HomeMy WebLinkAbout10061
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
ORDINANCE NO. 1006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING ARTICLES 6, 7, AND 8, CHAPTER 2 OF DIVISION 9
OF THE UKIAH CITY CODE
The City Council of the City of Ukiah does hereby ordain as follows:
SECTION ONE
Pursuant to Section 9260 of the Ukiah City Code, Division 9, Chapter 2 (Zoning)
is amended by revising Articles 6, 7, and 8 (Regulations for the Commercial Zoning Districts) as
indicated on Exhibit "A" attached to this Ordinance.
SECTION TWO
The purpose of this amendment is to revise the provisions of the Commercial Zoning
District to bring them into conformance with the Ukiah General Plan; to make them more orderly
and easier to administer; and to make them more understandable to the public.
SECTION THREE
Articles 6, 7, and 8 of Chapter 2, Division 9, of the Ukiah City Code is hereby amended
to reformat the text to make it easier to read, understand, and administer; change the name of
the "C-1" Zoning District from "Light Commercial" to "Community Commercial", and the name
of the "0-2" Zoning District from "Highway Commercial and Restricted Industrial" to "Heavy
Commercial"; add a Purpose and Intent Section to each district; change the allowed and
permitted land uses within the "C-1" and "0-2" Districts; expand the permitted land uses in the
"C-N" (Neighborhood Commercial) Zoning District; provide opportunities for mixed residential and
commercial land uses in all Commercial Zoning Districts; update the development standards for
all three Zoning Districts; add specific landscaping requirements for development projects in all
three districts; and reduce the parking requirements for retail commercial land uses.
ORDINANCE NO. 1006
Page 1 of 2
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
SECTION FOUR
This Ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
SECTION FIVE
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on June 17, 1998, by the following roll call vote:
AYES: Councilmembers Kelly, Mastin, and Mayor Malone
NOES: None
ABSENT: Councilmembers Chavez and Ashiku
ABSTAIN: None
Passed and adopted on July 1, 1998, by the following roll call vote:
AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone
NOES: None
ABSENT: None
ABSTAIN: None
n Malone, Mayo/~/' --
ATTEST:
Marie Ulvila, City Clerk
ORDINANCE NO. 1006
Page 2 of 2
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
ARTICLE 7.
CHAPTER 2
ZONING
REGULATIONS IN COMMUNITY COMMERCIAL
(C-1) DISTRICTS
SECTION:
9080:
9081:
9082:
9083:
9084:
9085:
9086:
9087:
Purpose and Intent
Allowed Uses
Permitted Uses
Building Height Limits
Required Site Area
Required Yard Setbacks
Required Parking
Additional Requirements
9080: PURPOSE AND INTENT: The purpose of the Community Commercial Zoning
District is to provide a broad range of commercial land use opportunities along the
primary transportation corridors within the City. It is intended to promote, and provide flexibility
for commercial development, and to encourage the establishment of community-wide commercial
serving land uses. The Community Commercial (C-1) Zoning District is consistent with the
Commercial (C) General Plan Land Use Designation.
9081: ALLOWED USES: The following uses are allowed in the Community Commercial
(C-1) Zoning District:
B.
C.
D.
E.
F.
Retail stores.
Personal improvement and personal service establishments.
Professional offices and banks.
Public or private schools.
Places of religious worship, assembly or instruction.
Condominiums.
ORDINANCE NO. '1006
Exhibit "A"
Page I of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
H. Community Care Facility which provides service for six (6) or fewer persons, with the
residents and operators of the facility being considered a family.
I. Small Family Child Day Care Home, which provides care for eight or fewer children,
including children under the age of ten years who reside at the home.
J. Hotels, motels, and bed and breakfast establishments.
K. Small homeless facilities, pursuant to Section 9171.
L. Accessory uses to any of the uses allowed in the C-1 District.
M. Restaurants
9082: PERMITTED USES: The following uses require approval of a Use Permit pursuant
to the provisions contained in Section 9262:
A. Veterinarian.
B. Auto repair shop, auto body and painting shop, car wash, auto service (gas) station, and
new and used car sales.
