Ukiah City Council
October 2, 2024

Ukiah 2040 General Plan Land Use Element

Designation Description Density / Intensity
Typical Uses:
▪ Single-family detached dwellings
▪ Small-lot multifamily dwellings, including duplexes, triplexes, fourplexes, apartments, townhomes, and mobile homes
▪ Compatible public and quasi-public uses (e.g., churches, daycare centers, community centers, parks, and schools) High Density
Residential
Purpose and Application:

This designation is intended for high-density apartment or townhome projects to meet the diverse needs of the population in terms of mixed types and affordability of housing. The HDR classification is permitted within the incorporated City and Sphere of Influence. This designation is also permitted as a part of a planned unit development or Master Plan Area. This designation is also intended to provide opportunities for limited neighborhood-directed commercial development that is designed to serve the needs of a residential area.
▪ Single-family detached dwellings
▪ Multi-family dwellings, including duplexes, triplexes, fourplexes, apartments, townhomes, and mobile homes
▪ Neighborhood commercial
▪ Compatible public and quasi-public uses (e.g., churches, daycare centers, community centers, parks, and schools) Minimum Density:
28 du/ac
Maximum Density:
40 du/ac
Floor Area Ratio:
n/a
Mixed Use / Commercial / Industrial
Downtown Core Purpose and Application:

This designation is applied to the central core of Ukiah, generally extending along East Perkins Street and State Street that currently comprises parcels with the Downtown Zoning District This designation is intended to establish and promote Downtown Ukiah as the central gathering place in the community for commercial, entertainment, hospitality, and urban living. Development in the Downtown Core is meant to establish a walkable, infill-oriented environment, focusing on multi-modal transportation and overall connectivity to the remainder of the city. This designation allows for a combination of higher-density residential, mixed-use, office, and commercial uses. Projects in this designation are required to comply with the design standards and guidelines as specified in the Downtown Zoning Code.

Typical Uses:
▪ Multi-family dwellings
▪ Mixed-use multi-family, commercial, retail, live/work, office ▪ Entertainment venues
▪ Hotels and lodging establishments
▪ Restaurants and similar hospitality uses
▪ Large and small format retail sales
▪ Personal service/repair, medical, and office uses
▪ Administrative and professional offices
▪ Central gathering spaces, plazas, and paseos
Minimum Density:
28 du/ac
Maximum Density:
40 du/ac
Floor Area Ratio:

2.5 Mixed Use: Brush Street Purpose and Application: Minimum Density:

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Policy Document | December 2022 Page 2-7
Designation Description Density / Intensity
This designation is intended to allow two to three story mixed-use development with commercial uses encouraged at street level. Uses may be mixed vertically or horizontally (stacked or linearly) on the site. Mixeduse (MU) development shall combine two or more of the permitted uses listed below along with some form of public open space, and single use development shall be prohibited by implementing zoning.

Typical Uses:
▪ Single- and multi-family (MFR) dwellings
▪ Retail commercial and light industrial
▪ Mixed-use multi-family, commercial, retail, live/work, office, medical related uses such as clinics and hospitals
SFD: 5 du/ac
MFR/MU: 9 du/ac
Maximum Density:

SFD: 9 du/ac
MFR/MU: 20 du/ac
Floor Area Ratio:

Min: 0.3
Max: 1.0
Mixed Use: AIP-PD Purpose and Application:

This designation replaces the Master Plan Area designation for the Airport Industrial Park Planned Development (AIP-PD) area in southern Ukiah along Highway 101. The AIP-PD was originally approved in 1981, and the Ordinance regulating current land uses was first adopted in 2013; lands within this area are currently governed by AIP-PD Ordinance No. 1213 which was adopted in 2021. Since adoption of the 1995 General Plan this area is almost completely built out with a variety of commercial, industrial, and mixed-use development. Land Use within this area is further broken down into seven land use categories: Highway Commercial; Industrial; Industrial Auto; Commercial; Light Manufacturing Mixed Use; Open Space; Professional Office; and Retail Commercial (as shown on the AIP-PD land use designation map). Each designation contains a set of development standards (setbacks, height, design, land use, landscaping, etc.). While the AIP-PD notes that residential density is limited to 60 people per acre, and commercial development is subject to 40 percent maximum lot coverage, due to its proximity to the airport, the AIP-PD relies on density restrictions noted within UKIALUCP.

Typical Uses:
▪ Large format retail sales
▪ Restaurants
▪ Light industrial/manufacturing
▪ Personal service/repair, medical, and office uses
▪ Administrative and professional offices
▪ Highway-oriented uses
▪ Automotive commercial
▪ Open Space
Floor Area Ratio:

1.0 Neighborhood
Commercial
Purpose and Application:

This designation identifies areas generally located within existing neighborhoods in the city, primarily adjacent to single-family areas along South Dora Street. The intent of this designation is meant to provide enhanced neighborhood serving uses that are compatible with and limit conflict with adjacent residential areas. In an effort to stimulate additional housing opportunities in the city, this designation supports the inclusion of single- and multi-family dwelling types, specifically walkable infill development, including mixed-use development (both horizontal and vertical formats). This designation focuses development of small format retail and personal services that serve the everyday needs of the immediate neighborhood.

Minimum Density:
8 du/ac
Maximum Density:
15 du/ac
Floor Area Ratio:

1.0

Ukiah 2040 General Plan Land Use Element

Designation Description Density / Intensity
Typical Uses:
▪ Small format retail sales
▪ Restaurants
▪ Personal service/repair, medical, and office uses
▪ Single- and multi-family dwellings
▪ Mixed-use (multi-family, commercial, retail, live/work, office) Community Commercial Purpose and Application:

This designation identifies areas generally located along major corridors in the city including State Street, East Gobbi Street, and Talmage Road, with the intent of providing a transition between higher-intensity commercial uses along Highway 101 and residential neighborhoods on the western side of the city. In an effort to stimulate additional housing opportunities in the city, this designation supports the inclusion of higher-density multi-family dwellings, including mixed-use development (both horizontal and vertical formats). This designation focuses development for small and large format retail, shopping centers, chain restaurants, and personal services that provide for the community as well as consumers outside the city.

Typical Uses:
▪ Large format retail stores, with a focus on national and regional chains
▪ Hotels and lodging establishments
▪ Restaurants
▪ Personal services and office uses
▪ Multi-family dwellings
▪ Mixed-use (multi-family, commercial, retail, live/work, office) Minimum Density:
15 du/ac
Maximum Density:
28 du/ac
Floor Area Ratio:

1.5 Highway Commercial Purpose and Application:

This designation identifies areas generally located adjacent to Highway 101 on the far eastern side of the city. This designation focuses development of more auto-oriented uses, visitor-serving uses, and large format retail that are typically associated with highway users. The intent is to limit the impact of such auto-oriented uses on established residential areas and neighborhood-focused commercial centers, including Downtown.

Typical Uses:
▪ Large format retail
▪ Hotels and lodging establishments
▪ Restaurants and supporting hospitality uses, including drive-thru establishments
▪ Gas stations and vehicle fueling stations, including vehicle repair ▪ Guidance services and professional offices
Minimum Density:
28 du/ac
Maximum Density:
40 du/ac
Floor Area Ratio:

1.0 Industrial Purpose and Application:

This designation is intended to identify those areas of the General Plan where manufacturing and major employment uses may occur. The Industrial classification applies to lands suited for industrial uses where public facilities and services (transportation systems, utilities, fire protection, water, and sewage disposal) exist or can be efficiently Minimum Density:

N/A
Maximum Density:

Live/work: 20 du/ac

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Policy Document | December 2022 Page 2-9
Designation Description Density / Intensity
provided. Industrial uses may be sited where there can be the least impact to proximate uses and where the potential for environmental disruption is minimal or can be adequately controlled. Industrial uses may be managed through individual zoning districts to ensure a level of land use compatibility that reflects site specific conditions and requirements. New Industrial lands are intended to be located in the City limits, the Sphere of Influence, or Master Plan Areas.

Typical Uses:
▪ Manufacturing, processing, fabrication and assembly, and warehousing
▪ Public facilities, places of assembly
▪ Business centers, business parks, office parks, mixed commercial, office, and industrial sites.
▪ Limited live-work uses
▪ Agriculture
Floor Area Ratio:

1.0

Ukiah 2040 General Plan Land Use Element

Public / Quasi-Public
Public Purpose and Application:

This designation is intended to identify lands owned by public agencies including the City, County, School districts, and special districts, as well as quasi-public utilities such as Pacific Gas & Electric and internet and telephone service providers. Public land uses identify facilities that are unlikely during the life of the General Plan to be considered surplus property because of the extent or nature of the existing facility. The P classification is the equivalent of the County's Public Lands and Public Services classification.

Typical Uses:
▪ Government buildings
▪ Libraries
▪ Water, wastewater, and drainage facilities
▪ Transportation and utility facilities
▪ Compatible public buildings
▪ Natural resource areas
Minimum /Maximum
Density:
n/a
Floor Area Ratio:

1.0 Recreational Purpose and Application:

This designation is intended to identify recreation facilities with generally unrestricted access. REC lands apply to public parks and recreation facilities, quasi-public recreation facilities within residential development, and private parks or recreation facilities such as campgrounds or private golf courses.

Typical Uses:
▪ Campgrounds, trails, parks, baseball fields, soccer fields, BMX tracks, RV parks, golf courses, country club facilities.

Minimum /Maximum
Density:
n/a
Floor Area Ratio:
n/a
Open Space Purpose and Application:

This designation is intended to identify lands not suited for development or to land most valuable in its undeveloped state. Factors limiting the development of land would include such constraints as unstable soils, high fire hazard, remote location, poor access, or susceptibility to flooding. Valuable natural areas could include rare and endangered species and habitat, wildlife corridors, riparian vegetation zones, areas with creeks or water features, or designated scenic resources. The OS classification is the equivalent of the County's Open Space classification.

Typical Uses:
• Agriculture, conservation and development of natural resources • Mineral extraction
• Recreation
• Essential utility installations
Minimum /Maximum
Density:
n/a
Floor Area Ratio:
n/a

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Policy Document | December 2022 Page 2-11
Other
Agriculture Purpose and Application:

This designation is intended to apply to lands which are suited for and are used for production of crops, commercially cultivated lands under agricultural preserve contracts, land having present or future potential for agricultural production, and contiguous or intermixed smaller parcels on which non-compatible uses could jeopardize the agricultural use of agricultural lands. Lands within the AG classification with agricultural commodities, excluding cannabis, are protected from encroachment of incompatible uses by the "Right to Farm" provisions of the Agriculture Element. Agriculture lands are intended to include both the growing, raising, and harvesting of agricultural produce, fruit, or livestock.

Typical Uses:
▪ Single-family dwellings
▪ Farm labor housing
▪ Crop production, grazing, livestock raising facilities, dairies ▪ Packing houses, feed/grain storage
▪ Natural open space areas
▪ Agriculturally related industries, wineries, food processing Minimum Density:
n/a
Maximum Density:
1 du/40 ac
Floor Area Ratio:
n/a
Land Use Designation Density Range
(units/acre) Floor Area Ratio Compatible Zoning Districts HR Hillside Residential 1 du/ac N/A Low Density
Residential-Hillside
Overlay (R1-H)
RR Rural Residential 2 du/ac N/A Low Density
Residential (R1)
LDR Low Density Residential 15 du/ac N/A Low Density
Residential (R1)
MDR Medium Density Residential 15 - 28 du/ac N/A Medium Density Residential (R2)
HDR High Density Residential 28 - 40 du/ac N/A High Density Residential (R3)
DC Downtown Core 28 - 40 du/ac 2.5 All Downtown Zoning
Code districts
MUBST Mixed Use: Brush Street
SFD: 5 - 9 du/ac
MFR: 9 - 20 du/ac 0.3-1.0
All existing and future
zoning districts that
meet the intent of the
MUBST
AIP-PD
Mixed Use: AIP-PD N/A 1.0 All AIP-PD zoning
districts, as well as
Commercial,
Manufacturing, and
Industrial zoning
districts that meet the
intent of the AIP-PD
NC Neighborhood Commercial 8 - 15 du/ac 1.0 Neighborhood Commercial (CN)
CC Community Commercial 15 - 28 du/ac 1.5 Community
Commercial (C1);

Ukiah 2040 General Plan Land Use Element

Heavy Commercial
(C2)
HC Highway Commercial 28 - 40 du/ac

1.0 Community
Commercial (C1);
Heavy Commercial
(C2)
I Industrial Live Work: 20 du/ac

1.0 Industrial;
Manufacturing;
Agricultural
Combining
P Public
N/A 1.0
Public Facilities;
Agricultural
Combining; Open
Space
REC Recreational

N/A N/A
Public Facilities;
Agricultural
Combining; Open
Space
OS Open Space

N/A N/A
Public Facilities;
Agricultural
Combining; Open
Space
AG Agriculture
1 du/40 ac N/A
Public Facilities;
Agricultural
Combining; Open
Space

For parcels that fall within a designated Airport Compatibility Zone, refer to Chapter 3 of the UKIALUCP which lists restrictions for each land use within each Compatibility Zone related to height, density (both residential and non-residential), land use, noise, and open land.

2. Land Use Element
Policy Document | December 2022 Page 2-13

2. Land Use Element
Policy Document | December 2022 Page 2-23
Infill Development
The City shall encourage population and employment growth toward infill development sites within the city. (Source: New Policy)
Reuse of Underutilized Property
The City shall encourage property owners to revitalize or redevelop abandoned, obsolete, or underutilized properties to accommodate growth. (Source: New Policy) Historic Preservation
The City shall strive to preserve residential and commercial structures of historic value to the community. (Source: New Policy)
Historic Resource Maintenance
The City shall encourage property owners to maintain these structures in accordance with local, state and federal standards. (Source: New Policy)
Meeting the Housing Needs of Ukiah
While housing and residential neighborhoods form the fabric that makes the City a cohesive community, finding a place to call home in Ukiah can sometimes be challenging. The City is not affordable for some prospective residents, and the range of housing types and sizes to accommodate varied households is limited. The domination of single-family neighborhoods and the trend towards building single-family homes geared toward higher-income earners has further contributed to the housing issues in the City.

These housing issues are not unique to Ukiah and are seen throughout many communities in California. The State of California has been working with communities to help meet the number and affordability of housing units needed in the State. As part of the Housing Element process, the State dictates the number of units, at a variety of income levels, for which each region must plan. For Ukiah, this covers the sixth cycle housing element which covers an eight-year cycle (2019-2027).

To address the diversity of housing needed in Ukiah and meet the requirements of State law, the City will look beyond the current process used to plan for housing. The Ukiah planning process has predominantly focused on detached single-family homes, leaving many priced out of the local housing market. To meet the diverse needs of the community, Ukiah, like other communities nationwide, intends to strive for communities that are a heterogeneous mix of housing types and price points. This housing, which lies between the low end of Medium Density Residential (MDR - 1-14 units/acre) and the high end of High Density Residential (HDR- 1-28 units/acre) is often referred to as “Missing Middle” housing and can include a mix of housing types including duplexes, triplexes,

Ukiah 2040 General Plan Land Use Element

fourplexes, cottage courts/clusters, and townhomes (illustrated below). Through design, these units are expected to be compatible in form and appearance with detached single-family homes.

As part of the 2040 General Plan, a goal, policies, and implementation programs are included to support the development of Missing Middle Housing within existing Ukiah neighborhoods. The image below illustrates this concept using a variety of Missing Middle Housing types. In the graphic below, the two blocks were laid out to be identical relative to lot lines and existing structures, with the dwelling units shaded in white being existing dwelling units in a variety of sizes, but all being single-family detached homes. The portion of the graphic on the bottom (labeled “With Missing Middle Housing”) shows that same block with future development. The white shaded structures are those current units remaining and the gold shaded structures are new Missing Middle Housing types.

Some are in addition to existing structures (“A” and “F”), one is a replacement structure on an existing lot (“C”), and two show the consolidation of two lots to create one larger lot (“B” and “D”).

This illustration is designed to show potential ideas for how to incorporate a range of housing types and sizes into an existing neighborhood. In addition to different types, the Missing Middle Housing concepts would also support the production of a variety of unit sizes in the 500 to 1,000 square-foot range.

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Policy Document | December 2022 Page 2-25
Goals and Policies
To provide opportunities for housing that can accommodate the needs, preferences, and financial capabilities of current and future residents in terms of different housing types, tenures, density, sizes, and costs. (Source: New Goal) Mixed Residential Neighborhoods
The City shall encourage creation of mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Ukiah households and expand housing choices in all neighborhoods. These housing types include, but are not limited to, single dwelling units, multi-family dwelling units, accessory dwelling units, small and micro units, use of pre-fabricated homes, and clustered housing/cottage housing. (Source: New Policy) Housing Types and Designs
The City shall support housing types and designs that increase density while remaining consistent with the building scale and character present in existing neighborhoods. This includes multi-family units or clustered residential buildings that provide relatively smaller, less expensive units within existing neighborhoods. (Source: New Policy)
Adaptation of Existing Residential Units
The City shall encourage the adaptation of existing residential units to support multi-family use. (Source: New Policy)
Senate Bill 9 and Development Implications
To continue to stimulate housing, specifically Missing Middle Housing ,and remove barriers by local government for expedited housing production, the State enacted Senate Bill 9 (SB 9). SB 9 creates a ministerial approval process for lot splits and duplex construction on parcels zoned for single-family uses, if the project meets specified requirements. Duplex construction or lot splits cannot demolish deed-restricted affordable housing or housing occupied by tenants in the past three years or occur in an historic district. Local governments may impose objective standards, unless they preclude the construction of two units or a lot split.

Local agencies may require up to one parking space per unit, unless the parcel is within a half mile of a major transit stop or high-quality transit corridor (similar to ADU requirements).

Housing created pursuant to these provisions cannot be rented for terms shorter than 30 days (no vacation rentals). Applicants for lot splits must sign an affidavit declaring their intent to occupy one of the lots for at least three years, unless the applicant is a community land trust or nonprofit. Local agencies may deny an application for a duplex or lot split if it makes written findings of an adverse impact on public health, safety, or the physical environment. Local governments must identify units constructed pursuant to these provisions in their housing element Annual Progress Report.

