HomeMy WebLinkAbout996 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9, CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE
Pursuant to Section 9260 of the Ukiah City Code, Division 9, Chapter 2 (Zoning)
is amended to create a new Article entitled, "Administration and Procedures." The text
of this new Article is attached as Exhibit "A."
SECTION TWO
The new Article created by this amendment to the City Code combines a number
of existing Sections and Articles, which necessitates their recision. Specifically, the
following Sections and Articles are hereby rescinded: Sections 9210, 9211,9213, 9214,
and 9215, all dealing with the Office of the Zoning Administrator; Section 9208,
establishing Site Development Permits; Article 18 - Use Permits, Variances, and
Amendments; and Article 20 -Amendments; Existing Article 19 shall become Article 18;
existing Article 21 shall become Article 19; and the new "Administration and Procedures"
Article shall become new Article 20.
SECTION THREE
This amendment to Chapter 2 of the Ukiah City Code is necessary to improve and
enhance zoning administration, and to provide more user friendly zoning regulations to
the citizens of Ukiah.
SECTION FOUR
This Ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
SECTION FIVE
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on October 1, 1997, by the following roll call vote:
AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone
NOES: None
ABSENT: None
ABSTAIN: None
Passed and adopted on October 15, 1997, by the following roll call vote:
AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone
NOES: None
ABSENT: Councilmember Chavez
ABSTAIN: None
S'he'ri'dan Malone, Mayorj
ATTEST:
Colleen B. Henderson, City Clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
EXHIBIT "A"
ORDINANCE NO. 996
ARTICLE 20.
Division 9 - Chapter 2
ZONING
ADMINISTRATION AND PROCEDURES
SECTION:
9260 Purpose
9261 Discretionary Planning Permits
9262 Use Permit Procedures
9263 Site Development Permit Procedures
9264 Variance Procedures
9265 Zoning Text Amendments and Rezonings
9266 Appeals
9267 Prezoning
9268 Zoning Administrator
9260: PURPOSE: The purpose of this Article is to establish the development permit and
rezoning/prezoning processing procedures, and to establish the process and legal procedures
associated with the enforcement of the provisions of this Chapter. Additionally, this Article
establishes the Office of the Zoning Administrator.
9261: DISCRETIONARY PLANNING PERMITS: The City's discretionary planning permits
include Use Permits, Site Development Permits, and Variances.
A. Use Permits: A Use Permit is an entitlement that permits a certain use of land in a
zoning distdct where the use is not allowed by right. Each zoning district contains both allowed
and permitted land uses. "Allowed" land uses are allowed without a Use Permit, while
"permitted" uses can only be established with the securing of a Use Permit. Use Permits are
usually issued with "conditions", and are intended to provide flexibility by permitting land uses
ORDINANCE NO. 996
Exhibit "A"
Page 1 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
that will not have an adverse impact on surrounding land uses or the general public. The
detailed provisions for Use Permits are contained in Section 9262 of this Article.
B, Site Development Permits: Site Development Permits are required for the
construction of new multiple-family residential, commercial, and industrial structures, or the
substantial exterior modification of existing multiple-family residential, commercial, and industrial
structures. Projects exempt from the Site Development Permit process include interior building
remodels, repair and maintenance of structures or parking areas, minor alterations on building
exteriors, and minor accessory structures to established, multiple-family residential, commercial,
and industrial buildings. Upon request, the Planning Director shall determine whether a project
is exempt under this subsection in accordance with the following standards:
1. The project involves an addition of less than 150 square feet to an existing structure,
and the addition would not be highly visible from any public street; or
2. The project involves minor facade modifications that would not significantly change
the architectural character or appearance of the structure.
The detailed provisions for Site Development Permits are contained in Section 9263 of
this Article.
C. Variance Permits: A Variance is a permit to deviate from the terms of the zoning
ordinance. It provides relief from specific site development regulations. It is provided for
because there are individual lots which, due to some unusual characteristic, cannot be put to
productive use if all detailed regulations (e.g. yard setbacks, height) are strictly applied.
Variances are not issued for land uses ("Use Variance") or relief of lot size requirements. The
detailed provisions for Variances are contained in Section 9264 of this Article.
