Div. 9, Ch. 2, Art. 18 DOWNTOWN ZONING CODE

A. To create an urban environment that implements and fulfills the goals, objectives and strategies of the Ukiah General Plan by encouraging the development of a healthy, safe, diverse, compact and walkable urban community.

B. To implement the vision for the study area created by the community during an intense and open community design charette process in 2007. That vision is one of environmentally sustainable and economically vital public spaces and buildings with a renewed civic square, attractive civic buildings and spaces, a healthy creek corridor, gateways that reflect Ukiah’s sense of place, a mix of building types and affordability, new development that supports and enhances the train depot and rail corridor, interconnected and pedestrian-oriented public streets, specific locations for potential anchor buildings (such as large-scale retail, employment centers and parking structures), and pedestrian-friendly buildings and streetscapes.

C. To manage the scale and general character of new development to emulate the best elements of Ukiah’s heritage, such as shady downtown streets, diverse architecture, mixed-use shopfront buildings in the downtown, and the architecture of historic civic buildings.

D. To ensure that public and private spaces are connected and compatible. Buildings that line public spaces relate to the natural surroundings and character of the local built environment, and connect to one another at the pedestrian scale. Public spaces are more than streets and paths for people traveling on foot, on bicycles and in cars. They are the community gathering places. The character of these public spaces is defined by their design and detail, and by the way that private buildings connect to public spaces.

E. To coordinate the design of public and private elements in a comprehensive and systematic approach. The downtown zoning district provides this system, focusing on the pedestrian experience as well as on the efficient movement of pedestrians, bicycles, and automobiles.

F. To facilitate the coexistence of a wide range of residential, commercial and similar uses in close proximity within a lively downtown urban environment.

G. To preserve and enhance the historic downtown.

H. To support local businesses and create a vibrant commercial downtown where buildings meet the street and activate a wide range of pedestrian-friendly uses.

I. To promote and encourage a sustainable community through the reuse and improvement of existing buildings, infill development, green building and smart growth practices, and resource conservation (such as the enhancement of the creek corridor, tree planting, and tree preservation). (Ord. 1139, §2 (Exh. A, 1.010), adopted 2012)

§9221 APPLICABILITY

§9221.1 APPLICABILITY

Proposed development, subdivisions, and new land uses within the downtown zoning code (DZC) shall comply with all of the applicable requirements of this article (downtown zoning code) as follows:

A. Zoning Map: The Zoning Map shows the boundaries of the downtown zoning code, the zoning designations within this code, and identifies the specific parcels within each zone. The zoning designation determines the standards for building placement, design, and use.

B. Building and Site Uses: The building and site uses in section 9223 of this code identify the land uses allowed by the City in each of the zones established on the Zoning Map. A parcel shall be occupied only by land uses identified as allowed within the applicable zone by section 9223 of this code, Building and Site Uses. Section 9224 of this code, Standards for Specific Land Uses, identifies standards that apply to specific land uses allowed by this code.

C. Site and Building Development Standards: The site and building development standards in section 9225 of this code regulate the aspects of each private building and parcel of land that affect the public realm. The standards vary according to the zone applied to each parcel by the Zoning Map, Circulation Map, and Special Designations Map. The site and development standards regulate such things as the subdivision of land, building placement, and facade design.

D. Architectural Standards: The architectural standards identified in section 9226 of this code regulate the required form of each private building.

E. Historical Building Standards: The historical building standards in section 9227 of this code regulate modifications to buildings that are fifty (50) years or older.

F. Parking Requirements and Design Standards: The parking standards and procedures in section 9228 of this code regulate the number of spaces, design, landscaping requirements, and location of required parking facilities.

G. Tree Preservation and Planting Requirements: The tree preservation and planting procedures in section 9229 of this code regulate the preservation and retention of existing trees and the planting of new street trees, parking lot trees, and riparian trees.

H. Circulation Standards: The circulation standards in section 9230 of this code regulate the design of streets, pedestrian and bike paths and other public ways within the boundaries of this code, including new thoroughfares and modifications to existing and extensions of existing thoroughfares. The Circulation Map (Figure 8) identifies existing and proposed new and/or modified circulation routes (e.g., streets, bike paths, and pedestrian ways).

I. Special Designations: The Special Designations Map (Figure 9) identifies the required location of storefront frontage types, recommended location of storefront frontage types, recommended turret locations, and required terminated vista locations and is intended to ensure that development is consistent with the architectural and design purposes of this code. (Ord. 1139, §2 (Exh. A, 2.010), adopted 2012)

§9221.2 RELATIONSHIP TO ZONING ORDINANCE

If a conflict occurs between a requirement of this article and the City of Ukiah zoning ordinance and subdivision ordinance (Chapter 1 of this division), the provisions of this article (downtown zoning code) shall apply. (Ord. 1139, §2 (Exh. A, 2.020), adopted 2012)

§9221.3 ADMINISTRATION

The standards of this article shall be administered as provided in section 9231 of this code, Administration and Procedures, and enforced as provided for in Chapter 2, Article 22 of this division, Interpretation, Enforcement Penalties and Legal Procedure. (Ord. 1139, §2 (Exh. A, 2.030), adopted 2012)

§9222 ZONING

§9222.1 APPLICABILITY

The regulations in section 9222 of this code, including the Zoning Map, apply to all proposed development within the boundaries of this code shown on the Zoning Map. No grading or building permit shall be issued and no discretionary entitlement shall be approved unless the proposed construction and land uses comply with this article.

A. Zoning Districts: The Zoning Map (Figure 1) in this section establishes three (3) separate zoning districts within the downtown zoning code: General Urban (GU); Urban Center (UC); and Downtown Core (DC):

1. General Urban (GU) Zone: The GU Zone allows for mixed-use and urban residential uses in a wide range of building types, from single use and single-family to a mix of uses and multifamily. Setbacks and landscaping are variable. Streets define medium size blocks.

2. Urban Center (UC) Zone: The UC Zone allows for higher density residential and mixed-use buildings that may accommodate retail, office, services, local and regional civic uses, and residential uses. This zone has a tight network of streets with wide sidewalks, regularly spaced street tree planting, and buildings set close to lot frontages.

3. Downtown Core (DC) Zone: The DC Zone allows the highest density and intensity of development allowing a wide variety of commercial uses and residential uses located in mixed-use buildings. This zone has small, walkable blocks with regularly spaced street trees and buildings set at the frontage line.

B. Special Designations: The Zoning Map (Figure 1), Circulation Map (Figure 8), and Special Designations Map (Figure 9) establish the following designations. The symbol for each designation is identified on the specific map.

1. Civic Space: Civic spaces are outdoor areas dedicated for public use. Civic spaces are defined by the relationship among certain physical elements, such as their intended use, size, landscaping, and buildings along the frontage line. Several types of civic spaces are described in Table 2: Civic Spaces, and shown in Figure 1 (Zoning Map). This code includes both existing civic spaces and the potential for the creation of new civic spaces as described below:

a. Existing (CE): Existing civic spaces within the DZC boundaries are shown on the Zoning Map. The allowed uses of parcels with the CE designation are determined by the zoning of the property (GU, UC, DC). The purpose of the CE designation is to identify the location of the existing civic spaces within the boundaries of this code. Existing civic spaces within the district include the Alex B. Thomas Plaza and Depot Park.

b. Preferred (CP): Preferred civic spaces within the district are shown on the Zoning Map. The allowed uses of the parcels with the CP designation are determined by the zoning of the property (GU, UC, DC). The purpose of the CP designation is to identify the preferred location of new civic space within the boundaries of this code and to provide specific recommendations for the following preferred civic spaces.

(1) Depot Area: This preferred civic space provides access to the historic depot and the rail trail corridor. The area currently includes a plaza along the Perkins Street frontage. The parcels in this area are undeveloped and large enough to accommodate large civic uses and spaces. Any future development shall maintain access to the rail trail corridor and depot. Future development should utilize architecture that is compatible with the historic depot, provide adequate pedestrian connections to the rail trail and depot, and expand the current plaza area.

(2) Gibson Creek Corridor: New civic spaces and the enhancement of existing spaces encompassing Gibson Creek, including currently covered segments, are recommended elements of this code. Use and development of parcels that abut Gibson Creek within the boundaries of this code are determined by the zoning of the parcel as shown on the Zoning Map. Any future development shall consider daylighting, re-establishing and providing public access to the creek corridor, or granting to the City a sixty-foot (60') right-of-way for the future daylighting, restoration and operation of a publicly accessible creek corridor in a location approximately as shown on the Circulation Map.

(3) West of Leslie Street to Railroad Right-of-Way (Railroad Depot Property): The area bounded by Leslie Street, Perkins Street and the railroad tracks includes several larger undeveloped parcels which provide an opportunity for a large civic facility in the form of a single or multiple civic buildings. Any such development should include civic space as described in Table 2 and as allowed in Table 3. The continuation of Hospital Drive into the site provides an opportunity for a terminated vista as shown on the Special Designations Map (Figure 9). The allowed uses and development standards are determined by the zoning of the property.

2. Public Parking – Existing (PE): These sites are intended to serve the general parking needs within the boundaries of this code and of the City at large and are shown on the Zoning Map as PE. The allowed uses are determined by the zoning of the property (GU, UC, DC). This designation has been applied to existing City-owned parking lots.

3. Parking Structure and/or Anchor Tenant Opportunity Sites – Preferred: These opportunity sites designated on the Zoning Map are recommended to be developed with a parking structure and/or medium or large retail use or a large employer with the potential to generate a significant number of pedestrians and thereby invigorate the area within and adjacent to the boundaries of this code. These sites are shown on the Zoning Map as PP. The allowed uses and development standards are determined by the zoning of the parcel (GU, UC, DC).

4. Flood Plain. The approximate location of the one hundred (100) year flood plain as shown on the FEMA Flood Insurance Rate Map (FIRM) is included on the Zoning Map to provide general information. This is not a zoning designation. Parcels with this designation are subject to the requirements of this code and the City’s flood plain management regulations.

C. Conflict with Other Regulations: The provisions of this article take precedence over those of conflicting codes, regulations and standards adopted by the City of Ukiah and other agencies to the extent allowed by law. In particular, this article (Downtown Zoning Code) supersedes Chapter 2, Articles 3 through Article 17 and Articles 20 and 21 of this code (Zoning), except as specifically referenced in this article. The provisions of this article shall not take precedence over:

1. Building regulations (Division 3 of this code).

2. Flood plain management regulations (California Building Code Appendix G).

3. Mendocino County Airport Comprehensive Land Use Plan.

D. Frontage Improvements and Dedications: The developer shall construct frontage improvements and dedicate as required by the Ukiah City Code. (Ord. 1139, §2 (Exh. A, 3.010), adopted 2012)

Figure 1: Downtown Zoning Code Zoning Map

§9222.2 TRANSECT ZONES

Table 1 illustrates the horizontal (plan) and vertical (profile) scale of development moving from natural and open areas to the most densely developed urban areas. The transects allowed by this code are identified on the Zoning Map.

Table 1: Transect Zones
NATURAL ZONE	RURAL ZONE	SUBURBAN ZONE	GENERAL URBAN ZONE	URBAN CENTER ZONE	DOWNTOWN CORE ZONE
Lands approximating or reverting to a wilderness condition, including lands unsuitable for settlement due to topography, hydrology or vegetation. Not used in this code	Lands in open or cultivated state or sparsely settled. These include woodland, agricultural lands, grasslands and irrigable deserts. Not used in this code	Low density suburban residential areas, differing by allowing home occupations. Planting is naturalistic with setbacks relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. Not used in this code	Mixed-use and residential urban fabric. It has a wide range of building types: single, side yard, and rowhouses. Setbacks and landscaping are variable. Streets typically define medium-sized blocks. GU Zone in this code	Higher density mixed-use building types that accommodate retail, offices, rowhouses and apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the frontages. UC Zone in this code	The highest density and intensity of development with a wide variety of commercial uses and residential uses located in mixed-use buildings. A tight network of walkable blocks, regularly spaced street trees and buildings set at the frontage line. DC Zone in this code
MORE RURAL			MORE URBAN
Private Spaces			Private Spaces
Less density			More density
Larger blocks			Smaller blocks
Primarily residential			Primarily mixed-use
Smaller buildings			Larger buildings
More green spaces			More hardscape
Detached buildings			Attached buildings
Unaligned frontages			Aligned frontages
Yards and porches			Stoops and shopfronts
Deep setbacks			Shallow setbacks
Articulated massing			Simple massing
Wooden buildings			Masonry buildings
Mostly pitched roofs			Many flat roofs
Small yard signs			Building mounted signs
Public Spaces			Public Spaces
Roads and lanes			Streets and alleys
Narrow paths			Wide sidewalks
Less congestion			More congestion
Less regulated parking			Dedicated parking
Larger curb radii			Smaller curb radii
Less artificial lighting			Brighter lighting
Open drainage			Curbs and gutters
Mixed tree types			Aligned street trees
Quieter			Noisier
Civic Places			Civic Places
Local gathering places			Regional institutions
Parks and greens			Plazas and squares

(Ord. 1139, §2 (Exh. A, 3.020), adopted 2012)

§9222.3 CIVIC SPACES

Table 2 illustrates various types of civic space. The types of civic spaces allowed within the boundaries of this code are determined by Table 3: Allowed Uses and Permit Requirements, based on the zoning of the parcel.

Table 2: Civic Spaces
Civic Spaces		Zone
Park: A natural preserve available for unstructured recreation. A park may be independent of surrounding building frontages. Its landscape shall consist of paths and trails, meadows, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size is typically 15 acres. This type of civic space is prohibited in the GU, UC, and DC zoning districts.
Green: An open space, available for unstructured recreation. A green may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The typical size is 2 to15 acres. This type of civic space is prohibited in the GU, UC, and DC zoning districts.
Square: An open space available for unstructured recreation and civic purposes. A square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important thoroughfares. The typical size is 1 to 5 acres. There shall be no minimum size. An allowed use in the GU, UC, and DC zoning districts. See Table 3: Allowed Uses and Permit Requirements.		GU UC DC
Plaza: An open space, available for civic purposes and commercial activities. A plaza shall be spatially defined by building frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas are typically located at the intersection of important streets. The typical size is 1 to 2 acres. There shall be no minimum size. An allowed use in the GU, UC, and DC zoning districts. See Table 3: Allowed Uses and Permit Requirements.		GU UC DC
Playground: An open space designed and equipped for the recreation of children. A playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum size. An allowed use in the GU, UC, and DC zoning districts. See Table 3: Allowed Uses and Permit Requirements.		GU UC DC

(Ord. 1139, §2 (Exh. A, 3.030), adopted 2012)

§9223 BUILDING AND SITE USES

§9223.1 APPLICABILITY

Parcels and buildings shall be occupied by only the land uses allowed by Table 3: Allowed Uses and Permit Requirements, within the zone applied to the parcel by the Zoning Map (Figure 1).

A. Establishment of an Allowable Use:

1. Any one or more land uses identified by Table 3 as being allowed within a particular zone may be established on any parcel within that zone, subject to the planning permit required for the use by Table 3, and in compliance with all other applicable requirements of this article.

2. Where a single parcel is proposed for development with two (2) or more land uses listed in Table 3, the overall project shall be subject to the highest planning permit level required by the table for any individual use.

B. Permit Requirements for Allowable Uses: Table 3 identifies the uses of land allowed by this article in the zones established by section 9222 of this code, Zoning, and the planning permit required to establish each use. Table 3 provides for land uses that are:

1. Allowed subject to compliance with all applicable provisions of this code and shown as “A” uses in the table;

2. Allowed subject to the approval of a minor use permit (section 9231 of this code, Administration and Procedures) and shown as “MIUP” uses in the table;

3. Allowed subject to the approval of a major use permit (section 9231 of this code, Administration and Procedures) and shown as “MAUP” uses in the table;

4. Allowed as a use that is accessory to an allowed or permitted use and shown as “AC” uses in the table; or

5. Not allowed within a specified zone and shown as “ – ” in the table.

C. Use Not Listed: Whenever a use is not listed in Table 3 as an allowed use, a use requiring a use permit, or a prohibited use, the Planning Director shall determine whether the use is appropriate for the zoning district, either as an allowed use or a use subject to a use permit. In making this determination, the Planning Director shall find as follows:

1. The use is similar in nature and intensity to uses listed as allowed or requiring a use permit;

2. The use would not be incompatible with other existing allowed uses;

3. The use would not be detrimental to the continuing development of the area in which the use would be located; and

4. The use would be in harmony and consistent with the purposes of this code and the district in which the use would be located.

The determination shall be in writing and 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 are filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by the applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance with the procedures set forth in section 9231 of this code, Administration and Procedures. 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.

Table 3: Allowed Uses and Permit Requirements
A Use Allowed by Right AC Use Allowed Accessory to a Principal Use MIUP Use Allowed with a Minor Use Permit MAUP Use Allowed with a Major Use Permit – Use Prohibited	General Urban GU	Urban Center UC	Downtown Core DC	Additional Zoning Requirements by Code Section

ASSEMBLY, EDUCATION, AND RECREATION (2)
Church, chapel, religious assembly, and instruction	MIUP	A(3)	–
Commercial recreation – indoor	–	MIUP	MIUP
Community garden, playground, plaza, square	A	A	A	section 9224.3
Conference, convention, exhibition facility	MAUP	MAUP	MAUP
Fitness, health facility	MIUP	MIUP	MIUP
Library, museum	A(3)	A(3)	A(3)
Live entertainment	AC	AC	AC	section 9224.6
School – college, high school	MAUP	MAUP	MAUP
School – elementary, middle	A(3)	MAUP	MAUP
School – specialized education and training	MIUP(5)	MIUP(5)	MIUP(5)
Social hall, lodge	MIUP	A(3)	A(3)
Studio – art, dance, martial arts, music	A(3)	A(3)	A(3)
Theater – movie, live performance	–	A(3)	A(3)
LODGING (2)
Bed and breakfast	A	A	A
Hotel, motel	A	A	A
RESIDENTIAL (2)
Dwelling – condominium (new, conversion)	A	A	A	section 9224.10
Dwelling – duplex	A	A	–
Dwelling, multiple household	A	A	–
Dwelling, second unit	AC(7)	AC(7)	–	section 9224.13
Dwelling, single household	A	A	–
Dwelling, single room occupancy	A(9)	A(9)	A(9)	section 9224.14
Home occupation	AC(1)(6)	AC(1)(6)	AC(1)(6)	section 9224.4
Homeless facility – large (more than 12 persons)	MAUP(2)	–	–	section 9171
Homeless facility – small (fewer than 12 persons)	MAUP(2)	–	–
Live/work unit	A	A	A	section 9224.11
Residential in mixed-use building	A(9)	A(9)	A(9)	section 9224.12
RETAIL (2)
Adult cabaret	–	–	–
Adult entertainment business	MAUP	MAUP	MAUP	subsection 9176D
Alcoholic beverage sales	–	–	–
Artisan shop	A(3)(4)	A(3)(4)	A(3)(4)
Bar, cocktail lounge, nightclub	–	MAUP	MAUP
Farmers market – certified	A	A	A
Fueling, gas station	–	MAUP	–
Furniture, furnishings, and appliance stores	–	A(3)	A(3)
General retail	A(4)	A(4)	A(4)
Grocery/specialty food store	A(4)	A(4)	A(4)
Mobile food vendor	MIUP	MIUP	MIUP
Mobile food vendor – stationary	MIUP	MIUP	MAUP
Outdoor sales establishment	MIUP	MIUP	MIUP
Restaurant, cafe, coffeehouse	A(4)	A(4)	A(4)
Restaurant – formula fast food	–	–	–	section 9224.9
Restaurant – outdoor dining (on site)	MIUP	MIUP	MIUP	section 9224.7
Restaurant – sidewalk cafe (in the right-of-way)	AC	AC	AC	section 9224.8
Second hand store, thrift store	MIUP	MAUP	MAUP
Shopping center	–	MAUP	–
Smoke shop	–	–	–
Specialty food and beverage sales with tastings	A	A	A	section 9224.15
SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL (2)
Business support services	A(3)	A(3)	A(3)
Community care facility – 6 or fewer clients	A(3)(4)	A(3)(4)	–
Community care facility – 7 to 12 clients	A(3)(4)	A(3)(4)	–
Convalescent services, rest home, residential medical facility	MAUP	MAUP	–
Financial services	A(3)	A(3)	A(3)
Medical services – clinic, urgent care	MAUP	A(3)	A(5)
Medical services – major	–	MIUP	MIUP
Office – business service	A(3)	A(3)	A(3)
Office – government	A(3)	A(3)	A(3)
Office – medical, dental	A(3)	A(3)	A(3)
Office – processing	A(3)	A(3)	A(3)
Office – professional	A(3)	A(3)	A(3)
Veterinary office or services – small animal	A(5)	A(5)	A(5)
SERVICES – GENERAL (2)
Agricultural equipment sales or rental	–	–	–
Child daycare – daycare center	MIUP	MIUP	MIUP
Child daycare – large family	AC(1)(6)	AC(1)(6)	AC(1)(6)	section 9224.5
Child daycare – small family	AC(1)(6)	AC(1)(6)	AC(1)(6)
Equipment rental	A(5)	A(5)	–
Kennel, doggy daycare	–	–	–
Laundromat	A(5)	A(5)	–
Maintenance/repair – client site services	A(5)	A(5)	–
Maintenance/repair – equipment, large appliances	–	–	–
Maintenance/repair – small equipment, small appliances	A(5)	A(5)	A(5)
Personal services	A(5)	A(5)	A(5)
Personal services – restricted	–	–	–
Pet services, pet store	A(3)	A(3)	A(3)
Safety services, fire station, police station	A	A	A
Vehicle services – major repair/body work	–	–	–
Vehicle services – minor maintenance/repair	MIUP	MIUP	–
MANUFACTURING, WAREHOUSING (2)
Artisan/craft product manufacturing	–	A(3)	–
Clothing and fabric product manufacturing	–	A(3)	–
Metal products fabrication, machine, welding shop	–	–	–
Small products manufacturing	A(5)	A(5)	–
Storage – personal storage facility	MIUP(9)	MIUP(9)	–
TRANSPORTATION, COMMUNICATIONS (2)
Parking lot – public or commercial	MAUP	MAUP	–
Parking structure – in location designated on Zoning Map	–	A	–
Parking structure – in location not designated on Zoning Map	–	MAUP	MAUP
Telecommunications antenna, facility, tower	MAUP	MAUP	–
Transportation service, transportation terminal	–	MAUP	MAUP
OTHER (2)
Accessory building (10)	AC	AC	–	Table 7
Accessory use(s)	AC	AC	AC
Animals in the City	MIUP	MIUP	–	section 9182
Cannabis microbusiness	MAUP	MAUP	MAUP	sections 9254 and 9261
Cannabis retailer	MAUP	MAUP	MAUP	sections 9254 and 9261
Cannabis testing laboratory	MAUP	MAUP	MAUP	sections 9254 and 9261
Drive-through or drive-up – restaurant	–	–	–
Drive-through or drive-up – bank, pharmacy	AC(2)	AC(2)	–	Table 27
Electric vehicle charging station	AC	AC	AC
Medical marijuana dispensary	DUP	DUP	DUP	sections 5703 and 5707
Storage – accessory	AC	AC	AC
Storage – yard (11)	AC	AC	AC	Table 9
Temporary uses less than 6 months and consistent with the purposes of this code	MIUP	MIUP	MIUP
1. A business license may be required. Contact the City of Ukiah Administrative Office to determine if a business license is required. 2. Site development permit may be required (see section 9231 of this code, Administration and Procedures). 3. A minor use permit is required to exceed 5,000 gross square feet of floor area or 100 lineal feet on the ground floor (street level) frontage when a storefront frontage type is required by Figure 9: Special Designations Map. 4. A major use permit is required to exceed 15,000 gross square feet of floor area on the ground floor (street level). 5. A major use permit is required to exceed 5,000 gross square feet or 100 lineal feet on the ground floor (street level). 6. Allowed accessory to a residential use. 7. Allowed accessory to a single-family residence. 8. Allowed accessory to an allowed or permitted restaurant use. 9. Allowed on floors above the ground floor or behind a ground floor use. A major use permit is required to allow on the street frontage of the ground floor. 10. Allowed accessory to a principal building and subject to the requirements of Table 7: Accessory Building Standards. 11. Allowed accessory to a principal use and consistent with the requirements of Table 9: Development Standards for All Land Uses.

(Ord. 1139, §2 (Exh. A, 4.010), adopted 2012; Ord. 1176, §2, adopted 2017; Ord. 1186, §6, adopted 2018; Ord. 1188, §3, adopted 2018; Ord. 1210, §2, adopted 2021; Ord. 1226, §9, adopted 2022)

§9224 STANDARDS FOR SPECIFIC LAND USES

§9224.1 PURPOSE

Section 9224 of this code provides site planning, development, and/or operational standards for certain land uses that are allowed by section 9223 of this code, Building and Site Uses. The standards for each use are intended to mitigate any potentially adverse impacts associated with the specific use. (Ord. 1139, §2 (Exh. A, 5.010), adopted 2012)

§9224.2 APPLICABILITY

The land uses and activities included in section 9224 of this code shall comply with the provisions of the section applicable to the specific land use, in addition to all other applicable provisions of this article and the Ukiah City Code.

A. Where Allowed: The uses that are subject to the standards in section 9224 of this code shall be located in compliance with the requirements of section 9223 of this code, Building and Site Uses.

B. Land Use Permit Requirements: The uses that are subject to the standards in section 9224 of this code shall be authorized by the land use permit required by section 9223 of this code, Building and Site Uses, except where a land use requirement is established by section 9224 of this code for a specific use.

C. Development Standards: The standards for specific land uses included in section 9224 of this code are required and supplement those included in this code and the Ukiah City Code. In the event of any conflict between the requirements of section 9224 of this code and those included in this code, the requirements of section 9224 of this code shall control. (Ord. 1139, §2 (Exh. A, 5.020), adopted 2012)

§9224.3 COMMUNITY GARDENS

A community garden shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Days and Hours of Operation: Seven (7) days a week from seven o’clock (7:00) A.M. until dusk.

B. Fencing: Fencing is discouraged. When fencing is required to prevent vandalism or theft, trespassing, and/or encroachment by animals, fencing shall comply with the following:

1. Open Fencing: Open fencing (such as chain link, wrought iron, deer) up to six (6) feet in height, measured from the grade adjacent to the fence to the top of the fence, is allowed at the property line or set back from the property line. This type of fencing allows the garden to be protected and maximizes the size of the garden while creating an open, pedestrian-oriented use consistent with the purposes of this code.

2. Solid Fencing: Solid fencing (such as wood, masonry) is prohibited since this closes off the site to the public realm, presents a solid unbroken surface which is not pedestrian-oriented, and reduces the size of the garden.

C. Herbicides and Pesticides: All pest and weed control shall be accomplished through organic means using the least toxic methods available. If unsure how to combat pests, weeds, and diseases organically, contact the garden team leader or other qualified professionals or organizations for guidance and resources.

