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HomeMy WebLinkAbout1244 - Adding-Amending Accessory Dwelling Units Code ORDINANCE NO. 1244 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Findings and Declarations. The City Council finds and declares as follows: A. The proposed amendments to Division 9, Chapter 2 of the Ukiah City Code are consistent with the 2040 Ukiah General Plan and further the goals, objectives, and policies of the 6th Cycle General Plan Housing Element. B. Per the California Government Code, existing law provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units to allow single-family or multifamily dwelling residential use in accordance with specified standards and conditions. Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. C. The adoption of this ADU Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods. D. Then the State revises ADU law, a local jurisdiction's ADU Ordinance, if non-compliant with the new ADU laws, is rendered "null and void" and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law. E. The State legislature declared that "Housing is a statewide concern", that California faces a housing crisis, that ADUs are a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws. SECTION 2 Division 9, Chapter 2, Article 3, Low density Residential (R-1) of the Ukiah City Code is amended to read as follows (unchanged text is omitted and is shown by §9016 ALLOWED USES Accessory Buildings Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter. AGGesswy dwelling unit6 (ADIJ) OF jURiGF ar.Ges6eFy dwelling units (jAPU) on lets developed A. The rewilirementr ofthos sub ention arc applinahlc to all evicting ADI Ic. and le P'll Ir as A. well etheFwise speGifically provided heFein. EXOStiRg ADUs 9F jADUs as of the date n v.nnn nforw.ino• nFOVided that they were legal at the time of their nreation Page 1 of 14 rt*ii+sn+ ja91)( `'S 2'qd 435852 ']2(d) and (e) ADWe," 4he a4ewa41e raancitu far the rasldeptW upon whish an ADU of j A 131 1 lonaled, and YyC� { I n��n �nr{ �nninn +s lted, v. Fi1 �ag pWiwwc. o1,t not aflmt1 fhd r'{ialiririn Of nrn na h5r an other rani iirerrrentr r.f this nade are met r 5a Fy dwe 110 Rg unit nr IAD I may ha 1 Puf:pG The inirn m asses ##set fe�r{ea+ Qes�„� r�,r�r�r for an arr•arrgpy dwelling rini+ or IAr51 1 r.hra41 be thI fty.f i D1 1 nr JAD1 1 wnnq_be rented separate frnm the nrimanr res.derlc@ Wt aJ'G fatfir fry the r.ri FR arty ra r i den na F" far veloppReRt of an A-DI I nr IA PUW the r..t Gant shall rew.erd a r2aad rarbrir.42 �u6rinh ruf} with the showing rar.,a r+Jation with r 61!41 be f4ed with the Gifu anra rh all 1 innlI irin hat h of the tol4mRg 1 A r.r t of} S to from t va a a1a raf the • e, }nrlAiRg a 6taterrrant that the ,-leed rer4#ictiGn may be venfe-Irrued againGt Iutuf-e ruerr 2. Fn-.p o--iAvvaRly. n raotriniinr.. t4e 64 .apd- nd#pi-but ac of iha 1AD1 1 thM r•ranfrarmc aaiif}� i�aic cannon ���� 02.��14f�+�F7ft. ���rre ilir rtr mril#inla_f-smil.� si4bstaii ht, bu4 diR ANhIF 4WO I 1 0 R 9 U Rtech aR adj&GeRt pfrapeFtie A rnhifara+r are rara+ r.mil'ar to 14ng er b41 F`y ect t" the use pef: art nrnnaro �. ir4ir.r accx-, sofli dwal lima unii+c are installed WAN T,a 1e� 4y e i# 4s of a,fully a;W'`'' - 60RO, ,,' �R�{'.ase Vi a i llyIj.nq Unit, l•ha applir�n+ to , if the WalliRg "vvcoa SySteM, RMd r fully peFmAted to en#roAr-Ate `,.,�.,' 4" f!'la 11 � e a frill -hathremnm incir�a the rawaainde r of t dWe _ 4chen, pn n.rf wtk.ic_A c�raII iray+l rrrfA a nnnk l n rr fanil:i i. f at a � n d. coni4 align of#rr "'T`�v--le-q_ miumovave, toasteF oven, jDfepaF-aWR rrtiinfffr ARd 4�a 9 0 &a h 1 n 9 tr* Itjat afe of rc arran•ah1te ci;a in ralat1 n to t h a c.}ze of t 4e A Pll p effiriennir Iris..he m r,t f I of an nnnon++may dweWiRg uR4 shall he ante that iannrr t...r. hUfdf l{� flS trai i-ara f a r.ti ntir�rr.��"�J GfZe {7€a ilia inr aGGe cnrtr dwe 1Ij Rg u ii r.ha! + v-rrrv�nTn.r �7,, i e Ifs 400f afe if fha hafFerrar.rrr Page 2 of 14 ra rrr aigd-er of the 4n9le family dWel .