains beer or wine is prohibited and
unlawful outside the delineated area of the sidewalk cafe. Sidewalk cafes
authorized by the Planning Department and Police Department as part of
the required encroachment permit and in compliance with the requirements
of this section are exempt from section 6000 of this code.
G. Service Requirements:
1. The outdoor preparation of food and busing and service stations are
prohibited at the sidewalk cafe. Outdoor service station may be authorized
with Zoning Administrator approval of a minor use permit.
2. Restrooms for the sidewalk cafe shall be provided in the adjoining indoor
restaurant. Seating for the sidewalk cafe may be counted in determining the
10
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
11
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.
12
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.
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:
13
Kristine Lawler, City Clerk
14
ITEM N0.9.A
Community Development and Planning Department
300 Seminary Avenue
Ukiah, CA 95482
,�,,,,�.�,,,,�,� plannin�@cityofukiah.com
(707)463-6203
DATE: June 8, 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
At the May 11, 2016 Planning Commission meeting the Commission recommended approval of
the proposed zoning ordinance amendment as described above.The Commission
recommended one change to the sidewalk cafe operational standards regard ing the protection
of trees which has been incorporated, see below. Staff is recommending one further
amendment to the operational standards for Live Entertainment limiting the frequency to twice
per week, see below for amended text.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
1
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 and limited to twice weekly.
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.
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.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
2
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.
10. Any proposed seating in the vicinity of street trees shall comply with the City's
Management Guidelines adopted December 1, 2010.
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.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
3
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
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, 2016;
■ published in the Ukiah Daily Journal on May 29, 2016;
■ posted at the Civic Center (glass case) on June 1, 2016;
■ posted on the City's Web site June 1, 2016.
Zoning Ordinance Text Amendments
Operational Standards Community Gardens,Live Entertainment,Outdoor Dining,Sidewalk Cafes and Specialty Food
4
The comment period for the NOI was April 18, 2015, through May 9, 2015. No comments were
received from outside agencies or citizens.
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
5
1 City of Ukiah
2 Public Art Policy
3
4 I. Purpose
5
6 Public art creates a unique sense of place and communicates a strong civic identity for the City
7 of Ukiah ("City"). The City encourages the placement of artwork in Public Places and recognizes
8 that art provides cultural and economic benefits for residents and visito erefore, it is
9 important that procedures and policies be established and impleme to pport and
10 facilitate the acquisition of Public Art.
11
12 The purpose of the Public Art Policy ("Policy") is to provide ui es fo 'c
13 Artwork, including:
14
15 1. Review Criteria for Proposed Artwork
16 2. Site Selection Criteria
17 3. Artistic Freedom of Expression and Non-Discri on
18 4. Collection Maintenance
19
20 Proposals for public artwork will be revie b sign Revi oard. A recommendation
21 will be forwarded to the Planning Commiss for f'
22
23 II. Definitions
24
25 Artist
26 1. One who work ' s ' ptually creates in any area of the fine arts,
27 such ainting, g, sculptu , etc., including mixed-media.
28 2. I artist y person who, by virtue of professional training, exhibition,
29 istory an itical r is recognized by critics and peers as skilled in creating
30 orks of art.
31 3. rson who h reputation of artistic excellence, as judged by peers, through a
32 r of exhibi s, public commissions, sale of works, educational attainment, or
33 othe ns.
34 4. A perso a working professional making the majority of their income from
35 creating orks.
36 5. An educator who teaches studio art classes.
37
38 Art/Artwork
39 Any artwork that is intended to enrich the public environment for both City residents and
40 visitors. Artwork shall include, but not be limited to, sculptures, murals, paintings, graphic arts,
41 mosaics, photography, crafts, mixed media and environmental works.
42
1
1 Donor/Donate
2 The terms "donor", "donate" and all derivations thereof(e.g. donation, donated, etc.) shall
3 refer to the act of, and/or person responsible for, submitting proposal(s) for placement of
4 Public Artwork in a Public Place, pursuant to this Policy and includes any form of proposal,
5 including without limitation a proposed sale, lease, loan, license, gift, bequest, assignment or
6 consignment, or as may otherwise be applicable for a given proposal.
