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Home My WebLink About06142017 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 14, 2017 6:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. The minutes of May 24, 2017 and May 31, 2017. 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 June 26, 2017 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING a. Continued discussion of Accessory Dwelling Unit Ordinance regulations in relation to AB2299, SB 1069, and AB 2406 and possible recommendation of approval to the City Council. 10. COMMUNITY DEVELOPMENT AND PLANNING DIRECTOR'S REPORT 11. PLANNING COMMISSIONERS' REPORT 12. ADJOURNMENT ADA ACCOMODATION: If you plan on attending the public hearing and need a special accommodation because of a sensory or mobility impairment/disability, or have a need for an interpreter, please call Cathy Elawadly at the City of Ukiah at (707) 463-6752 to arrange for those accommodations to be made. Page 1 of 1 CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 24, 2017 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Christopher Watt Laura Christensen Linda Sanders Mark Hilliker STAFF PRESENT OTHERS PRESENT Craig Schlatter, Community Development David Rapport, City Attorney and Planning Director Darcy Vaughn, Assistant City Attorney Kevin Thompson, Planning Manager Listed below, Respectively Adele Phillips, Associate Planner Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES Motion/Second: Sanders/V1/att to approve the Minutes of April 12, 2017 in their original form. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Sanders, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: Christensen. Motion/Second: Christensen/Watt to approve the Minutes of April 26, 2017, as submitted. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: Sanders. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS City Manager Sage Sangiacomo introduced new Community Development and Planning Director Craig Schlatter. 6. APPEALPROCESS Page 1 of 3 Minutes of the Planning Commission, May 24, 2017, Continued: Note: For matters heard at this meeting the final date to appeal is June 5, 2017, at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING a. Costco Wholesale: Request for a recommendation to the City Council 1) certifying the Project FEIR and Statement of Overriding Considerations that includes the Energy Analysis; and 2) and rezoning of the Project parcels from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial. Presenter: Kevin Thompson, Planning Manager. (PowerPoint presentation attached.) NOTE: Attachment 2 in the staff report was revised and is being included with the minutes for the record. PUBLIC HEARING OPENED: 6:20 P.M. Public Comment: Michael Okuma, Pinky Kushner, Susan Knopf, and Lee Kraemer. PUBLIC HEARING CLOSED: 6:28 P.M. Motion/Second: Watt/Hilliker to recommend City Council certify the Project FEIR and Statement of Overriding Considerations that includes the Energy Analysis. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, and Whetzel. NOES: Sanders. ABSENT: None. ABSTAIN: None. Motion/Second: Watt/Christensen to recommend City Council approve the rezoning of the Project parcels from Industrial/Auto Commercial and Light Manufacturing/Mixed Use to Retail Commercial. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, Sanders, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. b. Continued discussion of Accessory Dwelling Unit Ordinance regulations in relation to AB 2299, SB 1069, and AB 2406. Presenters: Darcy Vaughn, Assistant City Attorney and Kevin Thompson, Planning Manager. (PowerPoint presentation attached.) PUBLIC HEARING OPENED: 6:52 P.M. Public Comment: PUBLIC HEARING CLOSED: 7:00 P.M. Commission Consensus by majority gave staff the following direction relevant to the Accessory Dwelling Unit Ordinance: Page2of3 Minutes of the Planning Commission, May 24, 2017, Continued: • Explore secondary exits for two-story structures. • Review how other cities have addressed a secondary unit for planned development versus a residence. • Increase the maximum unit size to 1200 square feet. • Keep the existing owner occupied requirement. • Require a 30-day minimum lease. 10. PLANNING DIRECTOR'S REPORT Presenters: Craig Schlatter, Community Development and Planning Director and Kevin Thompson, Planning Manager. 11. PLANNING COMMISSIONERS' REPORT 12. ADJOURNMENT There being no further business, the meeting adjourned at 7:40 p.m. Cathy Elawadly, Recording Secretary Page 3 of 3 � Planning Commission 05/24/17 ACKGROUND �� • On J u ne 15, 2016, the State Cou rt of Appea Is issued its decision on the U kia h Costco case- Writ of Ma ndate • Resolution setting aside the Costco Project Environmental Impact Report, Addendum, Rezone and Site Development Permit • Recirculate Energy analysis only- 45 day comment period • The current proposed action by the Planning Commission is first step in the process of reapproving the Costco project GENDA Two ite m s re I ate d to t h e Costco re-a rova I pp 1 . REZONING- Provide comment, accept public comment, and make recommendation of approval on the rezoning of the Airport PD 2 . FEIR- a . Provide comment, and accept public comment on FEIR b. Statement of overriding considerations Provide a recommendation of certification on both CEQA items • • Project proposes to rezone the site from Industrial / Auto Commercial and Light Manufacturing / Mixed Use to Retail Commercial 15 . 30 Acres Planning Commission 05/24/17 �4ir�ort Ir�dustrial Park Land lJse De�ignation Map 5 {r I - Proposed Zoning �Imegr RoN ' � ° � _ -� � II 1� , � �.. � � � --�— �� n � I _ �, � � 0 r � � 6� � I Q � ❑ p� � �egend � _ PrnTeeelanal 'y cm�. � Hiphwq� C,omrn�rtl�l � �pmlmxcl�l J _ [NtlU!lfY�l I f _ IRtlWtI'IY � hUk4 CVmrnxriil ilptA Ilanu�aciuAnp M ixaa u�r _ 6pen Epdee � Planning � Commission ° �` �° '� OS/24/17 5rue i�. Guu Project Site Existing and proposed open space . `- �•,;;;;;,,r.�-�-� "` ' � ; ,' :+.• . • ' �� ,i�+ ' , �r. + � � � � 1:ti. r"� . �7T#? • � i � G,'r: �C- - :#S L`Ei?Qr�' — — 1 � � r � 7C�9� + . � � , ,LL�.,� �. —� � ' ' � F • r�, —- —_ _ • ' ' r'ti "'i 4 . � ,_ ; , , � � *+ � j - _. - ' - � � - t � ,■�� i ,, , r ''i� `} �� s�,wi+r �1T1 :LT f" I [:!1 :,7 i 4 M* ir �M ��-iiZ� I �Fti+ii ,.. ��_ ax _ '� '�' _ �� .` � � � . ' . � � -- . �i ,�'� r ' � � I i/'I . e� � ' �, _ �- - - !:� • _ ''. � ,�_� -• � ' . : � t�a}�#'7� _�_ ——�'— � + " N46'u'4l7� � — � � . ��- .. - - � # � e.� � . �.ti'� - ,;�� ' Futur,e �� , ! ' . .:i i ' ' • ••i.ti. �rt . '� � � � � BL'�. 1 � '; ,.��;•Y,.,r � � ..�,:, � . .� . Wetland �� as��, � ' ', � + �y� �� : ��, �;��' � #� Restoration ~ ,�' -: :�;r '': � � , �s` . �� = " ; „�.•.e�� Current � �� _. � �� ,. � ,� Open Space ti s , � 4 • 5L i � .a, � . . � �, . -. � -��.a ��r i ,�� ` �e, � � , '� !� � �:- # �'' �. -- �.. 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' � �' ��o-' x�' � '� • � � �� f f _ �,�o R �.�� ' �� C�STC� �•�� fOp�FIN�PR�R'fY UiE S9te Location ' "`—._ � " g�T7 LRC T! o s5o soo * � �`��'�`r PR4P0�0 l�GAp�'�Y L� 1 � P.��. �M��.� F..� � �` �,,t � �� '� �� '� �� P I a n n i n d o.e�fL��m� ' � /}�n� �J .� � �. ,�„ ar N Public Warks ' if - Rp� �1�� b ..........�.:��w..,on,�L..�.,.,� ._._....�.._,...�� :�f��„-,��y s�v,��.a_,_��.., _s ,�„ .,:..., ._ � �� Commission 18.8 Acres 05/24/17 2014 Agreement • Recirculated the Energy Analysis for the required 45-CIa�/ perIOCI (February 13, 2017 to March 29, Zo1�� Received 4 comment letters that were addressed in the FEIR �atta�nment4� Provide comments and take public comments on the FEIR Make a recommendation of certification of the FEIR FIHAL ..�r.qee� Reclrtulatrd Partlal Emkwmensa!Impact Rqerc 5CH y 2011�12025 +.nb w Cley ellAW� 3ou 5.......y R..... uFW�[.Ye....9s1e] �N °�°EK Planning �� Commission APRIL 7A17 05/24/17 . tatement o Overri i n Consi erations � • A project with significant and unavoidable impacts may be approved if the economic, legal, social, technological or other benefits of the proposed project outweigh the significant and unavoidable impacts. • Fiscal Benefits • Increased Area Employment • Wages and Benefits • Construction Employment • City Objectives Staff requests Planning Commission provide a recommendation of approval on the Statement of Overriding Considerations by identifying potential benefits of the Project. H E P ROCESS---- N EXT STE PS Comply with the Writ of Mandate "Citizens for Safety First v City of Ukiah et.al." Set aside all previous approvals and recir. City Council 11/16/16 Recommendation from PC (5/24) 1. Rezone 2. FEIR & State of Overriding City Council (6/7) 1. Introduce rezoning 2. Certify FEIR City Council (6/21) 2nd Reading rezoning amend Planning Commission Site Development Permit ECOM M EN DATION 21TEMS A. Take public comment on the rezoning of the AIP PD. 6. Make a recommendation to Council for amendment of the AIP PD (as a mended ma p) . C. Consider public comments on recirculated energy portion of EIR. D. Make recommendation to CC on certification of FEIR and Statement of Overriding Considerations. Planning Commission OS/24/17 A.ttachment # ��_� ORDINANCE NO. 1146 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (AIP) Planned Development Ordinance is to establish an "Open Space" land use designation and to change the Land Use Designation on 2.47 acres of land currently zoned designated Light Manufacturing/Mixed Use to "Open Space" in order to preserve and protect an existing pond and wetland area. Section Two The change in the land use designations will decrease the amount of land designated Light Manufacturing/Mixed Use +/- 2.47 acres and create +/- 2.47 acres of land designated "Open Space." Section Three This amendment to the Airport Industrial Park Planned Development Ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15307, Class 7 (Actions taken by Regulatory Agencies for Protection of Natural Resources and 15308, Class 8 (Actions taken by Regulatory Agencies for Protection of the Environment). Section Four The overall purpose of the Airport Industrial Park Planned Development is to provide for a coordinated development of compatible industrial, office, and commercial land uses, and to protect and preserve the pond and wetland area within the AIP. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. The AIP Planned Development is consistent with the "Master Plan" land use designation for the property contained in the Ukiah General Plan. Section Five This ordinance also formally amends the Land Use Map (Exhibit "A") that illustrates which land use designations are assigned to the various properties throughout the Airport Industrial Park. The map shows the approximate +/- 2.47 acres of pond and wetlands east of Airport Park Boulevard in the southern portion of the Park being re-designated from "Light Manufacturing/Mixed Use" to "Open Space."The approximate 1-acre parcel of land between the pond and Airport Park Boulevard remains "Light Manufacturing/Mixed Use" Exhibit "A-1" shows the land area designated "Open Space" in detail. The land use designations apply to the 138- acre Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northwest portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 12.6 acres). 2. Hiqhwav Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 1 3. Retail Commercial: Applies to 13.44 acres north of Commerce Drive, and approximately 38.71 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east(approximately 52.3 acres). 4. Industrial: Applies to the property situated at the southern end of the Airport Industrial Park (approximately 18.3 acres). 5. Industrial/Automotive Commercial: Applies to approximately 3.9 acres east of Airport Park Boulevard between Retail Commercial designated lands located on the north and south ends of the Airport Industrial Park Planned Development. These approximately 3.9 acres include APNs 180-080-56, 180-080-60, 180-080-61. 6. Liaht Manufacturina/Mixed-Use: Applies to the lands west of Airport Park Boulevard south of Commerce Drive. Includes the (2) acres adjacent to and north of the existing Mendocino Brewing Company parcel, and the approximate one (1) acre west of and adjacent to the existing pond. It also includes the approximate 3.27 acres east of Airport Park Boulevard south of the Retail Commercial designated lands and north of the existing pond (approximately 32.8 acres). 7. Open Space: Applies to the +/- 2.47 acres of pond and wetlands east of Airport Park Boulevard in the southern portion of the Park. 8. Roads and landscapinq: Approximately 14.2 acres. 9. Total Acreaae AIP: Approximately 138 acres. Section Six The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 4, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1992, the City Council adopted a revised Ordinance (929) to allow "General Commercial" in addition to the approved "Highway Oriented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Drive on the south, and Airport Park Boulevard on the west. This Ordinance also created the Planned Development Ordinance out of what was previously a Use Permit. On June 19 1996, the City Council adopted Ordinance 964, which amended the AIP Planned Development to make it a more organized and useable set of regulations. On October 30, 1996, the Planned Development was amended again by the adoption of Ordinance 964, which created an Industrial/Automotive Commercial Land Use Designation for the 16 acres directly south of the home improvement center/hardware store facility east of Airport Park Boulevard. On April 2, 1997, the Planned Development was amended by the adoption of Ordinance 991, which permitted drive-thru restaurants on the lands designated as Highway Commercial. On November 3, 1999, the Ordinance was amended by Ordinance 1024 to designate the 32 acres south of Hastings Avenue and west of Airport Park Boulevard as Industrial/Mixed-Use. On September 6, 2000, the Ordinance was revised by Ordinance 1030 to list hotels and sit-down restaurants as "allowed" uses in the Professional Office Land Use Designation. On January 7, 2004, the Ordinance was amended by Ordinance 1051 to change the "Industrial Mixed Use" designation to "Light Manufacturing/Mixed Use," and to establish new standards for commercial, professional office, light manufacturing, and low density residential land uses in the Light Manufacturing/Mixed-Use area that are separate from those contained in Section "G" of this Ordinance. On August 1, 2007, the Ordinance was amended by Ordinance 1098 to change the land use designation on approximately 14.5 acres of land in the southern portion of the Airport Industrial Park Planned Development east of Airport Park Boulevard. Ordinance 1098 changed the land use designation of approximately 8 acres of land designated Industrial/Automotive Commercial to Light Manufacturing/Mixed Use, and changed the land use designation of approximately 6.5 acres designated Industrial to Light Manufacturing/Mixed Use. Ordinance 1146 adopted on January 15, 2014 changed the land 2 use Designation on: 1) approximately 4.1 acres that was designated Industrial/Automotive Commercial to Retail Commercial; and 2) on approximately 11.2 acres of Light Manufacturing/Mixed Use to Retail Commercial in order to allow the development of the Costco Warehouse and Fueling Station Project. The change in the land use designations increased the amount of land designated Retail Commercial by +/- 15.3 acres and decreased the amount of land designated Industrial/Auto Commercial by +/- 4.1 acre. It also decreased the amount of land designated Light Manufacturing/Mixed Use +/- 11.2 by acres respectively. Section Seven Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, low density residential, office, and open space land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan Master Plan land use designation. Section Eiqht The Development Map (Generalized Land Use Map) for this Planned Development, as well as the design guidelines and development standards constitute the Concept Development Plan, as required by Article 14, Chapter 2 (Zoning) of the Ukiah Municipal Code. The Development Map (Generalized Land Use Map) attached as Exhibit "A", is approved. The Traffic Circulation Plan for this Planned Development is discussed in Section "I" on page 24, and the Circulation Map, attached as Exhibit "B", is approved. Section Nine Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. Section Ten Amendment to this ordinance requires City Council action. All Major Variance, Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor permits are subject to the review and action by the City Zoning Administrator. Decisions on Major and Minor Variance, Site Development and Use Permits made by the City Planning Commission or Zoning Administrator are appealable to the City Council pursuant to section 9266 of the Ukiah Municipal Code. Section Eleven Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Twelve This version of the Airport Industrial Park (AIP) Planned Development supersedes all past versions, and shall govern and regulate the growth and development within the AIP. Section Thirteen The regulations for this Planned Development, as required in Article 14, Chapter 2 (Zoning), of the Ukiah Municipal Code are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated 3 with manufacturing, wholesaling, or non-retail business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. c. Wholesaling and Related Uses - includes establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers. d. Contractor's Offices - includes business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. e. Agricultural - allowed as a continuation of the existing land use, including all necessary structures and appurtenances. f. Research and Development Laboratories, and computer and data processing. g. Accessory Uses and Structures - activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. 2. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size, and do not exceed 20 percent of the total land dedicated to the Industrial Land Use Designation: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire stations, and government offices. g. Repair Services - includes repair services such as radio and television, furniture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.V., and microwave stations. B. PROFESSIONAL OFFICE DESIGNATION 1. Purqose 4 The purpose of the Professional Office Land Use Designation is to provide opportunity for a variety of business and professional offices, as well as a limited number of highway commercial land uses. Land uses such as child care facilities, delicatessens, and small retail stores and shops are intended to be ancillary components to professional office development projects, and the limited highway commercial land uses. 2. General Reauirements a. Child care facilities, delicatessens, and small commercial retail stores and shops shall not exceed 20 percent of the total developable square footage of any one parcel. The resulting square footage that comprises this 20 percent shall only be developed with individual store/shop spaces that do not exceed 2,000 square feet in size. 3. Allowed Uses The following uses are allowed in the Professional Office designation with the securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office support services - includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. d. Retail commercial in the built-out northwest portion of this area outside the boundaries of the Redwood Business Park. e. Hotels and sit-down restaurants (no drive-thru restaurants). 4. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen and sandwich shop. b. Small grocery or convenience store. c. Small retail commercial stores and shops of 2,000 square feet or less, and in combination not exceeding 20 percent of the total developable square footage on a parcel. C. HIGHWAY COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down and drive-thru restaurants, service stations, and other similar uses that provide services and merchandise primarily to highway travelers. b. Retail commercial stores. D. RETAIL COMMERCIAL DESIGNATION 5 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. c. Delicatessen, sandwich shop, and ice cream parlor. 2. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Restaurants (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. E. INDUSTRIAL/AUTOMOTIVE COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Site Development Permit: a. All the allowed industrial uses listed in Item A (1)above. b. Automobile dealerships, except for those that exclusively sell used vehicles. 2. Permitted Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Use Permit: a. All the permitted industrial land uses listed in Item A(2) above. b. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). c. Automotive service (gas) station. d. Small grocery store, mini-market, or convenience store. e. Uses related to automobile dealerships such as tire stores, autoparts stores, car- washing facilities, automobile repair business, etc. F. LIGHT MANUFACTURING/MIXED-USE DESIGNATION 1. Purpose and Intent The purpose of the Light Manufacturing / Mixed-Use land use designation is to provide for a compatible mix of light manufacturing activities, commercial land uses, professional offices, and limited low-density residential uses. The intent is to provide an opportunity for a diversity of land uses to locate near each other that would typically be viewed as incompatible, but because of creative site planning and design, they can function in harmony without adversely impacting one another. For example, the Ordinance permits "live-work" land uses where small dwelling units can be incorporated into low intensity 6 light manufacturing or warehousing operations. There is also opportunity for low-density apartments to be situated above commercial shops and professional offices. The purpose of the Light Manufacturing / Mixed-Use designation is also to promote Smart Growth and New Urbanism planning techniques. The Ordinance contains design standards that will lead to the development of office, light manufacturing, commercial, and residential uses in a pedestrian oriented, aesthetically pleasing, mixed-use neighborhood. The Ordinance requires light manufacturing land uses, if proposed, to be situated along the railroad tracks on the rear of the parcels, and to develop other land uses along the front of the parcels on Airport Park Boulevard, except for the parcels east of Airport Park Boulevard where light manufacturing land uses can occur anywhere on the parcels with the required yard setbacks. The majority of parking facilities are required to be situated in-between the light manufacturing and commercial land uses in the middle of the parcels, rather than along the Airport Park Boulevard frontage. The land uses along Airport Park Boulevard are held to a higher design and site planning standard than the light manufacturing land uses, because it is situated in the more visible location, and because light manufacturing land uses are highly desired and a lesser design standard provides an inherent incentive. It is possible to develop full light manufacturing, office, or commercial land uses on a parcel, provided they are laid out and designed to be compatible with surrounding land uses. Professional office and commercial land uses, if proposed as stand along developments must adhere to a high site planning and design standard. The regulations are intended to create a compatible mix of land uses with ample landscaping and strategic open areas, pedestrian walkways, and attractive architecture in an inviting scale, with hidden parking and practical functionality. 2. General Requirements a. Light manufacturing and warehousing land uses should be located along the railroad tracks on the western portion of the current parcels or anywhere on the designated parcels east of Airport Park Boulevard with the required yard setbacks. Light manufacturing and warehousing can be situated along Airport Park Boulevard if it conforms to the site planning and design standards for commercial development. b. The majority of parking spaces for mixed-use development shall be located in- between the light manufacturing/warehousing land uses and the land uses along Airport Park Boulevard. Every attempt shall be made to create parking that cannot be seen from public streets. c. Shared access is strongly encouraged between land uses on the same and adjacent parcels to reduce encroachments onto Airport Park Boulevard. d. Street trees and a meandering sidewalk are required along Airport Park Boulevard. e. The architectural facades for buildings situated along and facing Airport Park Boulevard shall be consistent with Section 5(f) of this Subsection, and shall be designed to soften height, bulk, and mass. f. The orientation, height, and design of buildings, as well as the theme for property development shall be based on creating compatibility between land uses. g. There is opportunity for low density residential land uses such as apartment units above offices or commercial spaces, but densities are limited west of Airport Park 7 Boulevard because of airport constraints to a total of 60 people per acre on a given parcel. 3. Permitted Land Uses a. Notwithstanding Subsection "K", all light manufacturing, commercial, professional office, low density residential, and mixed-use projects require the securing of a Use Permit from the City Planning Commission. The Use Permit process shall include an analysis of site planning and architecture, pursuant to Section 9262 of the Ukiah Municipal Code. 4. Repuired Findinps a. Prior to approving a Use Permit for a project situated on land in the Mixed-Use designation, the Planning Commission and/or the City Council shall make the following findings: 1. The proposed land use is consistent with the goals and policies of the Ukiah General Plan, the provisions of the Airport Industrial Park Planned Development Ordinance, the Ukiah Municipal Code, and the Ukiah Airport Master Plan. 2. The proposed land use is compatible with surrounding land uses and will not be detrimental to the public's health, safety and general welfare. 3. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) to avoid monotony and/or a box-like uninteresting external appearance. 4. For all land uses other than light manufacturing, there is uniqueness and an exemplary approach to the site planning, design, and architecture, consistent with the Site Planning and Design Standards contained herein, that results in a quality and sophisticated development. 5. The Findings shall not be vague. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. 5. Site Planninq and Desiqn Standards - Commercial Development The following site planning and design standards are specifically adopted for the Light Manufacturing/Mixed-Use Land Use Designation. They shall apply to all commercial, professional office, low-density residential, and mixed-use development projects not involving light manufacturing/ warehousing unless it is situated along the Airport Park Boulevard street frontage. The Development Standards contained in Section "G" and the Design Standards in Section "I" of this Ordinance shall apply to the Light Manufacturing/Mixed Use designation unless superseded by the following specific standards: a. Yard Setbacks: 1. Front: 25 feet from the Airport Park Boulevard right-of-way. Architectural features, such as bay windows, porches and landing spaces, column treatments, and similar features may extend up to two-feet into the required front yard setback. 2. Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited to Building Code requirements, traffic circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with 8 adjacent structures and land uses. 3. Relief: Relief from the front yard setback requirements may be granted through the approval of a variance, pursuant to Chapter 2, Article 20 of the Ukiah Municipal Code. b. Maximum Building Height: 1. The maximum height of any building or structure shall be 40 feet, provided it complies with the side-slope criteria for the Ukiah Airport. 2. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. 3. Relief: Relief from the height standards may be granted through the discretionary review process if a finding is made that the proposed height is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. c. Minimum Lot Area: 1. The minimum lot area for parcels in the mixed-use area shall be determined through the subdivision and/or discretionary review process. In no case shall lots be created that are less than 20,000 square feet in size. d. Maximum Lot Coverage: 1. Commercial and mixed land uses may cover up to 40 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AIP Planned Development Ordinance. 2. Relief: Relief from the lot coverage standard may be granted through the discretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. e. Building Orientation: 1. Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. 2. Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, and functionality. f. Architectural Design: 1. Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. 2. Architectural features such as arches, raised and decorative parapets, decorated and flared cornices, extended eaves and overhangs, balconies, entry insets, and a variety of roof angles and pitches are required to make buildings unique and interesting. 3. Windows shall be used to break up the mass and volume of buildings into smaller components. Buildings shall use different shaped and framed windows in a coordinated theme. Awnings and other attractive window treatments are 9 strongly encouraged. 4. All four elevations of buildings shall incorporate the architectural design requirements listed above in a reasonable and feasible manner. 5. The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature. Colors of buildings shall be compatible with adjoining buildings. 6. Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. g. Signs: 1. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. 2. Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed twelve feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have the discretion to limit its height to less than twelve feet from finished grade. No pole signs are permitted. Freestanding signs shall have a decorative support base. 3. The size and amount of signs shall generally comply with the requirements of the Ukiah Municipal Code (UMC). The Planning Commission shall have the discretion to reduce the size and amount of signs to something less than permitted by the U.M.C. if they make a finding that the proposed size and amount of signage is out of scale with the building and too dominating on the site. 4. Signs are not permitted on the roof or projecting above the roof of any building. 5. Relief: Relief from the sign standards may be granted through the discretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. h. Pedestrian Orientation: 1. Pedestrian walkways shall be included that directly and safely link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. 2. Outdoor pedestrian spaces shall be landscaped and include such features as planters along sidewalks, pedestrian oriented signs, attractive street furniture, low-level lighting, and outdoor seating areas. 3. Lots with frontages along the primary street shall provide a 5-foot wide meandering sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link 10 developments with attractive and accessible pedestrian facilities. 4. Secondary streets accessing the rear portion of parcels shall include 5-foot wide sidewalks or alternative pedestrian facilities that link the development on the rear portion of the parcels with Airport Park Boulevard. i. Lighting: 1. Exterior lighting shall be subdued and of low wattage. It shall enhance building design and landscaping, as well as provide safety and security. 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. 3. Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be prohibited. 4. Lighting fixtures, standards, and all exposed accessories shall be harmonious with building design, and innovative in style. 5. All pedestrian and building access areas shall be adequately lighted to provide safety, security, and aesthetic quality, without violating number 2 above. j. Energy Conservation: 1. Passive solar orientation is required. Active solar design is strongly encouraged. 2. Deciduous trees and/or other vegetation shall be planted on the south side of buildings whenever feasible to increase energy efficiency. 3. Sunlight shall be used for direct heating and illumination whenever possible. 4. Solar heating equipment need not be screened, but shall be as unobtrusive as possible and complement the building design. Every effort shall be made to integrate solar panels into the roof design, flush with the roof slope. k. Outdoor Storage and Service Areas: 1. Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. 3. If trash and recycling areas are required in the discretionary review process, they shall be designed to harmonize with the building and landscaping, and shall be consistent with the size and design requirements of the Ukiah Municipal Code. I. Landscaping: 1. Landscaping shall comply with Section "I" of this Ordinance. 2. Landscaping Plans shall include outdoor shaded sitting/resting areas for employees and the general public, unless infeasible. m. Ukiah Airport Master Plan: 1. All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements ( i61" 11 Compatibility Zone = 60 persons per acre / iC . Compatibility Zone = 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. n. Public Utility Easements, Public Streets, and Access Driveways: 1. All Public Utility Easements, Public Streets, and Access Driveways shall comply with Section "H" of this Ordinance. 6. Site Planninq and Desipn Standards for Liqht Manufacturinq and Industrial Development The Site Planning and Design Standards for Light Manufacturing and Industrial development are less demanding than those for commercial, professional office and mixed-use development. The lesser design standards are meant to encourage and promote light manufacturing and industrial development, particularly along the western portion of the parcels. The Following Site Planning and Design Standards shall apply to all Light Manufacturing and Industrial Development: a. Yard Setbacks: 1. Front: 25 feet from the Airport Park Boulevard right-of-way if located along the frontage. If the development does not have frontage along Airport Park Boulevard, and is served by a private access easement, the front yard setback shall be determined in the discretionary review process. Architectural features, such as bay windows, porches and landing spaces, column treatments, and similar features may extend up to two-feet into the required front yard setback. 2. Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited, to Building Code requirements, traffic circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with adjacent structures and land uses. 3. Relief: Relief from the front yard setback requirements may be granted through the approval of a variance. b. Maximum Building Height: 1. The maximum height of any building or structure shall be 50 feet, provided it complies with the side-slope criteria for the Ukiah Airport. 2. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. 3. Relief: Relief from the height standards may be granted through the discretionary review process if a finding is made that the proposed height is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. c. Minimum Lot Area: 1. The minimum lot area for light manufacturing and industrial development parcels in the mixed-use area shall be determined through the subdivision and/or discretionary review process. In no case shall lots be created that are less than 20,000 square feet in size. d. Maximum Lot Coverage: 1. Light manufacturing and industrial land uses may cover up to 60 percent of a lot 12 provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AIP Planned Development Ordinance. 2. Relief: Relief from the lot coverage standard may be granted through the discretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. e. Building Orientation: 1. Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. 2. Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, and functionality. f. Architectural Design: 1. Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. 2. The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature. Colors of buildings shall be compatible with adjoining buildings. g. Signs: 1. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. 2. Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed eight feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have the discretion to limit its height to less than eight feet from finished grade. No pole signs are permitted. 3. The size and amount of signs shall comply with the requirements of the Ukiah Municipal Code (UMC). The Planning Commission shall have the discretion to reduce the size and amount of signs to something less than permitted by the U.M.C. if they make a finding that the proposed size and amount of signage is out of scale with the building and too dominating on the site. 4. Signs are not permitted on the roof of any building. 5. Relief: Relief from the sign standards may be granted through the discretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. i. Lighting: 1. Exterior lighting shall be subdued. It shall enhance building design and landscaping, as well as provide safety and security. 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. 3. Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be 13 prohibited. k. Outdoor Storage and Service Areas: 1. Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. I. Landscaping: 1. Landscaping shall generally comply with Section "I" of this Ordinance, although a lesser amount of landscaping may be approved depending upon the scale, intensity, and visibility of the development. m. Ukiah Airport Master Plan: 1. All development within the Airport Industrial Park shall comply with the Ukiah Municipal Airport Master Plan. n. Pedestrian Orientation: 1. Pedestrian walkways shall be included that directly link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. 2. Lots with frontages along the primary streets shall provide a 5-foot wide meandering sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. 3. Secondary streets accessing the rear portion of parcels shall include 5-foot wide sidewalks or alternative pedestrian facilities that link the development on the rear portion of the parcels with Airport Park Boulevard. G. OPEN SPACE 1. Purpose The purpose of the Open Space land use designation is to provide for the protection and preservation of an existing pond and wetland area and its habitats, to provide contrast to the built environment, to preserve the existing scenic qualities of the area, and to preserve capacity and water quality of the storm water drainage system. 2. General Requirements All areas designated "Open Space" shall be kept in their natural state except for areas already disturbed with drainage or utility infrastructure, in which case maintenance and repairs may occur. Otherwise, no development is allowed or permitted. 3. Allowed Uses The following uses are allowed in the Open Space designation: a. Open Space b. Maintenance and repair of existing drainage and utility infrastructure. c. Restoration of wetlands including, but not limited to removal of non-native vegetation and the replanting with native wetland plant species. d. Trash removal 4. Permitted Uses 14 The following uses are permitted in the Open Space designation with the securing of a Minor Use Permit: a. None 5. Minimum Lot Size Requirement a. None 6. Prohibited Uses a. Construction and development b. Public Access c. Off-Road vehicle activity, except for City vehicles d. Application of pesticides and/or herbicides H. NUISANCES 1. No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below: a. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by standards prescribed in the Ukiah Municipal Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. e. Any use producing emissions shall comply with all the requirements of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and all local Laws and regulations. 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. I. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. 15 1. Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. 2. Maximum Lot Coverape No more than 40 percent of the lot shall be covered by buildings or structures. Above ground parking lots and landscaping areas shall not be included in the calculation of lot coverage. Industrial land uses may cover a maximum of 60 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AIP Planned Development Ordinance. 3. Minimum Buildinq Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a minimum setback of 60 feet from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development or Use Permit review process. 4. Maximum Buildinq Heiqht The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. 5. Ukiah Airport Master Plan All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements ( 161" Compatibility Zone = 60 persons per acre / lC ! Compatibility Zone = 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. 6. Screeninq Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. 7. Public Utilitv Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. 8. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvilinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. 16 9. Bicvcle Lanes Class III Bicycle lanes shall be provided on all primary streets according to CalTrans standards. 10. Development Intearation Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. 11. Reauired Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and Site Development and Use Permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. 12. Street Width Standards The following street standards have been established by the Ukiah Department of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement 1. Right-of-way 66 feet 44 feet 32 feet 2. Pavement 64 feet 40 feet 30 feet a. travel lanes (2) 14 feet 20 feet 15 feet b. left turn lane 12 feet 12 feet 3. Curbs (both sides) 1 foot 1 foot 4. Cul-de-sac (turn-arounds) 100 feet diameter 5. Curb Returns Radius 35 feet 35 feet 13.Access Drivewavs and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for the parcel or parcels located at the southeast corner of Talmage Road and Airport Park Boulevard. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. 14. Minimum Parkinq and Loadina Requirements 17 a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the approved use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a Mixed-use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 15. Sianaae Except as indicated elsewhere in this Ordinance, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. All proposed development projects shall include a detailed sign program. J. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscapinq and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be proportional to the building elevations. g. Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native species are strongly encouraged. h. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in three years. 18 I. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. j. 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 50 percent over all paved areas within ten years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. k. Parking lots shall have a perimeter planting strip with both trees and shrubs. I. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. m. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. n. All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless because of the small size of a parcel, such coverage would be unreasonable. A minimum of 50 percent (50°/a) of the landscaped area shall be dedicated to live plantings. o. Landscaping Plans shall include an automatic irrigation system. p. All required landscaping for commercial development projects shall be adequately maintained in a viable condition. q. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a Landscaping Plan depending upon the size, scale, intensity, and location of the development project. 2. Orientation and Location of Buildinqs a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. 3. Architectural Desiqn a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. 19 b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. 4. Buildinp Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. 5. Liqhtinq a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. All lighting plans shall emphasize security and safety, and shall minimize energy usage. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, adjacent properties, or upwards towards the sky. 6. Desiqn Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty(50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. K. CIRCULATION PLAN The Circulation Plan for the Airport Industrial Park is illustrated on the attached Exhibit "B". As shown, the plan includes points of access at Talmage Road at the north, Hastings Avenue at the northwest, and Airport Road at the southwest. In lieu of the originally envisioned southern access road (Airport Park Boulevard to Norgard Lane) an emergency access is provided through the airport to a future gated encroachment along the southern portion of Airport Road. Internal access includes an extension of Airport Road from the west into the southern portion of the site; Airport Park Boulevard from Talmage Road on the north, extending south to intersect with the Airport Road extension; and Commerce Drive from west to east in the northern portion of the AIP. All streets within the AIP shall be public. Property owners of parcels with frontage along the railroad right-of-way are encouraged to plan for possible future use of the railroad. L. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (AIP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development Permit or Use Permit is required for development projects proposed in the AIP. 1. Site Development Permits and Use Permits a. As articulated in Section 9 above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon 20 the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. b. All Major Use Permits, Variances, and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor Use Permits, Variances, and Site Development Permits shall be subject to Zoning Administrator review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission and Zoning Administrator are appealable to the City Council pursuant to Section 9266 of the Ukiah Municipal Code. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Planning Commission's decision on major modifications to an approved Site Development Permit, Variance or Use Permit is appealable to the City Council. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit, Variance or Use Permit is appealable directly to the City Council. 2. Buildinq Modifications a. Exterior modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be required for all substantial exterior modifications to existing structures, site design elements, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in Article 20 the Ukiah Municipal Code. Section Fourteen Whenever a use is not listed in this Planned Development Ordinance as a permitted or allowed use in any of the land use designations, the Planning Director shall determine whether the use is appropriate in the land use designation where the subject property is situated, and make a decision as to whether or not it is an allowed or permitted land use. In making this determination, the Planning Director shall find as follows: 1. That the use would not be incompatible with existing nearby land uses, or the allowed and permitted land uses listed for the particular land use designation. 2. That the use would not be detrimental to the continuing development of the area in which the use would be located. 3. That the use would be in harmony and consistent with the purpose and intent of the Airport Industrial Park Planned Development Ordinance and Ukiah General Plan. 4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted in any land use designation within the Airport Industrial Park shall 21 be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director's actions are final for the City of Ukiah. Section Fifteen This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on June 7, 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on June 7, 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 22 � � � • • • � � � ' � • . • ��I�G�1��','�� —�,a�,�,,,� � � �� ,�., `�,� .� ��1� � � -_ �i� � ��'� j ��I • •111 �1111� �� i : r ��I . �•� � ��'!� 1 ;�� ,�■ I �: . � � � ��) � . �; -�--� _ : ��`�� L �� :: � �� , ��■ � e--�� '� �, ■ � �+�� _ �,- .�� _��I�� 1:� - �� ' — �w ��~�, �� s��, � �. .��-�—� _ � �, , � . � �_�i�� . .i ■ �` � � �� --� � �'1� - . - . �� . ' �. ►� � I �� ..• , . �••�• I� r..r a . �� •� ♦ �•. �►.��j '��•:�.. � ''�:,/11�,� '�'%!:•� '� ♦ 11►• ��u► •.�� \� � �� i,�,� ,� �� ... .. :�i�'':��::. � ��1��,111 -��i��..��1� ,-� /� \I , „ .�, ,. . � � � • � <�,q � � .� _ ,� �: '�: / � � �. ��" "� �p ,s& �� a �'-.� , � ��:, ' 't% . t�'-'., .,.a � ` [.. ��: � ' . ,� _ , - . 5a . � _ i k {� � � VY1 .. . . . - ��E � }_ '�� _ • ' . . . �� .Nt"'�!�L T��!*, I�' . ' .. ..:=� �. � � ,, � � � v i �� 14�M �� . , ''� 5 1 S��_��`_ � �� . , _� ' � .� - ,� I �� "-' . . . , . . , , � -� . . �-. � � � ' � � � r, ~� . .. .^�� ,,.�: �. `� k: . - ' � Y „ ` � � , �}��- � -� � 4? �-�,� �� ,�=^ �. . —�� , d, , a»� x ; a»� `;:� -'rS�+. f:�w�- . �` � • • � � AC KG R 0 U N D • Effective 1/1/17 AB 2299, SB 1069, and AB 2406 • Legislative intent to simplify and encourage construction of second units or ADUs • Significantly affect the City's authority to regulate development of second units • Council directed staff to bring the item to the PC • Planning Commission reviewed and provided direction on April 12, 2017 _-., � .� . - _ _ _ � �==_. � - -- P annin Commission Ro e � Goa Is for ton ight a re to d iscuss a nd provide d i rection on the fol lowi ng: 1. Further discuss the proposed regulation change and staff amendments. 2. Takepublicinput 3. Direct staff to return for public hearing with amended version to present to the Council and make a recommendation to Council . .� _ , y - v� �. on nections a n uti ities # 1 Ordinance has been amended to include State mandated utility and connection requirements, including: Sewer Connection Fees Water connection Fire Sprinklers requirements ,� � �. s� - �� ,,_. D U vs . Seco n Dwe i n U n it # 2 � Name of structure Change the name from Second Units to Accessory Dwelling Unit (ADU ) �� .r ;� � ��a � :± :i s:; .+s' J :� �' - , ,:a � _ >'c � �. �1 �� i ze o U n i t #3 Attached U n its: If located in existing residence not to exceed 50% of primary residence, 750 sq .ft. remains for newly constructed units. �G. The maximum si�e of ai� �.�,,.�,��' ,,,�,+ Access��r� Dti�7ellii-�� LTi-�it sha111ae ten percent � 1�°�0} of the 1ot si�e �vith a maximum si�e of seven hundred fifty �75�} square feet. Larger units may be approved thraugh the use permit pracess. The increased ��loor area of c�11 AL'(:��5�7Ty D�'G7e11i�1g LT��it that is attached t�� the Uri��lary residence s1�a11 ��ot �xceed 5� U�TL�11t �7t tI1� �X1St111 1� 1V111 c1T��. z,.,. , , � �.,� ,6 � — • . � n,�F��: i F��xs�a �'��, l � 4 = �s,�a N > � � , oEPf5i0F� pNSeppyE � ar in Parkin Standards � State �aw- no pa rki n� req u i red if: • Within %2 mile of public transit • Located in architecturally and historically significant historic district • ADU is located within an existing dwelling or accessory structure • On street parking permits required but not offered to second unit • Car share located within one block ;f �� • Tandem allowed B�uba4rr,�uo-.� A__ il in H i h # u e t S � � Attached units- increase to 30' same as rimar residence p Y �I�. T�1� �11��1�11L1�11 �1�1��1� f��' AC'C'�SS��1� D�'�7�llii�� J�i�its�. �".�.,��' ,,,�.,+�. �h�11 b� eight��n fe�t � 1 � '�, ��C'�� 71 c��.�c�C11�C� c�CC�SS��I� C��'�7elli�i�� u:i�its� ��71�ic1� sl��ll l��ve � �i��i�i��u:i�� h�i�l�t ��f tl�irt� f��t ��' }� pt�r�u�nt t�� S�cti��n �� 1 � of thi� �h�pt�r. Ta11er units may b� appra�ed thraugh th� us� permit proc�ss. PN>.K _. � --—._ ---'�S�L.4V -— = RO01+ F.YIiL r.AFti RI.IH;. IiF.fL;FiT GD. ME1i: I.iiVEl. � GROVNO '��iaty�_ L£ti'EL � __ s ---.... ...._ ._..:...�� GD.LF.YEL et ac s # 6 For conversions of existing garages, no setback required Two story, new construction- reduction from 10' to 5' E�1St1�1� St�"L.1Ctl1�'�S ��'��S�C� ��' C�11��'51�11 t� �11 AC'C'�SS��1� D�'�7�llii�� LJ�i�it � , . 7 . 1�� 1111St C��I1�1� �1t�1 t�l� �� 'C� S�t��C� �'�C�111�'��11��1tS� e�ce�t tl��t �i�� setb�cl� ��7111 �7� �l'�C�U11�C� ��1 �11 ��15�.111� ��1'�� .11c��. 1S C'��11��1�.�C� �.�� c�11 �C'C�SS��1� C��'�7�llii�� u:i�it. A s�tb�ck ��11�� 111�71� �11�11 �1�� 1��111 �11� S1C�� 11C� 1��1 1�� 1111�5 511�11 �� l'�C�U11'�C� f��r ��i� �cc�ss��r� d��7elli�i�� u:i�it tl��t is c��i�str��cted �b�� r�� ""��'"'� '=� . . _ � - D r i v e w a W i t s #7 _ �� {�JJ�� - __ ��l_� y , , _ �_. :f.� x -4. �..�.� �v��. .r ��.._.� Reduction from 18' to 12' width 5' setback - . , remains � } I �P. Drivevva�s acc�ssing Acc�ss��rv D��elling �Ji-�its�.�.,,�,-��' ,,,-�,+�. sha11 b� set back a 1711171171L1YI1 Q� �V� �� S '} frQm an� stru�ture on an adj�ining par�el that has a bedrQQm adj a�ent to th� proposed drive�vay. �. The minimum �idth o f a drivewa� ser�ing an Acc�s sorv D��7�lli�� LTi�it �� .,� �� sha11 be � t��=�l�e f�et ��1� '}, unl�ss the �ity Fire Marshal determines that adequate fire prQtection can be prQVided tQ the secQnd unit even th�ugh Ithe dri�e�ay has a �idth less than t�.�7elv� feet ��1� '}. uestions sa• �- �4t#a�hed ADU � � � � � -—-� � � � � - shall not e�c��ed ��% e�ci�tin� living �pace I , : I i - maximum 1,�Q0 �# I , � j I - minimum �� sf j � j I - no parkin� required j � ' i , I I � j I � , � I--- - -r---- --I . � existing housa exisunggarage I I � 2B'x 50' 22'x 22' � e I 1,A�0 sf 4A4 af I I O � r �5 � , � � � I I I � i I ' I I I � I I I , I I � i I . I I � i I I I � ' � I � I 1 � � � I ; I I � � I : I I 1 I11 111 I I '__' _'__"__"___'�"'_"__� I ' I I � I �------- -----------------� I I � � � I o I � � I i I I ' I I . .. A i '--------Y�----------------------I so' �-- , � in ! I � � � � Y i � ii��.�}� !"LY� i i � . I I - fl'11C11CT1Uf1'1 �� 9� � I - no parl�ir�g requir�d � � � j I I � I I � j I . , I-- -- -j-- -- -I . � existing house exisung garage I I � 28'x 50' 22'x 22' � � I 1,460 sf 4&1 sf I I O � r f�5' S , � � � I I I � � i I I I � I I I I ' I I � i I � I I � - i I ..._ .... � I I � , � I ' � I I__.'