DRAFT RESOLUTION NUMBER PC 2024-01

CITY OF UKIAH
SEPTEMBER 25, 2024
“MISSING MIDDLE ORDINANCE”

RESOLUTION OF THE PLANNING COMMISSION,

CITY OF UKIAH, STATE OF CALIFORNIA,

PROVIDING A REPORT AND RECOMMENDATION

TO THE UKIAH CITY COUNCIL REGARDING THE

PROPOSED ADOPTION OF AMENDMENTS TO
DIVISION 9, CHAPTER 3 OF UKIAH CITY CODE
WHEREAS, on December 7, 2022, the Ukiah City Council adopted Resolution No. 2022-79 certifying the Environmental Impact Report for the City of Ukiah 2040 General Plan (State Clearinghouse No. 2022050556) (the “General Plan EIR”), which analyzed the environmental impacts of the adoption of the City’s General Plan, and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and WHEREAS, the City may adopt ordinances that regulate the use of land pursuant to Government Code Section 65850; and
WHEREAS, in 2023, the City of Ukiah Community Development Department (the “Department”) initiated a process to revise and update the R1, R2, & R3 zoning districts of the of Ukiah City Code apprising the City of Ukiah Planning Commission and City Council during annual housing updates and informational sessions; and WHEREAS, the Department is proposing a comprehensive update of its residential zoning district to incorporate changes consistent with Ukiah 2040 General Plan’s densityrelated analysis and housing goals, such as reduced setback, parking and lot-size requirements; allowing a greater variety of housing types, such as ‘Dwelling Groups’ for which a stand-alone Article will be drafted; allowing limited commercial uses on a discretionary basis, as well as minor consistency updates and procedural clarifications to address known consistency. Staff will also incorporate guidelines regarding California Senate Bill 9 (2021) enacted by Government Code Section §65852.21 and §66411.7 into Article 3; and
WHEREAS, the Articles of the Ukiah Code proposed for amendment or inclusion are attached to this resolution as Exhibit A and incorporated herein by this reference (the “Missing Middle Ordinance”), which show the changes to the various chapters in redline and strikethrough, or indicate that articles are new or being edited; and WHEREAS, the City of Ukiah’s Land Use Element includes goals, policies, and implementation programs to support the development of ‘Missing Middle Housing’ within existing Ukiah neighborhoods. As conveyed, the City recognizes the growing need for diverse housing options that cater to a wide range of income levels, including housing types, such as duplexes, triplexes, and townhomes, to address the housing affordability crisis; and WHEREAS, encouraging the development of missing middle housing and more proximate commercial development, supports the City's goal of increasing residential density in existing neighborhoods, promoting more efficient land use, and reducing the environmental impacts associated with sprawl; and
WHEREAS, the adoption of the Missing Middle Ordinance aligns with the City's commitment to inclusive growth and housing equity by providing opportunities for both homeownership and affordable rental units in walkable, transit-friendly areas; and ATTACHMENT 2

WHEREAS, the statutory exemption set forth in Section 15183 of the California Environmental Quality Act Guidelines (Title 14, Cal. Code Regs., section 15000 et seq; “CEQA Guidelines”) applies to this action because, for the reasons set forth in the Staff Report accompanying this Resolution, the Missing Middle Ordinance does not have the potential to cause a significant effect on the environment and is therefore not subject to CEQA, as the project is consistent with the City of Ukiah 2040 General Plan.

WHEREAS, in accordance with applicable provisions of law, the Planning Commission held a public hearing on September 25, 2024, at which time the Planning Commission heard and received all relevant testimony and evidence presented orally or in writing regarding the Missing Middle Ordinance and all interested persons were given an opportunity to hear and be heard regarding the Missing Middle Ordinance; and WHEREAS, the Planning Commission considered all of the information presented to it including the Staff Report, and public testimony presented in writing and at the public hearings; and
WHEREAS, the Planning Commission has had an opportunity to review this Resolution and finds that it accurately sets forth the intentions of the Planning Commission regarding the Missing Middle Ordinance.

NOW, THEREFORE BE IT RESOLVED that the City of Ukiah Planning Commission, based upon evidence in the record and oral and written testimony presented at public hearings, and all information contained in the record of proceedings related to the Missing Middle Ordinance, makes the following findings and recommendations:

1. The above recitals are true and correct, and incorporated herein by this reference.

2. The proposed changes of the Missing Middle Ordinance are consistent with the City of Ukiah 2040 General Plan. Pursuant to Government Code Section 65860, a zoning ordinance is consistent with a general plan if the City has adopted a plan and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in the plan. None of the zoning district articles being modified affect the conformity with the 2040 General Plan, and the addition of components related to SB 9, creates additional conformance with State Law.

3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). As the proposed Missing Middle Ordinance is consistent with the Ukiah 2040 General Plan, the project relies upon the General Plan EIR and is consistent with CEQA Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

4. That the City Council find that the adoption of an ordinance adopting the Missing Middle Code Update is consistent with the City of Ukiah 2040 General Plan.

5. That the City Council adopt an ordinance making the changes shown in the Missing Middle Code Update, as shown in the attached Exhibit A.

BE IT FURTHER RESOLVED that the Planning Commission designates the City Clerk as the custodian of the document and other materials that constitutes the record of proceedings upon which the Planning Commission decision herein is based. These documents may be found at the office of the City of Ukiah Department of Community Development, 300 Seminary Avenue, Ukiah, CA 95482.

I hereby certify that according to the Provisions of Government Code Section 25103 delivery of this document has been made.

ATTEST:

Stephanie Abba
Planning Commission Clerk
Craig Schlatter Rick Johnson
Director, Community Development Chair, Planning Commission Enclosed: Exhibit A

ARTICLE 3. REGULATIONS IN LOW DENSITY RESIDENTIAL (R-1) DISTRICTS 1 SECTION:
§9015 Purpose And & Intent
§9016 Allowed Uses
§9017 Permitted Uses
§9018 Building Height Limits
§9019 Required Site Area
§9020 Required Yard Setbacks
§9021 Required Parking
§9022 Additional Requirements
§9023 Determination Of of Appropriate Use
§9015 PURPOSE AND INTENT
The purpose of the regulations in the Low Density Residential (R-1) District is to preserve, enhance, and protect the low density residential qualities of Ukiah’s various neighborhoodsneighborhoods in the community. The R-1 zoning district is intended for residential areas characterized predominantly by single-family uses, duplexes, and with typical single-family residential subdivision lots ranging in size from six four thousand five hundred (64,5000) to ten thousand (10,000) square feet in size. This district is consistent with the LDR (low density residential) and RR (rural residential) land use designation of the City general plan. (Ord. 1001, §1, adopted 1998; Ord. 1216, §1, adopted 2021)
§9016 ALLOWED USES
The following uses are allowed in Low Density Residential (R-1) Districts:

Accessory buildings.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory uses normally incidental to single-family residences.

Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family.

Duplex
Fences:

A. Fences shall be limited to a maximum height of seven feet (7'). Fences exceeding seven feet (7') in height may be erected subject to the securing of a variance or associated use permit.

B. No fence shall be constructed and no hedge or other screen planting shall be grown or permitted to grow, to a height exceeding three feet (3’) within ten feet (10’) from any property line abutting a street.

Home occupations (as defined in section 9278 of this chapter).

Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter.

Low Barrier Navigation Center.

Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

A. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code.

Exhibit A

B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies.

C. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO) etc.) that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Multiple-family residential dwellings in the form of duplexes, transitional housing, and supportive housing on corner lots. Multiple-family dwellings in the form of triplexes, fourplexes, single-room occupancies (SROs), and rooming and boarding houses are prohibited. Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Single-family residential dwellings, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards in Section 9022 of this code.

Small and large family daycare homes.

Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1168, §1, adopted 2016; Ord. 1181, §5, adopted 2017; Ord. 1205, §5, adopted 2020; Ord. 1216, §1, adopted 2021) §9017 PERMITTED USES
The following uses may be permitted with the securing of a use permit:

Accredited public or private schools.

Bed and breakfast establishments.

Churches, chapels, and other places of religious assembly and instruction.

Community care facility for more than six (6) persons, but not more than twelve (12) persons.

Condominiums.

Cottage Dwelling Group, as regulated by Article 5.5 of this Chapter.

Mom and Pop Grocery Store.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) in the form of duplexes, transitional housing, and supportive housing that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter..

Outdoor sales establishments.

Parks, community gardens, and playgrounds.

Public buildings and places of temporary public assembly. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1216, §1, adopted 2021)

§9018 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Low Density Residential (R-1) Districts:

A. For single-family dwellings, two (2)multi- family dwellings and attached accessory dwelling units, a maximum height of thirty feet (30').

B. For non-residential accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building, whichever is less.

C. The height limits for both dwelling units and accessory structures may exceed the primary residential dwelling unit. The heights of ADUs are subject to Article 5.3 of this Chapter.

D. The height limits for both dwelling units and non-residential accessory structures may be exceeded with the securing of a variance. be exceeded with the securing of a use permit. The height limit for accessory dwelling unit may be exceeded through the use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. (Ord. 1001, §1, adopted 1998; Ord. 1181, §5, adopted 2017; Ord. 1216, §1, adopted 2021)
§9019 REQUIRED SITE AREA
A. Interior Lots: The required site area on interior lots in the R-1 zoning district is six four thousand (46,5000) net square feet, and the required lot width is sixty forty feet (460’).

B. Corner Lots: The required site area for corner lots in the R-1 zoning district is six seven thousand (76,000) net square feet, and the required lot width is seventy sixty feet (670’).

C. Existing Development/Density: In existing development/density there is no minimum site area.

D. Nonconforming Lots: Development may occur on existing, nonconforming R-1 lots; a site development permit is required for existing lots four thousand five hundred (4,500) square feet and less that does not already feature residential improvements. greater and a use permit is required on existing lots of less than four thousand five hundred (4,500) square feet. Minimum width in either case is forty feet (40’). (Ord. 1001, §1, adopted 1998) §9020 REQUIRED YARD SETBACKS
The purpose of establishing yard areas in the R-1 zoning district is to maintain a balance between open spaces and the efficient use of land,ensure open spaces, and a low density appearance to single-family residential neighborhoods. In Low Density Residential (R-1) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front: Fifteen Ten feet (150') for residences and accessory structures, and twenty-five feet (25') for garages.

B. Sides: Ten Five feet (105') for residences and five feet (5') for accessory structures.

C. Rear: Fifteen Ten feet (150') for residences, and five feet (5') for accessory structures.

D. Corner Lots: On corner lots, there shall be a front setback line of fifteen feet (15') on each street side of a corner lot.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The fifty percent (50%) average setback exception does not apply to accessory structures.

E. Yard Setbacks For Unique Circumstances:

1. Architectural Features: Cornices, eaves, canopies, and other similar architectural features for residential structures and accessory structures exceeding one hundred twenty (120) square feet in area may extend up to two feet (2’) into any required yardsetback.

2. Swimming Pools: Swimming pools shall not be located in front yards, and no closer than five feet (5’) to any rear or side property line.

3. Open Porches; Landing Places; Outside Stairways: Open porches, landing places or outside stairways may extend into the required front yard setback provided a minimum of fifteen feet (15’) is maintained between the stairway/landing place and the front property line. Open porches, landing places or outside stairways may extend up to two feet (2’) into any required side yard, and six feet (6’) into any required rear yard. Such porches, landing places, and outside stairways may be roofed, but shall not be enclosed with solid siding, glass, or screening materials, or otherwise made a part of the habitable portion of the structure.

4. Trellises: Trellises providing entry into property are allowed to be located within the front yard setback provided:
a. The trellis does not exceed a maximum height of ten feet (10’). b. The trellis is not more than ten feet (10’) wide.
c. The trellis is not located in the public right of way. d. The trellis does not obscure or block vehicular traffic lines of sight. e. The trellis does not impede or block pedestrian circulation. f. The trellis does not pose a threat to the public health and safety as determined by the city building inspector.
g. The trellis does not hinder the ability of the fire department from accessing the property with emergency equipment and providing emergency services.
h. A building permit is secured for the construction of the trellis, if required by the city building inspector.

Depending upon the height, size, and scale of the trellis, engineering calculations may be required.

5. Accessory Carports: May be established two feet (2’) into any required setback. (Ord. 1001, §1, adopted 1998; Ord. 1082, §1, adopted 2006; Ord. 1216, §1, adopted 2021) §9021 REQUIRED PARKING
A. The minimum parking area required in Low Density Residential (R-1) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking spaces per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this code.

B. Each required on-site parking space or garage space for single-family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth.

C. Each required on-site parking space or garage space for single-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage.

D. All driveways on corner lots shall be located a minimum distance of twenty feet (20') from the curb return. (Ord. 1001, §1, adopted 1998; Ord. 1181, §5, adopted 2017; Ord. 1205, §5, adopted 2020; Ord. 1216, §1, adopted 2021)
§9022 ADDITIONAL REQUIREMENTS & ALLOWANCES
A. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed uses on individual residential parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to standards set forth in Division 4 of this code and additional City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.

B. Effective January 1, 2022, Government Code § 65852.21 and § 66411.7 (enacted by Senate Bill 9, Statutes 2021) require local agencies to provide ministerial review, without discretion or hearing, of proposed two-unit housing developments and urban lot splits if the housing development or subdivision is within a single-family residential zone and a U.S. Census designated urbanized area or urban cluster and meets certain requirements.

The purpose of this sub-section is to establish the applicability of Government Code § 65852.21 and § 66411.7.

1. Maximum Number of Units on a Parcel Created by an SB 9 Urban Lot Split (Government Code§ 66411.7) a) No more than two dwelling units may be permitted on any lot created through an urban lot split. b) If a proposed SB 9 Urban Lot Split does not include a housing development at the time of the lot split, a note shall be recorded on the Parcel Map limiting future residential development to two dwelling units in accordance with this policy.
c) If a proposed SB 9 Urban Lot Split requests to subdivide a vacant parcel, the owner occupancy period begins once a unit is finished and livable.

2. Maximum Number of Units on a Lot Not Created by an SB 9 Urban Lot Split (Government Code § 66411.7)

1. Up to two primary dwelling units, including existing dwelling units on a parcel and units created pursuant to Government Code § 65852.21 may be permitted.

C, Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-1 district must comply with the more restrictive standards identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning. (Ord. 1216, §1, adopted 2021)
§9023 DETERMINATION OF APPROPRIATE USE
A. Whenever a use is not listed in this article as a use permitted by right or a use subject to a use permit in the R-1 zoning district, the Community Development Planning Director shall determine whether the use is appropriate for the zoning district, either as a right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:

1. The use would not be incompatible with other existing or allowed uses in the R-1 zoning district;

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

3. The use would be in harmony and consistent with the purpose of the R-1 zoning district.

4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. (Ord. 1001, §1, adopted 1998; Ord. 1216, §1, adopted 2021. Formerly 9022)

1 Ord. 793, §2, adopted 1982; Ord. 803-A, §1, adopted 1983; Ord. 813, §1, adopted 1983; Ord. 813, §2, adopted 1983; rep. by Ord. 1001, §1, adopted 1998.

ARTICLE 4. REGULATIONS IN MEDIUM DENSITY RESIDENTIAL (R-2) DISTRICTS 1 SECTION:
§9030 Purpose And & Intent
§9031 Allowed Uses
§9032 Permitted Uses
§9033 Building Height Limits
§9034 Required Site Area
§9035 Required Yard Setbacks
§9036 Required Parking
§9037 Additional Requirements
§9038 Determination Of of Appropriate Use
§9030 PURPOSE AND INTENT
The Medium Density Residential Zoning District is intended to provide land area and opportunities for a range of densities and a variety of housing types, including single-family and multiple-family residential development, and townhomes. The maximum density is one to fifteen (15) dwelling units per acre of land. The R-2 district is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses. The R-2 zoning district is consistent with the MDR (medium density residential) general plan land use designation. (Ord. 1001, §1, adopted 1998; Ord. 1189, §1, adopted 2018; Ord. 1216, §2, adopted 2021)
§9031 ALLOWED USES
The following uses are allowed in Medium Density Residential (R-2) Districts:

Accessory buildings and accessory uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Community care facility, which provides service for six (6) or fewer persons. (maximum clients – six (6)).

Duplex
Home occupations (as defined in section 9278 of this code).

Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter.

Low Barrier Navigation Center.

Single-family dwellings, including manufactured/modular homes, transitional housing, and supportive housing.

Manufactured/modular homes shall comply with the additional development standards set forth in section 9037 of this Code..

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, and single-room occupancies (SRO), etc.) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Small and large family child daycare homes.

Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §6, adopted 2020; Ord. 1216, §2, adopted 2021)

§9032 PERMITTED USES
The following uses may be permitted in Medium Density Residential (R-2) Zoning Districts subject to first securing a use permit:

Accredited public or private schools.

Bed and breakfast establishments.

Churches, chapels, and other places of religious assembly.

Community care facility for more than six (6) persons, but not more than twelve (12) persons.

Dwelling groups that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter.

Mom and Pop Grocery Store
Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter. Multiple-family dwellings that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division.

Outdoor sales establishment.

Parks, community gardens, and playgrounds.

Professional office converted from a single-family residence.

Rest homes, convalescent services, and other residential medical facilities.

Single-family dwelling on a three thousand (3,000) square foot lot (one side zero lot line and one side five-foot (5') setback; provided, that zero lot lines are contiguous).

Social halls, lodges, public buildings, and places of temporary public assembly.

Temporary uses meeting the purpose and intent of the R-2 zoning district. The temporary use shall be for a maximum period of six (6) months, and shall be subject to permit renewal/time extension at the discretion of the Community Development Planning Director. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021) §9033 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Medium Density Residential (R-2) Districts:

A. For main buildings a maximum height of thirty-five feet (35').

B. For non-residential accessory buildings, a maximum height of twenty feet (20') or the maximum height of the main building, whichever is less.

C. The height limits for main buildings and accessory structures may be exceeded with the securing of a use permitVariance.

D. The heights of ADUs are subject to Article 5.3 of this Chapter. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021)
§9034 REQUIRED SITE AREA
In Medium Density Residential (R-2) Districts there is no required building site area. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021)

§9035 REQUIRED YARD SETBACKS
In Medium Density Residential (R-2) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for primary and accessory structures, and twenty-five feet (25') for garages.

2. Multiple-Family Dwellings: Ten feet (10') for multiple-family primary and accessory structures, and twenty-five feet (25') for garages.

B. Sides:

1. Single-Family Dwellings: Ten feet (10'), except as provided in section 9032 of this code.

2. Multiple-Family Dwellings: Five feet (5'), for multiple-family dwellings except for those multiple-family projects that comply with all the design and development standards set forth in Chapter 2, Article 5.2 of this division.

C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.

D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10') on each street side of a corner lot.

E. Special Yards And Distances Between Buildings: Minimum widths shall be as follows:

1. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The distance between any structures in any dwelling group shall be a minimum of ten feet (10') for single-story and multi-story structures.

2. Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021)
§9036 REQUIRED PARKING
A. The minimum parking area required in Medium Density Residential (R-2) Districts is as follows:

1. Single-Family Dwelling: Two One (21) on-site parking spaces per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Multiple-Family Dwelling: One (1) on-site parking space per unit.

4. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this code.

B. Each required off-street parking space or garage space for multiple-family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth. Thirty percent (30%) of the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (eight feet (8') in width and sixteen feet (16') in length).

C. Each required off-street parking space or garage space for multiple-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage.

D. All driveways on corner lots shall be located a minimum distance of twenty feet (20') from the curb return.

E. Relief from the parking requirements in the R-2 zoning district may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, or general welfare of the public. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021) §9037 ADDITIONAL REQUIREMENTS
A. A site development permit is required for development of more than a single duplex. However, multiple-family residential projects described in section 9031 of this code that are in compliance with the design and development standards set forth in Chapter 2, Article 5.2 of this division are exempt from this requirement.

B. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.

C. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation.

Drought resistant and native plants shall constitute the majority of the plantings selected. Native species are strongly encouraged.
b. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.
d. Parking lots shall have a perimeter planting strip with bothfeaturing drought resistant trees and shrubs.

e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.
f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel unless, based upon the small size of a parcel, it would be unreasonable and illogical. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for residential development projects shall be adequately maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.
k. The Community Development Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

D. Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-2 district must adhere to the more restrictive criteria identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning (Ord. 1001, §1, adopted 1998; Ord. 1168, §3, adopted 2016; Ord. 1216, §2, adopted 2021). §9038 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted by right or a use subject to a use permit in the R-2 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:

A. That the use would not be incompatible with other existing or allowed uses in the R-2 Zoning District; B. That the use would not be detrimental to the continuing residential development of the area in which the use would be located; and
C. That the use would be in harmony and consistent with the purpose of the R-2 Zoning District.

D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. (Ord. 1001, §1, adopted 1998) 1 Ord. 793, §2, adopted 1982; rep. by Ord. 1001, §1, adopted 1998.

ARTICLE 5. REGULATIONS IN HIGH DENSITY RESIDENTIAL (R-3) DISTRICT1 SECTION:
§9045 Purpose And & Intent
§9046 Allowed Uses
§9047 Permitted Uses
§9048 Building Height Limits
§9049 Required Site Area For Mobile Home Parks
§9050 Required Yard Setbacks
§9051 Required Parking
§9052 Additional Requirements
§9053 Determination Of of Appropriate Use
§9045 PURPOSE AND INTENT
The purpose of the R-3 zoning district is to implement the general plan policies for high density residential areas as a transition zone between low and medium density residential and commercial land uses with the emphasis upon residential uses. It is intended to provide opportunities for a mix of multiple-family residential development and low intensity commercial land uses. The R-3 zoning district is consistent with the HDR (high density residential) general plan land use designation. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9046 ALLOWED USES
The following uses are allowed in High Density Residential (R-3) Districts:

Accessory buildings and accessory uses. This shall not be construed as permitting any business use or occupation other than those specifically listed herein.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family..

Duplex
Home occupations (as defined in section 9278 of this chapter).

Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter.

Low Barrier Navigation Center.

Public or private parking lots for automobiles, when the property is adjacent to any C-N, C-1, or C-2 district, or if required to accompany any new land use.

Single-family dwellings, including manufactured/modular homes, transitional housing, and supportive housing.

Manufactured/modular homes shall comply with the additional development standards in section 9052 of this code.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO), etc.s) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Small and large family daycare homes.

Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §7, adopted 2020; Ord. 1216, §3, adopted 2021)
§9047 PERMITTED USES
The following uses may be permitted in High Density Residential (R-3) Districts subject to first securing a use permit:

Barbershops, beauty shops.

Churches, chapels, and other places of religious assembly.

Coin-operated laundromat.

Dwelling groups, as regulated by Article 5.5 of this Chapter..

Florist.

Hotels, motels, and bed and breakfast establishments.

Mobile home parks.
"Mom and pPop" convenience grocery stores, delicatessens, bakeries, and coffee shops.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this ChapterMultiple-family dwellings that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division.

Nursery schools.

Parks, community gardens, and playgrounds.

Professional offices.

Public buildings.

Public or private parking lots for automobiles
Rest homes, hospitals, pharmacies, and community care facilities serving more than six (6) persons, but not more than twelve (12) persons.

Video rentals/sales. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9048 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in High Density Residential (R-3) Districts:

A. For main buildings a maximum height of fifty feet (50'), unless abutting an R-1 or R-2 lot in which case a maximum height of thirty-five feet (35').

B. For accessory buildings, a maximum height of thirty feet (30') or the maximum height of the main building whichever is less. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9049 REQUIRED SITE AREA FOR MOBILE HOME PARKS
A. In High Density Residential (R-3) Districts there is no required building site area.

B. The required building site area for each mobile home park shall be a minimum of two (2) acres. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021)
§9050 REQUIRED YARD SETBACKS
In High Density Residential (R-3) Districts, yards shall be required in the following minimum widths, except as provided in section 9032 of this code:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for dwellings and accessory structures, and twenty-five feet (25') for garages.

2. Multiple-Family Dwellings: Ten feet (10') for multiple-family dwellings. and accessory structures, and twenty-five feet (25') for garages.

B. Sides: Five feet (5'), except for those multiple-family dwelling projects that comply with all the design and development standards in Chapter 2, Article 5.2 of this division.

C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-Story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10') on each side of the property facing a street.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.

E. Special Yards and Distances Between Buildings: Minimum widths shall be as follows:

1. The distance between any structures in any dwelling group shall be a minimum of ten feet (10').

21. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall applyAny side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021)
§9051 REQUIRED PARKING
A. The minimum parking area required in High Density Residential (R-3) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking spaces per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Multiple-Family Dwelling: One (1) on-site parking space per unit.

4. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this Code.

B. Each required off-street parking space or garage space for multiple-family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth. Thirty percent (30%) of the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (eight feet (8') in width and sixteen feet (16') in length).

C. Each required off-street parking space or garage space for multiple-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage.

D. All driveways on corner lots shall be located a minimum distance of twenty feet (20') from the curb return.

E. Relief from the parking requirements in the R-3 zoning district may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, and general welfare of the public. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9052 ADDITIONAL REQUIREMENTS
A. All new construction, exterior modifications to existing buildings or on-site work shall require a site development permit pursuant to subsection 9261B of this code, excluding multiple-family residential projects, as described in section 9046 of this code, that comply with the design and development standards in Chapter 2, Article

5.2 of this division.

BA. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.

C.B All development projects that are not multiple-family residential projects, or do not comply with the design and development standards in Chapter 2, Article 5.2 of this division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project.

Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation.

Drought resistant and native plants shall constitute the majority of the plantings selected.Native species are strongly encouraged.
b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access.
c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.
d. Parking lots shall have a perimeter planting strip with bothfeaturing drought resistant trees and shrubs. e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than three feet (3') in width within landscaped areas and/or separated from

automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.
k. The Community Development Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

C. Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-3 district must adhere to the more restrictive criteria identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning (Ord. 1001, §1, adopted 1998; Ord. 1168, §3, adopted 2016; Ord. 1216, §3, adopted 2021) §9053 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a use permit in the R-3 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:

A. That the use would not be incompatible with other existing or allowed uses in the R-3 Zoning District; B. That the use would not be detrimental to the continuing residential development of the area in which the use would be located; and
C. That the use would be in harmony and consistent with the purpose of the R-3 Zoning District.

D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. (Ord. 1001, §1, adopted 1998) 1 Ord. 793, §2, adopted 1982; Ord. 817, §1, adopted 1983; Ord. 827, §1, adopted 1984; rep. by Ord. 1001, §1, adopted 1998.

PROPOSED - ARTICLE 5.5 REGULATIONS FOR DWELLING GROUPS
SECTION:
§9058 Purpose
§9058.1 Applicability
§9058.2 Permit Requirements
§9058 PURPOSE
This Article implements the provisions of the General Plan Housing Element that encourage new types of housing that meet a wide variety of needs and encourage infill projects on underutilized urban land. As defined, ‘Dwelling Groups’ is a group of three or more single-family residences or two or more detached duplex buildings, apartments, condominiums, and occupying a parcel of land in the same ownership and having any yard or court in common.

Cottage dwelling groups are a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent lowdensity residential uses. §9058.1 APPLICABILITY
This section applies to dwelling groups where allowed or permitted.

1. Dwelling groups are considered a form of multi-family housing. Within the R2 (Medium Density Residential) and R3 (High Density Residential) Zoning Districts, Dwelling Groups are an allowed use if adhering to Article 5.2 (Objective Design and Development Standards for New Residential Construction).

2. Dwelling groups must meet the development criteria of the base zone.

3. Cottage dwelling groups are permitted in the R1 (Low Density Residential) Zoning District. Cottage dwelling groups must meet the development criteria of the base zone, as well as the additional standards and exceptions outlined below.
a. Cottage dwelling groups may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a cottage dwelling group only if the single-family residence is included in the total floor area allowance below.
b. Occupancy. Dwelling groups may not be rented on a transient basis (periods less than thirty (30) days).
c. Siting Requirements.
i. Airport Compatibility. The proposed site shall not be located on any parcel that features airport compatibility Zones 1 (Runway Protection Zone), 2 (Inner Approach/Departure Zone), 3 (Inner Turning Zone) or 5 (Sideline Zone).
ii. Minimum parcel size. The minimum parcel size shall be nine thousand (9,000) square feet.
iii. Setbacks. Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10'). d. Parking. One (1) reserved space per unit, and (1) guest parking space for every 3 units or portion thereof.
e. Accessory structures that serve on-site users and are subordinate in use and scale to the cottages (e.g. accessory storage, garages, etc.) are allowed subject to setback requirements for accessory structures.

f. Design and Development Standards. Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions:
i. Density. On parcels that meet the minimum parcel size, the maximum density shall be one (1) cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.
ii. Size. The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes are allowed by approval of a use permit. g. Site Layout.
i. Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.

1. Cottages should generally be no more than twenty-five feet (25') from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.

2. Orientation. Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged.
§9058.2 PERMIT REQUIREMENTS
All cottage housing developments are subject to a Use Permit within the R1 zoning district. A Site Development Permit is required for any ‘Dwelling Group’ in the R2 and R3 zoning districts that does not comply with the design and development standards as required by Chapter 2, Article 5.2.

ARTICLE 21: DEFINITIONS
SECTION:
§9275 Purpose
§9276 Application
§9277 Terminology
§9278 Definitions
§9278 DEFINITIONS
A. Any words or phrases not defined within this article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the Community Development City Planning Director shall have the authority to define the term or equate it to a defined term that is similar in nature.

B. For purposes of this article, the words and phrases set out herein shall have the following meanings Dwelling Group, Cottage: A form of ‘Dwelling Group’ that features smaller units with shared parking and common open areas within existing low- and medium-density urban residential neighborhoods.

Duplex - Stacked: A small (2 to 2.5-story), detached structure that consists of two dwelling units arranged one above the other, each with an entry from the street. This type has the appearance of a small-to-medium single-unit house Duplex – Side-by-Side: A small (1 to 2-story), detached structure that consists of two dwelling units arranged sideby-side, each with an entry from the street.

Townhouse: A small-to medium-sized attached structure that consists of 2 to 16 multi-story dwelling units placed side-by-side. Entries are on the narrow side of the unit and typically face a street or courtyard. The street façades have entrances and avoid garages.

Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
Draft Findings of Consistency:

Missing Middle Ordinance
CEQA Section 15183 Statutory Exemption
September 13, 2024
SCH No: XXXXXXXXXX
Prepared by:

City of Ukiah
Community Development Department
Planning Division
300 Seminary Avenue, Ukiah, CA 95482
www.cityofukiah.com/community-development/planning-services/ ATTACHMENT 3

2 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
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Table of Contents
I. PROJECT INFORMATION 3
II. INTRODUCTION 4

1. Purpose of the 15183 Findings of Consistency 4

2. Ukiah 2040 General Plan EIR 4
III. PROJECT BACKGROUND 5

1. Project Location 5

2. Environmental Setting 6

3. Background 6

4. Project Elements 8
IV. EVALUATION OF ENVIRONMENTAL EFFECTS 8

1. Density 9

2. Effects 9

3. Impacts 10

4. Cumulative Impacts 10

5. New Information 11
V. DETERMINATION 11
VI. APPENDICES 13

3 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
I. PROJECT INFORMATION
Project Title: Missing Middle Ordinance
Lead Agency Address and Phone Number:

City of Ukiah
Community Development Department
300 Seminary Avenue
Ukiah, California 95482
CEQA Contact Person and Phone Number:

Katherine Schaefers, Planning Manager
City of Ukiah, Community Development Department
(707) 463-6203
[email protected]
Applicant: City of Ukiah
Property Owner: City of Ukiah
Project Location: City-wide within the R1, R2, and R3 zoning districts General Plan Designation: Low Density Residential (LDR), Medium Density Residential (MDR), High Density Residential (HDR)
Zoning Designation: Low Density Residential (R1), Medium Density Residential (R2), High Density Residential (R3)

4 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
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II. INTRODUCTION

1. Purpose of the 15183 Findings of Consistency
California Public Resources Code section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183 provide an exemption from additional environmental review for projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

Section 15183 specifies that examination of environmental effects shall be limited to those effects that:
(1) Are peculiar to the project or the parcel on which the project would be located, and were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent,
(2) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or
(3) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

Section 15183(c) further specifies that if an impact is not peculiar to the parcel or to the proposed project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for that project solely on the basis of that impact.

2. Ukiah 2040 General Plan EIR
The Ukiah 2040 General Plan and its associated EIR (SCH# 2022050556) were certified in December 2022. Ukiah 2040 designates land uses defining the type and amount of development that can occur throughout the City and proposed annexation areas through the planning horizon year of 2040 (over approximately 18 years). Ukiah 2040 also includes increased residential densities (number of units) and building intensities (floor area ratio [FAR]) for certain land use designations compared to the existing density and intensity thresholds. Development projections for the project were determined by analyzing vacant and underutilized parcels with the buildout capacity potential that is allowed under the applicable updated land use designations, the incorporation of annexation areas being pursued by the City of Ukiah, and the development of mixed-use designated areas anticipated under Ukiah 2040. Based on the potential land use changes, the project has a maximum buildout potential of an additional 2,350 housing units and an additional 4,514,820 square feet of non-residential use. Overall, Ukiah 2040 would promote infill development; the redevelopment of abandoned, obsolete, or underutilized properties; and the adaptation of existing residential units to support multi-family use. (City of Ukiah, 2022) The Ukiah 2040 General Plan EIR comprehensively evaluated environmental impacts that would result from the General Plan’s implementation, including information related to existing site conditions, analyses of the types and magnitude of project-level and cumulative environmental impacts, and feasible mitigation measures that could reduce or avoid environmental impacts.

5 Missing Middle Ordinance
Draft Findings of Consistency
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III. PROJECT BACKGROUND

1. Project Location
The Missing Middle Ordinance (Heretofore known as the “Project”) includes zoning changes affecting low, medium and high density (R1-R3) zoned properties within the City of Ukiah limits.

See Exhibit 1, Land Use Map.

EXHIBIT 1: City of Ukiah – Land Use Map

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2. Environmental Setting
The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities. Further west is undeveloped open space, and steep, densely vegetated areas interspersed with rural residential lots within the Western Hills and Mendocino County’s jurisdiction.

The City of Ukiah sits in the Ukiah Valley in central Mendocino County, with elevations varying from approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding the city. Ukiah is located along the Highway 101 corridor and near the east/west intersection of Highway 20, two hours north of the Golden Gate Bridge. The City of Ukiah is situated within the Coast Range geologic province. The North Coast Range is comprised of a geologic feature unique to California, the Franciscan Formation, which dictates the vegetative communities. The Franciscan Formation is comprised of serpentine, sandstone, and other sedimentary rocks. This area is characterized by a Mediterranean climate; the winters are cool and wet, and the summers are hot and dry. Annual temperatures for this region range from about 30 to 100 degrees Fahrenheit. The Ukiah Valley is located approximately 30 miles east and inland from the Pacific Ocean. It runs north-south for approximately nine miles, with a maximum width of three miles. The Russian River enters the valley at the north end and runs south along the valley floor.

3. Background
Ukiah 2040 General Plan
The Project is proposed to carry out the vision of incorporating ‘Missing Middle Housing’ found within the Ukiah 2040 General Plan. While housing and residential neighborhoods form the fabric that makes the City of Ukiah a cohesive community, finding a place to call home can sometimes be challenging. The City is not affordable for some prospective residents, and the range of housing types and sizes to accommodate varied households is limited. The domination of singlefamily neighborhoods and the trend towards building single-family homes geared toward higherincome earners has further contributed to the housing issues in the City. The State of California has been working with communities to help meet the number and affordability of housing units needed in the State. As part of the Housing Element process, the State dictates the number of units, at a variety of income levels, for which each region must plan. This process has analyzed the City of Ukiah’s capacity for additional housing at 239 units, with 161 earmarked for very-low and low-income and 165 for moderate and above-moderate. To address the diversity of housing needed in Ukiah and meet the requirements of State law, the City of Ukiah strives for communities that are a heterogenous mix of housing types and price points. This housing, which lies between the low end of Medium Density Residential (MDR – 1-14 units/acre) and the high end of High Density Residential (HDR – 1-28 units/acre) is often referred to as “Missing Middle” housing and can include a mix of housing types including duplexes, triplexes, fourplexes, cottage courts/clusters, and townhomes (See Exhibit 2, Missing Middle Housing).

As discussed below, and part of the 2040 General Plan, a goal and policies are included to support the development of Missing Middle Housing within existing Ukiah neighborhoods. Exhibit 2 illustrates this concept using a variety of Missing Middle Housing types. In the graphic, the two blocks were laid out to be identical relative to lot lines and existing structures, with the dwelling units shaded in white being existing dwelling units in a variety of sizes, but all being single-family detached homes. The portion of the graphic on the bottom (labeled “With Missing Middle

7 Housing”) shows that same block with future development. The white shaded structures are those current units remaining and the gold shaded structures are new Missing Middle Housing types.

Some are in addition to existing structures (“A” and “F”), one is a replacement structure on an existing lot (“C”), and two show the consolidation of two lots to create one larger lot (“B” and “D”). (City of Ukiah, 2022).

EXHIBIT 2: Missing Middle Housing (City of Ukiah 2040 General Plan) Senate Bill 9 and Development Implications
To continue to stimulate housing, specifically Missing Middle Housing, and remove barriers by local government for expedited housing production, the State enacted Senate Bill 9 (SB 9). SB 9 creates a ministerial approval process for lot splits and duplex construction on parcels zoned for single-family uses, if the project meets specified requirements. Duplex construction or lot splits cannot demolish deed-restricted affordable housing or housing occupied by tenants in the past three years or occur in an historic district. Local governments may impose objective standards, unless they preclude the construction of two units or a lot split. Local agencies may require up to one parking space per unit, unless the parcel is within a half mile of a major transit stop or highquality transit corridor (similar to ADU requirements).

Housing created pursuant to these provisions cannot be rented for terms shorter than 30 days (no vacation rentals). Applicants for lot splits must sign an affidavit declaring their intent to occupy one of the lots for at least three years, unless the applicant is a community land trust or nonprofit.

Local agencies may deny an application for a duplex or lot split if it makes written findings of an adverse impact on public health, safety, or the physical environment. Local governments must identify units constructed pursuant to these provisions in their housing element Annual Progress Report. (City of Ukiah, 2022).

Ukiah 2040 General Plan Goals and Policies
Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

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Draft Findings of Consistency
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To promote the vision for Missing Middle Housing types, the Ukiah 2040 General Plan includes the following goal and policies.

Goal LU-9 To provide opportunities for housing that can accommodate the needs, preferences, and financial capabilities of current and future residents in terms of different housing types, tenures, density, sizes, and costs.