D. Motorized Equipment: Use of motorized equipment (such as weed eaters, leaf blowers, rototillers) shall be limited to weekdays from eight o’clock (8:00) A.M. to seven o’clock (7:00) P.M. and weekends and holidays recognized by the City of Ukiah from ten o’clock (10:00) A.M. to five o’clock (5:00) P.M.

E. Noise: Compliance with the City of Ukiah noise ordinance is required, except as indicated in subsection D of this section, Motorized Equipment, which may be more restrictive.

F. Parking: A minimum of one parking space along the street frontage of the community garden shall be provided. Vehicle use by members of the community garden should be limited to taking supplies to and from the garden, rainy or poor weather, or a disability. Users of the garden shall be encouraged to walk or bike to the site in order to reduce the need for parking and parking impacts on neighboring uses.

G. Signs: Signs are limited to identification, informational, and directional signs in conformance with the City of Ukiah sign ordinance requirements.

H. Structures – Accessory: The following accessory structures are allowed: tool sheds, greenhouses, cold-frames, hoop houses, compost bins, rain barrel systems, picnic tables, benches, bike racks, garden art, and fences subject to the development standards of the zoning district in which the community garden is located and the requirements of this section. Commercially maintained portable bathrooms are allowed as accessory structures; provided, that they comply with accessibility standards and comply with the development standards of the zoning district in which the community garden is located.

I. Water Use: Every effort shall be made to reduce water usage. Drip irrigation is required where feasible. Mulch and compost shall be used in order to reduce the amount of water needed for garden plots.

J. Prohibitions: Smoking, drinking alcoholic beverages, using illegal drugs, and gambling are prohibited. Weapons, pets and other animals (except service animals) are also prohibited. (Ord. 1139, §2 (Exh. A, 5.030), adopted 2012)

§9224.4 HOME OCCUPATIONS

A home occupation shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Purpose: The provisions of this section are intended to allow limited business activity to occur within a residence, where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. Home occupations are also a means of promoting workplace alternatives.

B. Alterations to Dwelling: No interior or exterior alterations for the home occupation shall be made to the dwelling that are not customarily found in or to serve residences.

C. Commercial Vehicles: No commercial vehicle shall be used in conjunction with a home occupation, except pickups of three-quarters ton or less.

D. Employees: Residents plus no more than two (2) nonresidents may work at a home occupation location.

E. Identification: The home occupation shall not be identifiable from the property line by any means, including but not limited to sight, noise, light, smoke, odor, vibration, electrical interference, dust, glare, liquid, or solid waste. A person standing on the property line of the parcel on which the home occupation is located should not be aware of the home occupation.

F. Items for Sale: Items offered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers, in which case all articles except samples shall be received, stored, and sold to customers at off-site locations.

G. Location: The home occupation shall be conducted primarily within the main dwelling structure and shall not involve the use of any yard space or outside area. Accessory structures such as garages may be used but not in such a way as to preclude required vehicle parking.

H. Parking and Traffic: The home occupation shall not create pedestrian, automobile, or truck traffic or parking in excess of that normally associated with a residential use, with no more than two (2) nonresident vehicles parked on the street at any given time and no idling of employee or customer vehicles.

I. Signs: One nonilluminated identification sign of not more than one and one-half (1.5) square feet in area may be placed flat against an outside wall of the residence to advertise the home occupation subject to application for and approval of a sign permit.

J. Storage: Outside storage of supplies or equipment is prohibited.

K. Prohibited Uses: The following uses and similar activities as determined by the Planning Director are prohibited as home occupations:

vehicle maintenance and repair;

medical or dental offices;

barber shop/beauty shop, nail salon;

card reading, astrological services;

class instruction on premises with more than two (2) students at any time;

on-site painting services (auto, boat, appliance, etc.);

gun repair, sale of guns or ammunition;

food handling, processing, or packaging;

welding, metal, or woodworking shops;

kennels (including pet daycare), boarding of animals, pet grooming shops, animal hospitals; and

activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons, and/or highly flammable materials. (Ord. 1139, §2 (Exh. A, 5.040), adopted 2012)

§9224.5 LARGE FAMILY DAYCARE

Large family daycare facilities shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Purpose: The purpose of these standards is to address potential impacts related to large family daycare facilities, thereby eliminating the need for a use permit. The intention is to encourage the creation of large family daycare facilities, create more options for child care, and to make the operating characteristics of these facilities compatible with surrounding uses.

B. Permit Required: No large family daycare shall be conducted without application for and approval of a business license.

C. Location: In no case shall a property be directly abutted by large family daycare facilities on two (2) or more sides.

D. Parking: All dwellings used for large family daycare facilities shall provide at least three (3) parking spaces, no more than one of which may be provided in a garage or carport. These may include spaces already provided to fulfill residential parking requirements.

E. Drop-Off and Pick-Up:

1. Drop-off and pick-up of children shall be staggered.

2. Residences located on arterial streets must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. For residences not located on an arterial street, on-street parking stalls adjacent to the site may be considered to satisfy this requirement.

F. Fencing and Barriers:

1. Any side or rear yard intended for daycare use shall be surrounded by a barrier to separate children from neighboring properties unless the Planning Director determines that a barrier is not necessary (e.g., for properties not bordering developed properties). Examples of acceptable barriers include wood fences, walls, and hedges. Fences shall be installed to protect children from possible hazards (such as swimming pools, ravines, aggressive animals).

2. The location, height, and type of fencing shall comply with the fencing requirements of the zoning district in which the parcel is located.

G. Recreation Equipment: Recreation equipment exceeding eight (8) feet in height located in any yard area intended for daycare use shall comply with the minimum setback requirements of the applicable zoning district and be kept a minimum distance of five (5) feet from perimeter property lines.

H. Noise: Noise generated from the daycare facility shall not exceed the standards established by the City of Ukiah noise ordinance as measured at the property line(s) of the daycare facility.

I. Code Compliance and Licensing: Large family daycare facilities shall comply with all applicable building and fire codes, fire code standards adopted by the State of California, and with Social Services Department licensing requirements (California Administrative Code, Title 22, Division 2).

J. Garage Conversions: Conversion of a garage to living space requires a building permit and compliance with parking requirements of this code. (Ord. 1139, §2 (Exh. A, 5.050), adopted 2012)

§9224.6 LIVE ENTERTAINMENT

Live entertainment shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Accessory Use: Live entertainment with four (4) or fewer acoustical performers is allowed as an accessory use when it is clearly incidental to the primary use of the building or site and will not negatively impact surrounding businesses and properties and hours of performance do not extend past nine o’clock (9:00) P.M.

B. Use Permit Required: The following types of live entertainment may be authorized with approval of a use permit:

1. Bars, Cocktail Lounge: Live entertainment may be authorized at a bar or cocktail lounge with Planning Commission approval of a major use permit. The use permit shall address potential negative impacts to neighboring businesses and properties, and the possible need for police and fire services that may result from the proposed live entertainment use.

2. Large Group: Live entertainment performed by more than four (4) persons may be authorized with Zoning Administrator approval of a minor use permit, except as provided for in subsection B5 of this section.

3. Amplified Entertainment: Amplified live entertainment may be authorized with Zoning Administrator approval of a minor use permit, except as provided for in subsection B5 of this section.

4. Extended Hours: Live entertainment may be authorized past the hours of nine o’clock (9:00) P.M. with Zoning Administrator approval of a minor use permit, except as provided for in subsection B5 of this section.

5. Planning Director Determination: When a use permit is required and the type of use permit required (minor or major) has not been prescribed by this section, the Planning Director shall determine the level of use permit required. The Planning Director may refer any application for a live entertainment use permit to the Planning Commission for public hearing.

C. Use Permit: Use permits for live entertainment shall be processed in compliance with section 9262 of this code. In addition to the findings required by subsection 9262E of this code, an application for a live entertainment use permit shall address the following considerations:

1. Potential for loitering.

2. Adequacy of lighting for security and safety purposes.

3. Compatibility and suitability with the existing and allowed uses in the area and/or character of the area, including but not limited to proximity to sensitive land uses such as residences, schools, parks, daycare facilities, and churches.

4. Likelihood the use would facilitate the vitality, economic viability, and/or provide recreational or entertainment opportunities in an existing commercial area without presenting a significant impact on health and safety.

5. Comments from the Ukiah Police Department and Fire Department, including a projection of the increased burden to providing police services, potential for the use to add to law enforcement problems in the area and/or to contribute to or aggravate an existing crime problem in the area.

6. The potential for the need for annual review of the use permit.

7. Other information deemed necessary on a case-by-case basis. (Ord. 1139, §2 (Exh. A, 5.060), adopted 2012)

§9224.7 OUTDOOR DINING

On-site outdoor dining shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements, and only when the outdoor dining is incidental to and part of the operation of a restaurant located on the same parcel.

A. Purpose: The provisions of this section are intended to allow outdoor dining in association with a restaurant located on the same parcel as the outdoor dining, where the outdoor dining is clearly incidental to the adjacent restaurant use and will not negatively impact the operations and function of the existing restaurant, including parking facilities, pedestrian access and circulation, and disabled access facilities.

B. Location of Outside Dining: Outdoor dining shall be located on the same site as the restaurant which the outdoor dining will serve. Outdoor dining facilities, such as tables, chairs, umbrellas, etc., shall not be located in pedestrian walkways, required parking spaces, or disabled access facilities (such as parking spaces, walkways, entries, etc.) on or adjacent to said site. However, where there is sufficient clearance to accommodate the usual pedestrian traffic and to comply with applicable state and federal law, outdoor dining facilities are a permitted use in the areas described in the preceding sentence, subject to Zoning Administrator approval of a minor use permit. Outdoor dining areas may be located in landscaped areas if located in such a manner as not to damage the landscaping.

C. Hours of Operation: Days and hours of operation for the outdoor dining shall not extend beyond the hours of operation for the restaurant which it serves. Movable tables, chairs, and all other furniture used in the operation of outdoor dining shall be removed from any pedestrian walkways and stored indoors at night and whenever the cafe is not in operation.

D. Live Entertainment: Outdoor dining shall not be used for live entertainment unless in compliance with section 9224.6 of this code.

E. Structures, Tables, Chairs, Furniture, Signage:

1. In order to provide adequate and safe ingress/egress, a minimum unobstructed pedestrian walkway width of forty-eight inches (48") or the width of the doors, whichever is greater, shall be maintained. The required width of the unobstructed pedestrian walkway shall extend from the front of the door(s) to the public sidewalk. A reduced width may be approved by the Building Official in compliance with the building code.

2. A minimum of sixty inches (60") of unobstructed space shall be maintained between exits and any structures, furniture or fixtures related to outdoor dining, or as required by the building code, whichever is greater.

3. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. However, permanent outdoor dining furniture such as concrete tables and benches are a permitted use, subject to Zoning Administrator approval of a minor use permit.

4. Umbrellas shall be secured with a minimum base of not less than sixty (60) pounds and shall leave a vertical clearance of seven feet (7') from the sidewalk surface.

5. Outdoor heaters are allowed subject to fire and building code compliance. Non-live music and/or speakers may be authorized with Zoning Administrator approval of a minor use permit.

6. No signage shall be allowed in the outdoor dining area except for the name of the establishment on an awning or umbrella fringe and in compliance with this section and Division 3, Chapter 7 of this code (sign ordinance).

7. Permanent outdoor dining structures such as shade covers and barriers are a permitted use, subject to Zoning Administrator approval of a minor use permit.

F. Maintenance: The permittee is responsible for maintaining all outdoor dining furnishings and the outdoor dining area in good condition, including but not limited to the following:

1. All outdoor dining furnishings and all exterior surfaces within the outdoor dining area shall be easily cleanable and kept clean and free of debris.

2. The outdoor dining area and adjacent areas kept in a clean and safe condition.

G. Food and Beverages: Outdoor dining areas may only serve food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; provided, however, that the service of beer or wine or both solely for on-premises consumption by customers within the outdoor dining area may be authorized by the Planning Director and Police Department if each of the following requirements are met:

1. The outdoor dining operation is duly licensed, or prior to the service of any beer or wine will be duly licensed by State authorities to sell beer or wine for consumption within the outdoor dining area.

2. The authorized outdoor dining area is identified in a manner which will clearly separate and delineate it from the areas of the sidewalk that will remain open to pedestrian traffic.

Outdoor dining areas authorized by the Planning Department and Police Department and in compliance with the requirements of this section are exempt from section 6000 of this code.

H. Service Requirements:

1. Service areas (such as busing and service stations) may be located within the outdoor dining area. Service areas shall comply with subsection B of this section (Location of Outside Dining). Outdoor food preparation in the outdoor dining area is prohibited.

2. Restrooms for the outdoor dining area shall be provided in the adjoining indoor restaurant. Seating for the outdoor dining may be counted in determining the restroom requirements for the indoor restaurant at the discretion of the Building Official.

I. Revocation: The outdoor dining may be revoked by the City upon finding that one or more of the requirements of this section have been violated or that the outdoor dining is being operated in a manner that constitutes a nuisance. (Ord. 1139, §2 (Exh. A, 5.070), adopted 2012; Ord. 1210, §1, adopted 2021)

§9224.8 SIDEWALK CAFE

A sidewalk cafe shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Purpose: The provisions of this section are intended to allow a sidewalk cafe to operate in association with an allowed restaurant use, where the sidewalk cafe is clearly incidental to the restaurant use and will not negatively impact the right-of-way.

B. Permit Requirements: A sidewalk cafe shall require the approval of an encroachment permit from the Department of Public Works and Planning and Community Development Department.

C. Limitations and Requirements: A sidewalk cafe may be allowed only where allowed by Table 3 and only when the sidewalk cafe is incidental to and part of the operation of an adjacent restaurant and when in compliance with the following requirements of this section.

1. Where Permissible: A sidewalk cafe may be located on a public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe; provided, that the area in which the sidewalk cafe extends is no farther along the sidewalk frontage than the operating indoor restaurant.

2. Location of Sidewalk Cafes: Each cafe shall be confined to a defined location on the sidewalk immediately adjacent to the restaurant which operates the cafe.

3. Hours of Operation: Sidewalk cafes may operate on days whenever fair weather would enhance outdoor dining. The hours of operation shall not exceed eight o’clock (8:00) A.M. to nine o’clock (9:00) P.M. Tables, chairs, and all other furniture used in the operation of a sidewalk cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation. Additional hours may be authorized with Zoning Administrator approval of a minor use permit.

4. Sidewalk Clearances: A sidewalk cafe may be allowed only where the sidewalk is wide enough to adequately accommodate the usual pedestrian traffic in the area, to comply with California State accessibility standards and federal ADA requirements, and the operation of the proposed cafe.

5. Live Entertainment: A sidewalk cafe shall not be used for live entertainment. Live entertainment at sidewalk cafes may be authorized in compliance with section 9224.6 of this code.

D. Tables, Chairs, Furniture, Signage:

1. All tables and chairs comprising a sidewalk cafe shall be situated in a safe fashion and away from any sidewalk or street barrier including a bollard, and shall not be within eight feet (8') feet of any designated bus stop.

2. The dining area shall not impede the use of public furnishings such as lighting, benches, etc.

3. In order to provide adequate and safe ingress/egress, a minimum unobstructed public sidewalk width of forty-eight inches (48") shall be maintained for the entire length of the sidewalk cafe. The required width shall extend from the front of the door(s) to the end of the sidewalk cafe.

4. A minimum of sixty inches (60") of unobstructed space shall be maintained between exits and any furniture or fixtures related to the sidewalk cafe, or as required by the building code, whichever is greater.

5. All sidewalk cafe furniture, including tables, chairs, umbrellas, and planters, shall be movable.

6. Umbrellas shall be secured with a minimum base of not less than sixty (60) pounds and shall leave a vertical clearance of seven feet (7') from the sidewalk surface.

7. Outdoor heaters are allowed subject to fire and building code compliance. Music and/or speakers may be authorized with Zoning Administrator approval of a minor use permit.

8. No signage shall be allowed at the sidewalk cafe except for the name of the establishment on an awning or umbrella fringe and in compliance with this section and the sign ordinance (Division 3, Chapter 7 of this code).

9. All furnishings and other items associated with the sidewalk cafe shall be removed from the sidewalk during nonoperating hours of the cafe. Storage of these items outside may be authorized with Zoning Administrator approval of a minor use permit.

E. Maintenance: The permittee is responsible for maintaining all outdoor dining furnishings and the sidewalk cafe area in good condition, including but not limited to the following:

1. All outdoor dining furnishings and all exterior surfaces within the sidewalk cafe area shall be easily cleanable and kept clean and free of debris.

2. The sidewalk cafe area and adjacent areas kept in a clean and safe condition.

F. Food and Beverages: A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; provided, however, that the service of beer or wine or both solely for on-premises consumption by customers within the areas of the sidewalk cafe may be authorized by the Planning Director and Police Department as part of the required encroachment permit if each of the following requirements are met:

1. The sidewalk cafe operation is duly licensed, or prior to the service of any beer or wine will be duly licensed by State authorities to sell beer or wine for consumption within the area of the sidewalk cafe.

2. The area in which the sidewalk cafe is authorized is identified in a manner, as part of the encroachment permit, which will clearly separate and delineate it from the areas of the sidewalk that will remain open to pedestrian traffic.

3. One or more signs, as approved as part of the encroachment permit, are posted during all times the sidewalk cafe is in operation, which shall give notice to the cafe’s customers that the drinking of beer or wine or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated area of the sidewalk cafe. Sidewalk cafes authorized by the Planning Department and Police Department as part of the required encroachment permit and in compliance with the requirements of this section are exempt from section 6000 of this code.

G. Service Requirements:

1. The outdoor preparation of food and busing and service stations are prohibited at the sidewalk cafe. Outdoor service station may be authorized with Zoning Administrator approval of a minor use permit.

2. Restrooms for the sidewalk cafe shall be provided in the adjoining indoor restaurant. Seating for the sidewalk cafe may be counted in determining the restroom requirements for the indoor restaurant at the discretion of the Building Official.

3. Trash and refuse receptacles for the sidewalk cafe shall not be permitted within the area designated for the sidewalk cafe or on adjacent sidewalk areas and the permittee shall remove trash and litter as they accumulate. Trash and/or refuse containers may be authorized within the outdoor dining area or adjacent sidewalk areas with Zoning Administrator approval of a minor use permit.

H. Power to Prohibit Operation of the Sidewalk Cafe: The City shall have the right and power, acting through the City Manager or designee, to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power of the City to prohibit the cafe’s operation at any particular time.

I. Conditions: In connection with granting the encroachment permit for a sidewalk cafe, conditions may be imposed in granting approval as deemed necessary for the proposed operation to meet the operating requirements of this section.

J. Modifications: In the event the City determines during the operation of an approved sidewalk cafe that additional or revised conditions are necessary in order for the sidewalk cafe to comply with the requirements of this section, the City shall have the ability to add additional conditions to the approved encroachment permit.

K. Revocation: The encroachment permit to operate a sidewalk cafe may be revoked by the City upon finding that one or more conditions of the permit or this section have been violated or that the sidewalk cafe is being operated in a manner that constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes the movement of pedestrians past the sidewalk cafe. (Ord. 1139, §2 (Exh. A, 5.080), adopted 2012)

§9224.9 RESTAURANT – FORMULA FAST FOOD

A formula fast food restaurant shall comply with the requirements of this section when allowed by Table 3: Allowed Uses and Permit Requirements.

A. Purpose: The purpose of this section is to maintain the character of the area by limiting the type and number of formula fast food restaurants within the boundaries of the code in order to reduce their impact on the existing character of the area which is predominantly defined by smaller buildings, historic architecture, smaller walkable blocks, and smaller, independently owned businesses each with its own unique visual appearance, character, and offerings of goods and services.

B. Formula Fast Food Restaurant – Prohibited: New restaurants meeting the definition of “Restaurant – Formula Fast Food” included in section 9232 of this code, Glossary, are prohibited within the boundaries of this code.

C. Formula Fast Food Restaurant – Exemptions: Establishments meeting the definition of the exemption to “Restaurant – Formula Fast Food” shall be subject to the permit requirements established by Table 3: Allowed Uses and Permit Requirements, for “Restaurant, cafe, coffeehouse.”

D. Requirements for Formula Fast Food Restaurant – Exemptions: Establishments meeting the definition of the exemption to “Restaurant – Formula Fast Food” shall be allowed within the boundaries of this code in compliance with the following requirements:

1. Number: As of the date of the adoption of this code, no more than four (4) additional businesses consistent with the exemptions allowed to “Restaurant – Formula Fast Food” in section 9232 of this code, Glossary, shall be allowed within the boundaries of this code.

2. Storefront Size: The maximum storefront width shall not exceed thirty lineal feet (30').

3. Site Development Permit: Approval of a site development permit is required for any exterior building modifications. A site development permit application shall include the following as well as the items required by subsection 9263B of this code.

a. Design: Buildings shall be designed so that facades, signs and other appurtenances have an integrated, harmonious and attractively arranged appearance, and in size and manner will not adversely affect the appearance of surrounding development.

b. Sign Design: The use of halo-lit signs and dye-cut metal sign panels with individually illuminated letters or logos, alternative materials or lighting solutions, and/or adjustments to the scale of trademarks or logos may be required in place of internally illuminated or box type signs.

c. Sign Lighting: Internally illuminated signs are prohibited.

d. Window Signs: Advertising or any display of the corporate logo in the windows is prohibited.

e. Modifications: Modifications to the extent, size, or scale of the color scheme, trademark, service mark, signage and/or decor used throughout the exterior of the establishment may be required in order to mitigate contrasting color schemes and/or harmonize and be compatible with the color scheme, trademark, service mark, signage and/or decor/design of the surrounding neighborhood.

f. Trash Disposal Plan: A “Trash Disposal Plan” shall be prepared and approved by the decision making authority. The plan shall address litter control, trash collection, on-site storage, and pickup on a regular basis. The plan shall include proof of a contract with the City disposal contractor, and specify that such a contract shall be maintained as a requirement for the issuance and retention of the site development permit. (Ord. 1139, §2 (Exh. A, 5.090), adopted 2012)

§9224.10 CONDOMINIUMS

New construction of condominiums and conversion of existing buildings to condominiums shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Permit Requirements: New construction of condominiums and conversion of existing buildings to condominium are subject to City Council approval of a tentative subdivision map in addition to the permit requirements established by Table 27: Site Development Permit Procedures.

B. Development Standards: Construction of new condominiums and conversion of existing buildings to condominiums shall comply with the development standards included in this article for the specific zoning district in which the property is located. Condominiums within the boundaries of the downtown zoning code are not subject to the requirements of Chapter 2, Article 12 of this division: Condominium Developments.

C. Density: As determined by the General Plan land use designation for the parcel on which the condominium project is located.

D. Minimum Lot Size: As determined by Table 4: Site Development Standards.

E. Required Parking: The number of parking spaces required shall be provided as prescribed by section 9228.2 of this code. The number of parking spaces required may be reduced as allowed by section 9228.3 of this code.

F. Location of Parking: Parking shall be located as prescribed by section 9228.5 of this code.

G. Usable Outdoor Space: Usable outdoor space as defined in section 9232 of this code, Glossary, shall be provided as a part of a condominium project and shall comply with the following requirements:

H. Private Outdoor Space: A minimum of thirty (30) square feet of private outdoor space shall be provided for each unit. Private outdoor space shall have a minimum depth of three feet (3') and a maximum slope of ten percent (10%).

I. Common Outdoor Space: Common outdoor space may be provided in lieu of private outdoor space.

J. Storage: A minimum of forty (40) square feet of covered, secure storage shall be provided for each condominium unit. Relief from this requirement may be authorized as part of the discretionary permit required for the project. If no discretionary permit is required, relief from this requirement may be authorized with Zoning Administrator approval of a minor use permit. (Ord. 1139, §2 (Exh. A, 5.100), adopted 2012)

§9224.11 LIVE/WORK UNITS

A live/work unit shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Purpose: This section provides standards for the development of new live/work units and for the reuse/conversion of existing commercial structures to live/work units. Live/work units are required to be occupied by business operators who live in the same structure that contains the commercial activity. A live/work unit is intended to accommodate both living and work space. The work-related activities are beyond the scope of a home occupation.

B. Limitations on Use: The nonresidential component of a live/work project shall be a use allowed by Table 3: Allowed Uses and Permit Requirements. A live/work unit shall not be established in conjunction with any of the following activities:

adult entertainment business/adult cabaret;

vehicle maintenance or repair;

occupancy classified as Class H occupancy by the California Building Code;

any use that includes the storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

welding, machining, or any open flame work; or

any other activity or use determined by the Planning Director not to be compatible with residential activities and/or having the potential to affect the health or safety of live/work residents because the use may possibly create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

C. Density: Live/work units shall comply with the maximum density requirements of the applicable General Plan land use designation and zoning district.

D. Design Standards:

1. Floor Area Requirements: The minimum net total floor area of a live/work space shall be one thousand (1,000) square feet. All floor area other than that reserved for working space shall be reserved and regularly used for living space.

2. Separation and Access: Each live/work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or public street sidewalk; and access to each unit shall be clearly separate from other live/work uses within the structure.

3. Facilities to Accommodate Commercial Activities: A live/work unit shall be designed to accommodate commercial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity.

4. Integration of Living and Working Space: Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated (or occupied and/or separately rented) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.

5. Mixed Occupancy Buildings: If a building contains mixed occupancies of live/work and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between live/work units and other occupancies, as determined by the Building Official.

E. Operating Requirements:

1. Occupancy: A live/work unit shall be occupied and used only by the operator of the business located within the unit, or a household of which at least one member shall be the business operator.

2. Sale or Rental of Portions of Unit: No portion of a live/work unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

3. Notice to Occupants: The owner or developer of any building containing live/work units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of dust, noise, fumes, or other effects associated with commercial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial properties in the applicable zone.

4. Nonresident Employees: Up to three (3) persons who do not reside in the live/work unit may work in the unit unless this employment is prohibited or limited by a use permit. The employment of more than three (3) persons who do not reside in the live/work unit may be allowed subject to approval of a use permit, based on findings that the employment will not adversely affect traffic and parking conditions in the vicinity of the site. The employment of any persons that do not reside in the live/work unit shall comply with all applicable building code requirements.

F. Changes in Use: After approval, a live/work unit shall not be converted to entirely residential use unless authorized through minor use permit approval. Minor use permit approval shall require that the Zoning Administrator first find that the exclusively residential use will not impair the ability of nonresidential uses adjacent to the site to continue operating because of potential health and safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.

G. Required Findings: The approval of a live/work unit shall require that the review authority first make all of the following findings:

1. The proposed use of each live/work unit is a bona fide commercial activity consistent with subsection B of this section (Limitations on Use).

2. The establishment of the live/work unit would not conflict with nor inhibit commercial uses in the area where the project is proposed.