7
8 Public Art/Artwork
9 1. Artwork created by an Artist, Artists, and/or a collaboration o ' ts and design
10 professionals, for a Public Place for the public to experien or fo a public purpose.
11 2. Art that is designed specifically for a public context or p ich, through a public
12 process, influences that context or place in a meani I wa
13 3. Artwork that is publicly visible and accessible dur' lar op g hours of the
14 City.
15
16 Public Place
17 Any structure or open space that is visible or accessib m ' right of way, such as a
18 sidewalk, streetscape, plaza, park, building, bridge, wate parking garage, or sports and
19 recreational facility. This Policy shall gov Artwork and/o ic Artwork in the following
20 Public Places:
21 1. City-owned park
22 2. City-owned open space or public ht of
23 3. City-owned pathway or trail syste
24 4. City-owned buil '
25 5. City owned p els
26
27 III. Review of Offers commendations to Planning
28 Commissio
29
30 1. Doc entation fo s of Pu rtwork
31
32 Written o to place Ar rk in a Public Place shall be made to the Planning Department and
33 forwarded t ppropri City department for review and comment, and to the appropriate
34 commission an rga ation.
35
36 a. Drawings, otos or written descriptions of the Artwork(s) to be placed (including
37 size, colors, weight, materials and any information to establish that the Artwork has
38 the requisite physical integrity to withstand public display and exposure to the
39 natural elements);
40 b. A written description of the background/historical information associated with any
41 art item, including but not limited to information about the creation of the Artwork(s)
42 and the artist (if applicable) who created it;
43 c. Artist biography;
2
1 d. A warrant of originality (if applicable);
2 e. The estimated value of each Artwork (including appraisals of the Artwork(s) if
3 available);
4 f. The anticipated date for the placement to occur and the length of time proposed for
5 public display;
6 g. A site plan indicating the location of the location of the proposed Artwork.
7 h. The anticipated life of displaying the Artwork(s) in a Public Place;
8 i. Environmental effects of the Artwork(s);
9 j. Proposed site and method of display (including any necessary caping,
10 landscaping, buildings, utilities, security devices, anchorin ot information
11 necessary to insure public safety);
12 k. Signage proposed for the Artwork, including size, let ng a terial. Signage shall
13 be limited to the artist's name, title, and date of o d, wh propriate, a
14 dedication with the name of the donor or len
15 I. Estimates of the costs of installing the Artw s) for public display, in but not
16 limited to: physical anchoring of structu r publi ' play, retrofit o xisting
17 buildings or improvements, landscaping, li se and maintenance, and
18 whether the City or donor will pay for such co
19
20 A failure to provide the information outl e may resul ity rejecting the offer to
21 place Artwork in a Public Place as insuffici tly nted to w nt City staff time to
22 evaluate the offer.
23
24 All information provided i ecord an ill be ava' ble for review at the Planning
25 Department during re r busin ours.
26
27 2. Process for Review b op and Planning Commission
28
29 Before ma4 ' menda o the Planning Commission, the Design Review Board will
30 conside e criteri rtwork ' n, Artwork location and site selection(s), and
31 docu ation for pla nt of Ar ork.
32
33 Then the P ' g Commi n must complete a review and approval for the Artwork proposal.
34
35 The following fac be used by the DRB and Planning Commission when considering the
36 selection of Artwor r installation in Public Places:
37
38 a. Qualifications—Artists may be selected based on their qualifications as demonstrated
39 by past work, and the appropriateness of their concepts to the particular project.
40 b. Quality—Of highest priority are the design capabilities of the Artist and the inherent
41 quality of the Artwork.
42 c. Artistic Value—Public Artwork shall have a recognized aesthetic value.
43 d. Media—All forms of visual arts should be considered.
44 e. Appropriateness to Site—Artwork designs shall be appropriate in scale, material, form
3
1 and content to their immediate social and physical environments.
2 f. Size and Weight for Outdoor Artwork—Public Artwork located in an outdoor Public
3 Place shall be of appropriate and suitable weight to sustain interaction with the
4 public.
5 g. Size and Weight for Indoor Artwork—Public Artwork located in an indoor Public Place
6 shall not interfere with any activities the public would normally use in the public
7 facility.