Policy LU-9.1 Mixed Residential Neighborhoods
The City shall encourage creation of mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Ukiah households and expand housing choices in all neighborhoods. These housing types include, but are not limited to, single dwelling units, multi-family dwelling units, accessory dwelling units, small and micro units, use of pre-fabricated homes, and clustered housing/cottage housing
Policy LU-9.2 Housing Types and Designs
The City shall support housing types and designs that increase density while remaining consistent with the building scale and character present in existing neighborhoods. This includes multi-family units or clustered residential buildings that provide relatively smaller, less expensive units within existing neighborhoods.

Policy LU-9.3 Adaptation of Existing Residential Units
The City shall encourage the adaptation of existing residential units to support multi-family use.

4. Project Elements
The zoning code amendments proposed in the Project are consistent with the Ukiah 2040 EIR and General Plan as described above. A summary of the proposed amendments is provided in Appendix A. The proposed Ordinance Amendment will not require an amendment to the City of Ukiah’s 2040 General Plan EIR, as discussed below under IV. Evaluation of Environmental Impacts. In addition, no development or physical changes to the environment are proposed.

IV. EVALUATION OF ENVIRONMENTAL EFFECTS
The following findings are made in compliance with CEQA Section 15183 – Project consistent with a Community Plan or Zoning.

Section 15183 of the State CEQA Guidelines states that a project shall qualify for an exemption if the following findings can be made:
1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. 2) There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects. 3) There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects.
4) There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate.

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5) There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

A discussion of staff’s finding of each potential environmental effect is provided below.

1. Density
The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified.

Finding
The Project is consistent with the development density established by the Ukiah 2040 General Plan.

Discussion
Article 4 (R1) Low Density Residential District
In the Low Density Residential Zone, the minimum lot size is proposed to be reduced to 4,500sf (from 6,000sf). The total area for Low Density Residential zoning within the City of Ukiah is 626 acres, or 23.7% of the City area. The maximum density allowance in the Ukiah 2040 General Plan for Low Density Residential is 15 dwelling units per acre. The density incurred by the change from 6,000 sf to 4,500 sf is shown below. As 9.68 still falls well below the maximum density of 15 dwelling units/acre, this proposed change remains consistent with the development density of the Ukiah 2040 General Plan.

Table 1
Maximum Density in the R1 Zone
Lot Size (sf) Max Density (du/ac)
Current R1 Zoning Density 6,000 7.26
Proposed R1 Zoning Density 4,000 9.68
The introduction of ‘Missing Middle Housing’ in the form of ‘cottage dwelling groups’ and duplexes in the Low Density Residential Zone would not increase density, as they would be held to the same density standards as single-family homes, as illustrated in Exhibit 2.

The remainder of the zoning ordinance amendments offer no changes to density. In the Medium Density Residential Zone, a remnant phrase that accorded to the prior General Plan “The maximum density is one to fifteen (15) dwelling units per acre of land” has been removed. The remaining language enables this zoning category to be consistent with the Ukiah 2040 General Plan.

2. Effects
There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects Finding
All potential impacts from the Project were evaluated with the Ukiah 2040 EIR. The proposed ordinance has no unique features that were not evaluated within the General Plan EIR.

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Discussion
The language changes and minor additions, rearrangements and deletions within Appendix A are directly applicable to the Ukiah 2040 General Plan vision of incorporating a more heterogenous mix of housing types and price points within the City’s residential zoning districts. For example, the inclusion of duplexes and multiple-family dwellings as an allowed use, pursuant to applicable design and development standards, removes barriers for low and moderate-income households to be more easily established in zoning designed for traditional single-family housing. In addition, the incorporation of landscaping standards in the Medium Density Residential and High Density Residential districts accord directly with the Ukiah 2040 EIR LU-11.10 Water Efficient Landscaping goal, The City shall ensure that Zoning Code landscape standards and design guidelines reflect the most current water efficient landscape standards that include native, adaptive, and drought resistant vegetation, as well as provisions for street canopies and streetscape enhancement. (City of Ukiah, 2022)

3. Impacts
There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects
Finding
There is no new information as a result of the proposed ordinance amendments that would result in more severe impacts. The amendments are consistent with the Ukiah 2040 General Plan density and land use designations for Low Density Residential, Medium Density Residential and High Density Residential. All potential impacts were evaluated with the General Plan EIR.

Discussion
Even though changes to height and setbacks are not specifically mentioned by name in the Ukiah 2040 General Plan goals and policies for ‘Missing Middle’ housing, these changes are implied within Policy LU-9.1 and LU-9.3 in the ability to expand housing choices and increasing density while maintaining the building scale and character present in existing neighborhoods. The setback and height modifications are minor and would more easily allow the implementation of LU-9.1 and LU-9.3.

To the same point, Low Barrier Navigation Centers are also included as allowed pursuant to Government Code sections 65660-65668, and even though not expressly discussed within the Ukiah 2040 General Plan, these and would follow the same density, regulations, and land use patterns of the other housing types in each residential zone.

4. Cumulative Impacts
There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate
Finding
There are no potentially significant offsite and/or cumulative impacts as a result of the proposed ordinance amendments.

Discussion
The Project is consistent with the density and use characteristics of the development considered by the Ukiah 2040 EIR. The EIR considered the incremental impacts of introducing ‘Missing Middle’ housing and no potentially significant off-site or cumulative impacts have been identified which were not previously evaluated.

5. New Information
There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR
Finding
There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

Discussion
There is no new information as a result of the proposed ordinance that would result in more severe impacts. This zoning amendments are consistent with the Ukiah 2040 General Plan density and Land Use element. All potential impacts were evaluated with the Ukiah 2040 General Plan EIR.

Reducing setbacks, lot standards, and parking requirements Reduction of existing standards is crucial for facilitating the development of ‘Missing Middle’ housing in the City of Ukiah. These regulatory adjustments help to create more flexible and affordable housing options by allowing for previously approved densities in the 2040 General Plan to be applied on existing lots, reducing the barriers for property owners and developers to build diverse housing types like duplexes, triplexes, and townhomes. Staff has proposed reductions in these standards to align with existing allowances for accessory dwelling units (ADUs) and nonconforming structures as currently conveyed in various zoning articles, promoting infill development and increasing the availability of moderate-income housing. No setback is reduced by more than 5’, although some requirements are consolidated to the least restrictive consideration. These changes aim to support the City's General Plan housing goals by creating more opportunities for sustainable, walkable, and diverse neighborhoods while still maintaining consistency with existing regulations.

Landscaping (R2 & R3):

Minor updates to the landscaping standards included within the R2 & R3 zoning districts were updated to reflect Ukiah 2040 General Plan goals as discussed above. Drought resistant and native plants shall constitute the majority of plantings selected for developments that do not comply with the City’s Objective Design and Development Standards. Notably, any residential construction that utilizes the City’s Objective Design and Development Standards must provide landscaping commiserate with the expectations of the 2040 General Plan.

V. DETERMINATION
Summary of Findings: Section 15378 of the California Environmental Quality Act (CEQA) defines a “Project” as an activity that (1) is a discretionary action by a governmental agency; and 11 Missing Middle Ordinance
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(2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub.

Res. Cod, § 21065). “Project” means the whole of the action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: An activity directly undertaken by any public agency including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700.

The Project includes zoning code amendments to the City of Ukiah’s Municipal Code in order to enact the goal and policies of the Ukiah 2040 EIR and General Plan regarding ‘Missing Middle Housing’. In implementing this housing type, the amendments are designed to also aid in meeting the City’s Regional Housing Needs Allocation (RHNA) by removing barriers (increasing maximum height, decreasing minimum site area, decreasing setbacks, parking) incurred by the existing residential zoning codes to promote a range of housing types and sizes to accommodate varied households.

While the Project is intended to facilitate housing development within the City of Ukiah, it does not include specific development designs or proposals, nor does it grant any entitlements for development. Development could also result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the location, intensity, siting, and timing of such development is unknown.

All future development associated with the proposed zoning code amendments would be in residential or zoning districts where housing development is already generally allowed by right, or with an approved use permit and/or site development permit. Development could also result in impacts to the physical environment depending on location, intensity, and other siting factors. All future development would be analyzed on a project level basis for consistency with land use policies and development standards and would be subject to Building Permits for consistency with building and safety codes. In addition, depending on the type of development, location, and zoning district, future development could also require discretionary and environmental review of their individual and cumulative environmental impacts, as applicable.

In accordance with CEQA Guidelines Section 15183, the Project qualifies for an exemption because the following findings can be made:
1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. 2) There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects. 3) There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects.
4) There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate.
5) There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

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Signature Date
Katherine Schaefers, Planning Manager
Community Development Department
City of Ukiah
[email protected]
VI. APPENDICES
Appendix A
Summary of Proposed Ordinance Amendments
9/13/2024

Appendix A
Summary of Proposed Ordinance Amendments

PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) Density
Change wording to include density as
consistent with RR (rural residential)
along with LDR of the City general
plan.

Conform the allowed
density for the R-2 Zoning
District to the 2040 MDR
Land Use Designation
(Remove 15 du/acre limit;
thereby allowing
conformance with the 2040
UKGP of 15 – 28 du/acre)
No change Same as base zone
Allowed/
Permitted
Uses
Remove language qualifying
accessory uses as normally incidental
to single-family residences
Remove language qualifying residents
and operators of community care
facilities being considered a family
Allow the securing of a variance for
Fences over 7’ as an alternative for a
use permit, if a use permit is not
required.

Remove duplicative language
regarding manufactured homes
Allow Low Barrier Navigation Centers
subject to the same density and regs
as residential dwellings of the same
type pursuant to Gov. Code 65660-
65668
Include triplexes, fourplexes,
multiplexes, condominiums,
apartments, townhomes, courtyard
buildings, cottage courts, dwellingInclude duplexes as an allowed use
Include Transitional and
Supportive housing allowed
subject to same density
and regs as residential
dwellings of same type
(Ord. 1216)
Allow Low Barrier
Navigation Centers subject
to the same density and
regs as residential
dwellings of the same type
pursuant to Gov. Code
65660-65668
Include Mom and Pop
Grocery Store as permitted
(UP)
Include Dwelling Groups as
permitted (miUP)
Include triplexes,
fourplexes, multiplexes,
condominiums, apartments,
Remove language
qualifying residents and
operators of community
care facilities being
considered a family
Include duplexes as an
allowed use
Include Transitional and
Supportive housing
allowed subject to same
density and regs as
residential dwellings of
same type (Ord. 1216)
Allow Low Barrier
Navigation Centers
subject to the same
density and regs as
residential dwellings of
the same type pursuant
to Gov. Code 65660-
65668
Dwellings groups not meeting the
design and development standards in
R2 and R3 must obtain a Site
Development Permit.

Include Cottage Dwelling Groups as
permitted (UP) in R1 meeting the
development criteria in Article 5.5.

A Site Development Permit is required
in R2 and R3 for any Dwelling Group
that does not comply with the design
and development standards as
required by Chapter 2, Article 5.2
Include Cottage Dwelling Groups as
not allowed on a parcel already
containing an ADU/JADU, or
developed with a duplex, triplex,
apartment, or condominium.

Include a parcel containing a singlefamily residence may be developed as a cottage dwelling group only if the
single-family residence is included in
the total floor area allowance of 2700
square feet.

2 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) groups, and single-room occupancies
in the definition of ‘multiple-family
dwellings’ as allowed if compliant with
design and development standards of
Chapter 2, Article 5.2
Include Condominiums, Cottage
Dwelling Groups, and Mom and Pop
Grocery Stores as permitted (UP)
Require multiple-family dwellings to
obtain a Site Development Permit if
they do not comply with Chapter 2,
Article 5.2
townhomes, courtyard
buildings, cottage courts,
dwelling-groups, and
single-room occupancies in
the definition of ‘multiplefamily dwellings’ as allowed if compliant with design and
development standards of
Chapter 2, Article 5.2
Remove requirement for a
permitted UP on a SFD on
a 3,000 square foot lot
Include community care
facilities as a permitted
use, serving between 6-
12 people
Require multiple-family
dwellings to obtain a Site
Development Permit if
they do not comply with
subsection 9261B
Include public/private
parking lots as a
permitted use
Building
Height Limits
Change to restrict non-residential
accessory buildings to a height of 20’
or maximum height of main building.

Change to allow residential accessory
buildings to exceed the height of the
primary residential building.

Include language referencing heights
of ADUs and JADUs as codified in
Chapter 2 Article 5.3 and Article 5.4.

Change to allow dwelling and nonresidential accessory structures to exceed height limits by securing a
variance (not a Use Permit)
Change to restrict nonresidential accessory
buildings to a height of 20’
or maximum height of main
building.

Change to allow residential
accessory buildings to
exceed the height of the
primary residential building.

Change to allow dwelling
and non-residential
accessory structures to
exceed height limits by
securing a variance (not a
Use Permit)
Change to restrict nonresidential accessory
buildings to a height of
30’ or maximum height of
main building.

Same as allowed in base zone (R1,
R2, or R3)

3 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) Required Site
Area
Reduce minimum lot sizes from 6,000
square feet to 4,500 square feet;
Reduce corner lot width down to 6,000
(from 7,000) and width down to 60’
(from 70’)
Interior lot width down to 40’ (from 60’)
Clarification that a (minor) site
development permit (not a Use
Permit) is required for existing lots
4,500 square feet and less
Remove site development permit
requirement for existing lots 4,500
square feet and greater
Remove requirement that
nonconforming lots must be at least
40’ in width.

Remove qualification of
building site area
Minimum lot size 9,000 square feet.

Maximum one cottage/2,500 square
feet of lot area
2,7000 total building square footage
Required Yard
Setbacks
Front: Change to 10’ for residences
(from 15’) and accessory structures,
remove requirement for garages
Sides: Change to 5’ for residences
(from 10’)
Rear: Change to 10’ for residences
(from 15’)
Corner lots: Change to 10’ (from 15’)
Corner lots: Include accessory
structures in the exception if 50% of
the same side of the block is already
Change in wording to
include all primary and
accessory structures,
reducing front to 10’, side to
5’, and rear to 10’
Insert exception to corner
lot 10’ front setback if 50%
of the same side of the
block is already built out,
then average setback
should apply
Front: Change to 10’ for
residences (from 15’),
remove requirement for
garages and accessory
structures
Sides: Remove
requirement for garages
and accessory structures
Rear: Remove
qualifications for different
setbacks for amount of
stories
Same as allowed in base zone (R1,
R2, or R3). Rear yard min. 10’

4 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) built out, then average setback should
apply
Accessory Carports may be
established 2’ into any required
setback
Parking
SFD: Reduce to 1 on-site space (from
2)
Duplex: Reduce to 1 on-site per unit
(from 1.5)
SFD: Reduce to 1 on-site
space (from 2)
Duplex: Reduce to 1 on-site
per unit (from 1.5)
Multi-Family: Remove
duplicative off-street
parking standards
1/unit, 1 guest space/3 units.

Accessory structures allowed per
accessory structure setback
requirements in base zone.

Other
Insert SB 9 language and
requirements
Insert requirement that all
development must comply with
additional or more restrictive criteria of
the Ukiah Municipal Airport Land Use
Compatibility Plan
Include drought resistant
and native plants as
constituting the majority of
planting selected to align
with water efficiency and
native plant selection
criteria of the Ukiah 2040
General Plan
Insert requirement that all
development must comply
with additional or more
restrictive criteria of the
Ukiah Municipal Airport
Land Use Compatibility
Plan
Include drought resistant
and native plants as
constituting the majority
of planting selected to
align with water efficiency
and native plant selection
criteria of the Ukiah 2040
Insert requirement that all
development must
comply with additional or
more restrictive criteria of
the Ukiah Municipal
Airport Land Use
Compatibility Plan
Dwelling groups may not be rented
less than 30 days
Dwelling groups not allowed in airport
compatibility zones 1, 2, 3, 5
200 square feet/unit of Common Open
Space required, up to 60 sf may be
private
Dwelling units shall be clustered
around common open space, not
separated by fencing. Primary
entry/covered porch encouraged.
-Dwelling Group, Cottage
-Duplex, Stacked
-Duplex, Side by Side
-Townhome
Included in Ukiah City Code Ch. 2
Article 21 Definitions

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ‘MISSING MIDDLE HOUSING’
The City Council of the City of Ukiah hereby ordains as follows.

SECTION 1
Findings and Declarations. The City Council finds and declares as follows:

A. The proposed amendments to Division 9, Chapter 2 of the Ukiah City Code are consistent with the 2040 Ukiah General Plan’s density-related analysis and housing goals.

B. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). As the proposed Missing Middle Ordinance is consistent with the Ukiah 2040 General Plan, the project relies upon the General Plan EIR and is consistent with CEQA Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

C. Recognizing the growing need for diverse housing options that cater to a wide range of income levels, including housing types such as duplexes, triplexes, and townhomes is a necessary action to address the housing affordability crisis.

D. Encouraging the development of missing middle housing and more proximate commercial development supports the City's goal of increasing residential density in existing neighborhoods, promoting more efficient land use, and reducing the environmental impacts associated with sprawl.

E. Providing opportunities for both homeownership and affordable rental units in walkable, transit-friendly areas, aligns with the City’s commitment to inclusive growth and housing equity.

A. The State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that missing middle housing is a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws, including SB 9.

SECTION 2
Division 9, Chapter 2, Article 3, Low density Residential (R-1) of the Ukiah City Code is amended to read as follows (unchanged text is omitted and is shown by “***”):

SECTION:
§9015 Purpose And & Intent
***
§9023 Determination Of of Appropriate Use
§9015 PURPOSE AND INTENT
The purpose of the regulations in the Low Density Residential (R-1) District is to preserve, enhance, and protect the low density residential qualities of Ukiah’s various neighborhoods ATTACHMENT 4

neighborhoods in the community. The R-1 zoning district is intended for residential areas characterized predominantly by single-family uses, duplexes, and with typical single-family residential subdivision lots ranging in size from six four thousand five hundred (64,5000) to ten thousand (10,000) square feet in size. This district is consistent with the LDR (low density residential) and RR (rural residential) land use designation of the City general plan. §9016 ALLOWED USES
***
Accessory uses normally incidental to single-family residences.

Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family.

Duplex
Fences:

A. Fences shall be limited to a maximum height of seven feet (7'). Fences exceeding seven feet (7') in height may be erected subject to the securing of a variance or associated use permit.
***
Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

A. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code.

B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies.

C. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO) etc.) that comply with the design and development standards in Chapter 2, Article 5.2 of this Division are permitted by right.

Multiple-family residential dwellings in the form of duplexes, transitional housing, and supportive housing on corner lots. Multiple-family dwellings in the form of triplexes, fourplexes, single-room occupancies (SROs), and rooming and boarding houses are prohibited. Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Single-family residential dwellings, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards in Section 9022 of this code.
***
Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type. §9017 PERMITTED USES
***
Cottage Dwelling Group, as regulated by Article 5.5 of this Chapter.