D. Major and Minor Use Permits, Site Development Permits, and Variances: At
the time of application submittal, the Planning Director or assigned designee shall determine if
the proposed project constitutes a major or minor Use Permit, Site Development Permit, or
ORDINANCE NO. 996
Exhibit "A"
Page 2 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Variance. The Planning Director or assigned designee shall be guided by the following criteria
when determining whether a discretionary planning permit is major or minor:
1. Facade improvements, small additions/expansions of more than 150 square feet to
existing structures, minor amendments to previously approved permits, and changes in use of
existing structure(s) that do not require additional parking, and will not generate substantial
amounts of additional traffic, noise, or other potential nuisances shall be considered minor in
nature.
In the C-N (Neighborhood Commercial) zoning district, a Use Permit is required to exceed
the maximum 30% floor area ratio standard. A proposal to exceed this standard by less than
10% is considered a minor Use Permit.
2. New construction on vacant parcels, large additions/expansions to existing buildings,
substantial amendments to previously approved permits, and changes in use of existing
structure(s) that would require an expansion of an existing parking facility, or that could generate
substantial amounts of additional traffic, noise, or other nuisances shall be considered a major
permit.
3. Minor Variance applications are those seeking less than 50 percent relief from a yard
setback requirement in a particular zoning district, or a height of less than five feet over what is
allowed in a particular zoning district.
4. Other small and relatively insignificant applications as determined by the Planning
Director shall be considered minor.
E. Use or Project not Established: VVhenever in this Article a permit is subject to
revocation because the use or project for which the permit was issued is not established within
required time limits, "not established" shall mean that the permittee has not taken substantial
steps and has not incurred substantial expense to construct, complete and commence the use
for which the permit was issued, and is not diligently completing the project and commencing
the use for which the permit was issued.
ORDINANCE NO. 996
Exhibit "A"
Page 3 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
9262: USE PERMIT PROCEDURES: Use Permit application and processing procedures shall
be as follows:
A. General: Use Permits shall be issued as provided in this Chapter only for land uses
or purposes for which such permits are required. The Zoning Administrator or Planning
Commission shall conduct a public hearing and decide all applications for Use Permits required
by this Chapter. If the Planning Director determines that the Use Permit application is minor in
nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning
Director determines that the Use Permit application is major, it shall be scheduled for
consideration by the Planning Commission for public hearing and action.
Projects requiring a Use Permit for new construction or exterior modifications need not
have a separate Site Development Permit. Site Development review, criteria, and findings shall
be incorporated into the Use Permit process.
B. Application Filing and Submittal Requirements: Applications for Use Permits shall
be filed with the City Planning Department and shall be accompanied by a plot plan sufficient to
show the details of the proposed use or building, as well as surrounding land uses, and any
other project related information deemed necessary by the Planning Director. Application fees
shall be established from time to time by Resolution of the City Council adopted in accordance
with the procedures required by law. The payment of the established fee shall be made at the
time of application submittal.
C. Public Noticing Requirements: The City shall follow the public noticing procedures
of the California Government Code. Failure of any person to receive mailed notice or failure to
post notice shall not invalidate any proceedings conducted by the decision-making body. Unless
in conflict with the notice requirements of the Government Code, notices of public hearings on
applications for Use Permits shall be given at least ten (10) days prior thereto, by the following
manner:
ORDINANCE NO. 996
Exhibit "A"
Page 4 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. Publication in a newspaper of general circulation in the City.
2. Notice by mail, using addresses from the latest equalized assessment roll, to all
owners of property within a three hundred (300) foot distance of any boundary of the subject
property, and to the project applicant or agent, as well as to the property owner of record.
3. Notice shall be mailed or delivered at least ten (10) days prior to the hearing
to each local agency expected to provide essential facilities and services which
may be significantly effected.
4. The subject property shall be posted in three (3) locations ten days prior to
the public hearing.
D. Action on Use Permits: All applications for Use Permits shall be considered and
acted upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon
all minor Use Permit applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council
for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon
all major Use Permit applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council
for a final decision.
5. At the discretion of the Planning Director, any Use Permit application may be
scheduled for consideration and decision-making by the Planning Commission.
6. Any Use Permit application which is reviewed by the Zoning Administrator or the
Planning Commission may be approved, conditionally approved, or denied.
E, Findings: Findings are required to grant a Use Permit.
1. The Zoning Administrator or the Planning Commission, on the basis of the
ORDINANCE NO. 996
Exhibit "A"
Page 5 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
evidence submitted at the hearing, may grant Use Permits required by the provisions of this
Article whenever findings of fact support the following determinations:
a. The proposed land use is consistent with the provisions of this title as well
as the goals and policies of the City General Plan.
b. The proposed land use is compatible with surrounding land uses and shall
not be detrimental to the public's health, safety and general welfare.