_____________ ______ __ _ _ _____________ _ �____�__.._.._I � _ . _ _ � I , I I � i I b I I I ; I I ""'"""""' ' """""""' i I � .�� """"""""' '""I """"I �------ ----------------� I I � � � I a I � r i � � � , � I ,. � i '--------"�----------------------I sai �' , I � �� I � � � ; � , Detached ADIJ i ; � � I - maximum 1,2�a s# � - minimum 15� sf � , � � I - na parking required, if existing acces�vey structure . � I � j I I � j I . , --� ------- - --- . i-- -- �---- - -r--�---� -i , � existing house exisung garags I I � 28'x 50' 22'%22' � � � �,aoo Sf saa�t � I a , r f�� ' � � � I I I I ; I I � i I ' I I � F��w�i�a�q. ' � � �— — — � I � � I I � j I I � � � I � � , � L__. --�-�--�---� -i . I j i . � I j I � I f 41Y I I � i "" ""F"""" I I I � I �------- -----------------� I I � � a I � I � r I � I I ; I I ' � I '- -- - - ---"�------ -- -- ------- ----- I so' i- , - -------------------- � ---- �� I � � � : , �on�rer#ed �a�rage � � � ; I � - no p�rking re�uir�d � ; � I I � � j I I � � I I : j I . , I--- -- -f------- I I �� j I � >�� , . � � existing hause �� r �'`5• 28 x 50' �� ' I� 1,4d�sf � � � � � I � � , � I � � � I � � � I � � i � � I � � i � I � � � � I I---�------------- -- ----------------- - --- - ----�------- I � - - � I ; � � � � I b I I I ' I I � F � r��'�'�'�'�'��'�'�'�'�'�' I """'i I I I � I O I � T I � I I � I I ' A ' '- -- - - - --''�------ -- ------- -- -----� CITY OF UKIAH PLANNING COMMISSION MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 31, 2017 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Christopher Watt Laura Christensen Linda Sanders Mark Hilliker STAFF PRESENT OTHERS PRESENT Craig Schlatter, Community Development Listed below, Respectively and Planning Director Kevin Thompson, Planning Manager Adele Phillips, Associate Planner Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 6. APPEALPROCESS Note: For matters heard at this meeting the final date to appeal is June 12, 2017, at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING Page 1 of 1 Minutes of the Planning Commission, May 31, 2017, Continued: a. Willow Terrace Housing: Request for approval of Use Permit and Site Development Permit for a 38-unit permanent supportive housing facility to be located at 237 East Gobbi Street. Presenters: Adele Phillips, Associate Planner and Kevin Thompson, Planning Manager. (PowerPoint presentation attached.) Note: The following items were added after the Planning Commission packet was distributed: • Comment letters—please see Attachments 1, 2, and 3 of the minutes. • Staff recommendation for Condition of Approval that reads as follows: "Applicant shall continue to provide support services on the site for tenants and for the duration of the affordability restriction. Any changes in services provided will require an amendment to the Use Permit, subject to Planning Commission approval." PUBLIC HEARING OPENED: 6:35 P.M. Public Comment: Ryan LaRue (RCHDC), Karen Lavato, Jennifer Shepard, Benj Thomas, Marylou Lenard, Donald Lauenroth, Mick Buckley, Doris Styler, Aeolian Vincent DePaule, Tom MonPere, Brad McDonald (RCHDC), J.B. Schraeder, Chester (Harolds Square), Camelle Schraeder, Julie Beardsley, Nate Wolf, C. Jay Kennon, Lloyd Francis, K. Price, Maya Stuart (HHSA), Sage Wolf, Carol Rosenberg, Will VanSunt, Sharon Govern, Dina Oretiz, Keel Loftus, Tammy Moss Chandler (HHSA). Break: 7:56 P.M. Reconvene: 8:02 P.M. Public Comment: Alan Nicholson, Amanda Pardini, Justin Wyatt (Ukiah Police Department), Michael Pallesen (RCHDC), Phillippe Lapotre (Project Architect). PUBLIC HEARING CLOSED: 8:52 P.M. Commission Consensus regarding the addition of Special Conditions per tonight's Commission meeting: • Applicant shall continue to provide support services on the site for tenants and for the duration of the affordability restriction. Any changes in services provided will require an amendment to the Use Permit, subject to Planning Commission approval. • After the appeal period has expired and prior to June 27, 2017, the applicant shall submit a Management Plan to the satisfaction of the Ukiah Police Department. • Prior to issuance of building permit, the applicant shall provide a landscaping plan in which parking lot trees shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting, per UMC §9087(D)(1)(e); or, to the satisfaction of the Planning Director, per UMC §9087(D)(1)(I). Page 2 of 2 Minutes of the Planning Commission, May 31, 2017, Continued: Motion/Second: Sanders/Hilliker to approve Initial Study Mitigated Negative Declaration for the Rural Communities Housing Development Corporation (RCHDC) Multi-Family Permanent Supportive Housing Project at 237 E. Gobbi Street with the Findings in attachment 3 of the staff report. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, Sanders, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. Motion/Second: Sanders/Christensen to approve Use Permit and Site Development Permit Findings in attachment 4 of the staff report for the Rural Communities Housing Development Corporation (RCHDC) Multi-Family Permanent Supportive Housing Project at 237 E. Gobbi Street. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, Sanders, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. Motion/Second: Sanders/Hilliker to approve the Use Permit and Site Development Permit for the Rural Communities Housing Development Corporation (RCHDC) Multi- Family Permanent Supportive Housing Project at 237 E. Gobbi Street with the Conditions of Approval in attachment 5 of the staff report. Motion carried by the following roll call votes: AYES: Hilliker, Watt, Christensen, Sanders, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. 10. PLANNING DIRECTOR'S REPORT Presenter: Community Development and Planning Director Craig Schlatter. 11. PLANNING COMMISSIONERS' REPORT Presenters: Commissioner Hilliker and Chair Whetzel. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:20 p.m. Cathy Elawadly, Recording Secretary Page 3 of 3 Minutes of the Planning Commission, May 31, 2017, Continued: FINDINGS TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION (RCHDC) MULTI-FAMILY PERMANENT SUPPORTIVE HOUSING PROJECT 237 E GOBBI STREET FILE NO.: 2682 PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") 1. The Project will approve a multi-family high density residential with Precise Development Plan to allow the construction of 38-unit multifamily housing facility. 2. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a Mitigated Negative Declaration dated April 26, 2017 to evaluate the potential environmental impacts of the Use Permit, Site Development Pemit and construction and operation of the Project. 3. The Initial Environmental Study examined areas of potential impacts, and based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed project, as mitigated, would not have significant adverse impacts on the environment for the following reasons: A. A mitigation measure has been included to reduce any Project impacts related to light and glare to less than significant. Impacts to visual quality were determined to be less than significant or no impact. B. The Project would not have an impact on any existing or future agriculture use. There are no parcels within the City zoned Agriculture and no agricultural uses on or proximate to the Project site. C. Construction of the Project would result in an increased air polluants including: fugitive dust, and PM 10. Mitigation measures designed to minize construction pollution from the Project have been applied. The Project was referred to the Mendocino County Air Quality Management District (MCAQMD). D. The Project area is not identified on the Area of High Archeological Sensitivity included in the City of Ukiah General Plan. It is highly unlikely that there are archeological resources or human remains on the parcels included in the Project. In the unlikely event that cultural resources or human remains are discovered during grading operations for the Project, mitigation measures have been included to reduce the impact to less than significant. E. The Project site is not known to be in an area with unstable or expansive soil. The Project site and surrounding area are relatively flat; therefore, there would be no impacts related to landslide. The Project has the potential to result in erosion or the loss of top soil. Mitigation measures for Air Quality and Geology and Soils have also been applied to prevent excessive soil erosion. Implementation of these mitigation measures would reduce the potential for the Project to impact top soil and result in erosion. F. The Project site is not located on any list of hazardous waste disposal sites compiled pursuant to Government Code Section 65962.5. Page 4 of 4 Minutes of the Planning Commission, May 31, 2017, Continued: G. The Project is located within the boundary of the B2 district of the Ukiah Municipal Airport Master Plan, and the use satisfies compatability criteria. H. The Project would not modify the drainage on the site which has the potential to result in erosion, siltation, and/or to increase the rate or volume of runoff. The Preliminary Drainage Study completed for the project dated April 2017 concluded that with the use of Low Impact Development (LID) the site was capable of retaining stormwater on-site. I. The Project is subject to the Storm Water Low Impact Development Technical Desiqn Manual adopted by City Council on June 18, 2014 which became effective upon adoption and applies to applications submitted on or after June 19, 2014. J. The project is not located within a 100-year flood hazard area or within a 100-year flood zone as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. The Project is located within Panel#1512 of 2100, dated June 2, 2011. K. The Project would infill and existing parcel by constructing a 38-unit multifamily housing facility. The project site is developed on all four sides within an existing neighborhood therefore will not divide an established community and has access from Gobbi Street. L. No mineral resources are located within or proximate to the project area. M. Construction of the Project would result in a temporary increase in noise levels in the Project area. Residential uses are located proximate to the Project. Mitigation measures have been included to limit the hours of construction and reduce noise from construction equipment. These mitigation measures would reduce construction noise impacts to less than significant. N. The Project would construct a 38-unit multifamily housing facility. The parcel has frontage and access from an existing street (Gobbi) and utilities are available to serve the 32 new units. Based on discussions with RCHDC, the average affordable unit is occupied by one person. Based on this average, the Project would result in 40-45 additional people residing in the neighborhood. It is reasonable to assume that some of these people may be screened and selected from within the City limits. Based on the above, the Project would result in a less than significant impact to population growth. O. The Project would result in nominal impacts to municipal services, emergency room visits, police calls, public disturbances. The entire process of tenant selection and support will be under the direction of the Mendocino County Mental Health Services Act Housing Program. The Project has been reviewed by Public Works, the Police Department, Fire Marshal, and Electric Utility. The Project would not require the need to create new city facilities or services. Therefore, the Project would have a less than significant impact on municipal services. Parks: The project is providing on-site recreational amenities including an interior court yard and community garden. These amenities will provide residents an opportunity for outdoor activities. The impact to parks would be less than significant. Schools: The project will be restricted to seriously mentally ill residents. Typically residents don't have children, therefore there will be no impact to local schools. Page 5 of 5 Minutes of the Planning Commission, May 31, 2017, Continued: P. The Project would not result in climate change or greenhouse gas impacts based on its highly efficient building design. The project includes a large photovoltaic system and strives to be a zero energy project. The Project does not violate any plans or policies adopted to address climate change/GHG. The Project was referred to and reviewed by the Mendocino County Air Quality Management District and the District did not identify any impacts related to climate change or GHG. Q. Reasonable and feasible mitigation measures have been identified that would eliminate or reduce significant impacts to levels of insignificance. The Initial Environmental Study examined areas of potential impacts that may result from the implementation of the Project. Based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed Project has the potential to have significant environmental impacts on aesthetics, air quality, biological resources, hazardous materials, cultural resources, geology/soils, and noise without the implementation of mitigation measures. The analysis and conclusion reached in the Initial Environmental Study identified mitigation measures that would reduce t to less than significant levels. 4. There is no substantial evidence in light of the whole record before the City of Ukiah that the Project, as mitigated, would have a significant effect on the environment. 5. The Initial Environmental Study was prepared and demonstrated that there is no substantial evidence that supports a fair argument that the Project, as mitigated, would have a significant effect on the environment. 6. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, does not have the potential to degrade the quality of the local or regional environment. 7. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals. 8. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in impacts that are individually limited, but cumulative considerable. 9. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Project, as mitigated, will not result in impacts that will cause substantial adverse effects on human beings, either directly or indirectly. 10. A Notice of Intent to adopt the Mitigated Negative Declaration was made available in the following manner: ■ published in the Ukiah Daily Journal May 11, 2017 ■ posted on the Project site May 9, 2017 ■ posted at the Civic Center (glass case) May 8, 2017 ■ posted at Mendocino County Clerk May 10, 2017 ■ mailed to property owners within 300 feet of the parcels included in the Project on May 9, 2017 11. A Mitigation Monitoring Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures and the project proponent has agreed to the mitigation measures included in the MMRP. Page 6 of 6 Minutes of the Planning Commission, May 31, 2017, Continued: 10. The Initial Environmental Study and Mitigated Negative Declaration and record of proceedings of the decision on the Project are available for public review at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA. 11. On May 31, 2017 the Planning Commission held public hearings to receive public comment and consider the Mitigated Negative Declaration for RCHDC Multi-Family Permanent Supportive Housing Project. At the May 31, 2017 meeting, the Planning Commission voted unanimously (X-X)to approve the Mitigated Negative Declaration. FINDINGS TO ADOPT A USE PERMIT AND SITE DEVELOPMENT PERMIT FOR THE RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION (RCHDC) MULTI-FAMILY PERMANENT SUPPORTIVE HOUSING PROJECT 237 E GOBBI STREET FILE NO.: 2682 Recommendation for the Approval of the Major Use Permit and Site Development Permit: The Planning Department's recommendation for approval of Major Use Permit and Site Development Permit No. 2682 to construct a 38-unit multi-family permanent supportive housing Project, including support services, and associated improvements, is based, in part, on the following findings: 1. The proposed multi-family residential development is consistent with the goals and policies of the Ukiah General Plan because it has been designed with careful consideration with the surrounding established neighborhood. 2. The proposed multi-family residential development is consistent with the use and development standards for the Community Commercial (C1) District, including: site use, maximum building height, design standards and setbacks to property lines. 3. Per Government Code Section 65915 (p) (1) the applicant has requested relief from the parking standards. This will not negatively impact the neighborhood due to infill location and proximity to retail, groceries, health services, and public transit. Further, the typical resident does not own a car. 4. The proposed multi-family residential development will not be detrimental to the public's health, safety, or general welfare since its development, as conditioned, will be consistent with the requirements for construction in the City of Ukiah. 5. The granting of the Use Permit and Site Development Permit not will cause significant adverse environmental impacts. The site does not contain any wetlands, creeks, endangered species, or habitat. 6. City services are available to serve the Project. The City has enacted mandatory water conservation measures and the residents of the Project would be required to comply with any water conservation measures in place. The Project includes drought tolerant landscaping and water conserving irrigation. The Project has been reviewed by Public Works Department, Electric Utility, Fire Marshal, Police Department, and Building Official, and there are adequate services and utilities to serve the Project. Page 7 of 7 Minutes of the Planning Commission, May 31, 2017, Continued: 7. The proposed Project would be similar in use, and intensity, as the surrounding neighborhood. The City's noise ordinance would apply to this Project both during construction and after occupancy. Conditions of approval have been applied to the Project to address construction-related noise impacts. 8. The Project is subject to the requirements of the California Green Building Code Standards which includes specific requirements (materials and light fixtures) to reduce energy consumption. 