HomeMy WebLinkAbout2021-07-14 PacketPage 1 of 2
Planning Commission
Regular Meeting
AGENDA
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/678443853
You can also dial in using your phone.
United States: +1 (408) 6503123; Access Code: 678443853
July 14, 2021 6:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
4.a. Approval of the Draft Minutes of June 23, 2021, a Regular Meeting.
Recommended Action: Approve the Draft Minutes of June 23, 2021. a Regular Meeting.
Attachments:
1.June 23, 2021 PC Draft Minutes
5. APPEAL PROCESS
All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written
appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made.
An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision
from which the appeal is taken. For items on this agenda, the appeal must be received by July 26, 2021.
6. COMMENTS FROM AUDIENCE ON NONAGENDA ITEMS
The Planning Commission welcomes input from the audience. In order for everyone to be heard, please limit your comments
to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action
to be taken on audience comments.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PLANNING COMMISSIONERS REPORT
10. DIRECTOR'S REPORT
11. CONSENT CALENDAR
Page 1 of 193
Page 2 of 2
12. NEW BUSINESS
12.a. Consideration and Possible Recommendation regarding Draft Resolution Approving an Initial
Study/Negative Declaration and General Plan Amendment to Allow for Increased Density and
Lot Coverage in Compliance with the General Plan and State Housing Laws; and draft
Ordinance 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
Recommended Action: Staff recommends the Planning Commission approve a recommendation
of approval to the City Council of the Draft Initial Study and Negative Declaration, draft General
Plan Text Amendment, and Draft Ordinance Amending Division 9, Chapter 2 of the City Code to
Execute General Plan Housing Element Implementation Tasks and to Comply with State Housing
Laws.
Attachments:
1.Draft Ordinance
2.Draft Resolution
3.Housing Element Goals and Tasks
4.Div. 9, Ch. 2, Art. 3 R1 SingleFamily Residential
5.Div. 9, Ch. 2, Art. 4 R2 Medium Density Residential
6.Div. 9, Ch. 2, Art. 5 R3 High Density Residential
7.Div. 9, Ch. 2, Art. 6 CN Neighborhood Commercial
8.Div. 9, Ch. 2, Art. 7 C1 Community Commercial mgt
9.Div. 9, Ch. 2, Art. 8 C2 Heavy Commercial mgt
10.Div. 9, Ch. 2, Art. 20 Admin and Procedures
11.Div. 9, Ch. 2, Art. 21 Definitions mgt
12.Div. 9, Ch. 2, Art. 5.2 Objective Standards
13.Flexible Parking Options
14.Draft Initial Study_Negative Declaration
13. UNFINISHED BUSINESS
14. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon
request. Materials related to an item on this Agenda submitted to the Planning Commission after
distribution of the agenda packet are available at the Civic Center 300 Seminary Ave. Ukiah, CA
95482; and online at: www.cityofukiah/meetings/ at the end of the next business day.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located
at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on
this agenda.
July 9, 2021
Stephanie Abba
Planning Commission Secretary
Page 2 of 193
Agenda Item 4a
Page 1 of 2
CITY OF UKIAH
PLANNING COMMISSION MINUTES
Regular Meeting
Virtual Meeting Link: https://global.gotomeeting.com/join/678443853
Ukiah, CA 95482
June 23, 2021
6:00 p.m.
1. CALL TO ORDER
The City of Ukiah Planning Commission held a Regular Meeting on June 23, 2021, having
been legally noticed on June 18, 2021, which was called to order by Chair Hilliker at 6:01
p.m. on the following virtual link: https://global.gotomeeting.com/join/678443853
CHAIR HILLIKER PRESIDING
2. ROLL CALL
Roll was taken with the following Commissioners Present: Rick Johnson, Michelle
Johnson, and Chair Mark Hilliker, and. Commissioners Absent: Commissioners Van
Antwerp and Christensen: Staff Present: Craig Schlatter, Community Development
Director; and Stephanie Abba, Planning Commission Secretary.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited
4. APPROVAL OF MINUTES
a. Approval of June 09, 2021, Regular Meeting Minutes.
Motion/Second: R. Johnson/M. Johnson to approve the Minutes of June 09, 2021, a
Regular Meeting, as submitted. Motion carried by the following roll call vote: AYES: R.
Johnson, M. Johnson, and Chair Hilliker. NOES: None. ABSENT: Commissioners Van
Antwerp and Christensen. ABSTAIN: None
5. APPEAL PROCESS
No matters eligible for appeal were received.
6. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
No public comment was received.
7. SITE VISIT VERIFICATION
Verified by Commissioners.
9. PLANNING COMMISSIONERS’ REPORT
No report was received
8. VERIFICATION OF NOTICE
Confirmed by Staff
Page 3 of 193
Minutes of the Planning Commission, June 23, 2021, Continued:
Page 2 of 2
10. DIRECTOR’S REPORT
Presenter: Craig Schlatter, Community Development Director.
Report Received.
11. CONSENT CALENDAR
No items on consent calendar.
12. NEW BUSINESS
a. Recommendation to City Council of Approval of Proposed Ordinance Amending
Division 9, Chapter 2 of the Ukiah Municipal Code to Execute General Plan
Housing Element Implementation Tasks and Comply with New State housing
Laws.
Staff recommends the Commission Continue this item to its Regular Meeting on
Wednesday, July 14, 2021.
Motion/Second: M. Johnson/R. Johnson to continue this agenda item to the meeting on
Wednesday, July 14, 2021. Motion carried by the following roll call vote: AYES: R.
Johnson, M. Johnson, and Chair Hilliker. NOES: None. ABSENT: Commissioners Van
Antwerp and Christensen. ABSTAIN: None
13. UNFINISHED BUSINESS
No Unfinished Business
14. ADJOURNMENT
There being no further business, the meeting adjourned at 6:17 P.M.
_______________________________________
Stephanie Abba, Planning Commission Secretary
Page 4 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
DATE: July 9, 2021
TO: Planning Commission
FROM: Craig Schlatter, Community Development Director;
Mireya G. Turner, Planning Manager
SUBJECT: Consideration of Draft General Plan Text Amendment and Draft Ordinance 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
ATTACHMENTS
1. Draft Ordinance
2. Draft Resolution Approving the Draft IS/ND and General Plan Amendment
3. 2019-2027 Housing Element, Section 7 Goals, Policies, and Implementing
Programs
4. UCC Division 9, Chapter 2, Article 3 “R-1” Single-family Residential
5. UCC Division 9, Chapter 2, Article 4 “R-2” Medium Density Residential
6. UCC Division 9, Chapter 2, Article 5 “R-3” High Density Residential
7. UCC Division 9, Chapter 2, Article 6 “C-N” Neighborhood Commercial
8. UCC Division 9, Chapter 2, Article 7 “C-1” Community Commercial
9. UCC Division 9, Chapter 2, Article 8 “C-2” Heavy Commercial
10. UCC Division 9, Chapter 2, Article 20 Administration and Procedures
11. UCC Division 9, Chapter 2, Article 21 Definitions
12. UCC Division 9, Chapter 2, Article 5.2 Objective Design and Development
Standards for New Residential Construction
13. Flexible Parking Options
14. Draft Initial Study and Negative Declaration for Housing Related Zoning Code
Updates
SUMMARY
In 2017, the City Council approved a Housing Strategy to develop programs and tools designed to
stimulate the Ukiah housing market for affordable and middle-income households. This Affordable-
Income Strategy resulted in the creation of the Ukiah Housing Trust Fund (UHTF), a housing trust and
revolving loan fund targeting households with incomes of no more than 80% of Area Median Income.
The Middle-Income Housing Strategy included removing impediments to housing development
through regulatory relief, and researching innovative zoning practices. The analysis performed for this
Strategy resulted in multiple Implementation Tasks included in the 2019-2027 General Plan Housing
Element Update.
The attached draft Ordinance and Resolution will execute five (5) Housing Element Implementation
Tasks designed to streamline the permitting process (Task 1e & 2h); increase density and maximum
Page 5 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
allowable height, reduce setbacks and minimum site area (Task 3a); develop flexible parking policies
(Task 3b); and add Supportive Housing as a use by-right in all zones where multifamily and mixed
uses are permitted (Task 2l). These Tasks are described further in the Background section of this staff
report.
The proposed amendments affect the Zoning Districts listed below and are displayed in the City’s
Zoning Map, Figure 1 below:
• “R1” Single-family Residential
• “R2” Medium Density Residential
• “R3” High Density Residential
• “CN” Neighborhood Commercial
• “C1” Community Commercial
• “C2” Heavy Commercial
Figure 1: City of Ukiah Zoning Map
The draft ordinance also includes updates to comply with State Housing laws that were not included
in the Housing Element Update, some of which were signed into law by the Governor after the adoption
and certification of the City’s 2019-2027 Housing Element. These laws are further described in the
Background section of this staff report.
Page 6 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
The draft ordinance is included as Attachment 1. The draft Resolution approving the Initial
Study/Negative Declaration, and amending the General Plan is included as Attachment 2. The 2019-
2027 Housing Element Goals and Implementation Tasks are included as Attachment 3. The
proposed amendments to the Zoning Code Articles are included, in strikethrough version, as
Attachments 3 – 11. The Objective Design and Development Standards, approved in concept by the
City Council on November 4, 2020, is included as Attachment 12. The Flexible Parking Options
document is included as Attachment 13. The Draft Initial Study/Negative Declaration is included as
Attachment 14.
BACKGROUND
The 2019-2017 Housing Element Update, recommended for approval by the Planning Commission
on August 14, 2019, approved by the City Council on October 23, 2019, and certified by the state
Department of Housing and Community Development (HCD) on December 15, 2019, contains five
goals, with a total of 30 Implementation Tasks to accomplish those goals. Many of these tasks resulted
from Housing Strategy research for permit streamlining and innovative zoning practices, as well as
input from the public, Planning Commission, and Council. The proposed Zoning Code amendments
address the following five Housing Element Implementation Tasks:
• 1e: Develop standards and design guidelines for residential development in the Medium
Density Residential (R-2) and High Density Residential (R-3), Community Commercial (C-1)
and Heavy Commercial (C-2) zoning districts.
• 2h: Ensure capacity of adequate sites for meeting Regional Housing Needs Assessment
(RHNA)
Update C-1 and C-2 Zones to allow by-right housing development, with objective design
and development standards.
Update the R-2 Zone to allow up to 15 dwelling units per acre instead of 14 dwelling units
per acre.
Update the C-N Zone to increase residential density and allow similar housing types as
those allowed in R-2.
By-right housing program for select parcels (accomplished by the “HOZ” Housing Overlay
Zone established at 210 E. Gobbi St.).
• 2l: Review existing City processes for compliance with AB 2162 (allowing supportive housing
by right in zones where multifamily and mixed uses are permitted, including nonresidential
zones permitting multifamily uses).
• 3a: Research, review and amend the development standards in the zoning code for
opportunities to maximize housing development.
Increasing maximum allowable height for new residential buildings.
Increasing density.
Reducing yard setbacks.
Reducing minimum site area.
Upzoning R-1 (Single-family Residential) and R-1-H (Single-family Residential-Hillside
Combining) zoning districts to allow by-right and/or permit other residential building types
Page 7 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
and densities. (Although identified in Implementation Task 3a, the Hillside Overlay District
is not included in the proposed amendments at this time.)
• 3b: Develop flexible parking policies for new residential development.
The proposed Zoning Code amendments also address the following Housing-Related State Laws:
• Senate Bill 2 (Approved by the Governor 10/13/2007), amended the State Government Code
(GC) to add definitions of supportive and transitional housing to GC. This amendment adds
the same definitions to Ukiah City Code (UCC), Article 21: Definitions.
• Senate Bill 234 (Approved by Governor 9/5/2019) mandates that jurisdictions not require
discretionary permits for large or small family daycares in any zoning district allowing for
primary residential use. The UCC previously listed large family daycares as a Permitted Use,
requiring an approved Use Permit. The draft ordinance places both small and large family
daycares under Allowed Uses in all appropriate zoning districts.
• Assembly Bill 101 (Approved by Governor 7/31/19) adds Low Barrier Navigation Centers as
a use by right in areas zoned for mixed uses and nonresidential zones permitting multifamily
uses if the Center meets specified requirements.
• Assembly Bill 3182 (Approved by Governor 9/28/20) (amendment to UCC Section 9016)
mandates ministerial approval of one Accessory Dwelling Unit (ADU) and one Junior
Accessory Dwelling Unit (JADU) per parcel with a primary residence. The UCC previously
allowed one ADU or one JADU.
The term “Homeless Shelter” has been modified to “Emergency Shelter” to reflect current terminology
in State law. Further Zoning Code updates to comply with current Government Code regulations for
emergency shelters are not included in this draft Ordinance; but will come before the Planning
Commission for review at a future date.
A summary of the proposed amendments are provided in Table 1 below. Frequently used Planning
terms and acronyms relevant to this Staff Report are defined below:
• Accessory Structure: A structure which supports the primary use of a parcel. Sheds and
detached garages are considered accessory structures on a residential parcel.
• Allowed Use: A land use which does not require a conditional use permit. Also known as a “by-
right” use.
• du/ac: dwelling units per acre (used to measure and describe density)
• 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.
• Lot coverage: The total area of a lot covered with structures.
• Multi-family residential development: Includes duplexes, triplexes, fourplexes, condominiums,
apartment houses, transitional housing, supportive housing, SROs, and rooming or boarding
houses.
• Permitted Use: A land use which requires an approved conditional use permit
Page 8 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
• Primary Structure: A structure dedicated to the primary use of the parcel. A residence is
considered a primary structure in a residential zoning district.
• 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.
• 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 further point in time, which shall be no less than six (6) months
from the beginning of the assistance.
• Unbundled Parking: Parking spaces in a multi-family residential development which are not
immediately available to the residents but can be rented as an extra option.
• UP: Use Permit, a conditional (discretionary) permit for a proposed land use, either Minor or
Major
• SDP: Site Development Permit. A conditional (discretionary) permit for the design of a
proposed project, either Minor or Major.
Page 9 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
Table 1, Summary of Proposed Zoning Code Amendments
PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard R1 R2 R3 CN C1 C2
Density
6 dwelling units
per acre (du/ac).
No change
proposed.
Changing from 14
du/ac to 15 du/ac
28 du/ac. No change
proposed.
Changing
from 6 du/ac
to 15 du/ac
28 du/ac. No change
proposed.
28 du/ac. No
change
proposed.
Height
30 ft and for
accessory
buildings a
maximum height
of twenty feet
(20') or the
maximum height
of the main
building
whichever is
less). No change
proposed.
Changing from 30 ft
to 35 ft for main
buildings. No change
to accessory
structures (20 ft or the
maximum height of
the main building
whichever is less)
Changing from 40 ft
to 50 ft for main
structures, unless
abutting R1 or R2
(then 35 ft). No
change to accessory
structures (30 ft)
Changing
from 30 ft to
35 ft for main
bldgs. No
change to
accessory
(20ft)
No change (50ft) Changing
from 40 ft to
50 ft for
primary
structures
and 20 ft to
30 ft for
accessory
structures
Page 10 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard R1 R2 R3 CN C1 C2
Setbacks
Reducing front
from 20 ft to 15
ft for primary
structures, and
30 ft to 25 ft for
garage and
accessory
structures);
Side Setback: No
change
proposed.
No change for SFDs.
Reducing for multi-
family structures:
Front-15 ft to 10 ft;
Sides-10 ft to 5 ft;
Rear- 15 ft to 10 ft
(but 15 ft for multi-
story);
Corner parcels- 10
ft.
Reducing distance
between structures
15 ft to 10 ft
No change for SFDs.
Reducing for multi-
family structures:
Front- 15 ft to 10 ft;
No change to side
and rear setbacks.
Corner parcels- 15 ft
to 10 ft.
Reducing distance
between structures
15 ft to 10 ft
No change
proposed to
front;
Reducing
side from 10
ft to 5 ft.
No change
proposed to
rear.
No change proposed.
No change
proposed.
Page 11 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard R1 R2 R3 CN C1 C2
Required
Site Area
No change Removing required
minimum area
Removing required
minimum area
Removing
minimum
required area
for residential
and Mixed-
Use.
No change
proposed for
commercial
use.
Residential and
Mixed-Use.
Removing required
minimum site area;
Commercial:
Establishing 6,000 sf
for each building or
group of buildings &
a minimum parcel
width of sixty feet
(60’) on interior lots;
7,000 sf & 70 ft
parcel width for
corner lots
No change
Page 12 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard R1 R2 R3 CN C1 C2
Allowed/
Permitted
Uses
Allowed
Uses:Adding
supportive and
transitional
housing
Adding Multiple-
family residential
dwellings in the
form of duplexes
on corner lots.
Adding
Multifamily that
complies with the
objective design
and development
standards.
Allowed: Adding
Family daycares,
large
Allowed Uses:
Adding
manufactured/modula
r homes, transitional
housing, and
supportive housing.
Adding multiple-family
dwellings that comply
with the objective
design and
development
standards.
Adding Family
daycares, large
Permitted Uses:
Adding Multiple-family
dwellings that do not
comply with the
objective design and
Allowed Uses:
Adding
manufactured/modula
r homes, transitional
housing, and
supportive housing.
Adding Multiple-family
dwellings that comply
with the objective
design and
development
standards.
Adding Family
daycares, large
Permitted Uses:
Multiple-family
dwellings that do not
comply with the
objective design and
Allowed Uses:
Adding Low
Barrier
Navigation
Centers
Allowed:
Multiple-family
dwellings that
comply with
the objective
design and
development
standards.
Adding Family
daycares,
large
Changing
name of small
homeless
facilities to
small
Allowed Uses:
Adding Low Barrier
Navigation Centers
Adding Multiple-family
dwellings that comply
with the objective
design and
development
standards.
Adding Family
daycares, large
Changing name of
small homeless
shelters to small
emergency shelters;
Permitted Uses:
Changing name of
large homeless
Allowed Uses:
Adding Low
Barrier
Navigation
Centers
Adding
Multiple-family
dwellings that
comply with
the objective
design and
development
standards.
Adding Family
daycares,
large and
small (This
was
inadvertently
omitted from
the
strikethrough
Page 13 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
Permitted Uses:
Adding multiple-
family dwellings
in the form of
duplexes,
transitional and
supportive
housing that do
not comply with
the objective
design and
development
standards.
development
standards.
development
standards.
emergency
shelters
Permitted
Uses:
Changing
name of large
homeless
shelters to
large
emergency
shelters
Adding
Multiple-family
dwellings that
do not comply
with the
objective
design and
development
standards.
shelters to large
emergency shelters
Adding Single-family
dwelling (i.e., single-
family home,
manufactured/modula
r home, transitional
housing, and
supportive housing)
that do not comply
with the objective
design and
development
standards.
Adding
Manufactured/modula
r home compliance
requirement with the
additional
development
standards
Adding Multiple-family
dwellings that do not
comply with the
objective design and
development
standards.
version of the
Article, but is
included in the
draft
ordinance.)
Permitted
Uses: Adding
Multiple-family
dwellings that
do not comply
with the
objective
design and
development
standards.
Page 14 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard R1 R2 R3 CN C1 C2
Parking
Removal of
required parking
for ADUs.
Adding Duplex
parking of 1.5
spaces/unit
(The City Council
Ad Hoc
Committee later
recommended a
reduction in
duplex parking to
1 space/unit.)
Reducing duplex
parking from 2
spaces/unit to
1.5/unit;
Reducing multifamily
from 2/2-bedroom unit
to 1/unit regardless of
number of bedrooms,
with option for
additional unbundled
parking
Reducing duplex
from 2 spaces/unit to
1.5/unit;
Reducing multifamily
from 2/2-bedroom unit
to 1/unit regardless of
number of bedrooms,
with option for
additional unbundled
parking
Adding SFD-
2/unit; Duplex-
1.5/unit; and
Multifamily-
1/unit, with
option for
additional
unbundled
parking
Removing
ADU parking
requirement
Adding SFD-2/unit;
Duplex-1.5/unit; and
Multifamily- 1/unit,
with option for
additional unbundled
parking
Removing ADU
parking requirement
Adding
Multifamily-
1/unit, with
option for
additional
unbundled
parking
Other
Adding standards
for manufactured
homes
Adding standards for
manufactured homes.
Adding standards for
manufactured homes.
Increasing lot
coverage from
40% to 60%.
Adding
standards for
manufactured
homes.
Clarifies language for
ensuring privacy.
Adding standards for
manufactured homes.
Clarifies
language for
ensuring
privacy.
Adding
standards for
manufactured
homes.
Page 15 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
7
Portions of the proposed Zoning Code Amendments were previously reviewed by the City Council
Ad Hoc Committee, Design Review Board, Planning Commission and City Council, as well as
agency review. Input from these groups was also incorporated into the proposed draft zoning
code amendments.
At the August 12, 2020 meeting, the Planning Commission approved a recommendation of
approval of the Objective Design and Development Standards. The City Council approved these
standards, in concept, at their November 4, 2020 meeting. The Planning Commission made a
recommendation of Moderate Parking Reductions, with Unbundled Parking Option for multi-family
residential housing. This recommendation was approved by the City Council on November 4,
2020. The Flexible Parking Options document is included as Attachment 13.
In regards to the parking standards recommendation, at the City Council Ad Hoc meeting of April
22, 2021, the Ad Hoc recommended the required parking for a duplex be further reduced, from
1.5 spaces per unit, to 1 space per unit.
The timeline for all portions of the draft Ordinance are listed in Table 2, below.
Table 2, Proposed Zoning Code Amendments – Review Timeline
PROPOSED ZONING CODE AMENDMENTS - REVIEW TIMELINE
Item
Agency
Review
(start date)
Design
Review
Board
Ad Hoc
Committee
Planning
Commission
City
Council
Objective
Design and
Development
Standards 6/1/2020 6/25/2020
10/1/20,
10/15/20 8/12/2020 11/4/2020
Flexible
Parking
Options 6/1/2020 6/10/2020
10/1/20,
10/15/20 6/10/2020 11/4/2020
Zoning Code
Amendments 4/19/2021 n/a 4/22/2021
STAFF ANALYSIS
GENERAL PLAN CONSISTENCY
The 1995 Ukiah General Plan consists of thirteen elements, each describing a different aspect of
the community’s vision. This vision guides development for the Ukiah community, as well as
provides the Community Development Department with priorities vetted by the public and
approved by the City Council, as listed in the goals and implementing programs. The Housing
Element Update, recommended for approval by the Planning Commission on August 14, 2019,
Page 16 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
8
approved by the City Council on October 23, 2019, and certified by HCD on December 15, 2019,
is an Element of the Ukiah General Plan. Certification by the HCD established that the 2019-2027
Housing Element Update was in full compliance with state Housing Element law (Article 10.6 of
the Government Code).
The proposed Zoning Code Amendments reflect the completion of five Housing Element
Implementation Tasks. As Housing Element Implementing Tasks, the standards are consistent
with the General Plan Housing Element. However, increasing the density in “R-2” Medium Density
Residential to fifteen dwelling units per acre (Implementation Task 2h), and the increase in
maximum lot coverage for residential use in Commercially designated parcels (Implementation
Tasks 2h and 3a), require amendments to the General Plan Medium Density Residential and
Commercial sections in order to achieve consistency between the General Plan Land Use and
Housing Elements.
ZONING ORDINANCE.
When approved by the City Council, the various Zoning Code amendments will establish
consistency between the Zoning Ordinance and the General Plan, as required by state law.
AIRPORT LAND USE COMPATIBILTY
The Mendocino Airport Land Use Commission (ALUC) determined the General Plan – 2019-2027
Housing Element to be consistent with the Mendocino County Airport Comprehensive Land Use
Plan (ACLUP). As these zoning code amendments reflect the implementation of the Housing
Element, further review by the ALUC is not required.
To ensure no further comment was outstanding, however, Staff sent the draft Zoning Code
amendments to Mendocino County ALUC staff on April 21, 2021. No comments were received.
AGENCY COMMENTS
An Administrative Review Draft of the Objective Standards was circulated to the City of Ukiah
Community Development Department – Building Division, Public Works Department, Electric
Utility Department, and Police Department, Ukiah Valley Fire Protection District, Mendocino
County Planning and Building Department, and the United States Air Force, Army, Marine Corps,
and Navy. No comments were received by the reviewing agencies.
ENVIRONMENTAL DOCUMENTATION
Staff completed an Initial Study for the proposed zoning code amendments and determined the
project impacts were less than significant. The draft Initial Study and Negative Declaration public
review period notification was posted at the Mendocino County Recorder’s Office and the City’s
CEQA webpage (www.cityofukiah.com/ceqa) on June 7, 2021, and published in the Ukiah Daily
Journal on June 12, 2021.
No comments were received during the review period, which ended on July 7, 2021. The full draft
Initial Study and Negative Declaration is included as Attachment 14.
Page 17 of 193
AGENDA ITEM NO. 12a
Department of Community Development
Planning Division
300 Seminary Ave.
Ukiah, CA 95482
Staff Report
Housing-Related Zoning Code Amendments
9
NOTICE
Notice of the Public Hearing was provided in the following manner, in accordance with UCC
§9262(C):
Published as a 1/8th page notice in the Ukiah Daily Journal on June 12, 2021
Posted at the Civic Center (glass case) no less than 72 hours prior to the public hearing
RECOMMENDATION
Staff recommends the Planning Commission review and approve a recommendation of approval
to the City Council of the draft Initial Study and Negative Declaration, draft General Plan Text
Amendment and Draft Ordinance 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.
Page 18 of 193
1
ORDINANCE NO.
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:
Attachment 1
Page 19 of 193
2
1. One ADU and one JADU per lot with a proposed or existing single-family dwelling
if all of the following apply:
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 5.75 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.
Page 20 of 193
3
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.
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 5.75 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.
* * *
Page 21 of 193
4
§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.
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
Page 22 of 193
5
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 “* * *”):
§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 5.75 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.
Page 23 of 193
6
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 5.75 of this Chapter.
Outdoor sales establishment.
Parks, community gardens, and playgrounds.
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.
Page 24 of 193
7
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’).
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.
5. 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).
Page 25 of 193
8
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.
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.
Page 26 of 193
9
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.
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
Page 27 of 193
10
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). Multiple-family dwellings that comply with the design
and development standards in Article 5.75 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.
Page 28 of 193
11
Multiple-family dwellings that do not comply with the design and development standards
in Article 5.75 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.
§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’).
Page 29 of 193
12
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.
5. 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-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.
Page 30 of 193
13
§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 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.
Page 31 of 193
14
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 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.
Page 32 of 193
15
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 5.75 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 5.75 of this Chapter.
Personal service establishment.
Places of religious worship, assembly or instruction.
Public or private schools.
Page 33 of 193
16
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:
Page 34 of 193
17
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.
Page 35 of 193
18
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.
§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.
1. 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.
Page 36 of 193
19
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 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. 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 “* * *”):
Page 37 of 193
20
* * *
§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.
§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 5.75 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:
Page 38 of 193
21
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.
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.
Page 39 of 193
22
Multiple-family dwellings that do not comply with the design and development standards
in Article 5.75 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)
§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.
Page 40 of 193
23
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.
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.
Page 41 of 193
24
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.
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.
Page 42 of 193
25
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 in a viable condition.
j. 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 “* * *”):
* * *
§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.
Page 43 of 193
26
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 5.75 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.
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 5.75 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
Page 44 of 193
27
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 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
Page 45 of 193
28
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.
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.
Page 46 of 193
29
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 in a viable condition.
j. 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.
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
Page 47 of 193
30
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:
Page 48 of 193
31
* * *
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.
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.
Page 49 of 193
32
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 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.
3. Effective Date: The ordinance shall become effective thirty (30) days after its
adoption.
Introduced by title only on ___________, 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on ___________, 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Juan V. Orozco, Mayor
ATTEST:
Page 50 of 193
33
_______
Kristine Lawler, City Clerk
Page 51 of 193
1
RESOLUTION NO. 2021-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN INITIAL
STUDY/NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT NO. 21-01 TO ALLOW
FOR INCREASED DENSITY AND LOT COVERAGE IN COMPLIANCE WITH THE GENERAL
PLAN HOUSING ELEMENT AND STATE HOUSING LAWS.
WHEREAS:
1.State Planning Law allows any mandatory element of the General Plan to be amended as many
as four times in a calendar year; and
2.A duly noticed Planning Commission hearing was held on June 23, 2021 to consider the Draft
General Plan Amendment and Negative Declaration, and after receiving testimony, considering
the staff report, and due deliberation, the Planning Commission formulated a recommendation
to the City Council to adopt the General Plan Amendment and Negative Declaration; and
3.The City Council has reviewed the Draft General Plan Amendment and Negative Declaration
and conducted a public hearing; and
4.The Initial Study and Negative Declaration adequately assesses the impacts of this General
Plan Amendment
NOW, THEREFORE, BE IT RESOLVED that:
1.The City Council hereby approves the Final Initial Study/Negative Declaration dated June 7,
2021 prepared for General Plan Amendment No. 21-01, attached hereto as Exhibit A and the
Findings to Adopt a Negative Declaration for General Plan Amendment No. 21-01 pursuant to
the Requirements of the California Environmental Quality Act (CEQA), attached hereto as
Exhibit B.
2.The City Council hereby approves General Plan Amendment No. 21-01 (Exhibit C).
PASSED AND ADOPTED this ___ day of July, 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Juan V. Orozco, Mayor
ATTEST:
Kristine Lawler, City Clerk
Attachment 2
Page 52 of 193
87 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
SECTION 7: HOUSING PLAN
The Housing Plan identifies the City’s housing goals, polices, and implementing programs. It
consolidates existing strategies and policies into one Plan and presents a balanced and diverse
array of policies that cover housing needs identified through this Update, input from the public,
and four overall areas of concern: construction, rehabilitation, conservation, and administration.