2. The findings shall not be vague and conclusionary. 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.
F. Conditions of Approval: Conditions of project approval may be imposed on Use
Permit applications.
1. In approving a Use Permit, the Zoning Administrator or Planning Commission may
include such conditions as are deemed reasonable and necessary to preserve the integrity and
character of the zoning district and the General Plan. Such conditions shall promote the safe
and orderly use of the property, and assure compatibility with surrounding land uses. Nothing
in this Chapter shall be construed to limit the discretion or the authority of the Zoning
Administrator or Planning Commission to require conditions, provided the conditions constitute
a lawful exercise of the police power and not a taking of private property under the 5th
Amendment of the United States Constitution.
2. The Zoning Administrator or Planning Commission may condition a Use Permit
to prohibit the occupancy of a building, structure, or land use until an inspection has been made
which finds that the building, structure, or land use complies with all conditions specifically
required to be completed pdor to occupancy. If a Use Permit is so conditioned, the Zoning
Administrator or Planning Commission shall notify the City Building Official of such conditions.
ORDINANCE NO. 996
Exhibit "A"
Page 6 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
If a building permit is issued for a building or structure which is subject to a Use Permit so
conditioned, the Building Official shall not approve a final inspection of such building or structure
until the conditions have been met; provided, however, that responsibility for assuring applicant
compliance with the provisions of the Use Permit remains with the Planning Director. The
Planning Commission orthe Zoning Administrator may also require conditions be completed prior
to the issuance of building permits.
G. Effective Date: The Use Permit shall be deemed legally in effect when the appeal
period has lapsed, unless a timely appeal is properly filed. If an appeal is filed, the Use Permit
shall become effective upon final approval by the City Council. This date shall be so noted in
the official Use Permit application file and shall also be noted upon the issued Use Permit and/or
approval confirmation letter.
H, Expiration and Revocation: The following provisions detail the Use Permit
expiration and revocation process.
1. An approved Use Permit may be revoked through the City's revocation process if the
use for which the Use Permit was granted is not being conducted in compliance with the Use
Permit as conditioned, or:
a. If any land use for which a Use Permit has been granted and issued is not
established within two years of the Use Permit's effective date; or
b. If the established land use for which the permit was granted has ceased
or has been suspended for twenty four (24) consecutive months.
2. Procedure: If a Use Permit is subject to revocation under subsection H(1), the City
shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be
provided in accordance with subsection C.
b. Hearing: The Planning Commission shall conduct a public hearing to
ORDINANCE NO. 996
Exhibit "A"
Page 7 of 21
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
determine whether the permit shall be revoked and shall make findings
that comply with subsection E(2).
c. Appeal: The Planning Commission decision shall be subject to appeal in
accordance with Section 9266.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant
to subsection H(1) (a) or (b) from applying for a new permit in accordance with the procedures
for new applications.
I. Renewal: Use Permits may be renewed for an additional period not to exceed one
(1) year provided, if an application for renewal is filed with the Planning Department prior to the
expiration of the permit. The application shall consist of a detailed letter explaining the reason(s)
for the request. The Planning Director shall grant or deny an application to renew a Use Permit,
and shall provide an explanation of his decision, in writing, to the applicant. The Planning
Director's decision to approve a renewal shall generally be based upon a determination that all
the circumstances associated with the original approval are substantially the same at the time
of the renewal application. An appeal of the Planning Director's decision may be made to the
City Council for a final decision. Any such appeal must comply with the requirements
of Section 9266 of this Article.
9263: SITE DEVELOPMENT PERMIT PROCEDURES: The following regulations govern the
submittal, review, and processing of Site Development Permits.
A, General: Site Development Permits shall be issued as provided in this Chapter only
for site development projects for which such permits are required. The Zoning Administrator or
Planning Commission shall conduct a public hearing and decide all applications for Site
Development Permits required by this title. If the Planning Director determines that the Site
Development Permit application is minor in nature, it shall be scheduled for a public hearing
before the Zoning Administrator. If the Planning Director determines that the Site Development
ORDINANCE NO. 996
Exhibit "A"
Page 8 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Permit application is major, it shall be referred to the Planning Commission for public hearing
and action.