9. The in-fill Project site is surrounded by existing residential development and commercial uses. The Project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service and therefore the Project would have no impact on candidate, sensitive, or special status species. There are no riparian areas or riparian habitat on the in-fill subject parcels or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service. Therefore, the Project would have no impact on these resources. The infill site is partially paved and contains no wetlands, marshes, vernal pools, or other water courses on the parcels included in the Project. Therefore, the Project would have no impact on these resources. No migratory path for wildlife species, no connection with any wildlife habitat, no water courses are located on the parcels included in this Project. 10. The size and height of the Project is consistent with other structures in the neighborhood. The Project was reviewed by the Design Review Board who found the Project to be consistent and compatible with other residential development in the neighborhood and appropriate for the individual parcels included in the Project. 11. The proposed Project's location, size, height and intensity are harmonious with the existing neighborhood, including other existing multi-family projects located to the south and east. 12. The proposed Project provides one access point on Gobbi Street deemed adequate by the Public Works and Fire Department, and emergency access exit is proposed to the south, through the adjoining property. The site has existing sidewalk along entire frontage providing convenient vehicle and pedestrian traffic patterns. 13. Notice of the Public Hearing was provided in the following manner: ■ mailed to property owners within 300 feet of the parcels included in the Project on May 9, 2017 ■ published in the Ukiah Daily Journal May 11, 2017 ■ posted on the Project site May 9, 2017 ■ posted at the Civic Center (glass case) May 8, 2017 ■ posted at Mendocino County Clerk May 10, 2017 Page 8 of 8 Minutes of the Planning Commission, May 31, 2017, Continued: CONDITIONS OF APPROVAL TO ADOPT A USE PERMIT AND SITE DEVELOPMENT PERMIT FOR THE RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION (RCHDC) MULTI-FAMILY PERMANENT SUPPORTIVE HOUSING PROJECT 237 EAST GOBBI STREET FILE NO.: 2682 CONDITIONS OF APPROVAL: The following Conditions of Approval shall be made a permanent part of Major Use Permit No. 2686, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid: Planninq Conditions, Kevin Thompson, (707) 462-6207 1. This approval is not effective until the 10 day appeal period applicable to this Use Permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal. 2. All Conditions of Approval shall be printed on all sets of building permit project plans pertaining to any site preparation work or construction associated with the development of the multi-family project and ancillary site improvements approved by the Use Permit and Site Development Permit. 3. All use, construction and the location thereof, and occupancy shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof. 4. Any construction shall comply with the "Standard Specifications" for such type of construction now existing, or which may hereafter be promulgated, by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission. 5. Building permits shall be issued within two years after the effective date of the Use Permit or same shall be null and void. 6. If any use permitted shall cease for six (6) consecutive months, then the right to any Use Permit permitting such use shall terminate and such Use Permit shall be revocable by the granting body. 7. If any condition is violated or if any required approval is not obtained, then the Use Permit granted shall be null and void; otherwise said Use Permit is to continue in full force and effect indefinitely until otherwise terminated and shall run with the land. 8. The approved Use Permit may be revoked through the City's revocation process if the approved project related to the permit is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two (2) years of the effective date of approval; or if the established use for which the permit was granted has ceased or has been suspended for twenty-four (24) consecutive months. Page 9 of 9 Minutes of the Planning Commission, May 31, 2017, Continued: 9. Except as otherwise specifically noted, any Use Permit shall be granted only for the specific purposes stated in the action approving such Use Permit and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. 10. Prior to the issuance of a Building Permit, a Final Landscaping and Lighting Plan shall be submitted for review and approval by the Director of Community Development and Planning or his/her designee. All required landscaping shall be planted prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The final Landscaping Plan shall incorporate designs derived from Low Impact Development Standards. 11. All activities involving site preparation, excavation, filling, grading, road construction, and building construction shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 12. All inactive piles of soil on the project site shall be completely covered at all times to control fugitive dust. 13. All activities involving site preparation, excavation filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 14. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. 15. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 16. If, during site preparation or construction activities any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and the City notified of the discovery. 17. Areas to be graded for building construction shall be cleared of artificial fills, vegetation, roots, and loose soil containing organic matter. Surface strippings or other soils containing organic materials cannot be used as fill except in landscape areas. 18. A professional/certified engineer shall routinely inspect all grading work on the project site. Field density tests must be taken during grading in order to evaluate the adequacy of the contractor's work. After grading is completed and the soil engineer has finished the observation of the work no further excavation or filling shall be done except with the approval of and observation of the soil engineer in consultation with City Public Works Department Staff. The contractor shall be responsible to prevent erosion and water damage of the graded areas and adjoining areas during construction. 19. All grading activities on the site shall be conducted consistent with a Grading Plan for all disturbed areas which shall be submitted to the City Public Work Director/City Engineer for review and approval prior to the commencement of any grading activities. 20. Prior to the commencement of grading or other site improvement activities associated with the construction of the dwelling unit and/or accessory structures, the applicant shall prepare and submit a Mitigation Compliance Plan verifying when and how the required mitigation measures will be complied with. The applicant shall fund and/or contract with qualified professionals such as civil and geotechnical engineers and landscape Page 10 of 10 Minutes of the Planning Commission, May 31, 2017, Continued: architects and/or specialists to verify compliance with all mitigation measures, and to prepare field reports for submittal to the City. 21. To provide tree protection for existing street trees, the developer shall install temporary chain link fence at back of sidewalk for the duration of construction. Buildinq Official, David Willouqhbv, (707) 467-5718 22. A grading permit is required (this will include obtaining a California storm water permit and Mendocino County Air Quality Management District permit for dust control). 23. A Geotechnical Report is required. 24. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued. 25. Hours of- construction shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, except for owner occupied single-family construction which can also occur from 10:00 a.m. to 7:00 p.m. on Sunday provided no heavy construction equipment or vehicles are utilized. Fire Marshal, Kevin Jennings, (707) 463-6271 26. Wall mounted Type 2A fire extinguishers shall be required. Approximately 4 in the hallway areas of the 2"d floor, 5 on the first floor, 2 at the office / community room building, and 1 on the exterior of the maintenance room. Fire Marshal's office shall assist with actual placement prior to final or mark on construction plans. 27. One on site fire hydrant shall be located in the first planter"bulb" to the very west end of this "bulb". 28. Fire sprinkler system, smoke detectors, and carbon monoxide detectors shall be required in each residential unit, office, and community room. 29. No Parking, "red curb" on west side of parking lot, extending from community building to the south end of driveway. 30. Emergency gate on south property line, at end of driveway. 31. Knox Box is required and shall be mounted by main entrance of community room. 32. Lighted directory per city ordinance shall be required for apartment buildings. Location shall be specified by Fire Marshal's office. 33. Recommendation for roof-top solar installation: a) a 36" walkway around each side and eve shall be required, b) PV may not be located less than 18"from roof peaks, and c) it is recommended that two rows of panels be eliminated from the approximate center of the largest installation to allow for emergency access and possible roof-top ventilation efforts. Public Works Department, Ben Kaqevama, (707) 463-6284 Page 11 of 11 Minutes of the Planning Commission, May 31, 2017, Continued: 34. Sheet C300: Outline all LID treatment areas (bioswales and raingardens) and include elevations for bottom and top of swales. Also show direction of surface flow, and overland release paths for treatment areas. 35. Sheet C300: For Bioswale 2, the SUSMP calculations show the treatment area as 190' x 6'. Not clear how this area will fit within the given area. Also, since it appears that the pavement run-off drains directly into the bioswale, it is not clear that the pavement area disconnect credit would apply. 36. Sheet C300: For Bioswale 3, the SUSMP calculations show the treatment area as 5' x 60', but Sheet C300 shows no treatment area. 37. SUSMP: Please submit a SUSMP Determination Worksheet signed by the property owner or developer. 38. SUSMP: Please include a completed Preliminary SUSMP Submittal Guide. Be sure all items are addressed. 39. Sheet C200: Show all proposed sewer and water service connections. 40. Sheet C200: Show existing sewer line through site. 41. Sheet C200: Show existing curb ramp upgraded to meet ADA requirements. 42. Prior to construction of site improvements, a final grading and drainage plan, and an erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for review and approval by the Department of Public Works. The plan shall include the detailed design of the proposed storm water best management practices (BMPs). Drainage improvements shall be in compliance with the City of Ukiah's Phase I Storm Water Permit and the Low Impact Development Technical Design Manual (LID Manual). A final Standard Urban Storm Water Mitigation Plan (SUSMP) shall be provided to support the design of the proposed drainage system. 43. The project engineer shall provide direct oversight and inspection during project construction, with special attention to implementation of best management practices for sediment and erosion control, and the proper grading, installation, and landscaping of the stormwater BMPs. Upon completion of the work, a report shall be submitted by the project engineer to the Department of Public Works stating that the improvements have been completed in accordance with the approved plans and conditions of approval, shall function as intended, and all areas have been permanently stabilized to prevent sediment and erosion. 44. Maintenance and inspection of all post-construction best management practices (BMPs) are the responsibility of the property owner. In accordance with the LID Manual, a legally binding, signed maintenance agreement approved by the City of Ukiah is required for the proposed stormwater treatment planters and all post-construction BMPs, and shall be recorded prior to final approval of the building permit. 45. Sidewalk and dnveway improvements within the street nght-of-way shall meet accessibility requirements. Prior to construction, improvement plans shall be prepared by a Civil Engineer and approved by the Department of Public Works for all improvements within the street rights-of-way. Public sidewalks located outside of the street right-of-way will require a sidewalk easement dedicated to the City. Page 12 of 12 Minutes of the Planning Commission, May 31, 2017, Continued: 46. Street trees shall be spaced approximately every 30' along Gobbi Street within 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard Drawing No 601. Tree types shall be approved by the City Engineer. 47. Any existing curb,gutter and sidewalk in disrepair adjacent to the subject property shall be repaired. Abandoned driveway approaches and curb openings shall be removed. All work shall be done in conformance with the City of Ukiah Standard Drawings 101 and 102 or as directed by the City Engineer. 48. All work within the public right-of-way shall be perFormed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs. 49. All areas of circulation shall be paved with a minimum of 2" of AC on 6" of Base or other suitable all-weather surface approved by the City Engineer. This includes the proposed driveways and parking areas. If heavy truck traffic is anticipated from the solid waste company, delivery trucks, or other heavy vehicles, the pavement section shall be calculated appropriately to ensure that it can withstand the loading. 50. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and tested, and repaired or replaced if required. Sewer connection fees shall be paid at the time of building permit issuance. 51. Capital Improvement fees for water service are based on the water meter size. A fee schedule for water meter sizes is available upon request. Additionally, there is a cost for City crews to construct the water main taps for the proposed water services to serve the project. 52. Irrigation services shall have approved backflow devices. Electric Department, Jim Lozano, (707) 467-5774 53. A 10' Public Utility Easement is required along all road side frontages and any primary power that traverses across the property. The PUE shall be a surveyed deed or defined on the final building plans. 54. The parcel will be served from underground facilities in the area. 55. All future site improvements shall be submitted to the Electric Utility Department for review and comment. At that time specific service requirements, service Voltage and developer costs and requirements will be determined. Special Conditions per Planninq Commission Hearinq; Mav 31, 2017: 56. For the duration of the affordability restriction, the applicant shall continue to provide support services on site for tenants. Any changes in services provided will require an amendment to the Use Permit, subject to Planning Commission approval. 57. Prior to issuance of building permit, the applicant shall provide a landscaping plan in which parking lot trees shall be designed to provide a tree canopy coverage: of fifty percent (50%) over all paved areas within fifteen (15) years of planting, per UMC §9087(D)(1)(e); or, to the satisfaction of the Planning Director, per UMC §9087(D)(1)(I). Page 13 of 13 Minutes of the Planning Commission, May 31, 2017, Continued: 58. After the appeal period has expired and prior to June 27, 2017, the applicant shall submit a Management Plan to the satisfaction of the Ukiah Police Department. 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' '' �'�4_ � CityOf UklRh `_ Yv— ^ P�NNiNGCOMMI5510N May31,2017111 GOV§65915 Density Bonus and Other Incentives • Allows increase#units,if criteria met;% based on the#of affordable units • Allows 0.3 parking spaces per unit special needs housing � Clty Of UIt1RI1 — PLANNING COMMISSION May 31,2017 I 12 6 ' S/31/2017 :; AIRPORT LA �3E GO PAT�.� �.:.{ :'.i � - --, Zone B2 �.`: �V''i _ :t = - 1 • 60 •�1'60 C 10 � ti . � • St� OW�CI ,J[ + ... y m�ni oa serJe- o f ti e y ` .ti D � + � � �.� ,, q* , . � _ . . . � � � ' �� ■1 •� • . � G.COMMISSION M�y 31,20ll I 13 GENERAL PLAN POLICIES Policy H-3.4: Provide density bonuses Project meets criteria of State law Imp.Policy H-3.a: Support applications to Granting of entitlement would support Low special needs rental housing financing Income Housing Tax Credit application Imp.Policy H-3.b: Increase housing opp.s for 3 accessible uniks on ground floor,•all others persons with disabilities on ground are adaptable Policy H-5.6:Support well-designed infill Site is fully supported by City services housing with City services Policy H-5.7:Support sustainable site planning Landscape utilizes native,drought to/erant species Imp.Task H-S.f: Assist incorporation of green Eligible for City's so/ar rebate program building/energy conserve.in housing development Goal EG-6:Promote energy efficiency features PV panels,notural light,e�cient heating cooling,bioswa/es � Clty Of Ukiah PLANNING COMMISSION May 31,2017�14 7 ' S/31/2017 AGENCY REVIEW • Building Division • Public Works • Electric Utility • Ukiah Valley Fire Authority • Ukiah Police Department • Mendocino County Air Quality Management District • Mendocino County Health and Human Services Agency �CltYOf Uf�lQh �� _ _ PWNNING COMMISSION May 31,2017�IS ADDITIONAL CONDITION Staff recommends adding the following: 'Applicant shall continue to provide support services on site for tenants and for the duration of the affordability restriction. Any changes in services provided will require an amendment to the Use Permit,subject to Planning Commission approval." � City of Ukiah PLANNING COMMISSION May 31,2017�I6 S Aftachment #`� - Mendocino County Health & Human Services Agency 9-['eaCt(y�'eople,7feaCtFry Communities M.