C. Theater.
D. Cabinet shop.
E. Machine shop.
F. Mini/Convenience storage.
G. Parking lot
H. Single-family dwelling, duplex, multiple family residential units, and mobile home park.
I. Social halls and lodges.
J. Outdoor sales establishments that occur for no more than thirty (30) days within a twelve
(12) month period may be considered by the Zoning Administrator. All other applications shall
be heard by the Planning Commission.
1. All outdoor Sales Establishments shall comply with the following criteria:
a. Parking: Parking shall be designated for a minimum of three (3)
automobiles, located off the public right-of-way with no automobile maneuvering permitted in the
ORDINANCE NO. 1000
Exhibit "A"
Page 2 of 24
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
public right-of-way.
sales proposed.
b.
The Use Permit may require additional parking, depending on the nature of
Signage: A maximum of twenty five percent (25%) of the largest side of
the vehicle or structure used in the sales operation. In addition, one sandwich board or "A"
frame sign pursuant to Section 3227(A)(5) of the Ukiah Municipal Code.
c. Utilities: The need for sanitary sewer, water, and electrical services shall
be determined through the Use Permit process, and all hook-ups shall comply with the Ukiah
Municipal Code.
d. Business License: Business license must be prominently displayed at
all times, and the operator shall have proof of Board of Equalization Sales Permit.
K. Large homeless facility, pursuant to Section 9171.
L. Bar, dance hall, live entertainment establishment and nightclub.
M. Billiard parlor, amusement arcade, and bowling alley.
N. Community Care Facility for more than six (6) persons, but not more than 12 persons.
O. Large Family Child Day Care Home for a minimum of 7 to 14 children inclusive, including
children under the age of ten (10) years who reside at the home..
P. Mixed residential and commercial land uses on one parcel provided they are found to be
compatible.
9083: BUILDING HEIGHT LIMITS: The maximum height of any building in a Community
Commercial (C-1) District shall be fifty feet (50').
9084: BUILDING SITE AREA REQUIRED: No minimum building site area except for
residential development which shall be as follows:
A. For each building or group of buildings a minimum of six thousand (6,000) square feet
in area and a minimum width of sixty feet (60') on interior lots; a minimum of seven thousand
(7,000) square feet in a area and a minimum width of seventy feet (70') on corner lots.
ORDINANCE NO. 1006
Exhibit "A"
Page 3 of 24
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
B. For each family unit intended to occupy any building or group of buildings a minimum of
one thousand five hundred (1,500) square feet of site area.
C. For each mobile home park a minimum of two (2) acres.
9085: YARDS REQUIRED: In Community Commercial (C-1) Districts, yards shall be
required in the following minimum widths:
A. Front Yards for Single-Story Buildings: On both interior and corner lots outside the
boundaries of the Downtown Master Plan area, the front setback line shall be a minimum of ten
feet (10') measured from the street right-of-way line fronting such lot, except in cases where fifty
percent (50%) of one side of the block is already built out, the average (median) setback shall
apply.
B. Front Yards for Multiple-Story Buildings: For multiple-story buildings outside the
Downtown Master Plan area, the front setback line for the first story shall be ten feet (10'), and
the front yard setback for the second story shall be a minimum of fifteen feet (15') measured
from the street right-of-way line fronting such lot, except in cases where fifty percent (50%) of
one side of the block is already built out with multiple-story buildings, in which case the average
(median) setback shall apply.
C. Rear and Side Yards: None required except where the rear or side of a lot abuts on an
R-l, R-2, or R-3 District, in which case such rear or side yard shall be that of the adjoining zone.
9086: PARKING REQUIRED: The minimum parking area required in the Community
Commercial (C-1) Zoning Districts shall be as follows:
A. Retail stores, professional offices, and business offices: 1 parking space for each three
hundred (300) square feet of gross leasable floor area.
B. Personal services and personal improvement facilities: 1 parking spaces for each three
hundred fifty (350) square feet of gross leasable floor area.
C. Commercial recreation and public assembly: 1 parking space for each four (4) persons
capacity.