3. Any changes to the exterior appearance of the building will be compatible with adjacent commercial uses where all adjacent land is zoned for commercial uses. If there is adjacent residentially zoned land, the proposed changes in the building will make the commercial building being converted more compatible with the adjacent residential area. (Ord. 1139, §2 (Exh. A, 5.110), adopted 2012)

§9224.12 MIXED-USE PROJECTS

Mixed-use projects shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Design Objectives: A mixed-use project shall be designed to:

1. Provide shopfronts along street frontages to maintain a pedestrian orientation at the street level. Residential developments, including live/work, shall be designed such that ground level units may be converted to retail/commercial shopfronts and to establish a clear, functional design relationship to the street front.

2. Provide for internal compatibility among different uses within the project.

3. Minimize the effects of any exterior noise, odors, glare, vehicular and pedestrian traffic, and other potentially significant impacts on the residential portions of the project to allow a compatible mix of residential and nonresidential uses on the same site.

4. Include specific design features to minimize the potential impacts of the mixed-use project on adjacent properties.

5. Ensure residential units are of a residential character and that privacy between residential units and between other uses on the site is maximized.

6. Be compatible with and enhance the adjacent and surrounding neighborhood in terms of site planning, scale, building design, color, exterior materials, roof styles, lighting and landscaping.

B. Mix of Uses: A mixed-use project may combine residential units with any other use, or combinations of uses allowed by Table 3: Allowed Uses and Permit Requirements; provided, that where a mixed-use project is proposed with a use which requires approval of a use permit, the entire mixed-use project shall be subject to that use permit requirement.

C. Location of Residential Uses: A mixed-use project that provides commercial and/or office space on the ground floor with residential units above (vertical mixed-use) is encouraged over a project that provides commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mixed-use).

D. Maximum Density: When residential units are combined with office or retail commercial uses in a single building or on the same site, the maximum density allowed by the applicable General Plan land use designation and zoning district shall be calculated on the basis of the total area of the parcel. When calculating density for a particular parcel, City staff shall use the parcel area measured to the center line of streets or other public rights-of-way such as easements or other dedications for public purposes which are contiguous to the property lines of the parcel.

E. Loading Areas: Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible and in compliance with section 9225 of this code, Site and Building Development Standards.

F. Trash and Recycling: Areas for the collection and storage of refuse and recyclable materials shall be located on the parcel in location(s) convenient for both the residential and nonresidential uses and in compliance with section 9225 of this code, Site and Building Development Standards.

G. Lighting: Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units and in compliance with section 9225 of this code, Site and Building Development Standards.

H. Noise: All nonresidential units shall be designed to minimize their adverse impacts on residential units, in compliance with City noise regulations.

I. Nonresidential Hours of Operation: A mixed-use project proposing a commercial component that will operate outside normal business hours (eight o’clock (8:00) A.M. to six o’clock (6:00) P.M.) shall require Zoning Administrator approval of a minor use permit to ensure that the commercial use will not negatively impact the residential uses within the project. (Ord. 1139, §2 (Exh. A, 5.120), adopted 2012; Ord. 1189, §2, adopted 2018)

§9224.13 SECOND UNITS

A second unit shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Accessory Use: Second units are allowed accessory to a single-family residence where allowed by Table 3: Allowed Uses and Permit Requirements.

B. Attached or Detached: A second unit may be attached to a single-family residence or detached as a separate structure.

C. Architecture:

1. Existing Single-Family Home – No Modifications: When a second unit will be constructed accessory to an existing single-family home and the exterior of the single-family home will not be modified, the second unit shall incorporate the same or substantially similar architectural design and details, and building materials as the existing single-family home.

2. Existing Single-Family Home – Modifications: When a second unit will be constructed accessory to an existing single-family home and the exterior of the single-family home will be modified, the modifications to the single-family home and the design of the second unit shall comply with the applicable development standards requirements of this code.

3. New Single-Family Home: When a second unit will be constructed at the same time as a new single-family home, the second unit and single-family home shall comply with the development and architectural standards of this code.

D. Access: The second unit shall have a separate door. In the event of an attached unit, the entrance to the second unit may be located along the front of the existing single-family residence only when the entrance and address is obviously visible from the street in front of the residence.

E. Density: Second units are exempt from the density calculation.

F. Development Standards: A second unit shall comply with the development standards of the zoning district in which the second unit is located. For parcels that adjoin a differently zoned parcel, the side and rear yard setbacks shall be as determined by the zoning of the parcel on which the second unit would be located or the adjoining parcel(s), whichever is greater.

G. Conversion: Existing structures proposed for conversion to a second unit shall comply with the development standards of the zoning of the parcel on which the second unit would be located.

H. Parking: Parking shall be provided for the single-family residence as required by the zoning district in which the parcel is located. One additional parking space per bedroom shall be provided for the second unit. The parking spaces for the single-family residence and the second unit shall be independently accessible.

I. Owner Occupancy: One of the units on the parcel shall be occupied by the owner of the property.

J. Rental: The second unit may be used for rental purposes.

K. Size: The maximum size of a second unit shall be seven hundred fifty (750) square feet.

L. Subdivision: These regulations do not allow the division of property upon which a second unit is located unless all requirements of the applicable zoning district, and any other requirements of this code, are met.

M. Code Compliance: The second unit shall meet all applicable building and fire codes and shall have electric, water, and sewer service provided through the City 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 a second unit. (Ord. 1139, §2 (Exh. A, 5.130), adopted 2012)

§9224.14 SINGLE ROOM OCCUPANCY FACILITIES

A single room occupancy (SRO) facility shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Purpose: The provisions of this section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these units.

B. Development Standards:

1. Single Room Occupancy Facilities:

a. Density: An SRO facility is not required to meet the density standards of the General Plan.

b. Common Area: Four (4) square feet per living unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial facilities and common hallways.

c. Laundry Facilities: Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every ten (10) units or fractional number thereof, with at least one washer and one dryer per floor.

d. Cleaning Supply Room: A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

2. Single Room Occupancy Units:

a. Unit Size: An SRO unit shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet.

b. Occupancy: An SRO unit shall accommodate a maximum of two (2) persons.

c. Bathroom: An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and a sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common facilities shall be provided in accordance with the building code for congregate residences with at least one full bathroom per floor.

d. Kitchen: An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top or oven. A partial kitchen is at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

e. Closet: Each SRO unit shall have a separate closet.

f. Code Compliance: SRO units shall comply with all requirements of the building code.

C. Accessibility: All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

D. Management:

1. Facility Management: An SRO facility with ten (10) or more units shall provide on-site management that includes a manager’s unit on the premises. An SRO facility with less than ten (10) units shall provide a management office on site.

2. Management Plan: A management plan shall be submitted with the development application for an SRO facility and shall be approved by the City. The management plan shall address management and operation of the facility, rental procedures, safety and security of residents, and building maintenance.

E. Vehicle Parking: Off-street parking shall be provided at a rate of 0.50 spaces per unit (two (2) units would require one parking space).

F. Bicycle Parking: Secure bicycle parking shall be provided at a rate of 0.50 spaces per unit (two (2) units would require one parking space).

G. Tenancy: Tenancy of SRO units shall be limited to thirty (30) or more days.

H. Existing Structures: An existing structure may be converted to an SRO facility when in compliance with the provisions of this section. (Ord. 1139, §2 (Exh. A, 5.140), adopted 2012)

§9224.15 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS

Specialty food and beverage sales with tastings shall comply with the requirements of this section where allowed by Table 3: Allowed Uses and Permit Requirements.

A. Days and Hours of Operation: Days and hours of operation shall be limited to daily from ten o’clock (10:00) A.M. to ten o’clock (10:00) P.M. Additional hours may be authorized with Zoning Administrator approval of a minor use permit.

B. Live Entertainment: Live entertainment is allowed in compliance with section 9224.6 of this code and may perform until eight o’clock (8:00) P.M. Other arrangements for live entertainment may be authorized with Zoning Administrator approval of a minor use permit.

C. Outdoor Seating: Outdoor seating is allowed in compliance with the applicable requirements for outdoor dining included in section 9224.7 of this code or sidewalk cafes in section 9224.8 of this code.

D. Minor Use Permit: An application for a minor use permit to allow additional operating hours and/or live entertainment in a manner that exceeds the operating characteristics required in this section may be authorized with Zoning Administrator approval of a minor use permit. An application for a minor use permit shall address the following considerations:

1. Potential for loitering.

2. Adequacy of lighting for security and safety purposes.

6. The potential for the need for annual review of the use permit.

7. Other information deemed necessary on a case-by-case basis.

E. Minor Use Permit Findings: The above considerations shall be incorporated as findings for approval, conditional approval, or disapproval of a use permit for a specialty food and beverage sales with tastings in addition to the findings required by subsection 9262E of this code. (Ord. 1139, §2 (Exh. A, 5.150), adopted 2012)

§9225 SITE AND BUILDING DEVELOPMENT STANDARDS

§9225.1 PURPOSE

The purpose of section 9225 of this code is to produce an environment of stable and desirable character that is compatible with existing and future development and that protects the use and enjoyment of neighboring properties. (Ord. 1139, §2 (Exh. A, 6.010), adopted 2012)

§9225.2 APPLICABILITY

Proposed development, redevelopment, subdivision, building, site work, demolition, restoration, renovation or improvements within the boundaries of this code shall comply with each of the development standards in sections 9225 through 9230 of this code for the zoning district in which the parcel is located.

Table 4: Site Development Standards
STANDARDS (1)	GENERAL URBAN GU	URBAN CENTER UC	DOWNTOWN CORE DC	MODIFICATION TO STANDARD (2)

RESIDENTIAL DENSITY (Also Subject to Airport Zone Restrictions) (3)
Minimum	10 units/acre	15 units/acre	15 units/acre	Major Exception
Maximum (4)	28 units/acre	28 units/acre	28 units/acre	Major Exception
BLOCK PERIMETER
Maximum (5)	1,500 lineal feet	1,400 lineal feet	1,000 lineal feet	Major Exception
Maximum w/ Anchor Building or Parking Structure	2,000 lineal feet	2,000 lineal feet	2,000 lineal feet	Major Exception
LOT STANDARDS (6) (Also Subject to Airport Zone Restrictions)
Lot Size – Interior (7) (8)	4,500 square feet	4,500 square feet	2,500 square feet	Major Exception
Lot Size – Corner (7) (8)	5,000 square feet	5,000 square feet	3,000 square feet	Major Exception
Lot Width (7) (8)	30 feet minimum	30 feet minimum	30 feet minimum	Major Exception
Lot Depth (7) (8)	70 feet minimum	70 feet minimum	70 feet minimum	Major Exception
Lot Coverage	70% maximum	80% maximum	90% maximum	Major Exception
Lot Coverage with Structured Parking	70% maximum	100% maximum	100% maximum	Major Exception
Lot Configuration	Rectilinear			Major Exception
Lot Orientation	Front on a Thoroughfare			Major Exception
BUILDING TYPES (See Table 5)
Courtyard	Allowed	Allowed	Allowed	Major Exception
Rear Yard	Allowed	Allowed	Allowed	Major Exception
Side Yard	Allowed	Allowed	Prohibited	Major Exception
Edge Yard/Other	Prohibited	Prohibited	Prohibited	Major Exception
CIRCULATION STANDARDS
See section 9230 of this code
PARKING REQUIREMENTS and DESIGN STANDARDS
See section 9228 of this code
LOADING DOCKS, SERVICE AREAS, DRIVE-THROUGH LANES
See Table 9: Development Standards for All Land Uses
1. See section 9232 of this code, Glossary, for an explanation of terms. 2. See section 9231 of this code, Administration and Procedures. 3. Any nonresidential project exceeding a density of 90 people per acre is required to be referred to the Airport Land Use Commission for compatibility review. 4. General Plan amendment is required in order to exceed the maximum density, except projects that meet State requirements for affordable housing projects which are eligible for a density bonus as allowed by State law. 5. Alternate circulation methods may be proposed in order to comply with the block perimeter requirements as allowed in section 9230 of this code, Circulation Standards. 6. All new subdivisions shall comply with these lot standards. 7. No minimum when development is proposed and constructed as part of the subdivision. See section 9231 of this code, Administration and Procedures. 8. No minimum lot size or dimensions required for condominium projects when development is proposed and constructed as part of the subdivision.

(Ord. 1139, §2 (Exh. A, 6.020), adopted 2012; Ord. 1189, §3, adopted 2018)

§9225.3 BUILDING TYPES

Table 5 illustrates the required location of each building type depicted relative to the frontage lines and lot lines of a parcel and identifies uses often associated with each building type.

Table 5: Building Types
Building Types			ZONE
a.	Side Yard. A building that occupies one side of the lot with the setback to the other side. The visual opening of the side yard on the street frontage causes this building type to appear freestanding. A shallow frontage setback defines a more urban condition. If the adjacent building is similar with a blank party wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. Examples of uses often associated with this building type include duplex, multifamily, live/work, and mixed-use.		GU UC
b.	Rear Yard. A building that occupies the full frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous facade steadily defines the public thoroughfare. The rear elevations may be articulated for functional purposes. In its residential form, this type is the rowhouse. For its commercial form, the rear yard can accommodate substantial parking. Examples of uses often associated with this building type include duplex, multifamily, live/work, and mixed-use (retail-office, service-office, retail/office-residential).		GU UC DC
c.	Courtyard. A building that occupies the boundaries of the lot while internally defining one or more private patios. The building may be open only in the center (as shown) or may be open to one side in a “C” configuration (Figure 3C). This is the most urban of types as it is able to shield the private realm from all sides while strongly defining the public thoroughfare. Examples of uses often associated with this building type include apartments, condominiums, lodging, and mixed-use.		GU UC DC
d.	Edge Yard. A building that occupies the center of its lot with setbacks on all sides. This is the least urban building type as the front yard sets it back from the frontage, while the side yards weaken the spatial definition of the public thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well-placed accessory building. Edge yard buildings are prohibited in the GU, DC and DC zoning districts.	i

Table 6: Principal Building Standards
STANDARDS (1) (2)	GENERAL URBAN GU	URBAN CENTER UC	DOWNTOWN CORE DC	MODIFICATION TO STANDARD (3)

BUILDING SITING (SETBACKS)
Front	0 ft. minimum 10 ft. maximum	0 ft. maximum	0 ft. maximum	Major Exception
Front with sidewalk cafe/shopfront	12 ft. maximum	12 ft. maximum	12 ft. maximum	Major Exception
Side	0 ft. minimum 10 ft. maximum	0 ft. minimum 10 ft. maximum	0 ft. minimum 6 ft. maximum	Major Exception
Rear	6 ft. minimum	6 ft. minimum	6 ft. minimum	Major Exception
Rear – corner lot no alley (4)	6 ft. maximum	6 ft. maximum	6 ft. maximum	Major Exception
Rear – with alley (5)	14 ft. from center line	14 ft. from center line	14 ft. from center line	Major Exception
FRONTAGE BUILDOUT
Courtyard building (6)	70% minimum	70% minimum	80% minimum	Major Exception
Rear yard building (6)	60% minimum	70% minimum	80% minimum	Major Exception
Side yard building (6)	40% minimum	40% minimum	Prohibited building type	Major Exception
COURTYARD BUILDING
Minimum area of courtyard	15% of total lot area			Major Exception
Minimum dimensions of courtyard	40 ft. when long axis of courtyard is oriented east-west 30 ft. when long axis of the courtyard is oriented north-south			Minor Exception
FRONTAGE TYPE (See Table 8)
Terrace/light court	Allowed	Allowed	Prohibited	Major Exception
Forecourt	Allowed	Allowed	Allowed	Major Exception
Stoop	Allowed	Allowed	Allowed	Major Exception
Shopfront/awning	Allowed (7)	Allowed (7)	Allowed (7)	Major Exception
Gallery	Allowed (7)	Allowed (7)	Allowed (7)	Major Exception
Arcade	Prohibited	Allowed (7)	Allowed (7)	Major Exception
Other	Prohibited	Prohibited	Prohibited	Major Exception
BUILDING HEIGHT (8)(9)
New building	2 stories minimum 2 stories maximum (8)	2 stories minimum 3 stories maximum (8)	2 stories minimum 4 stories maximum (8)	Major Exception
NUMBER OF BUILDINGS
Principal building	1	1	1	Minor Exception
Accessory building	1	1	Prohibited	Minor Exception
EXISTING BUILDING
Setbacks	Additions not exceeding 1,000 square feet of gross floor area or 50% of the gross floor area of the existing building, whichever is less, may continue the setbacks of the existing building.			Major Exception
Height (8)	Additions not exceeding 1,000 square feet of gross floor area or 50% of the gross floor area of the existing building, whichever is less, may continue the existing building height.			Major Exception
Frontage type	Exterior modifications (including additions) to buildings with nonconforming frontage types that will affect the building frontage shall utilize an allowed frontage type as required above.			Major Exception
1. Encroachment into the public right-of-way requires approval of an encroachment permit from the Public Works Department. 2. See section 9232 of this code, Glossary, for an explanation of terms. 3. See section 9231 of this code, Administration and Procedures. 4. Corner lots have two frontages, one rear and one side. The rear and side shall be determined as part of the project review process. 5. Rear alleys shall not provide the primary or only access to any lot or building. All access shall comply with all fire and emergency access requirements. 6. See Table 5: Building Types, for additional information and examples of each building type. 7. See Figure 9: Special Designations Map, for locations of “Required Storefront Frontages.” 8. Building heights may be superseded by the Mendocino County Airport Comprehensive Land Use Plan height restrictions. Any building being proposed over the story minimum in the B2 Airport Compatibility Zone requires Mendocino County Airport Land Use Commission approval. 9. See Figures 2A and 2B: Building Height.

Table 7: Accessory Building Standards
STANDARDS	GENERAL URBAN GU	URBAN CENTER UC	DOWNTOWN CORE DC	MODIFICATION TO STANDARD (1)

Rear and Side Yard Buildings (2)
Front setback	30 ft. minimum	30 ft. minimum	Accessory buildings are prohibited.	Major Exception
Side setback	0 ft. minimum	0 ft. minimum		Minor Exception
Rear setback	3 ft. minimum	3 ft. minimum		Minor Exception
Rear setback – alley	14 ft. minimum from center line (3)	14 ft. minimum from center line (3)		Major Exception
Height (4) (5)	2 stories maximum and cannot exceed height of the main building	2 stories maximum and cannot exceed height of the main building		Major Exception
Number of buildings	1	1		Minor Exception
1. See section 9231 of this code, Administration and Procedures. 2. Accessory buildings are prohibited with courtyard buildings. 3. Public Works and/or the Fire Marshal may require more than the minimum setback. 4. Building heights may be superseded by the Mendocino County Airport Comprehensive Land Use Plan height restrictions. 5. See Figures 2A and 2B.

(Ord. 1139, §2 (Exh. A, 6.030), adopted 2012)

§9225.4 BUILDING HEIGHT

The maximum building height allowed is determined by Table 6 for the principal building and Table 7 for an accessory building. Figures 2A and 2B illustrate the building height for the building types allowed in Table 4: Site Development Standards.

Figure 2A: Rear and Side Yard Building Height

Figure 2B: Courtyard Building Height

Measuring Building Height

Building height shall comply with all of the following:
1. Building height is determined by the number of stories, not including a raised basement. See Table 6: Principal Building Standards See Table 7: Accessory Building Standards
2. Each story shall not exceed 14 feet clear.
3. Height is measured to the eave of a sloped roof or the surface of a flat roof. The roof above the eave and the parapet are excluded from the height measurement.
4. Building heights may be superseded by Ukiah Airport Master Plan and Mendocino County Airport Comprehensive Land Use Plan height restrictions.

(Ord. 1139, §2 (Exh. A, 6.040), adopted 2012)

§9225.5 BUILDING SETBACKS

The setbacks required for each building type are determined by Table 6: Principal Building Standards, and based on the zoning of the parcel. Figures 3A, 3B, and 3C illustrate the setbacks for side yard, rear yard and courtyard building types.

Figure 3A: Side Yard Building

Figure 3B: Rear Yard Building

Figure 3C: Courtyard Building

Lot Types

Corner Lot
This lot type has two “fronts” located on streets that are generally perpendicular (90-degree angle) to one another. One front is located on each frontage line. Corner lots have two frontages, one rear lot line, and one side lot line. The rear and side shall be determined as part of the project review process. The setbacks required in Table 6 apply to both “fronts.”
Double Frontage Lot (Through Lot)
This lot type has two “fronts” located on streets that are generally parallel to each other. One front is located along each frontage. The setbacks required in Table 6 apply to both “fronts.”
Interior Lot
This lot type has frontage on only one street.
Alley Access
Lots may have access from a frontage and/or an alley. Alley access is encouraged, but cannot provide the only access to the parcel.

(Ord. 1139, §2 (Exh. A, 6.050), adopted 2012)

§9225.6 PRIVATE FRONTAGE TYPES

Table 8: Private Frontage Types, illustrates the various frontage types allowed by this code. The specific frontage types allowed are determined by Table 6: Principal Building Standards, and based on the zoning of the parcel.

Table 8: Private Frontage Types
Private Frontage Types
a.	Terrace or Light Court: The facade is set back from the frontage line by an elevated terrace or a sunken light court. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes.
b.	Forecourt: A portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.
c.	Stoop: The facade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor residential use.
d.	Shopfront and Awning: The facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible to within 2 feet of the curb.
e.	Gallery: The facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery shall be no less than 10 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb.
f.	Arcade: The facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage line. This type is conventional for retail use. The arcade shall be no less than 12 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb.

Table 9: Development Standards for All Land Uses
STANDARDS	ALL ZONES	MODIFICATION TO STANDARD (1)

LOADING DOCK AND SERVICE AREAS
Location	Prohibited on frontage(s).	Major Exception
Design	Reduce visibility when viewed from frontage(s).	Major Exception
Queuing/Pickup Location	Adequacy of vehicle queuing capacity and the design and location of the ordering and pickup facilities shall be determined by the review authority.	Major Exception
Screening	Landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking facilities.	Major Exception
OUTDOOR STORAGE (2), TRASH/RECYCLING FACILITY AND RECEPTACLES UTILITIES, AND SIMILAR FACILITIES OF POOR VISUAL QUALITY (3)
Location – All Building Types	Prohibited on frontage(s).	Major Exception
Location – By Building Type	Side yard building: 3rd layer Rear yard building: 3rd layer Courtyard building: 4th layer	Minor Exception
Screening (6) see Site Screening below	Screen from view from all frontage(s) with a streetscreen. Trash and recycling facilities shall be screened with an enclosure.	Major Exception
Screening – Material	Material shall be compatible with the main building or landscaping that is consistent with the landscaping on the site and building design.	Minor Exception
Size	As required by the City’s trash and recycling contractor.	Minor Exception
DRIVE-THROUGH FACILITY (2)(4)
Design	To reduce noise and visual impacts as viewed from frontages. On a project by project basis, screening and landscaping may be required in order to comply with this requirement.	Major Exception
Location	Prohibited on frontage(s). In areas with residential uses, locate to reduce exposure of residential uses to noise, exhaust, and visual impacts. On a project by project basis, delivery hours may be restricted in order to comply with this requirement.	Major Exception
Screening see Site Screening below	Screen from view from all frontage(s).	Major Exception
FENCING (5)
Height – 3 Feet Maximum	Between the frontage line (lot line) and front setback or building facade, whichever is greater.	Major Exception
Height – 6 Feet Maximum	Outside of the maximum required front setback or behind the building facade, whichever distance is greater.	Major Exception
Height – Measurement	Measured from the grade adjacent to the fence to the top of the fencing material. Fence height cannot be averaged.	Major Exception
Location	Prohibited between the building facade(s) and frontage line(s) (lot line).	Major Exception
Material – Allowed	Materials compatible with or match materials for the adjacent building facade and living fences (e.g., espalier, hedge row) are also allowed.	Minor Exception
Material – Prohibited	Barbed wire, concertina wire, chain link, cyclone, and similar with or without screening slats and similar as determined by the Planning Director.	Major Exception
SITE SCREENING (STREETSCREEN) (6)
Height – Intersection	30-inch maximum height within 30 feet of an intersection (5).	None (7)
Height – Outdoor Storage	3 feet minimum; 6 feet maximum.	Minor Exception
Height – Parking Lot	3 feet maximum.	Major Exception
Height – More Than 4 Feet	Articulated to avoid blank wall.	Minor Exception
Material	Masonry walls, landscape materials, or decorative fencing compatible with the design and materials of the principal building.	Minor Exception
Openings	Minimum necessary to provide vehicular (including emergency vehicles and garbage and recycling vehicles) and pedestrian access.	Minor Exception
ROOFTOP EQUIPMENT AND SCREENING (6)
Equipment – Height	10 feet maximum.	Minor Exception
Equipment – Location	Reduce visibility from all frontage(s).	Minor Exception
Screening – Design	Consistent with building design (materials, colors, form).	Minor Exception
Screening – Flat Roof	Minimum parapet height of 42 inches or taller as needed to screen rooftop equipment and approved by the Planning Department.	Minor Exception
OUTDOOR LIGHTING (including parking lots)
Design	Compatible with building architecture.	Minor Exception
Direction of Fixtures	Directed downward and away from adjoining properties and public right-of-way.	Major Exception
Energy Efficiency	Energy efficient fixtures/lamps, such as high pressure sodium, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater energy efficiency.	Minor Exception
Fixtures	Hooded and/or shielded to force light downward and to prevent emission of light or glare beyond the property line. Fixtures approved by the International Dark Sky Association are encouraged.	Major Exception
Glare/Reflection	Confined to the maximum extent feasible within the boundaries of the site. A photometric plan may be required in order to determine compliance with this requirement.	Minor Exception
Height	Maximum of 12 feet or the height of the building, whichever is less.	Minor Exception
Hours	All nonessential lighting shall be turned off after 11:00 p.m. except as allowed by safety and security, below.	Minor Exception
Prohibited	Blinking, flashing, or unusually high intensity of brightness as determined by the Planning Director.	Major Exception
Safety and Security During Business Hours	All areas having frequent vehicular and/or pedestrian traffic shall be equipped with a lighting device during the hours of darkness.	Minor Exception (8)
1. See section 9231 of this code, Administration and Procedures. 2. When allowed by Table 3: Allowed Uses and Permit Requirements. 3. Such as A/C units, utility transformers and boxes, and direct vent fireplaces. 4. Drive-through lane/facility is subject to Planning Commission approval of a site development permit. 5. Subject to review and approval of the Public Works Department to ensure adequate sight distance. 6. Planning Department approval of screening required when not part of a project that requires discretionary review. 7. No exception allowed to increase height due to safety. 8. Police Department review and approval required as part of the minor exception process in order to ensure adequate safety and security.

(Ord. 1139, §2 (Exh. A, 6.060), adopted 2012)

§9225.7 LAYERS

Certain improvements are allowed only in a specific layer as prescribed by Table 9: Development Standards for All Land Uses, and Table 17: Parking Design Standards. Figures 4A and 4B illustrate the layers based on building type (side yard, rear yard, or courtyard).