Mom and Pop Grocery Store.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) in the form of duplexes, transitional housing, and supportive housing that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this Division, and require a Site Development Permit per Article 20 of this Chapter. ***
§9018 BUILDING HEIGHT LIMITS
***
A. For single-family dwellings, two (2)multi- family dwellings and attached accessory dwelling units, a maximum height of thirty feet (30').

B. For non-residential accessory buildings a maximum height of twenty feet (20') or maximum height of the main building, whichever is less.

C. The height limits for both dwelling units and accessory structures may exceed the primary residential dwelling unit. The height limits for ADUs are set forth in Article 5.3 of this Chapter.

D. The height limits for both dwelling units and non-residential accessory structures may be exceeded with the securing of a variance. be exceeded with the securing of a use permit.

The height limit for accessory dwelling unit may be exceeded through the use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public
§9019 REQUIRED SITE AREA

A. Interior Lots: The required site area on interior lots in the R-1 zoning district is six four thousand (46,5000) net square feet, and the required lot width is sixty forty feet (460’).

B. Corner Lots: The required site area for corner lots in the R-1 zoning district is seven six thousand (76,000) net square feet, and the required lot width is seventy sixty feet (670’). ***
D. Nonconforming Lots: Development may occur on existing, nonconforming R-1 lots; a site development permit is required for existing lots four thousand five hundred (4,500) square feet and less that does not already feature residential improvements. greater and a use permit is required on existing lots of less than four thousand five hundred (4,500) square feet. Minimum width in either case is forty feet (40’). §9020 REQUIRED YARD SETBACKS
The purpose of establishing yard areas in the R-1 zoning district is to maintain a balance between retaining open spaces and the efficient use of land,ensure open spaces, and a low density appearance to single-family residential neighborhoods. In Low Density Residential (R-1) Districts, yards shall be required in the following minimum widths, as measured from the street right-ofway:

A. Front: Fifteen Ten feet (150') for residences and accessory structures, and twenty-five feet (25') for garages.

B. Sides: Ten Five feet (105') for residences and five feet (5') for accessory structures.

C. Rear: Fifteen Ten feet (150') for residences, and five feet (5') for accessory structures. ***
Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The fifty percent (50%) average setback exception does not apply to accessory structures.

E. Yard Setbacks For Unique Circumstances:

1. Architectural Features: Cornices, eaves, canopies, and other similar architectural features for residential structures and accessory structures exceeding one hundred twenty (120) square feet in area may extend up to two feet (2’) into any required yardsetback.
***

5. Accessory Carports: May be established two feet (2’) into any required setback. §9021 REQUIRED PARKING
A. The minimum parking area required in Low Density Residential (R-1) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking space per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit. ***
§9022 ADDITIONAL REQUIREMENTS & ALLOWANCES
***
B. Effective January 1, 2022, Government Code §§ 65852.21 and 66411.7 (enacted by Senate Bill 9, Statutes 2021) require local agencies to provide ministerial review, without discretion or hearing, of proposed two-unit housing developments and urban lot splits if the housing development or subdivision is within a single-family residential zone and a U.S. Census designated urbanized area or urban cluster and meets certain requirements.

The purpose of this sub-section is to establish the applicability of Government Code §§ 65852.21 and 66411.7.

1. Maximum Number of Units on a Parcel Created by an SB 9 Urban Lot Split (Government Code§ 66411.7)
a. No more than two dwelling units may be permitted on any lot created through an urban lot split.
b. If a proposed SB 9 Urban Lot Split does not include a housing development at the time of the lot split, a note shall be recorded on the Parcel Map limiting future residential development to two dwelling units in accordance with this policy. c. If a proposed SB 9 Urban Lot Split requests to subdivide a vacant parcel, the owner occupancy period begins once a unit is finished and livable.

2. Maximum Number of Units on a Lot Not Created by an SB 9 Urban Lot Split (Government Code § 66411.7)
a. Up to two primary dwelling units, including existing dwelling units on a parcel and units created pursuant to Government Code § 65852.21 may be permitted.

C. Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-1 district must comply with the more restrictive standards identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning. §9023 DETERMINATION OF APPROPRIATE USE
A. Whenever a use is not listed in this article as a use permitted by right or a use subject to a use permit in the R-1 zoning district, the Community Development Planning Director shall determine whether the use is appropriate for the zoning district, either as a right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:
***

4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses.

***
SECTION 3
Division 9, Chapter 2, Article 4, Medium Density Residential (R-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):

SECTION:
§9030 Purpose And & Intent
***
§9038 Determination Of of Appropriate Use
§9030 PURPOSE AND INTENT
The Medium Density Residential Zoning District is intended to provide land area and opportunities for a range of densities and a variety of housing types, including single-family and multiple-family residential development, and townhomes. The maximum density is one to fifteen (15) dwelling units per acre of land. The R-2 district is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses.

The R-2 zoning district is consistent with the MDR (medium density residential) general plan land use designation.
§9031 ALLOWED USES
The following uses are allowed in Medium Density Residential (R-2) Districts:
***
Community care facility, which provides service for six (6) or fewer persons. (maximum clients – six (6)).

Duplex
***
Low Barrier Navigation Center.

Single-family dwellings, including manufactured/modular homes. transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards set forth in section 9037 of this Code..

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, and single-room occupancies (SRO), etc.) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this Division are permitted by right.

***
Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type §9032 PERMITTED USES
The following uses may be permitted in Medium Density Residential (R-2) Zoning Districts subject to first securing a use permit:
***
Dwelling groups that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter.
***
Mom and Pop Grocery Store
Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article

5.2 of this Division, and require a Site Development Permit per Article 20 of this Chapter. Multiplefamily dwellings that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division.
***
Professional office converted from a single-family residence. ***
Single-family dwelling on a three thousand (3,000) square foot lot (one side zero lot line and one side five-foot (5’) setback; provided, that zero lot lines are contiguous). ***
Temporary uses meeting the purpose and intent of the R-2 zoning district. The temporary use shall be for a maximum period of six (6) months, and shall be subject to permit renewal/time extension at the discretion of the Community Development Planning Director. §9033 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Medium Density Residential (R-2) Districts:
***

B. For non-residential accessory buildings, a maximum height of twenty feet (20') or the maximum height of the main building, whichever is less.

C. The height limits for main buildings and accessory structures may be exceeded with the securing of a use permitVariance.

D. The heights of ADUs are subject to Article 5.3 of this Chapter. ***
§9035 REQUIRED YARD SETBACKS
In Medium Density Residential (R-2) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for primary and accessory structures, and twenty-five feet (25') for garages.

1. Multiple-Family Dwellings: Ten feet (10') for multiple-family primary and accessory structures, and twenty-five feet (25') for garages.

B. Sides:

1. Single-Family Dwellings: Ten feet (10'), except as provided in section 9032 of this code.

1. Multiple-Family Dwellings: Five feet (5'), for multiple-family dwellings except for those multiple-family projects that comply with all the design and development standards set forth in Chapter 2, Article 5.2 of this Division.

C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.
***
E. Special Yards And Distances Between Buildings: Minimum widths shall be as follows:

1. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The distance between any structures in any dwelling group shall be a minimum of ten feet (10') for single-story and multi-story structures.

2. Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls.
§9036 REQUIRED PARKING
A. The minimum parking area required in Medium Density Residential (R-2) Districts is as follows:

1. Single-Family Dwelling: One (21) on-site parking space per unit.

2. Duplex: One and one-half (1.5) on-site parking space per unit.

3. Multiple-Family Dwelling: One (1) on-site parking space per unit. ***
§9037 ADDITIONAL REQUIREMENTS
***
C. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this Division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project.

Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Drought resistant and native plants shall constitute the majority of the plantings selected. Native species are strongly encouraged. ***
d. Parking lots shall have a perimeter planting strip with both featuring drought resistant trees and shrubs.
***
k. The Community Development Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

D. Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-2 district must adhere to the more restrictive criteria identified by Ukiah

Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning §9038 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted by right or a use subject to a use permit in the R-2 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit.

In making this determination, the Community Development Planning Director shall find as follows:
***
D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses.

SECTION 4
Division 9, Chapter 2, Article 5, High Density Residential (R-3) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):

SECTION:
§9045 Purpose & Intent
***
§9049 Required Site Area For Mobile Home Parks
***
§9053 Determination Of of Appropriate Use
***
§9046 ALLOWED USES
***
Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family.

Duplex
***
Low Barrier Navigation Center.

Public or private parking lots for automobiles, when the property is adjacent to any C-N, C-1, or C-2 district, or if required to accompany any new land use.

***
Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO), etc.s) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this Division are permitted by right. ***
Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type §9047 PERMITTED USES
The following uses may be permitted in High Density Residential (R-3) Districts subject to first securing a use permit:
***
Dwelling groups, as regulated by Article 5.5 of this Chapter. ***
"Mom and pPop" convenience grocery stores, delicatessens, bakeries, and coffee shops.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article

5.2 of this Division, and require a Site Development Permit per Article 20 of this Chapter Multiplefamily dwellings that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division.
***
Public or private parking lots for automobiles
***
§9049 REQUIRED SITE AREA FOR MOBILE HOME PARKS
***
B. The required building site area for each mobile home park shall be a minimum of two (2) acres.
§9050 REQUIRED YARD SETBACKS

In High Density Residential (R-3) Districts, yards shall be required in the following minimum widths, except as provided in section 9032 of this code:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for dwellings and accessory structures, and twenty-five feet (25') for garages.

2. 1. Multiple-Family Dwellings: Ten feet (10') for multiple-family dwellings. and accessory structures, and twenty-five feet (25') for garages.
***
C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-Story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10') on each side of the property facing a street.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.

E. Special Yards and Distances Between Buildings: Minimum widths shall be as follows:

1. The distance between any structures in any dwelling group shall be a minimum of ten feet (10').

2. 1. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. (Ord. 1001, §1, adopted 1998; §9051 REQUIRED PARKING
A. The minimum parking area required in High Density Residential (R-3) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking space per unit.

2. Duplex: One and one-half (1.5) on-site parking space per unit.

3. Multiple-Family Dwelling: One (1) on-site parking space per unit. ***
§9052 ADDITIONAL REQUIREMENTS
A. All new construction, exterior modifications to existing buildings or on-site work shall require a site development permit pursuant to subsection 9261B of this code, excluding multiple-family residential projects, as described in section 9046 of this code, that comply with the design and development standards in Chapter 2, Article 5.2 of this division.

B. A. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:
***
C. B. All development projects that are not multiple-family residential projects, or do not comply with the design and development standards in Chapter 2, Article 5.2 of this Division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Drought resistant and native plants shall constitute the majority of the plantings selected. Native species are strongly encouraged. ***
d. Parking lots shall have a perimeter planting strip with both featuring drought resistant trees and shrubs.
***
k. The Community Development Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

C. Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-3 district must adhere to the more restrictive criteria identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning §9053 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a use permit in the R-3 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit.

In making this determination, the Community Development Planning Director shall find as follows:
***
D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses.

SECTION 5

A New Article 5.5, entitled “REGULATIONS FOR DWELLING GROUPS” shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
§9058 PURPOSE
This Article implements the provisions of the General Plan Housing Element that encourage new types of housing that meet a wide variety of needs and encourage infill projects on underutilized urban land. As defined, ‘Dwelling Groups’ is a group of three or more single-family residences or two or more detached duplex buildings, apartments, condominiums, and occupying a parcel of land in the same ownership and having any yard or court in common.

Cottage dwelling groups are a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent low-density residential uses. §9058.1 APPLICABILITY
This section applies to dwelling groups where allowed or permitted.

A. Dwelling groups are considered a form of multi-family housing. Within the R2 (Medium Density Residential) and R3 (High Density Residential) Zoning Districts, Dwelling Groups are an allowed use if adhering to Article 5.2 (Objective Design and Development Standards for New Residential Construction).

B. Dwelling groups must meet the development criteria of the base zone.

C. Cottage dwelling groups are permitted in the R1 (Low Density Residential) Zoning District.

Cottage dwelling groups must meet the development criteria of the base zone, as well as the additional standards and exceptions outlined below.

1. Cottage dwelling groups may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a cottage dwelling group only if the single-family residence is included in the total floor area allowance below.

2. Occupancy. Dwelling groups may not be rented on a transient basis (periods less than thirty (30) days).

3. Siting Requirements.
a. Airport Compatibility. The proposed site shall not be located on any parcel that features airport compatibility Zones 1 (Runway Protection Zone), 2 (Inner Approach/Departure Zone), 3 (Inner Turning Zone) or 5 (Sideline Zone). b. Minimum parcel size. The minimum parcel size shall be nine thousand (9,000) square feet.
c. Setbacks. Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10').

d. Parking. One (1) reserved space per unit, and (1) guest parking space for every 3 units or portion thereof.
e. Accessory structures that serve on-site users and are subordinate in use and scale to the cottages (e.g. accessory storage, garages, etc.) are allowed subject to setback requirements for accessory structures.
f. Design and Development Standards. Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions:
i. Density. On parcels that meet the minimum parcel size, the maximum density shall be one (1) cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.
ii. Size. The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes are allowed by approval of a use permit.
g. Site Layout.
i. Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.

1. Cottages should generally be no more than twenty-five feet (25') from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.

2. Orientation. Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged.
§9058.2 PERMIT REQUIREMENTS
All cottage housing developments are subject to a Use Permit within the R1 zoning district. A Site Development Permit is required for any ‘Dwelling Group’ in the R2 and R3 zoning districts that does not comply with the design and development standards as required by Chapter 2, Article 5.2 of this Division.

SECTION 6
Division 9, Chapter 2, Article 21, Definitions, of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):

A. Any words or phrases not defined within this article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the Community Development Planning Director shall have the authority to define the term or equate it to a defined term that is similar in nature.

B. For purposes of this article, the words and phrases set out herein shall have the following meanings:

DWELLING GROUP, COTTAGE: A form of ‘Dwelling Group’ that features smaller units with shared parking and common open areas within existing low- and medium-density urban residential neighborhoods.

DUPLEX – STACKED: A small (2 to 2.5-story), detached structure that consists of two dwelling units arranged one above the other, each with an entry from the street.

This type has the appearance of a small-to-medium single-unit house.

DUPLEX – SIDE-BY-SIDE: A small (1 to 2 story), detached structure that consists of two dwelling units arranged side-by-side, each with an entry from the street.

MULTIPLEX: A detached (2 to 2.5-story) structure that consists of 5 to 12 dwelling units arranged side-by-side and/or stacked, typically with a shared entry from the street.

TOWNHOUSE: A small- to medium-sized attached structure that consists of 2 to 16 multi-story dwelling units placed side-by-side. Entries are on the narrow side of the unit and typically face a street or courtyard. The street facades have entrances and avoid garages.

SECTION 7

1. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE: This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah and shall become effective thirty (30) days after its adoption Introduced by title only on __________ , 2024 by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Adopted on_______________ , 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN
ABSENT: ______________________
Josefina Dueñas, Mayor
ATTEST:
____________________________
Kristine Lawler, City Clerk

Missing Middle Ordinance - Analysis
As described below, Staff proposes the following amendments to incorporate the Ukiah 2040 General Plan Land Use objectives and clarify existing regulations to allow development flexibility:
• Duplexes: The proposed ordinance clarifies that ‘Duplexes’ are allowed uses not subject to Article 5.2 by inserting an explicit exclusion, like the one already provided for single- family residential units. While SB 9 would allow for the application of “objective design review standards” on this type of residential unit, it is recommended that this form of housing be further streamlined within Ukiah City Code to address ‘Missing Middle’ considerations and increase housing stock diversity across the R1, R2 and R3 zoning districts. It is understood that numerous neighborhoods within Ukiah already feature ‘Duplexes’ interspersed among single-family residences, and while it is still considered a form of multifamily housing, it is an increasingly appropriate way to facilitate infill development. While allowed by right, the duplex is considered a multifamily unit prohibited within UKI Airport Compatibility Zones 1,1*,2, & 5, and therefore, duplexes will continue to be prohibited in those zones regardless of the underlying zoning district.
• Low Barrier Navigation Centers: Low Barrier Navigation Center in Government Code sections 65660-65668 was added in 2019 by AB 101. Low Barrier Navigation Center means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. The center must be linked to a coordinated entry system regulated by State entities. Pursuant to Government Code section 65662 a Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, but are regulated by State. Existing State law declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities. Existing State law, however, repeals these provisions as of January 1, 2027. • Supportive Housing and Transitional Housing: These use types were previously listed in Ukiah City Code but require clean-up. Pursuant to Government Code sections 65650 - 65656, supportive housing is a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. Supportive and Transitional housing units are listed as principally permitted in all zoning districts that allow multifamily uses.
• Accessory Carports: As proposed, accessory carports may be established two feet (2’) into any required setback to facilitate shade coverage for vehicle storage and allow additional area for the construction of residential structures. Similar to other improvements, it will be the responsibility of the property owner to address drainage and storm-water considerations to ensure that it does not trespass onto adjacent properties.

ATTACHMENT 5

• Manufactured/Modular Homes: The City proposes to streamline and clarify language concerning manufactured and modular homes in the R1-R3 zoning districts by removing duplicated provisions. Essentially, existing zoning regulations would no longer repeat information already addressed by the California Building Code. No additional changes being made to the requirements beyond what is mandated by the state code, ensuring consistency with California's standards for construction, safety, and design of manufactured and modular homes.
• Dwelling Group, Cottage: Proposed amendments include the addition of a new zoning Article to more effectively regulate Dwelling Groups. In particular, the proposed Article will allow for ‘Dwelling Group, Cottage’ which is a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to singlefamily residential use, thereby minimizing the impact on adjacent low-density residential uses. As proposed, the minimum parcel size for the ‘Dwelling Group, Cottage’ shall be nine thousand (9,000) square feet and the total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes are allowed by approval of a use permit. More detailed information is contained within Article 5.5, as proposed. • Reducing setbacks, lot standards, and parking requirements: Reduction of existing standards is crucial for facilitating the development of ‘Missing Middle’ housing in the City of Ukiah. These regulatory adjustments help to create more flexible and affordable housing options by allowing for previously approved densities in the 2040 General Plan to be applied on existing lots, reducing the barriers for property owners and developers to build diverse housing types like duplexes, triplexes, and townhomes. Staff has proposed reductions in these standards to align with existing allowances for accessory dwelling units (ADUs) and nonconforming structures as currently conveyed in various zoning articles, promoting infill development and increasing the availability of moderate-income housing. No setback is reduced by more than 5’, although some requirements are consolidated to the least restrictive consideration. These changes aim to support the City's housing goals by creating more opportunities for sustainable, walkable, and diverse neighborhoods while still maintaining consistency with existing regulations.
• SB 9: A 2022 state law aimed at increasing housing supply by allowing property owners to subdivide single-family lots and build up to four units, has been incorporated into the City of Ukiah’s Missing Middle Housing Ordinance, particularly the R-1 zoning district. While already effective, this integration aligns local zoning regulations with state mandates, facilitating the development of duplexes and small-scale multi-family housing in traditionally single-family neighborhoods. By incorporating SB 9, the City is promoting greater housing diversity and affordability while streamlining the approval process for homeowners and developers. To date, only one SB 9 subdivision has been facilitated by City of Ukiah Community Development and Public Works Departments. • Ukiah Municipal Airport Comprehensive Land Use Plan (UKIACLUP): Reference is provided to the UKIACLUP to ensure awareness that all development within the R-1, R-2, and R-3 zoning districts comply with the more restrictive standards identified by the UKIACLUP to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning.

