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HomeMy WebLinkAbout1216 - Amending General Plan Housing Element Implementation Tasks 1 ORDINANCE NO. 1216 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 2 OF THE CITY CODE TO EXECUTE GENERAL PLAN HOUSING ELEMENT IMPLEMENTATION TASKS AND TO COMPLY WITH NEW STATE HOUSING LAWS. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Division 9, Chapter 2, Article 3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): ARTICLE 3. REGULATIONS IN LOW DENSITY RESIDENTIAL (R-1) DISTRICTS * * * §9015 PURPOSE AND INTENT The purpose of the regulations in the low density residential (R-1) district is to preserve, enhance, and protect the low-density residential neighborhoods in the community. The R-1 zone is intended for residential areas characterized predominantly by single-family uses, duplexes, and with typical single-family residential subdivision lots ranging in size from six thousand (6,000) to ten thousand (10,000) square feet in size. This zone is consistent with the LDR (low density residential) land use designation of the city general plan. §9016 ALLOWED USES The following uses are allowed in low density residential (R-1) districts: Accessory buildings. Accessory dwelling units (ADU) or junior accessory dwelling units (JADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed subject to the following standards/criteria: * * * G. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures. Accessory dwelling units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. * * * W. Applications for a building permit within any zoning district where residential uses are allowed by right shall be approved ministerially to develop any of the following: 1. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply: 2 a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of this section. 2. One detached, new construction, ADU that does not exceed four foot (4') side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection W1 of this section. 3. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. The number of ADUs permitted within an existing multifamily dwelling structure shall be capped at twenty-five percent (25%) of the existing units in the multifamily dwelling, or one ADU, whichever is greater. 4. Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to four-foot (4') rear and side yard setbacks. * * * Multiple-family residential dwellings in the form of duplexes, transitional housing, and supportive housing on corner lots. Multiple-family dwellings in the form of triplexes, fourplexes, single-room occupancies (SROs), and rooming and boarding houses are prohibited. Multiple-family dwellings that comply with the design and development standards in Article 5.2 of this Chapter are permitted by right. Single-family residential dwellings, including manufactured/modular home, transitional housing, and supportive housing. Manufactured/modular home shall comply with the additional development standards in Section 9022 of this Code. Small and large family daycare homes. §9017 PERMITTED USES The following uses may be permitted with the securing of a use permit: Accredited public or private schools. Bed and breakfast establishments. Churches, chapels, and other places of religious assembly and instruction. Community care facility for more than six (6) persons, but not more than twelve (12) persons. Condominiums. 3 Multiple-family dwellings in the form of duplexes, transitional housing, and supportive housing that do not comply with the design and development standards set forth in Article 5.2 of this Chapter. Outdoor sales establishments. Parks, community gardens, and playgrounds. Public buildings and places of temporary public assembly. §9018 BUILDING HEIGHT LIMITS The following shall be the maximum limits for height of buildings in Single-Family Residential (R-1) Districts: A. For single-family dwellings, two-family dwellings and attached accessory dwelling units, a maximum height of thirty feet (30'). B. For accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building whichever is less. C. The height limits for both dwelling units and accessory structures may be exceeded with the securing of a use permit. The height limit for accessory dwelling unit may be exceeded through the use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. §9020 REQUIRED YARD SETBACKS The purpose of establishing yard areas in the R-1 zoning district is to ensure open spaces, and a low- density appearance to single-family residential neighborhoods. In single-family residential (R-1) districts, yards shall be required in the following minimum widths, as measured from the street right of way: A. Front: Fifteen feet (15’) for residences and accessory structures, and twenty-five feet (25’) for garages and accessory structures. B. Sides: Ten feet (10’) for residences and five feet (5’) for accessory structures. C. Rear: Fifteen feet (15’) for residences, and five feet (5’) for accessory structures. D. Corner Lots: On corner lots, there shall be a front setback line of fifteen feet (15’) on each street side of a corner lot. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The fifty percent (50%) average setback exception does not apply to accessory structures. * * * §9021 REQUIRED PARKING A. The minimum parking area required in Single-Family Residential (R-1) Districts is as follows: 1. Single-Family Dwelling: Two (2) on-site parking spaces per unit. 2. Duplex: One and half (1.5) on-site parking spaces per unit. 4 3. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this code. B. Each required on-site parking space or garage space for single-family residential uses shall be a minimum of nine feet (9’) in width and nineteen feet (19’) in depth. C. Each required on-site parking space or garage space for single-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12’) for single wide driveways, and twenty feet (20’) for double wide driveways and access lanes to parcels with no street frontage. D. All driveways on corner lots shall be located a minimum distance of twenty feet (20’) from the curb return. §9022 ADDITIONAL REQUIREMENTS A. Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed uses on individual residential parcels subject to the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the state Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to standards set forth in Division 4 of this Code and additional City standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction. §9023 DETERMINATION OF APPROPRIATE USE A. 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 R-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: 1. The use would not be incompatible with other existing or allowed uses in the R-1 zoning district; 2. The use would not be detrimental to the continuing residential development of the area in which the use would be located; and 3. The use would be in harmony and consistent with the purpose of the R-1 zoning district. 4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the planning director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. SECTION TWO. Division 9, Chapter 2, Article 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): 5 §9030 PURPOSE AND INTENT The medium density residential zoning district is intended to provide land area and opportunities for a range of densities and a variety of housing types, including single-family and multiple-family residential development, and townhomes. The maximum density is one to fifteen (15) dwelling units per acre of land. The R-2 district is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses. The R-2 zoning district is consistent with the MDR (medium density residential) general plan land use designation. §9031 ALLOWED USES The following uses are allowed in Medium Density Residential (R-2) Districts: Accessory buildings and accessory uses. Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code. Community care facility (maximum clients – 6). Home occupations (as defined in section 9301 of this chapter). Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. Single-family dwellings, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular home shall comply with the additional development standards in set forth in Section 9037 of this Code. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Article 5.2 of this Chapter are permitted by right. Small and large family child daycare homes. §9032 PERMITTED USES The following uses may be permitted in medium density residential (R-2) zoning districts subject to first securing a use permit: Accredited public or private schools. Bed and breakfast establishments. Churches, chapels, and other places of religious assembly. Community care facility for more than six (6) persons, but not more than twelve (12) persons. Dwelling groups. Multiple-family dwellings that do not comply with the design and development standards set forth in Article 5.2 of this Chapter. Outdoor sales establishment. Parks, community gardens, and playgrounds. 6 Professional office converted from a single-family residence. Rest homes, convalescent services, and other residential medical facilities. Single-family dwelling on a three thousand (3,000) square foot lot (1 side 0 lot line and 1 side 5-foot setback provided that “0” lot lines are contiguous). Social halls, lodges, public buildings, and places of temporary public assembly. Temporary uses meeting the purpose and intent of the R-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. §9033 BUILDING HEIGHT LIMITS The following shall be the maximum limits for height of buildings in medium density residential (R-2) districts: A. For main buildings a maximum height of thirty-five feet (35’). B. For accessory buildings, a maximum height of twenty feet (20’) or the maximum height of the main building, whichever is less. C. The height limits for main buildings and accessory structures may be exceeded with the securing of a use permit. §9034 REQUIRED SITE AREA In medium density residential (R-2) districts there is no required building site area. §9035 REQUIRED YARD SETBACKS In Medium Density Residential (R-2) Districts, yards shall be required in the following minimum widths, as measured from the street right of way: A. Front: 1. Single-family dwellings: Fifteen feet (15’) for primary and accessory structures, and twenty- five feet (25’) for garages. 2. Multiple-family dwellings: Ten feet (10’) for multiple-family primary and accessory structures, and twenty-five feet (25’) for garages. B. Sides: 1. Single-family dwellings: Ten feet (10’), except as provided in Section 9032 of this Article. 2. Multiple-family dwellings: Five feet (5’) for multiple-family dwellings except for those multiple- family projects that comply with all the design and development standards set forth in Article 5.75 of this Chapter. C. Rear: 1. Single-family dwellings: Ten feet (10’). 2. Multiple-family dwellings, single-story: Ten feet (10’). 3. Multiple-family dwellings, multi-story: Fifteen feet (15’). 7 Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10’) on each street side of a corner lot. E. Special Yards and Distances between Buildings: Minimum widths shall be as follows: 1. The distance between any structures in any dwelling group shall be a minimum of ten feet (10’) for single-story and multi-story structures 2. Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20’) for one-way access and twenty five feet (25’) for dual access. 3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20’), and a minimum width of twenty four feet (24’) if bordered by parking stalls. §9036 REQUIRED PARKING A. The minimum parking area required in Medium Density Residential (R-2) Districts is as follows: 1. Single-Family Dwelling: Two (2) on-site parking spaces per unit. 2. Duplex: One and half (1.5) on-site parking spaces per unit. 3. Multiple-Family Dwelling: One (1) on-site parking space per unit. 4. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of Section 9198 of this Code. B. Each required off-street parking space or garage space for multiple-family residential uses shall be a minimum of nine feet (9’) in width and nineteen feet (19’) in depth. Thirty percent (30%) of the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (8 feet in width and 16 feet in length). C. Each required off-street parking space or garage space for multiple-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12’) for single-wide driveways, and twenty feet (20’) for double-wide driveways and access lanes to parcels with no street frontage. D. All driveways on corner lots shall be located a minimum distance of twenty feet (20’) from the curb return. E. Relief from the parking requirements in the R-2 Zoning District may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, or general welfare of the public. §9037 ADDITIONAL REQUIREMENTS A. A site development permit is required for development of more than a single duplex. However, multiple-family residential projects described in Section 9031 of this Code that are in compliance with the design and development standards set forth in Article 5.75 of this Chapter are exempt from this requirement. 