Figure 4A: Side Yard and Rear Yard Buildings – Corner Lot and Interior Lot

Figure 4B: Courtyard Building – Corner Lot and Interior Lot

Side Yard and Rear Yard Buildings
1st layer is located between the front lot line and the required setback line or facade line. 2nd layer is the first 20 feet behind the 1st layer. 3rd layer is the portion of the lot that is not the 1st or 2nd layer.
Utility boxes, HVAC units, direct vent fireplaces and similar accessory site features in 3rd layer only.
Trash facilities/recycling, outdoor storage yard in 3rd layer only.
Open parking is allowed only in the 3rd layer. See Table 17: Parking Design Standards.
Loading docks, services areas, and trash/recycling facilities prohibited on frontage(s).
Drive-through lane prohibited on frontage(s).
Courtyard Buildings
1st layer is located between the front lot line and the required setback line or facade line. 2nd layer is the first 20 feet behind the 1st layer. 3rd layer is the portion of the lot that is behind the 2nd layer and includes the courtyard. 4th layer is the portion of the lot that is not the 1st, 2nd, or 3rd layers.
Utility boxes, HVAC units, direct vent fireplaces and similar accessory site features in 4th layer only.
Trash facilities/recycling, outdoor storage yard in 4th layer only.
Open parking is allowed only in the 4th layer. See Table 17: Parking Design Standards.
Loading docks, service areas, and trash/recycling facilities prohibited on frontage(s).
Drive-through lane prohibited on frontage(s).

Table 10: Landscaping Standards for All Developments
STANDARDS	ALL ZONES	MODIFICATION TO STANDARDS (1)

General Requirements
Dimensions	Minimum of 3 feet interior width for landscaped areas without trees. Minimum of 4 feet interior width for landscaped area with trees.	Minor Exception
Height	Shall comply with height limits for vision triangles.	Minor Exception (2)
Hydrozones	Plants with similar water requirements shall be grouped together.	Minor Exception
Irrigation	All landscaped areas shall be provided with an automatic irrigation system, except those areas landscaped with native plants not requiring irrigation.	Minor Exception
Plans	Landscaping plan is required.	None
Model Water Efficiency Landscape Ordinance (MWELO)	Landscaping and irrigation plans for development projects shall comply with the State of California Model Water Efficiency Landscape Ordinance. Landscaping and irrigation plans submitted as part of the development permit application shall demonstrate compliance with the most recently adopted version of the MWELO unless superseded by City ordinance.	None
Safety – Location/Size of Planting at Maturity	Shall not interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic; conflict with overhead power lines; or block pedestrian or bicycle ways.	None
Species (3)	Species shall be selected based on their adaptability to climatic, geological and topographical conditions of the site. Native, drought tolerant species known to grow well in Ukiah’s climate are encouraged.	As allowed by Tables 21 – 26
Trees (4)(5)
Existing	Shall be retained and preserved as required in section 9229 of this code, Tree Preservation and Planting Requirements.	As allowed by Tables 18 and 19
Location	Shall not be planted under any eave, overhang, balcony, light standard, or other structure that may interfere with normal growth.	Minor Exception (2)
Root Barriers	Required for tree planters less than 10 feet in width or located less than 5 feet from a permanent structure.	Minor Exception (2)
Parking Lot Trees	See section 9229 of this code, Tree Preservation and Planting Requirements.	As allowed by Tables 24 and 25
Street Trees – Spacing	1 street tree every 30 feet of parcel frontage (5) See subsection 9229.4E6 of this code.	None
Street Trees – Species, Additional Requirements	See section 9229 of this code, Tree Preservation and Planting Requirements.	As allowed by Tables 21 – 23
Groundcover and Shrubs
Groundcover	Minimum 1 gallon and appropriately spaced in accordance with size at maturity.	Minor Exception
Shrubs	Minimum 5 gallon and appropriately spaced in accordance with size at maturity.	Minor Exception
Turf	Is discouraged. Any turf area shall be kept to a minimum and used only where a practical need can be demonstrated as part of the landscaping plan.	Minor Exception
Crushed Rock, Pebbles, Stone, Similar Materials	Maximum of 15% of the total area to be landscaped.	Minor Exception
Planting Beds	Top dressed with a bark chip mulch or other approved alternative.	Minor Exception
Artificial or Synthetic Groundcover or Shrubs	Prohibited.	Major Exception
Irrigation
Design	To reduce water usage.	None
Plans	Conceptual irrigation plan is required as part of the landscaping plan.	None
Maintenance Requirements
Fertilizer	Only used on trees during planting. Shrubs may receive periodic fertilizer according to the recommendations of a landscaping professional.	None (6)
Irrigation	In working conditions at all times.	None (6)
Litter	Removed from landscaped areas on a regular basis.	None (6)
Pruning (7)	All trees shall be properly pruned. Top cutting of trees is prohibited. All pruning shall follow industry best practices to ensure long-term health and vitality.	None (6)
Replacement – Tree, Shrub, Groundcover	Any landscaping that dies, fails to grow or is unhealthy due to pests, damage, disease, vandalism, or other factors shall be replaced immediately. Replacement shall conform to the standards that govern the original planting, approved landscaping plan, or as approved by the Planning Director.	None (6)
Stakes – Inspection	Ties and stakes to be inspected by the property owner or their designated representative every 6 months to ensure they do not constrict the trunks or damage the tree.	None (6)
Stakes – Removal	Ties and stakes to be removed by the property owner or their designated representative after 1 to 3 years to ensure they do not damage the trunk of the tree or its overall growth.	None (6)
Turf Areas	Mowed on a regular basis and kept green and weed free at all times.	None (6)
Watering	Regular slow deep watering when feasible, fluctuating to provide more water in the summer and less water in the winter. (8)	None (6)
Weed Killer	Shall not be used on or near trees.	None (6)
1. See section 9231 of this code, Administration and Procedures. 2. Modification to this standard requires review and approval of the Planning Department, Public Works Department, Fire Department and Electric Utility Department as applicable to the specific project. 3. See Tables 20 – 25 for specific species requirements for street trees, parking lots and riparian corridors. 4. Where the requirements of this table conflict with the requirements of section 9228 of this code, Parking Standards and Procedures, the requirements of section 9229 of this code shall control. 5. Where the requirements of this table conflict with the requirements of section 9229 of this code, Tree Preservation and Planting Requirements, the requirements of section 9229 of this code shall control. 6. Maintenance requirements are provided to ensure the long-term health and viability of landscaping and trees. No modification to maintenance requirements is allowed. 7. For information regarding proper pruning techniques, see the International Society of Arboriculture website, www.isa‑arbor.com. 8. Turf areas are not required to be kept green during times of mandatory water conservation, water moratorium, or a declared water emergency.

(Ord. 1139, §2 (Exh. A, 6.070), adopted 2012)

§9226 ARCHITECTURAL STANDARDS

Table 11: Frontage Types and Storefront Standards
STANDARDS (1) (2)	GENERAL URBAN GU	URBAN CENTER UC	DOWNTOWN CORE DC	MODIFICATION TO STANDARD (3)

FACADE ORIENTATION
Relationship to Frontage Line	Parallel to principal frontage line(s)	Parallel to principal frontage line(s) for 70% of its length	Parallel to principal frontage line(s) for 80% of its length	Minor Exception
Location of Principal Pedestrian Entrance	On the frontage line (4)	On the frontage line (4)	On the frontage line (4)	Major Exception
Corner Treatment	Ground floor located behind the sidewalk shall wrap the corner in circular, chamfered, or similar manner. Turrets are encouraged for corner buildings.			Major Exception
Existing Building (5)	Exterior modifications and additions to existing buildings with nonconforming facade orientation shall utilize an allowed frontage type as required by Table 6: Principal Building Standards.			Major Exception
STOREFRONT FRONTAGES (6) – GROUND LEVEL
Entrance – Corner Building	Primary entry facing the corner. Additional (secondary entries) may be located along the frontage lines.			Major Exception
Entrance – Height	Flush with sidewalk grade except as required for compliance with flood plain management requirements (Chapter 6 of this division).			Minor Exception
Expression Lines (2)	Required for mixed-use buildings.			Minor Exception
Facade Width	In order to break up wide buildings and to make them appear as individual smaller buildings, the maximum width of a single facade style shall be 75 feet. See Design Appendix			Minor Exception
Floor Height – Minimum	12 feet clear measured from the surface of the floor to bottom of the ceiling. Story height shall not exceed 14 feet.			Minor Exception
Door Spacing on Frontage(s) (7)	Operable front doors spaced a maximum of 30 feet apart along the block face. (8)			Minor Exception
Glazing	Clear glass over a minimum of 70% of the ground level facade(s). Prohibited: opaque or mirrored glazing.			Minor Exception
AWNINGS, GALLERIES, AND ARCADES
Materials	Metal, cloth, wood. Prohibited: hard acrylic.			Minor Exception
Functionality	When located on the south or west elevation, located to provide shading of the interior of the building.			Minor Exception
Existing Awning	An existing frame that does not comply with the functionality requirement may be recovered. Materials shall comply with the materials noted above.			Minor Exception
ENCROACHMENTS
Arcade, Awning, Gallery	Allowed to occupy all or part of the required setback. (9)			None (10)
Balcony, French Balcony	Allowed to occupy all or part of the required setback. (9)			None (10)
Bay Window	Allowed to occupy all or part of the required setback. (9)			None (10)
Stoop	Allowed to occupy all or part of the required setback.			None (10)
1. Encroachment into the public right-of-way requires approval of an encroachment permit from the Public Works Department. 2. See section 9232 of this code, Glossary, for an explanation of terms. 3. See section 9231 of this code, Administration and Procedures. 4. On corner lots, orientation of the principal pedestrian entrance shall be to the corner. 5. Existing buildings with nonconforming frontage types may retain the existing facade when making interior modifications that do not affect the exterior of the building. 6. Refer to Figure 9: Special Designations Map, for locations of “required” and “recommended” storefront frontages. 7. Where shopfront frontage is required by Figure 9: Special Designations Map. 8. Doors shall be installed as required. All doors are not required to be operable. Compliance with the location of the primary entrance for corner building is required and this door shall be operable. 9. Encroachment into the public right-of-way may be allowed with approval of the review authority and the Public Works Department. 10. An exception is not required in order to encroach into the setback. Approval of the Planning Department, Public Works Department, and Electric Department is required.

Table 12: Architectural Elements and Materials
STANDARDS (1)(2)	ALL ZONES	MODIFICATION TO STANDARD (3)

EXISTING BUILDINGS
Addition – Facade	Shall comply with the architectural standards included in this table.(4)	Major Exception
Addition – Elevation	Shall comply with the architectural standards included in this table.(4)	Minor Exception
Modification – Facade	Shall comply with the architectural standards included in this table.(4)	Major Exception
Modification – Elevation	Shall comply with the architectural standards included in this table.(4)	Minor Exception
OPENINGS
Above First Story – Maximum Opening	Maximum opening of 75% of total building wall area for each facade or elevation.	Minor Exception
Above First Story – Minimum Opening	Minimum opening of 25% of total building wall area for each facade or elevation.	Minor Exception
Arcades, Galleries, Windows, Etc. – Orientation	Vertical or square orientation. Horizontal orientation is prohibited.	Minor Exception
Doors and Windows – Slider Operation	Prohibited along frontages.	Major Exception
Doors and Windows – Faux (e.g., Flush/Nail-On)	Prohibited.	Major Exception
Doors and Windows – Recess	Minimum 3-inch recess required on facade(s), measured from the wall of the facade.	Minor Exception
Window – Shutter (5)	Sized to match window opening (close over the entire window).	Minor Exception
MATERIALS
Balconies, Stoops	Concrete, painted or stained wood, or metal.	Minor Exception
Facade(s) – Primary Exterior Finish (6)	Brick, wood siding, fiber cement siding, stucco, stone.	Minor Exception
Facade – Location of Materials	Combined horizontally with heavier material below the lighter material.	Minor Exception
Prohibited	Plane panel siding (T1-11) as the primary siding material.	Major Exception
ROOFS
Cool Roof, Living Roof, Roof Garden	Allowed and encouraged in compliance with all applicable building code requirements.	None (7)
Flat Roof – Parapet	Enclosed by a parapet with a minimum height of 42 inches or as needed to screen mechanical equipment.	Minor Exception
Sloped Roof – Pitch	Sloped symmetrically with a minimum pitch of 5:12. Shed roof may have a minimum pitch of 2:12.	Minor Exception
Photovoltaic – Location	On a sloped roof, shall be flush mounted. On a flat roof, shall be flush mounted or if tilted shall not extend above the parapet of the roof.	Minor Exception
Roof Slope	Shall be designed to accommodate photovoltaic.	Minor Exception
Accessory Structures	Allowed in compliance with all applicable building code requirements and subject to the development standards for accessory buildings. (8) Examples include trellis, pergola, gazebo and other similar structures as determined by the Planning Director.	Minor Exception
ANCHOR BUILDINGS (9)
Facade Design	Building length shall be visually reduced by varying building and/or parapet heights. The use of different colors and materials should also be considered.	Major Exception
1. Encroachment into the public right-of-way requires approval of an encroachment permit from the Public Works Department. 2. See section 9232 of this code, Glossary, for an explanation of terms. 3. See section 9231 of this code, Administration and Procedures. 4. Unless subject to the requirements of Table 13: Historical Building Standards. 5. Not a required design element. If included as part of the project, shutters must comply with this standard. 6. Synthetic materials such as hardboard siding and stone (e.g., limestone, glazed tile, and heritage materials known to be used historically in Ukiah) may also be allowed if it accurately simulates the natural material and has equal or better weathering characteristics. The use of the material is at the discretion of the review authority (i.e., Planning Commission, Zoning Administrator, Director). 7. No exception is required since this is a recommendation and not a requirement. 8. Minor exception is required to modify standards for accessory buildings. 9. Applies to any building with a facade width of 75 feet or more.

(Ord. 1139, §2 (Exh. A, 7), adopted 2012)

§9227 HISTORICAL BUILDING STANDARDS

§9227.1 HISTORICAL BUILDING STANDARDS

All proposed modifications to buildings listed on the City’s Historical and Architectural Inventory or buildings that are more than fifty (50) years old shall comply with the standards in Table 13. The age of the building shall be supported by documentation that is acceptable to the review authority (Planning Commission, Zoning Administrator, Planning Department).

Table 13: Historical Building Standards
STANDARDS	ALL ZONES	MODIFICATION TO STANDARD

MODIFICATIONS AND DEMOLITION
Additions	New additions shall be designed and constructed so that the character-defining features of the historic building are not radically changed, obscured, damaged, or destroyed in the process of rehabilitation. New design should always be clearly differentiated so that the addition does not appear to be part of the historic resource.	Major Exception
Demolition (as defined by subsection 3016A of this code)	Allowed only with City Council approval consistent with section 3016 of this code.	section 3016 of this code
Facade Modification – Significant	Allowed only with City Council approval consistent with section 3016 of this code.	section 3016 of this code
Improvement – Rehabilitation, Restoration, Preservation, Reconstruction	Reflect a period of the building’s development consistent with its historical, cultural, or architectural importance or interest.	Major Exception
Residential Building – Conversion of Use	Preserve the residential characteristics of the building’s original architecture.	Major Exception
Residential Building – Renovation	Preserve residential characteristics of the building’s original architecture.	Major Exception
Structural Modification – Major	Preserve the building facade if the building cannot be preserved.	Major Exception
STOREFRONTS
Existing Original	Retain original location, proportion, and details.	Major Exception
Restore Original	When the original storefront has been removed or significantly modified, restore the original storefront. The restoration shall be based on documentation of the design of the original storefront. Where no documentation exists, the design may be based on documentation of the design of the storefront for similar buildings of the same era.	Major Exception
New	Where no documentation of the original exists, traditional or modern design and materials may be proposed provided they do not detract from the building or neighboring properties.	Major Exception
Proportions – Original	Maintain when performing a rehabilitation, restoration, preservation or reconstruction.	Major Exception
DOORS
Original – Existing	Original door openings and trim on facades shall be maintained in their unaltered condition.	Major Exception (3)
Original – Restore	When the original door(s) have been relocated, replaced, or modified, doors consistent with the original historic doors may be approved with documentation of the original doors.	Major Exception (3)
Modification to Original	Elimination, addition, or modification of the original size, location, and shape of facade door openings is prohibited.	Major Exception (3)
Replacement – Design	The design of replacement doors shall reflect the character and style of the building.	Major Exception
Replacement – Materials	Replacement of original materials shall be in-kind materials. Replacement of nonoriginal materials shall be compatible with the materials for the building.	Major Exception
WINDOWS
Openings – Elimination and Addition	Elimination of existing and addition of new openings is prohibited on facades and highly visible elevations.	Major Exception (3)
Original	Maintain and repair original openings, trim and any shutters.	Major Exception
Replacement – Nonoriginal Windows	Modification to the opening is prohibited. When the opening is in its original location, modification of the opening is prohibited. Based on documentation, the opening may be modified or relocated to restore the original window opening(s).	Major Exception
Replacement Materials – Nonoriginal Windows	Shall be compatible with the existing building. Alternate materials may be considered if they are of similar appearance and fit the opening properly.	Major Exception
Replacement – Original Windows	On the facades, the size, dimensions, shape, design, pattern, and materials shall match the original.	Major Exception
Replacement Materials – Original Windows	Materials for the window, trim, and any shutters shall be the same as the original.	Major Exception
AWNINGS AND CANOPIES
Design	Design shall be based on evidence that the design was previously installed on the building and/or is typical for a building of the same style and era.	Major Exception
Lighting	Back lighting and internal illumination are prohibited.	Major Exception
Location	The location shall not cover important architectural features.	Major Exception
Proportion	The proportion shall be designed to fit window openings.	Major Exception
Materials	Materials shall be those typically used for awnings for a building of the specific design and era associated with the building. Typical materials include cloth, metal and wood.	Major Exception
Storefront	The configuration and proportions shall be compatible with the design of the storefront and shall not overpower the building.	Major Exception
SIDING
Masonry	Retain and restore existing siding. Repair siding with in-kind materials.	Major Exception
Masonry – Replacement	Use salvage material to replace siding. When salvage material is not available, new materials shall match the original in size, color, uniformity and texture.	Major Exception
Nonmasonry	Repair and restore existing using the original wood siding or in-kind salvage material. When salvage is not available, new material (such as wood, cement fiber, fiberglass, vinyl), shall match the dimensions, overlap, and surface texture of the original wood siding.	Major Exception
Trim and Details	Do not cover original trim and details.	Major Exception
TRIM AND ORNAMENTATION
Missing Original – Decorative Details	Replicate from documentation of original details. When documentation is not available, replicate based on details from buildings of a similar design and era.	Major Exception
New – Trim and Decorative Elements	Shall not cover original details.	Major Exception
Original – Cornice, Trim and Decorative Elements	On front and side facades, restore and repair in kind. When replacement is necessary, replicate using in-kind materials.	Major Exception
ROOFS AND ROOF LINES
Chimney	Retain original when it contributes to the character of the roof.	Minor Exception
Mechanical and Service Equipment	Locate to eliminate visibility from frontages and public ways.	Minor Exception
New	Retain existing roof slopes and shapes for areas visible from frontages.	Major Exception
New – Modified Slope for a Flat Roof	Allowed for a problem flat roof when not visible from a frontage and does not impact the character of the building.	Minor Exception
RENOVATION FOR ACCESSIBILITY (1)
Lifts and Ramps	Incorporate into another feature, screen with landscape, and/or finish to match the adjoining materials.	Major Exception
Materials – General	Materials shall be compatible with the building’s original materials.	Major Exception
Materials – Handrail	Materials shall be metal or wood. Wire and cable are prohibited.	Major Exception
Materials – Wood	Wood shall be painted or stained to match the building.	Major Exception
Openings and Ramps (2)	Openings and ramps shall be located and designed to minimize impact on the historic and architecturally significant materials and character defining features.	Major Exception
PORCH (Not an approved frontage type – See Table 6 and section 9225.6 of this code)
Original	Retain and repair the original with in-kind materials.	Major Exception
Original – Alterations	Minimize the effects of alterations on the historic character.	Major Exception
Original – Rebuilding	Replicate the original porch design, shape, materials, and details.	Major Exception
Original – Replacement of Missing	Replacement of missing porch is allowed with documentation of the original porch. The replacement porch shall restore the design, shape, materials, and details of the original.	Refer to process for modification to frontage type in Table 6
1. Renovations required to provide accessibility in compliance with the Americans with Disabilities Act. 2. If access to the primary entrance cannot be provided without degrading the significant architectural features, access should be provided through an alternate entrance. 3. When allowed by major exception, the alterations shall minimize the impact to the historic character of the building.

(Ord. 1139, §2 (Exh. A, 8.010), adopted 2012)

§9228 PARKING STANDARDS AND PROCEDURES

§9228.1 PARKING REQUIRED

Each building and land use, including a change or expansion of a building or land use, shall provide parking areas in compliance with section 9228 of this code. No building shall be occupied and no land use shall commence until the improvements required by section 9228 of this code are completed and approved by the Planning Director. (Ord. 1139, §2 (Exh. A, 9.010), adopted 2012)

§9228.2 NUMBER OF PARKING SPACES REQUIRED

A. Each site shall provide the number of parking spaces required by Table 14: Number of Parking Spaces Required by Zone, except where the parking requirement is reduced or otherwise modified in compliance with section 9228.3 of this code.

B. The number of parking spaces required shall be based on the use(s) of the building and parcel. Where more than one use will occupy a building or parcel, the number of parking spaces is required to equal the sum of the spaces required for each use, except as provided in Table 15: Vehicular Shared Parking Factor.

C. On-street parking located along the frontage line(s) of the parcel shall be counted toward fulfilling the parking requirements.

D. Downtown Parking Improvement District – Exemption. All existing commercial structures as of January 1, 1979, within the area defined as the City of Ukiah Parking District No. 1, shall be exempt from the required off-street parking requirements prescribed in this section. This exemption applies to changes in the structure, a sale of the property or business, or expansion into existing structure space. New commercial construction, including demolition, reconstruction, structural additions and existing or new residential uses within said district, are not exempt. The exemption provided in this section does not require variance or exception approval by the Planning Commission or City Council.

Table 14: Number of Parking Spaces Required by Zone
Use	General Urban GU	Urban Center UC	Downtown Core DC	Modification to Standard (1)

Vehicle Parking
Civic	To be determined by major exception			Major Exception (2)
Lodging	1 per guest room or suite. No additional parking is required for accessory facilities, such as restaurants, meeting rooms, swimming pools, etc.			Major Exception (2)
Office	1 for every 300 gross square feet			Major Exception (2)
Residential	1.5 per dwelling unit	1.0 per dwelling unit	1.0 per dwelling unit	Major Exception (2)
Restaurant	1 for every 300 gross square feet			Major Exception (2)
Retail	1 for every 300 gross square feet			Major Exception (2)
Other	To be determined by major exception			Major Exception (2)
Bicycle Parking
All Uses	A minimum of 10% of the number of vehicle parking spaces required by this table			Major Exception (2)
1. See section 9231 of this code, Administration and Procedures. 2. If a use permit is required, the parking requirement shall be determined through the use permit process and a major exception shall not be required.

(Ord. 1139, §2 (Exh. A, 9.020), adopted 2012)

§9228.3 REDUCTION OF REQUIRED VEHICLE PARKING

The parking required by Table 14 may be reduced in compliance with the following:

A. Shared Parking: The parking required for more than one use of a single building or parcel may be reduced based on Table 15: Vehicular Shared Parking Factor. The number of parking spaces required shall be determined by Table 14: Number of Parking Spaces Required by Zone, multiplied by the shared parking factor applicable to the mix of uses.

Table 15: Vehicular Shared Parking Factor
USE	Lodging	Office	Residential	Retail
Lodging	1.00	0.60	0.90	0.77
Office	0.60	1.00	0.70	0.83
Residential	0.90	0.70	1.00	0.83
Retail	0.77	0.83	0.83	1.00

B. Special Needs Housing: The Planning Director may approve a reduction in parking requirements not exceeding thirty percent (30%) for housing projects with at least four (4) dwelling units reserved for seniors, disabled persons, emergency shelters, transitional housing, single room occupancies, or other special needs housing with reduced parking demand based on factors such as age of occupants, disabilities, household size, or other factors that support a finding of reduced parking demand. An agreement acceptable to the City restricting the use consistent with the reduction in parking may be required to be recorded in the office of the County Recorder. For the purposes of this subsection, “senior” means a person sixty-two (62) years of age or older, or fifty-five (55) years of age in a senior citizen housing development as defined in California Civil Code section 51.3.

C. Affordable Housing Projects: In any district, the Planning Director may approve a reduction in parking requirements not exceeding twenty percent (20%) for housing projects with at least four (4) units affordable to persons of low, very low, or extremely low income as defined by the California Health and Safety Code based on factors that support a finding of reduced parking demand. An agreement acceptable to the City ensuring the long-term affordability of the housing units shall be required and recorded in the office of the County Recorder. The term “long-term” shall mean the typical time frame required for affordable housing projects associated with HOME grants and other affordable housing funding sources.

D. Residential Housing Projects: In any district, the sum of the separate parking requirements for each use in a mixed residential/commercial project may be reduced by not more than thirty-five percent (35%) where day and night-time uses offset parking demand based on documentation that supports a finding of reduced parking demand. An agreement acceptable to the City restricting the use consistent with the reduction in parking may be required to be recorded in the office of the County Recorder.

E. Bicycle Parking Facility: A reduction of parking spaces may be granted to projects involving new construction at a rate of one vehicle space for every five (5) bicycle parking spaces provided. The required vehicular parking shall not be reduced by more than two (2) spaces under this subsection. A bicycle parking space is a designated area within a facility designed for the parking and securing of bicycles.

F. Off-Site Parking: A project that is not located in Downtown Parking District No. 1 may locate required parking away from the site of the proposed use.

1. Less Than One-Quarter Mile: Off-site parking may be located up to one-quarter mile from the site it serves with approval of a minor exception.

2. More Than One-Quarter Mile: Off-site parking may be located more than one-quarter mile from the site it serves and may be considered by major exception. When considering the location of parking more than one-quarter mile from the site served, the review authority shall consider: whether adequate provisions, such as shuttle service, have been provided; if the project is well served by public transit; and if the project provides bicycle facilities or other alternative forms of transportation.

3. Guarantee of Availability: Required parking spaces that are located off site shall be committed by a recordable covenant, lease, or other agreement that is acceptable to the City Attorney.

G. Reduction of Water Pollution and Stormwater Run-Off: When a site is provided with low impact development improvements that treat all of the parking area(s) or the parking area is constructed of permeable surfaces, the number of parking spaces required shall be reduced by twenty percent (20%). If the LID improvements treat or permeable surface is used for only a fraction of the parking area, then only a proportionate fraction of the twenty percent (20%) reduction in the parking requirement shall be granted.

H. In-Lieu Fees.

1. Owners of property (a single parcel or combination of contiguous parcels) smaller than seven thousand (7,000) square feet in area may pay an in-lieu fee rather than providing all the required on-site parking spaces. The increased developable portion of the parcel that would have been used for vehicle parking spaces shall not be solely used for structure(s) or building expansion. A reasonable amount of area, as determined by the City Design Review Board, shall be landscaped and/or developed as an outdoor component of the project.