B. Application Filing and Submittal Requirements: All applications for Site
Development Permits shall include the following information:
A detailed Site Plan sufficient to fully illustrate the proposed project and adjoining
land uses.
2.
3.
4.
Elevation drawings of all proposed structures.
Details of all proposed signs.
A landscaping plan detailing all new and existing landscaping to be incorporated
into the design of the project.
5. A floor plan of the proposed structure.
6. A parking plan.
7. Any other project related information requested by the Planning Director.
8. The actual application form and filing fee, which shall be established from time to
time by Resolution adopted by the City Council in accordance with such procedures as required
by law.
C. Public Noticing Requirements: Failure of any person to receive mailed notice or
failure to post notice shall not invalidate any proceedings conducted by the decision-making
body. Notices of public hearings on applications for Site Development Permits shall be given
at least ten (10) days prior thereto, by the following manner:
1. Publication in a newspaper of general circulation in the City.
2. Notices shall be mailed, using addresses from the latest equalized assessment
roll, to all owners of property within a three hundred (300) foot distance of any
boundary of the subject property, and to the project applicant or agent, as well as
to the property owner of record.
ORDINANCE NO. 996
Exhibit "A"
Page 9 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. Notice shall also be mailed or delivered at least ten (10) days prior to the hearing
to each local agency expected to provide essential facilities and services which
may be significantly effected.
4. The subject property shall also be posted in three (3) locations ten days prior to
the public hearing.
D. Action on Site Development Permits: All applications for Site Development Permits
shall be considered and acted upon by either the Zoning Administrator or the Planning
Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon
all minor Site Development Permit applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council
for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon
all major Site Development Permit applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council
for a final decision.
5. At the discretion of the Planning Director, any Site Development Permit
application may be directed to the Planning Commission for consideration and
decision-making action.
6. Any Site Development Permit application which is reviewed by the Zoning
Administrator or the Planning Commission may be approved, conditionally
approved, or denied.
E. Findings: The Zoning Administrator and/or Planning Commission shall make findings
when acting to approve Site Development Permit applications. The findings shall not be vague
and conclusionary. The findings shall be sufficiently detailed to appraise a reviewing court of the
ORDINANCE NO. 996
Exhibit "A"
Page 10 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
basis of the action by bddging the gap between the evidence and the decision-makers
conclusions, and shall be based upon evidence contained in the administrative record. Failure
to make findings that support the following determinations shall result in a denial of the Site
Development Permit application:
The proposal is consistent with the goals, objectives, and policies of the City
General Plan.
2.
The location, size, and intensity of the proposed project will not create a
hazardous or inconvenient vehicular or pedestrian traffic pattern.
3. The accessibility of off-street parking areas and the relation of parking areas with
respect to traffic on adjacent streets will not create a hazardous or inconvenient condition to
adjacent or surrounding uses.
4. Sufficient landscaped areas have been reserved for purposes of separating or
screening the proposed structure(s) from the street and adjoining building sites, and breaking
up and screening large expanses of paved areas.
5. The proposed development will not restrict or cut out light and air on the property,
or on the property in the neighborhood; nor will it hinder the development or use of buildings in
the neighborhood, or impair the value thereof.
6. The improvement of any commercial or industrial structure will not have a
substantial detrimental impact on the character or value of an adjacent residential zoning district.
7. The proposed development will not excessively damage or destroy natural
features, including trees, shrubs, creeks, and the natural grade of the site.
8. There is sufficient variety, creativity, and articulation to the architecture and design
of the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external
appearance.
F. Conditions of Approval:
Development Permit applications.
Conditions of project approval may be imposed on Site
ORDINANCE NO. 996
Exhibit "A"
Page 11 of 21
1
2
$
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
1. In approving a Site Development Permit, the Zoning Administrator or Planning
Commission may include such conditions as are deemed reasonable and necessary to maintain
or assure compliance with the standards/criteria listed in Section E. Nothing in this Section shall
be construed to limit the discretion of the authority of the Zoning Administrator or Planning
Commission to require conditions.
2. The Zoning Administrator or Planning Commission may condition a Site
Development Permit to prohibit occupancy of a project building until an inspection has been
made which finds that the project building, landscaping and other required improvements have
been completed, and the project complies with all conditions specifically required to be
completed prior to occupancy. If a Site Development Permit is so conditioned, the Planning
Director shall notify the City Building Official of such conditions. If a building permit is issued for
a building or structure which is subject to a Site Development Permit so conditioned, the Building
Official shall not approve a final inspection of such building or structure until the conditions have
been satisfied. The Planning Commission or the Zoning Administrator may also require
conditions be completed prior to the issuance of building permits.