� - Tammy Moss Chandler, Director s;�, �, Anne Molgaard, Chief Operations Officer May 30, 2017 City of Ukiah Planning Commission 300 Seminary Avenue Ukiah, CA 95482 Dear Commission, This is a letter of support for the Willow Ten•ace homeless housing project sponsored by Rural Communities Housing Development Corporation (RCHDC). RCHDC has a long standing commitment to assisting Mendocino County residents' access to affordable housing. This new project located at 237 Gobbi Street Ukiah, CA will have 38 units for multi- family housing, one of which will be for an onsite manager. The overall purpose of this project is to develop a permanent affordable housing facility for tenants that are seriously mentally ill and homeless or at risk of homelessness. On the same campus will be a building for offices, meeting rooms, service delivery rooms and two ADA community bathrooms. RCHDC plans for significant open space to encourage tenants to enjoy a 2,400 square foot garden and a small plaza, and for them to participate in recreational activities. Further tenants will receive Wrap Around Services to assist them in complying with community norms. For this project to be affordable RCHDC is requesting zoning for the area be changed to increase the number of units per acre from 28 to 38. With this change and the use permit, RCHDC can move forward with the project. Mendocino County has a significant housing shortage. Willow Terrace will assist in providing safe housing for persons who are mentally ill and without a permanent place to live. This vulnerable population often has difficulty navigating many areas of their lives. Planning for services to be available on-site helps create a living environment that promotes stability and comm�uiity. Please support RCHDC by accommodating their request for the zoning changes so that this new housing project may move forward. Respectfully, � � ��.�� Anne C. Molgaard Chief Operations Officer Aiiachm�nt # � Richard and Karen Rizzolo 12200 Pine Ave Potter Valley,Ca 95469 Ukiah Planning Commission May 31, 2017 Dear Planning Commission members, I would like to take this opportunity to voice my support for the proposed Rural Communities Housing Development Corporation proposal to develop housing to serve those with mental health challenges in our communities. As a longtime resident of Mendocino County and the owner of properties within the Ukiah City limits we recognize the need for housing options to help support the stability of this vulnerable population. Housing stability can help individuals access much needed treatment. Thank you for your support of this proposal, Sincerely, - �--� -- -��-�. Richard and Karen Rizzolo �1f�cs�h�nt �� -� �----------�� /7 ,/ �� `�1cw• �' �``'�°'`�- � 9°��"`•� �� .��'{' �- ��-5°' ��`', -l.�.�� C i .�rio��, �' ��`�6�' 0 �.,�,� S� (a -- �'1%�-,Lt..c�.o-� /�. f- �ke�-.� ,�5� � \�1yd �� • d' � � j�if+-t��zsy�a C�� G,�,,,�,. ��' �' � ��f�� --��15-•✓>-t� ..-�-c�.�.�-� �'j� ' •. � ` �� .�. �� -� ,`�`��-� ��f�' � , �'� �,8�.�,(,�,��L �-�'w�c�r�x. ,�_.�� -�'.y��a� � f � � , -�``�`,�', �,,. �°`�.` -�'��' . � � . ' ��-�1 l�� y��' � ��` �lf^�'� �. .-,) � n ,�o.l,-� ,i., - ��. � ,;�u� ,�� .��, ��..�L�l ��'` � 1 ;G`Lc ��j�?� ,� �� .�t-�'Z l�� =y� ._ , � �� . �,.�,°�. �� -� � �,�-� �� .��, ��.�;��.'�..-�- � � � , ��'' :��, ��'� ..,��- �/z' � � �;�,��- z��'� —�v�'� �� ,�- / �� O, - G��G�,��-�- L��G'm� _��,�p, ,� ,� '�r�, C�� , ��J � �, -� -,�� .. �°G.�, � .��,,..�� - � �-�� C� —��c�� °��i�-� �� G ,r,J� �- c��,-�— �iti fo —4>r�—n�_ r,_�� <. �� -�^��'�.-�-�, �� j� �� c��-_-�-��— "� c.z-��" . ��'�"_' ' �, �ti�� ,i.� _.p-1,.�.d� �� ' �t-�� /' �s✓ �7��NG�-� �iL��G�`f� ��/ �� j,�.�C-.�U y��4",.—` �[� 7 � � �-l.t�1.� �Y�c S G�-Ly�� ,�e Cc.�' /L'�t-�.ar� .�� L�"�`�/i�� ''�-' �Q/1^.' •�`'�j.��'��iG+cG�"� .. q 4 � �✓/-Y� �ih-ZF�,�;�k.�- ��/��, _�,a�,d'�.��„��-� ITEM NO. 9A Community Development and Planning Department ��. � � �� 300 Seminary Avenue � D Ukiah, CA 95482 planninq(a�citvofukiah.com (707)463-6207 DATE: June 14, 2017 TO: Planning Commission FROM: Darcy Vaughn, Assistant City Attorney, and Kevin Thompson, Planning Manager SUBJECT: Recommendation to City Council on a proposed amendment to Second Dwelling Unit Ordinance regulations in relation to AB 2299, SB 1069, and AB 2406 Recommendation: Staff recommends the Planning Commission review the proposed amendments to the City's second dwelling unit regulations, solicit public input, and provide a recommendation of approval to the City Council on proposed amendments. Summary: As of January 1, 2017, three new State laws (AB 2299, SB 1069, and AB 2406) intended to address California's affordable housing crisis went into effect. These regulations significantly affect the City's authority to regulate second units, related fees and effectively nullify existing regulations in the City Code regarding second units. After incorporating the Planning Commissioners' input from both meetings, staff is requesting the attached draft ordinance be reviewed and the Planning Commission make a formal recommendation of approval to the Council. Background: On April 12 and May 24, 2017, the Planning Commission received presentations from staff intended to provide information on the new laws, and was asked to provide direction to Staff on their implementation. The effect of the three affordable housing laws, particularly AB 2299, significantly affect the City's authority to regulate the construction of second units and charge sewer and water connection fees (See Attachment 1). On March 15, 2017, Staff presented the three State laws to the City Council as an update. The Council provided direction that Staff request that the Planning Commission review and make a recommendation. On April 12, 2017, and May 24, 2017, Staff received direction from the Planning Commission on some potential amendments to the City's current second unit regulations. These amendments were intended to bring the City Code into conformance with the new State laws. At the same time, the Second Dwelling Unit/ADU Discussion Planning Commission June 14, 2017 1 Planning Commission was asked to evaluate and provide direction on other existing second unit regulations found in the City code that Staff considered out-of-date. Discussion: AB 2299 and SB 1069 codified in relevant part at Government Code §§ 65852.150 and 65852.2 rename "second units" as "accessory dwelling units" ("ADU"s) and limit local authority to regulate these units in residentially-zoned districts. More specifically, Government Code §65852.150 identifies ADUs as an essential component of California's housing supply. And as such, sets forth a statement of legislative intent that municipal ADU ordinances should provide for the creation of ADUs and that the regulatory provisions of these ordinances should not unreasonably restrict their development of ADUs where properly zoned. Further, AB 2299, as enacted, amended Government Code Section §65852.2 to effect comprehensive changes to the authority of local governments to regulate the development of ADUs. The changes fall primarily into four areas: (1) Parking, (2) Types and Size of Units, (3) Approval Process and Timelines, and (4) Water and Sewer Utility Connection Fees*. While AB 2299 states that a local agency, by ordinance, may impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, architectural review, and maximum size of a unit, the City's ability to impose these standards is somewhat limited by AB 2299's requirements for local ADU ordinances (See Attachment 1). For example AB 2299, as codified at Government Code Section §65852.2, states that parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. Further, it states that a local agency may not impose any parking requirements for ADUs that are constructed within the footprint of an existing dwelling or accessory structure or that are located within a half mile of public transit. In addition, AB 2299 allows local agencies to impose maximum unit size standards on ADUs; however this maximum size cannot be set so low as to impede the development of ADUs. Furthermore, on a single-family lot zoned residential, local governments must treat the approval of an application to create an ADU as a ministerial decision without conducting a public hearing, provided the unit meets criteria specified in the state statute or a local ordinance that complies with the state statute. For ADUs that are created within the existing space of an existing primary residence or accessory structure and located in the R-1 zone, not only does AB 2299 require ministerial approval as long as the side and rear setbacks for the proposed ADU are sufficient for fire safety, it also indicates that these ADUs are not subject to development standards other than building code requirements. However, as noted above, local agencies do retain the ability to determine where ADUs will be permitted. Additionally, they can impose standards for height, lot coverage, landscape, architectural review, and size for ADUs that are not created within the footprint of an existing structure or not located within the R-1 zone. These standards are predicated on the notion they do not unreasonably impede the development of ADUs within their jurisdiction. As such, the Commission can recommend the City Code be amended to comply with the new requirements under Government Code Section §65852.2. Further, the Commission could also take the opportunity to review and amend the provisions that impose standards that may be outdated or unnecessary. For example, Staff has questioned whether the requirement in City Code Section 9016(P) that the "minimum width of a driveway serving a second dwelling unit shall be eighteen feet" is necessary. Second Dwelling Unit/ADU Discussion Planning Commission June 14, 2017 2 AB 2299 states that any existing local ADU ordinance that does not meet the law's requirements become null and void, when the bill became effective on January 1, 2017. In such case a jurisdiction like Ukiah must approve accessory dwelling units based on the procedures and standards set forth in Government Code Section §65852.2 and existing state standards until the jurisdiction adopts a compliant ordinance. The City is not required to amend its Second Unit Ordinance and can instead defer to the State for regulatory requirements for ADUs. However, by amending the City's Ordinance to comply with AB 2299 and SB 1069, the City may still impose, within limits stated in AB 2299 and SB 1069, its own development standards and requirements and allowable areas for ADUs. * Please note that the sections of the proposed Ordinance regarding utility connections and utility connection fees for ADUs include placeholder language. Staff is still in the process of discussing how it will assess utility connection fees for those ADUs for which the City may require new utility connections, given that AB 2299 prohibits treating ADUs as new residential uses for the purpose of calculating utility connection fees. Because these particular sections of the Ordinance do not amend the Zoning Code, the approval of the Planning Commission for the utility connection provisions in the Ordinance is not required. This issue will be resolved prior to City Council discussion of the Ordinance. Attachments: 1. Summary of AB 2299 2. Government Code Sections pertaining to AB 2299, SB 1069, and AB 2406 3. Redlined Zoning Ordinance 4. Clean Zoning Ordinance Second Dwelling Unit/ADU Discussion Planning Commission June 14, 2017 3 SUMMARY OF AB 2299, CODIFIED AT GOVT. CODE 65� 852.2 An Accessory Dwelling Unit, or ADU, means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, and also includes efficiency units and manufactured homes. An ADU can also be wholly contained within the footprint of the existing primary, single-family residence or an e�sting accessory structure. To qualify for special treatment under Govt. Code § 65852.2, an ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary single-family dwelling is situated. In addition, Govt. Code § 65852.2 applies only to the development of ADUs in single-family and multifamily residential zones. As�ects of ADU Develo�ment the Citv Can Regulate: Location of ADUs: The City can designate areas where ADUs are permitted, based on criteria such as the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety. Buildin�Standards: The City can impose standards on ADUs that include, but are not limited to: • Parking* • Height • Setback* • Lot coverage • Landscape • Architectural review � Maximum and Minimum size of a unit* � Standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. * But see belozv for limitations on these standards. Owner Occu�anc� The City may require owner occupancy of the primary residence on the lot on which an ADU is located. Lease Term: The City may require that an ADU must be used for rentals of terms longer than 30 days. Miscellaneous Health and Safet,�c�uirements: Local building codes apply to all ADUs. The City can require approval by the local health officer where a private sewage disposal system is being used. The Citv's Abilitv to Regulate ADU Develo�ment is Limited As Follows: Building Standards: 1 Maximum and Minimum Size: A local agency may establish minimum and maximum unit size requirements for both attached and detached ADUs. No minimum or maximum size for an ADU, or size based upon a percentage of the existing dwelling, for either attached or detached dwellings, shall be established by ordinance, that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Pursuant to state law, an efficiency unit can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities. The increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. The City can set a smaller maximum size, provided that the requirement does not burden (e.g. make development cost prohibitive or impossible under the standards imposed) or prevent the development of ADUs. The total area of floor space for a detached ADU shall not exceed 1,200 square feet The City can set a smaller maximum size, provided that the requirement does not burden or prevent the development of ADUs. Setbacks: No setback shall be required for an existing garage that is converted to an ADU unit. A setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constYUCted above a gaYage. Parking: Parking requirements for ADUs shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. While "tandem parking" is not currently defined in Section 65852.2,AB 464, currentl�in committee before the State legislature, would amend Section 65852.2 to define "tandem parking" as meaning that"two or more automobiles are parked on a driveway or in any other location on a lot,lined up behind one another." Off-street parking shall be permitted in setback areas in locations determined by the City or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, oY that it is not permitted anywhere else in the jurisdiction. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, and the City requires that those off-street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the ADU,including, but not limited to, as covered spaces,uncovered spaces, or tandem spaces, or by the use of inechanical automobile parking lifts. The City may not impose parking standards for an ADU in any of the following instances: (1) The ADU is located within one-half mile of public transit. (2) The ADU is located within an architecturally and historically significant historic district. (3) The ADU is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the ADU. (5) When there is a car share vehicle located within one block of the ADU. 2 Fire S�rinklers: ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. Passagewa�s: No passageway shall be required in conjunction with the construction of an ADU. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling Utilitv Connections and Fees: ADUs shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities,including watex and sewer service. For an ADU located in a single-family residential zone that is contained within the e�sting space of a single-family residence or accessory structure, the City may not require the applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capaciry charge. For all other ADUs, the City may require a new or separate utility connection directly between the ADU and the utility. That connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of pYOViding this service. Other Rec�uirements for City Regulation of ADUs: An ADU Ordinance must require that an ADU is not intended for sale separate from the primary residence and ma�be rented. An ADU Ordinance must state that an ADU can only be located on a lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. An application for a building permit for an ADU shall be considered ministerially without discretionary review or a hearing. An application for a building permit to create,within a single-family residential zone, one ADU per single-family lot,if the unit is contained within the existing space of a single-family residence or accessoYy structure, has independent exterior access from the existing residence, and the side and reaY setbacks are sufficient foY fire safety, must be approved ministerially, meaning without being required to get a use or other permit that requires public notice and a hearing. 3 4/4/2017 Government Code Section 65852.150-Judicata California GoUernment Code Section 65852.150 (a) The Legislature finds and declares all of the following: (i) Accessory dwelling units are a valuable form of housing in California. (2) Accessory dwelling units provide housing for family members,students,the elderly,in-home health care providers,the disabled,and others,at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4) Allowing accessory d�velling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of ineeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals,and the well-being of our citizens,particularly lower and middle-income earners. (�) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents�vithin existing neighborhoods,while respecting architectural character. (8) Accessory dwelling units are,therefore,an essential component of California's housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size,parldng,fees,and other requirements,are not so arbitrary, excessive,or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. Amended byStats.2oi6, Ch.�20,Sec.