2. Owners who propose to construct, demolish, reconstruct or make structural additions to a commercial structure on a parcel of land consisting of less than seven thousand (7,000) square feet may elect to pay a fee in lieu of providing on-site parking spaces required by Table 14: Number of Parking Spaces Required by Zone. The actual amount of the fee per parking space shall be established pursuant to sections 9542 and 9544 of this code.

3. All in-lieu fees for parking purposes shall be used by the City for the construction or improvement of automobile or bicycle parking facilities or alternative transportation facilities at an appropriate time which serves the employees and customers of the commercial area within Parking District No. 1.

4. Prior to the issuance of a building permit, the property owner shall pay the required in-lieu fee to the City. (Ord. 1139, §2 (Exh. A, 9.030), adopted 2012)

§9228.4 EXCESS PARKING

Parking proposed that exceeds that amount of parking required by Table 14: Number of Parking Spaces Required by Zone, may be allowed with the approval of a major exception. (Ord. 1139, §2 (Exh. A, 9.040), adopted 2012)

§9228.5 LOCATION OF REQUIRED VEHICLE PARKING

Required parking shall be located on the same parcel as the use(s) served unless off-site parking is authorized in compliance with subsection 9228.3F of this code, Off-Site Parking. Parking shall be located on each site in compliance with the parking layer requirements in Table 17: Parking Design Standards, and section 9225.7 of this code, Layers. (Ord. 1139, §2 (Exh. A, 9.050), adopted 2012)

§9228.6 PARKING STALLS AND DRIVE AISLES

Parking facilities and stalls shall be designed with the dimensions included in Table 16: Minimum Parking Space and Aisles Dimensions, and as illustrated in Figure 5: Minimum Parking Space and Aisle Dimensions, except as provided below.

A. Compact Stalls: A maximum of thirty percent (30%) of the required parking spaces may be compact spaces. Compact stalls shall be eight feet (8') in width and sixteen feet (16') in length and marked as compact. Compact spaces shall not be combined with uni-stall spaces.

B. Uni-Stalls: Uni-stall parking spaces may be used in place of a combination of standard and compact parking stalls. Uni-stalls shall be eight and one-half feet (8.5') in width and eighteen feet (18') in length.

C. Obstructions: Where posts, columns, or other architectural appenditures, other than wheel stops, are located within parking areas, these obstructions shall not be included in the minimum parking dimensions set forth in this section. Such obstructions shall not interfere with vehicular movement, parking or the opening of vehicle doors.

Table 16: Minimum Parking Space and Aisle Dimensions
Standard Parking Spaces (1)
A Angle of Parking	B Space Width	C Space Length	D Aisle Width	E	F
45 degree	9 feet	19.8 feet	13 feet (one-way)	12.7 feet	52.6 feet
60 degree	9 feet	21.0 feet	18 feet (one-way)	10.4 feet	60.0 feet
90 degree	9 feet	19.0 feet	24 feet	9.0 feet	62.0 feet
Parallel	9 feet	22.0 feet	–	22.0 feet	–
1. Where parking stall angles vary from column A above, columns C – F shall be adjusted proportionally.

Figure 5: Minimum Parking Space and Aisle Dimensions

Table 17: Parking Design Standards – Open Parking and Parking Garages
STANDARD (1)	ALL ZONES	MODIFICATION TO STANDARD (2)

OPEN PARKING
Courtyard Building	Allowed in 4th layer only (See Figure 4B).	Major Exception
Rear Yard Building	Allowed in 3rd layer only (See Figure 4A).	Major Exception
Side Yard Building (3)	Allowed in 3rd layer only (see Figure 4A).	Major Exception
Other Building Type	To be determined by major exception.	Major Exception
Existing Open Parking – No Modification or Expansion	Existing parking facilities that are nonconforming in terms of location (layer) are not required to be relocated to comply with the parking layer requirement.	None
Existing Parking Facility – Modification	Modifications to existing parking facilities shall comply with the requirements of Tables 16, 17 and 18.	Minor Exception
Existing Parking Facility – Expansion	The expansion of existing parking facilities shall comply with the requirements of Tables 16, 17 and 18.	Minor Exception
ACCESS
Location	Parking, including garages, shall be accessed from an alley or secondary frontage when possible.	Minor Exception
Opening Width Parking Lot or Garage	Shall not exceed two lanes in width.	Minor Exception (4)
Pedestrian Entrance	Entrances to all parking lots and parking garages shall be directly from a frontage line. Only underground parking garages may be entered directly from the building.	Minor Exception (4)
Pedestrian Pathway	Parking lots with more than 12 parking spaces shall provide a pedestrian path of travel incorporated into the landscape area or separate from the drive aisles.	Major Exception
Vehicular Clearance	Parking areas for nonresidential uses shall maintain a minimum unobstructed clearance height of 14 feet above areas accessible to vehicles.	Minor Exception (4)
Shared Access – Adjacent Sites	For efficient circulation, safety, and convenience, shared access to on-site parking areas on adjacent properties is encouraged. Shared pedestrian access between adjacent properties is also strongly encouraged.	None
Vehicle Overhang	Vehicle may overhang a maximum of two feet into landscape area.	None
SURFACING AND STRIPING
Surfacing – Parking Spaces and Maneuvering Areas	Durable, dust free, all-weather surfaces consistent with City standards. Permeable surfaces (5) are encouraged pursuant to the approval of the Public Works Department and Fire Marshal.	Major Exception
Striping – Vehicle Spaces	Understandable markings to indicate where vehicles should park. Subtle markings such as contrasting colors in paving stones are encouraged.	Minor Exception (4)
Restriping	Planning Director approval of a restriping plan is required.	None
1. See section 9232 of this code, Glossary, for an explanation of terms. 2. See section 9231 of this code, Administration and Procedures. 3. Sideyard buildings are not allowed in the DC Zone. 4. Modification to this standard requires review and approval of the Planning Department, Public Works Department, Fire Department and Electric Utility Department as applicable to the specific project. 5. Such as pervious concrete, pervious pavers (Unipaver, Eco-Stone, and SF Rima or an approved equivalent); gravel, bark, or grass when reinforced to provide adequate load bearing (including geotechnical structures such as Invisible Structures Grasspave and Gravelpave products, or an approved equivalent).

Table 18: Open Parking Lot Design Standards
STANDARD	ALL ZONES	MODIFICATION TO STANDARD (1)

LANDSCAPING
Amount – % of Parcel Area	Within and/or around the parking area, a minimum of 10% of the gross area of the parking lot shall be provided as landscaping.	Minor Exception
Live Planting – %	A minimum of 50% of the landscaped area shall be live plantings.	Minor Exception
Perimeter	Landscaping shall be provided around the perimeter of the parking lot and shall include trees, shrubs and groundcover.	Minor Exception
Trees – Deciduous	Majority of trees along the west and south building elevations/facades shall be deciduous.	Minor Exception
Trees – Nondeciduous	Nondeciduous trees shall be located in areas that do not restrict solar access.	Minor Exception
Trees – Shade	A minimum of one shade tree for every five parking spaces or trees provided to achieve 50% canopy coverage of paved area at maturity, whichever is greater.	Minor Exception
Size of Plantings	Trees: Minimum size of No. 15. Larger trees are encouraged. Shrubs: five gallon.	Minor Exception
Species	Native, drought tolerant, or those known to grow well in Ukiah’s climate are required.	Minor Exception
Existing Facilities	Existing open parking facilities as of the date of the adoption of this code shall be considered legal nonconforming; provided, that they were legal at the time of their creation.	None
Existing Facilities – Expansion of Legal Nonconforming Parking Area	When existing parking facilities that are legal nonconforming are expanded, the expansion area shall conform with the provisions of this table. Retrofitting of the existing parking area to conform with the provisions of this table is strongly encouraged.	Minor Exception
Existing Facilities – Expansion of Existing Parking Area (Not Legal Nonconforming)	When existing parking facilities are expanded that are not legal nonconforming and do not comply with the requirements of this table, the expansion area and the existing parking area shall be made to comply with the provisions of this table.	Major Exception
IRRIGATION
See section 9225 of this code: Site and Building Development Standards, Table 10: Landscaping Standards for All Developments
LIGHTING
See section 9225 of this code: Site and Building Development Standards, Table 9: Development Standards for All Land Uses
1. See section 9231 of this code, Administration and Procedures.

Figure 6: Liner Building Concept

With a liner building, the parking is located in the third or fourth layer with the liner units located along the street frontage within the first and second layers. The design of the building frontage is required to be consistent with the frontage type allowed for the zoning district in which the parcel is located.

Figure 7: Conceptual Live/Work or Park under Building

Garage Concept

This conceptual plan provides the option of ground floor parking or ground floor work space.

When the wall of the garage facing the street is designed as one of the allowed frontage types and accessed from an alley rather than the street, the garage may be located in the first or second layer.

Work/Flex

This concept does not include parking as part of the unit.

Parking could be provided along the frontage of the parcel, in an open parking lot on the site in compliance with the parking layer requirements, in a shared parking structure, or off site.

Liner Concept Illustration

The live/work concept illustrated in Figure 7: Conceptual Live/Work or Park under Building, could be used as the liner units.

Number of Stories

The number of stories is determined by the zoning district (GU, UC, DC) and is subject to Airport Zone height restrictions.

(Ord. 1139, §2 (Exh. A, 9.060), adopted 2012)

§9229 TREE PRESERVATION AND PLANTING REQUIREMENTS

§9229.1 PURPOSE

The City of Ukiah acknowledges the importance of trees to the community’s health, safety, welfare, and tranquility. Trees are a source of beauty, provide shade and other environmental benefits, enhance property values, create community identity, and generally enhance the quality of urban life. The City is committed to planting new trees as well as protecting existing trees to the greatest extent possible.

The purpose of section 9229 of this code is to identify protected trees and landmark trees and to establish the tree planting requirements for street trees, parking lots, and riparian corridors, and tree protection requirements. (Ord. 1139, §2 (Exh. A, 10.010), adopted 2012)

§9229.2 APPLICABILITY

Section 9229 of this code shall apply to new development and redevelopment within the boundaries of this code as shown on the Zoning Map (Figure 1). (Ord. 1139, §2 (Exh. A, 10.020), adopted 2012)

§9229.3 TREE PRESERVATION

A. Protected Trees: Table 19: Protected Trees, identifies the trees that are protected within the boundaries of this code. Removal of a tree included in Table 19 requires approval of a major exception as prescribed in Table 29.

B. Landmark Trees: Table 20: Landmark Trees on Private Property, designates specific trees as landmark trees. The trees included in Table 20 were selected as worthy of landmark status based on one or more of the following characteristics:

1. Outstanding specimen of a species desirable to the community;

2. One of the largest or oldest trees in the City of Ukiah;

3. Historical/commemorative interest;

4. Distinctive form and/or aesthetic appeal; and/or

5. Environmental value, including importance as habitat for wildlife.

Removal of a tree included in Table 20 requires approval of a major exception as prescribed in Table 29.

C. Development Projects:

1. The design of every development project shall recognize the desirability of preserving the protected trees identified in Table 19: Protected Trees, and Table 20: Landmark Trees on Private Property, to the greatest extent possible. The design of the grading and site improvements shall reflect consideration of the following safeguards:

a. Provision of sufficient growing areas as required by individual species;

b. No disruption or removal of structural roots or majority loss of feeder roots;

c. Fencing of trees at or beyond the drip lines during grading and construction activities;

d. No ornamental landscape, filling, cutting, development, or compaction of soils within the drip line;

e. Posting of a sign identifying the Tree Protection Zone during all grading and construction activities; and

f. Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect.

2. It is recognized that the preservation of all existing trees on a development site may sometimes conflict with reasonable land development considerations (e.g., adequate drainage, circulation, safety, and provision of utilities). However, the design of the proposed development shall address the preservation of the most desirable and significant of the healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this goal.

3. In order to ensure the long-term health of tree(s) to be preserved, trees proposed for preservation shall meet the following criteria as determined by a certified arborist:

a. Good (4) or excellent (5) health;

b. Moderate (3) to good (4) structure; and

c. The ability of the tree to withstand the long-term and short-term impacts of construction and development.

4. Grading and landscaping plans shall implement the approved tree preservation plan. The locations of all protected trees shall be indicated on the plans by the number of the tree as described in the City approved project plans and/or City approved arborist report. Plans shall be consistent with the required tree protection measures included in the project conditions of approval and/or mitigation measures included in the initial study, mitigated negative declaration, or environmental impact report.

D. Tree Protection Requirements: Trees required to be preserved are subject to the following protection measures in order to reduce the likelihood of construction-related impacts and to ensure the long-term health of the tree(s).

1. Prior to initiating any construction activity on a construction project, including demolition or grading, protective tree fencing shall be installed at the Tree Protection Zone for each tree to be preserved.

2. The protective tree fencing shall be shown on the approved building permit or improvement plans. This fencing shall serve as a barrier to prevent encroachment of any type by construction activities, equipment, materials storage, or personnel.

3. The Tree Protection Zone (TPZ) is illustrated on the improvement and/or building permit plans and represents the area around each tree or group of trees which must be protected at all times with tree protection fencing. No encroachment into the TPZ is allowed at any time without approval from the project arborist. Signs identifying the TPZ shall remain in place for the duration of grading and construction. The sign shall read: “Warning: Tree Protection Zone. This fencing shall not be removed without approval of the Planning Director.”

4. Contractors and subcontractors shall direct all equipment and personnel to remain outside the fenced area at all times until the project is complete, and shall instruct personnel and subcontractors as to the purpose and importance of fencing and preservation.

5. No grading shall occur within the protective barriers without approval by the Planning Director.

6. No attachments or wires other than those of a protective and nondamaging nature shall be attached to a protected tree.

7. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small handheld power tools and shall not be of a depth that could cause root damage.

8. When the existing grade around a protected tree is to be raised, the project arborist shall provide written directions on which method(s) may be used to drain liquids away from the trunk.

9. When the existing grade around a protected tree is to be lowered, the project arborist shall provide written directions on which method(s) may be used (such as terracing, retaining wall) to allow the drip line to be left at the original grade.

10. No equipment, solvents, paint, asphalt, or debris of any kind shall be placed, stored, or allowed within the protective barrier.

E. Replacement Trees:

1. Development Projects: Healthy trees as defined by subsection C3 of this section approved for removal as part of a development project shall be replaced at a ratio determined by the conditions of approval or the mitigation measures for the project. If there is inadequate space on the site to replace the trees, the trees may be planted off site at a location to be determined by the City.

2. Protected Trees: If the City authorizes the removal of a protected tree(s) because it is dead, dangerous, or a nuisance, no tree replacement is required. In all other cases, the tree(s) must be replaced.

3. Street Trees: If the City authorizes removal of a street tree in connection with a development project, the replacement requirements shall be specified in the conditions of approval for the permit for the development project.

F. Exceptions: The removal or relocation of protected trees is exempt from the provisions of this section under the following circumstances:

1. Emergency Situations: In cases of emergency where the City of Ukiah determines there is a substantial, imminent risk or hazard to the public, adjacent properties, or to public facilities, a protected or landmark tree may be removed. In cases where there is a substantial, imminent risk or hazard to the public, adjacent properties, or to public facilities and City of Ukiah approval cannot be obtained due to City Hall closure (such as weekend, City holiday, or after hours), the tree may be removed; provided, that documentation of the emergency situation be provided to the Planning Department as soon as possible.

2. Traffic Visibility Obstructions: To maintain adequate line of sight distances as required by the Director of Public Works.

3. Public Utility Damage: To protect existing electrical power or communications lines.

4. Damage to Building Foundation: To prevent damage to the foundation of existing buildings. (Ord. 1139, §2 (Exh. A, 10.030), adopted 2012)

§9229.4 PLANTING REQUIREMENTS

A. Required Tree Planting: Tables 21, 23, 24, and 26 identify the required tree species for planting as street trees, parking lot trees, and riparian trees, respectively. These tables also include information regarding the characteristics of each tree in the table (such as evergreen or deciduous, size, drought tolerance, native, and the suitability/compatibility with various locational constraints). Tree species should be selected based on the conditions specific to the proposed development. The tree species included in Tables 21 and 23 were selected based on hardiness, drought tolerance, native/local preference, as well as unifying design principles.

B. Minimum Tree Size: The minimum tree size for street trees, parking lot trees, riparian trees, and replacement trees required as condition of project approval or as mitigation measures for a project shall be No. 15 unless a different size is approved by the decision making body or required in order to mitigate an environmental impact of the project.

C. Irrigation Plan: Irrigation shall be provided to new trees. The type of irrigation provided (e.g., drip, bubbler, spray) shall be determined by the water requirements of the specific species. Every effort shall be made to place plants with similar water needs together. A conceptual irrigation plan shall be included as part of the landscaping plan submitted as part of the development permit application.

D. Additional Requirements: Additional considerations for tree planting and landscaping are included in section 9225 of this code, Table 10: Landscaping Standards for All Developments, and section 9228 of this code, Table 18: Open Parking Lot Design Standards.

E. Street Trees Required: Residential, commercial, and industrial developments and the development of individual lots shall include the planting of street trees at developer’s/property owner’s expense, including the following:

1. Operable irrigation system;

2. Tree wells a minimum of four feet (4') by four feet (4');

3. Root barriers when required by the Department of Public Works;

4. Trees grates when required by the Department of Public Works;

5. Structural soil when required by the Department of Public Works or Planning Department; and

6. One street tree for every thirty feet (30') of parcel frontage with the exact location to be determined by the Public Works Department and Planning Department based on the location of sewer and water lines, underground and overhead lines and the purpose requirements of this code. (Ord. 1139, §2 (Exh. A, 10.040), adopted 2012)

§9229.5 STREET TREE DESIGN PRINCIPLES

The spacing and species selected for use as street trees and included in Table 21: Required Street Trees for Primary Streets, Table 22: Alternate Street Trees for Primary Streets, and Table 23: Required Street Trees for Nonprimary Streets, are based on the trees’ ability to grow well in Ukiah’s climate, withstand the street tree setting and the following design principles:

A. Street trees, by virtue of a narrow tree trunk, provide transparency at the pedestrian’s eye level, permitting a visual grasp of extensive areas of a city.

B. The type, spacing, structure, and pattern of street trees create a discrete rhythm that results from the arrangement of trees, expressing the particular site.

C. Street trees create a smaller scale of space with their canopies that is sympathetic to the movement and perception of pedestrians.

D. The diversity of individual trees is subordinate to the repetitive pattern of the whole, which unifies the individual parts into a single whole.

E. Street trees, when formed from a single species, can create a homogeneity of texture, pattern, light and shade, resulting in a collective impact that is more important than the individual trees.

F. The ground surface is visually unobstructed to permit a clear visual expression of trees rising out of the ground.

G. Street trees provide a buffer between the pedestrian and vehicle travel/parking lanes, creating an enhanced sense of safety. (Ord. 1139, §2 (Exh. A, 10.050), adopted 2012)

§9229.6 USE OF ALTERNATE TREE SPECIES

Tables 22 and 25 provide alternative tree species for planting as street trees and parking lot trees. Use of a species from these tables requires written approval from the decision making body for the project (e.g., Planning Director, Zoning Administrator, Planning Commission) as determined by section 9231 of this code, Administration and Procedures. Trees from the Alternate Tree Table may be considered for planting when locational constraints or other project-specific issues make a tree from the Required Tree Table unsuitable for planting. The species included in Tables 21 and 24 were selected based on their ability to tolerate various site constraints, such as limited overhead or root space.

Table 19: Protected Trees
COMMON NAME SCIENTIFIC NAME (1)	SIZE (2)	MODIFICATION TO STANDARD (3)

Black Oak Quercus kelloggii	5 inches DBH	Major Exception
Blue Oak Quercus douglasi	5 inches DBH	Major Exception
Coast Live Oak Quercus agrifolia	5 inches DBH	Major Exception
Cork Oak Quercus suber	5 inches DBH	Major Exception
Interior Live Oak Quercus wislizenii	5 inches DBH	Major Exception
Oracle Oak Quercus x morehus	5 inches DBH	Major Exception
Oregon Oak Quercus garryana	5 inches DBH	Major Exception
Valley Oak Quercus lobata	5 inches DBH	Major Exception
White Oak Quercus	5 inches DBH	Major Exception
Other native California oak	5 inches DBH	Major Exception
California Buckeye Aesculus, californica	6 inches DBH	Major Exception
California Bay Umbellaria, californica	8 inches DBH	Major Exception
California or Coast Redwood Sequoia	12 inches DBH	Major Exception
Street trees	N/A	Major Exception
Landmark trees identified in Table 20	N/A	Major Exception
Trees located in riparian corridors	N/A	Major Exception
Any tree required to be planted or preserved as environmental mitigation or condition of approval for a discretionary development application or other development permit	N/A	Major Exception (4)
1. See section 9232 of this code, Glossary, for an explanation of terms. 2. Size is trunk diameter measured at a height of 4.5 feet or diameter at breast height (DBH) from surrounding grade. Multiple trunk trees must have at least one trunk with the above diameter (based on species) to be considered protected. Smaller trees may also be protected under special circumstances and shall be considered on a case by case basis during the development review process. 3. See section 9231 of this code, Administration and Procedures. 4. Any modification to the tree mitigations included as part of an environmental document may require additional environmental review and/or a revision to the environmental document.

Table 20: Landmark Trees on Private Property (1)
COMMON NAME SCIENTIFIC NAME	LOCATION	NUMBER OF TREES	MODIFICATION TO STANDARD (2)

Valley Oak Quercus lobata	225 East Perkins Street	6	Major Exception
Coast Redwood Sequoia sempervirens	410 East Perkins Street	4	Major Exception
Coast Redwood Sequoia sempervirens	Perkins Street at Pear Tree Center	11	Major Exception
Lebanon Cedar Cedrus libani	Perkins Street at Pear Tree Center	2	Major Exception
Dawn Redwood Metasequoia glyptosroboides	North School Street at West Standley	2	Major Exception
Cork Oak Quercus suber	107 Oak Street at the Saturday Afternoon Club	1	Major Exception
Coast Redwood Sequoia sempervirens	107 Oak Street at the Saturday Afternoon Club	2	Major Exception
Coast Redwood Sequoia sempervirens	108 Oak Street	1	Major Exception
Coast Redwood Sequoia sempervirens	265 Clay Street	2	Major Exception
Coast Redwood Sequoia sempervirens	220 Mason Street	1	Major Exception
Valley Oak Quercus lobata	320 Main Street	1	Major Exception
Valley Oak Quercus lobata	324 Main Street	2	Major Exception
Coast Redwood Sequoia sempervirens	216 West Henry Street at Foundation for Medical Care	6	Major Exception
Coast Redwood Sequoia sempervirens	400 Block North School Street – east side in parking lot	1	Major Exception
Canyon Live Oak Quercus chrysolepis	400 Block North School Street – east side in parking lot	1	Major Exception
Valley Oak Quercus lobata	400 Block North School Street – east side in parking lot	2	Major Exception
Interior Live Oak Quercus wislizanli	400 Block North School Street – east side in parking lot	2	Major Exception
Coast Redwood Sequoia sempervirens	100 Block of Norton Street	1	Major Exception
Oak Quercus	North State Street in front of the courthouse	1	Major Exception
Southern Magnolia Magnolia grandiflora	North State Street in front of the courthouse	2	Major Exception
Tulip Magnolia Magnolia soulangiana	North State Street southeast corner in front of the courthouse	2	Major Exception
Dawn Redwood Metasequoia glyptosroboides	Corner of Standley and School Streets in front of the courthouse	2	Major Exception
Willows (numerous varieties Salix), cottonwoods, black walnut, live oak, valley oak	Gibson Creek corridor from Perkins Street to Leslie Street	–	Major Exception
1. See also Table 19: Protected Trees. 2. See section 9231 of this code, Administration and Procedures.

(Ord. 1139, §2 (Exh. A, 10.070), adopted 2012)

§9229.7 REQUIRED STREET TREES

Table 21: Required Street Trees for Primary Streets, identifies the tree species that are required to be planted on specific primary streets. Considerations for selection of the species to be planted include site constraints, such as root confinement, overhead wires, canopies, and other street trees in the area. The intent is to create a unifying theme consistent with the street tree design principles included in section 9229.5 of this code by limiting the number of tree species, thereby creating a distinct identity for each primary street included in Table 21. As noted in Table 21, for most streets there is one tree identified to be used at intersections and opportunities to select from several species for planting within the block.

Table 21: Required Street Trees for Primary Streets
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerant	Native (Yes/No)	Canopy Type	Suitable For			Location Requirements/ Characteristics	Modification to Standard
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerant	Native (Yes/No)	Canopy Type	Roots and Confined Spaces	Overhead Wires	Canopy and Confined Spaces	Location Requirements/ Characteristics	Modification to Standard

Main Street
Chinese Pistache Pistacia Chinesis	40 ft.	40 ft.	Deciduous	Yes	No	Round	Moderate	No	No	Supplement existing only at intersection of Perkins Street and State Street	Minor Exception (1)(2)
Holly Oak Quercus ilex	35 ft.	35 ft.	Evergreen	Yes	No	Round	Moderate	Yes	Moderate	Use at all intersections	Minor Exception (1)(2)
Red Oak Quercus rubra	70 ft.	50 ft.	Deciduous	Yes	No	Spreading	No	No	No	Slow growth, attractive shade tree	Minor Exception (1)(2)
Valley Oak Quercus lobata	70 ft.	50 ft.	Deciduous	Moderate with deep soil	Yes	Round	No	No	No	At library parking lot, pocket park and Gibson Creek	Minor Exception (1)(2)
Perkins Street Entry Gateway – From Orchard Street to School Street
Black Oak Quercus kelloggii	50 ft.	40 ft.	Deciduous	Yes	Yes	Round	Moderate	No	No	Predominant street tree for Perkins Street. Native oak species	Minor Exception (1)(2)
Holly Oak Quercus ilex	35 ft.	35 ft.	Evergreen	Yes	No	Round	Moderate	Yes	Moderate	Moderate growth rate, to complement existing	Minor Exception (1)(2)
Dwarf Southern Magnolia Magnolia grandiflora ‘Little Gem’	25 ft.	15 ft.	Evergreen	Moderate	No	Fastigiate	Yes	Yes	Yes	At intersection of Perkins Street and State Street	Minor Exception (1)(2)
School Street
Chinese Pistache Pistacia Chinesis	40 ft.	40 ft.	Deciduous	Yes	No	Round	Moderate	No	No	The only species to be used on School Street	Minor Exception (1)(2)
State Street
Interior Live Oak Quercus wislizanii	35 ft.	40 ft.	Evergreen	Yes	Yes	Round	Yes	No	No	Use at intersections when adequate space at bulb outs	Minor Exception (1)(2)
London Sycamore Plantanus acerfolia ‘Bloodgood’	60 ft.	40 ft.	Deciduous	Yes	No	Broadly Pyramidal	Moderate	No	No	Predominant street tree for State Street. Well suited to local conditions	Minor Exception (1)(2)
1. Zoning Administrator approval of a minor exception is required to use a tree species from Table 22: Alternate Street Trees for Primary Streets. 2. Planning Commission approval of a major exception is required to use a tree species that is not from Table 22: Alternate Street Trees for Primary Streets.