8 h. Appropriateness to City's Public Art Purpose—Artworks should address a
9 commitment to enhancing Public Places, creating a sense of and giving
10 character to neighborhoods.
11 i. Permanence—Consideration shall be given to structural face integrity,
12 permanence and protection of the proposed artwor ain t, vandalism,
13 weather, and excessive maintenance and repair s
14 j. Public Liability—Safety conditions or factors th ear on pub ility must be
15 considered in selecting an Artist or Public ork.
16 k. Diversity—Public Artwork shall strive for sity of e, scale, media d artists,
17 including ethnicity and gender of Artists se
18 I. Communication—The ability of the Public Art effectively communicate should
19 be taken into consideration.
20 m. Maintenance—Consideration iven to the t scope of maintenance
21 necessary to preserve the Publi rt Public PI .
22
23 3. Artwork Location and Site Selection
24
25 Artwork shall be locate a Pub lace appro ' te for such a purpose. Installation of the
26 Artwork shall be pla nd impl ented to e ce the work and allow for unobstructed
27 public viewing from as oi sible. The responsibility and method of
28 installation shall be describ Memo of Understanding ("MOU") between the City
29 and the do rtist. P 'al obstruction of growing trees, vegetation, shrubbery or
30 future c ruction e take count.
31
32 When s ' g Artwork ublic Places, the Design Review Board and Planning Commission
33 and respon departme s) shall consider:
34
35 a. Installa e Artwork shall be able to be properly installed in a Public Place where
36 it can be ed by the public in a safe manner.
37 b. Location—The Artwork shall be compatible with the design and location of the Public
38 Place. The Artwork shall also be compatible with the historical character of the site,
39 as well as the preservation and integration of the natural features of the Artwork.
40 c. Site Infrastructure—The Artwork shall be compatible with the site infrastructure
41 including, but not limited to, landscaping, drainage, grading, lighting and seating.
42 d. Impacts—The Artwork shall be compatible with adjacent property owners' views and
43 uses of their property and City operations. Consideration shall be given to noise,
44 sounds and light created by the Artwork.
4
1 e. Accessibility—The Artwork shall comply with Americans with Disabilities Act (ADA)
2 requirements in addition to related federal, state and local codes.
3
4 IV. Artistic Freedom of Expression
5
6 The City recognizes that free expression is crucial to making of works of Artwork of enduring
7 quality. At the same time, Artwork must be responsible to its immediate site in community
8 settings, relatively permanent in nature and funding sources. It is the poli of the City to
9 encourage free expression by artists consistent with due consideratio value, aspirations
10 and goods of the City.
11
12 V. Non-Discrimination
13
14 The City recognizes that cultural and ethnic diversity i senti I in programs s d by the
15 City, and seeks to be inclusive in all aspects.The Ci ill not d' riminate agains artist or
16 donor based on race, gender, ethnicity, age, soci ic cl eligion, sexu orientation,
17 abilities and politics, among other qualities.
18
19 VI. Compliance with Laws
20
21 The City reserves the right to require that p eme or in a Public Place comply with
22 all applicable laws and ordinates of City of U liforn d the United States of America.
23
24 Vll. lndemnificat'
25 The City has no obligation t, i aintain any offer to place Artwork in a Public
26 Place. The C' e right ermine, at its sole and absolute discretion, what Artwork(s)
27 offered t or p ' lay wi epted, displayed, or maintained by the City. If the City
28 elects ccept, displ /or ma in Artwork, it may require the following information as
29 con acceptance.
30 1. Pro cument n indemnifying and holding the City harmless to any liability as it
31 relates to rtw , including documentation that the City will not be held liable to any
32 damage incu the Artwork;
33 2. Written exp anation of legal issues, including but not limited to identifying the current
34 legal owner of the items,the existence of any copyrights, patents or other title rights in or
35 to the Artwork(s), such as any interests to remain with the artist or designer of the
36 Artwork(s), and an explanation of conditions or limitations on the item(s) and whether the
37 City or the donor will pay for such costs;
38 3. Any additional information the City deems necessary or appropriate to analyze the
39 offer.