¢.EffectiueJanuaryi,201�. Judicata C�2oi7 https://www.judicata.comistatute/ca/govcode/65852.150 111 M4/2017 Government Code Section 65852.2-Judicata California GoUernment Code Section 65g52•2 (a) (i) A local agency may,by ordinance,provide for the creation of accessory dwelling units in single-family and multifamily residential zones.The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.The designation of areas may be based on criteria,that may include,but are not limited to,the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. �B) (i) Impose standards on accessory dwelling units that inclttde,but are not limited to,parking,height,setbaclt,lot coverage,landscape,architectural review,maximum size of a unit,and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (ii) Notwithstanding clause(i),a local agency may reduce or eliminate parldng requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located,and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing,single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not e�:ceed 5o percent of the existing living area,with a inaxiinum increase in floor area of 1,20o square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed i,2oo squarefeet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. https://www.judi cata.com/statutPJca/govcode/65852.2?r=1 S�5 4/4/2017 Government Code SecGon 65852.2-Judicata (vii) No setback shall be required for an eacisting garage that is converted to a accessory dwelling unit,and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings,as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used,if required. (x) (I) Parldng requirements for accessory dwelling units shall not exceed one parldng space per unit or per bedroom.These spaces may be provided as tandem parldng on an existing driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parldng,unless specific findings are made that parldng in setback areas or tandem parldng is not feasible based upon specific site or regional topographical or fire and life safety conditions,or that it is not permitted anywhere else in the jurisdiction. (III) This clause shall not apply to a unit that is described in subdivision(d). (xi) When a garage,carport,or covered parlang structure is demolished in conjunction with the construction of an accessory dwelling unit,and the local agency requires that those offstreet parldng spaces be replaced,the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,including,.but not limited to,as covered spaces,uncovered spaces,or tandem spaces,or by the use of inechanical automobile parldng lifts.This clause shall not apply to a unit that is described in subdivision(d). (2) The ordinance shall not Ue considered in the application of any local ordinance,policy,or program to limit residential growth. (g) When a local agency receives its first application on or after July i,2003,for a permit pursuant to this subdivision,the application shall be considered ministerially without discretionary review or a hearing,notwithstanding Section 659oi or 65906 or any local ordinance regulating the issuance of variances or special use permits,within i2o days after receiving the application.A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2ooi— 02 Regular Session of the Legislature,including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall pro«de an approval process that includes only ministerial provisions forthe approval of accessory dwelling units and shall not include any discretionaty processes, provisions,or requirements for those units,except as othenvise provided in this subdivision.In the event that a local agency has an existing accessory https://www.judicata.com/statute/ca/govcode/65852.2?r=1 �� 4/4J2017 Government Code SecGon 65852.2-Judicata dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance,policy,or regulation shall be the basis for the denial of a Uuilding permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling.No additional standards,other than those provided in this subdi�rision,shall be utilized or imposed,except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 3o days. (�) A local agency may amend its zoning ordinance or general plan to incorporate the policies,procedures,or other provisions applicable to the creation of an accessory dwelling unit if these pro��isions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to Ue an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.The accessory d�velling unit shall not be considered in the application of any local ordinance,policy,or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision(a)receives its first application on or after July i,i983,for a permit to create an accessory dwelling unit pursuant to this subdivision,the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision(a)within i2o days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for Uoth attached and detached accessory dwelling units.No minimum or maximum size for an accessory dwelling unit,or size based upon a percentage of the existing dwelling,shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards.Accessory dwelling units shall not be required to provide fire sprinklers if they are not rPquired forthe primary residence. (d) Notwithstanding any other law,a local agency,whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a),shall not impose parldng standards for an accessory dwelling unit in any of the follo�ving instances: (1) The accessory dwelling unit is located within one-half mile of public transit. https:/Avww.j udi cata.com/statute/ca/govcode/65852.2?r=1 3�� 4!4/2017 Government Code Section 65852.2-Judicata (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parlang permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions(a)to(d),inclusive,a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure,has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (fl (i) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5(commencing with Section 66000) and Chapter�(commencing with Section 66oi2). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities,including�vater and sewer service. (A) For an accessory dwelling unit described in subdivision(e),a local agency shall not require the applicant to install a new or separate utility connection directly bet�veen the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not descriUed in subdivision(e),a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility.Consistent with Section 66oig,the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit,based upon either its size or the number of its plumbing fixtures,upon the water or sewer system.This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall suUmit a copy of the ordinance adopted pursuant to subdivision(a)to the Department of Housing and Community Development within 6o days afteradoption. (i) As used in this section,the following terms mean: (r) "Living area"means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. https://www.judicata.com/statute/ca/govcode/658522?r=1 415 M4/2017 Government Code Section 658522-Judicata (2) "Local agency"means a city,county,or city and county,whether general law or chartered. (3) For purposes of this section,"neighborhood"has the same meaning as set forth in Section 65589•5• (4) "Accessory dwelling unit"means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons.It shall include permanent provisions for living,sleeping, eating,cooking,and sanitation on the same parcel as the single-family dwelling is situated.An accessory dwelling unit also includes the following: (A) An efficiency unit,as defined in Section i7958.1 of Health and Safety Code. (B) A manufactured home,as defined in Section i800�of the Health and Safety Code. (5) "Passageway"means a pathway that is unoUstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act(Division 20 (commencing with Section 30000)of the Public Resources Code),except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. Amended byStats.2oi6, Ch.735,Sec.i.s.EffectiueJanuari�i,2oi�. Judicata�c 2oi� https://www.judi cata.com/statute/ca/govcode/65852.2?r=1 515 4/5/2017 Government Code Section 65852.22-Judicata California Government Code Section 65852.22 (a) Notwithstanding Section 65852.2,a local agency may,by ordinance,provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit,and shall do all of the following: (i) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted.The owner may reside in either the remaining portion of the stnicture or the newly created junior accessory dwelling unit.Owner-occupancy shall not be required if the owner is another governmental agency,land tnist,or housing organization. (3) Require the recordation of a deed restriction,which shall run with the land, shall be filed�vith the permitting agency,and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence,including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attiibutes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to Ue constructed within the existing walls of the stnicture,and require the inclusion of an existing bedroom. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure,with an interior entry to the main living area.A permitted junior accessory dwelling may include a second interior doonvay for sound attenuation. (6) Require the permitted junior accessory dwelling unit to include an efficiency ldtchen,which shall include all of the following: (A) A sink with a maximum waste line diameter of i.5 inches. (B) A coolang facility with appliances that do not require electrical service greaterthan i2o��olts,ornatural orpropanegas. (C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. �) (i) An ordinance shall not require additional parlang as a condition to grant a permit. https://www.judicata.comistatute/ca/govcode/65852.22?r=1 1P2 4/5/2017 Government Code Section 65852.22-Judicata (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection,including the imposition of a fee for that inspection,to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. (c) An application for a permit pursuant to this section shall,notwithstanding Section 659oi or 65906 or any local ordinance regulating the issuance of variances or special use permits,be considered ministerially,without discretionary review or a hearing.A permit shall Ue issued within 12o days of submission of an application for a permit pursuant to this section.A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation,a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city,county,city and county,or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the pttrposes of providing service for water,sewer,or power,including a connection fee,a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (fl This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation,related to parldng or a service or a connection fee for water,sewer,or power,that applies to a single-family residence that contains a junior accessory dwelling unit,so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) For purposes of this section,the follo�ving terms have the following meanings: (1) "Junior accessory dwelling uniY'means a unit that is no more than 50o square feet in size and contained entirely within an existing single-family structure.A junior accessory dwelling unit may include separate sanitation facilities,or may share sanitation facilities with the existing stnicture. (2) "Local agency"means a city,county,or city and counTy,whether general la�v or chartered. Added byStats.2oi6, Ch. �,5,5,Sec.i.EffectiueSeptember28,2oi6. Judicata Q 2oi� https://www.judicata.com/statuteJca/govcode/65852.22?r=1 �2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UHIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UHIAH CITY CODE TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Section 3702.5 of Division 4, Chapter 2,Article 3 of the Ukiah City Code is amended to read as follows: §3702.5 SEWER REQUIRED Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this ordinance. A public sewer shall be deemed to be available if a public sewer is located within two hundred feet(200') of the property line of the property involved. However, no new connection between an Accessory Dwellin�as defined in Section 9278 of this Code) and the proper public sewer will be required for an AccessorX Dwelling Unit contained within the existing space of an existing_primary residence or accessory structure and located in the R-1 zone. SECTION 2 Division 4, Chapter 2,Article 12 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by"* * *"): §3731A SEWER CONNECTION CHARGES The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the city and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit (ESSU) per dwelling unit connected to the wastewater system based on the number of bedrooms according to the following schedule: 1 Connection Fee ESSU 1. One bedroom $ 9,820.00 0.9 2. Two bedroom 10,911.00 1.0 3. Three bedroom 12,002.00 1.1 4. For each additional bedroom 1,091.00 0.1 * * * D. Connection Fees for Accessory Dwellin�Units 1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local a_�ency connection fees or capacity char�es for utilities, including water and sewer service. 2. As provided in Section 3702.5, the City will not require a new connection between an Accessory Dwellin Unit as defined in Section 9278 of this Code) and the sanitary sewer svstem for an Accessory Dwellin�Unit contained within the existin�space of an existing primary residence or accessory structure and located in the R-1 zone. Notwithstanding Section 3734A, the City shall not impose a connection fee or capacitv char�e for this type of Accessory Dwellin_�Unit• 3. For Accessory Dwelling Units that are not contained within the existin�space of an existing�rimar_y residence or accessory structure or not located in the R-1 zone, the CitX ma,�ge a connection fee or capacit,��e that is proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. SECTION 3 Section 3861 of Division 4, Chapter 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by"* * *"): §3861 WATER CONNECTION FEES A. Payment of Fees The storage and transmission and production and treatment facilities' fees are based on the size of the service. Said fees shall be due and payable prior to use and occupancy of 2 the new facility requiring the service. No certificate of occupancy shall be issued and permanent water service shall not be provided until payment is received. B. Connection Fees for Accessory Dwellin� 1. Accessory dwellin�units shall not be considered new residential uses for the purposes of calculatin� connection fees or capacity charges. 2. No new water connection shall be required, and no fee char�ed, for an AccessorX Dwellin�as defined in Section 9278 of this Code) contained within the existing space of an existin�primary residence or accessory structure and located in the R-1 zone. 3. Accessory Dwellin� Units that are not contained within the existing space of an existing�primary residence or accessory structure or not located in the R-1 zone are subject to connection fees for water service as provided in Section 3861. SECTION 4 Article 3 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by"* * *"): §9016 ALLOWED USES The following uses are allowed in single family residential(R-1) districts: * * * I Accessory Dwelling Unitsc°��a a�=�°"�„rt��r�*° on parcels developed with a single- family residence subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing Accessory Dwelling Units°°��„� a«�°"��rt��„�*° as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided I herein. Existing Accessor_y Dwelling Units°°��a a�=�°"�rrt��*� as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. B. Pursuant to California Government Code 65852.2(a)(1)(C), accessory dwellin� shall be deemed not to exceed the allowable density for the residential lot upon which an Accessory Dwelling Unit is located, and Accessor_y Dwelling Units are deemed a residential use that is consistent with the existin�general plan and zonin��nation for the residential lot on which an Accessory Dwelling Unit is located. � �C. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the applicable zoning district, and any other I requirements of this Code are met. 3 ED. The Accessory Dwellin� Unit�may be used for rental purposes. The minimum term of a lease for an Accessory Dwellin�Unit shall be thirt.�(30�ys. �E. Accessory Dwellin�Units�'°�� *° may be attached to existing single-family residences or detached as separate structures. Accessory Dwelling Units�'�� shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. I �F. The minimum lot size upon which an Accessory Dwelling Unit�may be placed is five thousand (5,000) square feet for an interior lot, and seven thousand(7,000) square feet for a corner lot. �G. The maximum size of an�Accessory Dwellin_�Unit shall be ten percent (10%) of the lot size with a maximum size of one thousand two hundred (�581200) square feet, r ^ r;*� m ,'�° ^ °a *'�r^„rt'� *'�° , �;* �ee��The increased floor area of an Accessory Dwellin�Unit that is attached to the primary residence shall not exceed 50 percent of the existin l_� iving area. I F�H. Parking requirements for the Accessory Dwelling Unit� shall be one off street space (independently accessible or tandem) for each bedroom in addition to the two (2) independently accessible parking spaces required for the existing single-family residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the Accessory Dwelling Unit°°��„a a�=�°"�r�-� r�* shall be required. Off-street parkin� shall be permitted in setback areas in [locations determined b,r� City] or through tandem parking Parking standards will not be imposed for an Accessor_y Dwelling Unit in an_ o� following instances: (1) The Accessory Dwelling Unit is located within one-half mile of public transit. (2) The Accessory Dwelling Unit is located within an architecturally and historicallX significant historic district. (3) The Accessory Dwelling Unit is part of the existin�primary residence or an existing accessory structure. (4) When on-street parkin�permits are required but not offered to the occupant of the Accessor_y Dwellin� (5) When there is a car share vehicle located within one block of the Accessor_y Dwelling Unit. 4 � �L The Accessory Dwelling Unit�must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the city with the type of ineter arrangement at the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for a second dwelling unit. No new water or sewer connection fees ma. b�quired for Accessory Dwellin� Units that are contained within the existing�pace of a single-family residence or accessory structure as provided in Sections 3731A and 3861.B. AccessorX Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. � �J. The Accessory Dwellin�Unit�shall comply with all applicable requirements of this code. �K. The maximum height for Accessory Dwelling Units� shall be eighteen feet(18'), except for attached accessory dwellin�units, which shall have a maximum hei�ht of thirt. f�30'), pursuant to Section 9018 of this Chapter. Taller units may be approved through the use permit process. �L. The following yard setback requirements shall apply to �Accessory Dwellin� Units°°^^ra a«,°";r� „�;+� in the R-1 (single-family residential) zoning district: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet(5'). 