(Ord. 1139, §2 (Exh. A, 10.080), adopted 2012)

§9229.8 ALTERNATE STREET TREES FOR PRIMARY STREETS

Table 22 identifies the tree species that may be used as a substitute for the species required by Table 21. For most streets included in Table 22 there is one tree identified to be used at intersections and opportunities to select from several species for planting within the block. Use of a tree from Table 22 requires Zoning Administrator approval of a minor exception. In order to plant a tree species that is not included in Table 21 or Table 22, Planning Commission approval of a major exception is required.

A. Exception Review and Considerations: The request for an exception shall be reviewed by the Planning Department, Public Works Department, and the Electric Utility Department. The exception application shall include the following information in addition to the information required by Table 29: Exception Procedures.

1. Why species from the required tree list cannot be planted;

2. Why the alternative species proposed is a preferred and appropriate substitute;

3. How the alternative species is consistent with the intent to create a unifying planting theme for the primary streets within the boundaries of this code; and

4. Other information as determined by the decision making body or reviewing departments.

Table 22: Alternate Street Trees for Primary Streets
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerant	Native (Yes/No)	Canopy Type	Suitable For			Locational Requirements/Characteristics	Modification to Standard
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerant	Native (Yes/No)	Canopy Type	Roots and Confined Spaces	Overhead Wires	Canopy and Confined Spaces	Locational Requirements/Characteristics	Modification to Standard

Main Street
Fastigiate English Oak Quercus robur ‘Fastigiata’	45 ft.	15 ft.	Deciduous	Moderate	No	Fastigiate	Yes	No	Yes	Fast upright growth for limited canopy locations	Major Exception
European Hornbeam Carpinus betulus ‘Fastigiata’	50 ft.	30 ft.	Deciduous	Moderate	No	Oval	Yes	No	Yes	Fast growth. Needs water when young	Major Exception
Fruitless Olive Olea europea ‘Swan Hill’	25 ft.	20 ft.	Evergreen	Yes	No	Round	Yes	Yes	Yes	Use at intersections	Major Exception
Perkins Street Entry Gateway – From Orchard Street to School Street
London Plane Plantanus acerfolia ‘Bloodgood’	60 ft.	40 ft.	Deciduous	Yes	No	Broadly pyramidal	Moderate	No	No	Well suited to urban site conditions, better choice for water retentive soils	Major Exception
Redbud Cercis reniformis ‘Oklahoma’	20 ft.	20 ft.	Deciduous	Yes	No	Vase	Yes	Yes	Yes	Suitable under utility lines, spring blooms	Major Exception
Washington Hawthorne Crataegus phaenopyrum	25 ft.	20 ft.	Deciduous	Moderate	No	Vase	Yes	Yes	Yes	Suitable under utility lines, spring blooms/fall color	Major Exception
State Street
Flowering Pear Pyrus calleryana ‘Aristocrat’	40 ft.	30 ft.	Deciduous	Moderate	No	Pyramidal	Yes	No	Yes	Alternate to Platanus in restrictive locations	Major Exception
Grecian Laurel Laurus nobilis	30 ft.	25 ft.	Evergreen	Yes	No	Pyramidal	Yes	Yes	Yes	Use at intersections for limited canopy locations	Major Exception
School Street – There Are No Alternate Street Trees for School Street

(Ord. 1139, §2 (Exh. A, 10.090), adopted 2012)

§9229.9 REQUIRED STREET TREES FOR NONPRIMARY STREETS

Table 23 identifies the required tree species for all streets not included in Table 21. There are no alternate trees for nonprimary streets due to the wide variety of species included in Table 23. Requests to use a species not included in Table 23 require Planning Commission approval of a major exception. The exception application shall include the items required by subsections 9229.8A1 through 9229.8A4 of this code and Table 29.

Table 23: Required Street Trees for Nonprimary Streets
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerant	Native (Yes/No)	Canopy Type	Suitable For			Locational Requirements/ Characteristics	Modification to Standard
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerant	Native (Yes/No)	Canopy Type	Roots and Confined Spaces	Overhead Wires	Canopy and Confined Spaces	Locational Requirements/ Characteristics	Modification to Standard

Chinese Pistache Pistacia Chinesis	40 ft.	40 ft.	Deciduous	Yes	No	Round	Moderate	No	No	Supplement existing only at intersection of Perkins Street and State Street	Major Exception
Dwarf Southern Magnolia Magnolia grandifloria ‘Little Gem’	25 ft.	15 ft.	Evergreen	Moderate	No	Fastigiate	Yes	Yes	Yes	At intersection of Perkins Street and State Street	Major Exception
European Hornbeam Carpinus betulus ‘Fastigiata’	50 ft.	30 ft.	Deciduous	Moderate	No	Oval	Yes	No	Yes	Fast growth, needs water when young	Major Exception
Flowering Pear Pyrus calleryana ‘Aristocrat’	40 ft.	30 ft.	Deciduous	Moderate	No	Pyramidal	Yes	No	Yes	Alternate to Plantanus in restrictive locations	Major Exception
Fruitless Olive Olea europea ‘Swan Hill’	25 ft.	20 ft.	Evergreen	Yes	No	Round	Yes	Yes	Yes	Use at intersections	Major Exception
Grecian Laurel Laurus nobilis	30 ft.	25 ft.	Evergreen	Yes	No	Pyramidal	Yes	Yes	Yes	Use at intersections or limited canopy locations	Major Exception
London Plane Plantanus acerfolia ‘Bloodgood’	60 ft.	40 ft.	Deciduous	Yes	No	Broadly pyramidal	Moderate	No	No	Well suited to urban site conditions, better choice for water retentive soils	Major Exception
Oak, Black Quercus kelloggii	50 ft.	40 ft.	Deciduous	Yes	Yes	Round	Moderate	No	No	Predominant street tree for Perkins Street. Native oak species	Major Exception
Oak, English Fastigiate Quercus robur ‘Fastigiata’	45 ft.	15 ft.	Deciduous	Moderate	No	Fastigiate	Yes	No	Yes	Fast upright growth for limited canopy locations	Major Exception
Oak, Holly Quercus ilex	35 ft.	35 ft.	Evergreen	Yes	No	Round	Moderate	Yes	Moderate	Use at all intersections	Major Exception
Oak, Interior Live Quercus wislizanii	35 ft.	40 ft.	Evergreen	Yes	Yes	Round	Yes	No	No	Use at intersections when adequate space at bulb outs	Major Exception
Oak, Red Quercus rubra	70 ft.	50 ft.	Deciduous	Yes	No	Spreading	No	No	No	Slow growth, attractive shade tree	Major Exception
Oak, Valley Quercus lobata	70 ft.	50 ft.	Deciduous	Moderate with deep soil	Yes	Round	No	No	No	At library parking lot, pocket park and Gibson Creek	Major Exception
Redbud Cercis reniformis ‘Oklahoma’	20 ft.	20 ft.	Deciduous	Yes	No	Vase	Yes	Yes	Yes	Suitable under utility lines, spring blooms	Major Exception
Washington Hawthorne Crataegus phaenopyrum	25 ft.	20 ft.	Deciduous	Moderate	No	Vase	Yes	Yes	Yes	Suitable under utility lines, spring blooms/fall color	Major Exception

(Ord. 1139, §2 (Exh. A, 10.100), adopted 2012)

§9229.10 REQUIRED PARKING LOT TREES

Table 24: Required Parking Lot Trees, identifies the tree species required to be planted in parking lots. Considerations for selection of the species to be planted include tree canopy size and type, drought tolerance, and tree height and spread, as well as site constraints, such as root confinement, overhead wires, and tree canopy restrictions.

A. Parking Lot Design Standards: The design requirements for parking lots are included in section 9228 of this code, Parking Standards and Procedures, Table 18: Open Parking Lot Design Standards.

B. Landscaping Standards: The landscaping standards that apply to all development are included in section 9225 of this code, Site and Building Development Standards, Table 10: Landscaping Standards for All Developments.

Table 24: Required Parking Lot Trees
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerance	Native (Yes/No)	Canopy Type	Suitable for			Characteristics	Modification to Standard
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerance	Native (Yes/No)	Canopy Type	Roots and Confined Spaces	Overhead Wires	Canopy and Confined Spaces	Characteristics	Modification to Standard

Chinese Elm Ulmus parvifolia ‘Dynasty’	40 ft.	40 ft.	Mostly evergreen	Moderate	No	Round	No	No	No	More rounded canopy than species. Needs training in youth	Minor Exception (1)(2)
Ginkgo Biloba ‘Autumn Gold’	50 ft.	35 ft.	Deciduous	Yes	No	Oval	Yes	No	No	Male selection, golden fall color	Minor Exception (1)(2)
London Sycamore Platanus acerfolia	50 ft.	40 ft.	Deciduous	Yes	No	Broadly pyramidal	Yes	No	No	Quick growth. Tolerates urban smog, dust, reflected heat	Minor Exception (1)(2)
Mulberry Morus alba ‘Kingan’ or ‘Fan-San’	30 ft.	45 ft.	Deciduous	Yes	No	Spreading	No	Moderate	No	Quick growth. Surface rooted	Minor Exception (1)(2)
Oak, Interior Live Quercus wislizenii	35 ft.	40 ft.	Evergreen	Yes	Yes	Round	Yes	No	No	Moderate growth rate. Long lived	Minor Exception (1)(2)
Oak, Red Quercus rubra	50 ft.	45 ft.	Deciduous	Moderate	No	Round	Yes	No	No	Quick growth. Great fall color	Minor Exception (1)(2)
1. Zoning Administrator approval of a minor exception is required to use a tree species from Table 25: Alternate Parking Lot Trees. 2. Planning Commission approval of a major exception is required for use of a tree species not included in Table 24 or Table 25.

(Ord. 1139, §2 (Exh. A, 10.110), adopted 2012)

§9229.11 ALTERNATE PARKING LOT TREES

Table 25: Alternate Parking Lot Trees, identifies the tree species that may be used as a substitute for the required parking lot trees identified in Table 24. A tree from Table 25 may be planted with approval of a minor exception from the Zoning Administrator when there are site constraints, project or landscaping design considerations, or other considerations that make a tree from Table 25 more appropriate for planting. In order to plant a tree species that is not included in Table 24 or Table 25, Planning Commission approval of a major exception is required.

A. Exception Review and Considerations: The request for an exception shall be reviewed by the Planning Department, Public Works Department and the Electric Utility Department. The exception application shall include the following information in addition to the information required by Table 29.

1. Why species from the required tree list cannot be planted;

2. Why the alternative species proposed is a preferred and appropriate substitute; and

3. Other information as determined by the decision making body or reviewing departments.

Table 25: Alternate Parking Lot Trees
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerance	Native (Yes/No)	Canopy Type	Suitable For			Characteristics	Modification to Standard
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerance	Native (Yes/No)	Canopy Type	Roots and Confined Spaces	Overhead Wires	Canopy and Confined Spaces	Characteristics	Modification to Standard

Camphor Tree Cinnamomum camphora	40 ft.	45 ft.	Evergreen	Yes	No	Round	No	No	No	Needs room for best appearance	Major Exception (1)
Common Hackberry Celtis occidentalis	45 ft.	35 ft.	Deciduous	Yes	No	Oval	Yes	No	No	Tolerates urban conditions	Major Exception (1)
Japanese Pagoda Tree Sophora japonica	40 ft.	40 ft.	Deciduous	Yes	No	Round	No	No	No	Midsummer yellow blooms	Major Exception (1)
Littleleaf Linden Tilia cordata ‘Greenspire’	40 ft.	30 ft.	Deciduous	Moderate	No	Pyramidal	Yes	No	Yes	Very uniform growth	Major Exception (1)
Madrone, Madrona Arbutus x ‘Marina’	40 ft.	35 ft.	Evergreen	Yes	No	Oval	No	No	No	Moderate growth rate. Best with root room	Major Exception (1)
Sawleaf Zelkova Zelkova serrata ‘Village Green’	40 ft.	40 ft.	Deciduous	Yes	No	Rounded vase	Yes	No	Moderate	Quick growth. Tolerates urban conditions	Major Exception (1)
1. Planning Commission approval of a major exception is required to use a species not included in Table 24 or Table 25.

(Ord. 1139, §2 (Exh. A, 10.120), adopted 2012)

§9229.12 REQUIRED RIPARIAN TREES

Table 26: Required Riparian Trees, identifies the tree species required to be planted in riparian areas. There is no alternate tree list for riparian areas. In order to plant a tree species that is not included in Table 26, Planning Commission approval of a major exception is required.

1. Why species from the required tree list cannot be planted;

2. Why the alternative species proposed is a preferred and appropriate substitute; and

3. Other information as determined by the decision making body or reviewing departments.

Table 26: Required Riparian Trees
Common Name Scientific Name	Average Height (feet)	Average Spread (feet)	Evergreen or Deciduous	Drought Tolerance	Native (Yes/No)	Canopy Type	Location Requirement	Modification to Standard

Arroyo Willow Salix lasiolepis	25 ft.	25 ft.	Deciduous	No	Yes	Round	Gibson Creek	Major Exception
Big Leaf Maple Acer macrophyllum	50 ft.	40 ft.	Deciduous	Moderate with deep soil	Yes	Spreading	Gibson Creek	Major Exception
Buckeye Aescukus californica	25 ft.	25 ft.	Deciduous	Yes	Yes	Round	Gibson Creek	Major Exception
California Bay Umbellularia, californica	30 ft.	30 ft.	Evergreen	Yes	Yes	Round	Gibson Creek	Major Exception
California Black Walnut Julgans californica hindsii	60 ft.	40 ft.	Deciduous	Yes	Yes	Spreading	Gibson Creek	Major Exception
Red Willow Salix laevigata	30 ft.	25 ft.	Deciduous	No	Yes	Round	Gibson Creek	Major Exception
Valley Oak Quercus lobata	70 ft.	70 ft.	Deciduous	Yes	Yes	Spreading	Gibson Creek	Major Exception
White Alder Alnus rhombifoloia	50 ft.	40 ft.	Deciduous	No	Yes	Fastigiate	Gibson Creek	Major Exception

(Ord. 1139, §2 (Exh. A, 10.130), adopted 2012)

§9230 CIRCULATION STANDARDS

§9230.1 PURPOSE

The purpose of section 9230 of this code is to create a circulation system that balances the needs of the pedestrian, bicyclist, and motorist by creating interconnected and pedestrian-oriented streets in an environment that accommodates a mix of commercial and residential uses, and facilitates a diverse, compact and walkable, urban environment. (Ord. 1139, §2 (Exh. A, 11.010), adopted 2012)

§9230.2 APPLICABILITY

Section 9230 of this code shall apply to the design and construction of a new or reconstructed street, alley, or pedestrian/bike path within the boundaries of this code. No grading or building permit shall be issued and no discretionary entitlement shall be approved unless the proposed construction complies with section 9230 of this code. (Ord. 1139, §2 (Exh. A, 11.020), adopted 2012)

§9230.3 CIRCULATION MAP

The Circulation Map (Figure 8) identifies the existing circulation system, extensions of existing streets, and locations of required and recommended pedestrian/bicycle paths. No new streets are shown on the Circulation Map; however, new streets may be required as part of a subdivision, site development, or site redevelopment in order to comply with the development standards and circulation requirements of this code. (Ord. 1139, §2 (Exh. A, 11.030), adopted 2012)

§9230.4 PRIMARY STREETS

All existing streets within the boundaries of this code are considered primary streets except the following: Oak Street from Clay Street to Henry Street and Standley Street from Main Street to Mason Street. Primary streets shall be held to the highest standards of this code in support of pedestrian activities. (Ord. 1139, §2 (Exh. A, 11.040), adopted 2012)

§9230.5 STREETS

Figure 8: Circulation Map, identifies existing streets, extensions of existing streets, and improvements to existing streets. Figures 10 through 14 are the required thoroughfare sections for this code.

A. Downtown Streetscape Improvement Plan: The Downtown Streetscape Improvement Plan approved by the City Council on July 1, 2009, includes new street sections for all of North State Street and Main Street and for portions of Henry Street, Smith Street, Standley Street, Perkins Street, Church Street, Stephenson Street, and Clay Streets located within the boundaries of this code. Any new development or redevelopment that requires frontage or street improvements shall be consistent with the Downtown Streetscape Improvement Plan.

B. New Streets: Any new street required as part of a subdivision, site development, or site redevelopment shall comply with one of the sections allowed within the boundaries of this code as shown in Figures 10 through 13. The appropriate street section will be determined as part of the development review process.

C. Street Extensions: The purpose of the street extensions is to extend throughout the boundaries of this code the grid pattern of smaller walkable blocks that currently exists in the downtown, comply with block perimeter standards included in Table 4: Site Development Standards, comply with the circulation and other requirements of this code, and to implement the purpose of this code included in section 9220 of this code.

1. Required Street Extensions: This code includes the required extensions of existing streets identified below. Compliance with block perimeter and other requirements of this code will be determined through the development review process.

a. Clay Street: Clay Street extended across the railroad tracks to connect to Leslie Street. The extension of Clay Street over the railroad tracks requires approval of the Public Utilities Commission (PUC). If the PUC does not approve the crossing of the railroad tracks, Clay Street would include two (2) separate segments: (1) Main Street to the railroad right-of-way which is an existing street that would be improved to include wide sidewalks, street trees, and bike lanes, and (2) an extension from the east side of the railroad right-of-way to connect with Leslie Street and align with Peach Street to create a four (4) way intersection.

b. Hospital Drive: Hospital Drive extended to the extension of Clay Street. The location and design of the extension of Hospital Drive shall take into consideration the preservation and enhancement of Gibson Creek.

2. Recommended Street Extension: This code includes the following recommended extensions of existing streets:

a. Church Street: Church Street extended from Main Street terminating at the railroad right-of-way. This street extension is recommended if the parcels across which Church Street would be extended are assembled and redeveloped. In order to comply with the minimum block perimeter standards, some form of circulation improvement may be required as part of a development proposal. Compliance with the block perimeter requirement shall be determined as part of the project review process.

b. Stephenson Street: Stephenson Street extended from Main Street terminating at the railroad right-of-way. This street extension is recommended if the parcels across which Stephenson Street would be extended are assembled and redeveloped. In order to comply with the minimum block perimeter standards, some form of circulation improvement may be required as part of a development proposal. Compliance with the block perimeter requirement shall be determined as part of the project review process.

D. Modifications to Existing Street Sections: Projects that require frontage improvements shall construct improvements consistent with one of the thoroughfare sections required for this code. The appropriate section shall be determined as part of the development review process. (Ord. 1139, §2 (Exh. A, 11.050), adopted 2012)

§9230.6 ALLEYS

New development and redevelopment are encouraged to provide access to their projects via rear alleys. In some circumstances, alley access may be required in order to comply with the applicable development standards, such as block perimeter, parking location, and frontage type, of the zoning district in which the project is located. The appropriate location for alleys will depend on the type and location of the development proposed and will be evaluated as part of the development review process. (Ord. 1139, §2 (Exh. A, 11.060), adopted 2012)

§9230.7 PEDESTRIAN/BIKE PATHS

Figure 8: Circulation Map, identifies the location of required and recommended pedestrian/bike paths.

A. Required Paths:

1. Gibson Creek Corridor: The required bike/pedestrian path shall be constructed as a Caltrans Class I path.

2. Railroad Corridor: The required bike/pedestrian path shall be constructed as a Caltrans Class I path.

3. Perkins Street at Pear Tree Center: One designated and dedicated pedestrian/bike path extending from Perkins Street into the Pear Tree Shopping Center as shown on Figure 8. The location shown in Figure 8 is approximate and every effort should be made to provide this access as part of a development application in the general area shown on the Circulation Map. The required path shall be constructed to the standards of a Caltrans Class I path.

B. Recommended Paths:

1. Block Perimeter: Caltrans Class I paths in lieu of construction of a thoroughfare may be proposed for areas that do not meet the block perimeter standards of this code. Consideration of a bike/pedestrian path in lieu of construction of a thoroughfare requires Planning Commission approval of a major exception.

2. Bike/Pedestrian Connections: Bike/pedestrian paths are recommended for areas that lack designated pedestrian/bike connections in order to provide the required circulation pattern, pedestrian orientation, and walkability.

C. Type of Path: All paths shall be constructed as Caltrans Class I paths where feasible. Modification to this standard requires approval of a major exception. (Ord. 1139, §2 (Exh. A, 11.070), adopted 2012)

§9230.8 GIBSON CREEK

Gibson Creek is located within the boundaries of this code and provides riparian and aquatic habitat that supports a variety of insects, amphibians, fish, and animals and serves as a water source and migration corridor for wildlife. New road or bridge construction should be designed to balance vehicular, bike, and pedestrian circulation with the community’s desire to enhance and preserve the creek and its riparian and aquatic habitat, and associated wildlife. New development adjacent to the creek shall dedicate right-of-way or provide an access easement of sufficient width to allow for adequate maintenance of the creek. (Ord. 1139, §2 (Exh. A, 11.080), adopted 2012)

§9230.9 EXCEPTION TO CIRCULATION DESIGN STANDARDS

Modifications to the circulation design standards required in section 9230 of this code may be allowed with Planning Commission approval of a major exception as part of its review of a specific subdivision or development proposal.

A. Findings Required: In order to approve an alternative design, the applicable findings required by Table 29 shall be made in addition to the following findings:

1. The alternative design maintains connections with all other streets that intersected the subject mode of circulation (e.g., street, alley, pedestrian path) in its original alignment; and

2. Pedestrian amenities, such as adequate sidewalk width and street trees, are provided. (Ord. 1139, §2 (Exh. A, 11.090), adopted 2012)

§9230.10 STREET IMPROVEMENT REQUIREMENTS

Each approved subdivision or other development project shall provide for their “fair share” construction of all portions of streets and pedestrian/bike paths shown on the Circulation Map or required by section 9230 of this code and shall be consistent with required alignments.

A. Exception to Required Alignment: The relocation of a required street or pedestrian/bike path alignment may be allowed with Planning Commission approval of a major exception as part of its review of a specific subdivision or development proposal.

B. Findings Required: In order to approve the alternative alignment, the applicable findings required by Table 29 shall be made in addition to the following findings:

1. The development complies with all of the standards of this code applicable to the original alignment (for example, urban standards, architectural standards, landscape standards, and thoroughfare standards).

2. The alternative alignment maintains connections with all other streets that intersected the subject mode of circulation in its original alignment.

3. The alternative alignment meets the block perimeter requirements of this code. (Ord. 1139, §2 (Exh. A, 11.100), adopted 2012)

§9230.11 SPECIAL DESIGNATIONS

The following special designations are shown on Figure 9: Special Designations Map. These designations are located in visually prominent areas within the boundaries of this code.

A. Required Storefront: Figure 9: Special Designations Map, identifies locations where storefront frontage types (shopfront and awning, gallery, arcade) are required.

B. Recommended Storefront: Figure 9: Special Designations Map, identifies locations where storefront frontage types (shopfront and awning, gallery, arcade) are recommended but not required.

C. Terminated Vistas: Building(s) located at a terminated vista are required to be sited, oriented and designed of an architectural character, craftsmanship, and materials befitting its visual prominence and in keeping with the architectural themes in downtown Ukiah.

D. Turret Element: Turret elements are strongly encouraged on new buildings located at specific places designated on Figure 9: Special Designations Map. The turret element shall be an integral and complementary part of the overall building and site design.

Figure 8: Circulation Map

Figure 9: Special Designations Map

Figure 10: Commercial Street with Parallel Parking and Bike Lanes

Figure 11: Commercial Street with Angled and Parallel Parking

Figure 12: Commercial Street with Parking

Figure 13: Street with Parallel Parking

Figure 14: Alley

(Ord. 1139, §2 (Exh. A, 11.110), adopted 2012)

§9231 ADMINISTRATION AND PROCEDURES

§9231.1 PURPOSE

The purpose of section 9231 of this code is to establish the permit requirements for projects within the boundaries of this code. (Ord. 1139, §2 (Exh. A, 12.010), adopted 2012)

§9231.2 APPLICABILITY

Section 9231 of this code shall apply to proposed development of parcels located within the boundaries of this code. (Ord. 1139, §2 (Exh. A, 12.020), adopted 2012)

§9231.3 SITE DEVELOPMENT PERMITS

Table 27 establishes the procedures for review and processing of site development permits. Table 27 establishes three (3) levels of site development permits based on the size of the project.

A. Purpose: Site development permit procedures are intended to focus on design issues and solutions that will have the greatest effect on community character and to encourage innovative design solutions and quality design. The purposes of this section are to:

1. Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community.

2. Ensure that new uses and structures enhance their sites with high standards of improvement and are compatible with surrounding neighborhoods.

3. Protect the increasing values, standards, and importance of land and development in the community.

4. Retain and strengthen the visual quality of the community.

5. Assist project developers in understanding the public’s concerns for the aesthetics of development.

6. Ensure that development complies with all applicable City standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B. Design Criteria: Design criteria have been established to provide guidance in the design and development of projects. The following criteria shall be considered in reviewing a site development permit application and establishing conditions for the project.

1. Site layout, buffers, and setback distances and physical relationship of structures and uses on the site and to surrounding topography, natural resources, uses, and structures.

2. Protection, preservation, and integration of historic, cultural and scenic resources and orientation to natural site amenities and scenic views.

3. Incorporation of low impact development (LID) design principles into the design of new development, redevelopment, and the expansion or modification of existing development, including parking, access and circulation areas where feasible.

4. Site access, including pedestrian, bicycle, parking for vehicles and bicycles, and loading areas, and on-site and off-site traffic and pedestrian circulation.

5. Integration of the site into the pedestrian and traffic circulation system, including off-site improvements and opportunities for connections to adjoining streets, parks, open space, community facilities and commercial areas.

6. Height, bulk, and area of buildings and the overall mass and scale of the project in relation to the site characteristics, neighborhood, and surrounding land uses.

7. Landscape elements that integrate opportunities for outdoor use areas and adequate shading of pavement and windows.

8. Articulation in building facades, exterior architectural design details, quality of materials, variation of textures, and harmony of colors.

9. Articulation in rooflines and the type and pitch of roofs and/or mechanical screening and overhangs for proper shading and solar access to windows.

10. Location, size, and spacing of windows, doors, and other openings and orientation for passive solar heating and cooling and provision of awnings, enclosures, and overhangs for entryways.

11. Location and orientation of windows, doorways, and outdoor use areas and the potential for heat, glare, odors, noise, or other disturbances from on-site or off-site sources (i.e., direct sun from west exposures, outdoor lighting, food services areas, recycling and refuse areas, mechanical equipment, roadways, railroads, aircraft overflight, etc.).

12. Location of towers, chimneys, roof structures, flagpoles, radio, telecommunications and television masts/poles or other projections.

13. Use of durable, quality materials and provisions for long-term maintenance including identification of responsible party and funding source for public improvements and open space areas.