8 B. Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction. C. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards set forth in Article 5.75 of this Chapter, and that require 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. 1. All proposed landscaping plans shall comply with the following standards: a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. b. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access. c. 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 fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. d. Parking lots shall have a perimeter planting strip with both trees and shrubs. e. 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. f. 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. g. All new developments shall include a landscaping coverage of twenty 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. 9 h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for residential development projects shall be adequately maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. k. 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. * * * SECTION THREE. Division 9, Chapter 2, Article 5 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): * * * §9045 PURPOSE AND INTENT The purpose of the R-3 zoning district is to implement the general plan policies for high density residential areas as a transition zone between low and medium density residential and commercial land uses with the emphasis upon residential uses. It is intended to provide opportunities for a mix of multiple-family residential development and low intensities commercial land uses. The R-3 zoning district is consistent with the HDR (high density residential) general plan land use designation. §9046 ALLOWED USES The following uses are allowed in High Density Residential (R-3) Districts: Accessory buildings and accessory uses. This shall not be construed as permitting any business use or occupation other than those specifically listed herein. Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code. Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family. Home occupations (as defined in section 9278 of this chapter). Public or private parking lots for automobiles, when the property is adjacent to any C-N, C-1, or C-2 district, or if required to accompany any new land use. Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. Single-family dwellings, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular home shall comply with the additional development standards in Section 9052 of this Code. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). 10 Multiple-family dwellings that comply with the design and development standards in Article 5.2 of this Chapter are permitted by right. Small and large family daycare homes. §9047 PERMITTED USES The following uses may be permitted in high density residential (R-3) districts subject to first securing a use permit: Barbershops, beauty shops. Churches, chapels, and other places of religious assembly. Coin operated laundromat. Dwelling groups. Florist. Hotels, motels, and bed and breakfast establishments. Mobile home parks. “Mom and pop” convenience grocery stores, delicatessens, bakeries, and coffee shops. Multiple-family dwellings that do not comply with the design and development standards in Article 5.2 of this Chapter. Nursery schools Parks, community gardens, and playgrounds. Professional offices. Public buildings. Rest homes, hospitals, pharmacies, and community care facilities serving more than six (6) persons, but not more than twelve (12) persons. Video rentals/sales. §9048 BUILDING HEIGHT LIMITS The following shall be the maximum limits for height of buildings in High Density Residential (R-3) Districts: A. For main buildings a maximum height of fifty feet (50’), unless abutting an R-1 or R-2 lot in which case a maximum height of thirty-five feet (35’). B. For accessory buildings, a maximum height of thirty feet (30’) or the maximum height of the main building whichever is less. §9049 REQUIRED SITE AREA FOR MOBILE HOME PARKS A. In High Density Residential (R-3) Districts there is no required building site area. B. The required building site for each mobile home park shall be a minimum of two (2) acres. 11 §9050 REQUIRED YARD SETBACKS In High Density Residential (R-3) Districts, yards shall be required in the following minimum widths, except as provided in Section 9032 of this Chapter: A. Front: 1. Single-family dwellings: Fifteen feet (15’) for dwellings and accessory structures, and twenty- five feet (25’) for garages. 2. Multiple-family dwellings: Ten feet (10’) for multiple-family dwellings and accessory structures, and twenty-five feet (25’) for garages. B. Sides: Five feet (5’), except for those multiple-family dwelling projects that comply with all the design and development standards in Article 5.75 of this Chapter. C. Rear: 1. Single-family dwellings: Ten feet (10’). 2. Multiple-family dwellings, single-story: Ten feet (10’). 3. Multiple-family dwellings, multi-story: Fifteen feet (15’). D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10’) on each side of the property facing a street. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. E. Special Yards and Distances between Buildings: Minimum widths shall be as follows: 1. The distance between any structures in any dwelling group shall be a minimum of ten feet (10’). 2. Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20’) for one-way access and twenty five feet (25’) for dual access. 