CHAPTER 2
ZONING
ARTICLE 7. REGULATIONS IN COMMUNITY COMMERCIAL (C-1) DISTRICTS1
SECTION:
§9084: Building Site Area Required
§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, 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. (Ord. 1006, §1, adopted 1998; Ord. 1216, §5, adopted 2021)
§9081 ALLOWED USES
The following uses are allowed in the Community Commercial (C-1) Zoning District:
Accessory uses to any allowed or permitted uses.
Accessory dwelling units (ADUs), as regulated by Chapter 2, Article 5.3 of this division.
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.
Junior accessory dwelling units (JADUs), as regulated by Chapter 2, Article 5.4 of this division.
Low barrier navigation centers.
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 Chapter 2, Article 5.2 of this division 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.
Small and large family child daycare homes. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §9, adopted 2020; Ord. 1216, §5, adopted 2021; Ord. 1244, §8, adopted 2024)
§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 cultivation – Processor.
Cannabis manufacturer – Packaging.
Cannabis manufacturer – Shared use.
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 homes shall comply with the additional development standards in section 9087 of this code.
Multiple-family dwellings that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division.
Mobile home parks.
Social halls and lodges.
Theater.
Veterinarian. (Ord. 1006, §1, adopted 1998; Ord. 1186, §1, adopted 2018; Ord. 1216, §5, adopted 2021; Ord. 1226, §3, adopted 2022)
§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; Ord. 1216, §5, adopted 2021)
§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. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §5, adopted 2021)
§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. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §5, adopted 2021)
§9086 REQUIRED PARKING
The minimum parking area required in the Community Commercial (C-1) Zoning Districts shall be as follows:
A. Commercial Uses:
1. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area.
2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross leasable floor area.
3. Commercial Recreation And Public Assembly: One parking space for each four (4) person capacity.
4. Restaurant: One parking space for every three (3) seats, with a minimum of four (4) spaces. An additional parking space for each two (2) employees at maximum shift.
5. Bicycle Parking: Safe bicycle parking facilities shall be provided in all commercial developments, where it is determined that the use would attract bicyclists. The number of bicycle parking spaces required shall be not less than ten percent (10%) of the number of required off-street automobile parking spaces. Such safe bicycle parking shall be located convenient to the entrance(s) to the use.
B. Downtown Parking District: All parcels within the downtown parking district No. 1 are not subject to the C-1 zoning district parking standards. These parcels shall comply with the provisions of the downtown parking improvement program.
C. Residential Uses: The minimum parking areas are required for the following residential uses:
1. Single-Family Dwelling: Two (2) on-site parking spaces per unit.
2. Duplex: One and one-half (1.5) on-site parking spaces per unit.
3. Multiple-Family Dwelling: One on-site parking space per unit.
D. Other Uses: All other uses are subject to the provisions contained in Chapter 2, Article 17 of this division.
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. (Ord. 1006, §1, adopted 1998; Ord. 1216, §5, adopted 2021)
§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 of this code that comply with the design and development standards in Chapter 2, Article 5.2 of this division.
B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners.
C. Manufactured homes certified under the National Manufactured Housing 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 California 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 Chapter 2, Article 5.2 of this division, 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 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 three feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.
f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors.
g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless because of the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings.
h. Landscaping plans shall include an automatic irrigation system and lighting plan.
i. All required landscaping for commercial development projects shall be maintained.
j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.
k. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.
E. No fence shall be constructed over three feet (3') in height in any required front yard setback area.
F. Existing developments 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. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1168, §3, adopted 2016; Ord. 1216, §5, adopted 2021)
§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. (Ord. 1006, §1, adopted 1998)
Ord. 793, §2, adopted 1982; Ord. 921, §2, adopted 1991; rep. by Ord. 1006, §1, adopted 1998.