14. Location, design, access, and visual screening for recycling and refuse disposal areas and utility installations.

15. Location, design, and standards of all exterior illumination, including parking lot and sign lighting.

16. Signage including the size, type, location, material quality, durability, textures, height, color, light intensity, and integration into the building and street design, and the potential for distraction of traffic and/or obstruction of other signs, access ways, and sight visibility areas.

C. Findings: The review authority may approve a site development permit application only after first finding that:

1. The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this code.

2. Design: The design of the proposed project is consistent with the architectural standards of this code and compatible with the character of the neighborhood; will maintain the community’s character, provide for harmonious and orderly development, and create a desirable environment for the occupants, neighbors, and visiting public; includes the appropriate use of materials, texture, and color, which will remain aesthetically appealing and appropriately maintained; and the location and orientation of windows, doorways, and outdoor use areas reduce the potential for heat, glare, noise, or other disturbance from on-site or off-site sources. The neighborhood compatibility part of this finding does not apply if it would render the project inconsistent with the architectural requirements of the zoning district in which the project is located.

3. Siting: The siting of the structure(s) on the parcel is compatible with the siting of other structures in the immediate neighborhood. This finding does not apply if the resulting setbacks are inconsistent with the requirements of the zoning district in which the parcel is located.

4. Ingress, Egress, Circulation, Parking: The project provides adequate ingress, egress, parking for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery vehicles designed to promote safety and convenience and to conform to City standards and will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. Low impact development (LID) design has been incorporated into the project where feasible.

5. Landscaping: The landscaping for the project provides opportunities for shading west and south facing windows and outdoor use areas, utilizes native and drought tolerant species, is in keeping with the character and design of the project, and consistent with requirements of this code and City standards.

6. Resource Protection: The proposed project will not excessively damage or destroy resources or natural features, including cultural and historic resources, trees, shrubs, creeks, and the natural grade of the site.

7. Health, Safety, Welfare: The proposed project would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the immediate vicinity; and will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area. (Ord. 1139, §2 (Exh. A, 12.030), adopted 2012)

§9231.4 USE PERMITS

Table 28 establishes the procedures for the review and processing of use permits. Table 28 establishes two (2) levels of review for use permits, minor use permit and major use permit. (Ord. 1139, §2 (Exh. A, 12.040), adopted 2012)

§9231.5 EXCEPTIONS

Where this code allows specific requirements to be modified, such modification may be allowed with approval of an exception. Table 29: Exception Procedures, establishes two (2) levels of exceptions, major and minor, and the procedures for the review and processing of exceptions. (Ord. 1139, §2 (Exh. A, 12.050), adopted 2012)

§9231.6 SUBDIVISIONS

Subdivisions shall comply with the requirements of Chapter 1 of this division. (Ord. 1139, §2 (Exh. A, 12.060), adopted 2012)

§9231.7 VARIANCE

Variances are prohibited within the boundaries of this code. Deviations from the requirements of this code are allowed through an exception as provided for in section 9231.5 of this code. (Ord. 1139, §2 (Exh. A, 12.070), adopted 2012)

§9231.8 PLANNED DEVELOPMENTS

Planned developments are prohibited within the boundaries of this code. Modifications to the standards required by this code are allowed through approval of an exception(s) as provided in section 9231.5 of this code. (Ord. 1139, §2 (Exh. A, 12.080), adopted 2012)

§9231.9 AMENDMENT

The boundaries or provisions of this code, including the Zoning Map, Circulation Map, and Special Designations Map, may be amended as prescribed in section 9265 of this code; provided, that all regulations and zoning designations applied within the boundaries of this code incorporate transect-based design and block perimeters with appropriate transitions to abutting areas. (Ord. 1139, §2 (Exh. A, 12.090), adopted 2012)

§9231.10 CONCURRENT PERMITS

When more than one permit (such as site development, use permit, exception) is required for the same project, all permits shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code. (Ord. 1139, §2 (Exh. A, 12.100), adopted 2012)

§9231.11 CALCULATIONS – ROUNDING

Where provisions of this code require calculations to determine applicable requirements, any fractional results of the calculations shall be rounded as required by the following:

A. Residential Density, Minimum Lot Area, and Number of Lots: The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number.

B. All Other Calculations: For all calculations required by this zoning code other than those described in subsection A of this section, the fraction/decimal results of the calculations shall be rounded to the next highest whole number when the fractional/decimal is 0.5 or more, and to the next lowest whole number when the fraction/decimal is less than 0.5. (Ord. 1139, §2 (Exh. A, 12.110), adopted 2012)

§9231.12 NONCONFORMING USES, STRUCTURES AND PARCELS

A. Purpose: This section provides regulations for nonconforming uses, structures, and parcels that were lawful before adoption or amendment of this code, but which would be prohibited, regulated or restricted differently under the current terms of this code or future amendments.

B. Intent: It is the intent of this section to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions of this section.

C. Detrimental to Orderly Development: The continuance of a nonconforming use or structure is generally detrimental to the orderly development of the area within the boundaries of this code and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of the nonconformity.

D. Illegal Use or Structure: Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this zoning code is not a nonconforming use or structure, and the use or structure is in violation of this code. (Ord. 1139, §2 (Exh. A, 12.120), adopted 2012)

§9231.13 NONCONFORMING USES

A. Continued, Transferred, or Sold: Nonconforming uses may be continued, transferred, or sold, but only in compliance with the provisions of this section.

B. Replacing Nonconforming Uses with Similar Uses:

1. A nonconforming use may be changed to another nonconforming use of a similar or more restricted classification or nature; provided, the proposed new nonconforming use would not increase the degree or intensity of nonconformity.

2. The replacement nonconforming use shall serve as the “new bench mark” in terms of establishing the acceptable level of nonconformity.

3. Where a nonconforming use is changed to another nonconforming use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification.

C. Enlargement or Expansion of Use Not Allowed:

1. Nonconforming Use of Land without Structures:

a. A nonconforming use of land which does not involve any structure except accessory structures shall not be enlarged or expanded in size or capacity or extended to occupy a greater area, or increased in intensity without Planning Commission approval of a major use permit.

b. A nonconforming use of land which does not involve any structure except accessory structures shall not be relocated, extended, or expanded into a structure constructed on the parcel without Planning Commission approval of a major use permit.

c. “Accessory structures” as used in this subsection include driveways, fences, parking areas, signs, walls, or minor structures less than four hundred (400) square feet in area.

2. Nonconforming Use of Land with Structures: Changes to a nonconforming use of a structure by enlargement, extension, reconstruction, or relocation within the structure, or an addition to the structure, or the construction of a new structure shall not be allowed without Planning Commission approval of a major use permit.

3. Findings: In approving a major use permit, the Planning Commission shall make the following findings in addition to the findings required by subsection 9262E of this code:

a. The enlargement, expansion, extension, or increase would not increase the detrimental effects of the nonconformity; and

b. The structure complies with the development standards of the zoning district in which the structure is located.

4. Site Development Permit: If a site development permit is required, the site development permit is subject to Planning Commission approval and shall be reviewed in conjunction with the major use permit.

D. Loss of Nonconforming Status:

1. If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued for a continuous period of at least six (6) months, the rights to legal nonconforming status shall terminate.

2. The nonconforming use shall not be resumed once the use has been terminated for at least six (6) months.

3. The Planning Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation.

4. Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code. (Ord. 1139, §2 (Exh. A, 12.130), adopted 2012)

§9231.14 NONCONFORMING STRUCTURES

A. Continued, Transferred, or Sold: Nonconforming structures may be continued, transferred, or sold, but only in compliance with the provisions of this section.

B. Nonconforming Structures and Involuntary Damage: Nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) or natural disaster (e.g., earthquake, etc.); provided, that the structure may be repaired or reoccupied in the following manner:

1. Damage Up to Fifty Percent (50%) of Market Value: A nonconforming structure involuntarily damaged up to fifty percent (50%) of its current market value (as defined by subsection D of this section) may be reconstructed, repaired, restored, and used as before; provided, that the restoration is initiated (as defined in subsection D of this section) within twelve (12) months, and is substantially completed within twenty-four (24) months from the date of application for the required building permit.

a. Process for Reconstruction, Repair, Restoration:

(1) The applicant provides documentation, satisfactory to the Planning Director, supporting the claim that the damage or destruction occurred involuntarily;

(2) No expansion of the gross floor area or number of dwelling units occurs;

(3) The replacement structure is in compliance with the current building code and would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure;

(4) A building permit is issued no later than twelve (12) months after the date of the destruction, and construction is diligently pursued to completion.

If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required building permit.

2. Damage to Fifty Percent (50%) or More of Market Value: A nonconforming structure involuntarily damaged to fifty percent (50%) or more of its current market value (as defined in subsection D of this section) shall not be reconstructed, repaired, or restored, except in conformity with the applicable requirements of the applicable zoning district.

C. Nonconforming Structures and Voluntary Repair and Maintenance: The ordinary and normal repair and maintenance work that may be required to keep a nonconforming structure in sound condition may be made in compliance with this subsection. A nonconforming structure may undergo ordinary repair and maintenance only in the following manner:

1. Minor Repair: Minor normal repair and maintenance may be made to a nonconforming structure:

a. Provided, that no structural alterations are made (exception: see section 9231.16 of this code), and the work does not exceed fifty percent (50%) of the current market value of the structure during any calendar year;

b. For the purposes of this subsection the cost of any required foundation work shall not be counted within the fifty percent (50%) limitation.

2. Major Repair: Major repair to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds fifty percent (50%) of the current market value of the structure before damage or destruction, may occur with Planning Commission approval of a major use permit; provided, that the Commission first determines that the major repairs are necessary to correct hazards to public health or safety.

3. Other Voluntary Modifications: The reconstruction or structural alteration of a nonconforming structure may be allowed with Zoning Administrator approval of a minor use permit; provided, that the review authority first determines that the modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and only in compliance with subsections C1 and C2 of this section.

D. Definitions:

1. Restoration Is Initiated: As used in this subsection, “restoration is initiated” requires that, at a minimum, a complete building permit application has been filed.

2. Current Market Value:

a. As used in this subsection, “current market value” is the market value of the structure immediately before the occurrence of the damage.

b. For the purposes of administering the provisions of this subsection, the applicant shall submit an appraisal from a licensed appraiser and the City’s Building Official shall verify the appraiser’s determination of the current market value of the damaged structure, which determination shall be final unless appealed in compliance with section 9266 of this code. (Ord. 1139, §2 (Exh. A, 12.140), adopted 2012)

§9231.15 NONCONFORMING PARCELS

A. Legal Building Site: A nonconforming parcel that does not comply with the applicable area or width requirements of this zoning code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Planning Director by evidence furnished by the applicant:

1. Approved Subdivision: The parcel was created by a recorded subdivision;

2. Individual Parcel Legally Created by Deed: The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;

3. Variance or Lot Line Adjustment: The parcel was approved through the variance procedure or resulted from a lot line adjustment;

4. Partial Government Acquisition: The parcel was created in compliance with the provisions of this zoning code, but was made nonconforming when a portion was acquired by a government entity so that the parcel size is decreased not more than twenty percent (20%) and the yard facing the public right-of-way was decreased by not more than fifty percent (50%); or

5. Certificate of Compliance: A certificate of compliance has been issued, verifying that the parcel complies with the applicable provisions of the City’s subdivision ordinance and the California Subdivision Map Act.

B. Subdivision or Lot Line Adjustment of a Nonconforming Parcel: No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. 1139, §2 (Exh. A, 12.150), adopted 2012)

§9231.16 EXEMPTIONS

A. Seismic Retrofitting and Building Code Compliance: Alterations, reconstruction, or repairs otherwise required by law (e.g., City adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.

B. Nonconforming upon Annexation: Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the City, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed nonconforming uses or structures or both, and shall, upon annexation, be subject to the provisions of sections 9231.13, 9231.14, 9231.15 and this section.

C. Nonconforming Due to Lack of a Use Permit:

1. Conformity of Uses Requiring Use Permits: A use lawfully existing without a use permit that would be required by this code to have use permit approval, in compliance with section 9262 of this code, shall be deemed conforming, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, operating characteristics, etc.).

2. Previous Use Permit in Effect: A use that was authorized by a use permit but is not allowed in its current location by this code may continue, but only in compliance with the original use permit.

D. Previous Permits: A use or structure which does not conform to the current regulations of the subject zoning district, but for which a building permit, or a permit or entitlement approved in compliance with the zoning code, was issued and exercised before the applicability of this code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this section.

E. Public Utilities: The provisions of this section concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells, pumps, etc.); nor shall any provision of this section be construed to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features that are used for direct delivery of or distribution of the service.

F. Public Acquisition:

1. Nonconforming Due to Public Acquisition: Whenever any structure or parcel is rendered nonconforming within the meaning of this section by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming with the meaning of this section.

2. Required Reconstruction, Remodeling, or Repair: Any required reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided all reconstruction, remodeling, or repair work shall be substantially completed within twelve (12) months from the date of the application for the required building permit. (Ord. 1139, §2 (Exh. A, 12.160), adopted 2012)

§9231.17 UNLAWFUL USES AND STRUCTURES

Uses and structures that did not comply with the applicable provisions of this zoning code or prior planning and zoning regulations when established are violations of this zoning code and are subject to the provisions of Chapter 2, Article 22 of this division. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this zoning code and the City Code are first obtained.

Table 27: Site Development Permit Procedures (1)
Tiers	Tier 1	Tier 2	Tier 3

Permit Type	Site Development Permit Building Permit Required (2)	Minor Site Development Permit (Minor SDP)	Major Site Development Permit (Major SDP)
Project Type	New construction and additions up to 1,000 sf Minor exterior facade modifications Similar projects as determined by the Planning Director No exception is required or requested for the project	New construction and additions 1,000 – 15,000 sf Less than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) Up to 2 minor exceptions Similar projects as determined by the Planning Director No major exception is required or requested for the project	New construction and additions over 15,000 sf More than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) New condominiums New drive-through facilities More than 2 minor exceptions All major exceptions Similar projects as determined by the Planning Director Site development permits as determined by the Zoning Administrator (3)
Application and Filing Submittal Requirements	Building permit Filing fees Site plan, elevations, floor plans Additional information as determined by the Planning Director	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director
Review Authority	Community Development and Planning Department	Design Review Board recommendation to Zoning Administrator	Design Review Board recommendation to Planning Commission
Approval Authority	Community Development and Planning Department	Zoning Administrator (4)	Planning Commission (4)
Public Notice	Processed as a building permit No public notice provided	As prescribed by subsection 9263C of this code	As prescribed by subsection 9263C of this code
Findings for Grant of Permit (5)	Building permit plans must be consistent with all applicable requirements No findings required	As prescribed by subsection 9231.3C of this code	As prescribed by subsection 9231.3C of this code
Conditions of Approval	Not applicable	As prescribed by subsection 9263F of this code	As prescribed by subsection 9263F of this code
Appeal	Not applicable	As prescribed by section 9266 of this code	As prescribed by section 9266 of this code
Effective Date	Date of building permit issuance	As prescribed by subsection 9263G of this code	As prescribed by subsection 9263G of this code
Expiration/Revocation	6 months of no activity (from the date of last inspection)	As prescribed by subsection 9263H of this code	As prescribed by subsection 9263H of this code
Renewal	Payment of renewal fee as established by City Council and process as determined by the Building Official	As prescribed by subsection 9263I of this code	As prescribed by subsection 9263I of this code
California Environmental Quality Act (CEQA)	Exempt	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Building permit plans and submittal information must be consistent with all applicable standards of this code. 3. The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision. 4. Any site development permit reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. 5. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not 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.

Table 28: Use Permit Procedures (1)
Permit Type	Minor Use Permit	Major Use Permit
Project Type	Minor use permits (MIUP) as identified in Table 3: Allowed Uses and Permit Requirements Expansion of more than 150 and less than 1,000 square feet to an existing use permit Minor amendment to an existing use permit Change in use of an existing structure(s) that does not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances	Major uses (MAUP) as identified in Table 3: Allowed Uses and Permit Requirements Expansion of 1,000 square feet or more to an existing use permit Major amendment to an existing use permit Conversion of existing rental housing to condominium At the discretion of the Planning Director, any use permit may be scheduled for consideration and decision making by the Planning Commission (subsection 9262D5 of this code)
Application and Filing Submittal Requirements	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director
Approval Authority (2)	Zoning Administrator (1)	Planning Commission
Public Notice	As prescribed by subsection 9262C of this code	As prescribed by subsection 9262C of this code
Findings for Grant of Permit (3)	As prescribed by subsection 9262E of this code	As prescribed by subsection 9262E of this code
Conditions of Approval	As prescribed by subsection 9262F of this code	As prescribed by subsection 9262F of this code
Appeal	As prescribed by subsection 9262D2 of this code	As prescribed by subsection 9262D4 of this code
Effective Date	As prescribed by subsection 9262G of this code	As prescribed by subsection 9262G of this code
Expiration/Revocation	As prescribed by subsection 9262H of this code	As prescribed by subsection 9262H of this code
Renewal	As prescribed by subsection 9262I of this code	As prescribed by subsection 9262I of this code
California Environmental Quality Act (CEQA)	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Any use permit application reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved or denied. 3. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not 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 decison maker’s conclusions and shall be based upon evidence contained in the administrative record.

Table 29: Exception Procedures (1)
Permit Type	Minor Exception	Major Exception
Type	Two (2) or fewer minor exceptions	More than two (2) minor exceptions Exceptions as determined by the Zoning Administrator (5)
Application and Filing Submittal Requirements (2)	Planning permit application form Application fees Detailed plot plan of the subject property and surrounding land uses Elevation drawings Other information deemed necessary by the Planning Director	Planning permit application form Application fees Detailed plot plan of the subject property and surrounding land uses Elevation drawings Other information deemed necessary by the Planning Director
Approval Authority (3)	Zoning Administrator (1)	Planning Commission
Public Notice	As prescribed by subsection 9264B of this code	As prescribed by subsection 9264B of this code
Findings for Grant of Permit (4)	The request is consistent with the intent of this code and the Ukiah General Plan The project is compatible with the neighborhood and design intent of this code The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another The project provides adequate and appropriate pedestrian facilities and connections The project would not impair the desirability of investment, employment, or residence in the neighborhood The project is not detrimental to the public’s health, safety and general welfare Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas)	The request is consistent with the intent of this code and the Ukiah General Plan The project is compatible with the neighborhood and design intent of this code The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another The project provides adequate and appropriate pedestrian facilities and connections The project would not impair the desirability of investment, employment, or residence in the neighborhood The project is not detrimental to the public’s health, safety and general welfare Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas)
Appeal	As prescribed by section 9266 of this code	As prescribed by section 9266 of this code
Effective Date	As prescribed by subsection 9264F of this code	As prescribed by subsection 9264F of this code
Expiration/Revocation	As prescribed by subsection 9264G of this code	As prescribed by subsection 9264G of this code
Renewal	As prescribed by subsection 9264H of this code	As prescribed by subsection 9264H of this code
California Environmental Quality Act (CEQA)	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Submittal requirements for an exception depend on the standard (building, site, architectural, tree) from which the exception is requested. 3. Any exception application reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. 4. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap. 5. The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision.

(Ord. 1139, §2 (Exh. A, 12.180), adopted 2012)

§9232 GLOSSARY

§9232.1 PURPOSE

Section 9232 of this code defines and contains regulatory language that is integral to this article regarding terms used in this code. (Ord. 1139, §2 (Exh. A, 13.010), adopted 2012)

§9232.2 RULES FOR CONSTRUCTION OF LANGUAGE

The following rules of construction shall apply:

A. The specific shall control the general.

B. The word “shall” is mandatory and not discretionary.

C. In the case of a difference in meaning or implication between the text of any provision and any caption or illustration, the text shall control.

D. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

E. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1. “And” indicates that all connected items or provisions shall apply.

2. “Or” indicates that all connected items or provision may apply singly or in any combination.

3. “Either ... or” indicates that the connected items or provisions shall apply singly but not in combination.

F. The word “uses” shall include arranged, designed, constructed, altered, converted, rented, leased, or occupied.

G. All references to departments, commissions, boards, or other public agencies pertain to those of the City of Ukiah, unless otherwise indicated.

H. All references to public officials pertain to those of the City of Ukiah and include designate deputies of such officials, unless otherwise indicated.

I. All references to days pertain to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.

J. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (Ord. 1139, §2 (Exh. A, 13.020), adopted 2012)

§9232.3 DEFINITIONS

For the purpose of this article, the phrases and terms herein shall have the following meanings:

A. Definitions “A”:

ACCESSORY BUILDING: A building subordinate to the principal (primary) building on the same parcel and serving a purpose clearly incidental to an allowed principal use of the parcel or of the building.

ACCESSORY USE: A use typically associated with and subordinate to a principal use established on the same parcel, which does not alter the principal use or serve property other than the parcel where the principal use is located.

ADULT CABARET: A nightclub, theater, or other establishment which features live performances by dancers, “go-go” dancers, exotic dancers, strippers, mud or oil wrestling, or other similar entertainers where such performances are distinguished by an emphasis on specified sexual activities or anatomical areas, whether covered or not.

ADULT ENTERTAINMENT BUSINESS: Any business operated at a fixed location by any name, which specializes in sales, service or showings that appeal to prurient interests, sexual appetites, fantasies and curiosities, including but not limited to: the sale of sexually oriented and adult-restricted books, magazines, videotapes, or other devices; the showing of sexually oriented and adult-restricted movies and videos; and the live performance of actual, simulated or suggested sexual activities.

AGRICULTURE EQUIPMENT SALES OR RENTAL: A business engaged in the sale or rental of equipment, materials, supplies and tools to serve farming, ranching or timber interests and businesses. May also include the servicing and repair of equipment.

ALCOHOLIC BEVERAGE SALES: The retail sales of beer, wine, and/or other alcoholic beverages for off-premises consumption.

ALLEY: A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage that is not intended for general traffic circulation (see Figure 14).

ARCADE: A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at the sidewalk level remains at the frontage lines (see Table 8: Private Frontage Types).

ARTISAN/CRAFT PRODUCT MANUFACTURING: An establishment manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and crafts products.

ARTISAN SHOP: A retail store selling handcrafted items, such as art glass, ceramics, or jewelry, where the facility includes an area for the crafting of the items sold.

AUTO-ORIENTED USE: Land uses and buildings where the design is auto-dominated or focused on a common mall or parking lot rather than on a public street. Examples include shopping centers or malls, drive-through, and drive-up uses.

AWNING: A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade (see Table 8: Private Frontage Types).

B. Definitions “B”:

BALCONY: An elevated platform projecting from the wall of a building and enclosed by a railing or a parapet (see Figures 5 through 8).

BALCONY, FRENCH: A shallow balcony, almost flush with a facade, accessed by a single pair of inward-swinging doors, which does not interrupt the spatially defining character of facades. French balconies visually transform the adjacent interior room into an outdoor space.

BAR: See section 9278 of this code, Definitions.

BED AND BREAKFAST: Any building or establishment or portion thereof providing guest bedrooms for a lodging fee, which may include meal service in a common dining area, and which do not include cooking facilities in the guest bedroom.

BLOCK: The aggregate of private lots, passages, and alleys bounded by the block perimeter. See also “Block Perimeter.”

BLOCK FACE: The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony.

BLOCK PERIMETER: The circumference of a block in lineal feet as measured along the back of the sidewalk.

BUILDING HEIGHT: The vertical extent of a building measured by the number of stories, excluding a raised basement. Height is measured to the eave of a sloped roof, excluding the roof above the eave, or the surface of a flat roof, excluding the parapet above the surface of the roof. Each story shall not exceed fourteen feet (14') clear. Building heights may be superseded by the Ukiah Airport Master Plan height restrictions (see Figures 2A and 2B).

BUILDING SITING: The placement of a building on its lot (see Figures 3A through 3C).

BUILDING TYPE: A structure category determined by siting on the lot and configuration including frontage and height (see Table 5: Building Types).

BUILDING USE: See “Use.”

BUSINESS SUPPORT SERVICES: An establishment within a building that provides services to other businesses. Examples of these include copying and quick printing services, blueprinting, computer rental and repair, retail film processing and photo finishing, and security system services.

C. Definitions “C”:

CARPORT: An attached or detached structure enclosed on no more than two (2) sides used as noncommercial parking and shelter for automobiles or other vehicles and where the size of the parking space complies with the minimum size for standard parking stalls.

CERTIFIED ARBORIST: An arborist that possess a current certified arborist certificate from the International Society of Arboriculture and that is a current member of the American Society of Consulting Arborists.

CHAPEL: See section 9278 of this code, Definitions.

CHILD DAYCARE: A facility that provides nonmedical care and supervision of minor children for periods of less than twenty-four (24) hours. These facilities include all of the following, all of which are required to be licensed by the California State Department of Social Services:

1. Child Daycare Center: Commercial or nonprofit child daycare facilities designed and approved to accommodate fifteen (15) or more children. Includes infant centers, preschools, sick-child centers and school-age daycare facilities. These may be in conjunction with a school or church facility, or as an independent land use.

2. Large Family Daycare Home: A daycare facility located in a single-family residence where an occupant of the residence provides care and supervision of seven (7) to fourteen (14) children. Children under the age of ten (10) years who reside in the home count as children served by the daycare facility.

3. Small Family Daycare Home: A daycare facility located in a single-family residence where an occupant of the residence provides care and supervision of eight (8) or fewer children. Children under the age of ten (10) years who reside in the home count as children served by the daycare facility.

CHURCH: See section 9278 of this code, Definitions.

CIVIC BUILDING: A building designed specifically for a civic use. The specifics of building design shall be determined through the permit process. Civic buildings are subject to the requirements of this code, including but not limited to allowed uses, development standards and architectural standards.

CIVIC SPACE: An outdoor area dedicated for public use. Civic space types are defined by the relationship among certain physical elements, such as their intended use, size, landscaping, and buildings along the frontage line (see Table 2: Civic Spaces).

CIVIC USE: Activities, uses, buildings, spaces or sites operated, owned, or conducted by public or nonprofit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking.

CLOTHING AND FABRIC PRODUCT MANUFACTURING: An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory (see “Personal Services”).

COCKTAIL LOUNGE: See section 9278 of this code, Definitions.

COMMERCIAL RECREATION – INDOOR: Establishments providing indoor amusement and entertainment for a fee or admission charge, including:

bowling alleys	ice skating, roller rink
coin/token-operated amusement arcades	online gaming, cyber cafe
dance hall, club, ballroom	pool and billiard rooms as a primary use
electronic game arcades

COMMERCIAL USE: The term collectively defining office, retail, and service uses.

COMMUNITY CARE FACILITY – SEVEN (7) TO TWELVE (12) CLIENTS: As defined by California Health and Safety Code.

COMMUNITY CARE FACILITY – SIX (6) OR FEWER CLIENTS: As defined by California Health and Safety Code.

COMMUNITY GARDEN: An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or nonfood, ornamental crops, such as flowers primarily for personal or group use, consumption or donation. Community gardens may be divided into individual plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include areas maintained and used by group members. May also include occasional educational or promotional events related to garden activities.