3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20’), and a minimum width of twenty four feet (24’) if bordered by parking stalls. §9051 REQUIRED PARKING A. The minimum parking area required in High Density Residential (R-3) Districts is as follows: 1. Single-Family Dwelling: Two (2) on-site parking spaces per unit. 2. Duplex: One and half (1.5) on-site parking spaces per unit. 3. Multiple-Family Dwelling: One (1) on-site parking space per unit. 4. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this Code. B. Each required off-street parking space or garage space for multiple-family residential uses shall be a minimum of nine feet (9’) in width and nineteen feet (19’) in depth. Thirty percent (30%) of 12 the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (8 feet in width and 16 feet in length). C. Each required off-street parking space or garage space for multiple-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12’) for single-wide driveways, and twenty feet (20’) for double-wide driveways and access lanes to parcels with no street frontage. D. All driveways on corner lots shall be located a minimum distance of twenty feet (20’) from the curb return. E. Relief from the parking requirements in the R-3 Zoning District may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, and general welfare of the public. §9052 ADDITIONAL REQUIREMENTS A. All new construction, exterior modifications to existing buildings or on-site work shall require a site development permit pursuant to subsection 9261B of this Chapter, excluding multiple-family residential projects, as described in Section 9046 that comply with the design and development standards in Article 5.75 of this Chapter. B. Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction. C. All development projects that are not multiple-family residential projects, or do not comply with the design and development standards in Article 5.75 of this Chapter, and that require 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. 1. All proposed landscaping plans shall comply with the following standards: a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access. c. 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 13 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 fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. d. Parking lots shall have a perimeter planting strip with both trees and shrubs. e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than 3 feet (3’) in width 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. f. 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. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. k. 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. * * * SECTION FOUR. Division 9, Chapter 2, Article 6 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): * * * §9060 PURPOSE AND INTENT The purpose of the Neighborhood Commercial (C-N) Zoning District is to encourage and promote a balanced mix of low intensity professional office, commercial, single-family and multiple-family residential, and quasi-public land uses. The maximum residential density is one to fifteen (15) dwelling units per gross acre of land. 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 low 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 Article are intended 14 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: Accessory uses to any of the uses allowed in this district. Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code. Home occupations. Low barrier navigation centers. Professional and medical offices, barbershop, beauty shop, drugstore, florist, delicatessen (seating/tables permitted), small grocery store, and all 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. Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. Single-family dwelling, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular home shall comply with the additional development standards in Section 9068 of this Code. Small and large family daycare homes. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Article 5.2 of this Chapter are permitted by right. Emergency shelters, small. A mix of any of the above allowed uses. §9062 USES PERMITTED WITH SECURING OF 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 of this chapter: Bakery. Bed and breakfast establishment. Bookstore. Coffee shop. Emergency shelters, large. Medical care facility or hospital. Multiple-family dwellings that do not comply with the design and development standards set forth in Article 5.2 of this Chapter. 15 Personal service establishment. Places of religious worship, assembly or instruction. Public or private schools. Retail stores not listed in section 9061 of this article, except for large commercial retail stores, such as department stores, supermarkets, chain drugstores, and discount clothing stores. Sit down restaurant or cafe (no drive-thru restaurants shall be permitted). Small and large family child daycare homes. Tailor shop. A mix of any of the above permitted uses. 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. §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-five feet (35’). B. For accessory buildings, a maximum height 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. Commercial. For each main building a minimum of seven thousand (7,000) square feet of area, and a width of seventy feet (70’). B. Residential and Mixed-Use. No minimum building site area. C. Existing lots as of the date of ordinance 1006, under seven thousand (7,000) square feet are considered legal building sites. D. 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. B. On corner lots, there shall be a front setback line on each street side of a corner lot. The front setback line shall be a minimum of ten feet (10’) measured from the street right-of-way line adjacent to such lot. §9066 YARD REQUIREMENTS In Neighborhood Commercial (C-N) Districts, yards shall be required in the following widths: 16 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. 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 such lot. C. Side Yards: The minimum depth required shall be five feet (5’). D. Rear Yards: The minimum depth required shall be ten feet (10’). 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 REQUIREMENTS 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. Commercial Uses. 1. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable space. 2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross floor area. 3. Restaurant: One 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. 