-mil r_dWel -r:Bran r if._. she l. - included in the aaa ramff focta ge #R ; I I Par f'' "+te +epts fGr-t# 1DU-shah-bem n(-. r f_rfraa4 6rtnra (inrrt- ..anll a0ce 6ible4x tandem) lof ecaGh bedfmoomm or ADD. ar ra�}nirFia�tar it laces in arldifirtn #n mqii4ed fo{the ex+stlf�g 8 be rcairired far a 1AL111 ' ,�f{ reset p "'mi�ny rl��aa4 be rsarmi ed in setbaG ara r ac is ramaliaara NA04 the deft itioweV�f7-sife t k II fumuF44R rarWa 1@ 786 of this node ar thFG g WA40 {# a;;y of the to4ow+nq a. Mqp A111 l it lor•ated urithin nna_holf mils of -lblin transit Utsa AI311 it larntcd auit}ein an ;9rrhiteG Wally end NEMO-rlr-ally cirrniAGaRt Wrtnrir• dirtriG d Y`ohean n eet narking permits are required -hut not nff d to 00 "�m of the}`3DUm e-,. Whe n 4he me-i&-a,ror rAa-ra ira}nirla 1ac.o4ad iatil'tain ruia Mark rif t h a AR1 1 APU, t4&City sue+; {e}u+r t#at #ase ##- tea p AD4 4#64 rnaet all aanlir amble btuile'linn and firs ned-es and 64a4 halve eal lri atep e ption m Watef r 1 � �,� the AxiM ng sp aea of a Sioa le family ar mi iltifvmiltir S code, .d RIAGIR "AM is sonstFuGted }a new NNW family he me �P'\� Ir. "a Rat ba prop+ s+on of water, sew . and Berl +ncl cof+neotien felt +ght r.th(Sna14e h� RO )e YG r,ll IIVnd♦n nre%rIde f4 epAnk�e�-y�/ M Tha ADD l or lAQI I r,ha l! r•n mealy witA old afafrlif<We Feu irammm nt A- P-f tNslTAt tem err. "'1" Page 3 of 14 tt for ADUs sha4 be eight ) feet {18'}; wNr-,h J`hall have a ma ximurn heightof ihi Fty fe ai (30') ni irro lent to cnntlhn QY1'I i2 of th1R Gads, r' $f-or#s may be app-Foyed thmuq# 4 t 4e#46e permit nrrarflcs The falllH9 yardrSa arualtir frtni Ic: i. rant dThe r-ame nr the .isti nn nr mar-y resihanna but n nlnc.ar iha five _. Ci rraFRPAr Warr✓} Cinnle-Ste ry OF Ts a-gter-y- Fra..r feat 4' 4r $ff-OX4+Rg4lalftarDa, gafage,-or_wces �F�i16E�lI �ifi�� �9�F�nnl I rtr+a � n„rfitar, of A 131 R The rara�p,pas a.ra ❑nl I,` ,'hall.h9moe a separate frrant. ar Whirh in thr3 eVeRt Of +an n#renherd ! .the fi Oont of the exiSti4q 6io&-familyf3f Ma j ;vs4eF4Ge ##Mess A is naf altar G6is�y yiri" frame tlan sfraaf in fraRi of the Fe ideRGe Q For a JAIDU, e♦# {-the primary �y rarir_anra r,r the IARI 1 ehall be nrrWvied b the p;:operty owner- Owner nani innnrnr o )all eat kn rRq i irnra if the nWner i [ 49BYeff mHan#&4 agef4r i ra 4r�an sf* G+ heu ipg nrr,anizafiran A y ba�Gef4 J wirrrlrrur or drrnr of an ❑nl I Rh;ill i iiiliEta NQ .hrm mqv$& +n lacran the nriv.G perttes. These teGho_�q es may mcc de use rA&bi;r.4 ire�# m a a y.able r_,eRd iinn by the nrnnarty awnei whore nnnrnrtrinia in r Fesen,e the va neighborjga p+opeFty owf4efs, Th#6 fequif7 meq# wjll raaf app4y to ari A nl I !teat is rranfainra<r{ WANR the avirtinn snare of a cinrrla_fnrraily rrr mi 1tifnrxily Fe idanna ar as &fi9rjF-S�fiIC#Ufe_ AP US'i�`l rlq APUS she4j be set 4aack a fninimum of five feat l5'l frrarra anir se► ++r 90ADU840 b&Noah�a few#-J4V�. s We(;a the G4Y FiFe marshgal r{atarminar that -adequate fire arntaction can be pml irterf in- the AP'r1 F U. U 44ess ot4e Y +' +� y�,,,,, g +a dYv*4+n% C lot. If 4T.e peFmi+ znr katiop to �f� , the � "�L1�1 'A4i�}.-Hermit arapwatirtn frtr f ka e� � ��""`J An' 21 DU Fha4- R rrancieaararl w4h04 -perrnA YV44# F yLawiAq 4i iCA where fe,5k ef4#fa�+�s�6�F9 Page 4 of 14 4. One'I'UU-and ape per lot yAth a rarrararacar{ nr e*iSU n9le family a;,--T,hL- AD MQU 4iu the o pop arad snare of a riaale-famila� Er -or aooeG&C1fy 6t{ UfC-BF1d mans iar-lU 61- rzvra-urine of ROt mffr@ than aaa IR indrad 4yGi" Q14Me S4F4s as the exis N a e-_-­ st{uc iFe ❑n evuanciun b6y9dd the p4y Sirol aGG edatif If f S&a+W e9FU166 b. The spa r. :r Chtp_rv� fam4y dwel4nq. r. Tho cede nnr{ raor cssthar4r •az:p ri Ar,i e Pt far fire a P d F:afff#y d—+�'4� JA -com lies with Me mq+ immepts of th+s_� �jer 2 �'..-- eSa�}f-edi-nevi€oe9As#v ion, eT'7�RDU Cdoes not weeed fGUF feet } Toe- QU. nay-nee so oa 3. M ftle AD Us within the narlienr of .isiRg m�i14a;*i y dwelling riri in _ -that t a 1'of a6 liva b e Wad �� im iFri h�A rant ld to cturaee raamc} ba la ir passageways, �I�-' i i i Of h unit S+4 S"tate�staAda dwell-Age,Tlhe-;�-umbeF of AIDUs permitted within +an ice,., ��{ll yIFUG-WIFe shall be Gapped at twenty Ave per-Ge,�'`, II' t (2511A} e94i &)gw&in � dwel4 -eF 9Ra D 1 a,rhinc�h1tQr is i •.n�rivz { gFeateF. Mwhifa_mg�t dwelli% WWafa4etac4W from t#at€fwVaFF41 r daa e4Ijan and •arm subject#h fouF4r1 A(4')rear- and bode yaf:d cat har,Le in 60xedion I1V of this va'f. e ad.di49aa1 pa*iao of oth@F dLQVelELarrnffnt OandaFdc -ac set f0rl4 R subs tianc 1, 4, N e a ied except for t}u+k4nq cod rani eirffrraanfc Y. T-4e City shall not m9m:plagmAl.Acslymyal of a pefmi# onnlinniinn er- raiirnnrac of thin* e.0 Min i RGOOhAVA" AiPg rrtnrfifin R" mains a hY irnl +;n that-does not aeODm w4h cu{{ent zoflL02 MaEnda Junior Accessary Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. SECTION 3 Page 5 of 14 Division 9, Chapter 2, Article 4, Medium Density Residential (R-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by ***"): §9031 Allowed Uses Accessory buildings and accessory uses. Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter. AGr.essery dwelling units and junier aGGessery dwelling units, as defined On %Gtien Q-2-7R- A-f this Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. SECTION 4 Division 9, Chapter 2, Article 5, High Density Residential (R-3) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "***"): §9046 Allowed Uses Accessory uses to any allowed or permitted uses. Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter. Ar.GeseoFy dwelling units and junior arseeesaFy dwelling units, ar, defined In serstion 9278 of thir, Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. Ser.end dwelling units as allowed in the R-1 66#006 in se4en Q-0-16- Of this Ghaptep. SECTION 5 A new Article 5.3, entitled "ACCESSORY DWELLING UNITS (ADUS)" shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows: §9056 PURPOSE AND INTENT Page 6 of 14 The purpose of this article is to create an expedient ministerial approval process for residential Accessory Dwelling Units (ADUs). To do so, this article sets forth development standards in conformance with California Government Code and tailored to meet the changing needs of Ukiah communities and expand housing choices in all neighborhoods. §9056.1 GENERAL REQUIREMENTS Accessory Dwelling Units (ADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed shall be ministerially permitted and subject to the following standards/criteria: A. The requirements of this Article are applicable to all existing ADUs, as well as those proposed after the effective date hereof, except for legal nonconforming units, or as specifically provided herein. Existing ADUs 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. ADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU is located. ADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the lot on which an ADU is located with a primary residence. 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 or State law are met. D. The ADU be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence unless the conveyance meets the requirements of Government Code Sections 66340 through 66342. E. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures. F. 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, unless the ADU is constructed with a new single-family home. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. G. Nothing in this Chapter shall preclude the development of a Junior Accessory Dwelling Unit as regulated by Ukiah City Code and Government Code §66333 -66339. §9056.2 DEVELOPMENT REQUIREMENTS A. Applications for a building permit for an ADU shall be deemed approved if the local agency has not acted on the completed application within 60 days If approved, no additional parking or other development standards shall be applied except for building code and fire safety requirements. Page 7 of 14 B. Applications for a building permit within any zoning district where residential uses are allowed or permitted shall be approved ministerially to develop any of the following: a. Unit Type. An ADU may be attached to an existing primary residence converted from a portion of the existing living area of the primary residence, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure. b. Number of Units. The number of ADUs allowed on a single lot shall be: i. On a lot that contains an existing or proposed single-family dwelling: One (1) ADU attached or detached. ii. On a lot that contains an existing multifamily dwelling: Two (2)ADUs, detached from the multifamily structure, and up to 25 percent of the number of units in the existing multifamily dwelling converted from existing non-livable space in a multifamily structure. iii. On a lot that contains a proposed multifamily dwelling: Two (2)ADUs, detached from the multifamily structure. C. Size. The maximum size of a detached ADU shall be one thousand two hundred (1,200) square feet. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. D. Improvements. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU, 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. Curb, gutter, sidewalk, paving and street trees, however, shall be required when that infrastructure does not exist, and the proposed building permit value is equal to or greater than one-third (113) of the value of the existing structure per UCC §9181 (Street Improvements with Development of Property). E. Lot Size: No minimum lot size shall be required. F. Lot Coverage. The lot coverage limitation of the base zoning district shall not apply to the construction of an ADU. G. Construction Standards. Not exclusive of other applicable state and local building and fire regulations, ADUs shall comply with the following requirements. a. Structures within the state responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction. b. Structures outside of the SRA must comply with building code regulations for fire- resistive construction, unless more restrictive standards are required pursuant to state law or regulation. c. Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers. Page 8 of 14 §9056.3 SETBACKS The following yard setback requirements shall apply to ADUs: A. Front Yard: The same as the existing primary residence, but no closer than five feet (6). B. Side Yard or Rear Yard: Four feet (4'). C. 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. D. The application of front yard setbacks cannot preclude an ADU of 800 square feet or less. §9056.4 PARKING A. Parking requirements for the ADU shall be one (1) off-street space (independently accessible or tandem) in addition to the 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. B. 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 C. 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 stop; b. The ADU is located within an architecturally and historically significant 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; f. When an application for an ADU is submitted with an application to create anew single-family or multifamily dwelling on the same lot. D. If a garage, carport, or covered parking structure is demolished in conjunction withthe construction of an ADU or converted to an ADU, the City shall not require that those off- street parking spaces be replaced. §9056.5 LEGAL NONCONFORMING ACCESSORY STRUCTURES ADUs converted from residential accessory structures determined to be Legal Nonconforming shall be subject to the following requirements: A. Legal Nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure shall not be subject to setback requirements. Page 9 of 14 B. A Legal Nonconforming residential accessory structure that is converted to an ADU may be expanded up to 1,200 square feet if the expansion will comply with the height limit and setbacks for new detached ADUs. C. Expansion of floor area within a nonconforming setback is limited to 150 square feet, if necessary, to accommodate associated utilities, ingress and egress. 9066.6 HEIGHT A. The maximum height for detached ADUs shall be 20 feet. B. ADUs attached to the primary structure can be constructed to the maximum height for the zoning district in which the unit is located. C. ADUs may be taller than the primary residential structure. D. ADUs above a garage (Attached or Detached) can be constructed to the maximum height for the zoning district in which the unit is located. E. Detached ADUs greater than 20 feet in height may be approved through the granting of a Minor Site Development permit. §9056.7 DETERMINATION OF APPROPRIATENESS Whenever an ADU is proposed that would involve uses or features that are not explicitly addressed by the design and development standards set forth in this Code or State law, the Community Development Director shall determine whether the proposal is appropriate and whether it should be reviewed on a ministerial or discretionary basis. In making this determination, the Community Development Director shall find as follows: A. The proposed ADU would not be incompatible with other existing or allowed uses in the zoning district or property for which it is proposed; and B. The proposed ADU would not be detrimental to the continuing development of the area in which it would be located; and C. The proposed ADU would be in harmony and consistent with the purpose of the zoning district; and D. The proposed ADU can meet all safety requirements as determined by the City of Ukiah Building Inspection and Fire Prevention Division; and E. In the case of determining that an ADU is allowed or permitted, the Community Development Director shall find that the proposed use is similar in nature and intensity to its contextual development and the ADU allowances listed in this Code or State law. SECTION 6 A new Article 5.4, entitled "JUNIOR ACCESSORY DWELLING UNITS (JADUS)" shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows: §9057 PURPOSE AND INTENT Page 10 of 14 This purpose of this article is to implement the requirements of Government Code and provisions of the General Plan Housing Element that encourage