5
1 VIII. Temporary Art
2 The City of Ukiah believes that the historic architecture found in Downtown Ukiah is art in and
3 of itself and should be respected as such. The same can be said of the surrounding context
4 including streetscape, parks, and other supporting features of the District. A cohesive whole has
5 been created that supports economic development, tourism, and cultural activities.
6
7 Because the historic resources and any temporary Public Art must share the same landscape,
8 the addition of the new must be harmonious with the old. Siting of te ary Public Artworks
9 must respect the historic setting with no tendency to overwhelm or o ive. It also cannot
10 cause physical damage to historic resources or other supporting f s of the Downtown.
11
12 The City encourages the development of context-sensitiv orary 'c Art installations
13 within the Downtown. Because the appearance of su a ations ca e a significant
14 impact on the Downtown's setting, the City has de oped guidelines to a licants in
15 proposing installations that complement the Dow 's sett'
16
17 1. Application
18 • An application must first be submitte to the appropri mmission for review and
19 approval prior to being undertaken. above.) Pro f temporary Public Art
20 within the Downtown shall be consid me mann other Public Art proposals.
21 • Applications will include a proposed ex ition 'nclu ing location(s), installation
22 and removal dates, design and installati I main ce plan, and removal plan.
23
24 2. Duration
25 • Temporary instal s are d ed by an ition period of less than twelve months.
26 Considerations for al a imum of three additional months will be
27 considered based upon p an ance.
28
29 3. Locat'
30 • I ations canno cure a ectural features, nor detract from the existing historic,
31 arc ral, and de context of the site and surrounding area. The installation must
32 respec istoric se g and have no tendency to overwhelm or be obtrusive.
33 • Installatio ould b laced in a site where they will enhance their surroundings or at
34 least not det hem. They should not be placed in a given site if the landscaping and
35 maintenance re ements of that site cannot be met with reasonable accommodations.
36 • Installations can ot damage existing surfaces. No direct painting of fences, walls, and other
37 surfaces will be allowed. Method of installation and attachment must be temporary, non-
38 intrusive and approved as part of the installation plan. All surfaces must be restored to their
39 previous state upon removal of artwork.
40
41 4. Design and Installation Plan
42 • A graphic representation of the proposed format and installation is required. Acceptable
43 forms might include photographic images of existing work to be installed, computer-
6
1 generated simulations, line drawings, color renderings, or other means of graphic
2 representation of the proposed installation that adequately conveys the nature of the
3 artist's proposal.
4 • A narrative description of the proposed format and installation, including discussion of
5 materials to be used and methods of construction and installation, must also accompany
6 the graphic representation.
7
8 5. Materials and Signage
9 • The material to be used for fabrication of the work shall be of a typ opriate to the
10 theme or concept of the proposed Artwork and should respect t urr nding natural and
11 building environments. The material shall require low mainte nd shall not include
12 any dangerous surfaces or materials.
13 • Accessories to the Artwork such as mounting hardware n ting s ot distract from
14 the Artwork. In the case of lighting, it must be non-fl nd non-mo nd cannot
15 create glare for passing drivers or pedestrians. All essories shall be dura require
16 low maintenance.
17 • Interpretive signage must be preapproved an co w' signage standards of the
18 appropriate commission or department.
19
20 6. Safety and Security
21 • Installations cannot block windows nor acc and egress from buildings.
22 Normal pedestrian and vehicular acces nnot ' e .
23 • The Artwork and accessories shall not pr attr hazard to the public, or be
24 positioned so as to cre ' d spot" re illegal ctivity might take place.
25 • Installations must ecure manner that they will not create potential hazards to
26 the public or sur ' g prop y.
27
28 7. Maintenance
29 • The ins II be k good repair for the duration of the exhibition period. Any
30 det ation, 'sm an maintenance issues shall be addressed in a timely
31 r by the Ar nd/or nsoring organization. Failure to properly maintain the
32 inst n will result otification for removal.
33
34 8. Removal
35 • Installations emoved by the approved deadline. The City may consider extending
36 exhibition peri for up to a maximum of three months based upon upkeep and
37 maintenance.
38 • The installation must be completely removed from the site, and all surfaces must be
39 restored to their previous state, upon removal of Artwork.
40
7