4. 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 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. B. Residential Uses. The minimum parking areas are required for the following residential uses: 1. Single-Family Dwelling: Two (2) on-site parking spaces per unit. 2. Duplex: One and half (1.5) on-site parking spaces per unit. 3. Multiple-Family Dwelling: One (1) on-site parking space per unit. C. Other Uses: All other uses are subject to the provisions contained in Article 17 of this Chapter. D. Exceptions: 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. E. Rear or Side Lots: 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. 17 §9067.5 LOT COVERAGE The maximum lot coverage shall be sixty percent (60%) 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 subsection 9261B of this Chapter, excluding multiple-family residential projects as described in Section 9061 that comply with the design and development standards in Article 5.75 of this Chapter. B. No fence shall be constructed over three feet (3’) in height in any required front yard. C. Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual parcels subject to the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction. D. All development projects that are not multiple-family residential projects or do not comply with the design and development standards in Article 5.75 of this Chapter for multiple-family projects and that require discretionary review in the C-N Zoning District 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 of application filing. 1. All proposed landscaping plans shall comply with the following standards: a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. b. Deciduous trees shall constitute 51 percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access. c. 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 fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. d. Parking lots shall have a perimeter planting strip with both trees and shrubs. 18 e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than 3 feet (3’) in width 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. f. 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. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. k. 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 seven o’clock (7:00) A.M. to six o’clock (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 hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation, and shall be subject to the provisions of Section 9209 of this Chapter. * * * SECTION FIVE. Division 9, Chapter 2, Article 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): * * * §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, to encourage the establishment of community-wide commercial serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. The Community Commercial (C-1) Zoning District is consistent with the Commercial (C) General Plan land use designation. 19 §9081 ALLOWED USES The following uses are allowed in the Community Commercial (C-1) Zoning District: Accessory uses to any of the uses allowed in this district. Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in Section 9016 of this Code. Community care facility which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family. Condominiums. Emergency shelters, small. Hotels, motels, and bed and breakfast establishments. Low barrier navigation centers. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)), and that comply with the design and development standards in Article 5.72 of this Chapter are permitted by right. Personal improvement and personal service establishments. Places of religious worship, assembly or instruction. Professional offices and banks. Public or private schools. Restaurants. Retail stores. Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. Small and large family child daycare homes. §9082 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: Auto repair shop, auto body and painting shop, car wash, auto service (gas) station, and new and used car sales. Bar, dance hall, live entertainment establishment and nightclub. Billiard parlor, amusement arcade, and bowling alley. Cabinet shop. Cannabis manufacturing – Level 1. Cannabis microbusiness. 20 Cannabis nursery. Cannabis retailer. Cannabis testing laboratory. Community care facility for more than six (6) persons, but not more than twelve (12) persons. Emergency shelters, large. Machine shop. Mini/convenience storage. 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. A. All outdoor sales establishments shall comply with the following criteria: 1. 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 public right of way. The use permit may require additional parking, depending on the nature of sales proposed. 2. 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 subsection 3227A5 of this code. 3. Utilities: The need for sanitary sewer, water, and electrical services shall be determined through the use permit process, and all hookups shall comply with this code. 4. Business License: Business license must be prominently displayed at all times, and the operator shall have proof of board of equalization sales permit. Parking lot. Single-family dwelling (i.e., single-family home, manufactured/modular home, transitional housing, and supportive housing). Manufactured/modular home shall comply with the additional development standards in Section 9087 of this Code. Multiple-family dwellings that do not comply with the design and development standards in Article 5.2 of this Chapter. Mobile home parks. Social halls and lodges. Theater. Veterinarian. §9083 BUILDING HEIGHT LIMITS The maximum height of any building in a community commercial (C-1) district shall be fifty feet (50’). (Ord. 1006, §1, adopted 1998) 21 §9084 BUILDING SITE AREA REQUIRED A. Commercial. 