The goals and policies of the Housing Element were organized into concise goal and policy
directives. A review of the 2014-2019 Housing Element accomplishments is included in
Appendix G and a summary of the below 2019-2027 Goals, Policies and Implementing
Programs can be found in Appendix H.
A. Goals, Policies, and Implementing Programs
Goal H-1 Conserve, rehabilitate, and improve the existing housing stock to provide
adequate, safe, sustainable, and decent housing for all Ukiah residents.
Policies to Support Goal H-1
Policy 1-1: Encourage the rehabilitation of existing residential units.
Policy 1-2: Promote the use of sustainable and/or renewable materials and energy
technologies (such as solar and wind) in rehabilitated housing and new housing
construction; and reduce greenhouse gas emissions.
Policy 1-3: Preserve at-risk housing units.
Policy 1-4: Promote increased awareness among property owners and residents of the
importance of property maintenance to long-term housing quality.
Policy 1-5: Continue to implement effective crime prevention activities.
Implementing Programs
1a:Implement a residential rehabilitation program. Emphasize rehabilitation of mobile
homes, detached single-family dwelling units, and lower-income multifamily housing
projects. Prioritize funding for health and safety repairs, energy efficiency improvements,
and ADA accommodations. Assist in completing the rehabilitation of at least 25 lower
income housing units in the planning period.
Responsibility: Community Development Department, Housing Services Division
Funding: CDBG, HOME, and/or other local, state or federal sources
Schedule: Ongoing, as funding is available
1b:Continue the City’s Energy Efficiency Public Benefits Fund and renewable energy
and energy efficiency rebate programs.
Responsibility: Electric Utility Department
Attachment 3
Page 53 of 193
88 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
Funding: Energy efficiency and renewable energy rebate program funds
Schedule: Ongoing, as funding is available
1c:Support funding or other applications that would preserve/conserve existing
mobile home parks. This might include programs such as the Mobile Home Park
Rehabilitation and Resident Ownership Program.
Responsibility: Community Development Department, Housing Services Division.
Funding: N/A – application support through technical assistance.
Schedule: Ongoing, as needed.
1d:Continue providing informational materials to the public through the Green
Building Information Center and at the public counter. Provide updated information
regarding sustainable and green building practices and materials, and provide
information on the maintenance of residential units.
Responsibility: Community Development Department, Building Services Division
Funding: Departmental budget
Schedule: Ongoing, as new and relevant information is available.
1e:Develop standards and design guidelines for residential development in the
Medium Density Residential (R-2) and High Density Residential (R-3), Community
Commercial (C-1) and Heavy Commercial (C-2) zoning districts. Given the
significant increase in the City’s RHNA over the next eight years, the City proposes to
create development standards and design guidelines that would both facilitate
development at the allowable densities and provide guidance and certainty in design
standards to ensure quality housing is developed in the community.
Responsibility: Community Development Department, Planning Services Division
Funding: General Funds and/or other funding if available.
Schedule: Establish development standards and design guidelines by the end of
calendar year 2020.
1f:Develop an At-Risk Units Program. Maintain an inventory of at-risk affordable housing
units and work with property owners and non-profit affordable housing organizations to
preserve these units by identifying and seeking funds from Federal, State, and local
agencies to preserve the units.
Responsibility: Community Development Department, Housing Services Division
Funding: Ukiah Housing Trust Fund, CDBG, HOME, and/or other funding sources
as available and as needed
Schedule: Develop At-Risk Program by the end of calendar year 2020.
Page 54 of 193
89 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
1g:Tenant Education and Assistance for Tenants of At-Risk Projects. Require property
owners to give notice to tenants of their intent to opt out of low-income use restrictions.
Provide tenants of at-risk units with education regarding tenant rights and conversion
procedures.
Responsibility: Community Development Department, Housing Services Division
Funding: Departmental budget
Schedule: Develop education program and notification procedures by June 30,
2020; implement program on an ongoing basis throughout the 2019-2027
planning period.
Goal H-2 Expand housing opportunities for all economic segments of the community,
including special needs populations.
Policies to Support Goal H-2
Policy 2-1: Continue to allow placement of manufactured housing units on permanent
foundations in residential zoning districts.
Policy 2-2: Encourage the development of a variety of different types of housing.
Policy 2-3: Ensure that adequate residentially designated land is available to accommodate
the City’s share of the Regional Housing Need. In order to mitigate the loss of
affordable housing units, require new housing developments to replace all
affordable housing units lost due to new development.
Policy 2-4: Pursue State and Federal funding for very low, low, and moderate income
housing developments.
Policy 2-5: Facilitate the production of housing for all segments of the Ukiah population,
including those with special needs.
Policy 2-6: Expand affordable housing opportunities for first time homebuyers.
Implementing Programs
2a:Update the inventory of vacant and underutilized parcels. Make copies of the
inventory available on the City’s website and at the public counter for distribution.
Responsibility: Community Development Department, Planning Services Division.
Funding: Departmental budget.
Schedule: Updated annually, by June 30 of each year; posted on the City’s website
and at the public counter.
2b:Monitor the rate of conversion of primary residences to short-term rental units.
Research ordinances limiting short-term rentals and present report to City Council.
Page 55 of 193
90 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
Responsibility: Community Development Department, Planning Services Division; City
Council.
Funding: General Funds.
Schedule: Develop monitoring program by June 30, 2020; annually track number of
short-term rentals and present information along with annual progress
report to City Council each year; short-term rental ordinance research
report due June 30, 2025.
2c:Monitor the conversion of single family residential homes to commercial uses. If
conversions continue and the City’s vacancy rate for homeownership is greater than
three percent citywide, the City will design an ordinance that restricts the conversion of
single family residences to commercial uses.
Responsibility: Community Development Department, Planning Services Division.
Funding: Departmental budget.
Schedule: Gather data and report findings to City Council by June 30, 2021.
2d:Pursue additional funding sources to augment the Ukiah Housing Trust Fund,
creating a permanent source of funding for affordable housing. Utilize funding to
develop and support affordable housing programs and projects, providing financial
assistance to private developers and nonprofit agencies, principally for the benefit of
extremely low-income, very low-income, and low-income households. Prepare and/or
support the preparation of at least eight applications for additional funding within the
2019-2027 planning period.
Responsibility: Community Development Department, Housing Services Division.
Funding: Low and Moderate Income Housing Asset Fund; other local, State, and
Federal funding sources as they become available.
Schedule: Ongoing.
2e:Continually engage with a variety of housing developers who specialize in
providing housing to each economic segment of the community. This effort is
designed to build long-term development partnerships and gain insight into specialized
funding sources, particularly in identifying the range of local resources and assistance
needed to facilitate the development of housing for extremely low-income (ELI)
households and households with special needs, including persons with disabilities and
persons with developmental disabilities. This policy is also designed to encourage the
production of a variety of housing types, including multi-family supportive, single room
occupancy, shared housing, and housing for the “missing middle.”
Responsibility: Community Development Department, Housing Services Division; City
Manager’s Office- Economic Development Section
Funding: Departmental budget.
Page 56 of 193
91 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
Schedule: Ongoing community and stakeholder outreach, occurring at least on a
quarterly basis and continuing throughout the 2019-2027 planning period.
2f.Amend the zoning code as follows:
x Emergency Shelters. The City will amend the Zoning Code to redefine homeless
facilities as emergency shelters, according to State Government Code.
x Transitional/Supportive Housing. Pursuant to SB 2, the City must explicitly allow
both supportive and transitional housing in all zones that allow residential uses and
supportive and transitional housing is to be only subject to those restrictions
applicable to other residential dwellings of the same type in the same zone (note: this
is not limited to residential zones). The City will amend the Zoning Code to
specifically define transitional/supportive housing as defined in Government Code.
x Single-Room Occupancy Housing. The City will amend the Zoning Code to allow
Single-Room Occupancy (SRO) units in the medium density residential (R-2) and
high density residential (R-3) zoning districts for the purpose of increasing the
number of units affordable to extremely low, very low, and low-income persons.
x Manufactured/Factory-Built Homes. The City will amend the Zoning Code to
define and allow manufactured and factory-built homes in the same manner and use
as all other types of residential dwellings in all zoning districts.
Responsibility: Community Development Department, Housing Services Division
Funding: Departmental budget
Schedule: Complete draft Zoning Code amendments by December 30, 2020; secure
adoption by June 30, 2021.
2g:Facilitate the consolidation of smaller, multi-family parcels by providing technical
assistance to property owners and developers in support of lot consolidation.
Research and present a report on possible lot consolidation incentives to the Planning
Commission and City Council.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget
Schedule: Present report to Planning Commission and City Council, with
recommendations, by June 30, 2026.
2h:Ensure capacity of adequate sites for meeting RHNA. The City of Ukiah has been
assigned a Regional Housing Needs Allocation (RHNA) of 239 units for the 2019-2027
Housing Element. To accomplish this mandate by the State, the City will:
x Update C1 and C2 Zones to allow by-right housing development, with objective
design and development standards. Units allowed by-right will include multifamily,
SROs, duplexes, triplexes, and fourplexes.
Page 57 of 193
92 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
x Update the R-2 Zone to allow up to 15 dwelling units per acre instead of 14
dwelling units per acre.
x Update the C-N Zone to increase residential density and allow similar housing
types as those allowed in R-2.
x By-right housing program for select parcels. Specific to APNs 00304077,
00304078, and 00304079, rezone these parcels at the default density of 15 du/ac.
Also rezone these parcels to allow residential use by-right for developments with at
least 20% of the units affordable to lower income households.
Responsibility: Community Development Department, Planning Services Division;
Planning Commission; City Council
Funding: Departmental budget
Schedule: Develop objective design and development standards per schedule
associated with Implementing Program 1e; pursue amendments to the
Zoning Code as outlined above by June 30, 2021.
2i:Monitor residential capacity (no net loss). Proactively monitor the consumption of
residential acreage to ensure an adequate inventory is maintained for the City’s RHNA
obligations. Implement a project evaluation procedure pursuant to Government Code
65863. Should residential capacity fall below the remaining need for lower income
housing, the City will identify and if necessary rezone sufficient sites to accommodate
the shortfall and ensure “no net loss” in capacity to accommodate the RHNA.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget
Schedule: Ongoing, with annual reports to HCD and the City Council; develop and
implement a project evaluation procedure pursuant to Government Code
65863, by June 30, 2021.
2j:First Time Homebuyer Assistance. The City of Ukiah offers assistance to eligible first-
time homebuyers to purchase new or existing single-family or condominium units in the
City. The program utilizes a combination of HOME, CalHome, CDBG, and/or other
resources as they become available- through the Ukiah Housing Trust Fund.
Restrictions apply and funds are available on a first-come, first-served basis.
Responsibility: Community Development Department, Housing Services Division
Funding: CDBG, HOME, Low and Moderate Income Housing Assets Funds,
CalHome, and/or other funding sources as available
Schedule: Ongoing
2k:Collaborate with local service providers on addressing homelessness. Continue
participation in the Mendocino County Continuum of Care.
Page 58 of 193
93 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
Responsibility: City Manager’s Office
Funding: N/A
Schedule: Ongoing
2l:Review existing City processes for compliance with AB 2162. Revise zoning
codes/processes to allow supportive housing by right in zones where multifamily and
mixed uses are permitted, including nonresidential zones permitting multifamily uses.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget
Schedule: Complete review of existing City processes by June 30, 2020; revise
zoning codes/processes by December 31, 2020
2m: Housing Units Replacement Program. The City will require replacement housing units
subject to the requirements of Government Code, section 65915, subdivision (c)(3) on
sites identified in the site inventory when any new development (residential, mixed-use
or non-residential) occurs on a site that has been occupied by or restricted for the use of
lower-income households at any time during the previous five years. This requirement
applies to 1) non-vacant sites; and 2) vacant sites with previous residential uses that
have been vacated or demolished.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget
Schedule: The replacement requirement will be implemented immediately and
applied as applications on identified sites are received and processed.
2n:Homeless Shelter Overlay District Evaluation. Evaluate the Homeless Shelter
Overlay District to determine suitability for accommodating the identified number of
homeless persons. At the minimum, this evaluation will include an analysis of
environmental conditions, physical features, location, and capacity of the zone to
accommodate the identified number of homeless persons. Depending on the results of
this evaluation, the City will consider options including possible amendment of the
District to maintain compliance with SB 2.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget
Schedule: Complete evaluation of overlay district on a bi-annual basis, with the first
report due to Planning Commission by June 30, 2020. Depending on
results of evaluation(s), make recommendations to Planning Commission
and/or City Council for options including possible amendment of the
District within 6 months of the date the report is due.
Page 59 of 193
94 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
Goal H-3 Remove governmental constraints to infill housing development.
Policies to Support Goal H-3
Policy 3-1: Improve building and planning permit processing for residential construction.
Policy 3-2: Encourage the use of density bonuses and provide other regulatory concessions
to facilitate housing development.
Policy 3-3: Encourage the development of mixed residential and commercial uses in the
commercial zoning districts where the viability of the commercial activities would
not be adversely affected.
Implementing Programs
3a:Research, review and amend the development standards in the zoning code for
opportunities to maximize housing development. Specific areas of research and
amendments may include the following:
x Increasing maximum allowable height for new residential buildings.
x Increasing density.
x Reducing yard setbacks.
x Reducing minimum site area.
x Upzoning R-1 (Single-family Residential) and R-1-H (Single-family Residential-
Hillside Combining) zoning districts to allow by-right and/or permit other
residential building types and densities.
Responsibility: Community Development Department, Planning Services Division;
Planning Commission; City Council
Funding: Departmental budget
Schedule: Complete draft Zoning Code amendments by December 30, 2021; secure
adoption by June 30, 2022
3b:Develop flexible parking policies for new residential development. The intent of this
policy is to reduce parking requirements, especially in zoning districts that allow for
lower-income housing developments.
Responsibility: Community Development Department, Planning Services Division;
Planning Commission; City Council
Funding: Departmental budget and other funding sources as available
Schedule: Complete draft policy by June 30, 2020
Page 60 of 193
95 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
3c:Explore other policies and regulations that facilitate new infill housing
development.Produce report with recommendations and present to Planning
Commission and City Council. Possible areas of research include, but are not limited to,
the following:
x Temporary housing options.
x Low Impact Development offsite mitigation.
x Community benefit zoning.
Responsibility: Community Development Department, Planning Services Division;
Planning Commission; City Council
Funding:Departmental budget
Schedule:Complete draft report by June 30, 2026
3d:Facilitate improvements to permit processing to streamline housing development.
x Continue to work on improving processing procedures and by June 30, 2021 develop a
brochure to guide developers through City processes.
x Continue to offer a pre-application conference with project applicants to identify issues
and concerns prior to application submittal.
Responsibility: Community Development Department, Planning Services Division,
Building Services Division
Funding:Departmental budget
Schedule: Pre-application conferences ongoing; City processing procedures
brochure developed by June 30, 2021
3e:Continue to apply the CEQA infill exemption to streamline environmental review.
Responsibility: Community Development Department, Planning Services Division
Funding:Departmental budget
Schedule:Ongoing
3f:Review Site Development Permit and Use Permit Processes. Produce report for City
Council analyzing processes and making recommendations for how to revise processes
and/or Ukiah City Code such that project approval process is accelerated.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget
Page 61 of 193
96 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
Schedule: Report due to City Council by December 31, 2020; process and/or code
improvements to be implemented immediately thereafter.
Goal H-4
Promote well-planned and designed housing opportunities and projects for
all persons, regardless of race, gender, age, sexual orientation, marital
status, or national origin.
Policies to Support Goal H-4
Policy 4-1: Promote fair housing practices in the sale or rental of housing with regard to
race, color, national origin, ancestry, religion, disability/medical conditions, sex,
age, marital status, familial status, source of income, sexual orientation/gender
identify, or any other arbitrary factors.
Policy 4-2: Promote and facilitate community awareness of the City of Ukiah’s goals, tools,
available resources and programs for lower income households.
Implementing Programs
4a:Continue to collaborate with the Ukiah Police Department and property owners
and managers to keep housing safe. Support the Crime Prevention through
Environmental Design standards through continued referral of residential new
construction projects to the Ukiah Police Department.
Responsibility: Community Development Department, Planning Services Division,
Building Services Division; and Ukiah Police Department
Funding: General Funds
Schedule: Ongoing
4b:Continue to refer housing discrimination complaints to Legal Services of Northern
California, State Fair Employment and Housing Commission, and the U.S.
Department of Housing and Urban Development (HUD).
Responsibility: Community Development Department, Housing Services Division
Funding: Departmental budget
Schedule: Ongoing
4c:Develop project referral procedural for referral of all proposed General Plan
amendments to the appropriate military office for review and comment. Revise the
planning permit application form to include this step of referral.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget
Schedule: Develop referral procedure and revise planning permit application form by
December 31, 2019; implement on January 1, 2020.
Page 62 of 193
97 2019-2027 City of Ukiah Housing Element
Adopted October 23, 2019
Goal H-5 Provide support for future housing needs.
Policies to Support Goal H-5
Policy 5-1: Pursue annexation efforts that lead to an orderly expansion of growth, where
services are adequate for future residential development.
Policy 5-2: Continue to encourage and facilitate public participation in the formulation and
review of the City’s housing and development policies.
Policy 5-3: Assume a leadership role in the development of all types of housing in the
community.
Implementing Programs
5a:Maintain a housing resources webpage. Included on the webpage are resources such
as funding sources and programs, affordable housing developers, and a list of publicly
assisted housing providers.
Responsibility: Community Development Department, Housing Services Division
Funding: Departmental budget
Schedule: Updated regularly, as new and relevant information is available.
5b:Complete the update of the 2020 Sphere of Influence, Municipal Service Review,
and Ukiah 2040 General Plan. Include an annexation policy.
Responsibility: Community Development Department, Planning Services Division
Funding: Departmental budget, other funding as available
Schedule: 2020- Sphere of Influence and Municipal Service Review; 2021- Ukiah
2040 General Plan.
5c: Work collaboratively with stakeholder jurisdictions for opportunities to lessen or
remove development constraints, and update the housing plan accordingly.
Responsibility: Community Development Department, in conjunction with stakeholder
jurisdictions.
Funding: Departmental budget, other funding as available
Schedule: Ongoing, at least on an annual basis.
Page 63 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version ATTACHMENT 4
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
ARTICLE 3. REGULATIONS IN SINGLE-FAMILYLOW DENSITY RESIDENTIAL (R-1) DISTRICTS1
SECTION:
§9015 Purpose And Intent
§9016 Allowed Uses
§9017 Permitted Uses
§9018 Building Height Limits
§9019 Required Site Area
§9020 Required Yard Setbacks
§9021 Required Parking
§9022 Determination Of Appropriate Use
§9015 PURPOSE AND INTENT
The purpose of the regulations in the single-familylow 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 single-familylow 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:
A. The requirements of this subsection are applicable to all existing ADUs and JADUs as well as those proposed
after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein.
Existing ADUs or JADUs as of the date hereof inconsistent with the provisions listed herein shall be considered legal
nonconforming; provided, that they were legal at the time of their creation.
B. Pursuant to California Government Code 65852.2(a)(1)(C) and 65852.22(d) and (e), ADUs and JADUs shall be
deemed not to exceed the allowable density for the residential lot upon which an ADU or JADU is located, and ADUs
and JADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the
residential lot on which an ADU or JADU is located.
C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless
all requirements of the applicable zoning district and any other requirements of this code are met.
D. The accessory dwelling unit or JADU may be used for rental purposes. The minimum term of a lease for an
accessory dwelling unit or JADU shall be thirty (30) days.
E. The ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise
conveyed separate from the primary residence.
F. For development of an ADU or JADU, the applicant shall record a deed restriction, which shall run with the
land. A copy showing recordation with the Mendocino County Recorder shall be filed with the City, and shall include
both of the following:
1. A prohibition on the sale of the ADU or JADU separate from the sale of the primary residence, including a
statement that the deed restriction may be enforced against future purchaser s.
2. For a JADU only, a restriction on the size and attributes of the JADU that conforms with this section.
G. Accessory dwelling units may be attached to existing single-family or multiple-multifamily residences or
detached as separate structures. Accessory dwelling units shall incorporate the same or substantially similar
Page 64 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
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.
H. Junior accessory dwelling units are installed within a legally established bedroom within the existing walls of a
fully permitted single-family dwelling or proposed single-family dwelling. In the case of a legal, nonconforming
single-family dwelling unit, the applicant must demonstrate adequate septic capacity for the bedroom count, if the
dwelling uses a septic system, and utilize an existing, fully permitted bathroom. A separate entrance to the junior
accessory dwelling unit shall be provided. A junior accessory dwelling unit may include a full bathroom, or the
occupant(s) may use a full bathroom inside the remainder of the single-family dwelling. A junior accessory dwelling
unit shall contain an efficiency kitchen, which shall include a cooking facility for preparation and sanitation of food
with appliances (e.g., microwave, toaster oven, hot plate) and a food preparation counter and storage cabinets that are
of reasonable size in relation to the size of the JADU. The efficiency kitchen must be removed when the JADU use
ceases.
I. The maximum size of an accessory dwelling unit shall be one thousand two hundred (1,200) square feet. The
maximum size of a junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area. If the
bathroom is shared with the remainder of the single-family dwelling, it shall not be included in the square footage
calculation.
J. Parking:
1. Parking requirements for the ADU shall be one off-street space (independently accessible or tandem) for each
bedroom or ADU, whichever is less, in addition to the two (2) independently accessible parking spaces required
for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time
when on-site parking was not required, then only the parking space(s) for the ADU shall be required. No
off-street parking space shall be required for a JADU.
2. Off-street parking shall be permitted in setback areas in compliance with the definition of "off-street parking"
found in section 9278B of this code or through tandem parking.
3. Parking standards will not be imposed for an ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle located within one block of the ADU.
4. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU
or converted to an ADU, the City shall not require that those off-street parking spaces be replaced.
K. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic
service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall
be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be
required for ADUs that are contained within the existing space of a single-family or multifamily residence or
accessory structure as provided in sections 3731A and 3861B of this code, unless the ADU is constructed with a new
single-family home. ADUs shall not be required to provide fire sprinklers if they are not required for the primary
residence.
L. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of
applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including
connection fees that might otherwise be associated with the provision of those services. Junior accessory dwelling
units shall not be required to provide fire sprinklers if they are not required for the primary residence.
Page 65 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
M. The ADU or JADU shall comply with all applicable requirements of this code.
N. The maximum height for ADUs shall be eighteen feet (18'), except for attached ADUs, which shall have a
maximum height of thirty feet (30'), pursuant to section 9018 of this code. Taller units may be approved through the
use permit process.
O. The following yard setback requirements shall apply to ADUs:
1. Front Yard: The same as the existing primary residence, but no closer than five feet (5').
2. Side Yard Or Rear Yard, Single-Story Or Two-Story: Four feet (4').
3. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed
in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a
portion of an ADU.
P. The proposed ADUs shall have a separate front door, which, in the event of an attached unit, shall not be located
along the front of the existing single-family or multifamily residence unless it is not obviously visible from the street in
front of the residence.
Q. For a JADU, either the primary single-family residence or the JADU shall be occupied by the property owner.
Owner occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.
R. Any balcony, window or door of an ADU shall utilize techniques to lessen the privacy impacts onto adjacent
properties. These techniques may include use of obscured glazing, window placement above eye level, or locating
balconies, windows and doors toward the existing on-site primary residence. In addition, trees shall be planted and
maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring
property owners.
This requirement will not apply to an ADU that is contained within the existing space of a single-family or
multifamily residence or accessory structure.
S. Driveways accessing ADUs shall be set back a minimum of five feet (5') from any structure on an adjoining lot
that has a bedroom adjacent to the proposed driveway.
T. The minimum width of a driveway serving an ADU shall be twelve feet (12'), unless the City Fire Marshal
determines that adequate fire protection can be provided to the ADU even though the driveway has a width less than
twelve feet (12').
U. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit
process pursuant to Chapter 2, Article 20 of this division.
V. Applications for a building permit for an ADU or a JADU shall be considered ministerially without
discretionary review or a hearing within sixty (60) days after receiving the application if there is an existing primary
dwelling on the lot. If the permit application to create an ADU or a JADU is submitted with a permit application to
create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or
JADU until the City acts on the permit application to create the new single-family dwelling, but the application to
create the ADU or JADU shall be considered without discretionary review.
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 or and one JADU per lot with a proposed or existing single-family dwelling if all of the following
apply:
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
Page 66 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
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.
X. For the development of ADUs and JADUs described in subsection W of this section, no additional parking or
other development standards as set forth in subsections I, J, N through P, and R through U of this section shall be
applied except for building code requirements.
Y. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an
ADU or JADU, the correction of nonconforming zoning conditions. For purposes of this section, "nonconforming
zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
Accessory uses normally incidental to single-family residences.
Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the
facility being considered a family.
Fences:
A. Fences shall be limited to a maximum height of seven feet (7'). Fences exceeding seven feet (7') in height may
be erected subject to the securing of a use permit.
B. No fence shall be constructed and no hedge or other screen planting shall be grown or permitted to grow, to a
height exceeding three feet (3’) within ten feet (10’) from any property line abutting a street.
Home occupations (as defined in section 9278 of this chapter).
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:
A. 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.
B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and
policies.
C. Permits: All applicable building, site development, and encroachment permits associated with development of
residential property shall be secured prior to any on site construction.
Page 67 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
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 5.75 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 family child daycare home, which provides care for eight (8) or fewer children, including children under the age
of ten (10) years who reside at the home. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1168, §1,
adopted 2016; Ord. 1181, §5, adopted 2017; Ord. 1205, §5, adopted 2020)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.
Large family child daycare home for a minimum of seven (7) to fourteen (14) children inclusive, including children
under the age of ten (10) years who reside at the home.
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 5.75 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.
§9019 REQUIRED SITE AREA
A. Interior Lots: The required site area on interior lots in the R-1 zoning district is six thousand (6,000) net square
feet, and the required lot width is sixty feet (60’).
B. Corner Lots: The required site area for corner lots in the R-1 zoning district is seven thousand (7,000) net square
feet, and the required lot width is seventy feet (70’).
Page 68 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
C. Existing Development/Density: In existing development/density there is no minimum site area.
D. Nonconforming Lots: Development may occur on existing, nonconforming R-1 lots; a site development permit
is required for existing lots four thousand five hundred (4,500) square feet and greater and a use permit is required on
existing lots of less than four thousand five hundred (4,500) square feet. Minimum width in either case is forty feet
(40’).
§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: Twenty Fifteen feet (1520’) for residences and accessory structures, and thirty twenty-five feet (25’30’)
for garages and accessory structures.
B. Sides: Ten feet (10’) for residences and five feet (5’) for accessory structures.
C. Rear: Twenty Fifteen feet (1520’) for residences, and five feet (5’) for accessory structures.
D. Corner Lots: On corner lots, there shall be a front setback line of twenty fifteen feet (1520’) 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.
E. Yard Setbacks For Unique Circumstances:
1. Architectural Features: Cornices, eaves, canopies, and other similar architectural features for residential
structures and accessory structures exceeding one hundred twenty (120) square feet in area may extend up to two
feet (2’) into any required yard.
2. Swimming Pools: Swimming pools shall not be located in front yards, and no closer than five feet (5’) to any
rear or side property line.
3. Open Porches; Landing Places; Outside Stairways: Open porches, landing places or outside stairways may
extend into the required front yard setback provided a minimum of fifteen feet (15’) is maintained between the
stairway/landing place and the front property line. Open porches, landing places or outside stairways may extend
up to two feet (2’) into any required side yard, and six feet (6’) into any required rear yard. Such porches, landing
places, and outside stairways may be roofed, but shall not be enclosed with solid siding, glass, or screening
materials, or otherwise made a part of the habitable portion of the structure.
4. Trellises: Trellises providing entry into property are allowed to be located within the front yard setback
provided:
a. The trellis does not exceed a maximum height of ten feet (10’).
b. The trellis is not more than ten feet (10’) wide.
c. The trellis is not located in the public right of way.
d. The trellis does not obscure or block vehicular traffic lines of sight.
e. The trellis does not impede or block pedestrian circulation.
f. The trellis does not pose a threat to the public health and safety as determined by the city building
inspector.
Page 69 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
g. The trellis does not hinder the ability of the fire department from accessing the property with emergency
equipment and providing emergency services.
h. A building permit is secured for the construction of the trellis, if required by the city building inspector.
Depending upon the height, size, and scale of the trellis, engineering calculations may be required.
§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.
3. Accessory Dwelling Unit: Accessory dwelling units (ADUs) require one additional on-site independently
accessible parking space per ADU or per bedroom, whichever is less, except as provided in section 9016 of this
code.
43. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions
of section 9198 of this code.
two (2) on-site independently accessible spaces for each dwelling unit. Accessory dwelling units (ADUs) require one
additional on-site independently accessible parking space per ADU or per bedroom, whichever is less, except as
provided in section 9016 of this code. 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 cCity 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.
§90232 DETERMINATION OF APPROPRIATE USE
A. Whenever a use is not listed in this article 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;
Page 70 of 193
Ukiah City Code Division 9, Chapter 2, Article 3:
Markup Version
The Ukiah City Code is current through Ordinance 1208, passed November 4, 2020.
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.
Page 71 of 193
Ukiah City Code Division 9, Chapter 2, Article 4:
Markup Version
ATTACHMENT 5
ARTICLE 4. REGULATIONS IN MEDIUM DENSITY RESIDENTIAL (R-2) DISTRICTS
SECTION:
§9030 Purpose and Intent
§9031 Allowed Uses
§9032 Permitted Uses
§9033 Building Height Limits
§9034 Required Site Area
§9035 Required Yard Setbacks
§9036 Required Parking
§9037 Additional Requirements
§9038 Determination Ofof Appropriate Use
§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
townhomeses, multiple-family residential development, and duplexes. The maximum density is one to fourteen fifteen
(1415) 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).
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:
A. 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.
B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and
policies.
C. Permits: All applicable building, site development, and encroachment permits associated with development of
residential property shall be secured prior to any on site construction.