G. Effective Date: The Site Development Permit shall be deemed legally in effect when
the appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed,
the permit shall be deemed legally effective when finally approved by the City Council. This date
shall be so noted in the official Site Development Permit application file and shall also be noted
upon the issued Site Development Permit and/or approval confirmation letter.
H. Expiration and Revocation: The following provisions detail the Site Development
Permit expiration and revocation process.
1. An approved Site Development Permit may be revoked through the City's
revocation process if the site development project is not being conducted in compliance with the
ORDINANCE NO. 996
Exhibit "A"
Page 12 of 21
1
2
$
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Site Development Permit, as conditioned, or:
a. If any project for which a Site Development Permit has been granted and
issued is not established within two years of the Site Development
Permit's effective date; or
b. If the established land use for which the permit was granted has ceased
or has been suspended for twenty four (24) consecutive months.
2. Procedure: If a Site Development Permit is subject to revocation under subsection
I(1), the City shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be
provided in accordance with subsection C.
b. Hearing: The Planning Commission shall conduct a public hearing to
determine whether the permit shall be revoked and shall make findings
that comply with subsection E.
c. Appeal: The Planning Commission decision shall be subject to appeal in
accordance with Section 9266.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant
to subsection I(1) (a) or (b) from applying for a new permit in accordance with the procedures
for new applications.
I. Renewal: Site Development Permits may be renewed for an additional period not
to exceed one (1) year provided, prior to the expiration of the permit, an application for renewal
is filed with the Planning Department. The application shall consist of a detailed letter explaining
the reason(s) for the request. The Planning Director shall grant or deny an application to renew
a Site Development Permit, and shall provide an explanation of his decision, in writing, to the
applicant. The Planning Director's decision to approve a renewal shall generally be based upon
a determination that all the circumstances associated with the original approval are substantially
ORDINANCE NO. 996
Exhibit "A"
Page 13 of 21
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the same at the time of the renewal application. An appeal of the Planning Director's decision
may be made to the City Council for a final decision. Any such appeal must comply
with the requirements of Section 9266 of this Article.
9264: VARIANCE PROCEDURES: Variance applications and processing procedures shall be
as follows:
A. Application Filing and Submittal Requirements: Applications for Variances shall
be made to the City Planning Department by filling out the required Variance application form,
and submitting a detailed plot plan of the subject property, as well as surrounding land uses,
elevation drawings, and any other project related information deemed necessary by the Planning
Director. The appropriate filing fee must also be paid at the time of application submittal.
B, Public Noticing Requirements: The City shall follow the public noticing procedures
of the California Government Code. Failure of any person to receive mailed notice or failure to
post notice shall not invalidate any proceedings conducted by the decision-making body. Unless
in conflict with the provisions of the Government Code, notices of public hearings on applications
for Variances shall be given at least ten (10) days prior thereto, by the following manner:
1. Publication in a newspaper of general circulation in the City.
2. Notices shall be mailed, using addresses from the latest equalized assessment
roll, to all owners of property within a three hundred (300) foot distance of any boundary of the
subject property, and to the project applicant or agent, as well as to the property owner of
record.
3. Mailed or delivered at least ten (10) days prior to the headng to each local agency
expected to provide essential facilities and services which may be significantly effected.
4. The subject property shall be posted in three (3) locations ten days prior to the
public headng.
C. Action on Variances: All applications for Variances shall be considered and acted
ORDINANCE NO. 996
Exhibit "A"
Page 14 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon
all minor Variance applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council
for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon
all major Variance applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council
for a final decision.
5. At the discretion of the Planning Director, any Variance application may be
directed to the Planning Commission for consideration and decision-making action.
6. Any Variance application which is reviewed by the Zoning Administrator or the
Planning Commission may be approved, conditionally approved, or denied.
D, Findings: Findings are required to grant a Variance.
1. The Zoning Administrator or Planning Commission, on the basis of the evidence
submitted at the hearing, may grant Variances from the requirements of this title when:
a. Because of special circumstances applicable to the property, including
size, shape, topography, location, or surroundings, the strict application of
this title deprives such property of privileges enjoyed by other property in
the vicinity and subject to identical zoning regulations.
b. The issuance of the Variance would not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the
vicinity and subject to identical zoning regulations.
c. The grant of the Variance would not be detrimental to surrounding
property owners.