ORDINANCE NO. 1006
Exhibit "A"
Page 4 of 24
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
D. Restaurant: 1 parking space for every three (3) seats, with a minimum of four (4)
spaces. An additional parking space for each two (2) employees at maximum shift.
E. Bicycle Parking: Safe bicycle parking facilities shall be provided in all commercial
developments, where it is determined that the use would attract bicyclists. The number of
bicycle parking spaces required shall be not less than ten percent (10%) of the number of
required off-street automobile parking spaces. Such safe bicycle parking shall be located
convenient to the entrance(s) to the use.
F. All parcels within the Downtown Parking District No. I are not subject to the C-1 Zoning
District parking standards. These parcels shall comply with the provisions of the Downtown
Parking Improvement Program.
G. All other uses are subject to the provisions contained in the Article 17 of this Chapter.
H. Relief from the parking requirements in the C-1 Zoning District may be approved through
the discretionary review process, provided a finding is made that there is a unique circumstance
associated with the use or property that results in a demand for less parking than normally
expected.
9087': ADDITIONAL REQUIREMENTS: The following additional requirements are
applicable in the Community Commercial (C-1) Zoning District:
A. A Site Development Permit shall be required for development projects in the Community
Commercial (C-1) Zoning District, pursuant to the requirements of Section 9261 (B).
B. Second story development shall be designed to preserve the privacy of adjoining property
owners.
C. The maximum lot coverage shall be forty percent (40%) of the gross size of the parcel(s),
except in the Downtown Master Plan area when off-site parking is provided through a parking
district, in which case no maximum lot coverage standard shall apply. Relief from the lot
coverage standard may be approved through the discretionary review process, based upon the
size, scope, and intensity of the development proposal.
ORDINANCE NO. 1006
Exhibit "A"
Page 5 of 24
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
D. All development projects in the C-1 Zoning District requiring discretionary review shall
include a proposed Landscaping Plan commensurate with the size and scale of the proposed
development project. Landscaping Plans shall be submitted as a required component of all Site
Development and Use Permits at the time of application filing. Properties within the Downtown
Master Plan (DMP) area are exempt from the landscaping requirements.
1. All proposed Landscaping Plans shall comply with the following standards:
a. Landscaping shall be proportional to the building elevations.
b. Landscape plantings shall be those which grow well in Ukiah's climate
without extensive irrigation. Native species are strongly encouraged.
c. All landscape plantings shall be of sufficient size, health and intensity so
that a viable and mature appearance can be attained in a reasonably short amount of time.
d. 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.
e. 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% 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.
f. Parking lots shall have a perimeter planting strip with both trees and
shrubs.
g. 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.
ORDINANCE NO. 1006
Exhibit "A"
Page 6 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
h. 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.
i. 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 fifty percent (50%) of the landscaped area shall
be dedicated to live plantings.
j. Landscaping Plans shall include an automatic irrigation system, and
Lighting Plan.
k. All required landscaping for commercial development projects shall be
adequately maintained in a viable condition.
I. 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.
E. No fence shall be constructed over three feet (3') in height in any required front yard
setback area.
F. Existing development as of the date of this Ordinance inconsistent with the provisions
listed herein, shall be considered legal Non-conforming, provided that they were legal at the time
of their creation, and shall be subject to the non-conforming provisions contained in this Chapter.
9088: DETERMINATION OF APPROPRIATE USE BY PLANNING DIRECTOR:
Whenever a use is not listed in this Article as a use permitted by right or a use subject to a Use
Permit in the C-1 Zoning District, the Planning Director shall determine whether the use is
appropriate for the zoning district, either as a right or subject to a Use Permit. In making this
determination, the Planning Director shall find as follows:
A. That the use would not be incompatible with other existing or allowed uses in the C-1
Zoning District.
ORDINANCE NO. 1006
Exhibit "A"
Page 7 of 24
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
B. That the use would not be detrimental to the continuing development of the area in which
the use would be located.
C. 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 permitted uses. All
determinations of the Planning Director regarding whether a use can be allowed or permitted in
the Community Commercial (C-1) Zoning District shall 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.