2. Side Yard, Single-Story: Side yard for single-story unit: Five feet (5'). 3. Side Yard, Two-Story: Side yard for two-story unit: Ten feet(10'). 4. Rear Yard, Single-Story: Rear yard for single-story unit: Five feet (5'). 5. Rear Yard, Two-Story: Rear yard for two-story unit: Ten feet(10'). If the subject parcel abuts a differently zoned parcel, then the side and rear yard setbacks shall be the same as for the adjoining parcel. Existing structures proposed for conversion to an Accessory Dwelling Unit�� a�=�°"�rR��r�*must comply with the above yard setback requirements, except that no setback will be required for an existin�garage that is converted to an accessory dwelling unit. A setback of no mare than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. � �M. The proposed Accessory Dwelling Units�shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family residence unless it is not obviously visible from the street in front of the residence. I A�N. One of the units on the parcel shall be occupied by the property owner. 5 I �O. Any balcony, window or door of an Accessory Dwellin�°°�^Na a��°"�rR„r;* shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not a�ply to an Accessory Dwellin�Unit that is contained within the existing space of a sin�le-family residence or accessorv structure. I 9P. Driveways accessing Accessor��welling Units� shall be set back a minimum of five feet (5') from any structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway. gQ. The minimum width of a driveway serving an Accessorv Dwellin�Units�e�� shall be�rtwelve feet (�12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the second unit even though � the driveway has a width less than twelve feet(�12'). QR. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to article 20 of this chapter. S. Applications for a building_permit for an Accessorv Dwellin�Unit shall be considered ministerially without discretionary review or a hearing within 120 da. s� receivin tg he application. T. A�plications for a building�ermit far an Accessor_y Dwelling Unit that is contained within the existing space of an existin�primary residence or accessory structure and located in the R-1 zone shall be a�proved ministerially if the unit is the sole Accessory Dwelling Unit on the lot,has independent exterior access from the existing residence, and has side and rear setbacks that are sufficient for fire safety. No additional parkin� or other development standards as set forth in subdivisions (F) throu h�(H�, (K� through (M), and(0) throu h�(R) of this Section shall be a�plied except for buildin c�ode requirements. This subdivision shall not apply to Accessory Dwelling Units that are not located within the R-1 zone. * * * §9018 BUILDING HEIGHT LIMITS The following shall be the maximum limits for height of buildings in single-family residential(R-1) districts: A. For single-family dwellings and attached �°��„�' a«�°"�rR��„�*�Accessory Dwelling Units, a maximum height of thirty feet(30'). 6 B. For accessory buildings a maximum height of twenty feet(20') or the maximum height of the main building whichever is less. C. The height limits for both dwelling units and accessory structures may be exceeded with the securing of a use permit. The height limit for second dwelling units may be exceeded through the second unit use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. * * * §9021 REQUIRED PARKING A. The minimum parking area required in single-family residential (R-1) districts is two (2) on site independently accessible spaces for each dwelling unit. Second dwelling units require one additional on site independently accessible parking space, except as provided in Section 9016 of this Chapter. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this chapter. SECTION 2 Section 9278 in Division 9, Chapter 2, Article 21 of the Ukiah City Code (unchanged text is omitted and is shown by "* * *"): � � � DWELLING LJNIT: A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. DWELLINGLTNIT, c�r�n�.Tr�nnvACCESSORY: ^ �° r�^r�.r �;a°r*;^� �^,,;��;r^ > > ;ao � An attached or a detached residential dwelling unit, located on a parcel in the R-1, R-2, and R-3 Zoning Districts that has been developed with a primar_��gle-family residence, which provides complete independent living facilities for one or more persons. It can be wholly contained within the footprint of the existing�rimar_y, single-family residence or an existing accessory structure. It shall include permanent provisions for livin ,g sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwellin�is situated. An Accessor_y Dwellin�Unit also includes the following_ (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. 7 EASEMENT: A right given by the owner of land to another party for specific limited use or enjoyment of that land. * * * SECTION 2 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty(30) days after its adoption. Introduced by title only on , 2017 by the following roll call vote: AYES: NOES: ABSTAIN: AB SENT: Adopted on , 2017, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Jim O. Brown,Mayor ATTEST: 8 Kristine Lawler, City Clerk 9 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UHIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UHIAH CITY CODE TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Section 3702.5 of Division 4, Chapter 2,Article 3 of the Ukiah City Code is amended to read as follows: §3702.5 SEWER REQUIRED Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this ordinance. A public sewer shall be deemed to be available if a public sewer is located within two hundred feet(200') of the property line of the property involved. However, no new connection between an Accessory Dwelling Unit(as defined in Section 9278 of this Code) and the proper public sewer will be required for an Accessory Dwelling Unit contained within the existing space of an existing primary residence or accessory structure and located in the R-1 zone. SECTION 2 Division 4, Chapter 2,Article 12 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by"* * *"): §3731A SEWER CONNECTION CHARGES The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the city and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit (ESSU) per dwelling unit connected to the wastewater system based on the number of bedrooms according to the following schedule: 1 Connection Fee ESSU 1. One bedroom $ 9,820.00 0.9 2. Two bedroom 10,911.00 1.0 3. Three bedroom 12,002.00 1.1 4. For each additional bedroom 1,091.00 0.1 * * * D. Connection Fees for Accessory Dwelling Units 1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. 2. As provided in Section 3702.5, the City will not require a new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the sanitary sewer system for an Accessory Dwelling Unit contained within the existing space of an existing primary residence or accessory structure and located in the R-1 zone. Notwithstanding Section 3734A, the City shall not impose a connection fee or capacity charge for this type of Accessory Dwelling Unit. 3. For Accessory Dwelling Units that are not contained within the existing space of an existing primary residence or accessory structure or not located in the R-1 zone, the City may charge a connection fee or capacity charge that is proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. SECTION 3 Section 3861 of Division 4, Chapter 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §3861 WATER CONNECTION FEES A. Payment of Fees The storage and transmission and production and treatment facilities' fees are based on the size of the service. Said fees shall be due and payable prior to use and occupancy of the new facility requiring the service. No certificate of occupancy shall be issued and permanent water service shall not be provided until payment is received. 2 B. Connection Fees for Accessory Dwelling Units 1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges. 2. No new water connection shall be required, and no fee charged, for an Accessory Dwelling Unit (as defined in Section 9278 of this Code) contained within the existing space of an existing primary residence or accessory structure and located in the R-1 zone. 3. Accessory Dwelling Units that are not contained within the existing space of an existing primary residence or accessory structure or not located in the R-1 zone are subject to connection fees for water service as provided in Section 3861. SECTION 4 Article 3 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by"* * *"): §9016 ALLOWED USES The following uses are allowed in single family residential (R-1) districts: * * * Accessory Dwelling Units on parcels developed with a single-family residence subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing Accessory Dwelling Units as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing Accessory Dwelling Units as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. B. Pursuant to California Government Code 65852.2(a)(1)(C), accessory dwelling units shall be deemed not to exceed the allowable density for the residential lot upon which an Accessory Dwelling Unit is located, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning designation for the residential lot on which an Accessory Dwelling Unit is located. C. These regulations do not allow the division of property upon which a second unit is located unless all requirements of the applicable zoning district, and any other requirements of this Code are met. D. The Accessory Dwelling Unit may be used for rental purposes. The minimum term of a lease for an Accessory Dwelling Unit shall be thirty(30) days. 3 E. Accessory Dwelling Units may be attached to existing single-family residences or detached as separate structures. Accessory Dwelling Units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. F. The minimum lot size upon which an Accessory Dwelling Unit may be placed is five thousand (5,000) square feet for an interior lot, and seven thousand (7,000) square feet for a corner lot. G. The maximum size of an Accessory Dwelling Unit shall be ten percent (10%) of the lot size with a maximum size of one thousand two hundred(1200) square feet. The increased floor area of an Accessory Dwelling Unit that is attached to the primary residence shall not exceed 50 percent of the existing living area. H. Parking requirements for the Accessory Dwelling Unit shall be one off street space (independently accessible or tandem) for each bedroom in addition to the two (2) independently accessible parking spaces required for the existing single-family residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the Accessory Dwelling Unit shall be required. Off-street parking shall be permitted in setback areas in [locations determined by the City] or through tandem parking Parking standards will not be imposed for an Accessory Dwelling Unit in any of the following instances: (1) The Accessory Dwelling Unit is located within one-half mile of public transit. (2) The Accessory Dwelling Unit is located within an architecturally and historically significant historic district. (3) The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit. (5) When there is a car share vehicle located within one block of the Accessory Dwelling Unit. I. The Accessory Dwelling Unit must meet all applicable building and fire codes, and shall have electric, water and sewer service provided through the city with the type of meter arrangement at the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for a second dwelling unit. No new water or sewer connection fees may be required for Accessory Dwelling Units that are contained within the existing space of a single-family residence or accessory structure as provided in Sections 3731A and 3861.B. Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. 4 J. The Accessory Dwelling Unit shall comply with all applicable requirements of this code. K. The maximum height for Accessory Dwelling Units shall be eighteen feet (18'), except for attached accessory dwelling units, which shall have a maximum height of thirty feet(30'), pursuant to Section 9018 of this Chapter. Taller units may be approved through the use permit process. L. The following yard setback requirements shall apply to Accessory Dwelling Units in the R-1 (single-family residential) zoning district: 1. Front Yard: The same as the existing single-family residence, but no closer than five feet(5'). 2. Side Yard, Single-Story: Side yard for single-story unit: Five feet (5'). 3. Side Yard, Two-Story: Side yard for two-story unit: Ten feet(10'). 4. Rear Yard, Single-Story: Rear yard for single-story unit: Five feet(5'). 5. Rear Yard, Two-Story: Rear yard for two-story unit: Ten feet(10'). If the subject parcel abuts a differently zoned parcel, then the side and rear yard setbacks shall be the same as for the adjoining parcel. Existing structures proposed for conversion to an Accessory Dwelling Unit must comply with the above yard setback requirements, except that no setback will be required for an existing garage that is converted to an accessory dwelling unit. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. M. The proposed Accessory Dwelling Unitsshall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single- family residence unless it is not obviously visible from the street in front of the residence. N. One of the units on the parcel shall be occupied by the property owner. O. Any balcony, window or door of an Accessory Dwelling Unit shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not apply to an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure. 5 P. Driveways accessing Accessory Dwelling Units shall be set back a minimum of five feet(5') from any structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway. Q. The minimum width of a driveway serving an Accessory Dwelling Unit shall be twelve feet(12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the second unit even though the driveway has a width less than twelve feet(12'). R. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to article 20 of this chapter. S. Applications for a building permit for an Accessory Dwelling Unit shall be considered ministerially without discretionary review or a hearing within 120 days after receiving the application. T. Applications for a building permit for an Accessory Dwelling Unit that is contained within the existing space of an existing primary residence or accessory structure and located in the R-1 zone shall be approved ministerially if the unit is the sole Accessory Dwelling Unit on the lot, has independent exterior access from the existing residence, and has side and rear setbacks that are sufficient for fire safety. No additional parking or other development standards as set forth in subdivisions (F) through (H), (K) through(M), and (0) through(R) of this Section shall be applied except far building code requirements. This subdivision shall not apply to Accessory Dwelling Units that are not located within the R-1 zone. * * * §9018 BUILDING HEIGHT LIMITS The following shall be the maximum limits for height of buildings in single-family residential (R-1) districts: A. For single-family dwellings and attached Accessory Dwelling Units, a maximum height of thirty feet (30'). B. For accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building whichever is less. C. The height limits for both dwelling units and accessory structures may be exceeded with the securing of a use permit. The height limit for second dwelling units may be exceeded through the second unit use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. * * * §9021 REQUIRED PARHING 6 A. The minimum parking area required in single-family residential(R-1) districts is two (2) on site independently accessible spaces for each dwelling unit. Second dwelling units require one additional on site independently accessible parking space, except as provided in Section 9016 of this Chapter. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this chapter. SECTION 2 Section 9278 in Division 9, Chapter 2, Article 21 of the Ukiah City Code (unchanged text is omitted and is shown by "* * *"): � � � DWELLING LTNIT: A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. DWELLING UNIT, ACCESSORY: An attached or a detached residential dwelling unit, located on a parcel in the R-1, R-2, and R-3 Zoning Districts that has been developed with a primary single-family residence, which provides complete independent living facilities for one or more persons. It can be wholly contained within the footprint of the existing primary, single-family residence or an existing accessory structure. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An Accessory Dwelling Unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. EASEMENT: A right given by the owner of land to another party for specific limited use or enjoyment of that land. * * * SECTION 2 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions,paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, 7 subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty(30) days after its adoption. Introduced by title only on , 2017 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Adopted on , 2017, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Jim O. Brown,Mayor ATTEST: Kristine Lawler, City Clerk 8