ORDINANCE NO. 996
Exhibit "A"
Page 15 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. The findings shall not be vague and conclusionary. 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.
E. Conditions: Any Variance granted may be subject to such conditions as will assure
that the adjustment authorized shall not constitute a grant of special privilege inconsistent with
the limitations upon other properties in the vicinity and subject to identical zoning regulations.
F, Effective Date: The Variance shall be deemed legally in effect when the appeal
period has lapsed, unless a timely appeal is properly filed. If such an appeal is filed, the
Variance shall be deemed legally effective upon final approval by the City Council. This date
shall be so noted in the official Vadance Permit application file and shall also be noted upon the
issued Variance Permit and/or approval confirmation letter.
G, Expiration and Revocation: The following provisions detail the Variance expiration
and revocation process.
1. An approved Variance may be revoked through the City's revocation process if the
Variance project is not being conducted in compliance with the Variance as conditioned, or:
a. If any project for which a Variance has been granted and issued is not
established within two years of the Variance's effective date; or
b. If the structure for which the Variance was granted is removed for a period
of two (2) years.
2. Procedure: If a Variance is subject to revocation under subsection G(1), the
City shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be
provided in accordance with subsection B.
b. Hearing: The Planning Commission shall conduct a public headng to
ORDINANCE NO. 996
Exhibit "A"
Page 16 of 21
1
2
$
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
determine whether the permit shall be revoked and shall make findings
that comply with subsection D.
c. Appeal: The Planning Commission decision shall be subject to appeal in
accordance with Section 9266.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant
to subsection G(1) (a) or (b) from applying for a new permit in accordance with the procedures
for new applications.
H, Renewal: Variances may be renewed for an additional period not to exceed one (1)
year provided, prior to the expiration of the Variance, an application for renewal is filed with the
Planning Department. The application shall consist of a detailed letter explaining the reason(s)
for the request. The Planning Director shall grant or deny an application to renew a Variance,
and shall provide an explanation of his decision, in writing, to the applicant. The Planning
Director's decision to approve a renewal shall generally be based upon a determination that all
the circumstances associated with the original approval are substantially the same at the time
of the renewal application. An appeal of the Planning Director's decision may be made to the
City Council for a final decision. Any such appeal must comply with the requirements
of Section 9266 of this Article.
9265: ZONING CODE TEXT, PLANNED DEVELOPMENT ORDINANCE, AND DISTRICT
BOUNDARY AMENDMENTS: This text of this Chapter, the boundaries of zoning districts, or
Planned Development Ordinances, may be changed whenever the public necessity, convenience,
and general welfare require such amendment, or when corresponding changes are made to the
City General Plan, by following the procedures set forth in this Article.
A. Initiation of Amendments: An amendment to the text or maps may be initiated by:
1. The verified petition of one or more owners of property affected by the proposed
amendment, which petition shall be filed with the Planning Department and be accompanied by
ORDINANCE NO. 996
Exhibit "A"
Page 17 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
a fee, if any, that has been established from time to time by Resolution of the City Council.
2. A minute order action of intention of the City Council or Planning Commission.
3. Planning Department staff for compliance with the City General Plan, or public
health, safety, and general welfare.
B. Application Filing and Submittal Requirements: Applications for zoning text,
district boundary, and Planned Development Ordinance amendments shall be filed with the City
Planning Department, and shall include a completed application form, filing fee, and any
additional information, studies, plans, or documentation which might assist the Planning
Department in better understanding the proposal or are requested by the Planning Director or
his/her designee.
C. Public Noticing Requirements: Notices of public hearings on zoning text, district
boundary, and Planned Development Ordinance amendment applications shall be publicly
noticed according to State law.
D. Action on Zoning Text, District, and Planned Development Ordinance
Amendment Applications: The Planning Commission shall hold at least one public hearing on
any proposed zoning code text amendment and/or General Plan Amendment, and formulate a
recommendation to the City Council.
The Planning Commission's recommendation shall be advanced to the City Council for
consideration at the next available City Council Meeting. The City Council shall conduct a public
hearing, duly noticed according to State law, prior to taking a final action on the project.
E. Findings. The City Council shall make findings supporting their action on Zoning
Text, District, and Planned Development Ordinance Amendment applications, if advised to do
so by the City Attorney.