ORDINANCE NO. 1006
Exhibit "A"
Page 8 of 24
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
ARTICLE 8.
CHAPTER 2
ZONING
REGULATIONS IN HEAVY COMMERCIAL
(C-2) DISTRICTS
SECTION:
9095:
9096:
9097:
9098:
9100:
9101:
9102:
Purpose and Intent
Allowed Uses
Permitted Uses
Building Height Limits
Yards Required
Parking Required
Additional Requirements
9095: PURPOSE AND INTENT: The purpose of the Heavy Commercial Zoning District
is to provide opportunities for commercial service, wholesale activities, auto repair
shops, agricultural supply stores, and other activities which are generally inappropriate in areas
developed with professional offices and retail stores. The Heavy Commercial (C-2) Zoning
District is consistent with the Commercial (C) General Plan Land Use Designation.
9096: ALLOWED USES: The following uses are allowed in the Heavy Commercial (C-2)
Zoning District:
Ao
B.
C.
D.
E.
F.
G.
H.
I.
VVholesale Store.
Mini/Convenience storage.
Business service.
New and used automobile sales.
Construction sales and service.
Cabinet shop, sign shop, and machine shop.
Equipment repair shop.
Kennel, pet shop, and pet services.
Recycling facility.
ORDINANCE NO. 1006
Exhibit "A"
Page 9 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
K.
L.
M.
Safety service.
Transportation service.
Warehousing and distribution (limited).
Service (gas) station, automobile repair, automobile body and painting shop, and car
washing facility.
N. Farm equipment sales and feed stores.
O. Laundry service and laundromat.
P. Accessory uses to any allowed or permitted uses.
9097: PERMITTED USES: The following uses require approval of a Use Permit pursuant
to the provisions contained in Section 9262:
A. Light industrial and manufacturing uses.
B. Parks, Playgrounds, community gardens, and other recreational uses.
C. Hotels, motels, and Bed & Breakfast establishments.
D. Retail stores, restaurants, and professional offices.
E. Public and quasi-public buildings, structures and uses.
F. Resident manager/security personnel housing.
G. Multiple family dwellings in conformance with the development standards for the R-3
Zoning District.
H. Mobile Home Park.
I. Mixed residential and commercial land uses on one parcel provided they are found to be
compatible.
J. Establishment, maintenance, operation and removal of circuses, carnivals, amusement
parks, open air theaters, or other similar temporary establishments involving large assemblages
of people.
K. Warehousing and distribution (General).
ORDINANCE NO. 1006
Exhibit "A"
Page 10of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
L. Temporary uses complying with the purpose and intent of the C-2 zoning district. The
temporary use shall be for a maximum period of six (6) months, and shall be subject to permit
renewal/time extension at the discretion of the Planning Director.
M. Outdoor sales establishments that occur for no more than thirty (30) days within a twelve
(12) month period may be considered by the Zoning Administrator. All other applications shall
be heard by the Planning Commission.
1. All outdoor Sales Establishments shall comply with the following criteria:
a. Parking: Parking shall be designated for a minimum of three (3)
automobiles, located offthe public right-of-way with no automobile maneuvering permitted in the
public right-of-way. The Use Permit may require additional parking, depending on the nature of
sales proposed.
b. Signage: A maximum of twenty five percent (25%) of the largest side of
the vehicle or structure used in the sales operation. In addition, one sandwich board or "A"
frame sign pursuant to Section 3227(A)(5) of the Ukiah Municipal Code.
c. Utilities: The need for sanitary sewer, water, and electrical services shall
be determined through the Use Permit process, and all hook-ups shall comply with the Ukiah
Municipal Code.
d. Business License: Business license must be prominently displayed at
all times, and the operator shall have proof of Board of Equalization Sales Permit.
9098: BUILDING HEIGHT LIMITS: The maximum height of any building in a C-2 District
shall be as follows:
a.
b.
C.
Forty feet (40') for primary buildings.
Twenty feet (20') for accessory buildings.
To exceed the height limits for primary and accessory buildings, a Use
Permit must first be secured.