• Mom & Pop: Allowing "Mom and Pop" grocery stores within the R-1 & R-2 districts as part of the Missing Middle Housing Ordinance is intended to reduce trip generation and create more walkable, neighborhood-friendly environments. These small-scale markets provide convenient access to daily essentials, decreasing the need for car travel and promoting sustainability. "Mom and Pop" grocery stores are already defined within Ukiah’s City Code and would be permitted through a discretionary review process, ensuring compatibility with the surrounding neighborhood.
• Landscaping (R2 & R3): Minor updates to the landscaping standards included within the R2 & R3 zoning districts were updated to reflect General Plan goals. Drought resistant and native plants shall constitute the majority of plantings selected for developments that do not comply with the City’s Objective Design and Development Standards. Notably, any residential construction that utilizes the City’s Objective Design and Development Standards must provide landscaping commiserate with the expectations of the 2040 General Plan.
• Minor Corrections: Throughout the proposed ordinance, minor corrections and edits are facilitated, such as updating ‘Planning Director’ to ‘Community Development Director’; or specifying the appropriate permit (Variance) for requested deviations from height or setback requirements rather than a Use Permit, as currently iterated.

The proposed amendments to the Ukiah City Code are strategically aligned with the 2040 Ukiah General Plan, which emphasizes sustainable development, housing diversity, and community resilience. The clarification that duplexes are exempt from specific regulations, akin to single-family residences, facilitates the integration of this 'Missing Middle' housing into established neighborhoods, supporting the General Plan’s goals for varied housing options. The proposed updates for Low Barrier Navigation Centers and supportive housing reflect adherence to state legislation and the General Plan’s commitment to addressing homelessness and providing transitional housing solutions. Streamlining provisions for manufactured/ modular homes and accessory carports will reduce development constraints, consistent with the General Plan’s aim to support residential growth and flexibility.

Introducing 'Dwelling Group, Cottage' and reducing setbacks, lot standards, and parking requirements align with the General Plan’s vision for compact, walkable neighborhoods and increased housing affordability. Incorporating SB 9 aligns local regulations with state mandates to facilitate multifamily developments within single-family zones, advancing the General Plan’s objectives for diverse housing types.

Reference to the Ukiah Municipal Airport Comprehensive Land Use Plan ensures that all development adheres to airport compatibility standards, reflecting the General Plan’s emphasis on balanced growth.

Additionally, permitting small-scale "Mom & Pop" grocery stores in residential zones supports the General Plan’s goal of enhancing neighborhood sustainability and reducing car dependency. Finally, minor corrections throughout the ordinance ensure regulatory consistency and clarity, as well as alignment with the General Plan’s overarching vision. Overall, these amendments are designed to operationalize the 2040 General Plan’s vision, fostering a more sustainable, diverse, and resilient community.

Exhibit A: Proposed Amendments

ARTICLE 3. REGULATIONS IN LOW DENSITY RESIDENTIAL (R-1) DISTRICTS 1 SECTION:
§9015 Purpose And & Intent
§9016 Allowed Uses
§9017 Permitted Uses
§9018 Building Height Limits
§9019 Required Site Area
§9020 Required Yard Setbacks
§9021 Required Parking
§9022 Additional Requirements
§9023 Determination Of of Appropriate Use
§9015 PURPOSE AND INTENT
The purpose of the regulations in the Low Density Residential (R-1) District is to preserve, enhance, and protect the low density residential qualities of Ukiah’s various neighborhoodsneighborhoods in the community. The R-1 zoning district is intended for residential areas characterized predominantly by single-family uses, duplexes, and with typical single-family residential subdivision lots ranging in size from six four thousand five hundred (64,5000) to ten thousand (10,000) square feet in size. This district is consistent with the LDR (low density residential) and RR (rural residential) land use designation of the City general plan. (Ord. 1001, §1, adopted 1998; Ord. 1216, §1, adopted 2021)
§9016 ALLOWED USES
The following uses are allowed in Low Density Residential (R-1) Districts:

Accessory buildings.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Accessory uses normally incidental to single-family residences.

Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family.

Duplex
Fences:

A. Fences shall be limited to a maximum height of seven feet (7'). Fences exceeding seven feet (7') in height may be erected subject to the securing of a variance or associated use permit.

B. No fence shall be constructed and no hedge or other screen planting shall be grown or permitted to grow, to a height exceeding three feet (3’) within ten feet (10’) from any property line abutting a street.

Home occupations (as defined in section 9278 of this chapter).

Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter.

Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

A. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code.

Exhibit A

B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies.

C. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO) etc.) that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Multiple-family residential dwellings in the form of duplexes, transitional housing, and supportive housing on corner lots. Multiple-family dwellings in the form of triplexes, fourplexes, single-room occupancies (SROs), and rooming and boarding houses are prohibited. Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Single-family residential dwellings, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards in Section 9022 of this code.

Small and large family daycare homes.

Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1168, §1, adopted 2016; Ord. 1181, §5, adopted 2017; Ord. 1205, §5, adopted 2020; Ord. 1216, §1, adopted 2021) §9017 PERMITTED USES
The following uses may be permitted with the securing of a use permit:

Accredited public or private schools.

Bed and breakfast establishments.

Churches, chapels, and other places of religious assembly and instruction.

Community care facility for more than six (6) persons, but not more than twelve (12) persons.

Condominiums.

Cottage Dwelling Group, as regulated by Article 5.5 of this Chapter.

Mom and Pop Grocery Store.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) in the form of duplexes, transitional housing, and supportive housing that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter..

Outdoor sales establishments.

Parks, community gardens, and playgrounds.

Public buildings and places of temporary public assembly. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1216, §1, adopted 2021)

§9018 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Low Density Residential (R-1) Districts:

A. For single-family dwellings, two (2)multi- family dwellings and attached accessory dwelling units, a maximum height of thirty feet (30').

B. For non-residential accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building, whichever is less.

C. The height limits for both dwelling units and accessory structures may exceed the primary residential dwelling unit. The heights of ADUs are subject to Article 5.3 of this Chapter.

D. The height limits for both dwelling units and non-residential accessory structures may be exceeded with the securing of a variance. be exceeded with the securing of a use permit. The height limit for accessory dwelling unit may be exceeded through the use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. (Ord. 1001, §1, adopted 1998; Ord. 1181, §5, adopted 2017; Ord. 1216, §1, adopted 2021)
§9019 REQUIRED SITE AREA
A. Interior Lots: The required site area on interior lots in the R-1 zoning district is six four thousand (46,5000) net square feet, and the required lot width is sixty forty feet (460’).

B. Corner Lots: The required site area for corner lots in the R-1 zoning district is six seven thousand (76,000) net square feet, and the required lot width is seventy sixty feet (670’).

C. Existing Development/Density: In existing development/density there is no minimum site area.

D. Nonconforming Lots: Development may occur on existing, nonconforming R-1 lots; a site development permit is required for existing lots four thousand five hundred (4,500) square feet and less that does not already feature residential improvements. greater and a use permit is required on existing lots of less than four thousand five hundred (4,500) square feet. Minimum width in either case is forty feet (40’). (Ord. 1001, §1, adopted 1998) §9020 REQUIRED YARD SETBACKS
The purpose of establishing yard areas in the R-1 zoning district is to maintain a balance between open spaces and the efficient use of land,ensure open spaces, and a low density appearance to single-family residential neighborhoods. In Low Density Residential (R-1) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front: Fifteen Ten feet (150') for residences and accessory structures, and twenty-five feet (25') for garages.

B. Sides: Ten Five feet (105') for residences and five feet (5') for accessory structures.

C. Rear: Fifteen Ten feet (150') for residences, and five feet (5') for accessory structures.

D. Corner Lots: On corner lots, there shall be a front setback line of fifteen feet (15') on each street side of a corner lot.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The fifty percent (50%) average setback exception does not apply to accessory structures.

E. Yard Setbacks For Unique Circumstances:

1. Architectural Features: Cornices, eaves, canopies, and other similar architectural features for residential structures and accessory structures exceeding one hundred twenty (120) square feet in area may extend up to two feet (2’) into any required yardsetback.

2. Swimming Pools: Swimming pools shall not be located in front yards, and no closer than five feet (5’) to any rear or side property line.

3. Open Porches; Landing Places; Outside Stairways: Open porches, landing places or outside stairways may extend into the required front yard setback provided a minimum of fifteen feet (15’) is maintained between the stairway/landing place and the front property line. Open porches, landing places or outside stairways may extend up to two feet (2’) into any required side yard, and six feet (6’) into any required rear yard. Such porches, landing places, and outside stairways may be roofed, but shall not be enclosed with solid siding, glass, or screening materials, or otherwise made a part of the habitable portion of the structure.

4. Trellises: Trellises providing entry into property are allowed to be located within the front yard setback provided:
a. The trellis does not exceed a maximum height of ten feet (10’). b. The trellis is not more than ten feet (10’) wide.
c. The trellis is not located in the public right of way. d. The trellis does not obscure or block vehicular traffic lines of sight. e. The trellis does not impede or block pedestrian circulation. f. The trellis does not pose a threat to the public health and safety as determined by the city building inspector.
g. The trellis does not hinder the ability of the fire department from accessing the property with emergency equipment and providing emergency services.
h. A building permit is secured for the construction of the trellis, if required by the city building inspector.

Depending upon the height, size, and scale of the trellis, engineering calculations may be required.

5. Accessory Carports: May be established two feet (2’) into any required setback. (Ord. 1001, §1, adopted 1998; Ord. 1082, §1, adopted 2006; Ord. 1216, §1, adopted 2021) §9021 REQUIRED PARKING
A. The minimum parking area required in Low Density Residential (R-1) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking spaces per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this code.

B. Each required on-site parking space or garage space for single-family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth.

C. Each required on-site parking space or garage space for single-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage.

D. All driveways on corner lots shall be located a minimum distance of twenty feet (20') from the curb return. (Ord. 1001, §1, adopted 1998; Ord. 1181, §5, adopted 2017; Ord. 1205, §5, adopted 2020; Ord. 1216, §1, adopted 2021)
§9022 ADDITIONAL REQUIREMENTS & ALLOWANCES
A. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed uses on individual residential parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to standards set forth in Division 4 of this code and additional City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.

B. Effective January 1, 2022, Government Code § 65852.21 and § 66411.7 (enacted by Senate Bill 9, Statutes 2021) require local agencies to provide ministerial review, without discretion or hearing, of proposed two-unit housing developments and urban lot splits if the housing development or subdivision is within a single-family residential zone and a U.S. Census designated urbanized area or urban cluster and meets certain requirements.

The purpose of this sub-section is to establish the applicability of Government Code § 65852.21 and § 66411.7.

1. Maximum Number of Units on a Parcel Created by an SB 9 Urban Lot Split (Government Code§ 66411.7) a) No more than two dwelling units may be permitted on any lot created through an urban lot split. b) If a proposed SB 9 Urban Lot Split does not include a housing development at the time of the lot split, a note shall be recorded on the Parcel Map limiting future residential development to two dwelling units in accordance with this policy.
c) If a proposed SB 9 Urban Lot Split requests to subdivide a vacant parcel, the owner occupancy period begins once a unit is finished and livable.

2. Maximum Number of Units on a Lot Not Created by an SB 9 Urban Lot Split (Government Code § 66411.7)

1. Up to two primary dwelling units, including existing dwelling units on a parcel and units created pursuant to Government Code § 65852.21 may be permitted.

C, Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-1 district must comply with the more restrictive standards identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning. (Ord. 1216, §1, adopted 2021)
§9023 DETERMINATION OF APPROPRIATE USE
A. Whenever a use is not listed in this article as a use permitted by right or a use subject to a use permit in the R-1 zoning district, the Community Development Planning Director shall determine whether the use is appropriate for the zoning district, either as a right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:

1. The use would not be incompatible with other existing or allowed uses in the R-1 zoning district;

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

3. The use would be in harmony and consistent with the purpose of the R-1 zoning district.

4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. (Ord. 1001, §1, adopted 1998; Ord. 1216, §1, adopted 2021. Formerly 9022)

1 Ord. 793, §2, adopted 1982; Ord. 803-A, §1, adopted 1983; Ord. 813, §1, adopted 1983; Ord. 813, §2, adopted 1983; rep. by Ord. 1001, §1, adopted 1998.

ARTICLE 4. REGULATIONS IN MEDIUM DENSITY RESIDENTIAL (R-2) DISTRICTS 1 SECTION:
§9030 Purpose And & Intent
§9031 Allowed Uses
§9032 Permitted Uses
§9033 Building Height Limits
§9034 Required Site Area
§9035 Required Yard Setbacks
§9036 Required Parking
§9037 Additional Requirements
§9038 Determination Of of Appropriate Use
§9030 PURPOSE AND INTENT
The Medium Density Residential Zoning District is intended to provide land area and opportunities for a range of densities and a variety of housing types, including single-family and multiple-family residential development, and townhomes. The maximum density is one to fifteen (15) dwelling units per acre of land. The R-2 district is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses. The R-2 zoning district is consistent with the MDR (medium density residential) general plan land use designation. (Ord. 1001, §1, adopted 1998; Ord. 1189, §1, adopted 2018; Ord. 1216, §2, adopted 2021)
§9031 ALLOWED USES
The following uses are allowed in Medium Density Residential (R-2) Districts:

Accessory buildings and accessory uses.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Community care facility, which provides service for six (6) or fewer persons. (maximum clients – six (6)).

Duplex
Home occupations (as defined in section 9278 of this code).

Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter.

Low Barrier Navigation Center, as regulated per AB 101 (2019) until January 1, 2027, and as of that date is repealed.

Single-family dwellings, including manufactured/modular homes, transitional housing, and supportive housing.

Manufactured/modular homes shall comply with the additional development standards set forth in section 9037 of this Code..

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, and single-room occupancies (SRO), etc.) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Small and large family child daycare homes.

Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §6, adopted 2020; Ord. 1216, §2, adopted 2021)

§9032 PERMITTED USES
The following uses may be permitted in Medium Density Residential (R-2) Zoning Districts subject to first securing a use permit:

Accredited public or private schools.

Bed and breakfast establishments.

Churches, chapels, and other places of religious assembly.

Community care facility for more than six (6) persons, but not more than twelve (12) persons.

Dwelling groups that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter.

Mom and Pop Grocery Store
Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter. Multiple-family dwellings that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division.

Outdoor sales establishment.

Parks, community gardens, and playgrounds.

Professional office converted from a single-family residence.

Rest homes, convalescent services, and other residential medical facilities.

Single-family dwelling on a three thousand (3,000) square foot lot (one side zero lot line and one side five-foot (5') setback; provided, that zero lot lines are contiguous).

Social halls, lodges, public buildings, and places of temporary public assembly.

Temporary uses meeting the purpose and intent of the R-2 zoning district. The temporary use shall be for a maximum period of six (6) months, and shall be subject to permit renewal/time extension at the discretion of the Community Development Planning Director. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021) §9033 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Medium Density Residential (R-2) Districts:

A. For main buildings a maximum height of thirty-five feet (35').

B. For non-residential accessory buildings, a maximum height of twenty feet (20') or the maximum height of the main building, whichever is less.

C. The height limits for main buildings and accessory structures may be exceeded with the securing of a use permitVariance.

D. The heights of ADUs are subject to Article 5.3 of this Chapter. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021)
§9034 REQUIRED SITE AREA
In Medium Density Residential (R-2) Districts there is no required building site area. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021)

§9035 REQUIRED YARD SETBACKS
In Medium Density Residential (R-2) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for primary and accessory structures, and twenty-five feet (25') for garages.

2. Multiple-Family Dwellings: Ten feet (10') for multiple-family primary and accessory structures, and twenty-five feet (25') for garages.

B. Sides:

1. Single-Family Dwellings: Ten feet (10'), except as provided in section 9032 of this code.

2. Multiple-Family Dwellings: Five feet (5'), for multiple-family dwellings except for those multiple-family projects that comply with all the design and development standards set forth in Chapter 2, Article 5.2 of this division.

C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.

D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10') on each street side of a corner lot.

E. Special Yards And Distances Between Buildings: Minimum widths shall be as follows:

1. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The distance between any structures in any dwelling group shall be a minimum of ten feet (10') for single-story and multi-story structures.

2. Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021)
§9036 REQUIRED PARKING
A. The minimum parking area required in Medium Density Residential (R-2) Districts is as follows:

1. Single-Family Dwelling: Two One (21) on-site parking spaces per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Multiple-Family Dwelling: One (1) on-site parking space per unit.

4. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this code.

B. Each required off-street parking space or garage space for multiple-family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth. Thirty percent (30%) of the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (eight feet (8') in width and sixteen feet (16') in length).

C. Each required off-street parking space or garage space for multiple-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage.

D. All driveways on corner lots shall be located a minimum distance of twenty feet (20') from the curb return.

E. Relief from the parking requirements in the R-2 zoning district may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, or general welfare of the public. (Ord. 1001, §1, adopted 1998; Ord. 1216, §2, adopted 2021) §9037 ADDITIONAL REQUIREMENTS
A. A site development permit is required for development of more than a single duplex. However, multiple-family residential projects described in section 9031 of this code that are in compliance with the design and development standards set forth in Chapter 2, Article 5.2 of this division are exempt from this requirement.

B. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.

C. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation.

Drought resistant and native plants shall constitute the majority of the plantings selected. Native species are strongly encouraged.
b. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.
d. Parking lots shall have a perimeter planting strip with bothfeaturing drought resistant trees and shrubs.

e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process.
f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel unless, based upon the small size of a parcel, it would be unreasonable and illogical. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for residential development projects shall be adequately maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.
k. The Community Development Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

D. Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-2 district must adhere to the more restrictive criteria identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning (Ord. 1001, §1, adopted 1998; Ord. 1168, §3, adopted 2016; Ord. 1216, §2, adopted 2021). §9038 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted by right or a use subject to a use permit in the R-2 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:

A. That the use would not be incompatible with other existing or allowed uses in the R-2 Zoning District; B. That the use would not be detrimental to the continuing residential development of the area in which the use would be located; and
C. That the use would be in harmony and consistent with the purpose of the R-2 Zoning District.

D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. (Ord. 1001, §1, adopted 1998) 1 Ord. 793, §2, adopted 1982; rep. by Ord. 1001, §1, adopted 1998.