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 area and a minimum width of seventy feet (70’) on corner lots. B. Residential and Mixed-Use. No minimum building site area. C. Mobile Home Parks. Minimum of two (2) acres. §9085 REQUIRED YARD SETBACKS In community commercial (C 1) districts, yards shall be required in the following minimum widths: A. Front yards for single story buildings: The front setback line shall be a minimum of five feet (5’) measured from the street right of way line fronting such lot. On corner lots, a ten foot (10’) vision triangle may be required for traffic safety. B. Front yards for multiple story buildings: The front setback line shall be a minimum of five feet (5’) measured from the street right of way line fronting such lot (generally being the edge of sidewalk). On corner lots, a ten foot (10’) vision triangle may be required for traffic safety. C. Rear and side yards: None required except where the rear or side of a lot abuts on an R 1, R 2, or R 3 district, in which case such rear or side yard shall be that of the adjoining zone. §9086 REQUIRED PARKING The minimum parking area required in the community commercial (C-1) zoning districts shall be as follows: A. Commercial Uses. 1. Retail Stores, Professional Offices, and Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area. 2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross leasable floor area. 3. Commercial Recreation And Public Assembly: One parking space for each four (4) person capacity. 4. Restaurant: One 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. 5. 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. B. Downtown Parking District: All parcels within the downtown parking district no. 1 are not subject to the C 1 zoning district parking standards. These parcels shall comply with the provisions of the downtown parking improvement program. C. Residential Uses: The minimum parking areas are required for the following residential uses: 1. Single-Family Dwelling: Two (2) on-site parking spaces per unit. 22 2. Duplex: One and half (1.5) on-site parking spaces per unit. 3. Multiple-Family Dwelling: One (1) on-site parking space per unit. D. Other Uses: All other uses are subject to the provisions contained in Article 17 of this Chapter. E. Exceptions: 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 subsection 9261B of this chapter, excluding multiple-family residential projects as described in Section 9081 that comply with the design and development standards in Article 5.75 of this Chapter B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include, use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5’), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners. C. Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual parcels subject to the following regulations: 1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code. 2. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies. 3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction. D. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards in Article 5.75 of this Chapter, and that require 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. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. 23 b. Deciduous trees shall constitute 51 percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access. c. 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 fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. d. Parking lots shall have a perimeter planting strip with both trees and shrubs. e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than 3 feet (3’) in width 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. f. 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. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless because of the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. k. 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 article inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation, and shall be subject to the nonconforming provisions contained in this chapter. * * * SECTION SIX. Division 9, Chapter 2, Article 8 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): 24 * * * §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 zone also encourages the integration of multiple-family housing. 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: * * * Family daycares, large and small Laundry service and laundromat. Low barrier navigation centers. Mini/convenience storage. Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)), that comply with the design and development standards in Article 5.2 of this Chapter are permitted by right. New and used automobile sales. Recycling facility. Safety service. Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter. Service (gas) station, automobile repair, automobile body and painting shop, and car washing facility. Transportation service. Warehousing and distribution (limited). Wholesale store. §9097 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: * * * Light industrial and manufacturing uses. Mobile home parks. 25 Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, single-room occupancies (SROs)), that do not comply with the design and development standards in Article 5.2 of this Chapter. * * * §9098 BUILDING HEIGHT LIMITS The maximum height of any building in a C-2 district shall be as follows: A. Fifty feet (50’) for primary buildings. B. Thirty feet (30’) for accessory buildings. C. To exceed the height limits for primary and accessory buildings, a use permit must first be secured. §9099 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 five feet (5’) measured from the street right of way line fronting such lot. On corner lots, a ten foot (10’) vision triangle may be required for traffic safety. B. Front yards for multiple-story buildings: The front setback line shall be a minimum of five feet (5’) measured from the street right of way line fronting each side of the lot. On corner lots, a ten foot (10’) vision triangle may be required for traffic safety. C. Rear and side yards: None required except where the rear or side of a lot abuts on an R-1, R-2, or R-3 district, in which case such rear or side yard shall be that of the adjoining zone. §9100 PARKING REQUIRED The minimum parking area required in the heavy commercial (C-2) zoning district shall be as follows: A. Commercial Uses. 1. Wholesale Stores: One parking space for each four hundred (400) square feet of gross leasable space. 