ORDINANCE NO. 1006
Exhibit "A"
Page 11of 24
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
9100: YARDS REQUIRED: In C-2 Districts yards shall be required in the following
minimum widths:
A. Front Yards for Single-Story Buildings: On both interior and corner lots the front
setback line shall be a minimum of ten feet (10') measured from the street right-of-way line
fronting such lot, except in cases where fifty percent (50%) of one side of the block is already
built out, the average (median) setback shall apply.
B. Front Yards for Multiple-Story Buildings: On both interior and corner lots the front
setback line shall be a minimum of ten feet (10') for the first story and fifteen feet (15') for the
second story measured from the street right-of-way line fronting each side of the lot, except in
cases where fifty percent (50%) of one side of the block is already built out, the average
(median) setback shall apply.
C. Rear and Side Yards: None required except where the rear or side of a lot abuts on an
R-l, R-2, or R-3 District, in which case such rear or side yard shall be that of the adjoining zone.
9'101: PARKING REQUIRED: The minimum parking area required in the Heavy
Commercial (C-2) Zoning District shall be as follows:
1 parking space for each four hundred (400) square feet of gross
A. Wholesale stores:
leasable space.
B. Automobile sales:
1 space for each five hundred square feet of floor area plus I space
for each two thousand (2,000) square feet of outdoor display area.
C. Cabinet shop, machine shop, and sign shop: 1 space for each employee on the
maximum shift plus required space for office areas. 2 spaces are also required for customer
parking, and 1 space for each vehicle operated from or on the site.
D. Warehouse, mini/convenience storage: 1 parking space for each two thousand five
hundred (2,500) square feet. 4 additional spaces are also required for customers, 1
parking space for each two (2) employees at maximum shift, and 1 space for each vehicle
operated from or on the site.
ORDINANCE NO. 1006
Exhibit "A"
Page 12of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
E. Bicycle Parking: Safe bicycle parking facilities shall be provided in all new commercial
developments where it is determined that the use would attract bicyclists. The number of bicycle
parking spaces required shall be not less than ten (10) percent of the number of required
off-street automobile parking spaces. Such safe bicycle parking shall be located convenient to
the entrance(s) to the use.
F. Retail stores, professional offices, and business offices: 1 parking space for each three
hundred (300) square feet of gross leasable floor area.
G. All other uses are subject to the provisions contained in Article 17 of this Chapter.
H. Relief from the parking requirements in the C-2 Zoning District may be approved through
the discretionary review process, provided a finding is made that there is a unique circumstance
associated with the use or property that results in a demand for less parking than normally
expected.
9102: ADDITIONAL REQUIREMENTS: The following additional requirements are
applicable in the Heavy Commercial (C-2) Zoning District:
A. A Site Development Permit shall be required for development projects in the Heavy
Commercial (C-2) Zoning District, pursuant to the requirements of Section 9261 (B).
B. Second story development shall be designed to preserve the privacy of adjoining property
owners.
C. The maximum lot coverage shall be forty percent (40%) of the gross size of the parcel(s).
Relief from the lot coverage standard may be approved through the discretionary review process,
based upon the size, scope, and intensity of the development proposal.
D. All development projects in the C-2 Zoning District requiring discretionary review shall
include a proposed Landscaping Plan commensurate with the size and scale of the proposed
development project. Landscaping Plans shall be submitted as a required component of all Site
Development and Use Permits at the time of application filing.
ORDINANCE NO. 1006
Exhibit "A"
Page 13of 24
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
1. All proposed Landscaping Plans shall comply with the following standards:
a Landscaping shall be proportional to the building elevations.
b. Landscape plantings shall be those which grow well in Ukiah's climate
without extensive irrigation. Native species are strongly encouraged.
c. All landscape plantings shall be of sufficient size, health and intensity so
that a viable and mature appearance can be attained in a reasonably short amount of time.
d. 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.
e. Parking lots with twelve (12) or more parking stalls shall have a tree
placed between every four (4) parking stalls within a continuous linear planting strip, rather than
individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous
species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) 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.
f. Parking lots shall have a perimeter planting strip with both trees and
shrubs.
g. 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.
h. 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.
i. All new developments shall include a landscaping coverage of twenty
percent (20) percent of the gross area of the parcel, unless based upon the small size of a
ORDINANCE NO. 1006
Exhibit "A"
Page 14 of 24
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
parcel, it would be unreasonable and illogical. A minimum of fifty percent (50%) of the
landscaped area shall be dedicated to live plantings.