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., duplexes, condominiums, apartment houses, and rooming or boarding houses.
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 5.75 of this Chapter are permitted by
right.
Small family child daycare home (maximum clients – 6). (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003;
Ord. 1205, §6, adopted 2020)Small and large family child daycare homes.
Page 72 of 193
Ukiah City Code Division 9, Chapter 2, Article 4:
Markup Version
§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.
Large family child daycare home for a minimum of seven (7) to fourteen (14) children inclusive, including children
under the age of ten (10) years who reside at the home.
Multiple-family dwellings that do not comply with the design and development standards set forth in Article 5.75 of
this Chapter.
Outdoor sales establishment.
Parks, community gardens, and playgrounds.
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 (350’).
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. 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 net area and a minimum
width of seventy feet (70’) on corner lots.
B. For each family unit intended to occupy any building or group of buildings on such building site area, a
minimum of three thousand (3,000) square feet of net ar ea.
Page 73 of 193
Ukiah City Code Division 9, Chapter 2, Article 4:
Markup Version
C. A two (2) parcel land division is allowed for a duplex structure provided both parcels meet site area
requirements.
D. In existing density cases, there is no minimum site area. (Ord. 1001, §1, adopted 1998)
§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: Fifteen feet (15’) for dwellings and accessory structures, and twenty five feet (25’) for garages.
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: Ten feet (10’), except as provided in Section 9032 of this Article.
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: Fifteen feet (15’).
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’).
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 fifteen ten feet (15’10’) 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 buildings structures in any dwelling group shall be a minimum of ten feet (10’) for
single-story and multi-story structures and fifteen feet (15’) if one or more of the structures is taller than a
single-story.
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
The minimum parking required in Medium Density Residential (R-2) Districts shall be as follows:
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.
Page 74 of 193
Ukiah City Code Division 9, Chapter 2, Article 4:
Markup Version
3. Multiple-Family Dwelling: One (1) on-site parking space per unit.
4. Accessory Dwelling Unit: Accessory dwelling units (ADUs) require one additional on-site independently
accessible parking space per ADU or per bedroom, whichever is less, except as provided in section 9016 of this
code.
5. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions
of sSection 9198 of this cCode.
A. Single-family dwellings: two (2) on-site independently accessible parking spaces for each dwelling unit.
B. Duplexes: two (2) on-site independently accessible parking spaces per unit.
C. Multiple-family dwellings and condominiums: one on-site independently accessible parking space for one
bedroom units; two (2) on-site independently accessible parking spaces for two (2) or more bedrooms per unit.
D. All other allowed or permitted uses shall be subject to the parking requirements contained in Section 9198 of
this Chapter.
BE. 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).
CF. 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.
DG. All driveways on corner lots shall be located a minimum distance of twenty feet (20’) from the curb return.
EH. 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..
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.
BC. All development projects that are not applicablemultiple-family residential projects, or that do not comply
with the design and development standards set forth in Article 5.75 of this Chapter) for multiple-family projects, and
require a discretionary review in the in the R-2 Zoning District requiring 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.
Page 75 of 193
Ukiah City Code Division 9, Chapter 2, Article 4:
Markup Version
1. All proposed landscaping plans shall comply with the following standards:
a. Landscaping shall be proportional to the building elevations.
ba. 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.
db. 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.
ec. 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.
fd. Parking lots shall have a perimeter planting strip with both trees and shrubs.
ge. 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.
hf. 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.
gi. 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.
jh. Landscaping plans shall include an automatic irrigation system and lighting plan.
ki. All required landscaping for residential development projects shall be adequately maintained.
lj. All healthy existing mature trees on development project sites shall be preserved and incorporated into the
proposed landscaping plan, if feasible.
mk. 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.
§9038 DETERMINATION OF APPROPRIATE USE
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-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 R-2 Zoning District;
B. That the use would not be detrimental to the continuing residential development of the area in which the use
would be located; and
C. That the use would be in harmony and consistent with the purpose of the R-2 Zoning District.
Page 76 of 193
Ukiah City Code Division 9, Chapter 2, Article 4:
Markup Version
D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the
securing of a use permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the
uses listed as allowed uses.
Page 77 of 193
Ukiah City Code Division 9, Chapter 2, Article 5:
Markup Version ATTACHMENT 6
ARTICLE 5. REGULATIONS IN HIGH DENSITY RESIDENTIAL (R-3) DISTRICTS
SECTION:
§9045 Purpose And Intent
§9046 Allowed Uses
§9047 Permitted Uses
§9048 Building Height Limits
§9049 Required Site Area
§9050 Required Yard Setbacks
§9051 Required Parking
§9052 Additional Requirements
§9053 Determination Of Appropriate Use
§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).
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:
A. 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.
B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and
policies.
C. Permits: All applicable building, site development, and encroachment permits associated with development of
residential property shall be secured prior to any on site construction.
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.
duplexes, condominiums, apartment houses, and rooming or boarding houses.
Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments, 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 5.75 of this Chapter are permitted by right.
Page 78 of 193
Ukiah City Code Division 9, Chapter 2, Article 5:
Markup Version
Small family child daycare home, which provides care for eight (8) or fewer children, including children under the age
of ten (10) years who reside at the home. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §7,
adopted 2020)Small and large family child 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 5.75 of this
Chapter..
Nursery schools and large family child daycare homes for a minimum of seven (7) to fourteen (14) children inclusive,
including children under the age of ten (10) years who reside at the home.
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 forty fifty feet (40’50’), unless abutting an R-1 or R-2 lot in which
case a maximum height of thirty-five feet (30’35’).
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
In High Density Residential (R-3) Districts the required building site area 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 area and a minimum
width of seventy feet (70’) on corner lots.In High Density Residential (R-3) Districts there is no required building site
area.
B. For each family unit intended to occupy any building or group of buildings on such building site area there shall
be at least one thousand five hundred (1,500) square feet of site area.
Page 79 of 193
Ukiah City Code Division 9, Chapter 2, Article 5:
Markup Version
BC. The required building site fFor each mobile home park shall be a minimum of two (2) acres.
§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: Fifteen feet (15’) for dwellings and accessory structures, and twenty five feet (25’) for garages.
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..except as provided in Section 9032 of this Chapter.
C. Rear: Ten feet (10’).
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 fifteen ten feet (15’10’) 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 buildings structures in any dwelling group shall be a minimum of ten feet (10’). for
single-story structures and fifteen feet (15’) if one or more of the structures is taller than a single -story.
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
The minimum parking required in High Density Residential (R-3) Districts shall be as follows:
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. Accessory Dwelling Unit: Accessory dwelling units (ADUs) require one additional on-site independently
accessible parking space per ADU or per bedroom, whichever is less, except as provided in section 9016 of this
code.
5. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions
of section 9198 of this cCode.
Page 80 of 193
Ukiah City Code Division 9, Chapter 2, Article 5:
Markup Version
A. Single-family dwellings: two (2) on-site independently accessible parking spaces for each dwelling unit.
B. Duplexes: two (2) on-site independently accessible parking spaces per unit.
C. Multiple-family dwellings and condominiums: one on-site independently accessible parking space for one
bedroom units; two (2) on-site independently accessible parking spaces for two (2) or more bedrooms per unit.
D. All other allowed or permitted uses shall be subject to the parking requirements contained in Section 9198 of
this Chapter.
EB. 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).
CF. 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.
DG. All driveways on corner lots shall be located a minimum distance of twenty feet (20’) from the curb return.
EH. 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.
BC. All development projects that are not multiple-family residential projects, applicable or do not comply with
the design and development standards in Article 5.75 of this Chapter , and that require discretionary review, in thein
the R-3 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.
1. All proposed landscaping plans shall comply with the following standards:
a. Landscaping shall be proportional to the building elevations.
ba. 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.
Page 81 of 193
Ukiah City Code Division 9, Chapter 2, Article 5:
Markup Version
db. Deciduous trees shall constitute the majorityfifty-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.
ec. 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.
fd. Parking lots shall have a perimeter planting strip with both trees and shrubs.
ge. 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.
hf. 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.
gi. 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 as determined
the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live
plantings.
hj. Landscaping plans shall include an automatic irrigation system and lighting plan.
ik. All required landscaping for commercial development projects shall be adequately maintained.
jl. All healthy existing mature trees on development project sites shall be preserved and incorporated into the
proposed landscaping plan, if feasible.
km. 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.
§9053 DETERMINATION OF APPROPRIATE USE
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 R-3
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 R-3 Zoning District;
B. That the use would not be detrimental to the continuing residential development of the area in which the use
would be located; and
C. That the use would be in harmony and consistent with the purpose of the R-3 Zoning District.
D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the
securing of a use permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the
uses listed as allowed uses.
Page 82 of 193
Ukiah City Code Division 6, Chapter 2, Article 2:
Markup Version ATTACHMENT 7
ARTICLE 6. REGULATIONS IN NEIGHBORHOOD COMMERCIAL (C-N) DISTRICTS
SECTION:
§9060 Purpose And Intent
§9061 Uses Allowed
§9062 Uses Permitted With Securing Of A Use Permit
§9063 Building Height Limits
§9064 Building Site And Lot Area Requirements
§9065 Front Setback Lines
§9066 Yard Requirements
§9067 Parking Requirements
§9067.5 Lot Coverage
§9068 Additional Requirements
§9069 Determination Of Appropriate Use
§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 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 5.75 of this Chapter are permitted by
right.
Small homeless facilitiesEmergency shelters, small.
Page 83 of 193
Ukiah City Code Division 6, Chapter 2, Article 2:
Markup Version
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.
Large homeless facilitiesEmergency shelters, large.
Medical care facility or hospital.
Multiple-family dwellings that do not comply with the design and development standards set forth in Article 5.75 of
this Chapter.
Personal service establishment.
Places of religious worship, assembly or instruction.
Public or private schools.
Rental dwelling units, when combined in a mixed development with any allowed or permitted use(s).
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 (350’).
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.
Page 84 of 193
Ukiah City Code Division 6, Chapter 2, Article 2:
Markup Version
BC. Existing lots as of the date of ordinance 1006, under seven thousand (7,000) square feet are considered legal
building sites.
CD. 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 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:
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 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 feet (10’) for
two (2) 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’), except in cases where fifty percent (50%) of
one side of the block is already built out, the average (median) setback shall apply. (Ord. 1006, §1, adopted 1998).
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.
Page 85 of 193
Ukiah City Code Division 6, Chapter 2, Article 2:
Markup Version
A. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300)
square feet of gross leasable space.
B. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350)
square feet of gross floor area.
C. 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.
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 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.
4. Accessory Dwelling Unit: Accessory dwelling units (ADUs) require one additional on-site independently
accessible parking space per ADU or per bedroom, whichever is less, except as provided in section 9016 of this
code.
EC. Other Uses: All other uses are subject to the provisions contained in Article 17 of this Chapter.
FD. 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.
GE. 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.
§9067.5 LOT COVERAGE
The maximum lot coverage shall be forty sixty percent (4060%) 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. Second-story development shall be designed to preserve the privacy of adjoining property owners.
CB. 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.
Page 86 of 193
Ukiah City Code Division 6, Chapter 2, Article 2:
Markup Version
2.Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and
policies.
1. 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 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 of application filing.
1. All proposed landscaping plans shall comply with the following standards:
a. Landscaping shall be proportional to the building elevations.
ab. 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.
bd. Deciduous trees shall constitute 51 percent (51%) 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.
ce. 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.
df. Parking lots shall have a perimeter planting strip with both trees and shrubs.
eg. 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.
fh. 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.
gi. 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 as determined
by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live
plantings.
hj. Landscaping plans shall include an automatic irrigation system and lighting plan.
ik. All required landscaping for commercial development projects shall be adequately maintained in a viable
condition.
jl. 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.
Page 87 of 193
Ukiah City Code Division 6, Chapter 2, Article 2:
Markup Version
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.
§9069 DETERMINATION OF APPROPRIATE USE
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 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-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.
Page 88 of 193
Ukiah City Code Division 9, Chapter 2, Article 7:
Markup Version ATTACHMENT 8
ARTICLE 7. REGULATIONS IN COMMUNITY COMMERCIAL (C-1) DISTRICTS
SECTION:
§9080 Purpose And Intent
§9081 Allowed Uses
§9082 Permitted Uses
§9083 Building Height Limits
§9084 Building Site Area Required
§9085 Required Yard Setbacks
§9086 Required Parking
§9087 Additional Requirements
§9088 Determination Of Appropriate Use
§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, 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.
§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 Section 9016 of this codeCode.
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.
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 5.75 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 family child daycare home, which provides care for eight (8) or fewer children, including children under the age
of ten (10) years who reside at the home.Small and large family child daycare homes.
Page 89 of 193
Ukiah City Code Division 9, Chapter 2, Article 7:
Markup Version
Small homeless facilities, pursuant to section 9171 of this chapter. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1,
adopted 2003; Ord. 1205, §9, adopted 2020)Emergency shelters, small.
§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.
Cannabis nursery.
Cannabis retailer.
Cannabis testing laboratory.
Community care facility for more than six (6) persons, but not more than twelve (12) persons.
Large family child daycare home for a minimum of seven (7) to fourteen (14) children inclusive, including children
under the age of ten (10) years who reside at the home.
Large homeless facility, pursuant to section 9171 of this chapter.Emergency shelters, large.
Machine shop.
Mini/convenience storage.
Mixed residential and commercial land uses on one parcel provided they are found to be compatible.
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.
Page 90 of 193
Ukiah City Code Division 9, Chapter 2, Article 7:
Markup Version
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.duplex, multiple-family residential units, and mobile home park.
Multiple-family dwellings that do not comply with the design and development standards in Article 5.75 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’).
§9084 BUILDING SITE AREA REQUIRED
No minimum building site area except for residential development which shall be as follows:
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.
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 area and a minimum
width of seventy feet (70’) on corner lots.
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. The total number of residential units allowed in mixed use projects may be
based on an average of one unit per one thousand five hundred (1,500) square feet over the entire project site including
the portion devoted to commercial uses.
C. For each mobile home park a minimum of two (2) acres. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted
2008)
§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:
Page 91 of 193
Ukiah City Code Division 9, Chapter 2, Article 7:
Markup Version
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.
A. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300)
square feet of gross leasable floor area.
B. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350)
square feet of gross leasable floor area.
C. Commercial Recreation And Public Assembly: One parking space for each four (4) person capacity.
D. 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.
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.
BF. 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.
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. Accessory Dwelling Unit: Accessory dwelling units (ADUs) require one additional on-site independently
accessible parking space per ADU or per bedroom, whichever is less, except as provided in section 9016 of this
code.
DG. Other Uses: All other uses are subject to the provisions contained in article Article 17 of this chapterChapter.
EH. 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:
Page 92 of 193
Ukiah City Code Division 9, Chapter 2, Article 7:
Markup Version
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
Chapterr.
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.Second story development shall be designed to preserve the privacy of adjoining property owners.
C. Repealed.
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 applicablemultiple-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, 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.
ab. 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.
bd. Deciduous trees shall constitute 51 percent (51%) 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.
ce. 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.
df. Parking lots shall have a perimeter planting strip with both trees and shrubs.
Page 93 of 193
Ukiah City Code Division 9, Chapter 2, Article 7:
Markup Version
eg. 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.
fh. 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.
gi. 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, such coverage would be unreasonable as determined
by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live
plantings.
hj. Landscaping plans shall include an automatic irrigation system and lighting plan.
ik. All required landscaping for commercial development projects shall be adequately maintained in a viable
condition.
jl. 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.
§9088 DETERMINATION OF APPROPRIATE USE
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.
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.
Page 94 of 193
Ukiah City Code Division 9, Chapter 2, Article 8:
Markup Version
ATTACHMENT 9
ARTICLE 8. REGULATIONS IN HEAVY COMMERCIAL (C-2) DISTRICTS
SECTION:
§9095 Purpose And Intent
§9096 Allowed Uses
§9097 Permitted Uses
§9098 Building Height Limits
§9099 Yards Required
§9100 Parking Required
§9101 Additional Requirements
§9102 Determination Of Appropriate Use
§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:
Accessory uses to any allowed or permitted 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.
Business service.
Cabinet shop, sign shop, and machine shop.
Construction sales and service.
Equipment repair shop.
Farm equipment sales and feed stores.
Kennel, pet shop, and pet services.
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 5.75 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.
Page 95 of 193
Ukiah City Code Division 9, Chapter 2, Article 8:
Markup Version
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:
Cannabis cultivation – Large indoor.
Cannabis cultivation – Large mixed light.
Cannabis cultivation – Medium indoor.
Cannabis cultivation – Medium mixed light.
Cannabis cultivation – Small indoor.
Cannabis cultivation – Small mixed light
Cannabis cultivation – Specialty cottage.
Cannabis cultivation – Specialty indoor.
Cannabis cultivation – Specialty mixed light.
Cannabis distribution.
Cannabis manufacturing – Level 1.
Cannabis microbusiness.
Cannabis nursery.
Cannabis retailer.
Cannabis testing laboratory.
Establishment, maintenance, operation and removal of circuses, carnivals, amusement parks, open air theaters, or
other similar temporary establishments involving large assemblages of people.
Hotels, motels, and bed and breakfast establishments.
Light industrial and manufacturing uses.
Mixed residential and commercial land uses on one parcel provided they are found to be compatible.
Mobile home parks.
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 5.75 of this Chapter.
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:
Page 96 of 193
Ukiah City Code Division 9, Chapter 2, Article 8:
Markup Version
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.
Parks, playgrounds, community gardens, and other recreational uses.
Public and quasi-public buildings, structures and uses.
Resident manager/security personnel housing.
Retail stores, restaurants, and professional offices.
Temporary uses complying with the purpose and intent of this 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.
Warehousing and distribution (general).
§9098 BUILDING HEIGHT LIMITS
The maximum height of any building in a C-2 district shall be as follows:
A. Forty Fifty feet (40’50’) for primary buildings.
B. Twenty Thirty feet (20’30’) 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.
Page 97 of 193
Ukiah City Code Division 9, Chapter 2, Article 8:
Markup Version
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 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.
A. Wholesale Stores: One parking space for each four hundred (400) square feet of gross leasable space.
B. 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.
C. 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.
D. 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.
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 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. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300)
square feet of gross leasable floor area.
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.
GC. Other Uses: All other uses are subject to the provisions contained in article 17 of this chapter.
HD. 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 chapterChapter, 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. Second story development shall be designed to preserve the privacy of adjoining property owners.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
Page 98 of 193
Ukiah City Code Division 9, Chapter 2, Article 8:
Markup Version
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. Repealed.
DC. 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 theAll development projects in the C-2 zoning district requiring discretionary review 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. Landscaping shall be proportional to the building elevations.
ab. 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.
bd. Deciduous trees shall constitute 51 percent (51%) 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.
ce. 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.
df. Parking lots shall have a perimeter planting strip with both trees and shrubs.
eg. 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.
fh. 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.
gi. 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 as determined
by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live
plantings.
hj. Landscaping plans shall include an automatic irrigation system and lighting plan.
ik. All required landscaping for commercial development projects shall be adequately maintained in a viable
condition.
jl. 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.
Page 99 of 193
Ukiah City Code Division 9, Chapter 2, Article 8:
Markup Version
ED. No fence shall be constructed over three feet (3’) in height in any required front yard setback area.
FE. 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.
§9102 DETERMINATION OF APPROPRIATE USE
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 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.
Page 100 of 193
ATTACHMENT 10
1
CHAPTER 2
ZONING
ARTICLE 20. ADMINISTRATION AND PROCEDURES
SECTION:
§9260: Purpose
§9261: Discretionary Planning Permits
§9262: Use Permit Procedures
§9263: Site Development Permit Procedures
§9264: Variance Procedures
§9265: Zoning Text Amendments; Rezoning
§9266: Appeals
§9267: Prezoning
§9268: Zoning Administrator
§9260 PURPOSE
The purpose of this Article is to establish the development permit and rezoning/prezoning
processing procedures, and to establish the process and legal procedures associated with the
enforcement of the provisions of this Chapter. Additionally, this Article establishes the office of the
Zoning Administrator.
§9261 DISCRETIONARY PLANNING PERMITS
The City’s discretionary planning permits include use permits, site development permits, and
variances.
A. Use Permits: A use permit is an entitlement that permits a certain use of land in a zoning
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:
Page 101 of 193
2
1.Multiple-family residential projects that comply with all the design and development
standards in Article 5.75 of this Chapter are exempt; or
21. 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
32. The project involves minor facade modifications that would not significantly change
the architectural character or appearance of the structure.
The detailed provisions for site development permits are contained in Section 9263 of
this Article.
C. Variance Permits: A variance is a permit to deviate from the terms of the Zoning Ordinance.
It provides relief from specific site development regulations. It is provided for because there are
individual lots which, due to some unusual characteristic, cannot be put to productive use if all
detailed regulations (e.g., yard setbacks, height) are strictly applied. Variances are not issued for
land uses ("use variance") or relief of lot size requirements. The detailed provisions for variances
are contained in Section 9264 of this Article.
D. Major And Minor Use Permits, Site Development Permits, And Variances: At the time of
application submittal, the Planning Director or assigned designee shall determine if the proposed
project constitutes a major or minor use permit, site development permit, or variance. The
Planning Director or assigned designee shall be guided by the following criteria when determining
whether a discretionary planning permit is major or minor:
1.In the C-1, C-2, and M Zoning Districts, facade improvements, small
additions/expansions of more than one hundred fifty (150) square feet, but less than one
thousand (1,000) square feet to existing structures, minor amendments to previously
approved permits, and changes in use of existing structure(s) that do not require
additional parking, and will not generate substantial amounts of additional traffic, noise,
or other potential nuisances shall be considered minor in nature. Additions of one
thousand (1,000) square feet or more shall be considered major discretionary projects.
In the R-2, R-3, and C-N Zoning Districts, additions of six hundred forty (640) or more
square feet shall be considered major discretionary projects.
In the C-N (Neighborhood Commercial) Zoning District, a use permit is required to
exceed the maximum thirty percent (30%) floor area ratio standard. A proposal to
exceed this standard by less than ten percent (10%) is considered a minor use permit.
2.New construction on vacant parcels, large additions/expansions to existing buildings,
substantial amendments to previously approved permits, and changes in use of existing
structure(s) that would require an expansion of an existing parking facility, or that could
Page 102 of 193
3
generate substantial amounts of additional traffic, noise, or other nuisances shall be
considered a major permit.
3.Minor variance applications are those seeking less than fifty percent (50%) relief from
a yard setback requirement in a particular zoning district, or a height of less than five
feet (5’) over what is allowed in a particular zoning district.
4.Other small and relatively insignificant applications as determined by the Planning
Director shall be considered minor.
E. Use Or Project Not Established: Whenever in this Article a permit is subject to revocation
because the use or project for which the permit was issued is not established within required time
limits, "not established" shall mean that the permittee has not taken substantial steps and has not
incurred substantial expense to construct, complete and commence the use for which the permit
was issued, and is not diligently completing the project and commencing the use for which the
permit was issued.
§9262 USE PERMIT PROCEDURES
Use permit application and processing procedures shall be as follows:
A. General: Use permits shall be issued as provided in this Chapter only for land uses or
purposes for which such permits are required. The Zoning Administrator or Planning Commission
shall conduct a public hearing and decide all applications for use permits required by this
Chapter. If the Planning Director determines that the use permit application is minor in nature, it
shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director
determines that the use permit application is major, it shall be scheduled for consideration by the
Planning Commission for public hearing and action.
Projects requiring a use permit for new construction or exterior modifications need not
have a separate site development permit. Site development review, criteria, and findings
shall be incorporated into the use permit process.
B. Application Filing And Submittal Requirements: Applications for use permits shall be filed
with the City Planning Department and shall be accompanied by a plot plan sufficient to show the
details of the proposed use or building, as well as surrounding land uses, and any other project
related information deemed necessary by the Planning Director. Application fees shall be
established from time to time by resolution of the City Council adopted in accordance with the
procedures required by law. The payment of the established fee shall be made at the time of
application submittal.
C. Public Noticing Requirements: The City shall follow the public noticing procedures of the
California Government Code. Failure of any person to receive mailed notice or failure to post
notice shall not invalidate any proceedings conducted by the decision-making body. Unless in
Page 103 of 193
4
conflict with the notice requirements of the Government Code, notices of public hearings on
applications for use permits shall be given at least ten (10) days prior thereto, by the following
manner:
1.Publication in a newspaper of general circulation in the City.
2.Notice by mail, using addresses from the latest equalized assessment roll, to all
owners of property within a three hundred foot (300’) distance of any boundary of the
subject property, and to the project applicant or agent, as well as to the property owner
of record.
3.Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each
local agency expected to provide essential facilities and services which may be
significantly affected.
4.The subject property shall be posted in three (3) locations ten (10) days prior to the
public hearing.
D. Action On Use Permits: All applications for use permits shall be considered and acted upon
by either the Zoning Administrator or the Planning Commission.
1.The Zoning Administrator shall review, conduct public hearings, and decide upon all
minor use permit applications.
2.Appeals of the Zoning Administrator actions shall be heard by the City Council for a
final decision.
3.The Planning Commission shall review, conduct public hearings, and decide upon all
major use permit applications.
4.Appeals of the Planning Commission actions shall be heard by the City Council for a
final decision.
5.At the discretion of the Planning Director, any use permit application may be
scheduled for consideration and decision-making by the Planning Commission.
6.Any use permit application which is reviewed by the Zoning Administrator or the
Planning Commission may be approved, conditionally approved, or denied.
E. Findings: Findings are required to grant a use permit.
1.The Zoning Administrator or the Planning Commission, on the basis of the evidence
submitted at the hearing, may grant use permits required by the provisions of this Article
whenever findings of fact support the following determinations:
Page 104 of 193
5
a.The proposed land use is consistent with the provisions of this Title as well as
the goals and policies of the City General Plan.
b.The proposed land use is compatible with surrounding land uses and shall not
be detrimental to the public’s health, safety and general welfare.
2.The findings shall not be vague and conclusionary. The findings shall be sufficiently
detailed to apprise a reviewing court of the basis for the action by bridging the gap
between the evidence and the decision-maker’s conclusions, and shall be based upon
evidence contained in the administrative record.
F. Conditions Of Approval: Conditions of project approval may be imposed on use permit
applications.
1.In approving a use permit, the Zoning Administrator or Planning Commission may
include such conditions as are deemed reasonable and necessary to preserve the
integrity and character of the zoning district and the General Plan. Such conditions shall
promote the safe and orderly use of the property, and assure compatibility with
surrounding land uses. Nothing in this Chapter shall be construed to limit the discretion
or the authority of the Zoning Administrator or Planning Commission to require
conditions, provided the conditions constitute a lawful exercise of the police power and
not a taking of private property under the Fifth Amendment of the United States
Constitution.
2.The Zoning Administrator or Planning Commission may condition a use permit to
prohibit the occupancy of a building, structure, or land use until an inspection has been
made which finds that the building, structure, or land use complies with all conditions
specifically required to be completed prior to occupancy. If a use permit is so
conditioned, the Zoning Administrator or Planning Commission shall notify the City
Building Official of such conditions. If a building permit is issued for a building or
structure which is subject to a use permit so conditioned, the Building Official shall not
approve a final inspection of such building or structure until the conditions have been
met; provided, however, that responsibility for assuring applicant compliance with the
provisions of the use permit remains with the Planning Director. The Planning
Commission or the Zoning Administrator may also require conditions be completed prior
to the issuance of building permits.
G. Effective Date: The use permit shall be deemed legally in effect when the appeal period has
lapsed, unless a timely appeal is properly filed. If an appeal is filed, the use permit shall become
effective upon final approval by the City Council. This date shall be so noted in the official use
permit application file and shall also be noted upon the issued use permit and/or approval
confirmation letter.
Page 105 of 193
6
H. Expiration And Revocation: The following provisions detail the use permit expiration and
revocation process:
1.Revocation: An approved use permit may be revoked through the City’s revocation
process if the use for which the use permit was granted is not being conducted in
compliance with the use permit as conditioned, or:
a.If any land use for which a use permit has been granted and issued is not
established within two (2) years of the use permit’s effective date; or
b.If the established land use for which the permit was granted has ceased or has
been suspended for twenty four (24) consecutive months.
2.Procedure: If a use permit is subject to revocation under subsection H1 of this
Section, the City shall follow the procedures set forth herein.
a.Notice: Notice of a hearing before the Planning Commission shall be provided in
accordance with subsection C of this Section.
b.Hearing: The Planning Commission shall conduct a public hearing to determine
whether the permit shall be revoked and shall make findings that comply with
subsection E2 of this Section.
c.Appeal: The Planning Commission decision shall be subject to appeal in
accordance with Section 9266 of this Article.
3.New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant
to subsection H1a or H1b of this Section, from applying for a new permit in accordance
with the procedures for new applications.
I. Renewal: Use permits may be renewed for an additional period not to exceed one year
provided, if an application for renewal is filed with the Planning Department prior to the expiration
of the permit. The application shall consist of a detailed letter explaining the reason(s) for the
request. The Planning Director shall grant or deny an application to renew a use permit, and shall
provide an explanation of his decision, in writing, to the applicant. The Planning Director’s
decision to approve a renewal shall generally be based upon a determination that all the
circumstances associated with the original approval are substantially the same at the time of the
renewal application. An appeal of the Planning Director’s decision may be made to the City
Council for a final decision. Any such appeal must comply with the requirements of Section 9266
of this Article.
§9263 SITE DEVELOPMENT PERMIT PROCEDURES
Page 106 of 193
7
The following regulations govern the submittal, review, and processing of site development
permits:
A. General: Site development permits shall be issued as provided in this chapter only for site
development projects for which such permits are required. The Design Review Board shall review
and make recommendations to the Zoning Administrator, Planning Commission and City Council
on site development permit applications, planned development applications and precise
development plans. The Zoning Administrator or Planning Commission shall conduct a public
hearing and decide all applications for site development permits required by this chapter. If the
Planning Director determines that the site development permit application is minor in nature, it
shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director
determines that the site development permit application is major, it shall be referred to the
Planning Commission for public hearing and action.
