HomeMy WebLinkAbout1047ORDINANCE NO. 1047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING ARTICLE 3, 4, 5, 6, 7, AND 8 OF CHAPTER 2 (ZONING) OF DIVISION 9
OF THE UKIAH MUNICIPAL CODE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE
Pursuant to Section 9265 of the Ukiah Municipal Code, Division 9, Chapter 2
(Zoning) is amended by revising the allowed and permitted land use sections in the R-1
(Single Family Residential), R-2 (Medium Density Residential), R-3 (High density
Residential), C-N (Neighborhood Commercial), C-1 (Community Commercial), and C-2
(Heavy Commercial) Zoning Districts as indicated on the attached Exhibit "A."
SECTION TWO
The amendments to Article 21 of Chapter 2 of the Ukiah Municipal Code include
making second dwelling units "allowed" rather than "permitted" land uses, which means
that no discretionary review or public hearings are required for projects designed to be
consistent with the adopted standards. The amendments also revise the standards, and
establish a Use Permit process for projects seeking relief from the standards.
SECTION THREE
This amendment to Article 21 of Chapter 2 of the Ukiah Municipal Code is
necessary to achieve consistency with Assembly Bill 1866 signed into law on September
29, 2002.
SECTION FOUR
The revisions to the second dwelling unit regulations are exempt from the
requirements of the California Environmental Quality Act (CEQA), pursuant to Section
15282(i) of the CEQA Guidelines.
SECTION FIVE
This Ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
ORDINANCE NO.1047
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SECTION SiX
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on June 18,2003 by the following roll call vote:
AYES: Councilmember Rodin, Anderson, Smith Baldwin and Mayor Larson
NOES' None ' '
ABSENT: None
ABSTAIN' None
Introduced Ordinance amended on July 9, 2003 by the following role call vote:
AYES' Councilmember Rodin, Anderson, Smith, Baldwin, and Mayor Larson
NOES: None
ABSENT: None
ABSTAIN: None
Passed and adopted on July 16, 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Rodin, Andersen, Smith, and Mayor Larson
Councilmember Baldwin
None
None
Eric L'a'~'0n, Mayor
ATTEST:
Marie Ulvila, City Clerk
ORDINANCE N0.1047
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EXHIBIT A
Ordinance No. 1047
Add the following to "Allowed Uses" in the R1 (Section 9017) R2 (Section 9031) R3 (Section 9046)
CN (Section 9061) C1 (Section 9081) and C2 (Section 9096) Zoning Districts. Also delete second
dwelling units in "Permitted Uses" in the R-1 Zoning District (9017) and CN Zoning District (9062):
Second dwelling units on parcels developed with a single-family residence subject to the following
standards/criteria:
Ao
The requirements of this subsection are applicable to all existing second 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 second 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,
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 the
Ukiah Municipal Code are met.
C. The second unit may be used for rental purposes.
D,
Second units may be attached to existing single-family residences or detached as separate
structures. The second dwelling unit 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.
E. The minimum lot size upon which a second 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.
F,
The maximum size of a second unit shall be ten percent (10%) of the lot size with a
maximum size of 750 square feet. Larger units may be approved through the Use Permit
process.
G,
Parking requirements for the second 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 second dwelling unit shall be required.
H,
The second 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.
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I. The second unit shall comply with all applicable Ukiah Municipal Code requirements.
J. The maximum height for second units shall be eighteen feet (18'). Taller units may be
approved through the Use Permit process.
K. The following yard setback requirements shall apply to all second 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 for single-stow unit: Five feet (5').
3. Side yard for two-story unit: Ten feet (10').
4. Rear Yard for single-stow unit: Five feet (5').
5. 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 a second dwelling unit must comply with
the above yard setback requirements.
L. The proposed second unit 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.
M. One of the units on the parcel shall be occupied by the property owner.
N. Any balcony, window or door of a second 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.
O. Driveways accessing second units shall be setback a minimum of five feet (5') from any
structure on an adjoining parcel that has a bedroom adjacent to the proposed driveway.
P. The minimum width of a driveway serving a second dwelling unit shall be 18-feet, unless the
City Fire Marshall determines that adequate fire protection can be provided to the second
unit even though the driveway has a width less than 18-feet.
Q. Unless otherwise indicated, relief from the above criteria and standards may be pursued
through the Use Permit process pursuant to Article 20.
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