Landscaping Plans shall include an automatic irrigation system, and
Lighting Plan.
k.
All required landscaping for commercial development projects shall be
adequately maintained in a viable condition.
I. 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.
E. No fence shall be constructed over three feet (3') in height in any required front yard
setback area.
F. Existing development as of the date of this Ordinance inconsistent with the provisions
listed herein, shall be considered legal Non-conforming, provided that they were legal at the time
of their creation, and shall be subject to the non-conforming provisions contained in this Chapter.
9103: DETERMINATION OF APPROPRIATE USE BY PLANNING DIRECTOR
Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a
Use Permit in the C-2 Zoning District, the Planning Director shall determine whether the use is
appropriate for the zoning district, either as of right or subject to a Use Permit. In making this
determination, the Planning Director shall find as follows:
A. That the use would not be incompatible with other existing or allowed uses in the C-2
Zoning District.
B. That the use would not be detrimental to the continuing development of the area in which
the use would be located.
C. 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 permitted uses. All
ORDINANCE NO. 1006
Exhibit "A"
Page 15 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
determinations of the Planning Director regarding whether a use can be allowed or permitted in
the Heavy Commercial (C-2) Zoning District shall 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.
ORDINANCE NO. 1006
Exhibit "A"
Page 16 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
CHAPTER 2
ZONING
ARTICLE 6. REGULATIONS IN
NEIGHBORHOOD COMMERCIAL (C-N) DISTRICTS
SECTION:
9060:
9061:
9062:
9063:
9064:
9065:
9066:
9067:
9068:
Purpose and Intent
Uses Allowed
Uses Permitted with Securing of a Use Permit
Building Height Limits
Building Site Area Required
Front Setback Lines
Yard Requirements
Parking Requirements
Additional Requirements
9060: PURPOSE AND INTENT: The purpose of the Neighborhood Commercial (C-N)
Zoning District is to encourage and promote a balanced mix of Iow intensity
professional office, commercial, residential, and quasi-public land uses. Large and incompatible
commercial retail stores, such as supermarkets, chain drugstores, convenience stores, and
discount clothing stores, are not allowed or permitted. Similarly, highway serving commercial
uses, such as motels, and gas stations/automotive repair businesses are not allowed or
permitted. The C-N district is intended to provide Iow intensity commercial services, such as
medical offices, small retail stores, and personal services to the adjacent and integrated
residential community. Additionally, the provisions of this Chapter are intended to assure that
development is compatible with the surrounding community, in terms of both design and use, and
does not adversely impact surrounding properties.
9061: USES ALLOWED: The following uses are allowed in Neighborhood Commercial
Zoning Districts:
A. Professional and medical offices, barber shop, beauty shop, drugstore, florist,
delicatessen (seating/tables permitted), small grocery store, and all other uses
ORDINANCE NO. 1006
Exhibit "A"
Page 17 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
which, in the opinion of the Planning Director, are similar. The Planning Director
may refer a determination regarding similar uses to the Planning Commission for
a decision.
B. Small homeless facilities.
C. Accessory uses to any of the uses allowed in a C-N District.
E. Single family dwelling.
F. Home occupations.
G. A mix of any of the above allowed uses.
9062: USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT: The
following uses may be permitted in neighborhood Commercial (C-N) Districts, subject to
first securing a Use Permit pursuant to provisions contained in Section 9262:
A. Large homeless facilities.
B. Sit-down Restaurant or cafe.(no drive-thru restaurants shall be permitted).
C. Second dwelling unit.
D. Public or private schools.
E. Medical care facility or hospital.
F. Retail stores not listed in Section 9061, except for large commercial retail stores, such
as department stores, supermarkets, chain drugstores, and discount clothing stores.