B. Application Filing And Submittal Requirements: All applications for site development permits
shall include the following information:
1.A detailed site plan sufficient to fully illustrate the proposed project and adjoining land
uses.
2.Elevation drawings of all proposed structures.
3.Details of all proposed signs.
4.A landscaping plan detailing all new and existing landscaping to be incorporated into
the design of the project.
5.A floor plan of the proposed structure.
6.A parking plan.
7.Any other project-related information requested by the Planning Director.
8.The actual application form and filing fee, which shall be established from time to time
by resolution adopted by the City Council in accordance with such procedures as
required by law.
C. Public Noticing Requirements For Zoning Administrator And Planning Commission Meetings:
Failure of any person to receive mailed notice or failure to post notice shall not invalidate any
proceedings conducted by the decision-making body. Notices of public hearings on applications
for site development permits shall be given at least ten (10) days prior thereto, by the following
manner:
1.Publication in a newspaper of general circulation in the City.
Page 107 of 193
8
2.Notices shall be mailed, using addresses from the latest equalized assessment roll, to
all owners of property within a three hundred foot (300') distance of any boundary of the
subject property, and to the project applicant or agent, as well as to the property owner
of record.
3.Notice shall also be mailed or delivered at least ten (10) days prior to the hearing to
each local agency expected to provide essential facilities and services which may be
significantly affected.
4.The subject property shall also be posted in three (3) locations ten (10) days prior to
the public hearing.
D. Action On Site Development Permits: All applications for site development permits shall be
considered and acted upon by either the Zoning Administrator or the Planning Commission.
1.The Zoning Administrator shall review, conduct public hearings, and decide upon all
minor site development permit applications.
2.Appeals of the Zoning Administrator actions shall be heard by the City Council for a
final decision.
3.The Planning Commission shall review, conduct public hearings, and decide upon all
major site development permit applications.
4.Appeals of the Planning Commission actions shall be heard by the City Council for a
final decision.
5.At the discretion of the Planning Director, any site development permit application
may be directed to the Planning Commission for consideration and decision-making
action.
6.Any site development permit application which is reviewed by the Zoning
Administrator or the Planning Commission may be approved, conditionally approved, or
denied.
E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when
acting to approve site development permit applications. The findings shall not be vague and
conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis
of the action by bridging the gap between the evidence and the decision-maker’s conclusions,
and shall be based upon evidence contained in the administrative record. Failure to make
findings that support the following determinations shall result in a denial of the site development
permit application:
Page 108 of 193
9
1.The proposal is consistent with the goals, objectives, and policies of the City General
Plan.
2.The location, size, and intensity of the proposed project will not create a hazardous or
inconvenient vehicular or pedestrian traffic pattern.
3.The accessibility of off-street parking areas and the relation of parking areas with
respect to traffic on adjacent streets will not create a hazardous or inconvenient
condition to adjacent or surrounding uses.
4.Sufficient landscaped areas have been reserved for purposes of separating or
screening the proposed structure(s) from the street and adjoining building sites, and
breaking up and screening large expanses of paved areas.
5.The proposed development will not restrict or cut out light and air on the property, or
on the property in the neighborhood; nor will it hinder the development or use of
buildings in the neighborhood, or impair the value thereof.
6.The improvement of any commercial or industrial structure will not have a substantial
detrimental impact on the character or value of an adjacent residential zoning district.
7.The proposed development will not excessively damage or destroy natural features,
including trees, shrubs, creeks, and the natural grade of the site.
8.There is sufficient variety, creativity, and articulation to the architecture and design of
the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external
appearance.
F. Conditions Of Approval: Conditions of project approval may be imposed on site development
permit applications.
1.In approving a site development permit, the Zoning Administrator or Planning
Commission may include such conditions as are deemed reasonable and necessary to
maintain or assure compliance with the standards/criteria listed in subsection E of this
section. Nothing in this section shall be construed to limit the discretion of the authority
of the Zoning Administrator or Planning Commission to require conditions.
2.The Zoning Administrator or Planning Commission may condition a site development
permit to prohibit occupancy of a project building until an inspection has been made
which finds that the project building, landscaping and other required improvements hav e
been completed, and the project complies with all conditions specifically required to be
completed prior to occupancy. If a site development permit is so conditioned, the
Planning Director shall notify the City Building Official of such conditions. If a building
Page 109 of 193
10
permit is issued for a building or structure which is subject to a site development permit
so conditioned, the Building Official shall not approve a final inspection of such building
or structure until the conditions have been satisfied. The Planning Commission or the
Zoning Administrator may also require conditions be completed prior to the issuance of
building permits.
G. Effective Date: The site development permit shall be deemed legally in effect when the
appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the
permit shall be deemed legally effective when finally approved by the City Council. This date shall
be so noted in the official site development permit application file and shall also be noted upon
the issued site development permit and/or approval confirmation letter.
H. Expiration And Revocation: The following provisions detail the site development permit
expiration and revocation process:
1.Revocation: An approved site development permit may be revoked through the City’s
revocation process if the site development project is not being conducted in compliance
with the site development permit, as conditioned, or:
a.If any project for which a site development permit has been granted and issued
is not established within two (2) years of the site development permit’s effective
date; or
b.If the established land use for which the permit was granted has ceased or has
been suspended for twenty-four (24) consecutive months.
2.Procedure: If a site development permit is subject to revocation under subsection H1
of this Section, the City shall follow the procedures set forth herein.
a.Notice: Notice of a hearing before the Planning Commission shall be provided in
accordance with subsection C of this section.
b.Hearing: The Planning Commission shall conduct a public hearing to determine
whether the permit shall be revoked and shall make findings that comply with
subsection E of this section.
c.Appeal: The Planning Commission decision shall be subject to appeal in
accordance with section 9266 of this code.
3.New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant
to subsection H1a or H1b of this section from applying for a new permit in accordance
with the procedures for new applications.
Page 110 of 193
11
I. Renewal: Site development permits may be renewed for an additional period not to exceed
one year provided, prior to the expiration of the permit, an application for renewal is filed with the
Planning Department. The application shall consist of a detailed letter explaining the reason(s) for
the request. The Planning Director shall grant or deny an application to renew a site development
permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning
Director’s decision to approve a renewal shall generally be based upon a determination that all
the circumstances associated with the original approval are substantially the same at the time of
the renewal application. An appeal of the Planning Director’s decision may be made to the City
Council for a final decision. Any such appeal must comply with the requirements of Section 9266
of this code.
§9264 VARIANCE PROCEDURES
Variance applications and processing procedures shall be as follows:
A. Application Filing And Submittal Requirements: Applications for variances shall be made to
the City Planning Department by filling out the required variance application form, and submitting
a detailed plot plan of the subject property, as well as surrounding land uses, elevation drawings,
and any other project-related information deemed necessary by the Planning Director. The
appropriate filing fee must also be paid at the time of application submittal.
B. Public Noticing Requirements: The City shall follow the public noticing procedures of the
California Government Code. Failure of any person to receive mailed notice or failure to post
notice shall not invalidate any proceedings conducted by the decision-making body. Unless in
conflict with the provisions of the Government Code, notices of public hearings on applications for
variances shall be given at least ten (10) days prior thereto, by the following manner:
1.Publication in a newspaper of general circulation in the City.
2.Notices shall be mailed, using addresses from the latest equalized assessment roll, to
all owners of property within a three hundred foot (300') distance of any boundary of the
subject property, and to the project applicant or agent, as well as to the property owner
of record.
3.Mailed or delivered at least ten (10) days prior to the hearing to each local agency
expected to provide essential facilities and services which may be significantly affected.
4.The subject property shall be posted in three (3) locations ten (10) days prior to the
public hearing.
C. Action On Variances: All applications for variances shall be considered and acted upon by
either the Zoning Administrator or the Planning Commission.
Page 111 of 193
12
1.The Zoning Administrator shall review, conduct public hearings, and decide upon all
minor variance applications.
2.Appeals of the Zoning Administrator actions shall be heard by the City Council for a
final decision.
3.The Planning Commission shall review, conduct public hearings, and decide upon all
major variance applications.
4.Appeals of the Planning Commission actions shall be heard by the City Council for a
final decision.
5.At the discretion of the Planning Director, any variance application may be directed to
the Planning Commission for consideration and decisi on-making action.
6.Any variance application which is reviewed by the Zoning Administrator or the
Planning Commission may be approved, conditionally approved, or denied.
D. Findings: Findings are required to grant a variance.
1.The Zoning Administrator or Planning Commission, on the basis of the evidence
submitted at the hearing, may grant variances from the requirements of this Chapter
when:
a.Because of special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, the strict application of this Article
deprives such property of privileges enjoyed by other property in the vicinity and
subject to identical zoning regulations.
b.The issuance of the variance would not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and subject to
identical zoning regulations.
c.The grant of the variance would not be detrimental to surrounding property
owners.
2.The findings shall not be vague and conclusionary. The findings shall be sufficiently
detailed to apprise a reviewing court of the basis for the action by bridging the gap
between the evidence and the decision-maker’s conclusions, and shall be based upon
evidence contained in the administrative record.
E. Conditions: Any variance granted may be subject to such conditions as will assure that the
adjustment authorized shall not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and subject to identical zoning regulations.
Page 112 of 193
13
F. Effective Date: The variance shall be deemed legally in effect when the appeal period has
lapsed, unless a timely appeal is properly filed. If such an appeal is filed, the variance shall be
deemed legally effective upon final approval by the City Council. This date shall be so noted in
the official variance permit application file and shall also be noted upon the issued variance
permit and/or approval confirmation letter.
G. Expiration And Revocation: The following provisions detail the variance expiration and
revocation process:
1.Revocation: An approved variance may be revoked through the City’s revocation
process if the variance project is not being conducted in compliance with the variance as
conditioned, or:
a.If any project for which a variance has been granted and issued is not
established within two (2) years of the variance’s effective date; or
b.If the structure for which the variance was granted is removed for a period of two
(2) years.
2.Procedure: If a variance is subject to revocation under subsection G1 of this Section,
the City shall follow the procedures set forth herein.
a.Notice: Notice of a hearing before the Planning Commission shall be provided in
accordance with subsection B of this Section.
b.Hearing: The Planning Commission shall conduct a public hearing to determine
whether the permit shall be revoked and shall make findings that comply with
subsection D of this Section.
c.Appeal: The Planning Commission decision shall be subject to appeal in
accordance with Section 9266 of this Article.
3.New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant
to subsection G1a or G1b of this Section from applying for a new permit in accordance
with the procedures for new applications.
H. Renewal: Variances may be renewed for an additional period not to exceed one year
provided, prior to the expiration of the variance, an application for renewal is filed with the
Planning Department. The application shall consist of a detailed letter explaining the reason(s) for
the request. The Planning Director shall grant or deny an application to renew a variance, and
shall provide an explanation of his decision, in writing, to the applicant. The Planning Director’s
decision to approve a renewal shall generally be based upon a determination that all the
circumstances associated with the original approval are substantially the same at the time of the
Page 113 of 193
14
renewal application. An appeal of the Planning Director’s decision may be made to the City
Council for a final decision. Any such appeal must comply with the requirements of Section 9266
of this Article.
§9265 ZONING TEXT AMENDMENTS; REZONING
The text of this Chapter, the boundaries of zoning districts, or planned development ordinances,
may be changed whenever the public necessity, convenience, and general welfare require such
amendment, or when corresponding changes are made to the City General Plan, by following the
procedures set forth in this Article.
A. Initiation Of Amendments: An amendment to the text or maps may be initiated by:
1.The verified petition of one or more owners of property affected by the proposed
amendment, which petition shall be filed with the Planning Department and be
accompanied by a fee, if any, that has been established from time to time by resolution
of the City Council.
2.A minute order action of intention of the City Council or Planning Commission.
3.Planning Department staff for compliance with the City General Plan, or public health,
safety, and general welfare.
B. Application Filing And Submittal Requirements: Applications for zoning text, district
boundary, and planned development ordinance amendments shall be filed with the City Planning
Department, and shall include a completed application form, filing fee, and any additional
information, studies, plans, or documentation which might assist the Planning Department in
better understanding the proposal or are requested by the Planning Director or his/her designee.
C. Public Noticing Requirements: Notices of public hearings on zoning text, district boundary,
and planned development ordinance amendment applications shall be publicly noticed according
to State law.
D. Action On Text Amendment, Rezoning Applications: The Planning Commission shall hold at
least one public hearing on any proposed Zoning Code text amendment and/or General Plan
amendment, and formulate a recommendation to the City Council.
The Planning Commission’s recommendation shall be advanced to the City Council for
consideration at the next available City Council meeting. The City Council shall conduct
a public hearing, duly noticed according to State law, prior to taking a final action on the
project.
Page 114 of 193
15
E. Findings: The City Council shall make findings supporting their action on zoning text, district,
and planned development ordinance amendment applications, if advised to do so by the City
Attorney. (Ord. 1002, §2, adopted 1998)
§9266 APPEALS
All determinations of the Zoning Administrator or the Planning Commission regarding minor
discretionary planning permits, shall be final unless a written appeal, stating the reasons for the
appeal, and the appeal fee, if any, established from time to time by City Council resolution, are
filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be
filed by an applicant or any interested party. An interested party may appeal only if he or she
appeared and stated his or her position during the hearing on the decision from which the appeal
is taken.
An appeal of the decision of the Zoning Administrator shall go to the City Council for a final
decision. Such an appeal must be made in writing stating the reasons for the appeal, must
include the appeal fee, if any, established from time to time by City Council resolution, and must
be filed with the City Clerk within ten (10) days of the date the decision was made. The Planning
Commission shall conduct a duly noticed public hearing on the appeal in accordance to the
applicable procedures as set forth in this Article. At the close of the public hearing, the City
Council may affirm, reverse, revise or modify the appealed decision of the Zoning Administrator.
All City Council decisions on appeals of the Zoning Administrator’s action are final for the City.
All determinations of the Planning Commission regarding major discretionary planning permits,
shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if
any, established from time to time by City Council resolution, are filed with the City Clerk, within
ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any
interested party. An interested party may appeal only if he or she appeared and stated his or her
position during the hearing on the decision from which the appeal is taken.
An appeal of the decision of the Planning Commission shall go to the City Council for a final
decision. The City Council shall conduct a duly noticed public hearing on the appeal in
accordance to the applicable procedures as set forth in this Article. At the close of the public
hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the
Planning Commission. All City Council decisions on appeals of the Planning Commission’s action
are final for the City. (Ord. 1002, §2, adopted 1998)
§9267 PREZONING
The City may prezone unincorporated territory adjoining the City for the purpose of determining
the zoning which will apply to such property in the event of subsequent annexation to the City.
A. Public Notice Requirements: Public notice of both the Planning Commission and City Council
hearings to prezone territory shall be published in a newspaper of general circulation published
Page 115 of 193
16
and circulated in the area to be prezoned, and if there is no such newspaper, the notice shall be
posted in at least three (3) public places in the area to be prezoned. Written notice of both the
Planning Commission and City Council hearings shall be mailed to the owners of the property
within a radius of three hundred feet (300’) of the exterior boundaries of the property which is the
subject of the application, using for such purpose the name and address of such owners as
shown upon the current assessment roll of the County. If the number of owners to whom notice
would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000),
the City, in lieu of mailed or delivered notice, may provide notice by placing a display
advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation in
the community at least ten (10) days prior to the hearing. Contents of the advertisement shall be
pursuant to the Government Code. The failure of any person to receive such notice shall not
invalidate the proceedings.
B. Action On Prezoning: The City Planning Commission shall conduct a public hearing to
consider a proposal for prezoning territory. The Commission shall formulate a recommendation to
the City Council. The City Council shall also conduct a public hearing to consider the prezoning
proposal, and shall render a decision accordingly.
C. Effective Date: The ordinance prezoning a territory shall become effective upon the effective
date of the ordinance or resolution annexing such territory to the City. (Ord. 1002, §2, adopted
1998)
§9268 ZONING ADMINISTRATOR
There is hereby created in the Planning Department, the office of the Zoning Administrator. The
Zoning Administrator shall be the Planning Director or his/her designated representative.
A. Function And Duties: The function of the Zoning Administrator is to achieve improved
coordination in the administration of the Zoning Code; to increase the efficiency of the zoning
enforcement proceedings; to reduce the time required in processing applications for the minor
discretionary planning permits; and to relieve the Planning Commission of certain routine
functions in order that it may give its attention to its primary responsibility of comprehensive
community planning.
B. Authority: The Zoning Administrator shall have the authority and it shall be a duty of this
office to conduct public hearings, and to make determinations regarding minor use permits, site
development permits, variances, modifications of conditions of approval, minor changes to
previously approved projects, and other minor zoning matters as determined by the City Planning
Director.
C. Action By The Zoning Administrator: The Zoning Administrator shall make findings and
approve, conditionally approve, or deny minor use permits, site development permits, variances,
Page 116 of 193
17
and other discretionary zoning matters. The Zoning Administrator shall have the authority to
impose conditions of approval as provided for in this Article.
D. Referral To The Planning Commission: The Zoning Administrator may refer any application
for a use permit, site development permit, variance, or any other zoning matter to the Planning
Commission for public hearing.
E. Appeals: All decisions made by the Zoning Administrator are appealable to the City Council
for a final decision as provided for in this Chapter.
Page 117 of 193
ATTACHMENT 11
1
CHAPTER 2
ZONING
ARTICLE 21. DEFINITIONS
* * *
§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.
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.
Page 118 of 193
2
* * *
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 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.
* * *
Page 119 of 193
6/9/2021
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 1/12
ARTICLE 5.2. OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS FOR NEW RESIDENTIAL
CONSTRUCTION
SECTION:
§9055 Purpose And Intent
§9055.1 Development Standards
§9055 PURPOSE AND INTENT
The purpose of this article is to create a by-right, ministerial approval process for all new
residential construction, excluding single-family homes. To do so, this article sets forth objective
design and development standards that remove barriers to and reduce costs for new residential
construction, excluding single-family homes, while still protecting the residential character of the
City’s neighborhoods. (Ord. 1212, §7, adopted 2021)
§9055.1 DEVELOPMENT STANDARDS
A. Setbacks:
1. Front: The front setback shall comply with the base zone front setback requirements.
2. Setback Landscaping: Areas between the required setback and street improvements shall
be landscaped per the landscaping requirements in subsection L of this section.
3. Side (Interior):
a. Minimum Side Setbacks: There is no minimum interior side setback; provided, that
structures comply with the building and fire code standards for structure separation.
b. Zero Setback: If zero setbacks are proposed, the side setback opposite the zero
setback shall be a minimum of five feet (5').
4. Rear: The rear setback shall comply with the base zone rear setback requirements.
B. Property Access: There shall be vehicular access from a dedicated and improved street,
easement, or alley to off-street parking areas.
C. Street Frontage: Every primary residential structure shall have frontage on a public street or
an accessway which has been approved for residential access by the City.
Attachment 12
Page 120 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 2/12
D. Structure Orientation: Structures shall incorporate site design that reduces heating and
cooling needs by orienting structures (both common facilities and dwelling units) on the parcel
to reduce heat loss and gain, depending on the time of day and season of the year.
E. Structure Height: Structure height shall comply with the base zone maximum allowable
height.
F. Alternative Energy Applications: All structures shall be designed to allow for the installation
of alternative energy technologies including but not limited to active solar, wind, or other
emerging technologies, and shall comply with the following standards:
1. Installation of solar technology on structures such as rooftop photovoltaic cell arrays
shall be installed in accordance with the State Fire Marshal safety regulations and
guidelines.
2. Roof-mounted equipment shall be located in such a manner so as to not preclude the
installation of solar panels, as shown in Figure 1-1.
Figure 1-1: Application of Roof-Mounted Equipment
G. Utility Lines: All utility lines from the service drop to the structure shall be placed
underground.
H. HVAC Systems: All HVAC systems shall be located on the roof of the structure to minimize
noise impacts to adjacent properties.
I. Mail and Package Delivery Location: For multifamily development projects greater than four
(4) dwelling units, mailboxes and package delivery areas shall be in locations that are visible by
residents at the interior of a structure entrance, elevator lobby, or stairwell.
J. Primary Entrances:
Page 121 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 3/12
1. Entry Lighting: All primary structure entrances shall include dusk-to-dawn lighting for
safety and security per subsection P of this section.
2. Interior-Facing Structures:
a. The primary entrance of each interior-facing structure shall be oriented toward
paseos, courtyards, pathways, and active landscape areas.
b. For safety, units not facing the street shall be oriented to provide visual access to
entryways, pedestrian pathways, recreation areas, and common facilities from dwelling
units.
K. Open Space: The following development standards apply to multifamily developments
greater than four (4) dwelling units:
1. Public Open Space:
a. Public Open Space: Not less than ten percent (10%) of the gross acreage of the total
project shall be set aside as public open space to allow for active and passive recreation
opportunities and that includes shading elements to benefit all residents of the project,
as shown in Figure 1-2. Open space ownership and maintenance shall be the
responsibility of the property owner(s).
Figure 1-2: Configuration of Public Open Space
b. Connections: Public open space areas shall be directly connected to all interior space
areas (i.e., community room, recreation room, exercise center), trash and recycling
enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail
delivery areas by pedestrian-oriented pathways.
Page 122 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 4/12
c. Landscaping: A minimum of fifteen percent (15%) of the required public open space
shall be landscaped with materials and plantings consistent with the standards in
subsection L of this section (Landscaping) and the subject parcel’s underlying base zone
landscaping requirements.
d. Lighting: In addition to the exterior lighting standards in subsection P of this section,
public open space areas shall incorporate accent lighting. Accent lighting may include
string lighting in trees or crisscrossed over pedestrian areas via courtyards, or plazas;
lighting in fountains; or lighting of significant structures or architectural design
features.
e. Public Gathering Space: Public open space areas shall include a minimum of two (2) of
the following public gathering spaces:
(1) Patio seating area for a minimum of eight (8) people. Patio seating can be fixed
chairs and tables, table/bench combination, or landscape materials (i.e., slabs of
stone or rock);
(2) Garden space;
(3) Water feature in the form of a fountain, bubblers, or water play pad;
(4) BBQ area no smaller than two hundred (200) square feet with a minimum of
three (3) BBQs and tables; or
(5) Pedestrian plaza no smaller than two hundred (200) square feet with a minimum
of four (4) benches.
f. Recreation Facilities: A maximum of twenty-five percent (25%) of the required public
open space area may be paved for recreation facilities including but not limited to
basketball courts, tennis courts, common playground, or swimming pools.
2. Private Open Space:
a. Ground Floor Units: Each ground floor dwelling unit shall include a minimum of forty
(40) square feet of private open space in the form of a covered or uncovered patio to
allow for light, air, and privacy.
b. Above-Ground-Floor Units: Each above-ground-floor dwelling unit shall include a
minimum of forty (40) square feet of private open space in the form of a terrace,
balcony, or rooftop patio to allow for light, air, and privacy.
L. Landscaping (see Figure 1-3):
Page 123 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 5/12
1. Landscaping Plans: Existing features, such as trees, creeks, and riparian habitats shall be
incorporated into landscaping plans.
2. Site Landscaping:
a. All street trees shall be planted consistent with the standard planting detail on file
with the City Engineer.
b. Vegetation (i.e., bushes, shrubs, flowers) shall be maintained at a height of no more
than three feet (3') when located adjacent to pedestrian pathways and building facades
and placed in such a manner that does not obstruct lighting.
3. Irrigation: Site landscaping shall include an automated irrigation system with a minimum
of seventy-five percent (75%) of system being drip irrigation to reduce water consumption.
4. Maintenance: All trees and on-site landscaping shall be maintained by the property
owner.
5. Landscaping Plant Selection:
a. Landscape planting shall consist of at least seventy-five percent (75%) native,
drought-tolerant plants and/or flowering plants.
b. All tree plantings shall be equivalent to a fifteen (15) gallon container or larger.
c. Street trees shall be selected from the approved species on the Ukiah Master Tree List
– Required Street Tree List.
Figure 1-3: Landscaping
M. Personal Outdoor Storage Spaces: A minimum of ten (10) square feet (eighty (80) cubic feet)
of personal outdoor storage space shall be provided for each dwelling unit. Personal outdoor
storage areas shall be covered and able to be locked.
Page 124 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 6/12
N. Bicycle Parking (see Figure 1-4):
1. Class I Bicycle Parking: One Class I bicycle parking space (i.e., bicycle locker) is required
for every fifteen (15) dwelling units. The Class I bicycle space shall be located within or
directly adjacent to the required public open space area.
2. Class II Bicycle Parking: For multifamily development projects greater than four (4)
dwelling units, one Class II bicycle parking space (i.e., inverted U-rack, ribbon rack, wave
rack) is required for every three (3) dwelling units. The Class II bicycle space shall be located
within or directly adjacent to the required public open space area.
Figure 1-4: Bicycle Parking
O. Parking and Circulation:
1. Parking Areas:
a. Parking Lot Design and Location:
(1) Parking is prohibited within required sight distance areas.
(2) Multifamily development projects greater than fifteen (15) dwelling units shall
not site more than fifty percent (50%) of the total parking stalls in a single parking
area.
(3) Multifamily development projects greater than four (4) dwelling units shall not
provide parking areas between the building(s) and the primary street frontage.
(4) Parking areas within a site shall be internally connected and use shared
driveways.
b. Parking Lot Landscaping: The following development standards apply to multi-family
developments greater than four (4) dwelling units:
Page 125 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 7/12
(1) Parking areas with twelve (12) or more parking stalls shall have a tree placed
between every four (4) parking stalls with a continuous linear planting strip, rather
than individual planting wells, unless infeasible.
(2) Parking areas shall provide shade trees in landscaped areas and along
pedestrian pathways. Parking areas shall be designed to provide a tree canopy
coverage of fifty percent (50%) over all paved areas within ten (10) years of planting.
(3) Parking areas shall provide a minimum ten-foot (10') buffer between the parking
and structures. This buffer can include walkways and/or landscaping.
(4) Parking areas shall use concrete curbing or raised planting areas to protect
landscaped areas from encroaching vehicles.
(5) At least seventy-five percent (75%) of parking lot trees shall be deciduous
species.
c. Parking Lot Lighting: The following development standards apply to multifamily
development projects greater four (4) dwelling units.
(1) Parking lots shall include pole-mounted lighting that shall be no more than
sixteen feet (16') in height.
(2) Parking lot lighting shall be directed downward to minimize glare.
d. Carports: Carports shall be reserved for vehicles and shall not be used as storage
space.
e. Individual Garage Parking: For multifamily development projects greater than four (4)
dwelling units, indoor vehicle parking in the form of garages is encouraged, but not
required.
2. Required Parking:
a. Guest Parking: A minimum of three (3) guest parking spaces shall be provided for
every six (6) dwelling units.
b. Parking Standards: Multifamily dwelling parking standards shall be consistent with
the parking regulations in Chapter 2, Article 17 of this division, with the exception of a
minimum of one parking space per dwelling unit.
P. Exterior Lighting (see Figure 1-5):
Page 126 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 8/12
1. Pedestrian-oriented lighting shall be provided in active pedestrian areas (i.e., paseos,
interior sidewalks, pathways, etc.) for safety and security.
2. Pedestrian pathway (excluding street-fronting sidewalks) lighting features shall not
exceed ten feet (10') in height.
3. Active pedestrian areas shall incorporate free-standing lighting separate from structures.
4. Pedestrian pathways, elevator lobbies, parking areas, stairwells, and other common areas
shall have minimum illumination levels of one-half (0.5) foot-candle at the pathway surface
to clearly show walking conditions.
5. Overhead sports court lighting shall illuminate only the intended area. Light trespass onto
neighboring parcels is prohibited.
6. Outdoor lighting shall use energy efficient lighting technology and shall be shielded
downward to reduce glare and light pollution.
Figure 1-5: Exterior Lighting
Q. Privacy: 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.
R. Trash and Recycling Enclosures: The following trash and recycling enclosure development
standards apply to multifamily development projects greater than four (4) dwelling units:
1. Walls either made of masonry, metal, or wood with finished metal doors.
2. Vehicle and pedestrian access gates.
Page 127 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 9/12
3. Downward lighting for safety and security.
S. Structure Identification: Structure identification numbers shall be placed along pedestrian
pathways and roads and shall be readable from a distance of at least sixty feet (60').
T. Signage and Information: Developments shall comply with the sign standards in Division 3,
Chapter 7 of this code (Signs). In addition, all directional signage and informational kiosks (i.e.,
development maps) shall be located at the entrances of individual buildings and at convergences
of main pedestrian pathways. (Ord. 1212, §7, adopted 2021)
§9055.2 DESIGN STANDARDS
A. Carports:
1. For multifamily development projects greater than four (4) dwelling units, carports shall
not be visible from the street.
2. Carports shall include the approved color palette, materials, and design elements of the
structure.
B. Color Palettes (see Figure 1-6):
1. All structures shall include at least one primary color and a maximum of two (2) accent
colors, in addition to the color of the roofing material.
2. Each structure elevation shall include two (2) colors in the selected color palette.
3. Projects that include more than ten (10) dwelling units shall include at least two (2) color
palettes, where no single-color palette shall be used on more than fifty percent (50%) of the
dwelling units.
Figure 1-6: Color Palettes
Page 128 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 10/12
C. Fences and Walls: The following materials are prohibited for all fences and walls:
1. Electrified;
2. Barbed wire/razor wire;
3. Sharp objects such as spires and glass;
4. Cyclone or chain link; and
5. Vinyl.
D. Glazing: Structures shall incorporate the use of energy efficient glazing to reduce heat loss
and gain.
E. Common Mailboxes: Common mailboxes shall be painted using the approved color palette
for the overall development.
F. Trash and Recycling Enclosures: Trash and recycling enclosure walls and metal doors shall
be painted in accordance with the approved color palette for the overall project.