9266: APPEALS: All determinations of the Zoning Administrator or the Planning Commission
regarding minor discretionary planning permits, shall be final unless a written appeal, stating the
ORDINANCE NO. 996
Exhibit "A"
Page 18 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
reasons for the appeal, and the appeal fee, if any, established from time to time by City Council
Resolution, are 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. 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.
An appeal of the decision of the Zoning Administrator shall go to the City Council for a
final decision. Such an appeal must be made in writing stating the reasons for the appeal, must
include the appeal fee, if any, established from time to time by City Council Resolution, and
must be filed with the City Clerk ten (10) days of the date the decision was made. The Planning
Commission 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 Zoning Administrator.
All City Council decisions on appeals of the Zoning Administrator's action are final for the City
of Ukiah.
All determinations of the Planning Commission regarding major discretionary planning
permits, shall be final unless a written appeal, stating the reasons for the appeal, and the
appeal fee, if any, established from time to time by City Council Resolution, are 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. 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.
An appeal of the decision of the Planning Commission shall go to the City Council for a
final decision. The City Council shall conduct a duly noticed public hearing on the appeal in
accordance to the applicable procedures as set forth in this Article. At the close of the public
hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the
Planning Commission. All City Council decisions on appeals of the Planning Commission's
action are final for the City of Ukiah.
ORDINANCE NO. 996
Exhibit "A"
Page 19 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
9267: PREZONING: The City may prezone unincorporated territory adjoining the City for the
purpose of determining the zoning which will apply to such property in the event of subsequent
annexation to the City.
A. Public Notice Requirements: Public notice of both the Planning Commission and
City Council hearings to prezone territory shall be published in a newspaper of general
circulation published and circulated in the area to be prezoned, and if there is no such
newspaper, the notice shall be posted in at least three (3) public places in the area to be
prezoned. Written notice of both the Planning Commission and City Council hearings shall be
mailed to the owners of the property within a radius of three hundred feet (300') of the exterior
boundaries of the property which is the subject of the application, using for such purpose the
name and address of such owners as shown upon the current assessment roll of the county. If
the number of owners to whom notice would be mailed or delivered pursuant to this subsection
is greater than 1000, the City, in lieu of mailed or delivered notice, may provide notice by placing
a display advertisement of at least one-eighth page in at least one newspaper of general
circulation in the community at least ten (10) days prior to the hearing. Contents of the
advertisement shall be pursuant to the Government Code. The failure of any person to receive
such notice shall not invalidate the proceedings.
B. Action on Prezoning: The City Planning Commission shall conduct a public hearing
to consider a proposal for prezoning territory. The Commission shall formulate a
recommendation to the City Council. The City Council shall also conduct a public hearing to
consider the prezoning proposal, and shall render a decision accordingly.
C. Effective Date: The ordinance prezoning a territory shall become effective upon the
effective date of the ordinance or resolution annexing such territory to the City.
9268: ZONING ADMINISTRATOR: There is hereby created in the Planning Department, the
office of the Zoning Administrator.
his/her designated representative.
The Zoning Administrator shall be the Planning Director or
ORDINANCE NO. 996
Exhibit "A"
Page 20 of 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
A. Function and Duties: The function of the Zoning Administrator is to achieve
improved coordination in the administration of the Zoning Code: to increase the efficiency
of the zoning enforcement proceedings; to reduce the time required in processing applications
for the minor discretionary planning permits; and to relieve the Planning Commission of certain
routine functions in order that it may give its attention to its primary responsibility of
comprehensive community planning.
B. Authority: The Zoning Administrator shall have the authority and it shall be a duty
of this office to conduct public hearings, and to make determinations regarding minor Use
Permits, Site Development Permits, Variances, modifications of conditions of approval, minor
changes to previously approved projects, and other minor zoning matters as determined by the
City Planning Director.
C. Action by the Zoning Administrator: The Zoning Administrator shall make findings
and approve, conditionally approve, or deny minor Use Permits, Site Development Permits,
Variances, and other discretionary zoning matters. The Zoning Administrator shall have the
authority to impose conditions of approval as provided for in this Chapter.
D. Referral to the Planning Commission: The Zoning Administrator may refer any
application for a Use Permit, Site Development Permit, Variance, or any other zoning matter to
the Planning Commission for public hearing.
E. Appeals: All decisions made by the Zoning Administrator are appealable to the City
Council for a final decision as provided for in this Chapter.
ORDINANCE NO. 996
Exhibit "A"
Page ~ ]. of 21