Go
H.
I.
J.
K.
L.
M.
N.
Places of religious worship, assembly or instruction.
Personal service establishment.
Bakery.
Bookstore.
Tailor shop.
Coffee Shop.
Small and large family child day care homes.
Bed and breakfast establishment.
ORDINANCE NO. 1006
Exhibit "A"
Page 18of 24
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
O. A mix of any of the above permitted uses.
P. Other uses which, in the opinion of the Planning Director, are similar. The Planning
Director may refer a determination regarding similar uses to the Planning Commission for a
decision.
Q. Rental dwelling units, when combined in a mixed development with any allowed
or permitted use(s).
9063: BUILDING HEIGHT LIMITS: The following shall be the maximum limits for
height of buildings in neighborhood Commercial (C-N) Districts:
A. For main buildings, a maximum height of thirty feet (30').
B. For accessory buildings, a maximum of twenty feet (20').
C. To exceed the height limit, a Use Permit must first be secured.
9064: BUILDING SITE AND LOT AREA REQUIREMENTS: In Neighborhood
Commercial (C-N) Districts, the building site area shall be as follows:
A. For each main building a minimum of seven thousand (7,000) square feet of area, and
a width of seventy feet (70').
B. Existing lots as of the date of this Ordinance under seven thousand (7,000) square feet
are considered legal building sites.
C. All newly created parcels shall have a minimum of seven thousand (7,000) square feet
of area.
9065: FRONT SETBACK LINES: The provisions for front setback lines in neighborhood
Commercial (C-N) Districts shall be as follows:
A. On interior lots, the front setback line shall be a minimum of ten feet (10') measured from
the street right-of-way line fronting such lot, except in cases where fifty percent (50%) of one side
of the block is already built out, the average (median) setback shall apply.
B. On comer lots, there shall be a front setback line on each street side of a corner lot. The
ORDINANCE NO. 1006
Exhibit "A"
Page 19 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
front setback line shall be a minimum often feet (10') measured from the street right-of-way line
adjacent to such lot.
9066: YARDS REQUIRED: In Neighborhood Commercial (C-N) Districts, yards shall be
required in the following widths:
A. Front Yards for Single-Story Buildings: On both interior and corner lots the front
setback line shall be a minimum of ten feet (10') measured from the street right-of-way line
fronting such lot, except in cases where fifty percent (50%) of one side of the block is already
built out, the average (median) setback shall apply.
B. Front Yards for Multiple-Story Buildings: On both interior and corner lots the front
setback line shall be a minimum often feet (10') for the first story and fifteen feet (15') for the
second story measured from the street right-of-way line fronting such lot, except in cases where
fifty percent (50%) of one side of the block is already built out, the average (median) setback
shall apply.
C. Side Yards: The minimum depth required shall be five feet (5') for single-story structures,
and ten (10') feet for two-story structures, except in cases where fifty percent (50%) of one side
of the block is already built out, the average (median) setback shall apply.
D. Rear Yards: The minimum depth required shall be ten feet (10') feet, except in cases
where fifty percent (50%) of one side of the block is already built out, the average (median)
setback shall apply.
9067: PARKING REQUIRED: The minimum parking area and number of on-site parking
spaces required in the Neighborhood Commercial (C-N) Zoning District shall be as follows:
A. Retail stores, professional offices, and business offices: 1 parking space for each three
hundred (300) square feet of gross leasable space.
B. Personal services and personal improvement facilities: 1 parking spaces for each three
hundred fifty square feet of gross floor area.
ORDINANCE NO. '1006
Exhibit "A"
Page 20 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
C. Restaurant: I parking space for every three (3) seats, with a minimum of four (4)
spaces. An additional parking space for each two (2) employees at maximum shift.
D. Bicycle Parking: Safe bicycle parking facilities shall be provided in all new commercial
developments where it is determined through the discretionary review process that the use would
attract bicyclists. The number of bicycle parking spaces required shall be not less than ten (10)
percent of the number of required off-street automobile parking spaces. Such safe bicycle
parking shall be located convenient to the entrance(s) to the use.