G. Roof Design and Materials (see Figure 1-7):
1. Horizontal eaves longer than twenty feet (20') in length shall be broken up by gables,
building projections, or other forms of articulation.
2. Roof overhangs shall be a minimum of twelve inches (12").
Figure 1-7: Roof Design
3. The following are allowable roofing materials:
a. Nonreflective standing seam metal roofs in shades of tan, brown, black, light blue,
red, and green;
Page 129 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 11/12
b. Cool foam roofs (white);
c. Clay tile; and
d. Architectural composition shingles.
H. Screening: All screening of ground-mounted, wall-mounted, and roof-mounted equipment
shall be painted in accordance with the approved color palette for the project. Visual screening
shall be installed if ground-mounted or wall-mounted equipment faces the street.
I. Stairways/Stairwells: Exterior stairways/stairwells that are not enclosed shall not be visible
from the public right-of-way.
J. Structure Massing: Structures that have a length longer than thirty feet (30') shall include
facades with varying modulation with a minimum depth of two feet (2') at intervals of no more
than ten feet (10'), as shown in Figure 1-8.
Figure 1-8: Structure Massing
K. Structure Materials and Elements:
1. Drainpipes, parapets, and ledges shall not be located near windows, corridors, and
balconies. If such placement is not feasible, they shall face parking lots, public spaces, and
roads.
2. All structures shall include a minimum of two (2) primary materials (i.e., stone, wood,
masonry, or metal) on each structure elevation. Each material shall comprise at least twenty
percent (20%) of the elevations excluding windows and railings.
3. All structures that use exterior veneers shall ensure the edge of the veneer is not obvious
by prohibiting the use of vertical joints at exterior corners.
4. The following primary structure materials are prohibited:
Page 130 of 193
6/9/2021 Print Preview
https://www.codepublishing.com/CA/Ukiah/cgi/menuCompile.pl 12/12
a. Heavy timber, exposed logs in their natural state;
b. Stucco textured foam, synthetic stucco, vinyl or vinyl clad materials; and
c. Unfinished galvanized metals. (Ord. 1212, §7, adopted 2021)
Page 131 of 193
FLEXIBLE PARKING STANDARDS| March 2020 1
Flexible Parking Standards
PARKING FOR NEW RESIDENTIAL DEVELOPMENT
What are Parking
Standards?
Parking standards are
regulations set forth by a county
or city requiring new buildings to
include a fixed minimum number
of off-street parking spaces
based on an assumed demand
for parking generated by the
building use.
This practice dates back to the
early 1950s when rapid urban
and suburban development
resulted in a dramatic increase in
the number of privately owned
cars and a shortage of parking
spaces.
California is amid a housing crisis. Communities throughout the State
are challenged with accommodating their fair share of housing
production, many of which are exploring innovative solutions to that
challenge. One such strategy is reexamining the number of parking
spaces required for new residential development. Through its Zoning
Code, the City of Ukiah has a unique opportunity to reduce parking
requirements in order to remove barriers to and reduce costs for multi-
family and low-income housing development.
Overview
Through their zoning code, most cities establish a minimum number of
off-street parking spaces that must be created for each dwelling unit in a
residential development. These requirements can be based on the
number of bedrooms in each unit or on a per unit basis, and sometimes
may even vary by project or location.
Parking standards are created to ensure that new residents have a
dedicated space for their vehicles without creating a burden on on-street
and public parking. However, these same parking requirements often
lead to an increase in the cost of developing housing by increasing the
land area required for a residential project. In turn, residential
developments, especially multi-family and low-income projects, become
increasingly more expensive and less affordable. Due to the increased
cost of construction, tenants end up paying higher housing costs even if
they don’t use the parking spaces. Most often, the parking requirements
go beyond what is actually needed to ensure that residents have
adequate parking, which results in an excess of unused parking spaces.
Communities seeking to expand the supply of housing are revisiting their
zoning codes to determine whether current parking requirements can be
reduced. In doing so, those communities may reduce the cost of housing
for residents, potentially lower development costs, and potentially free
up land for additional dwelling units.
Attachment 13
Page 132 of 193
FLEXIBLE PARKING STANDARDS| March 2020 2
City of Ukiah Housing Element (2019-2027)
The Housing Element is one of seven State mandated elements that
every general plan must contain. This Element provides an analysis of
existing barriers to development, the community’s housing needs for all
income levels, and the strategies to respond to those needs. Adopted on
October 23, 2019, the City of Ukiah, with assistance from the State
Department of Housing and Community Development (HCD), updated its
Housing Element for the 2019-2027 planning cycle. This update brought
about substantive changes in format and content from the previously
adopted Element to address the multitude of policy changes brought
about by the 2017 Housing Bills package signed into law by the Governor.
One barrier to affordable housing the Housing Element addresses is
parking standards and requirements. According to the Element,
excessive parking requirements may serve as a constraint to residential
development by increasing development costs and reducing the amount
of land available for additional units or project amenities. As discussed in
further detail in the Ukiah City Code: Zoning (Chapter 2) section of this
paper, the City generally requires one parking space for one-bedroom
apartment units and two spaces for two-bedroom apartment units.
Relief from these parking requirements may be granted in some
instances through the discretionary review process. These instances
include day and nighttime use offsets, mixed-use developments, and
special housing developments (i.e. housing for seniors and disabled
persons).
Based on feedback from multi-family developers and community
stakeholders during the Housing Element Update, the City learned that
despite the flexibility in existing parking standards, the requirements
may be unintentionally resulting in a reduction of the number of dwelling
units feasible on a site. In particular, the requirements may serve as a
potential constraint to the development of moderate-income, and
affordable housing. To address this issue, the 2019-2027 Housing
Element included the following goal, policies, and implementation
program regarding parking requirement constraints:
Goal H-3: Remove governmental constraints to infill housing
development.
Policies to Support Goal H-3
Policy 3-1: Improve building and planning permit processing for
residential construction.
Policy 3-2: Encourage the use of density bonuses and provide
other regulatory concessions to facilitate housing development.
What is a General
Plan?
California law requires that
every city and county adopt a
general plan “for the physical
development of the city and any
land outside its boundaries that
bear relation to its planning”
(California Government Code
Section 65300, et. Sec.).
A general plan serves as the
jurisdiction’s “constitution” or
“blueprint” for future decisions
concerning a variety of topics
including land use, health and
safety, and circulation. The
Housing Element and Land Use
Element are two of the seven
State-mandated elements of the
Ukiah General Plan that set forth
both land use and housing
policies in the community.
The OPR General Plan Guidelines aids
cities and counties in the preparation and
content of general plans
Page 133 of 193
FLEXIBLE PARKING STANDARDS| March 2020 3
Implementation Program to Support Goal H-3
3b: Develop flexible parking policies for residential development.
The intent of this policy is to reduce parking requirements;
especially in zoning districts that allow foe lower-income housing
developments.
Responsibility: Community Development Department, Planning
Services Division; Planning Commission; City
Council
Funding: Department budget and other funding sources
as available.
Schedule: Complete draft policy by June 30, 2020.
The following summarizes other key goals in the Housing Element related
to the production and preservation of multi-family and special needs
housing:
Goal H-2. Expand housing opportunities for all economic
segments of the community, including special needs populations.
Goal H-4. Promote well-planned and designed housing
opportunities and projects for all persons, regardless of race,
gender, age, sexual orientation, marital status, or national origin.
Goal H-5. Provide support for future housing needs.
To help achieve these goals, the Housing Element includes the following
policies related to the development of multi-family and special needs
hosing:
Policy 2-2: Encourage the development of a variety of different
types of housing.
Policy 2-5: Facilitate the production of housing for all segments
of the Ukiah population, including those with special needs.
Policy 5-2: Continue to encourage and facilitate public
participation in the formulation and review of the City’s housing
and development policies.
Policy 5-3: Assume a leadership role in the development of all
types of housing in the community.
The City of Ukiah Housing Element was
adopted on October 23, 2019, for the 2019-
2027 Planning Cycle.
.
Page 134 of 193
FLEXIBLE PARKING STANDARDS| March 2020 4
City of Ukiah Land Use Element (1995)
Similar to the Housing Element, the Land Use Element is one of the seven mandated
elements California law requires to be a part of a general plan. The purpose of a Land
Use Element is to identify the locations and types of land uses that are to be
designated throughout a city and its planning area. These land use classifications are
intended to show the future use of lands during the life cycle of a general plan.
The Element provides broad classifications for how land can be used. Subsequently,
these classifications form the foundation upon which the zoning and subdivision
regulations are developed. It is from the implementation of these regulations, that
the goals, policies, and implementation measures specified in the General Plan are
applied. The culmination of all General Plan policy programs in the Land Use Element
ultimately define what kind of uses are permitted and which regulations govern
them.
Ukiah City Code: Zoning (Chapter 2)
A zoning code, or ordinance, establishes regulations that, in part, implement the
General Plan and determine how property in a city can be used. Zoning codes
typically establish zoning districts that specify allowable uses (e.g., residential,
commercial, industrial) and development standards (e.g., structure height, setbacks,
lot size, parking requirements). The Ukiah Zoning Code generally allows duplexes and
multi-family residential developments in seven districts:
• Medium Density Residential
(R-2)
• High Density Residential (R-3)
• Heavy Commercial (C-2) • Community Commercial (C-1)
• General Urban (GU) • Urban Center (UC)
• Downtown Core (DC)
Parking standards are set forth in Division 9, Chapter 2, Section 17.9198 of the Ukiah
City Code. Generally, the Code requires two parking spaces for single family homes
and duplexes, one parking space for one-bedroom apartment units and two spaces
for two-bedroom apartment units (see Table 1). Mixed use projects containing a
commercial component generally require one space per every 250 square feet of
gross leasable space.
Page 135 of 193
FLEXIBLE PARKING STANDARDS| March 2020 5
Table 1 – Number of Parking Spaces Required
Residential Parking Requirements
Land Use Number of Spaces Required
Single-Family Dwellings 2.0 spaces per dwelling unit
Duplexes 2.0 spaces per dwelling unit
Multiple-Family and
Condominiums
1.0 parking space for one bedroom units;
2.0 parking spaces for two or more
bedroom units
Source: Chapter 2, Section 17.9198(A) Number of Parking Spaces Required , 2020.
Parking Reduction Policies
The existing Zoning Code allows slight deviations from the parking
standards through a discretionary review process depending on specific
circumstances. For example, in any district, the sum of the separate
parking requirements for each use in a mixed residential/commercial
project may be reduced up to 35 percent when the City can make a finding
that daytime and nighttime demand for parking spaces are offset. Parking
requirements may also be reduced in Parking District 1 within the
downtown area for projects containing pedestrian accessibility to services,
are within a set distance from transit stops, or are located near City parking
lots.
In any district, the Community Development Director may approve a
reduction in parking requirements up to 30 percent for specific types of
residential development. The reduction in parking for each use is
dependent on a multitude of factors, such as the occupants age disabilities,
or household size. Projects eligible for this reduction are housing
developments with at least four dwelling units reserved for any of the
following:
• Seniors • Emergency shelters
• Transitional housing • Single room occupancies
• Other special needs
housing
The City also grants parking reductions for affordable housing projects. In
any district where residential development is allowed, a reduction in
parking requirements up to 20 percent may be granted for housing with at
least four units made available to persons of low, very low, or extremely
low income.
Potential Flexible Parking Considerations
Municipalities throughout the state are modernizing parking standards as
travel habits shift away from single-occupancy automobile travel toward
Multi-family complexes with an abundance
of parking spaces are common in Ukiah.
Page 136 of 193
FLEXIBLE PARKING STANDARDS| March 2020 6
alternative modes of transportation. Local governments are taking new
approaches to determining parking demand, particularly in areas that are
walkable and have access to transit. Greater flexibility in parking requirements
can reduce the amount of land that is allocated to parking and increase the
amount of land for active uses.
Fortunately, cities have a multitude of tools at their disposal to further reduce
parking standards if they so wish. As stated in the City of Ukiah Housing
Element, the existing inflexibility in parking requirements may put an
unnecessary constraint on the development of housing. The following section
provides examples the Ukiah might consider implementing to address parking
challenges.
Maximums in Lieu of Minimums
Parking requirements in the Zoning Code are currently stated in terms of a
minimum number of required spaces. One of the biggest concerns with
minimum parking requirements is they have the potential to waste a great deal
of space by applying a “one size fits all” solution. Parking minimums fail to
consider the many nuances of a residential development, such as tenant vehicle
ownership rates and transit use. That is, parking minimums assume that every
tenant owns one or more vehicles, which is increasingly not the case,
particularly with lower income tenants. In many cases, parking lots are rarely
fully occupied.
To address this issue, some communities have not only eliminated minimum
parking standards but have adopted parking maximums instead. Rather than
specifying a minimum number of spaces that must be provided, a maximum
limit is placed on the number of parking spaces that may be developed as a part
of a residential project. Replacing parking minimums with maximums can help
developers avoid having to over-supply parking just to comply with regulatory
requirements. Additionally, parking maximums have the potential to reduce
development costs and greatly reduce the entitlement process timeframe
because developers avoid the procedure of securing a zoning modification that
allows them to provide fewer spaces than required.
Unbundled Parking
“Unbundling” parking is the practice of selling or leasing parking spaces
separate from the purchase or lease of the commercial or residential use. This
allows base housing costs to be lowered and individuals who do not need
parking the flexibility of paying less for their dwelling unit. It also incentivizes
individuals—where they have the option, to walk, bike, or use public transit for
daily activities—to forego parking space ownership.
The Cities of Albany and San Jose included unbundled parking as a parking
reduction incentive for multi-family residential projects. These cities allowed
reduced parking requirements, via unbundling, for multi-family residential
projects in pedestrian-oriented areas. Ukiah can apply a similar reduction
incentive to residential developments across the City. While the City Code
Page 137 of 193
FLEXIBLE PARKING STANDARDS| March 2020 7
allows the Community Development Director, based on making specific
findings, to reduce the parking for residential development by a percentage,
the City could implement additional provisions to allow or incentivize
unbundled parking for residential projects.
Implementation of AB 744
Assembly Bill (AB) 744 is a bill signed into legislation in 2015 aimed at easing
parking requirements for affordable housing. The bill allows affordable housing
developers to build less parking than many local zoning regulations currently
permit. AB744 is limited to a few specific types of housing that generally house
population groups that tend to own fewer cars and drive less than the general
population. Those instances include housing for special needs populations, and
housing for low-income and very-low income people. The bill also applies to
mixed-income developments that include a minimum number of affordable
units. In all cases, these developments are required to have easy and
convenient access to public transportation.
Under AB 744, if a developer of a qualified housing type requests to build less
parking than required in the zoning code, a city must allow it, unless it can
demonstrate that more parking is necessary. The bill further specifies that
“demonstrate” does not entail the preparation of a vague “parking study.” The
parking study to be conducted would have to be recent and based on
“substantial evidence,” including area-wide parking availability, transit access,
potential for shared parking, the effect of parking requirements on the cost of
developments, and rates of car ownership among low-income, senior, and
special needs individuals. This process shifts the burden of proof from the
developer to the city, while in the process codifying the assumption that in
general the populations in these types of development need and use fewer
parking spaces.
AB 744 allows developers of specific housing types to request lower parking
minimums as follows:
• 100 percent affordable housing within ½ mile of transit with frequent
service: 0.5 parking spaces per unit
• 100 percent affordable housing for seniors, within ½ mile of frequent
transit service or with access to paratransit service: 0.5 parking spaces
per unit
• 100 percent affordable housing for developmentally disabled adults,
within ½ mile of frequent transit service or with access to paratransit
service: 0.5 parking spaces per unit
• Mixed-income housing within ½ mile of a well-served transit stop and
with at least 11 percent of the units set aside for extremely low-income
residents or 20 percent set aside for low-income residents: 0.5 parking
spaces per bedroom
Page 138 of 193
FLEXIBLE PARKING STANDARDS| March 2020 8
While Ukiah currently grants parking reductions up to 20 percent for affordable
housing projects, it may consider amending its parking regulations to be consistent
with AB 744.
Reduction in Residential Parking Minimums
Communities can reduce the number of spaces required per unit (i.e. from 1.5 to
1.0 spaces per bedroom or per unit) on a community-wide basis. This technique
works well in particular zoning districts or locations for specific types of housing,
such as age-restricted senior or affordable housing. Based on an analysis of
communities with a similar population density, it appears that Ukiah’s parking
requirements are higher than average. The cities that were analyzed as part of this
memo include: Albany, Arcata, and Red Bluff. The following tables (Table 2)
summarize each city’s parking standards for residential uses.
Table 2 – Parking Standards in Similar Communities
Residential Parking Requirements
Land Use City of Albany City of Arcata City of Red Bluff
Single-Family
Dwelling
2.0 spaces per
unit
Min: 1.0 space
per unit
2.0 spaces per
unit
Max: 2.0 spaces
per unit
Two-Family
Dwelling/Duplex
1.5 spaces per
unit
Min: 1.0 space
per unit
2.0 spaces per
unit
Max: 2.0 spaces
per unit
Multi-Family
Dwelling
1.0 space per unit Min: 1.0 space
per unit
2.0 spaces per
unit
Max: 2.0 spaces
per unit
Senior Housing
Development
0.5 spaces per
unit
Min: 0.75 spaces
per unit
N/A
Max: 1.5 spaces
per unit
Residential Mixed-
Use Development
1.0 space per unit N/A N/A
Affordable Housing 0.5 spaces per
bedroom
N/A N/A
Shared Housing 0.5 spaces per
unit
N/A N/A
Live/Work Space 1.0 space per unit N/A N/A
Source: Section 20.28.030 Parking Spaces Required, City of Albany, 2020. Section 9.36.040
Number of Parking Spaces Required, City of Arcata, 2020. Chapter 25, Article XXIII, Section
25.217(D) Off-Street Parking Requirements, City of Red Bluff, 2020.
Page 139 of 193
FLEXIBLE PARKING STANDARDS| March 2020 9
Based on the above analysis of similar cities, Ukiah may consider amending their
City Code to reduce the overall parking requirements for residential uses. Table 3
below provides a moderate reduction in parking standards, whereas Table 4
provides a more aggressive reduction.
Table 3 – Moderate Reduction to Residential Parking Standards for Ukiah
Residential Parking Requirements
Land Use Existing Proposed
Single-Family Dwellings 2.0 spaces per dwelling 2.0 spaces per dwelling
Duplexes 2.0 spaces per dwelling 1.5 spaces per dwelling
Multiple-Family and
Condominiums
1.0 parking space for one
bedroom units; 2.0 parking
spaces for two or more
bedroom units
1.0 spaces per dwelling
Table 4 – Aggressive Reduction to Residential Parking Standards for Ukiah
Residential Parking Requirements
Land Use Existing Proposed
Single-Family Dwellings 2.0 spaces per dwelling 2.0 spaces per dwelling
Duplexes 2.0 spaces per dwelling 1.0 spaces per dwelling
Multiple-Family and
Condominiums
1.0 parking space for one
bedroom units; 2.0 parking
spaces for two or more
bedroom units
0.5 spaces per dwelling
Conclusion
Many cities hoping to encourage affordable multi-family development have found
reducing parking standards to be one effective and innovative solution. Whether
through the implementation of State law, the reduction of parking standards
community-wide, or the adoption of new parking reduction concepts, it is
imperative communities reduce barriers to multi-family residential development
during this housing crisis.
Page 140 of 193
FLEXIBLE PARKING STANDARDS| March 2020 10
Sources
California Legislative Information, Assembly Bill No. 744, accessed March 2020
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB744
City of Albany Zoning Code, accessed March 2020
https://www.albanyca.org/home/showdocument?id=37652
City of Arcata Zoning Ordinance, accessed March 2020
https://www.codepublishing.com/CA/Arcata/#!/LUC/ArcataLUC0930/ArcataLUC0936.html#9.36
City of Ukiah City Code, accessed March 2020
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2019/12/City-of-Ukiah-2019-2027-
Housing-Element-Update-full-CERTIFIED-120519.pdf
City of Ukiah Housing Element Update 2019-2027, accessed March 2020
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2019/12/City-of-Ukiah-2019-2027-
Housing-Element-Update-full-CERTIFIED-120519.pdf
City of Ukiah Land Use Element 1995, accessed March 2020
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2012/12/Land-Use-Element-
1995_Amended-2019.pdf
Local Housing Solutions. Reducing Parking Requirements.
https://www.localhousingsolutions.org/act/housing-policy-library/reduced-parking-requirements-
overview/reduced-parking-requirements/. March 2020.
Skyline Parking, Minimum parking requirements – problems and alternatives. https://www.parking-
net.com/parking-news/skyline-parking-ag/minimum-parking-requirements. March 2020.
Page 141 of 193
CALIFORNIA ENVIRONMENTAL QUALITY ACT
DRAFT
INITIAL STUDY AND
NEGATIVE DECLARATION
FOR
HOUSING RELATED ZONING CODE UPDATES
June 7, 2021
Prepared by:
City of Ukiah
Community Development Department
Planning Division
300 Seminary Avenue, Ukiah, CA 95482
Attachment 14
Page 142 of 193
Table of Contents
I. PROJECT INFORMATION 1
II. PROJECT DESCRIPTION 2
1. Project Location 2
2. Environmental Setting 2
3. Background 2
4. Project Components 3
2019-2027 Housing Element Implementing Programs 3
Housing-Related State Legislation 4
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 2
IV. DETERMINATION 3
V. EVALUATION OF ENVIRONMENTAL IMPACTS 5
1. Aesthetics 5
2. Agriculture and Forestry Resources 8
3. Air Quality 9
4. Biological Resources 11
5. Cultural Resources 13
6. Energy 16
7. Geology and Soils 17
8. Greenhouse Gas Emissions 18
9. Hazards and Hazardous Materials 19
10. Hydrology and Water Quality 22
11. Land Use and Planning 23
12. Mineral Resources 25
13. Noise 25
14. Population and Housing 27
15. Public Services 28
16. Recreation 29
17. Transportation 30
18. Tribal Cultural Resources 32
19. Utilities and Service Systems 34
20. Wildfire 35
21. Mandatory Findings of Significance 36
VI. REFERENCES 38
ATTACHMENTS
A. Proposed Zoning Code Text Revisions
B. Proposed Objective Design and Development Standards for New Residential Construction (Article
5.75)
C. Proposed Flexible Parking Standards
D. List of California Native American Tribes contacted under Senate Bill 18
Page 143 of 193
1
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
I. PROJECT INFORMATION
Project Title:
Housing Related Zoning Code Updates
Lead Agency Address and Phone Number:
City of Ukiah
300 Seminary Avenue
Ukiah, California 95482
(707) 463-6200
Project Contact Person and Phone Number:
Mireya G. Turner, Planning Manager
City of Ukiah Community Development Department
(707) 463-6203
mturner@cityofukiah.com
CEQA Contact Person and Phone Number:
Michelle Irace, Planning Manager
City of Ukiah Community Development Department
(707) 463-6268
mirace@cityofukiah.com
Project Location:
All properties within the City of Ukiah limits zoned for commercial and residential land uses
City of Ukiah General Plan Designations:
Commercial and Residential land use designations
• Commercial
• Low Density Residential
• Medium Density Residential
• High Density Residential
City of Ukiah Zoning Districts:
Commercial and Residentially-zoned properties:
• Article 3 “R-1” Single-family Residential
• Article 4 “R-2” Medium Density Residential
• Article 5 “R-3” High Density Residential
• Article 6 “CN” Neighborhood Commercial
• Article 7 “C-1” Community Commercial
• Article 8 “C-2” Heavy Commercial
• Article 20 Administration and Procedures
• Article 21 Definitions
Page 144 of 193
2
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
II. PROJECT DESCRIPTION
1. Project Location
The Housing Related Zoning Code Updates (“Proposed Project”) includes all residential and
commercial zoned properties within the City of Ukiah limits. See Figure 1, Location Map and Figure
2, Zoning Map.
2. Environmental Setting
The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of
Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include
single family residential, multi-family residential, and commercial uses ranging from local commercial
to service commercial, as well manufacturing, industrial and public facilities. Further west is
undeveloped open space, and steep, densely vegetated areas interspersed with rural residential lots
within the Western Hills and Mendocino County’s jurisdiction.
The City of Ukiah sits in the Ukiah Valley in central Mendocino County, with elevations varying from
approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding
the city. Ukiah is located along the Highway 101 corridor and near the east/west intersection of
Highway 20, two hours north of the Golden Gate Bridge. The City of Ukiah is situated within the Coast
Range geologic province. The North Coast Range is comprised of a geologic feature unique to
California, the Franciscan Formation, which dictates the vegetative communities. The Franciscan
Formation is comprised of serpentine, sandstone, and other sedimentary rocks. This area is
characterized by a Mediterranean climate; the winters are cool and wet, and the summers are hot and
dry. Annual temperatures for this region range from about 30 to 100 degrees Fahrenheit. The Ukiah
Valley is located approximately 30 miles east and inland from the Pacific Ocean. It runs north-south
for approximately nine miles, with a maximum width of three miles. The Russian River enters the valley
at the north end and runs south along the valley floor.
3. Background
The City’s first General Plan was originally adopted in 1974, updated in 1995, and was last amended
in 2019, with adoption of the 2019-2027 Housing Element. The General Plan serves as a blueprint for
future development and growth of the community. The City is currently in the process of completing a
General Plan Update (the “2040 General Plan”) that will map out the vision for community development
through 2040; until the new General Plan is adopted, the 1995 General Plan (as amended in 2019) is
considered the applicable plan. The 2019-2027 Housing Element was adopted by the Ukiah City
Council on October 23, 2019, and certified by the California Department of Housing and Community
Development (HCD) on December 5, 2019. The Housing Element must demonstrate the availability
of appropriately zoned land needed to meet the Regional Housing Needs Allocation (RHNA)
(Government Code Sections 65582(a)(3)) and 65582.2(a)), and represents the City of Ukiah’s efforts
Page 145 of 193
3
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
to fulfill requirements under the State Housing Element Law and responds to Ukiah’s housing needs
by identifying policies and implementing actions for meeting those needs. Specifically, the Housing
Element contains five (5) Goals, 19 Supporting Policies, and 33 Implementing Programs to promote
and facilitate housing within the City of Ukiah.
Zoning and land use are governed by the City’s Zoning Ordinance, as outlined in Division 9, Chapter
2 of the Ukiah City Code. The purpose of the Ukiah Zoning Code is to promote the growth of the City
in an orderly manner and to promote and protect the public health, safety, peace, comfort and general
welfare. Residential development of varying intensity is allowed in all zoning districts of the Ukiah
Zoning Code, with the exception of the Manufacturing and Public Facility Zoning Districts. The intent
of the Proposed Project is to amend the Zoning Code in order to enact several Implementing Programs
identified in the Housing Element.
In addition, the proposed amendments are in accordance with recent State laws regarding facilitation
of housing. California is in the midst of a housing crisis in which communities throughout the State are
challenged with accommodating their fair share of housing production (as identified through the
RHNA). The housing shortage has prompted the State legislature and Governor to enact new laws
requiring cities and counties to streamline housing approval by establishing a by-right, ministerial
approval process for all new residential construction, excluding single-family homes.
4. Project Components
The City of Ukiah is proposing Housing-related Zoning Code amendments to the City of Ukiah’s
Municipal Code. The Housing-related Zoning Code amendments include enacting both the City of
Ukiah’s 2019-2027 Housing Element Implementing Programs and updates required for compliance
with new State laws (“Proposed Project”). Summaries of the Implementing Programs and the State
laws related to the proposed Zoning Code amendments are listed below. A complete list of Implementing
Programs are included as Appendix G of the Housing Element which may be found at
http://www.cityofukiah.com/projects/housing-element-update/.
2019-2027 Housing Element Implementing Programs
1e: Develop Objective Multifamily Residential Design and Development Standards. Develop
Objective multifamily residential design and development standards, including standards for
multifamily in the R-2. R-3, C-1, and C-2 zones (2019-2027 Housing Element Program 2h). If a
project is in compliance with these standards, their project will be ministerial, and will only require
a building permit, rather than a Use Permit/Site Development Permit. These design standards
would both facilitate development at the allowable densities and provide guidance and certainty
in design standards to ensure quality housing is developed in the community. The Objective
Design and Development Standards (“Objective Standards”) were approved by the City Council,
in concept, in December 2020, and are included in Attachment B. The Objective Design and
Development Standards will be included in the Proposed Project for final City Council review and
approval.
2h: Ensure Capacity of Adequate Sites for Meeting Regional Housing Needs Allocation
(RHNA). The following Zoning Code amendments to streamline housing production in order to
meet the City’s new RHNA allocation of 239 units from the 2019-2027 Housing Element:
Page 146 of 193
4
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
• Revise C-1 and C-2 Zones to allow by-right housing development, with objective design
and development standards. Housing types allowed by-right will include multifamily,
Single Room Occupancies (SROs), duplexes, triplexes, and fourplexes.
• Revise the R-2 Zone to allow up to 15 dwelling units per acre (du/ac) instead of 14
dwelling units per acre.
• Revise the C-N Zone to increase residential density from 6 du/ac to 15 du/ac and allow
similar housing types as those allowed in R-2.
2l: Compliance with AB 2162. Revisions to the Zoning Code to allow supportive housing by right
in zones where multi-family and mixed uses are permitted, including non-residential zones
permitting multi-family uses.
3a: Modifications to Development Standards to Maximize Housing Development. Maximize
housing development by amending development standards pertaining to height, density, setback
reduction, site area. These Zoning Code amendments include:
• Increasing maximum allowable height for new residential buildings.
• Increasing density.
• Reducing yard setbacks.
• Reducing minimum site area.
• Revising the R-1 (Single-family Residential) and R-1-H (Single-family Residential- Hillside
Combining) 1 zoning districts to allow by-right and/or permit other residential building types
and densities.