ARTICLE 5. REGULATIONS IN HIGH DENSITY RESIDENTIAL (R-3) DISTRICT1 SECTION:
§9045 Purpose And & Intent
§9046 Allowed Uses
§9047 Permitted Uses
§9048 Building Height Limits
§9049 Required Site Area For Mobile Home Parks
§9050 Required Yard Setbacks
§9051 Required Parking
§9052 Additional Requirements
§9053 Determination Of of Appropriate Use
§9045 PURPOSE AND INTENT
The purpose of the R-3 zoning district is to implement the general plan policies for high density residential areas as a transition zone between low and medium density residential and commercial land uses with the emphasis upon residential uses. It is intended to provide opportunities for a mix of multiple-family residential development and low intensity commercial land uses. The R-3 zoning district is consistent with the HDR (high density residential) general plan land use designation. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9046 ALLOWED USES
The following uses are allowed in High Density Residential (R-3) Districts:

Accessory buildings and accessory uses. This shall not be construed as permitting any business use or occupation other than those specifically listed herein.

Accessory Dwelling Units (ADUs), as regulated by Article 5.3 of this Chapter.

Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family..

Duplex
Home occupations (as defined in section 9278 of this chapter).

Junior Accessory Dwelling Units (JADUs), as regulated by Article 5.4 of this Chapter.

Low Barrier Navigation Center, as regulated per AB 101 (2019) until January 1, 2027, and as of that date is repealed Public or private parking lots for automobiles, when the property is adjacent to any C-N, C-1, or C-2 district, or if required to accompany any new land use.

Single-family dwellings, including manufactured/modular homes, transitional housing, and supportive housing.

Manufactured/modular homes shall comply with the additional development standards in section 9052 of this code.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO), etc.s) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Small and large family daycare homes.

Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §7, adopted 2020; Ord. 1216, §3, adopted 2021)
§9047 PERMITTED USES
The following uses may be permitted in High Density Residential (R-3) Districts subject to first securing a use permit:

Barbershops, beauty shops.

Churches, chapels, and other places of religious assembly.

Coin-operated laundromat.

Dwelling groups, as regulated by Article 5.5 of this Chapter..

Florist.

Hotels, motels, and bed and breakfast establishments.

Mobile home parks.
"Mom and pPop" convenience grocery stores, delicatessens, bakeries, and coffee shops.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplex, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this ChapterMultiple-family dwellings that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division.

Nursery schools.

Parks, community gardens, and playgrounds.

Professional offices.

Public buildings.

Public or private parking lots for automobiles
Rest homes, hospitals, pharmacies, and community care facilities serving more than six (6) persons, but not more than twelve (12) persons.

Video rentals/sales. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9048 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in High Density Residential (R-3) Districts:

A. For main buildings a maximum height of fifty feet (50'), unless abutting an R-1 or R-2 lot in which case a maximum height of thirty-five feet (35').

B. For accessory buildings, a maximum height of thirty feet (30') or the maximum height of the main building whichever is less. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9049 REQUIRED SITE AREA FOR MOBILE HOME PARKS
A. In High Density Residential (R-3) Districts there is no required building site area.

B. The required building site area for each mobile home park shall be a minimum of two (2) acres. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021)
§9050 REQUIRED YARD SETBACKS
In High Density Residential (R-3) Districts, yards shall be required in the following minimum widths, except as provided in section 9032 of this code:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for dwellings and accessory structures, and twenty-five feet (25') for garages.

2. Multiple-Family Dwellings: Ten feet (10') for multiple-family dwellings. and accessory structures, and twenty-five feet (25') for garages.

B. Sides: Five feet (5'), except for those multiple-family dwelling projects that comply with all the design and development standards in Chapter 2, Article 5.2 of this division.

C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-Story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10') on each side of the property facing a street.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.

E. Special Yards and Distances Between Buildings: Minimum widths shall be as follows:

1. The distance between any structures in any dwelling group shall be a minimum of ten feet (10').

21. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall applyAny side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021)
§9051 REQUIRED PARKING
A. The minimum parking area required in High Density Residential (R-3) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking spaces per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Multiple-Family Dwelling: One (1) on-site parking space per unit.

4. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this Code.

B. Each required off-street parking space or garage space for multiple-family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth. Thirty percent (30%) of the parking stalls in a parking lot with ten (10) or more stalls shall be compact sized (eight feet (8') in width and sixteen feet (16') in length).

C. Each required off-street parking space or garage space for multiple-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage.

D. All driveways on corner lots shall be located a minimum distance of twenty feet (20') from the curb return.

E. Relief from the parking requirements in the R-3 zoning district may be approved through the discretionary review process, provided a finding is made that a reduced number of spaces would not adversely impact the health, safety, and general welfare of the public. (Ord. 1001, §1, adopted 1998; Ord. 1216, §3, adopted 2021) §9052 ADDITIONAL REQUIREMENTS
A. All new construction, exterior modifications to existing buildings or on-site work shall require a site development permit pursuant to subsection 9261B of this code, excluding multiple-family residential projects, as described in section 9046 of this code, that comply with the design and development standards in Chapter 2, Article

5.2 of this division.

BA. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction.

C.B All development projects that are not multiple-family residential projects, or do not comply with the design and development standards in Chapter 2, Article 5.2 of this division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project.

Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation.

Drought resistant and native plants shall constitute the majority of the plantings selected.Native species are strongly encouraged.
b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access.
c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.
d. Parking lots shall have a perimeter planting strip with bothfeaturing drought resistant trees and shrubs. e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than three feet (3') in width within landscaped areas and/or separated from

automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless based upon the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.
k. The Community Development Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

C. Ukiah Municipal Airport Comprehensive Land Use Plan: As applicable, all development within the R-3 district must adhere to the more restrictive criteria identified by Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning (Ord. 1001, §1, adopted 1998; Ord. 1168, §3, adopted 2016; Ord. 1216, §3, adopted 2021) §9053 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a use permit in the R-3 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:

A. That the use would not be incompatible with other existing or allowed uses in the R-3 Zoning District; B. That the use would not be detrimental to the continuing residential development of the area in which the use would be located; and
C. That the use would be in harmony and consistent with the purpose of the R-3 Zoning District.

D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. (Ord. 1001, §1, adopted 1998) 1 Ord. 793, §2, adopted 1982; Ord. 817, §1, adopted 1983; Ord. 827, §1, adopted 1984; rep. by Ord. 1001, §1, adopted 1998.

PROPOSED - ARTICLE 5.5 REGULATIONS FOR DWELLING GROUPS
SECTION:
§9058 Purpose
§9058.1 Applicability
§9058.2 Permit Requirements
§9058 PURPOSE
This Article implements the provisions of the General Plan Housing Element that encourage new types of housing that meet a wide variety of needs and encourage infill projects on underutilized urban land. As defined, ‘Dwelling Groups’ is a group of three or more single-family residences or two or more detached duplex buildings, apartments, condominiums, and occupying a parcel of land in the same ownership and having any yard or court in common.

Cottage dwelling groups are a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent lowdensity residential uses. §9058.1 APPLICABILITY
This section applies to dwelling groups where allowed or permitted.

1. Dwelling groups are considered a form of multi-family housing. Within the R2 (Medium Density Residential) and R3 (High Density Residential) Zoning Districts, Dwelling Groups are an allowed use if adhering to Article 5.2 (Objective Design and Development Standards for New Residential Construction).

2. Dwelling groups must meet the development criteria of the base zone.

3. Cottage dwelling groups are permitted in the R1 (Low Density Residential) Zoning District. Cottage dwelling groups must meet the development criteria of the base zone, as well as the additional standards and exceptions outlined below.
a. Cottage dwelling groups may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a cottage dwelling group only if the single-family residence is included in the total floor area allowance below.
b. Occupancy. Dwelling groups may not be rented on a transient basis (periods less than thirty (30) days).
c. Siting Requirements.
i. Airport Compatibility. The proposed site shall not be located on any parcel that features airport compatibility Zones 1 (Runway Protection Zone), 2 (Inner Approach/Departure Zone), 3 (Inner Turning Zone) or 5 (Sideline Zone).
ii. Minimum parcel size. The minimum parcel size shall be nine thousand (9,000) square feet.
iii. Setbacks. Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10'). d. Parking. One (1) reserved space per unit, and (1) guest parking space for every 3 units or portion thereof.
e. Accessory structures that serve on-site users and are subordinate in use and scale to the cottages (e.g. accessory storage, garages, etc.) are allowed subject to setback requirements for accessory structures.

f. Design and Development Standards. Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions:
i. Density. On parcels that meet the minimum parcel size, the maximum density shall be one (1) cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.
ii. Size. The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes are allowed by approval of a use permit. g. Site Layout.
i. Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.

1. Cottages should generally be no more than twenty-five feet (25') from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.

2. Orientation. Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged.
§9058.2 PERMIT REQUIREMENTS
All cottage housing developments are subject to a Use Permit within the R1 zoning district. A Site Development Permit is required for any ‘Dwelling Group’ in the R2 and R3 zoning districts that does not comply with the design and development standards as required by Chapter 2, Article 5.2.

ARTICLE 21: DEFINITIONS
SECTION:
§9275 Purpose
§9276 Application
§9277 Terminology
§9278 Definitions
§9278 DEFINITIONS
A. Any words or phrases not defined within this article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the Community Development City Planning Director shall have the authority to define the term or equate it to a defined term that is similar in nature.

B. For purposes of this article, the words and phrases set out herein shall have the following meanings Dwelling Group, Cottage: A form of ‘Dwelling Group’ that features smaller units with shared parking and common open areas within existing low- and medium-density urban residential neighborhoods.

Duplex - Stacked: A small (2 to 2.5-story), detached structure that consists of two dwelling units arranged one above the other, each with an entry from the street. This type has the appearance of a small-to-medium single-unit house Duplex – Side-by-Side: A small (1 to 2-story), detached structure that consists of two dwelling units arranged sideby-side, each with an entry from the street.

Townhouse: A small-to medium-sized attached structure that consists of 2 to 16 multi-story dwelling units placed side-by-side. Entries are on the narrow side of the unit and typically face a street or courtyard. The street façades have entrances and avoid garages.

Missing Middle Ordinance
2040 Ukiah General Plan – Implentation
City of Ukiah
Department of Community Development
Planning Division
10/02/2024

Missing Middle
Duplex Stacked
Multi-Plex
Dwelling Group

Missing Middle
Mom & Pop
Grocery Multiplex
Duplex Side by
Side
FourPlex

Ukiah General Plan – Land Use Element

City of Ukiah – Housing Strategy
Housing Strategy
(2017)
•Affordable Housing Strategy
•Middle Income Housing Strategy

1. By Right Residential Uses in Commercial

2. Objective Design & Development Standards

3. Reduced Setbacks, Parking, Site Arear (2021)
Housing
Element
(2019)

City of Ukiah – Housing Updates (2024)
Lot Line Adjustment
(2024)
Creates flexibility to more
easily adjust lot lines to
better utilize underdeveloped
lots.
1 Accessory Dwelling Units
(2020; 2024)
Allows for additional capacity
in existing neighborhoods;
tailored to Ukiah but does
leverage State regulations.
2 Missing Middle
(2024)
Allows for Duplexes, Reduced
Setbacks (R1-R3), ‘Mom &
Pop Grocery Store’, codifies
SB 9, and fulfills 2040 UKGP.
3

Traditional Development Pattern – School Street
1885
1930
1920

Visualizing & Defining Missing Middle

Overview
• Dwelling Groups
• New UCC Article
• Development Standards
• Setbacks; Lot Size;
Parking
• Improved Readability
• Reduce Duplication
• State Law Compliance
• SB9; SB 1395; AB 101
• UKIALUCP Reference
• ‘Mom & Pop’ Grocery
Stores

Recommendation
Introduction of an Ordinance, by Title Only,
Amending and Adding Various Sections oft he Ukiah
City Code to More Effectively Regulate 'Missing
Middle Housing' Consistent with the Land Use
Element of the Ukiah 2040 General Plan

Agenda Item No: 12.c.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-630

AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of a CDBG Application in Response to the 2024 State Community Development Block Grant Program Notice of Funding Availability; and Approve Corresponding Budget Amendments if Awarded Funding for the Application.

DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Housing and Grants Manager PRESENTER: Jim Robbins, Housing and Grants Manager
ATTACHMENTS:

1. 2024_CDBG_NOFA

2. LocalAppPublicNotice

3. Local_App_2024

4. LocalApp_PlanningStudy

5. LocalApp_FTHB_Program

6. Resolution
Summary: Council will conduct a Public Hearing to consider adoption of a Resolution approving the submittal of a CDBG Application in response to the 2024 State Community Development Block Grant Program Notice of Funding Availability; and approve corresponding budget amendments if awarded funding for the application.

Background: On August 30, 2024, the California Department of Housing and Community Development (HCD) released a 2024 Notice of Funding Availability (NOFA) for approximately $34 million in federal funds for the state Community Development Block Grant (CDBG) program (Attachment 1). The objectives of the CDBG program are to develop viable communities through the provision of decent affordable housing and a suitable living environment, and to expand economic opportunities, principally for the benefit of Low- and ModerateIncome (LMI) persons, families, households, and neighborhoods.

State CDBG Citizen Participation regulations require a design phase public hearing to initiate the annual CDBG funding cycle. Staff conducted a design phase public hearing on February 12, 2024. Regulations also require a public hearing to adopt a Resolution authorizing submittal of applications to HCD. That is the purpose of this public hearing.

City of Ukiah Local Application Process
The City has developed a local application process to inform stakeholders and potential applicants of the CDBG NOFA and to establish a fair process by which local applicants can be considered for a possible City CDBG application submitted to the State. On January 30, 2024, the City published a public notice in the Ukiah Daily Journal (Attachment 2) announcing the public meeting and describing the process for the 2023 and 2024 NOFAs. Staff also emailed local stakeholders about the meeting. On February 12, 2024, Staff met with local stakeholders and other City Staff to discuss the 2023 and 2024 NOFAs and the City's local application process. Staff also distributed the City's Local Application form (Attachment 3), which mirrors application threshold requirements in the State CDBG application.

Local applications were due by February 26, 2024, and three applications were received from the Community

Development Department by the deadline. The three applications were for a Program Income-Only Business Assistance Program (approved by the City Council for submittal to HCD through Resolution 2024-38 on August 21, 2024), a "Fire Station Feasibility Study and Assessment," to assist the Ukiah Valley Fire Authority with the goal of establishing one or two new fire stations in Ukiah or in adjacent census tract block groups of the Ukiah Valley, and a First-Time Homebuyer (FTHB) Program to assist LMI individuals and families with the purchase of homes in the Ukiah city limits.

The FTHB program was proposed partially in response to citizen comments at the February 12 meetingspecifically, that financial assistance for the purchase of homes is in high demand in the Ukiah area.

Community Development Department Staff also proposed the FTHB program to be responsive to direction within the City's 2019-2027 Housing Element, as noted below. • Goal H-2: Expand housing opportunities for all economic segments of the community, including special needs populations.
• Policy 2-6: Expand affordable housing opportunities for first time homebuyers. • Implementing Program 2j: First Time Homebuyer Assistance. The City of Ukiah [is to] offer assistance to eligible first-time homebuyers to purchase new or existing single-family or condominium units in the city. The program utilizes a combination of HOME, CalHome, CDBG, and/or other resources as they become available- through the Ukiah Housing Trust Fund.

The fire station feasibility study was proposed due to the Ukiah Valley Fire Authority's (UVFA) South Station and North Station surpassing their useful life spans and the limitations posed by the Stations due to expanding staffing and equipment needs.

Discussion: Local applications submitted for a "Fire Station Feasibility Study and Assessment" (Attachment 4) and a First-Time Homebuyer Program (Attachment 5) met CDBG eligibility requirements and are consistent with the goals of the Ukiah Valley Fire Authority, the City's 2024-2025 Capital Improvement Plan, and the City's 2019-2027 Housing Element.

Staff Recommendation to Council
The following is requested and is included in the attached Resolution (Attachment 6):

City of Ukiah Fire Station Feasibility Study and Assessment - up to $300,000 (activity funds only) City of Ukiah First-Time Homebuyer Program - up to $1,500,000 (includes activity, activity delivery, and general administration funds)
To proceed with this recommendation, staff requests that Council 1) conduct a Public Hearing; 2) adopt the Resolution in Attachment 6; and 3) approve any corresponding budget amendments if awarded funding for the application.

Recommended Action: Conduct a Public Hearing to consider adoption of a Resolution approving the submittal of a CDBG Application in response to the 2024 State Community Development Block Grant Program Notice of Funding Availability; and approve corresponding budget amendments if awarded funding for the application.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A ($1,800,000 in CDBG grant funds if awarded) FINANCING SOURCE: State CDBG Program grant funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Andrea Trincado, Grants Manager; Craig Schlatter, Community Development Director; and Douglas Hutchison, Fire Chief

DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP):GP-A8 - Housing Element (2019-2027)L Goal H-2, Policy 2-6, and Implementing Program 2j.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FEDERAL FINANCIAL ASSISTANCE
651 Bannon Street, 7th Floor
Sacramento, CA 95811
(916) 263-2771
www.hcd.ca.gov
California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 1
August 30, 2024
MEMORANDUM FOR: All Potential Applicants
FROM: Jenny Cho, Deputy Director
Division of Federal Financial Assistance
SUBJECT: 2024 Community Development Block Grant
Program Notice of Funding Availability
The California Department of Housing and Community Development (Department) is announcing the release the 2024 Notice of Funding Availability (NOFA) for approximately $34 million in federal funds for the Community Development Block Grant (CDBG) program.

Funding for this NOFA is available to the state from the United States Department of Housing and Urban Development (HUD), pursuant to the Housing and Community Development Act of 1974, as amended, and 24 Code of Federal Regulation (CFR) Part 570 Subpart I “State Community Development Block Grant Program.” These regulations require the state to make funds available to the state’s non-entitlement Units of General Local Government (UGLGs).

Units of General Local Government are defined by HUD as political subdivisions of the state, which in California are towns, cities, and counties. Only non-federally recognized Tribes can receive funding through applications submitted by non-entitlement Units of General Local Government. No direct funding from the Department can be provided to Tribes, TriballyDesignated Housing Entities, or nonprofits.

Applicants are encouraged to set-up profiles in the eCivis Portal at eCivis Portal | Login as early as possible. Profile set-up instructions and other technical assistance can be found in the eCivis Grants Network External User Manual found on the Department’s CDBG webpage under the “Resources” tab.

Applicants are encouraged to begin the application process early to ensure successful submission before the application deadline. If you have issues logging into the portal or have questions on how to complete the online application, please contact the Department at [email protected].

To receive CDBG program NOFA FAQs, emails, and other information and updates, please sign up for emails and check the “Federal Programs” box. If you have any questions, please submit them to [email protected].

All activities in this NOFA are subject to availability of funds and continuing HUD and legislative authority.