the production of affordable housing by expanding housing opportunities for all economic segments of the community. §9057.1 GENERAL REQUIREMENTS Junior accessory dwelling units (JADUs) shall be ministerially permitted in zoning districts that allow single-family dwelling units as permitted uses, in compliance with Government Codes §66333 - 66339, the requirements of this section, and all other requirements of the applicable zoning district. The department shall act on an application to create a JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot. A. Permit Requirements and Fees. Construction permits (including, but not limited to, abuilding, well, septic, and/or sewer permit) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements, or collection of impact fees. B. Timing.A JADU may be established after or concurrently with the single-family residence. C. Development Standards. 1. Number of Units. One (1) JADU is allowed per lot, within a single-family residence. 2. Unit Size. The floor area of a JADU shall not exceed five hundred (500) square feet. If the bathroom is shared with the single-family residence, it shall not be included in the floor area. 3. Location. A JADU shall be created from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence. 4. Access. A separate, exterior entrance to the JADU shall be provided. 5. Bathroom. If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. 6. Kitchen.A JADU shall include an efficiency kitchen. The efficiency kitchen must be removed when the JADU use ceases. D. Use Restrictions. 1. JADUs may be rented but shall not be sold separate from the single-family residence. 2. JADUs may not be rented for periods of less than thirty (30) days. 3. The owner of the property must reside in either the single-family home or the newly created JADU. Owner-occupancy shall not be required if the owner is another Page 11 of 14 governmental agency, land trust, or housing organization. 4. Deed Restriction. The property owner shall record a deed restriction that: i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and ii. Specifies that the deed restriction runs with the land and is enforceable against future property owners; and iii. Restricts the size and attributes of the JADU to those established by this section and Government Code § 66333; and iv. Makes the City of Ukiah a third-party beneficiary of the deed restriction withthe right to enforce the provisions of the deed restriction. SECTION 7 Division 9, Chapter 2, Article 6, Neighborhood Commercial (C-N) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* **"): §9061 Allowed Uses Accessory uses to any allowed or permitted uses. Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter. AGG.er,60Fy dwelling unitr, and junier ar.Gesswy dwelling units, as defiRed 'R sertien 9278 of this Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. SECTION 8 Division 9, Chapter 2,Article 7, Community Commercial (C-1) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by ***„) §9081 Allowed Uses Accessory uses to any allowed or permitted uses. Page 12 of 14 Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter. AGGessepy dwelling units and juniep aGcesseFy dwelling units, as defiRed in %GtieR 9-2:79- nf Shms. Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. *** SECTION 9 Division 9, Chapter 2,Article 8, Heavy Commercial(C-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9096 Allowed Uses Accessory uses to any allowed or permitted uses. Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter. AGGesseFy dwelling units and j6lAiGF aGGe66GFY GlWelliAg Units, as defined in ser.WR 927-9 ef this JuniorAccessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter. *** SeGend dwelling units as allowed On the R-1 dir*006 on seGfien 9016 Of this Ghapter-. SECTION 10 1. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE: This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah and shall become effective not sooner than Page 13 of 14 completion of review of the Ordinance by the Department of Housing and Community Development pursuant to Government Code Section 66326. Introduced by title only on August 21, 2024, by the following roll call vote: AYES: Rodin, Orozco, Sher, Crane, and Mayor Duenas NOES: None ABSTAIN: None ABSENT: None Adopted on September 4, 2024, by the following roll call vote: AYES: Rodin, Orozco, Sher, Crane, and Mayor Duenas NOES: None ABSTAIN: None ABSENT: None J efin Duefias, Mayor ATTEST: Kristine Lawler, City Clerk Page 14 of 14