3b: Flexible Parking Standards. Include Flexible Parking Standards that reduce parking
requirements, specifically in zoning districts that allow for lower-income housing developments, in
order to streamline and remove barriers to multifamily housing development. The Moderate
Parking Standards, and Unbundled Parking (with a minimum of one (1) parking space per dwelling
unit) were approved by the City Council, in concept, in December, 2020, and are included in
Attachment C. Flexible Parking Standards will be included in the Proposed Project for final City
Council review and approval.
Housing-Related State Legislation
Senate Bill 2(Approved by Governor 10/13/2007) amended GC
• GC 65583(b)(3): Supportive and transitional housing shall be a use by right anywhere
residential uses are by right. Also, they are to be evaluated only by the criteria for
residential uses of similar size.
• Added definition of supportive and transitional housing to GC
Senate Bill 234 (Approved by Governor on 9/5/2019): Jurisdictions cannot require discretionary
permits for large or small family daycares in any zoning district allowing for primary residential use.
1 Although identified in Implementation Program 3a, the Hillside Overlay District is not included in the proposed amendments
at this time.
Page 147 of 193
5
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
Assembly Bill 101 (Approved by Governor on 7/31/19) Adding Low barrier Navigation Centers as
a use by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses
if it meets specified requirements.
Assembly Bill 3182 (Approved by Governor on 9/28/2020) Regarding Rental Restrictions
(amendment to 9016 R-1) Requires ministerial approval of one ADU and one JADU per parcel
with a primary SFD. Previously was one ADU or one JADU.
Assembly Bill 2162 (Approved by Governor on 9/26/2018) Supportive housing is a use by right
in zones where multifamily and mixed uses are permitted, including nonresidential zones
permitting multifamily, uses. Prohibits requiring parking if within one-half mile of a public transit
stop.
A summary of the proposed amendments are provided in Table 1 below, and proposed Zoning Code
text amendments are included as Attachment A. Text proposed for deletion is shown in Strikethrough,
while text proposed to be added is shown in Underline. The proposed Zoning Code Amendments will
also require an amendment to the City of Ukiah’s General Plan to increase allowable building density
proposed in the Zoning Code Amendments. While the proposed changes include policy changes to
facilitate housing development, no development or physical changes to the environment are proposed.
Page 148 of 193
1
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
Table 1, Summary of Proposed Zoning Code Amendments
PROPOSED ZONING CODE AMENDMENTS
Zoning District
Developme
nt Standard R1 R2 R3 CN C1 C2
Density
No change: 6
dwelling units
per acre (du/ac)
Changing from 14
du/ac to 15 du/ac No change:
28du/ac)
Changing
from 6 du/ac
to 15 du/ac
No change: 28
du/ac)
No change: 28
du/ac)
Height
No change: (30
ft and for
accessory
buildings a
maximum height
of twenty feet
(20') or the
maximum height
of the main
building
whichever is
less).
Changing from 30 to
35 ft for main bldgs.
No change to
accessory (20 ft or
the maximum height
of the main building
whichever is less)
Changing from 40 to
50 ft for main
structures, unless
abutting R1 or R2
(then 35 ft). no
change to accessory
structures (30 ft)
Changing
from 30 to 35
ft for main
bldgs. No
change to
accessory
(20ft)
No change (50ft) Changing from 40 ft
to 50 ft for primary
and 20 to 30 ft for
accessory
Setbacks
Reduced: front-
15 ft (but 25 for
garage/accessor
y structures);
sides-10 ft (no
change); rear-15
ft. Sides/rear for
accessory-5 ft.
Corners-15 ft.
No change to 4
ft side and rear
for Accessory
Dwelling Units
(ADUs)
No change for SFDs
but reduced for
multifamily: front-10
ft (25 ft for garage);
sides-5 ft; rear-10 ft
(but 15 for multi-
story); corners- 10 ft.
Reducing distance
between structures
to 10 ft
No change for SFDs
but reduced for
multifamily: front-10
ft (25 ft for garage);
sides-5 ft; rear-10 ft
(but 15 for multi-
story); corners- 10 ft.
Reducing distance
between structures
to 10 ft
No change to
front (10 ft
single story &
15 for second
story).
Reducing side
from 10 ft to 5
ft. Rear stays
10 ft.
No change.
Front yards for single
& multi-story
buildings: 5 ft & 10 ft
on corner lots.
Rear and side yards:
None required
except where the
rear or side of a lot
abuts on an R1, R2,
or R3 district, in
which case such rear
or side yard shall be
that of the adjoining
zone.
No change.
Front yards for single
& multi-story
buildings: 5 ft & 10 ft
on corner lots.
Rear and side yards:
None required
except where the
rear or side of a lot
abuts on an R1, R2,
or R3 district, in
which case such rear
or side yard shall be
that of the adjoining
zone.
Page 149 of 193
2
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
Required
Site Area
No change Removing required
minimum area
Removing required
minimum area
Removing
minimum
required area
for residential
and Mixed-
Use.
No change for
commercial
(7k)
Commercial-6k/each
building or group of
buildings &a
minimum width of
sixty feet (60’) on
interior lots;7k & 70 ft
wide for corner lots
Residential and
Mixed-Use. No
minimum building
site area.
Mobile Home Parks-
Minimum of two (2)
acres.
No change
Allowed/-
Permitted
Uses
Allowed:
Multiple-family
residential
dwellings in the
form of
duplexes,
transitional
housing, and
supportive
housing on
corner lots.
Prohibited:
triplex,
fourplexes,
SROs, and
rooming and
boarding
houses.
Multifamily that
complies with
the design
standards are
permitted by
Allowed: SFDs
including
manufactured/modul
ar homes,
transitional housing,
and supportive
housing.
Allowed: Multiple-
family dwellings (i.e.,
duplexes, triplexes,
fourplexes,
condominiums,
apartments houses,
transitional housing,
supportive housing,
SROs, and rooming
or boarding houses.
multifamily that
complies with the
design standards are
permitted by right (no
UP/SDP).
Allowed: SFDs,
including
manufactured/modul
ar homes,
transitional housing,
and supportive
housing).
Allowed: Multiple-
family dwellings (i.e.,
duplexes, triplexes,
fourplexes,
condominiums,
apartments,
transitional housing,
supportive housing,
single-room
occupancies (SROs),
and rooming or
boarding houses).
Multi-family that
complies with the
design standards are
permitted by right (no
UP/SDP).
Allowed: Low
Barrier
Navigation
Centers
Allowed:
Multiple-
family
dwellings
(duplexes,
triplexes,
fourplexes,
condominium
s, apartment
houses,
transitional
housing,
supportive
housing,
SROs, and
rooming or
boarding
houses).
Multiple-
family
Allowed: Low Barrier
Navigation Centers
Allowed: Multiple-
family dwellings
(duplexes, triplexes,
fourplexes,
condominiums,
apartment houses,
transitional housing,
supportive housing,
SROs, and rooming
or boarding houses).
Multiple-family
dwellings that
comply with the
design t standards
are permitted by right
(no UP/SDP).
Allowed: daycares
Allowed: Small
emergency shelters;
Family daycares,
large and small
Allowed: Low Barrier
Navigation Centers
Allowed: Multiple-
family dwellings
(duplexes, triplexes,
fourplexes,
condominiums,
apartment houses,
transitional housing,
supportive housing,
SROs, and rooming
or boarding houses).
Multiple-family
dwellings that
comply with the
design t standards
are permitted by right
(no UP/SDP).
Allowed: daycares
Allowed: Small
emergency shelters;
Family daycares,
large and small
Page 150 of 193
3
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
right (no
UP/SDP).
Allowed: Family
daycares, large
and small
Allowed: Family
daycares, large and
small
Permitted: Multiple-
family dwellings that
do not comply with
the design standards
Allowed: : Family
daycares, large and
small
Permitted: Multiple-
family dwellings that
do not comply with
the design standards
dwellings that
comply with
the design t
standards are
permitted by
right (no
UP/SDP)
Allowed: :
Family
daycares,
large and
small
Allowed:
Small
emergency
shelters
Permitted:
Large
emergency
shelters
Permitted:
Multiple-
family
dwellings that
do not comply
with the
design
standards
Permitted: Large
emergency shelters
Permitted:Single-
family dwelling (i.e.,
single-family home,
manufactured/modul
ar home, transitional
housing, and
supportive housing).
Manufactured/modul
ar home shall comply
with the additional
development
standards
Permitted: Multiple-
family dwellings that
do not comply with
the design standards
Permitted: Mobile
home parks.
Permitted: Large
emergency shelters
Permitted:SFD (i.e.,
single-family home,
manufactured/modul
ar home, transitional
housing, and
supportive housing).
Manufactured/modul
ar home shall comply
with the additional
development
standards
Parking
No change for
SFD. Duplex is
reduced to
1.5/unit
SFD no change
(2/unit). Reducing
duplex & multifamily
parking: Duplex-
1.5/unit; multifamily-
1/unit
SFD no change
(2/unit). Reducing
duplex & multifamily
parking: Duplex-
1.5/unit; multifamily-
1/unit
No change for
commercial.
Adds
residential
parking: SFD-
2/unit;
Duplex-
1.5/unit;
No change to
commercial (?)
Adds residential
parking: SFD-2/unit;
Duplex-1.5/unit;
Multiple-Family-
1/unit .
No change to
commercial?
Adds residential
parking:
Multiple-Family
Dwelling: 1/unit
Page 151 of 193
4
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
Multiple-
Family-1
space/unit .
Removes
ADU parking
requirement
of 1 space
Removes ADU
parking requirement
of 1 space
Other
Adds standards
for
manufactured
homes
Adds standards for
manufactured
homes.
Adds standards for
manufactured
homes.
Lot coverage
increases
from 40% to
60%.
Adds
standards for
manufactured
homes.
Removes
landscape
plan
requirements
and relies on
design
standards
(see my
comment in
R3)
Clarifies language for
ensuring privacy.
Adds standards for
manufactured
homes.
Clarifies language for
ensuring privacy.
Adds standards for
manufactured
homes.
Page 152 of 193
1
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
FIGURE 1 CITY OF UKIAH LIMITS
Page 153 of 193
1
Housing Related Zoning Code Updates
Draft Initial Study and Negative Declaration
City of Ukiah
FIGURE 2. ZONING MAP
Page 154 of 193
2
Ukiah Western Hills Open Land Acquisition and Limited Development Agreement
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
Purpose of the Initial Environmental Study: This Initial Study has been prepared consistent
with CEQA Guidelines Section 15063, to determine if the Project, as proposed, would have a
significant impact upon the environment.
The environmental factors checked below would be potentially affected by this Project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
Aesthetics Agriculture & Forestry Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials
Hydrology/Water Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of
Significance
Summary of Findings: Section 15378 of the California Environmental Quality Act (CEQA)
defines a “Project” as an activity that (1) is a discretionary action by a governmental agency; and
(2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub.
Res. Code, § 21065). “Project” means the whole of an action, which has a potential for resulting
in either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment, and that is any of the following: An activity directly undertaken by any
public agency including but not limited to public works construction and related activities, clearing
or grading of land, improvements to existing public structures, enactment and amendment of
zoning ordinances, and the adoption and amendment of local General Plans or elements thereof
pursuant to Government Code Sections 65100–65700.
The Proposed Project includes Housing-related Zoning Code amendments to the City of Ukiah’s
Municipal Code in order to enacting both the City of Ukiah’s 2019-2027 Housing Element
Implementing Programs, and updates required for compliance with new State laws. The
amendments are designed to aid in meeting the City’s Regional Housing Needs Allocation
(RHNA) by facilitating the development of housing with streamlined review and are intended to
facilitate housing development within residential and commercial zoning districts through reduced
development standards (increasing maximum height, decreasing or eliminating required minimum
site area, and decreasing setbacks, parking and other development standards, in addition to
developing objective design and development standards for new residential development ).
Page 155 of 193
3
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
While the Proposed Project is intended to facilitate housing development within the City of Ukiah,
it does not include specific development designs or proposals, nor does it grant any entitlements
for development. Development could also result in impacts to the physical environment depending
on location, intensity, and other siting factors. However, the location, intensity, siting, and timing
of such development is unknown.
All future development associated with the proposed Zoning Code amendments would be in
residential or commercial zoning districts where housing development is already generally
allowed by right, or with an approved use permit and site development permit. Development could
also result in impacts to the physical environment depending on location, intensity, and other
siting factors. However, the exact intensity, location, size and timing of future development is
unknown. There are many possible scenarios and outcomes of the proposed Zoning Code
amendments. Therefore, a general analysis of impacts is provided in this Initial Study. All future
development would be analyzed on a project level basis for consistency with land use policies
and development standards, and would be subject to Building Permits for consistency with
building and safety codes. In addition, depending on the type of development, location, and zoning
district, future development could also require discretionary and environmental review of their
individual and cumulative environmental impacts, as applicable.
Based upon the analysis contained within this Initial Study/Negative Declaration, all potential
impacts resulting from the Proposed Project would be less than significant or would have no
impact.
IV. DETERMINATION
On the basis of the initial evaluation that follows:
Page 156 of 193
4
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
__X_ I find that the proposed Project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
____ I find that although the proposed Project could have a significant effect on the
environment, there will not be a significant effect in this case because mitigation measures
and project revisions have been identified that would reduce all impacts to a less than
significant level. A MITIGATED NEGATIVE DECLARATION will be prepared.
_____ I find that the proposed Project MAY have a significant effect on the environment. An
ENVIRONMENTAL IMPACT REPORT is required.
_____ I find that the proposed Project MAY have a “potentially significant impact” or
“potentially significant unless mitigated” impact on the environment, but at least one effect
1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but
it must analyze only the effects that remain to be addressed.
_____ I find that although the proposed Project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed adequately
in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b)
have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed Project,
nothing further is required.
Signature Date
Mireya G. Turner, Planning Manager
Planning & Community Development Department
City of Ukiah
mturner@cityofukiah.com
Page 157 of 193
5
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
V. EVALUATION OF ENVIRONMENTAL IMPACTS
The purpose of this Initial Study/Negative Declaration (IS/ND) is to provide an analysis of the
potential environmental consequences as a result of the proposed Project. The environmental
evaluation relied on the following categories of impacts, noted as column headings in the IS
checklist, in accordance with CEQA Guidelines Appendix G.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may
be significant. If there are one or more “Potentially Significant Impact” entries when the
determination is made, an EIR is required.
Less Than Significant With Mitigation Incorporated” applies where the incorporation of
mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than
Significant Impact.”
“Less Than Significant Impact” applies where the Project would not result in a significant effect
(i.e., the Project impact would be less than significant without the need to incorporate mitigation).
“No Impact” applies where the Project would not result in any impact in the category or the
category does not apply. This may be because the impact category does not apply to the
proposed Project (for instance, the Project Site is not within a surface fault rupture hazard zone),
or because of other project-specific factors.
1. Aesthetics
AESTHETICS. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) In nonurbanized areas, substantially degrade the existing
visual character or quality of public views of the site and its
surroundings? (Public views are those that are experienced
from publicly accessible vantage point). If the project is in an
urbanized area, would the project conflict with applicable
zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
Significance Criteria: Aesthetic impacts would be significant if the Project resulted in the
obstruction of any scenic vista open to the public, damage to significant scenic resources within
a designated State scenic highway, substantial degradation to the existing visual character or
Page 158 of 193
6
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
quality of the site and its surroundings from public views, or generate new sources of light or glare
that would adversely affect day or nighttime views in the area, including that which would directly
illuminate or reflect upon adjacent property or could be directly seen by motorists or persons
residing, working or otherwise situated within sight of the Project.
Environmental Setting: The City of Ukiah is located within the Ukiah Valley, and scenic
resources include not only the natural environment, but the built environment as well. One of the
most notable scenic resources in the City limits is the Western Hills. Views of expansive hillsides
to the north, east and south, mostly within the County’s jurisdiction, also surround the City. Some
hillsides are densely forested with evergreen trees, while others are relatively open in comparison,
dominated by mature oak trees set amid scrub and grasslands. Views on the Valley floor within
the City of Ukiah include those typical of existing residential and commercial development and
the majority of the land within the City limits is previously developed. In addition, some views of
agricultural land uses within the City limits, or immediately outside of City limits, are available.
Discussion: (a & c) Less than significant impact. Proposed Zoning Code amendments
including increasing allowable density per acre (in Medium Density Residential (R2) and
Community Neighborhood Commercial (CN) zoning districts), increasing maximum height,
decreasing or eliminating required minimum site area, and decreasing setbacks, parking and
other development standards, are intended to facilitate housing development within residential
and commercial zoning districts. Future development facilitated by the proposed amendments
have the potential to impact views of scenic resources, degrade the visual character, depending
on location, height, siting, design, proximity to public viewpoints and scenic resources, etc.
However, future housing development may require discretionary and environmental review (as
applicable) and impacts to aesthetics associated with those projects will be considered at that
time. All development will be subject to applicable zoning, subdivision and related ordinances,
regulating height, setbacks, and density, as well other development standards, established to
preserve the visual character within the City.
While multifamily residential projects may be allowed by right under the proposed amendments
in all residential and commercial zoning districts, they are required to be in compliance with the
proposed Objective Design and Development Standards for New Residential Construction
(referred to as “Objective Standards” and included in Attachment B); the Objective Standards
include provisions to ensure aesthetic compatibility including but not limited to: using specific color
pallets, landscaping requirements, lighting, screening of ancillary equipment and parking areas,
etc. If the multifamily development does not meet the Objective Standards, then the project
requires discretionary review and review by the Design Review Board to ensure aesthetic
compatibility. With adherence to development standards within the Zoning Code, the Objective
Standards for new multifamily residential development, and the discretionary and environmental
review process (as applicable), it can be assumed that all new development would generally be
consistent with the visual character of existing development within the City, and would not impact
scenic vistas.
As previously stated, the Western Hills contain the most notable scenic resources within the City.
The portion of the lands within the City’s jurisdiction in the Western Hills are zoned R1 with a
Hillside Combining District (-H). The intent of the –H District is to preserve outstanding natural
visual and physical features, such as the highest crest of a hill, natural rock outcroppings, major
tree belts, etc. The –H District contains strict development standard, including requiring
discretionary review of all residential development to ensure visual and natural resources are
Page 159 of 193
7
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
protected. The R1-H zoning district is not included proposed amendments. Therefore, scenic
resources within the Western Hills will not be impacted by the Proposed Project.
For the aforementioned reasons, the Project would not result in a significant impact to scenic
vistas, nor the visual character of the site or area. Impacts would be less than significant.
(b) No impact. According to the California Department of Transportation’s (Caltrans) State Scenic
Highway System Map, there are no designated state scenic highways within, or visible from the
City of Ukiah. In addition, there are no highways identified as eligible for state designation.
Therefore, the Project would not substantially damage scenic resources, including, but not limited
to, trees, rock outcroppings, and historic buildings within a state scenic highway. Lastly, the City’s
General Plan does not designate any local scenic roads in the Project area; no impact to scenic
resources within a designated scenic corridor would occur.
(d) Less than significant impact. New sources of light and glare associated with future
residential development could include building-mounted outdoor lighting, indoor residential
lighting, and new sources of glare from windows and cars. However, all lighting would be required
to be downshielded and comply with the Dark Skies Ordinance to protect nighttime views. In
addition, the Design Standards contain regulations for lighting to ensure multifamily development
does not create a significant source of lighting or glare. Sources of light and glare associated with
future residential development would be typical of those associated with typical residential
development in the City and would not be considered “substantial”. Therefore, impacts would be
less than significant.
Page 160 of 193
8
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
2. Agriculture and Forestry Resources
AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model
(1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture
and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental
effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection
regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy
Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California
Air Resources Board.
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section 12220(g)),
timberland (as defined by Public Resources Code section
4526), or timberland zoned Timberland Production (as defined
by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land
to non-forest use?
e) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use or conversion of forest land
to non-forest use?
Significance Criteria: The Proposed Project would have a potentially significant impact on
agricultural resources if it would convert prime farmland to a non-agricultural use, conflict with a
Williamson Act contract, or disrupt a viable and locally important agricultural use. The Project
would have a potentially significant impact on forestry resources if it would result in the loss,
rezoning or conversion of forestland to a non-forest use.
Environmental Setting: According to the Ukiah Valley Area Plan (UVAP; 2011), early agricultural
efforts in the Ukiah Valley included the raising of livestock, and the growing of various grains, hay,
alfalfa, and hops. When the Northwestern Pacific Railroad was completed in 1889; prunes,
potatoes, pears, and hops could be grown and sent to San Francisco and other regional markets.
Wine grapes were planted, and irrigation was practiced on a small scale. Through the 1950’s,
hops, pears, prunes and grapes were the most widely planted crops in the Ukiah Valley. After the
railroad was completed, lumber mills sprang up in the Ukiah Valley and became the major industry
in Mendocino County as trains took redwood logs and processed boards south to the San
Francisco region. Today, much of the active agricultural land in the UVAP planning area is located
on the valley floor and lower elevations along the Russian River system.
There are no zoning districts within the City limits for Agriculture or Timber Preserve. While there
is an overlay for agriculture in the Zoning Ordinance, it is not applied over any parcel within the
Page 161 of 193
9
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
City limits. There are a small number of City parcels which have current agricultural use, such as
existing vineyards. However, they are ongoing non-conforming uses within non-agricultural
zoning districts. According to the California Department of Conservation Farmland Mapping &
Monitoring Program, California Important Farmland Finder, the majority of lands within the City of
Ukiah are identified as “Urban Built-Up Land”, with the exception of some areas within the Western
Hills and the Airport Industrial Business Park, which are identified as “Grazing Land”. There are
two parcels within the City limits that are identified as “Prime Farmland”: APNs 00102063 and
18012004. APN 00102063 is located at 940 Low Gap Road and is part of the Russian River
Cemetery that is partially developed with agricultural uses, as well as a roadway and parking area.
APN 18012004 is a vacant parcel with some agricultural uses, located adjacent to 1825 Airport
Road within the Airport Industrial Business Park Master Plan Area.
Discussion: (a-e) Less than significant. Lands affected by the proposed zoning amendments
(commercial and residential zoned properties) are located within the “Urban Built-Up Land”
designation that is not identified as having agricultural value or uses. The parcels identified as
“Prime Farmland” and “Grazing Land” are either located within the Public Facilities zoning district,
the Hillside Overlay District, or within the Airport Industrial Business Park Master Plan area that
will not be included, nor impacted by the proposed zoning amendments. The “Prime Farmland”
designation is a combination of the active use, soils analysis and animal carrying capacity. While
there are parcels identified as ‘Prime Farmland’, there are no lands within the City of Ukiah under
Williamson Act Contracts. As such, the Project would not convert Farmland, conflict with existing
zoning for agriculture or forest land, and would not involve changes to the environment that would
result in the conversion of agricultural resources to non-agriculture uses. Therefore, impacts to
agricultural resources would be less than significant.
3. Air Quality
AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air
pollution control district may be relied upon to make the following determinations.
Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the applicable air
quality plan?
b) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-attainment
under an applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to odors)
adversely affecting a substantial number of people?
Significance Criteria: The Proposed Project would have a significant impact to air quality if it
would conflict with an air quality plan, result in a cumulatively considerable net increase of criteria
pollutant which the Mendocino County Air Quality Management District (MCAQMD) has
Page 162 of 193
10
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
designated as non-attainment, expose sensitive receptors to substantial concentrations of air
pollutants, or result in emissions that create objectionable odors or otherwise adversely affect a
substantial number of people.
Environmental Setting: The Project is located within the North Coast Air Basin (NCAB), which
includes Del Norte, Humboldt, Trinity, Mendocino, and northern Sonoma Counties, and is under
the jurisdiction of the Mendocino County Air Quality Management District (MCAQMD). The area’s
climate is considered Mediterranean, with warm, dry summers and cooler, wet winters. Summer
high temperatures average in the 90’s with high temperatures on very warm days exceeding 105
degrees. Summer low temperatures range between 50-60 degrees. Winter high temperatures
generally range in the 50’s and 60’s. The average annual temperature is 58 degrees. Winter cold-
air inversions are common in the valley from November to February.
Prevailing winds are generally from the north. Prevailing strong summer winds come from the
northwest; however, winds can come from the south and east under certain short-lived
conditions. In early autumn, strong, dry offshore winds may occur for several days in a row,
which may cause air pollution created in the Sacramento Valley, Santa Rosa Plain, or even San
Francisco Bay Area to move into the Ukiah Valley.
The MCAQMD, which includes the City of Ukiah and surrounding areas, is designated as non-
attainment for the State Standard for airborne particulate matter less than 10 microns in size
(PM10). Particulate matter (PM) has significant documented health effects. The California Clean
Air Act requires that any district that does not meet the PM10 standard make continuing progress
to attain the standard at the earliest practicable date. The primary sources of PM10 are wood
combustion emissions, fugitive dust from construction projects, automobile emissions and
industry. Non-attainment of PM10 is most likely to occur during inversions in the winter.
Regulation 1 of the MCAQMD contains three rules related to the control of fugitive dust:
• Rule 1-400(a) prohibits activities that "cause injury, detriment, nuisance or annoyance to
a considerable number of persons...or which endanger the...health or safety of...the
public…"
• Rule 1-430(a) prohibits activities which "...may allow unnecessary amounts of particulate
matter to become airborne..."
• Rule 1-430(b) requires that "...reasonable precautions shall be taken to prevent
particulate matter from becoming airborne…"
The MCAQMD provides the following significance thresholds for construction emissions:
1. 54 pounds per day of ROG (reactive organic gas)
2. 54 pounds per day of NOx (oxides of nitrogen as nitrogen dioxide)
3. 82 pounds per day of PM10 (particulate matter less than 10 microns in size)
4. 54 pounds per day of PM2.5 (airborne particulate matter with a diameter of 2.5
microns or less)
5. Best Management Practices for Fugitive Dust – PM10 and PM2.5
Discussion: (a-d) Less than significant impact. The Proposed Project includes amendments
to the Zoning Code that are designed to facilitate the development of housing to meet the current
and future housing needs. Future construction of additional housing within the City may result in
Page 163 of 193
11
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
short-term air quality impacts (associated with the use of construction equipment, vegetation
removal, grading, etc.) and additional long-term pollutants (typically associated with vehicle trips,
wood burning stoves, landscape and maintenance activities, etc.). However, each project that
involves the construction of housing will be subject to Building Permits to ensure consistency with
existing building codes requiring energy efficient and low emitting equipment and features for new
residential development. At such time, project-level analyses will be made to determine whether
that project will result in potentially significant impacts to air quality. MCAQMD has established
attainment criteria for pollutants and any increase in criteria emissions must address this issue.
Future development must remain in attainment for criteria pollutants. Residential construction
requires obtaining permits from the MCAQMD for grading and other activities. In addition,
MCAQMD has a set of standard Best Management Practices (BMPs) for construction projects
that are intended to reduce air quality impacts and ensure that projects remain in attainment with
air quality thresholds.
The MCAQMD has not established separate significance thresholds for cumulative operational
emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project
is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead,
a project’s individual emissions contribute to existing cumulatively significant adverse air quality
impacts. The MCAQMD developed the operational thresholds of significance based on the level
above which a project’s individual emissions would result in a cumulatively considerable
contribution to the North Coast Air Basin’s existing air quality conditions. Therefore, a project that
exceeds the MCAQMD operational thresholds would also be a cumulatively considerable
contribution to a significant cumulative impact. Because each individual construction project is
required to be in attainment with the established MCAQMD thresholds, it is not likely that
cumulative impacts would be significant.
With adherence to the aforementioned regulations, and others intended to reduce emissions and
impacts to air quality, impacts associated with the Proposed Project would be less than
significant.
4. Biological Resources
BIOLOGICAL RESOURCES. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional
plans, policies, regulations or by the California Department of
Fish and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally
protected wetlands (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
Page 164 of 193
12
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
BIOLOGICAL RESOURCES. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with established
native resident or migratory wildlife corridors, or impede the
use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan?
Significance Criteria: Project impacts upon biological resources would be significant if any of
the following resulted: substantial direct or indirect effect on any species identified as a candidate,
sensitive, or special status species in local/regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS) or
any species protected under provisions of the Migratory Bird treaty Act (e.g. burrowing owls);
substantial effect upon riparian habitat or other sensitive natural communities identified in
local/regional plans, policies, or regulations or by the agencies listed above; substantial effect
(e.g., fill, removal, hydrologic interruption) upon state or federally protected wetlands; substantially
interfere with movement of native resident or migratory wildlife species or with established native
resident or migratory wildlife corridors; conflict with any local policies/ordinances that protect
biological resources or conflict with a habitat conservation plan.
Environmental Setting: Parcels within the City limits typically contain small developed parcels.
While there are some small, vacant parcels, they are surrounded by urban development that offer
little wildlife habitat value. Larger parcels, contiguous parcels, and parcels located in the Western
Hills or adjacent to City creeks and Russian River tributaries do provide habitat for flora and fauna
species.
There are three main creeks, Orrs, Gibson and Doolin, that run through the City of Ukiah.
According to the National Wetlands Inventory, these creeks contain riparian habitat and possible
wetland areas. The creeks and bordering riparian areas, as well as the largely undeveloped
western hillside region of the City have the potential to support nesting birds, Steelhead trout
(Oncorhynchus mykiss), Foothill yellow-legged frog (Rana boylii), Red-bellied newt (Taricha
rivularis) and Western pond turtle (Emys marmorata). In addition, Chinook salmon (Oncorhynchus
tshawytscha), Russian River tule perch (Hysterocarpus traskii traskii), Pacific lamprey (Lampreta
tridenta), and Western pearlshell mussel (Margaritifera falcate) potentially occur in the nearby
Russian River.
In addition, database queries of CDFW’s California Natural Diversity Database (CNDDB) and the
California Native Plant Society’s (CNPS) Electronic Inventory of the City limits and its immediate
surroundings identify the following seven special-status plant species: Baker’s meadowfoam
(Limnanthes bakeri), Baker’s navarretia (Navarretia leucocephala bakeri), Burke’s goldfields
(Lasthenia burkei), Mendocino bush-mallow (Malacothamnus mendocinensis), North Coast
semaphore grass (Pleuropogon hooverianus), Raiche’s Manzanita (Arctostaphylos stanfordiana),
and Toren’s grimmia (Grimmia torenii).