CONDOMINIUM: An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a commercial or residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of a project.

CONFERENCE, CONVENTION, OR EXHIBITION FACILITY: One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms and related support facilities (e.g., kitchens, offices, etc.).

CONTEXT: Surroundings made up of the particular combination of elements that create a specific setting.

CONVALESCENT SERVICES: See section 9278 of this code, Definitions.

CONVENIENCE STORE: See “General Retail.”

CORRIDOR: A lineal geographic system incorporating transportation and/or greenways. A transportation corridor may form the boundary of an urban transect zone.

COURTYARD BUILDING: A building that occupies the boundaries of its lot while internally defining one or more private patio areas (see Table 5: Building Types, and Figure 3C).

D. Definitions “D”:

DRIVE-THROUGH: A facility where food and other products may be purchased or services may be obtained by motorists without leaving their vehicle. Examples of these include fast food restaurants, drive-through coffee, pharmacies, drive-through teller windows and automatic teller machines (ATMs). Does not include fueling stations/gas stations or other vehicle services which are separately defined.

DWELLING, DUPLEX: See “Dwelling, Multiple.”

DWELLING, MULTIPLE: A building designed or used exclusively as a residence including two (2) or more separate dwelling units. This definition includes but is not limited to duplexes, triplexes, apartments, and condominiums under a common ownership. See also “Mixed-Use.”

DWELLING, SECOND UNIT: See section 9278 of this code, Definitions.

DWELLING, SINGLE HOUSEHOLD: A freestanding building designed for and/or occupied by one household.

DWELLING, SINGLE ROOM OCCUPANCY: A living space with a minimum of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet restricted to occupancy by no more than two (2) persons. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

DWELLING UNIT: A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

E. Definitions “E”:

EAVE: The part of the roof that extends over the exterior wall.

EDGE YARD BUILDING: A building that occupies the center of its lot with setbacks on all sides (see Table 5: Building Types).

ELECTRIC VEHICLE CHARGING STATION: Facilities for the charging of electric vehicles. This use is typically accessory to another use located on the same parcel. For example, providing a charging station(s) in a public parking lot or a parking lot that serves a business located on the same parcel.

ELEVATION: An exterior wall of a building that is not located along a frontage line.

ENTRANCE, PRINCIPAL: See “Principal Entrance.”

EQUIPMENT RENTAL: A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined.

EXCEPTION: A ruling that would permit a practice that is not consistent with a standard of this code. This code distinguishes between major and minor exceptions (see section 9231.5 of this code, Exceptions, and Table 29: Exception Procedures).

EXPRESSION LINES: Architectural accents on a building facade between the ground floor commercial and the floors above, designed so that the retail level acts as a base for the floors above. The retail/commercial floor is typically more detailed than the floors above (see Figures 5 and 7).

F. Definitions “F”:

FACADE: The exterior wall of a building that is set along a frontage line. See “Frontage Line.”

FARMERS MARKET – CERTIFIED: A market where the items sold by the vendor are produced by the vendor selling the items.

FEED STORE AND FARM SUPPLY: A retail business selling supplies for the keeping and raising of farm or domestic animals, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of “Agricultural Equipment Sales or Rental.”

FINANCIAL SERVICES: See section 9278 of this code, Definitions.

FIRE STATION: See section 9278 of this code, Definitions.

FITNESS/HEALTH FACILITY: A fitness center, gymnasium, health and athletic club, which may include any of the following: spa and/or hot tub facilities, indoor tennis, handball, racquetball, archery and shooting ranges, and other indoor sports activities. Does not include “Adult Entertainment Business” or “Adult Cabaret,” which are separately defined.

FRONTAGE: The privately held layer in front of the building facade. The elements of building and landscape that are within a frontage are held to specific standards. The frontage layer may overlap the public layer in the case of awnings, galleries, and arcades. A lot may have multiple frontages. Also referred to as “Private Frontage” (see Table 8).

FRONTAGE LINE: Any lot line, back of sidewalk line, or easement line that abuts a public open space or a thoroughfare that is not an alley.

FRONTAGE, PRIVATE: See “Frontage.”

FRONTAGE, PUBLIC: The area between a lot line and the thoroughfare or public open space (see Table 8).

FUELING/GAS STATION: A retail business selling gasoline or other motor vehicle fuels and related products. A fueling station may also include a convenience store, restaurant facility (without a drive-through window), and/or carwash as accessory uses. This use does not include charging stations for electric vehicles. See also “Electric Vehicle Charging Station.”

FURNITURE, FURNISHINGS, AND APPLIANCE STORE: A retail store that primarily sells the following products and related services, which may also include incidental repair services:

home furnishings	outdoor furniture
home sound systems	refrigerators and stoves
interior decorating materials and services	televisions
other household electrical and gas appliances

G. Definitions “G”:

GARAGE: A completely enclosed attached or detached structure with an operational door used as noncommercial parking and shelter for automobiles or other vehicles and where the size of the parking space complies with the minimum size for standard parking stalls.

GENERAL RETAIL: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:

antique stores	hobby materials
art galleries – retail	jewelry
artists’ supplies	luggage and leather goods
auction rooms	musical instruments, parts and accessories
bicycles	orthopedic supplies
books, magazines, newspapers	religious goods
clothing, shoes, and accessories	small wares
collectibles	specialty shops
convenience stores, mini-markets	sporting goods and equipment
department stores	stationery
feed store and farm supply

Does not include accessory retail uses which are allowed accessory to all other related commercial uses – the retail sale of various products within a health care, hotel, or office to employees or customers which are allowed accessory to the primary use of the site. Examples of accessory retail uses include pharmacies, gift shops, and food service establishments at hospitals; and convenience stores and food service establishments within hotel, office, and industrial complexes.

GREEN: See Table 2: Civic Spaces.

GROCERY, SPECIALTY FOOD STORE: A retail business where the majority of the floor area that is open to the public is occupied by food products packaged for preparation and consumption away from the store.

H. Definitions “H”:

HOME OCCUPATION: See section 9224.4 of this code.

HOMELESS FACILITY: 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.

LARGE HOMELESS FACILITY: A homeless facility for thirteen (13) or more persons. A homeless shelter is considered a large homeless facility.

SMALL HOMELESS FACILITY: A homeless facility for twelve (12) or fewer persons, plus a maximum of two (2) permanent, live-in staff.

HOTEL OR MOTEL: A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically provide a variety of services in addition to lodging (such as restaurants, meeting facilities, personal services, etc.). Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

I. Definitions “I”: No specialized terms beginning with the letter “I” have been identified at this time.

J. Definitions “J”: No specialized terms beginning with the letter “J” have been identified at this time.

K. Definitions “K”:

KENNEL: Any lot, building, structure, or premises whereon or wherein five (5) or more dogs or five (5) or more cats over the age of four (4) months are kept or maintained for any purpose. Definition includes animal daycare, such as “doggy daycare,” with or without overnight facilities, whether the facility is located partially or wholly indoor. The “Kennel” definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter.

L. Definitions “L”:

LANDMARK TREE: Individual trees that have been designated as unique because of size, historical/commemorative association, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retention.

LAYER: The depth of the lot measured from the frontage line within which certain improvements are allowed (see section 9225.7 of this code, Layers, and Figures 4A and 4B).

LIBRARY, MUSEUM: Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums. May also include accessory retail uses such as gift/book shop, restaurant.

LINER BUILDING: A building specifically designed to mask a parking lot or a parking garage (see Figure 6).

LIVE ENTERTAINMENT: Any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or similar purpose by a person or persons that are physically present when the activity is provided to a patron or group of patrons. Such entertainment may include music or vocals, dance, disc jockey, comedy or magic. Live entertainment may be amplified or nonamplified. Live entertainment does not include an occasional activity that: does not constitute a performance; is not advertised to the public; or primarily provides ambience to the facility.

LIVE/WORK: An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been specifically designed or structurally modified to accommodate joint residential occupancy and work activities, which includes:

1. Complete kitchen space and sanitary facilities in compliance with the building code; and

2. Working space reserved for and regularly used by one or more occupants of the unit.

LODGE: See section 9278 of this code, Definitions.

LODGING: Premises available for daily or weekly renting of bedrooms. Typical uses include hotels, motels, and bed and breakfast.

LOT: See section 9278 of this code, Definitions.

LOT AREA, GROSS: See section 9278 of this code, Definitions.

LOT AREA, NET: See section 9278 of this code, Definitions.

LOT, CORNER: A lot located at the intersection of two (2) or more streets, roads, or public road easements, not including alleys. A corner lot has frontage on two (2) streets and is considered to have two (2) front lot lines.

LOT, DOUBLE FRONTAGE (THROUGH LOT): A lot abutting two (2) streets, roads, or road easements that are generally parallel to each other. Both lot lines are front lot lines and the lot is considered to have no rear lot line (see section 9225.5 of this code, Building Setbacks).

LOT, INTERIOR: A lot with frontage on only one street, road, or public road easement.

LOW IMPACT DEVELOPMENT (LID): A site planning and engineering design process for land development that emphasizes the preservation and use of critical on-site natural features to better manage stormwater runoff. LID techniques include maintaining natural drainage, minimizing land clearance, clustering buildings, and reducing impervious surfaces and are used instead of conventional methods of collecting, conveying and piping away stormwater runoff.

M. Definitions “M”:

MAINTENANCE/REPAIR – CLIENT SITE SERVICES: Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and maintenance/repair for appliances, computers, electronics, elevators, equipment, HVAC, instruments and plumbing where the service is performed on the client site.

MAINTENANCE/REPAIR SERVICE – LARGE EQUIPMENT, LARGE APPLIANCE: A business facility that provides repair and/or maintenance services for large appliances and equipment and other types of nonvehicular-related equipment that is brought to the facility by customers or picked up from the customer and delivered to the site for repair. These businesses do not operate on the same site as a retail establishment that sells the product being maintained or repaired. This type of use typically requires designated drop-off and pickup areas due to the size of the appliance/equipment being repaired, outside storage for equipment repaired or waiting to be repaired and materials to be recycled or sent for disposal, and parking for delivery vehicles. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.

MAINTENANCE/REPAIR – SMALL APPLIANCES: A business facility that provides repair and/or maintenance for small appliances, computers, electronics, and other types of nonvehicular-related equipment that is brought to the facility by customers. These businesses do not operate on the same site as a retail establishment that sells the product being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.

MEDICAL MARIJUANA DISPENSARY: See section 9278 of this code.

MEDICAL SERVICES – CLINIC, URGENT CARE: A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples include:

medical offices with more than four (4) licensed practitioners and/or medical specialties

outpatient care facilities

urgent care facilities

other allied health services

MEDICAL SERVICES – MAJOR: Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and incidental services to patients, employees or visitors.

METAL PRODUCTS FABRICATION, MACHINE OR WELDING SHOP: An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include:

blacksmith and welding shops	sheet metal shops
plating, stripping, and coating shops	machine shops and boiler shops
cabinet shops

MINI-MARKET: See “General Retail.”

MIXED-USE: Multiple uses (office, retail, service, residential) within the same building or in multiple buildings within the same area adjacency. Mixed-use development often has a substantial commercial component that accommodates employees and walk-in trade.

MOBILE FOOD VENDOR: A retail business selling ready-to-eat food and/or beverages for off-premises consumption. These operate out of a vehicle and move from site to site throughout the day or week and the vehicle is not left on the site where food is sold overnight. They may be the only use on the site, but typically share the site with one or more uses. See also “Restaurant, Cafe, Coffee Shop” and “Mobile Food Vendor – Stationary.”

MOBILE FOOD VENDOR – STATIONARY: A retail business selling ready-to-eat food and/or beverages primarily for off-premises consumption. These typically operate out of a truck, kiosk, or similar small structure (often prefabricated) that remains on the site overnight. These uses may provide tables on the site for use by customers. They may be the only use on the site or may share the site with one or more other uses. See also “Restaurant, Cafe, Coffee Shop” and “Mobile Food Vendor.”

MUSEUM: See “Library, Museum.”

N. Definitions “N”:

NIGHTCLUB: A facility serving alcoholic beverages for on-site consumption and providing entertainment, examples of which include live music and/or dancing, comedy, etc. Does not include those uses allowed under “Adult Cabaret” or “Adult Entertainment Business.”

O. Definitions “O”:

OFFICE – ACCESSORY: An office facility incidental and accessory to another business or sales activity that is the primary use. These are allowed accessory to any other use allowed by Table 3: Allowed Uses and Permit Requirements.

OFFICE – BUSINESS/SERVICE: An establishment providing direct services to customers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, etc. This use does not include “Financial Services,” which is separately defined.

OFFICE – GOVERNMENT: An administrative, clerical, or public contact and/or service office of a local, State, or federal agency. Includes post offices, but not bulk mailing distribution centers.

OFFICE – MEDICAL, DENTAL: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis and that accommodates no more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, dentists, psychiatrists, etc.). Counseling services provided by other than medical doctors or psychiatrists are included under “Offices – Professional.”

OFFICE – PROCESSING: An office-type facility characterized by high employee densities, and occupied by a business engaged in information processing and other computer-dependent and/or telecommunications based activities. Examples of these include:

airline, lodging chain, and rental car company reservation centers

computer software and hardware design and development

consumer credit reporting

data processing services

health management organization (HMO) offices where no medical services are provided

insurance claim processing

mail order and electronic commerce transaction processing

telecommunications facility design and management

telemarketing

OFFICE – PROFESSIONAL: An office-type facility occupied by a business that provides professional services and/or is engaged in the production of intellectual property. Examples of these include:

accounting, auditing, and bookkeeping services

advertising agencies

attorneys

commercial art and design services

construction contractors (office only)

counseling services

court reporting services

detective agencies and similar services

design services, including architecture, engineering, landscape architecture and urban planning

educational, scientific, and research organizations

financial management and investment counseling

literary and talent agencies

management and public relations services

media post-production services

news services

photographers and photography studios

psychologists

secretarial, stenographic, word processing, and temporary clerical employee services

security and commodity brokers

writers’ and artists’ offices

OPEN PARKING: Parking that is not located within a building or structure, such as parking located in a driveway or parking lot. See also “Parking Lot.” Does not include on-street parking.

OUTDOOR SALES ESTABLISHMENT: Any business or portion of a business operated to sell, display, barter or exchange goods or merchandise outside a structure on private property. Does not include outdoor dining or sidewalk cafes associated with a restaurant. Does not include food and/or beverage sales and outdoor dining associated with a mobile food vendor or stationary mobile food vendor.

P. Definitions “P”:

PARKING LOT: The use of land primarily for the parking of vehicles operated by the City or a private entity providing parking for a fee. Also includes “park and ride lots.” This type of parking also may be referred to as “Open Parking” since parking is located in the open rather than in a building or structure (see “Parking Structure”). Does not include towing impound and storage facilities, dismantling yards.

PARKING STRUCTURE: A building containing two (2) or more stories of parking.

PEDESTRIAN ORIENTATION: A physical structure or place with a form, design qualities and elements that contribute to the creation of an active, inviting and pleasant place for pedestrians. Components include:

1. Building facades that are highly articulated at the street level and located directly behind the sidewalk. Articulation can be achieved through the use of interesting materials, colors, and architectural detailing.

2. Continuity of building facades along the street with few interruptions in the progression of buildings and stores.

3. Visibility into buildings at the street level.

4. Design amenities related to the street level such as storefronts, awnings, arcades, and landscaping.

5. A continuous sidewalk with minimal intrusions into the pedestrian right-of-way.

6. Public right-of-way amenities including street trees, benches, bike racks, and other street furnishing.

7. Signs oriented to the pedestrian rather than the motorist.

PEDESTRIAN-ORIENTED USE: A land use that encourages walk-in customers and does not exclude the general public. Pedestrian orientation creates visual interest, high customer turnover, and social interaction and provides a spontaneous draw from the sidewalk.

PERSONAL SERVICES: Establishments providing nonmedical services to individuals. Examples of these include:

barber and beauty shops, nail salon	massage (licensed, therapeutic)
clothing rental	shoe repair
dry cleaning pick-up stores with limited equipment	tailors, dressmakers
home electronics and small appliance repair	tanning salons
locksmiths	tattoo, body piercing

PERSONAL SERVICES – RESTRICTED: Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impact. Examples of these include the following:

check cashing services	psychics
fortune tellers, palm, card and tarot readers	spas and hot tubs for hourly rental
pawn shops

PET SERVICES: Grooming and retail services and grooming of dogs, cats, birds, fish, and similar small animals customarily kept as household pets with no facilities for boarding of pets. Does not include overnight boarding of animals (see definition of “Kennel”).

PET STORE: Any indoor sale of dogs, cats, birds, fish, reptiles, and other small animals and associated pet supplies. Does not include “Veterinarians” or “Kennels,” which are separately defined. This use may include the overnight stay of animals that are offered for sale at the establishment, provided these animals do not create noise that may be a nuisance to neighboring properties.

PLAYGROUND: See Table 2: Civic Spaces.

PLAZA: See Table 2: Civic Spaces.

POLICE STATION: See section 9278 of this code, Definitions, “Safety Services.”

PRINCIPAL BUILDING: A building that accommodates the primary use of the site.

PRINCIPAL ENTRANCE: The main point of access of pedestrians into a building.

PRINCIPAL USE: The main purpose for which a site is developed and occupied.

Q. Definitions “Q.” No specialized terms beginning with the letter “Q” are identified at this time.

R. Definitions “R”:

REAR YARD BUILDING: A building that occupies the full frontage line, leaving the rear of the lot as the sole yard (see Table 5: Building Types).

RECOMMENDED: Optional or suggested, not required.

RELIGIOUS ASSEMBLY: See section 9278 of this code, Definitions.

REQUIRED: Mandatory standards that must be followed.

REST HOME: See section 9278 of this code, Definitions.

RESTAURANT, CAFE, COFFEE SHOP: A retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include eating establishments where customers are served from an ordering counter for either on- or off-premises consumption (“counter service”); establishments where customers are served food at their tables for on-premises consumption (“table service”), which may also provide food for takeout; and exclusively pedestrian-oriented facilities that serve from a walk-up ordering counter. May include outdoor dining with the permit requirements included in Table 3: Allowed Uses and Permit Requirements. Does not include “Mobile Food Vendor” or “Mobile Food Vendor – Stationary,” which are separately defined.

RESTAURANT – FORMULA FAST FOOD: A restaurant that includes all of the following characteristics:

1. Is required by contractual or other arrangements to maintain any of the following: substantially standardized menus, architecture, building appearance, signs, or other similar standardized features; and

2. Has three (3) or more of the following characteristics:

a. Food is pre-made and wrapped before customers place orders;

b. Food is served with disposable tableware for on-site consumption;

c. Food is ordered from a wall menu at a service counter;

d. Food consumed on the premises is ordered while customers are standing;

e. Payment is made by customers before food is consumed; or

f. The service counter is closer to an entry/exit than is the seating/dining area.

Ice cream shops, coffeehouses, bakeries, hot dog stands, or other businesses whose primary function is not the sale of full meals are exempted from this definition.

RETAIL: Premises available for the sale of merchandise and food service.

RIPARIAN CORRIDOR: The aggregate of vegetative and associated wildlife areas occurring along the entire length of a natural, freshwater course of water. Riparian vegetation consists of the plant material living near or on the banks of watercourses.

S. Definitions “S”:

SAFETY SERVICES: See section 9278 of this code, Definitions.

SCHOOL: A public or private academic educational institution, including:

boarding school	high school
community college, college, university	military academy
elementary, middle or junior high schools

SCHOOL – SPECIALIZED EDUCATION AND TRAINING: A public or private academic educational institution that provides specialized education or training. Examples include the following:

art school	establishments providing courses by mail
ballet and other dance schools	language school
business, secretarial, and vocational school	music school
computers and electronics school	professional school (law, medicine, etc.)
drama school	seminaries/religious ministry training facility
driver education

See also the definition of “Studio – Art, Dance, Martial Arts” for smaller scale facilities offering specialized instruction.

SECOND HAND, THRIFT STORE: A retail store that buys and sells used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines, office equipment, tools, motors, machines, instruments, or any similar second hand articles or objects. Does not include bookstores (“General Retail”); pawn shops (“Personal Services – Restricted”); junk dealers, or scrap/dismantling yards (“Scrap and Salvage Services”); the sale of antiques and collectibles (“General Retail”); or the sale of cars and other used vehicles (“Automotive Sales and Service”).

SHOPPING CENTER: A unified commercial development on a minimum of two (2) acres occupied by a group of five (5) or more separate businesses occupying substantially separate divisions of a building or buildings focused on a privately owned common mall or parking lot rather than a street.

SIDE YARD BUILDING: A building that occupies one side of the lot with a setback to the other side (see Table 5: Building Types).

SMALL PRODUCT MANUFACTURING: Establishments manufacturing and/or assembling small products primarily by hand, including manufacturing establishments producing small products not classified in another major manufacturing group. Examples include manufacturing of costume novelties, jewelry, musical instruments, sporting and athletic goods, toys, and other similar items.

SMOKE SHOP: An establishment that sells tobacco or tobacco products for on-site or off-site use or products defined as drug paraphernalia by Division 7, Chapter 1, Article 7 of this code. Examples include hooka shops and head shops.

SOCIAL HALL: See section 9278 of this code, Definitions.

SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS: A retail beverage and/or food store characterized by its small size, a limited number of high quality specialty food items and/or beverages typically including premium wine and beer. This use may also include tastings of the products sold on site.

SQUARE: See Table 2: Civic Spaces.

STORAGE – ACCESSORY: The indoor storage of materials accessory and incidental to a principal use is not considered a land use separate from the principal use.

STORAGE – PERSONAL STORAGE FACILITY: Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

STORAGE – YARD: The open storage of materials outside of a structure, other than fencing, as an accessory use. A storage yard is not allowed as a principal use (see Table 3: Allowed Uses and Permit Requirements).

STOREFRONT: A facade at the ground story that is subject to special adaptation, such as recessed doors and display windows for retail uses. Examples of frontage types that include storefronts are “shopfront and awning,” “gallery,” and “arcade” (see Table 8: Private Frontage Types).

STREETSCAPE: The urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for vehicles, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.) and the amenities of the public frontages (street trees and plantings, benches, street lights, etc.).

STREETSCREEN (STREETWALL): A freestanding wall built along the frontage line, or coplanar with the facade, often for the purpose of masking parking from the street.

STRUCTURAL SOIL OR CELLS: An artificially engineered medium that meets or exceeds street load-bearing requirements for structurally sound pavement design and installation, while supporting tree growth, remaining root penetrable, and encouraging deep root growth away from the pavement surface.

STUDIO – ART, DANCE, MARTIAL ARTS: Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples of these facilities include: individual and group training in the arts; photography and the processing of photos produced only by the users of the studio; martial arts training studios; gymnastics, yoga and similar instruction; and aerobics and gymnastics with no other fitness facilities. Larger facilities are included under “School – Specialized Education and Training.”

SUBSTANTIAL MODIFICATION: Any alteration, abandonment, damage, destruction, or loss of or to a building that would result in the loss of status as a nonconforming use or nonconforming buildings under subsection 9209D or E of this code or would require a discretionary permit.

T. Definitions “T”:

TELECOMMUNICATIONS, ANTENNAS: Broadcast and receiving antennas for radio, television, telegraph, telephone, wireless data network, and other wireless communications, including earth stations for satellite-based communications. Includes support structures and ancillary equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections.

TELECOMMUNICATIONS FACILITIES: Structures other than telecommunications antenna equipment buildings that are primarily for accommodating equipment for any of the following or similar services. Includes equipment facilities for Internet service providers and the following:

1. A telephone service provider, whether wireless or nonwireless, digital or analog, or otherwise, where customer or subscriber lines are joined or connected to switching equipment that connects customers or subscribers to each other. Includes telephone switching facilities.

2. A data center housing one or more large computer systems and related equipment for collecting, maintaining and/or processing data, and providing other data processing services.

3. A “server farm,” or group of computer network servers that are housed in one location.

TELECOMMUNICATIONS TOWER: A mast, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast no more than twelve feet (12') in height and six inches (6") in diameter shall not be considered a telecommunications tower.

TERMINATED VISTA: A site or space at the termination of a thoroughfare, or at the visual termination of a street segment designated on the Special Designations Map. A building located at a terminated vista shall be designed in response to its visual prominence.

THEATER – MOVIE OR LIVE PERFORMANCE: An indoor facility for public assembly and group entertainment, other than sporting events. Examples of these include:

civic theaters and facilities for live theaters and concerts	open air theaters
movie theaters	similar public assembly facilities

THOROUGHFARE: A vehicular way incorporating travel lanes and often parking lanes within a right-of-way.

TRANSITION LINE: A horizontal line spanning the full width of a facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.

TRANSPORTATION SERVICE: See section 9278 of this code, Definitions.

TRANSPORTATION TERMINAL: See section 9278 of this code, Definitions.

TURRET: A small tower, an ornamental or functional structure at an angle of a larger structure.

U. Definitions “U”:

USABLE OUTDOOR SPACE: Outdoor space that is available and accessible to the occupants of an individual unit, building, or building site for the purpose of active and/or passive recreation. Usable outdoor space includes the aggregate of side and rear yards, roof decks, and patios, balconies and decks having a depth of at least three feet (3') and an area of not less than thirty (30) square feet. Usable outdoor space does not include driveways, areas for off-street parking and services, and ground level areas with a width of less than five feet (5') or a maximum dimension of more than ten feet (10'). At least seventy-five percent (75%) of the usable outdoor space shall have a slope of ten percent (10%) or less.

USE: The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

V. Definitions “V”:

VEHICLE SERVICES: The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use included the following categories:

1. Major Repair/Body Work: These establishments include towing, collision repair, other body work, painting services, and tire recapping.

2. Minor Maintenance/Repair: Minor facilities providing limited repair and maintenance services. Examples include attended and self-service car washes, detailing services, muffler shops, radiator shops, quick lube services, oil change services, tire and battery sales and installation (not including recapping).

Drive-up and drive-through service bays associated with vehicle services are not considered an accessory drive-up, drive-through use as identified in Table 3: Allowed Uses and Permit Requirements, and instead are considered part of the vehicle services use.

VETERINARY OFFICE OR SERVICE – SMALL ANIMAL: See section 9278 of this code, Definitions.

VISION TRIANGLE: Proposed structures and landscaping on a corner lot shall comply with the following vision triangle height limits as required for public safety. The boundaries of a vision triangle are formed by drawing lines from the point of intersection of a lot’s street corner property lines to points thirty feet (30') along the two (2) property lines, and then connecting the two (2) points with a straight line.

W. Definitions “W”: No specialized terms beginning with the letter “W” are identified at this time.

X. Definitions “X”: No specialized terms beginning with the letter “X” are identified at this time.

Y. Definitions “Y”: No specialized terms beginning with the letter “Y” are identified at this time.

Z. Definitions “Z”: No specialized terms beginning with the letter “Z” are identified at this time. (Ord. 1139, §2 (Exh. A, 13.030), adopted 2012)