E. All other uses are subject to the provisions contained in the Article 17 of this Chapter.
F. Relief from the parking requirements in the C-N Zoning District may be approved through
the discretionary review process, provided a finding is made that there is a unique circumstance
associated with the use or property that results in a demand for less parking than normally
expected.
G. If parking is to be provided on the rear or sides of lots, fencing and landscaping shall be
required to effectively screen the development from adjoining properties.
9067.5: LOT COVERAGE: The maximum lot coverage shall be forty percent (40%) of the gross
size of the parcel(s). Relief from the lot coverage standard can be approved through the
discretionary review process, based upon the size, scope, and intensity of the development
proposal.
9068: ADDITIONAL REQUIREMENTS: The following additional requirements are
applicable in the Neighborhood Commercial (C-N) Districts:
A. A Site Development Permit shall be required for development projects in the
Neighborhood Commercial (C-N) Zoning District, pursuant to the requirements of Section
9261 (B).
B. Second story development shall be designed to preserve the privacy of adjoining property
owners.
ORDINANCE NO. 1006
Exhibit "A"
Page 21 of 24
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
C. No fence shall be constructed over three feet (3') in height in any required front yard.
D. All development projects in the C-N Zoning District requiring discretionary review shall
include a proposed Landscaping Plan commensurate with the size and scale of the proposed
development project and surrounding area. Landscaping Plans shall be submitted as a required
component of all Site Development and Use Permits at the time application filing.
1. All proposed Landscaping Plans shall comply with the following standards:
a. Landscaping shall be proportional to the building elevations.
b. Landscape plantings shall be those which grow well in Ukiah's climate
without extensive irrigation. Native species are strongly encouraged.
c. All landscape plantings shall be of sufficient size, health and intensity so
that a viable and mature appearance can be attained in a reasonably short amount of time.
d. Deciduous trees shall constitute the majodty 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.
e. 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 stdp, rather than
individual planting wells, unless cleady infeasible. Parking lot trees shall primarily be deciduous
species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all
paved areas within ten (10) years of planting. Based upon the design of the parking lot, a
reduced number of trees may be approved through the discretionary review process.
f. Parking lots shall have a perimeter planting strip with both trees and
shrubs.
g. 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.
ORDINANCE NO. 1006
Exhibit "A"
Page 22 of 24
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
h. 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.
i. All new developments shall include a landscaping coverage of 20 percent
(20%) of the gross area of the parcel, unless based upon the small size of a parcel, it would be
unreasonable and illogical. A minimum of fifty percent (50%) of the landscaped area shall be
dedicated to live plantings.
j. Landscaping Plans shall include an automatic irrigation system, and
Lighting Plan.
k. All required landscaping for commemial development projects shall be
adequately maintained in a viable condition.
I. 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.
E. All commercial land uses shall be limited in hours of operation from 7:00 a.m. to
6:00 p.m., except where the Planning Commission approves alternative hours
through the discretionary permit review process.
F. Existing development as of the date of this Ordinance inconsistent with the
provisions listed herein, shall be considered legal Non-conforming, provided that
they were legal at the time of their creation, and shall be subject to the provisions
of Section 9209.
9069: DETERMINATION OF APPROPRIATE USE BY PLANNING DIRECTOR
Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a
Use Permit in the C-N Zoning District, the Planning Director shall determine whether
the use is appropriate for the zoning district, either as of dght or subject to a Use Permit. In
making this determination, the Planning Director shall find as follows:
ORDINANCE NO. 1006
Exhibit "A"
Page 23 of 24
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
A. That the use would not be incompatible with other existing or allowed uses in the C-N
Zoning District.
B. That the use would not be detrimental to the continuing development of the area in which
the use would be located.
C. 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 permitted uses. All
determinations of the Planning Director regarding whether a use can be allowed or permitted in
the Neighborhood Commercial (C-N) Zoning District shall 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.
ORDINANCE NO. 1006
Exhibit "A"
Page 24 of 24