Page 165 of 193
13
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Discussion: (a-d) Less than significant impact. Because most of the parcels within the City
Limits that are residential and commercial zoned are currently developed, it is unlikely that
biological resources would be impacted by future residential development. In addition, parcels
within the Western Hills (and R1-H zoning district) are not included in the proposed Zoning Code
updates. However, parcels along the Russian River and City creeks have a higher potential for
containing resources and development on these parcels has the potential to reduce wildlife habitat
and impact biological resources. However, at this time, location, intensity and timing of specific
housing development is not known.
If future development is proposed on vacant , undisturbed land, or within proximity to the
aforementioned creeks, additional environmental review would likely be required and impacts to
biological resources would be analyzed on a project level basis. As such, impacts to biological
resources from the Project would be less than significant.
(e-f) Less than significant impact. There are no adopted Habitat Conservation Plans for the
City of Ukiah, nor the larger Ukiah Valley that apply to future development facilitated as a result
of the Proposed Project. Impacts would be less than significant.
5. Cultural Resources
CULTURAL RESOURCES. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the significance of a
historical resource as defined in §15064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to §15064.5?
c) Disturb any human remains, including those interred outside
of dedicated cemeteries?
Significance Criteria: The proposed Project would significantly impact cultural resources if the
significance of a historical or archaeological resource were substantially changed, or if human
remains were disturbed.
Under CEQA, cultural resources must be evaluated to determine their eligibility for listing in the
California Register of Historic Resources (CRHR). If a cultural resource is determined ineligible
for listing on the CRHR the resource is released from management responsibilities and a project
can proceed without further cultural resource considerations.
As set forth in Section 5024.1(c) of the Public Resources Code for a cultural resource to be
deemed
“important” under CEQA and thus eligible for listing on the California Register of Historic
Resources
(CRHR), it must meet at least one of the following criteria:
Page 166 of 193
14
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
1) Is associated with events that have made a significant contribution to the broad patterns
of California History and cultural heritage; or
2) Is associated with the lives of persons important to our past; or
3) Embodies the distinctive characteristics of a type, period, region, or method of
construction, or represents the work of an important creative individual, or possess high
artistic value; or
4) Has yielded or is likely to yield, information important to prehistory or history.
Archaeological resources are commonly evaluated with regard to Criteria 4 (research potential).
Historic-era structures older than 50 years are most commonly evaluated in reference to Criteria
1 (important events), Criteria 2 (important persons) or Criteria 3 (architectural value). To be
considered eligible under these criteria the property must retain sufficient integrity to convey its
important qualities. Integrity is judged in relation to seven aspects including: location, design,
setting, materials, workmanship, feeling, and association.
Guidelines for the implementation of CEQA define procedures, types of activities, persons, and
public agencies required to comply with CEQA. Section 15064.5(b) prescribes that project effects
that would “cause a substantial adverse change in the significance of an historical resource” are
significant effects on the environment. Substantial adverse changes include both physical
changes to the historical resource, or to its immediate surroundings.
Public Resources Code Section 21083.2 also defines “unique archaeological resources” as “any
archaeological artifact, object, or site about which it can be clearly demonstrated that, without
merely adding to the current body of knowledge, there is a high probability that it meets any of
the following criteria:
• Contains information needed to answer important scientific research questions and show
that there is a demonstrable public interest in that information.
• Has a special and particular quality, such as being the oldest of its type or the best
available example of its type.
• Is directly associated with a scientifically recognized important prehistoric or historic event
or person."
This definition is equally applicable to recognizing “a unique paleontological resource or site.”
CEQA Section 15064.5 (a)(3)(D), which indicates “generally, a resource shall be considered
historically significant if it has yielded, or may be likely to yield, information important in prehistory
or history,” provides additional guidance.
Senate Bill 18 (SB 18) and Government Code 65352.3(a)(1) state that prior to the adoption or
any amendment of a city or county’s general plan, the city or county shall notify California Native
American tribes that are on the contact list maintained by the Native American Heritage
Commission to provide an opportunity for formal consultation for the purpose of preserving or
mitigating impacts to places, features, and objects described in Sections 5097.9 and 5097.995 of
the Public Resources Code that are located within the city or county’s jurisdiction.
Environmental Setting: The Ukiah Township lies in a valley of the Russian River, bounded on
the north by Calpella Township, on the east by Lake County, on the south by Sanel Township,
and on the west by Anderson Township. The City of Ukiah was first settled in 1856 by Samuel
Lowry. Initially incorporated into Sonoma County, an independent Mendocino County government
was established in 1859 with Ukiah as the chosen county seat. Logging, cattle, and agricultural
ventures contributed to the early settlement and growth of Ukiah throughout the remainder of the
19th century and early 20th century. 1889 is the date recorded for the first arrival of the train to
Page 167 of 193
15
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Ukiah, quickly resulting in increased settlement of the City and its environs. The City of Ukiah is
within the territory of the Northern Pomo. Permanent villages were often established in areas with
access to staple foods, often times along eco-tones (transitions between varying environments),
with access to good water, and generally flat land (Environmental Science Associates, 2013).
Areas that are most typically culturally sensitive include those adjacent to streams, springs, and
mid-slope benches above watercourses because Native Americans and settlers favored easy
access to potable water.
The late 19th century saw slow growth in the community, with a slight decline after the turn of the
century. The 1906 earthquake damaged a number of Ukiah buildings, particularly in the
commercial core, and considerable re-building and remodeling activity occurred after that time.
The City appears to have prospered in the following years, through the early 1920’s. The City
contains a number of Colonial Revival and Craftsman style derivations, popular during this era,
that reflect the community’s prosperity. An Historical and Architectural Survey Update was last
prepared for the City by P.S. Preservation Services in 1999. The survey identified 23 properties
with historic importance within the City limits. City Ordinance No. 838 was passed by the City in
1983, requiring that prior to the demolition of any building over 50 years old, the approval of the
City Council must be obtained. The ordinance is a positive preservation tool, allowing some review
and public input opportunity regarding the potential loss of historically significant buildings.
Discussion: (a-c) Less than significant impact. Because most of the parcels within the City
Limits that are residential and commercial zoned are currently developed, it is unlikely that cultural
resources would be impacted by future residential development. Parcels along City creeks have
a higher potential for containing cultural resources and may be impacted by future development
facilitated through the Zoning Code amendments in residential and commercial zoning districts.
However, there are many possible scenarios and outcomes of the proposed Zoning Code
amendments and the intensity, location, size and timing of future development is unknown. All
future development is subject to CEQA Guidelines Section 15064.5 (e-f) which specifically
addresses what to do in the event that human remains or archeological resources are accidentally
discovered, and City Ordinance No. 838, protecting historic buildings; future development would
be analyzed on a project level basis and subject to environmental review of their individual
impacts, as applicable.
The proposed Zoning Code amendments also require amendment to the City of Ukiah’s General
Plan to increase allowable building density. While the proposed changes include policy changes
to facilitate housing development, no development or physical changes to the environment are
proposed. However, in accordance with SB 18, tribal notifications offering the opportunity to
request formal consultation and an opportunity to review the proposed Zoning Code amendments
were sent to California Native American Tribes identified on the list maintained by the Native
Heritage Commission (NAHC) on April 22, 2021. The tribes have 90 days to request consultation;
no requests for consultation have been received to date. The list of tribes contacted are included
in Attachment 4.
For the reasons discussed above, impacts to Cultural Resources from the Proposed Project would
be less than significant.
Page 168 of 193
16
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
6. Energy
ENERGY. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in potentially significant environmental impact due to
wasteful, inefficient, or unnecessary consumption of energy
resources, during project construction or operation?
b) Conflict with or obstruct a state or local plan for renewable
energy or energy efficiency?
Significance Criteria: The Proposed Project would significantly impact energy if construction or
operation of the Project would result in wasteful, inefficient or unnecessary consumption of energy
resources or if the Project would conflict with a state or local plan for renewable energy or energy
efficiency.
Environmental Setting: Current building codes require energy efficiency systems to be included
in their plans for permit review. These building codes are regularly updated, statewide through
California Building Energy Efficiency Standards for Residential and Nonresidential Buildings
(California Code of Regulations, Title 24, Part 6), commonly referred to as “Title 24”. In general,
Title 24 requires the design of building shells and building components to conserve energy, with
standards to promote better windows, insulation, lighting, ventilation systems, and other features
that reduce energy consumption in homes and businesses. The standards are updated
periodically to allow consideration and possible incorporation of new energy efficiency
technologies and methods. The current Title 24 regulations and Building Energy Efficiency
Standards promote photovoltaic systems in newly constructed residential buildings. The City’s
Electric Utility Department has a solar rebate program for residents and business owners to
encouraged local consumers to increasingly rely on renewable resources for their direct power
needs.
Discussion: (a-b) Less than significant impact. The Proposed Project, including the
Development Agreement, does not include specific development designs or proposals, nor does
it grant any entitlements for development. Generally speaking, future residential construction
would consume energy in two general forms: (1) the fuel energy consumed by construction
vehicles and equipment; and (2) once constructed, future residential uses would consume energy
for interior and exterior lighting, HVAC systems, refrigeration, electronics systems, appliances,
and security systems, among other common household features. However, future housing
projects will be analyzed on a project level basis subject to the City’s building and safety codes,
as well as the California Air Resources Board (CARB) and Environmental Protection Agency
(EPA) emissions standards. Additionally, new residential development must comply with Title 24
Building Energy Efficiency Standards, which provide minimum efficiency standards related to
various building features, including appliances, water and space heating and cooling equipment,
building insulation and roofing, and lighting. Implementation of these regulations significantly
reduces energy usage. In addition, residents would have access to the City’s solar rebate program
to incentivize the use of renewal energy.
With adherence to the aforementioned regulations, and others intended to reduce energy
consumption, impacts from the Proposed Project related to energy consumption would be less
than significant.
Page 169 of 193
17
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
7. Geology and Soils
GEOLOGY AND SOILS. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Directly or indirectly cause potential substantial adverse
effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42?
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial direct
or indirect risks to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
f) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
Significance Criteria: The Proposed Project would result in a significant impact to geological or
soil resources if it exposed people or structures to seismic risk; ruptured a known fault; produced
strong seismic ground shaking, ground failure, liquefaction, landslides or substantial soil erosion;
is located on expansive soil or unstable ground, or would create unstable ground; or destroyed a
unique paleontological resource or geologic feature.
Environmental Setting: The larger Ukiah Valley is part of an active seismic region that contains
the Mayacama Fault, which traverses the valley in a generally northwest-southeast direction east
of the Project area. Based on California Geological Survey maps and the Background Report for
the County of Mendocino General Plan Update (prepared by P.M.C., 2003), the City of Ukiah is
outside of known areas of historic faults, Holocene Fault, Late Quaternary Fault and the Alquist-
Priolo Earthquake Fault Zone. It is also removed from the known areas of active and dormant
Page 170 of 193
18
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
landslide reports. Slope instability hazards are not a concern, with the exception of the Hillside
Overlay District within the Western Hills.
Discussion: (a-f) Less than significant impact. Parcels within the Valley floor that are within
residential and commercial zoning districts (and included in the proposed Zoning Code
amendments) are not located in a California Earthquake Fault Zone and not susceptible to
liquefaction or strong seismic ground shaking. Because most of the parcels within the City Limits
that are residential and commercial zoned are currently developed, it is unlikely that unique
paleontological resources would be impacted by future residential development. In addition,
parcels within the Western Hills (and R1-H zoning district) containing more diverse geological
features are not included in the proposed Zoning Code updates.
Additionally, a Building Permit is required for new construction which will ensure all activities are
in compliance with building and seismic safety codes. New development within the City will
connect to the existing sewer and water systems. The Building Permit process (and discretionary
review process, as applicable) will include review of site plans by internal and external
departments and agencies to ensure compliance with all applicable local, state and federal safety
standards. Additionally, future residential projects that may require vegetation removal and
grading, or be adjacent to creeks will be required to adhere to Ukiah City Code, Division 9, Chapter
7, Erosion and Sediment Control, which requires submittal of sediment and erosion plans
identifying Best Management Practices (BMPs) to reduce soil erosion and water runoff.
For the above reasons, impacts to geology and soils would be less than significant.
8. Greenhouse Gas Emissions
GREENHOUSE GAS EMISSIONS. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse
gases?
Significance Criteria: The Project would have a significant effect on greenhouse gas emissions
if it would generate greenhouse gas emissions (GHG), either directly or indirectly, that may have
a significant impact on the environment; or conflict with an applicable plan, policy, or regulation
adopted for the purpose of reducing the emissions of GHGs.
Environmental Setting: Climate change is caused by greenhouse gases (GHGs) emitted into
the atmosphere around the world from a variety of sources, including the combustion of fuel for
energy and transportation, cement manufacturing, and refrigerant emissions. GHGs are those
gases that have the ability to trap heat in the atmosphere, a process that is analogous to the way
Page 171 of 193
19
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
a greenhouse traps heat. GHGs may be emitted a result of human activities, as well as through
natural processes. Increasing GHG concentrations in the atmosphere are leading to global
climate change.
Carbon dioxide (CO2) is the most important anthropogenic GHG because it comprises the majority
of total GHG emissions emitted per year and it is very long-lived in the atmosphere. Typically,
when evaluating GHG emissions they are expressed as carbon dioxide equivalents, or CO2e,
which is a means of weighting the global warming potential (GWP) of the different gases relative
to the global warming effect of CO2, which has a GWP value of one. In the United States, CO2
emissions account for about 85 percent of the CO2e emissions, followed by methane at about
eight percent, and nitrous oxide at about five percent.
The state of California has adopted various administrative initiatives and legislation relating to
climate change, much of which set aggressive goals for GHG emissions reductions statewide.
Although lead agencies must evaluate climate change and GHG emissions of projects subject to
CEQA, the CEQA Guidelines do not require or suggest specific methodologies for performing an
assessment or specific thresholds of significance and do not specify GHG reduction mitigation
measures. No state agency has developed binding regulations for analyzing GHG emissions,
determining their significance, or mitigating significant effects in CEQA documents. Thus, lead
agencies exercise their discretion in determining how to analyze GHGs. Because there are no
adopted GHG thresholds applicable to the Project, and the proposed development is considered
“small scale”, the below qualitative analysis is appropriate.
Discussion: (a-b) Less than significant impact. Construction activities associated with future
housing development could result in direct and indirect emissions of GHG emissions. Direct
project-related GHG emissions generally include emissions from construction activities, area
sources, and mobile sources, while indirect sources include emissions from electricity
consumption, water demand, and solid waste generation. However, as discussed in Section 3,
Air Quality, of this Initial Study, future residential construction would be subject to regulations of
the Mendocino County Air Quality Management District (MCAQMD), which is responsible for
enforcing the state and federal Clean Air Acts as well as local air quality protection regulations.
Additionally, future residential uses would be required to adhere to all federal, state, and local
requirements for energy efficiency, including the Title 24 Building Energy Efficiency Standards.
Therefore, the Proposed Project, including potential future residential development facilitated
through the Zoning Code amendments, would not result in a significant impact to GHG emissions.
Impacts would be less than significant.
9. Hazards and Hazardous Materials
HAZARDS AND HAZARDOUS MATERIALS. Would the
project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
Page 172 of 193
20
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
HAZARDS AND HAZARDOUS MATERIALS. Would the
project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project result in
a safety hazard or excessive noise for people residing or
working in the project area?
f) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan?
g) Expose people or structures, either directly or indirectly, to
a significant risk of loss, injury or death involving wildland
fires?
Significance Criteria: The Project would result in significant hazards or hazardous materials
impacts if it exposed people to hazardous materials or placed them into hazardous situations; if it
released hazardous materials or emissions into the environment or within 0.25 miles of a school;
if it is located on a listed hazardous materials site; if it would create a hazard due to its proximity
to a public airport or private airstrip; if it would create excessive noise for people in the area; if it
would interfere with an emergency response or evacuation plan; or if it would expose people or
structures to significant risks due to wildland fire.
Environmental Setting: Mendocino County has adopted numerous plans related to hazard
management and mitigation including, but not limited to: Community Wildfire Protection Plan,
Hazardous Waste Management Plan, Operational Area Emergency Plan, etc. The most recent
plan, the Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was adopted
by the County in December, 2020. The MJHMP provides an explanation of prevalent hazards
within the County, identifies risks to vulnerable assets, both people and property, and provides a
mitigation strategy to achieve the greatest risk reduction based upon available resources. The
four cities within Mendocino County, including the City of Ukiah, participated in preparation of the
MJHMP to individually assess hazards, explore hazard vulnerability, develop mitigation
strategies, and create their own plan for each respective city (referred to as a “jurisdictional annex”
to the MJHMP). The City of Ukiah adopted its jurisdictional annex chapter of the MJHMP on
November 18, 2020. Hazards identified for the City if Ukiah include earthquakes, wildfire, dam
failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and
mitigation action for City of Ukiah.
The Ukiah Municipal Airport is located within the City of Ukiah jurisdictional limits. The Ukiah
Municipal Airport Master Plan and the Ukiah Airport Land Use Compatibility Plan (ALUCP),
identify areas with potential hazards, known as “Compatibility Zones” and impacts to persons
using or working within the Airport Influence Area (AIA).
Page 173 of 193
21
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Under Government Code Section 65962.5, both the State Water Resources Control Board and
the California Department of Toxic Substances Control are required to maintain databases of sites
known to have hazardous substances present in the environment. According to the State Water
Resources Control Board (SWRCB) GeoTracker and the California Department of Toxic
Substances Control (DTSC) EnviroStor databases, there are 21 listed hazardous sites within the
City of Ukiah; these include gas stations, automobile dismantling and salvage yards, sites
associated with the railroad, the waste disposal and transfer station, etc.
All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None
of the lands within the City of Ukiah are located within a California Department of Forestry
(CalFire) State Responsibility Area (SRA). However, County lands immediately west of the City
are located within the SRA and are classified as having a “Very High” fire hazard severity.
Discussion: (a-b) Less than significant impact. Construction activities and future residential
uses facilitated by the proposed Zoning Code amendments would require the routine transport,
use, storage, and disposal of small quantities of hazardous materials common for equipment and
property maintenance and operation, such as gasoline, diesel fuel, hydraulic fluids, oils,
lubricants, cleaning solvents and supplies, pesticides, fertilizers, paint, etc. However, the types
and quantities of materials to be used are not expected to pose a significant risk to the public
and/or environment and would be managed in accordance with federal, state, and local
regulations. Therefore, impacts would be less than significant.
(c) Less than significant impact: As discussed in Section 15, Public Services, of this Initial
Study, there are several schools within the City of Ukiah. Future residential construction could be
located within 0.25-mil of an existing school. However, construction activities would be required
to transport and use routine hazardous materials in accordance with all applicable regulations.
Adherence to these regulations would ensure that impacts to schools regarding hazardous
materials are less than significant.
(d) Less than significant impact. As previously noted, there are 21 hazardous sites listed in the
City of Ukiah including auto wrecking yards, gas stations, the refuse transfer station, sites
associated with the railroad, etc. Because these sites are currently developed with industrial and
commercial uses, it is not likely that they will be developed with residential land uses. Additionally,
if a residential project were to be proposed at one of the listed sites, clean-up to remove the
hazard would be required by the SWRCB and DTSC. Impacts would be less than significant.
(e) Less than significant impact. The ALUCP identifies five Compatibility Zones with varying
risks and development restrictions. Generally speaking, the Compatibility Zones encompass
south Ukiah, including residential and commercial zoned properties subject to the proposed
Zoning Code amendments. However, all development would be required to be compatible with
the Ukiah Municipal Airport Master Plan and ALUCP. Impacts would be less than significant.
(f) Less than significant impact. There are no components of the Project that would impair or
interfere with emergency response or evacuation. Since the Project is limited to within the City
limits, future residential development would be required to be designed in accordance with state
and local standards, including safety and emergency access requirements, and are within existing
service areas of emergency responders. There are no components of the Project that would
impair implementation of, or physically interfere with, the adopted MJHMP or other emergency
response plan or evacuation plan. Impacts would be less than significant.
Page 174 of 193
22
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
(g) Less than significant impact with mitigation incorporated. The Project Area is entirely
within the jurisdiction of the Ukiah Valley Fire District. Future residential development would be
required to adhere to all fire safety standards. See Section 20, Wildfire, for more information.
Impacts would be less than significant.
10. Hydrology and Water Quality
HYDROLOGY AND WATER QUALITY: Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade surface or
ground water quality?
b) Substantially decrease groundwater supplies or interfere
substantially with groundwater recharge such that the project
may impede sustainable groundwater management of the
basin?
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river or through the addition of impervious surfaces,
in a manner which would:
i) result in a substantial erosion or siltation on- or off-site;
ii) substantially increase the rate or amount of surface runoff in
a manner which would result in flooding on- or offsite;
iii) create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff; or
d) In flood hazard, tsunami, or seiche zones, risk release of
pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water quality
control plan or sustainable groundwater management plan?
Significance Criteria: The Project would significantly impact hydrology and water quality if it
violated water quality standards or waste discharge requirements or substantially degraded
surface or groundwater quality; substantially decreased groundwater supplies or impeded
sustainable groundwater management; altered drainage patterns in a manner that would cause
substantial on- or off-site erosion, polluted runoff or excessive runoff that caused flooding;
impeded or redirected flood flows; risked a release of pollutants due to inundation if in a flood
hazard, tsunami or seiche zone; or conflicted with a water quality plan or sustainable groundwater
management plan.
Environmental Setting: Average rainfall in Ukiah is slightly less than 35 inches. Most of the
precipitation falls during the winter. Rainfall is often from brief, intense storms, which move in from
the northwest. Virtually no rainfall occurs during the summer months.
Page 175 of 193
23
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
The Project area includes the Russian River Hydrologic Unit, Upper Russian River Hydrologic
Area, Ukiah Hydrologic Subarea. The Russian River is on the State Water Resources Control
Board’s (SWRCB) 303(d) list of impaired water bodies for water temperature and
sedimentation/siltation. Sediment impairments in tributaries led to listing the entire Russian River
Watershed for sediment. Surface water supplies for the Ukiah Valley include the Eel River, from
which water is diverted into the Russian River watershed through the Potter Valley Project, Lake
Mendocino, and the Russian River. Groundwater is drawn from the Ukiah Valley groundwater
basin. The Ukiah Valley groundwater basin is the northernmost basin in the Russian River water
system and underlies an area of approximately 60 square miles. Water enters the groundwater
system via percolation of surface waters and through the soil. The creeks and streams in the
Ukiah Valley provide drainage channels for groundwater recharge, as well as domestic and
agricultural water supply. A groundwater Management Plan has not been prepared for the City,
nor County of Mendocino, but according to the 2015 Urban Water Management Plan for the City,
based on historical data and use, there is adequate groundwater to serve the City’s existing and
future demand.
Discussion: (a-c & e) Less than significant impact. The Project does not include specific
development designs or proposals, nor does it grant any entitlements for development. Future
housing projects will be subject to the City’s development standards and building and safety
codes, including review of storm water management practices and waste discharge requirements,
where applicable. Specifically, projects that include the addition of 10,000 sf of impermeable
surfaces or more are subject to Low Impact Development standards to ensure stormwater runoff
is adequately captured and filtered before entering the drainage system. Further, if a project
proposes work within a drainage or waterway, the applicant will be required to obtain regulatory
permits from the Water Resources Control Board, California Department of Fish and Wildlife and
U.S. Army Corps of Engineers, as applicable. Therefore, impacts to water quality, groundwater
and drainage would be less than significant.
City water services exist to service all properties located within the City limits. As mentioned
above, according to the 2015 Urban Water Management Plan for the City, there is adequate
groundwater to serve the City’s existing and future demand. Therefore, the Project would not
substantially deplete groundwater resources or conflict with the Urban Water Management Plan;
impacts would be less than significant.
(d) Less than significant impact. As described above, the Project is not located within a tsunami
or seiche hazard zone, as identified by the Federal Emergency Management Agency. Some areas
within City limits are within a FEMA flood zone. All development within a flood zone must adhere
to all safety and building codes related to construction within a flood zone. Impacts would be less
than significant.
11. Land Use and Planning
LAND USE AND PLANNING. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Physically divide an established community?
Page 176 of 193
24
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
b) Cause a significant environmental impact due to a conflict
with any land use plan, policy, or regulation adopted for the
purpose of avoiding or mitigating an environmental effect?
Significance Criteria: The Project would significantly impact land use if it physically divided an
established community or conflicted with a land use plan, policy or regulation intended to avoid
or mitigate an environmental impact, such as the general plan or zoning code.
Environmental Setting: The City of Ukiah includes approximately 4.72 square miles. It serves
as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant
land uses in the City include single family residential, multi-family residential, and commercial
uses ranging from local commercial to service commercial, as well manufacturing, industrial and
public facilities. The City’s first General Plan was originally adopted in 1974, updated in 1995, and
was last amended in 2019, with adoption of the 2019-2027 Housing Element. The General Plan
serves as a blueprint for future development and growth of the community. The City is currently
in the process of completing a General Plan Update (the “2040 General Plan”) that will map out
the vision for community development through 2040; until the new General Plan is adopted, the
1995 General Plan (as amended in 2019) is considered the applicable plan. Zoning and land use
are governed by the City’s Zoning Ordinance, as outlined in Division 9, Chapter 2 of the Ukiah
City Code. The purpose of the Ukiah Zoning Code is to promote the growth of the City in an
orderly manner and to promote and protect the public health, safety, peace, comfort and general
welfare. Housing development of varying intensity is allowed in all zoning districts of the Ukiah
Zoning Code with the exception of the Manufacturing and Industrial Zoning Districts.
Discussion: (a) Less than significant impact. Physical division of an existing community would
typically be associated with construction of a new highway, railroad, park or other linear feature.
The Project area is mostly developed with existing roads and parks. The Project does not propose
new linear features that would result in the division of an established community. Impacts would
be less than significant.
(b) Less than significant. The Project includes amendments to the Zoning Code to encourage
and support housing development, designed to ensure fulfillment of the City’s share of the
Regional Housing Needs Allocation (RHNA). The Project includes multiple Implementation Tasks
approved in the 2019-2027 General Plan Housing Element. Specifically, the Project proposes
several zoning code updates including increasing maximum height, decreasing or eliminating
required minimum site area, and decreasing setbacks, parking and other development standards,
are intended to facilitate housing development within residential and commercial zoning districts.
In addition to the Zoning Code updates, the Project includes a General Plan Amendment to
increase housing density in the Medium Density Housing from 14 to 15 du/acre, in order to
maintain synchronicity between the General Plan and Zoning Code, as well as comply with
existing housing-related state laws Because the amendments are General Plan Housing Element
Implementation Tasks, the Project would not conflict with a land use plan, policy or regulation
intended to avoid or mitigate an environmental impact, such as the general plan or zoning code.
Impacts would be less than significant.
Page 177 of 193
25
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
12. Mineral Resources
MINERAL RESOURCES. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
state?
b) Result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
Significance Criteria: Impacts to mineral resources would be considered significant if the
proposed Project were to result in the loss of a known mineral resource that has value to the
region and state or is otherwise locally important as designated on a local land use plan.
Environmental Setting: The most predominant of the minerals found in Mendocino County are
aggregate resource minerals, primarily sand and gravel, found along many rivers and streams.
The Ford Gravel Bars are located in Ukiah, along the Russian River.
Discussion: (a-b) No impact. Future development associated with the zoning code amendments
would be located within residential and commercial zoned areas, which do not contain mineral
resources.
No impact would occur.
13. Noise
NOISE. Would the project result in: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the
project in excess of standards established in the local
general plan or noise ordinance, or applicable standards
of other agencies?
b) Generation of excessive ground borne vibration or
ground borne noise levels?
c) For a project located within the vicinity of a private
airstrip or an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport
or public use airport, would the project expose people
residing or working in the project area to excessive noise
levels
Significance Criteria: The Project would have a significant impact if it temporarily or permanently
exceeded local noise standards in the vicinity of the Project, generated excessive ground borne
noise or vibration; or would expose people residing or working in the area to excessive noise
levels from public airports or private airstrips.
Page 178 of 193
26
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Environmental Setting: The Ukiah City Code contains a Noise Ordinance (Division 7, Chapter
1, Article 6) that establishes ambient base noise level standards that apply to specific zoning
districts within the City of Ukiah. “Ambient noise" is the all-encompassing noise associated with a
given environment, being usually a composite of sounds from many sources near and far. For the
purpose of the Noise Ordinance, ambient noise level is the level obtained when the noise level is
averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable
sources, at the location and time of day near that at which a comparison is to be made. Land uses
exceeding these standards for long periods of time are considered to be significant.
In addition, UCC §6054, Construction of Buildings and Projects, states that it shall be unlawful for
any person within a residential zone, or within a radius of five hundred feet (500’) therefrom, to
operate equipment or perform any outside construction or repair work on buildings, structures or
projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or
any other construction type device (between the hours of 7:00 p.m. of one day and 7:00 a.m. of
the next day) in such a manner that a reasonable person of normal sensitiveness residing in the
area is caused discomfort or annoyance unless beforehand a permit therefor has been duly
obtained from the Director of Public works.
Table 2. City of Ukiah Ambient Base Noise Levels
Zoning Districts Time Period Noise Level Standards (dBA)
R1 and R2
10:00 PM - 7:00 AM
7:00 PM - 10:00 PM
7:00 AM-7:00 PM
40
45
50
R3 10:00 PM - 7:00 AM
7:00 AM - 10:00 PM
45
50
Commercial 10:00 PM - 7:00 AM
7:00 AM - 10:00 PM
60
65
Industrial &
Manufacturing
Any time
70
Source: Ukiah City Code §6048
Discussion: (a) Less than significant impact. The Project does not propose residential
construction; though it encourages and supports housing development. Construction activities are
generally temporary, resulting in periodic increases in the ambient noise environment.
