HomeMy WebLinkAbout1168 - Amending Sections Relating to Fence Height and Tree Shading Requirements1
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ORDINANCE NO. 1168
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER
2, ARTICLE 3, SECTION 9016.A, AND ARTICLE 16, SECTION 9178.B RELATED TO FENCE
HEIGHT; ARTICLE 4, SECTION 9037B.1.e, ARTICLE 5, SECTION 9052.6.1.e, ARTICLE 6, SECTION
9068.D.1.e, ARTICLE 7„ SECTION 9087.D.1.e, ARTICLE 8, SECTION 9101.D.1.e, AND ARTICLE 15,
SECTION 9170.7.E.5 RELATED TO TREE SHADING REQUIREMENTS.
The City Council of the City of Ukiah does ordain as follows:
SECTION ONE
Subsection A under "Fences" in Section 9016, Division 9, Chapter 2, Article 3 of the
Ukiah City Code is amended to read as follows.
Fences:
A. Fences shall be limited to a maximum height of seven feet (7'). Fences exceeding
seven feet (7') in height may be erected subject to the securing of a use permit.
Subsection B in Section 9178 in Division 9, Chapter 2, Article 16 of the Ukiah City Code is
amended as follows:
B. Fences and hedges and other screen planting, may be erected in any district, subject
to the following conditions:
1. Subject to the provisions of paragraphs 2 and 3 of this subsection, no fence
shall be constructed, and no hedge or other screen planting shall be grown
or permitted to grow, exceeding seven feet (7') in height measured from the
original grade on the lot.
2. No fence shall be constructed and no hedge or other screen planting shall
be grown or permitted to grow, exceeding three feet in height measured
from the original grade on the lot, in any required front yard or to the front of
any front setback line.
Fences exceeding seven feet (7') in height to enclose commercial or
industrial uses, or tennis courts, swimming pools, or similar areas, may be
erected subject to the obtaining of a use permit therefor.
3. The following sections and articles in Division 9, Chapter 2 of the Ukiah City Code:
a. Subsection B.1.e in Section 9037; Article 4;
b. Subsection D.1.e in Section 9052; Article 5;
c. Subsection D.1.e in Section 9068; Article 6;
d. Subsection D.1.e in Section 9087; Article 7,
e. Subsection D.1.e in Section 9101; Article 8; and
f. Subsection E.5 in Section 9170.7; Article 15 are amended to read as follows:
"Parking lots with twelve (12) or more parking stalls shall have a tree placed between
every four (4) parking stalls within a continuous linear planting strip rather than
individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be
deciduous species, and shall be designed to provide a tree canopy coverage of fifty
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percent (50%) over all paved areas within fifteen (15) years of planting. Based upon
the design of the parking lot, a reduced number of trees may be approved through the
discretionary review process."
SECTION TWO
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 July 20, 2016, by the following roll call vote:
AYES: Councilmembers Crane, Doble, Brown, and Mayor Scalmanini
NOES: None
ABSENT: Councilmember Mulheren
ABSTAIN: None
Adopted on August 3, 2016, by the following roll call vote:
AYES: Councilmembers Crane, Mulheren, Doble, Brown, and Mayor Scalmanini
NOES: None
ABSENT: None
ABSTAIN None
ATTEST:
14,3 1, Lt. A_14
Kristine Lawler, City Clerk
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Step en G. Scalmanini, Mayor