2. Automobile Sales: One space for each five hundred (500) square feet of floor area plus one space for each two thousand (2,000) square feet of outdoor display area. 3. Cabinet Shop, Machine Shop, And Sign Shop: One space for each employee on the maximum shift plus required space for office areas. Two (2) spaces are also required for customer parking, and one space for each vehicle operated from or on the site. 4. Warehouse, Mini/Convenience Storage: One parking space for each two thousand five hundred (2,500) square feet. Four (4) additional spaces are also required for customers, one parking space for each two (2) employees at maximum shift, and one space for each vehicle operated from or on the site. 5. Retail Stores, Professional Offices, and Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area. 6. 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 26 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. B. Residential Uses: The minimum parking areas are required for the following residential uses: 1. Multiple-Family Dwelling: One (1) on-site parking space per unit. C. Other Uses: All other uses are subject to the provisions contained in article 17 of this chapter. D. Exceptions: 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. §9101 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 subsection 9261B of this Chapter, excluding multiple-family residential projects as described in Section 9096 that comply with the design and development standards set forth in Article 5.75 of this Chapter. B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include, use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5’), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners. C. All development projects in the C-2 zoning district that are not multiple-family residential projects or do not comply with the design and development standards set forth in Article 5.75 of this Chapter require discretionary review in the and 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. 1. All proposed landscaping plans shall comply with the following standards: a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Native species are strongly encouraged. b. Deciduous trees shall constitute 51 percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access. c. 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 fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. 27 d. Parking lots shall have a perimeter planting strip with both trees and shrubs. e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than 3 feet (3’) in width 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. f. 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. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible. k. 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. D. No fence shall be constructed over three feet (3’) in height in any required front yard setback area. E. Existing development as of the date of this article inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation, and shall be subject to the nonconforming provisions contained in this chapter. * * * SECTION SEVEN. Division 9, Chapter 2, Article 20 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): §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. 28 A. Use Permits: A use permit is an entitlement that permits a certain use of land in a zoning district 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 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 (see exemption B(1) below), 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. Multiple-family residential projects that comply with all the design and development standards in Article 5.75 of this Chapter are exempt; or 2. The project involves an addition of less than one hundred fifty (150) square feet to an existing structure, and the addition would not be highly visible from any public street; or 3. 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. * * * SECTION EIGHT. Section 9278 of Division 9, Chapter 2, Article 21 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”) : §9278 DEFINITIONS A. Any words or phrases not defined within this article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the city planning director shall have the authority to define the term or equate it to a defined term that is similar in nature. B. For purposes of this article, the words and phrases set out herein shall have the following meanings: * * * EMERGENCY SHELTER. A building or group of buildings designed or adaptable for human occupation operated by a public agency, not for profit organization, or charitable organization to provide emergency or temporary shelter for homeless or displaced persons. 29 EMERGENCY SHELTER, SMALL. Facilities for up to 12 persons and a maximum of two permanent live in staff. EMERGENCY SHELTER, LARGE. Facilities with 13 or more persons. * * * LOW BARRIER NAVIGATION CENTER. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities. A Low Barrier Navigation Center shall provide case managers to connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. LOW BARRIER. A standard for best practices to reduce barriers to entry into shelters, and may include, but is not limited to, allowing or providing the following: (1) The presence of partners, provided that the shelter is not a population-specific site, such as a shelter intended to serve survivors of domestic violence or sexual assault, women, or youth. (2) Pets. (3) The storage of possessions. (4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. * * * SINGLE ROOM OCCUPANCY (SRO). Any residential structure containing more than five (5) units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features, (e.g., kitchen, bathroom, or entertainment area). * * * SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. * * * TRANSITIONAL HOUSING. Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance. Transitional housing units are residential uses allowed in any residential 30 zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. * * * SECTION NINE. 1.Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 2.Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on August 18, 2021, by the following roll call vote: AYES: Councilmembers Crane, Duenas, Brown, and Orozco NOES: None ABSENT: Councilmember Rodin ABSTAIN: None Adopted on September 1, 2021, by the following roll call vote: AYES: Councilmembers Crane, Rodin, Duenas, Brown, and Orozco NOES: None ABSENT: None ABSTAIN: None _______________ Juan V. Orozco, Mayor ATTEST: _______ Kristine Lawler, City Clerk