Construction noise impacts generally occur when construction activities occur in areas
immediately adjoining noise-sensitive land uses, during noise-sensitive times of the day, or when
construction activity occurs at the same precise location over an extended period of time (e.g.,
pile driving in one location for 8-10 hours in a day, or over a duration of several successive days).
Certain land uses, including schools, hospitals, rest homes, long-term medical and mental care
facilities, and parks and recreation areas are particularly sensitive to noise. Residential areas are
also considered noise sensitive, especially during the nighttime hours. However, all future
construction would be considered temporary and required to adhere to noise regulations.
Additionally, noise sources associated with typical residential land uses (e.g., mechanical
equipment, dogs/pets, landscaping activities, cars parking, etc.) are typically intermittent and short
in duration, and would be comparable to existing sources of noise experienced at surrounding
commercial and residential uses. Therefore, noise impacts would be less than significant.
Page 179 of 193
27
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
(b) Less than significant impact. Residential construction can generate varying degrees of
ground borne vibration, depending on the construction procedure and the construction equipment
used. Operation of construction equipment generates vibrations that spread through the ground
and diminish in amplitude with distance from the source. The results from vibration can range
from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible
vibration at moderate levels, to slight damage at the highest levels. However, future residential
construction is anticipated to use typical construction equipment for temporary periods of time
that would not be considered excessive. Therefore, impacts would be less than significant.
(c) Less than significant impact. Ukiah Municipal Airport is contained within the Project Area.
All future development must be consistent with the 2020 Ukiah Municipal Airport Land Use
Compatibility Plan (UKIALUCP), adopted by the Mendocino County Airport Land Use Commission
on May 20, 2021. The UKIALUCP establishes criteria that reduce the potential exposure of people
to excessive aircraft-related noise by limiting residential densities (dwelling units per acre),
establishing interior noise level limits, and restricting other noise-sensitive land uses in locations
exposed to noise levels in excess of 60 dB CNEL.
Based on this information, the Project would not expose people residing or working in the Project
area to excessive noise levels associated with aircraft. Impacts would be less than significant.
14. Population and Housing
POPULATION AND HOUSING. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Induce substantial unplanned population growth in an area,
either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing people or housing,
necessitating the construction of replacement housing
elsewhere?
Significance Criteria: The proposed Project would result in significant impacts to the local
population or housing stock if it directly or indirectly induced substantial unplanned population
growth or displaced a substantial number of people or housing such that the construction of
replacement housing would be required.
Environmental Setting: The City of Ukiah comprises of approximately 4.72 square miles within
Mendocino County. According to the California Department of Finance, the population in the
County of Mendocino was 59,985 in 2018 and 16,226 in the City of Ukiah. The City’s annual
growth rate between 1990 and 2018 averaged approximately 0.3%. Between 2000 and 2010, the
City added 545 residents, or 3.7%, to its population. Overall, the City of Ukiah’s population has
increased moderately over the past nearly 30 years, with a more accelerated increase in the last
four years. Projections from the California State University Chico Center for Economic
Development- Mendocino County Economic/Demographic Profile show this trend continuing.
As described in the City’s 2019-2027 Housing Element (2019), under California law, every city
and county has a legal obligation to respond to its fair share of the projected future housing needs
Page 180 of 193
28
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
in the region in which it is located. For Ukiah and other Mendocino County jurisdictions, the
regional housing need allocation (RHNA) is determined by the Mendocino Council of
Governments (MCOG), based upon an overall regional need number established by the State.
The fair share numbers establish goals to guide local planning and development decision making.
MCOG identified the City’s RHNA as accommodating 239 additional units within the 2019-2027
Planning Cycle. Specifically, the City of Ukiah is responsible for identifying adequate sites, with
appropriate zoning, to support 86 very low-income housing units and 72 low-income housing
units, for a total of 158 lower income housing units, and 49 moderate-income and 32 above
moderate-income housing units, for a total of 81 moderate and above moderate housing units.
Discussion: (a & b) Less than significant impact. The proposed housing-related Zoning Code
amendments are regulatory in nature, they do not propose any new development, construction,
or physical change to the environment that would result in unplanned population growth. Although
no development is proposed at this time, for this analysis it is assumed that future development
would result in construction and development of residential uses throughout the Project Area.
The Project will result in a Zoning Code that is consistent with the Ukiah General Plan Housing
Element. Future housing development must comply with the Zoning Code, resulting in planned
development, including accessing existing utility infrastructure. Extension of utilities would be
limited to new connections to the existing infrastructure, and would not directly induce substantial
unplanned development and population growth in the area. Increasing the density of Medium
Density Residential areas could result in additional development; however, this development
would be located within the City limits and would be serviced by existing infrastructure. The
potential future development would enable the City to meet its RHNA requirements for the 2019-
2027 housing cycle. Displacement of existing people and/or housing is not part of the Project. For
the aforementioned reasons, the Proposed Project would not induce substantial unplanned
population growth in an area, either directly or indirectly. Impacts would be less than significant.
15. Public Services
PUBLIC SERVICES. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental
facilities, need for new or physically altered governmental
facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for any
of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Page 181 of 193
29
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Significance Criteria: The Project would result in a significant impact to public services if it
resulted in a requirement for increased or expanded public service facilities or staffing, including
fire or police protection, schools and parks.
Environmental Setting: Police protection services for the entire City limits is provided by the
Ukiah Police Department, while the Mendocino County Sherriff’s Department provides police
services for areas outside of the City limits. Fire protection services in the Ukiah Valley are
provided by the Ukiah Valley Fire Authority and California Department of Forestry and Fire
Protection (CalFire). Educational facilities in the Ukiah Valley area are provided by the Ukiah
Unified School District (UUSD), County Office of Education, and the Mendocino-Lake Community
College District. There are also several private and charter schools serving residents within the
City of Ukiah, as well as the unincorporated portions of Mendocino County. As mentioned below
in Section 16, Recreation, of this Initial Study, there are 13 City parks, a municipal golf course,
and a skate park managed by the City of Ukiah, as well as other recreational facilities in the area.
Discussion: (a) Less than significant impact. Although no development is proposed at this
time, it is assumed that future development would result in construction and development of
residential uses throughout the Project Area. New residential uses would be served by the City’s
Police Department and the Ukiah Valley Fire authority. This minimal increase in service area
would not be considered significant, as the majority or the parcels within the City are currently
developed and served by police and fire services.
Similarly, it is not anticipated that the additional residential units, currently already being served
by existing school districts, would result in a significant impact to school services.
As such, the Project would have a less than significant impact on public services.
16. Recreation
RECREATION. Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Would the project increase the use of existing neighborhood
and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or
be accelerated?
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which might
have an adverse physical effect on the environment?
Significance Criteria: Impacts to recreation would be significant if the Project resulted in
increased use of existing parks or recreational facilities to the extent that substantial deterioration
was accelerated or if the Project involved the development or expansion of recreational facilities
that would have an adverse effect on the physical environment.
Environmental Setting: The Ukiah Valley offers a wide variety of recreational opportunities.
These include more than 13 City parks, a municipal golf course, and a skate park managed by
Page 182 of 193
30
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
the City of Ukiah; two regional parks managed by the County; Cow Mountain Recreation Area
managed by the Bureau of Land Management; and Lake Mendocino managed by the US Army
Corps of Engineers. In addition, there are approximately 30 miles of trails located throughout the
Ukiah Valley.
Discussion: (a-b) Less than significant impact. The Project does not propose any recreational
facilities at this time. However, the Housing-related Zoning Code Amendments support and
encourage housing development. The increase in population would not be considered significant.
As such, impacts would be less than significant on park facilities.
17. Transportation
TRANSPORTATION. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit, roadway,
bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines § 15064.3,
subdivision (b), Criteria for Analyzing Traffic Impacts?
c) Substantially increase hazards due to a geometric design
feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Significance Criteria: Impacts to transportation and traffic would be significant if the Project
conflicted with a local plan, ordinance or policy addressing transit, roadway, bicycle and
pedestrian facilities; conflicted with CEQA Guidelines Sec. 15064.3(b), which contains criteria for
analyzing transportation impacts; substantially increased hazards due to geometric design
features; or resulted in inadequate emergency access.
Traditionally, transportation impacts had been evaluated by using Level of Service (LOS) analysis
to measure the level of congestion on local roadways. However, on September 27, 2013,
Governor Jerry Brown signed Senate Bill (SB) 743 into law, initiating an update to the CEQA
Guidelines to change how lead agencies evaluate transportation impacts under CEQA, with the
goal to better measure the actual transportation-related environmental impacts of a given project.
Starting July 1, 2020, lead agencies are required to analyze the transportation impacts of new
projects using vehicle miles traveled (VMT), instead of LOS. VMT measures the amount of
additional miles produced by the project. If the project increases car travel onto the roads
excessively, the project may cause a significant transportation impact. VMT analysis is intended
to promote the state’s goals of reducing greenhouse gas emissions and traffic-related air pollution,
promoting the development of a multimodal transportation system, and providing clean, efficient
access to destinations.
In 2018, the Office of Planning and Research (OPR) published a Technical Advisory on Evaluating
Transportation Impacts in CEQA (2018) which is intended to provide advice and
recommendations for evaluating VMT, which agencies and other entities may use at their
discretion. As discussed further below, the Technical Advisory offers that screening thresholds
Page 183 of 193
31
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
may be used to identify when land use projects, such as small scale residential projects, should
be expected to cause a less-than-significant impact without conducting a detailed traffic study.
On behalf of the Mendocino Council of Governments (MCOG), Fehr & Peers, prepared a Senate
Bill 743 Vehicle Miles Traveled Regional Baseline Study (Baseline Study; May, 2020) to provide
an overview of SB 743, summarize VMT data available for Mendocino County, discuss
alternatives for and recommend VMT measurement methods and thresholds for lead agencies in
Mendocino County, and recommend transportation demand management (TDM) strategies for
reducing VMT on projects in Mendocino County.
The following local plans have historically address transportation within the City of Ukiah: 2017
Ukiah Bicycle and Pedestrian Master Plan, City of Ukiah Safe Routes to School Plan (2014),
Mendocino County Rail Trail Plan (2012), Ukiah Downtown Streetscape Improvement Plan
(2009), and the City of Ukiah General Plan (Circulation and Transportation Element amended in
2004). MCOG’s Regional Transportation Plan (2017) and Section 5, Circulation and
Transportation, of the Ukiah Valley Area Plan (2011) addresses transportation within the larger
Ukiah Valley. The Baseline Study incorporated applicable goals and policies from each of these
documents into the methodology and analysis when formulating its screening tools.
As noted in the Baseline Study, per CEQA Guidelines Section 15064.3, vehicle miles traveled for
land use projects exceeding an applicable threshold of significance may indicate a significant
impact. Generally, projects within one-half mile of either an existing major transit stop or a stop
along an existing high quality transit corridor should be presumed to cause a less than significant
transportation impact. In addition, projects that decrease vehicle miles traveled in the project area
compared to existing conditions should be presumed to have a less than significant transportation
impact.
If existing models or methods are not available to estimate the vehicle miles traveled for the
particular project being considered, a lead agency may analyze the project’s vehicle miles
traveled qualitatively. Such a qualitative analysis would evaluate factors such as the availability
of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of
construction traffic may be appropriate.
A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s
vehicle miles traveled, including whether to express the change in absolute terms, per capita, per
household or in any other measure. A lead agency may use models to estimate a project’s vehicle
miles traveled, and may revise those estimates to reflect professional judgment based on
substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions
to model outputs should be documented and explained in the environmental document prepared
for the project.
Environmental Setting: The City of Ukiah generally lies west of U.S. 101 between the U.S.
101/North State Street interchange, and the U.S. 101 / South State Street interchange. Three
major interchanges along U.S. 101, Talmage Road, Gobbi Street, and Perkins Street (from south
to north), provide access to southern and central Ukiah. The City of Ukiah is developed in a typical
grid pattern with streets generally oriented north to south and east to west. Bicycle lanes are
located throughout the City and public transit is provided by the Mendocino Transit Authority
(MTA).
Page 184 of 193
32
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Discussion: (a-b) Less than significant impact. While the Proposed Project is intended to
facilitate housing development within the City of Ukiah, it does not include specific development
designs or proposals, nor does it grant any entitlements for development. Development could also
result in impacts to the City’s transportation system depending on location, intensity, and other
siting factors. However, the location, intensity, siting, and timing of such development is unknown.
Therefore, a high level qualitative analysis is provided below.
The OPR Technical Advisory on Evaluating Transportation Impacts Under CEQA suggests that
a home based trip approach is one of the best methods for assessing VMT from residential
projects. As noted in the Technical Advisory, many agencies use “screening thresholds” to quickly
identify when a project should be expected or assumed to cause a less-than-significant impact
without conducting a detailed study. As noted in the Fehr & Peers Baseline Study, the specific
VMT estimate relies on the vehicle trip generation rate contained in the OPR Technical Advisory
for small project screening and average vehicle trip lengths for Mendocino County based on the
2012 California Household Travel Survey (CHTS). Converting this value to an equivalent number
of residential households would indicate that residential projects up to 22 units in Mendocino
County could be screened out of analysis.
It is expected that construction of the Project would result in a temporary increase in traffic to and
from the site, as construction workers arrive and leave each work day. However, once
construction is complete, workers would no longer be traveling to the site, and the source of VMT
would result from permanent residents. Future projects would reviewed by the Department of
Public Works and the MTA (as applicable) for potential impacts to the transportation system;
additional review and analyses may be required for larger residential projects exceeding 22 units.
Impacts would be less than significant.
(c-d) Less than significant impact. All road improvements would be developed in accordance
with Fire and Building codes related to emergency access and safety. Therefore, future residential
projects would not increase traffic hazards, nor would they result in inadequate emergency
access. Impacts would be less than significant.
18. Tribal Cultural Resources
TRIBAL CULTURAL RESOURCES. Would the project cause
a substantial adverse change in the significance of a tribal
cultural resource, defined in Public Resources Code section
21074 as either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a
California Native American tribe, and that is:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Listed or eligible for listing in the California Register of
Historical Resources, or in a local register of historical
resources as defined in Public Resources Code section
5020.1(k), or
b) A resource determined by the lead agency, in its discretion
and supported by substantial evidence, to be significant
pursuant to criteria set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying the criteria set
forth in subdivision (c) of Public Resource Code Section 5024.1,
the lead agency shall consider the significance of the resource
to a California Native American tribe.
Page 185 of 193
33
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Significance Criteria: An impact to tribal cultural resources would be significant if the Project
were to substantially reduce the significance of a tribal cultural resource, a listed or eligible historic
resource, or a resource considered significant by a California Native American tribe. Tribal cultural
resources include “sites, features, places, cultural landscapes, sacred places, and objects with
cultural value to a California Native American Tribe” that are eligible for inclusion in the California
Register of Historical Resources (California Register) or included in a local register of historical
resources. Lead agencies are required to “begin consultation with a California Native American
tribe that is traditionally and culturally affiliated with the geographic area of the Proposed Project.”
The consultation process must be completed before a CEQA document can be certified.
Environmental Setting: As discussed in Section 5, Cultural Resources, areas that are most
typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches
above watercourses because Native Americans and settlers favored easy access to potable
water.
Tribes known to be present within the Ukiah area include (but are not limited to) the following:
• Coyote Valley Band of Pomo Indians
• Guidiville Indian Rancheria of Pomo Indians
• Hopland Band of Pomo Indians
• Pinoleville Pomo Nation
• Potter Valley Rancheria
• Redwood Valley Little River Band of Pomo Indians
• Scotts Valley Band of Pomo Indians
• Yokayo Tribe, not federally recognized
An Historical and Architectural Survey Update was last prepared for the City by P.S. Preservation
Services in 1999. The survey identified 23 properties with historic importance within the City limits.
City Ordinance No. 838 was passed by the City in 1983, requiring that prior to the demolition of
any building over 50 years old, the approval of the City must be obtained. The ordinance is a
positive preservation tool, allowing some review and public input opportunity regarding the
potential loss of historically significant buildings.
Discussion: (a-b) Less than significant impact. As described in Section 5, Cultural Resources,
of this Initial Study, because most of the parcels within the City Limits that are residential and
commercial zoned are currently developed, it is unlikely that cultural resources would be impacted
by future residential development. Although parcels along City creeks have a higher potential for
containing cultural resources all future development is subject to CEQA Guidelines Section
15064.5 (e-f) which specifically addresses what to do in the event that human remains or
archeological resources are accidentally discovered, and City Ordinance No. 838, protecting
historic buildings; future development would be analyzed on a project level basis and subject to
environmental review of their individual impacts, as applicable.
The proposed Zoning Code amendments also require amendment to the City of Ukiah’s General
Plan to increase allowable building density. While the proposed changes include policy changes
to facilitate housing development, no development or physical changes to the environment are
proposed. However, in accordance with SB 18, tribal notifications offering the opportunity to
request formal consultation and an opportunity to review the proposed Zoning Code amendments
were sent to California Native American Tribes identified on the list maintained by the Native
Heritage Commission (NAHC) on April 22, 2021. The tribes have 90 days to request consultation;
no requests for consultation have been received to date. The list of tribes contacted are included
in Attachment D.
Page 186 of 193
34
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
For the reasons discussed above, impacts to Tribal Cultural Resources from the Proposed Project
would be less than significant.
19. Utilities and Service Systems
UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Require or result in the relocation or construction of new or
expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or telecommunications
facilities, the construction or relocation of which could cause
significant environmental effects?
b) Have sufficient water supplies available to serve the project
and reasonably foreseeable future development during normal,
dry and multiple dry years?
c) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it has
adequate capacity to serve the project’s projected demand in
addition to the provider’s existing commitments?
d) Generate solid waste in excess of state or local standards, or
in excess of the capacity of local infrastructure, or otherwise
impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and
reduction statutes and regulations related to solid waste?
Significance Criteria: Impacts to utility and service systems would be significant if the Project
resulted in the construction or expansion of utilities that could cause significant environmental
effects; have insufficient water supplies available to the Project during normal to extremely dry
years; resulted in inadequate capacity of the wastewater treatment plant; generated solid waste
exceeding the capacity of local infrastructure or impairing the achievement of solid waste
reduction goals; or failed to comply with any management and reduction statutes or regulations
related to solid waste.
Environmental Setting: The majority of City properties are served by City water, sewer,
electricity and trash collection. However, some properties within the western hills do not currently
have access to City utilities. Water and electric utility services are provided by the City of Ukiah
to parcels within the City limits. The Ukiah Valley Sanitation District (UVSD) and the City of Ukiah
provide public sewer services to customers within their boundaries under the purview of the State
Water Quality Control Board. The City’s sewage treatment plant and Waste Water Treatment
Plant (WWTP), operational since 1958, serves the City of Ukiah and the Ukiah Valley Sanitation
District. It has a current treatment capacity of 2.8 million gallons per day (MGD) of dry weather
flow and 20 MGD of peak wet weather flow. Primary treatment removes floating material, oils
and greases, sand and silt and organic solids heavy enough to settle in water. Secondary
treatment biologically removes most of the suspended and dissolved organic material. The Ukiah
landfill, outside City limits on Vichy Springs Road, stopped receiving municipal solid waste in 2001
and the City is working on capping the landfill. No new waste generated will be processed through
the landfill. Solid waste collected from future development would be delivered to the Ukiah
Page 187 of 193
35
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
Transfer Station, which is owned by the City of Ukiah and operated by Solid Wastes Systems,
Inc.
Discussion: (a-e) Less than significant impact The Project does not include extension of
utilities. Future housing development would connect to the existing infrastructure. All development
would be required to comply with all regulations pertaining to wastewater, solid waste, and other
service systems.
Impacts would be less than significant.
20. Wildfire
WILDFIRE. If located in or near state responsibility areas or
lands classified as very high fire hazard severity zones, would
the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency response plan or
emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors, exacerbate
wildfire risks, and thereby expose project occupants to pollutant
concentrations from a wildfire or the uncontrolled spread of a
wildfire?
c) Require the installation or maintenance of associated
infrastructure (such as roads, fuel breaks, emergency water
sources, power lines or other utilities) that may exacerbate fire
risk or that may result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks, including
downslope or downstream flooding or landslides, as a result of
runoff, post-fire slope instability, or drainage changes?
Significance Criteria: Impacts to wildfire would be significant if the Project were located in or
near a State Responsibility Area (SRA) or lands classified as very high fire hazard severity zones
and substantially impaired an emergency response plan; exposed Project occupants to wildfire
pollutants or uncontrolled spread of wildfire due to site conditions such as slope and prevailing
winds; require the installation or maintenance of infrastructure that could exacerbate fire risk; or
expose people or structures to significant risks as a result of post-fire runoff, slope instability or
drainage changes.
Environmental Setting: All of the City of Ukiah is located within the Ukiah Valley Fire Authority’s
jurisdiction. None of the lands within the City of Ukiah are located within a California Department
of Forestry (CalFire) State Responsibility Area (SRA). However, County lands immediately west
of the City are located within the SRA and are classified as having a “Very High” fire hazard
severity. A shaded fuel break was constructed (North to South) along the base of the western hills
along the entire length of the City to reduce fuel loads and protect the community from wildfire
risk in 2003. Maintenance was performed on the 100-ft wide, 2.6-mile fuel break in late 2018 and
early 2019. As discussed in Section 9, Hazards and Hazardous Materials, the County’s EOP plan
and MJHMP address emergency operations, natural disasters (including wildfire), as well as
mitigation strategies to reduce potential risks. The City of Ukiah adopted its “jurisdictional annex”
chapter of the MJHMP on November 18, 2020. Hazards identified for the City of Ukiah include
Page 188 of 193
36
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional
annex lists each hazard and mitigation action for City of Ukiah.
Discussion: (a-d) Less than Significant. . The Project does not propose housing. Future
housing would be constructed within the Ukiah Valley Fire District service area and all future
development would be reviewed by the Fire Marshall and required to comply with current Fire
Code regulations. Impacts would be less than significant.
21. Mandatory Findings of Significance
MANDATORY FINDINGS OF SIGNIFICANCE.
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict the
range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history or
prehistory?
Page 189 of 193
37
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
b) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable
future projects)?
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
Discussion: (a-c) Less than significant impact. While the Proposed Project is intended to
facilitate housing development within the City of Ukiah, it does not include specific development
designs or proposals, nor does it grant any entitlements for development. All future development
associated with the proposed Zoning Code amendments would be in residential or commercial
zoning districts where housing development is already generally allowed by right, or with an
approved use permit and site development permit by the City’s Zoning Code and General Plan.
There are many possible scenarios and outcomes of the proposed Zoning Code amendments.
Future development could result in impacts to the physical environment depending on location,
intensity, and other siting factors. However, the exact intensity, location, size and timing of future
development is unknown. However, all future development would be analyzed on a project level
basis for consistency with land use policies and development standards, and would be subject to
Building Permits for consistency with building and safety codes; additional environmental and
discretionary review may also be required.
Based on the findings and conclusions contained in the Initial Study, the Proposed Project does
not have the potential to impact any environmental resources. All impacts were found to have no
impact or result in a less than significant impact as a result of the Project.
Cumulative impacts are generally considered in analyses of air quality, biological resources,
cultural resources, noise, and traffic. As discussed throughout the Initial Study, the Proposed
Project would have less than significant impacts on these resources. Housing development that
may result from implementation of the Zoning Code amendments could result in impacts to
environmental resources that may be considered cumulatively considerable. However, at this
time, location, intensity and timing of specific housing development is not known. All future
housing development would be analyzed on a project level basis. Based on the findings and
conclusions contained in the Initial Study, cumulative impacts related to the Proposed Project
would be less than significant.
Based on the aforementioned, impacts to the environment, human beings, and cumulative
impacts would be less than significant.
Page 190 of 193
38
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
VI. REFERENCES
1. CalFire State Responsibility Area Viewer
http://www.fire.ca.gov/firepreventionfee/sraviewer_launch
2. CalFire, California Fire Hazard Severity Zone Map Web Viewer.
http://egis.fire.ca.gov/FHSZ/
3. California Department of Conservation. California Geological Survey. Earthquake Fault
Map, Ukiah. Zones of Required Investigation.
http://gmw.conservation.ca.gov/SHP/EZRIM/Maps/UKIAH.PDF .
4. California Department of Conservation. California Geological Survey. U.S. Landslide
Inventory Web Application.
https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8c9
04b456c82669d
5. California Department of Conservation. Farmland Mapping & Monitoring Program,
California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/
6. California Department of Finance. American Community Survey.
http://www.dof.ca.gov/Reports/Demographic_Reports/American_Community_Survey
7. California Department of Toxic Substance Control. EnviroStor database
https://www.envirostor.dtsc.ca.gov/
8. California Department of Transportation California State Scenic Highway System map.
https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000d
fcc19983
9. California Governor’s Office of Planning and Research. Discussion Draft Technical
Advisory: AB 52 and Tribal Cultural Resources in CEQA, May 2015.
10. City of Ukiah General Plan. Last amended 2019.
11. City of Ukiah Bicycle and Pedestrian Master Plan. Prepared by Alta Planning + Design,
W-Trans and Walk Bike Mendocino. August 2015.
12. City of Ukiah Code. Last amended 2021. https://www.codepublishing.com/CA/Ukiah
13. City of Ukiah. Housing Element Update 2019-2027. Adopted October 23, 2019 and
Certified by HCD December 5, 2019.http://www.cityofukiah.com/projects/housing-
element-update/
14. City of Ukiah. Housing Element Update 2029-2027. Final Initial Study and Negative
Declaration. Adopted by City Council on October 23, 2019.
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2019/10/2019-2027-Ukiah-HE-
ISND-FINAL-Adopted-10232019.pdf
15. City of Ukiah. Ukiah Western Hills Open Land & Limited Development Agreement Draft
Initial Study and Mitigated Negative Declaration. April 16, 2021.
http://www.cityofukiah.com/ceqa-review/
Page 191 of 193
39
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
16. Federal Highway Administration. 2006. Roadway Construction Noise Model (FHWA-
HEP-05-054).
17. Federal Transit Administration, 2018. Transit Noise and Vibration Impact Assessment
Manual. FTA Report No. 0123. Prepared by John A. Volpe National Transportation
Systems Center. September, 2018.
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-
innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no-
0123_0.pdf
18. Fehr & Peers, on behalf of the Mendocino Council of Governments (MCOG), Senate Bill
743 Vehicle Miles Traveled Regional Baseline Study. May 20, 2020.
https://www.mendocinocog.org/vehicle-miles-traveled-vmt-regional-baseline-study-
completed
19. Landslide Inventory (Beta). California Department of Conservation. California Geological
Survey. https://maps.conservation.ca.gov/cgs/lsi/
20. Mendocino Council of Governments (MCOG). 2017 Mendocino County Regional
Transportation Plan. Prepared by Davey Bates Consulting. Adopted February 5, 2018.
https://www.mendocinocog.org/files/742330750/2017+RTP+As+Adopted%28web+forma
t%29.pdf
21. Mendocino County Air Quality Management District of the California North Coast Air
Basin. Particulate Matter Attainment Plan. January 2005.
https://www.co.mendocino.ca.us/aqmd/pm-attainment.html
22. Mendocino County Air Quality Management District website.
http://www.co.mendocino.ca.us/aqmd/diesel-engine-information.html.
23. Mendocino County Airport Land Use Commission. Ukiah Airport Land Use Compatibility
Plan. Adopted May 20, 2021.
24. Mendocino County Fire Hazard Severity Map. November 7, 2007.
25. Mendocino County Important Farmland Map, undated.
26. Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). Adopted
December, 2020. Vol 2, Chapter 1, City of Ukiah Jurisdictional Annex, adopted by the
City of Ukiah November 18, 2020.
27. Mendocino County Office of Education. Schools & Districts.
https://www.mcoe.us/schools-districts/
28. Mendocino County Property Search (eTRAKiT).
http://etrackit.co.mendocino.ca.usetrakit3/Search/parcel.aspx
29. Mendocino County Water Agency. Water Supply Assessment for the Ukiah Valley Area
Plan. October 20, 2010.
https://www.mendocinocounty.org/home/showpublisheddocument?id=5486
30. Mendocino County Wildland-Urban Interface (WUI) Zones Map, undated.
https://www.mendocinocounty.org/home/showdocument?id=18425
31. Mendocino County General Plan, adopted in 2009 and last revised 2015.
https://www.mendocinocounty.org/government/planning-building-
services/plans/mendocino-county-general-plan
Page 192 of 193
40
Housing-related Zoning Code Amendments
Draft Initial Study and Negative Declaration
City of Ukiah
32. Mendocino County 2019-2027 Housing Element (6th Cycle). August, 2020.
https://www.mendocinocounty.org/government/planning-building-
services/plans/housingelement
33. Mendocino County Public GIS Portal https://gis.mendocinocounty.org/portal/home/
34. Mendocino County Inland Zoning Code
https://www.mendocinocounty.org/government/planning-building-
services/regulations/zoning-code
35. P.M.C. Background Report for the County of Mendocino General Plan Update. Prepared
January 2003.
36. State Water Resources Control Board. GeoTracker.
https://geotracker.waterboards.ca.gov.
37. Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation
Impacts In CEQA. December 2018. https://www.opr.ca.gov/docs/20190122-
743_Technical_Advisory.pdf
38. U.S. Department of Agriculture - Soil Conservation Service. Web Soil Survey.
https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm
39. U.S. Department of Fish and Wildlife. Environmental Conservation Online System.
https://ecos.fws.gov/ecp0/reports/species-listed-by-state-report?state=CA&status=listed
40. Ukiah Valley Area Plan, adopted August 2, 2011.
https://www.mendocinocounty.org/government/planning-building-services/plans/ukiah-
valley-area-plan
Page 193 of 193