Attachments
ATTACHMENT 1

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 1
Community Development Block Grant Program
2024 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development Division of Financial Assistance, Federal Programs Branch, Community Development Block Grant Program
651 Bannon Street, 7th Floor, Sacramento, CA 95811
Email: [email protected]
August 30, 2024

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 2
Table of Contents
Table of Contents.......................................................................................................................... 2 I. Overview................................................................................................................................ 4 A. Notice of Funding Availability.................................................................................. 4 B. Estimated Timeline ................................................................................................. 4 C. What is new in this NOFA ....................................................................................... 5 D. Authorizing Legislation............................................................................................ 7 II. Allocation and Funding .......................................................................................................... 8 A. Definitions ............................................................................................................... 9 III. Program Requirements ......................................................................................................... 9 A. Eligible Applicants................................................................................................... 9 B. Non-Entitlement Status ........................................................................................... 9 C. Housing Element Compliance...............................................................................10 D. Growth Control Limitations....................................................................................10 E. Limits for Administration and Planning..................................................................11 F. Insufficient Demand ..............................................................................................11 G. Eligible Activities ...................................................................................................11 H. Application Limits..................................................................................................12 I. Additional Requirements.......................................................................................14 IV. Application Requirements....................................................................................................15 A. National Objectives...............................................................................................15 B. Milestones.............................................................................................................15 C. Conditions.............................................................................................................16 V. Application Threshold and Initial Requirements ..................................................................16 A. Eligible Applicant...................................................................................................16 B. Single Audit...........................................................................................................17 C. Site Control ...........................................................................................................17 D. Statement of Assurances (Appendix D)................................................................18 E. Public Participation ...............................................................................................18 F. Resolution.............................................................................................................18 G. TIN ........................................................................................................................19 H. Budget...................................................................................................................19 I. Sources and Uses Chart.......................................................................................20 J. System for Award Management (SAM) ................................................................20 K. State Objectives....................................................................................................20 L. National Environmental Policy Act of 1969 (NEPA)..............................................20 M. Construction Projects............................................................................................21

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 3
N. Economic Development (ED) Programs Only.......................................................21 VI. Application and Activity Requirements ................................................................................22 A. Federal Cross-Cutting Requirements ...................................................................22 B. Application Verification..........................................................................................22 C. Application Submission.........................................................................................23 D. Timely Submittal ...................................................................................................23 E. Gap Funding .........................................................................................................23 F. Good Standing......................................................................................................24 G. Racial Equity .........................................................................................................24 H. Homelessness Assistance....................................................................................25 I. Scoring ..................................................................................................................25 J. Readiness.............................................................................................................26 VII. Application Submission .......................................................................................................26 A. Workshops............................................................................................................26 B. Submission Process .............................................................................................27 C. Applicant Responsibility ........................................................................................28 D. Disclosure of Application.......................................................................................28 VIII. Application Review ..............................................................................................................28 A. Review Process ....................................................................................................29 IX. Award Recommendations ...................................................................................................29 X. Appeal Criteria and Process................................................................................................29 A. Competitive Application Appeals ..........................................................................30 B. OTC Application Appeals......................................................................................31 XI. Awards Announcement and Grant Implementation.............................................................32 A. Awards Announcements .......................................................................................32 B. Standard Agreements ...........................................................................................32 XII. Federal Program Requirements ..........................................................................................32 A. Federal Cross-Cutting Requirements ...................................................................33 B. Build America, Buy America Act (BABA) ..............................................................33 C. Relocation Plan Requirements .............................................................................34 D. Procurement Requirements ..................................................................................35 E. False, Fictitious or Fraudulent Claims...................................................................35 F. Whistleblower Protection Acts ..............................................................................36 G. The California Whistleblower Protection Act.........................................................37 XIII. LIST OF APPENDICES.......................................................................................................39

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 4
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) announces the availability of approximately $34 million in funding available through the federal Small Cities Community Development Block Grant Program (CDBG) for the 2024 funding year.

The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, a suitable living environment, and to expand economic opportunities, principally for the benefit of Low- and Moderate-Income (LMI) persons, families, households, and neighborhoods.

Applicants are expected to plan activities that will reduce disparities and increase racial and socioeconomical equity in their communities. Applicants are to ensure all eligible persons receive equitable access to services, and are served with dignity, respect, and compassion regardless of circumstance, ability, or identity, which includes marginalized populations, including but not limited to, Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other people of color, immigrants, people with criminal records, people with disabilities, people with mental health and substance abuse vulnerabilities, people with limited English proficiency, people who identify as LGBTQ+, and other individuals that may not traditionally access mainstream support.

All applications will be reviewed for completeness and compliance with state and federal requirements. Only complete and compliant applications will be eligible for application review, approval, and potential funding per 42 U.S.C. §5302(a), 24 CFR Part 570 and the State CDBG Guidelines.

B. Estimated Timeline
CDBG NOFA Releases August 30, 2024
Submission Portal for All
Applications Opens October 29, 2024, at 9AM P.D.T.

Application for Competitive
Solicitation Closes December 30, 2024, at 3PM P.D.T.

Application for OTC
Solicitation Deadline
When funds are exhausted or December
30, 2024, at 3PM P.D.T., whichever
comes first
Contract Execution for
Competitive Applications May 2025

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 5
Contract Execution for OTC
Applications Rolling basis starting May 2025
Expenditure Deadline 2 years, 9 months from contract
execution
Applications submitted before the application open date or after the respective closing date or deadline will not be accepted. There will be no exceptions. The Department recommends Applicants plan to submit their application(s) well before the application deadline to provide opportunity for troubleshooting if needed.

Each application will be digitally time-stamped upon submittal.

If this NOFA is undersubscribed, unawarded funds may be made available under a subsequent NOFA. If funds become disencumbered between this NOFA release and the application deadline, the disencumbered funds may be made available under this NOFA or any subsequent NOFA’s, at the department’s discretion. If disencumbered funds exceed applications, the disencumbered funds will be made available under a subsequent NOFA.

C. What is new in this NOFA

1. A comprehensive list of eligible activities under this NOFA can be found here:

IDIS CDBG Matrix Code/National Objective Table.

2. Public Service and Planning activities are eligible under a Competitive Application process.

3. Housing Program and Economic Development Program activities are eligible under an Over-The-Counter application process.

4. Economic Development Programs and Housing Programs with multiple activity types (e.g., ED Assistance to For-Profits and Micro-Enterprise Assistance or Homeownership Assistance and Housing Rehabilitation) will be considered as a single application and, if awarded, will be funded under a single Standard Agreement.

5. Maximum number of applications a jurisdiction can apply for has increased from one (1) application in the 2023 NOFA Amendment #1 to three (3) applications in this 2024 NOFA and are as follows:
• 1 OTC Project + 1 OTC Program + 1 Competitive -OR-
• 1 OTC Project + 2 Competitive -OR-
• 1 OTC Program + 2 Competitive.
**Note: 2 OTC Project, 2 OTC Program, or 3 Competitive
applications are NOT allowed.

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 6

6. Funding limits have been updated as follows:
i) Total grant award for all activities combined per jurisdiction shall not exceed $3.6 million.
ii) Competitive Applications shall not exceed $300,000. iii) OTC Project application limit shall not exceed $3.3 million. iv) OTC Program application limit shall not exceed $1.5 million.

7. Application Process
i) A complete application consists of:
a.One Main Application -ANDb.One Sub Application PER Matrix Code *For a complete Housing or Economic Development Program application, a Sub Application is required for each activity (matrix code) for the program.
ii) All applications must be submitted through the eCivis Grants Network Portal before the applicable closing date and/or deadline.

8. Applications must demonstrate Build America, Buy America (BABA) compliance, as applicable.

9. In accordance with CDBG Program Guidelines Section 202(a)(2), 50 Percent Rule, Grantees shall be ineligible to apply for any additional CDBG funds for Public Services or Planning activities unless, at the time of application submission, the grantee has expended at least 50 percent of CDBG funds previously awarded for such an activity. To encourage timely expenditure, this will mean ANY Planning grant or Public Service grant, regardless of matrix code.

10. For all CDBG-funded programs including Public Services and Housing or Economic Development programs, threshold documentation of site control can be satisfied with a current lease for the location from which the program will operate and a signed statement from the authorizing official that the grantee intends to extend the lease upon expiration. A new or renewed lease must be submitted at expiration of the current lease.

11. Membership in local Continuum of Care (CoC) is now a requirement for activities involving homelessness assistance.

12. Permit requirements have been added to competitive projects.

13. Authorized Signatory for cities must be the Mayor or Mayor pro tempore unless there is an ordinance or municipal code designating another position.

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 7

14. Completed Law and Authority topic worksheets must be included with all Environmental Review Records.

15. All OTC applications must demonstrate readiness to the satisfaction of the Department.

D. Authorizing Legislation
Funding under this NOFA is made available pursuant to the Housing and Community Development Act of 1974. This NOFA should be read in conjunction with the following statutes, regulations, and guidelines that establish state and federal CDBG requirements. Relevant legal authorities include, but are not limited to, the following:
• 24 Code of Federal Regulations (CFR) §570.480, et. Seq, Federal CDBG Regulations
• 24 CFR Part 58, Environmental Review Procedures
• 2 CFR Part 200, Uniform Grant Administration Requirements • Health & Safety Code (HSC) §§50825-50834, State of California CDBG program
• CDBG Final Program Guidelines
• 2020-2024 State of California Consolidated Plan
• 2024-2025 State of California Annual Action Plan
If there are changes to federal or state statutes, regulations, guidelines, or other laws governing the CDBG program, or if funding is modified by Congress, HUD, the Department, or the state Legislature, these changes may become effective immediately and apply to activities under this NOFA.

Note: The Housing and Community Development Act of 1974 (HCDA) is codified as Title 42 U.S.C. §5301, et. seq.: thus, those citations are interchangeable and cite the same statute language. For example, the citation of HCDA 105(a)(22) and 42 U.S.C. §5305(a)(22) are references to the same statute language. For the purposes of this NOFA, we will use the 42 U.S.C. §5301 citations for references to the federal statutes.

In administering this NOFA, if there is a conflict between the federal statutes or regulations and state statutes or guidelines, the federal statutes and regulations shall prevail. All activities in this NOFA are subject to availability of funds and continuing HUD and California legislative authority. The Department reserves the right, at its sole discretion and at any time, to rescind, suspend or amend this NOFA and any or all its provisions.

The Department will notify interested parties through listserv emails and by posting notification on the Department website if the Department rescinds, suspends, or

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 8
amends this NOFA. This NOFA is not a commitment of funds to any Activity or Applicant.

II. Allocation and Funding
Funds will be allocated in accordance with federal regulations found in 24 CFR §570 and state statute, as found in HSC §50827, et seq. For more information, please reference the CDBG Guidelines, Section 200.

The table below include the estimated percentage of Funding Allocations for the 2024 NOFA:

Funding Allocation Percentage Estimated Dollar Amount
Local Administration 7% $2,500,000.00
Competitive Awards (Public Service)
(24 CFR 570.201(e)(1))
Competitive Awards (Planning) (24
CFR 570.483(b)(5))
≤15%
≤10%
$5,400,000.00
$3,600,000.00
Over-the-Counter Awards (Housing
59% $20,500,000.00
Colonias Set-Aside (Section 916 of
the National Affordable Housing Act)
Set-aside of
5% $1,800,000.00
Non-federally recognized Tribes
Set-Aside (HSC §50831)
Set-aside of

1.25% $455,000.00
*Note: The amount of total funding available and the allocations of those funds are only estimates and are subject to change without notice.

Projects, Economic Development
Projects, Housing Programs,
Economic Development Programs)

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 9
A. Definitions
Except as otherwise defined herein, all defined terms have the meaning set forth in 42 U.S.C. §5302(a), 24 CFR Part 570, and the State CDBG Guidelines.

III.Program Requirements
All Program Requirements, Application Requirements, Application Threshold and Initial Requirements, and Application and Activity Requirements set forth in Sections III-VI must be met. Failure to timely satisfy all of the requirements will result in disqualification.

A. Eligible Applicants

1. Only non-entitlement Units of General Local Government such as cities, counties and municipalities are eligible to apply. Federally recognized Tribes, non-federally recognized Tribes, and nonprofits may receive assistance only by entering into a subrecipient agreement*, a Memorandum of Understanding, or a contract with an eligible Applicant.
*A subrecipient agreement is a written agreement in effect for each subrecipient before giving out any CDBG funds and remaining in effect for the period during which a subrecipient has control over any CDBG funds, including Program Income. At a minimum, a subrecipient agreement must contain content required by the federal CDBG regulations at 24 CFR §570.503.

2. Applicants must meet one or more of the following requirements when the application is submitted to be eligible to apply for funding under this NOFA:
i) An eligible Applicant may apply on its own behalf.
ii) An eligible Applicant may apply on behalf of one or more other eligible Applicants.
iii) Two or more eligible Applicants, which share an activity, may submit a joint application.
iv) An eligible Applicant may apply on behalf of an eligible subrecipient including a non-federally recognized Tribe or nonprofit.
v) In addition to Activity and application limits identified in this NOFA, an eligible Applicant may apply for activities in service areas within or outside of the Applicant’s Jurisdiction when the Applicant is applying for funds set aside by the California State Legislative for non-federally recognized Tribes (HSC §50831) and/or Colonias.

B. Non-Entitlement Status

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 10
CDBG program funds are provided as grants to Non-Entitlement Units of General Local Government (UGLGs). These UGLGs are encouraged to partner with federally- and non-federally recognized Tribes, districts, agencies, nonprofit service providers, and other community organizations, whenever appropriate, to prepare and submit applications for CDBG funding, and to administer and complete CDBGfunded programs and projects.

Incorporated cities located in an urban county as defined by 42 U.S.C. §5302 (a)(6) must formally elect to be excluded from participation in the urban county entitlement status. HUD and the Department must be notified that the city has elected to be excluded from the urban county participation as per 24 CFR 570.307(g) for it to be eligible for the state CDBG program. Only eligible activities from eligible Applicants will be considered for an award.

Applications for eligible activities outside the Applicant's Jurisdiction must include a legally binding agreement, acceptable to the Department, with the city or county in which the eligible Activity is located. Applicants may not apply to both the State CDBG program and to a CDBG program administered by an Urban County or other entitlement entity during the same program year.

C. Housing Element Compliance
As per HSC §50829, the Applicant must, at a minimum, submit a draft or adopted housing element to the Department in accordance with the requirements listed in Government Code (GC) §65580, et seq., and GC §65585 (see Appendix B) prior to an application submission. Jurisdictions who fail to complete the Housing Element compliance process in a timely manner will be ineligible for funding until the Housing Element meets requirements pursuant to H.S.C. 50829 and 50830. Per CDBG Guidelines, Section 202(a)(4), by the time of award funding, the Applicant must have complied with all the Housing Element requirements listed in H.S.C. 50829 and 50830.

D. Growth Control Limitations
Applicants that have adopted growth controls, including, but not limited to, restrictions on residential building permits and residential buildable lots, that do not meet the exception criteria in HSC §50830 (b) and (c) are ineligible for funding as per HSC §50830. Applicants intending to apply for CDBG funds are required to submit a signed 2024 CDBG Application Certifications and Statement of Assurances form that certifies the Applicant has not adopted any residential growth controls or adopted residential growth controls meet the applicable exception criteria. Failure to submit an executed Application Certifications and Statement of Assurances at the time of application will result in Applicant ineligibility.

California Department of Housing and Community Development 2024 Community Development Block Grant Program NOFA 11
E. Limits for Administration and Planning

1. Program Administration
The Department can use 3 percent of the total funding +$100,000 for administration costs.

2. General Administration (GA)
i) Applicants may request up to 7 percent of the total CDBG grant funding requested by that Applicant for General Administration (GA). For detailed information regarding General Administration costs, see Chapter 6: Financial Management of the current posted version of the CDBG Grants Management Manual (GMM), as may be amended, which is found on the CDBG page of the Department’s website.
ii) The calculation to determine the maximum allowable General Administration amount is the amount of Activity expenses plus Activity Delivery expenses, multiplied by 7 percent. Appendix G has been provided for ease of calculation. iii) In general, there should be minimal GA. Staff time and/or work completed directly on a specific Activity should be reported as Activity Delivery Cost (ADC) whereas the overall management of the CDBG Program, such as NOFA webinars and Office Hours, should be reported as GA.
iv) For detailed information regarding ADC, see Chapter 6: Financial Management of the current posted version of the CDBG GMM, as may be amended, which is found on the CDBG page of the Department’s website. v) GA should be requested in the Main Application for the aggregate amount of all Sub Applications.

3. GA for Program Income (PI) funds is 17 percent of the annual PI receipts for the most recently completed Department Program Year (e.g., for PY 2023, receipts PY 2022 (July 1, 2022 – June 30, 2023).

4. Applicants may elect to assign more funds to Activity costs and take less than the 7 percent (17 percent for Program Income) as their GA allocation.

5. For project budgets with both grant award and PI as funding sources, applications must identify how much GA will be from each source to ensure that GA stays within the appropriate program caps.

F. Insufficient Demand
If there is insufficient demand under this NOFA, the Department will make the unused funding available under subsequent CDBG NOFA(s).

G. Eligible Activities

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For a complete list of eligible activities allowed under the HCDA, go to 42 U.S.C. §5305 and Chapter 2 of the current version of the CDBG Grants Management Manual which is found on the CDBG page of the Department’s website. For a list of eligible activities allowed under this NOFA, go to: IDIS CDBG Matrix Code/National Objective Table (ca.gov).

Pursuant to both federal and state laws all CDBG costs must:

1. be eligible;

2. be necessary;

3. be reasonable;

4. not be used to supplant local or state resources; and

5. be guarded against fraud.

H. Application Limits

1. Each Jurisdiction can submit up to three (3) applications during this NOFA cycle.
i) 1 OTC Project + 1 OTC Program + 1 Competitive -ORii) 1 OTC Project + 2 Competitive -ORiii) 1 OTC Program + 2 Competitive. **Note: 2 OTC Project, 2 OTC Program, or 3 Competitive applications are NOT allowed.

2. The two (2) Competitive Applications can be 2 Public Service, 2 Planning, or 1 Public Service and 1 Planning Application.

3. The maximum combined award amount per jurisdiction is $3.6 million. Each activity must have a unique Sub Application with a complete budget, National Objective, scope of work, and milestone timeline.

4. For Housing and Economic Development Programs with multiple matrix codes, the Main Application’s Budget will need to breakdown the total amount requested by each matrix code activity.

5. Applicants are encouraged to review the sample draft Standard Agreement in Appendix K as a sample of the applicable terms and conditions required for CDBG funded activities.

6. The $3.6 million per jurisdiction limits do not apply to Colonias and Native American set-asides. The maximum activity limits are listed below. Program Income (PI) included in an activity budget does not count against the Jurisdiction’s maximum award limit.

7. Activity Limits
i) Competitive Applications

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• Public Service – up to $300,000
• Planning – up to $300,000
ii) Over-the-Counter (OTC) Applications
• Projects – up to $3.3 million
• Housing Programs – up to $1.5 million
• A Housing Program can include the following activities. Each activity must have its own Sub Application.
 13A – Housing Counseling
 13B – Single Family (1 - 4 units) Homeownership
Assistance
 14A – Single Family (1 - 4 units) Housing
Rehabilitation
 14F – Single Family (1 - 4 units) Energy Efficiency
Improvements
 15 – Code Enforcement
• Economic Development Programs – up to $1.5 million
• An Economic Development Program can include the following activities. Each activity must have its own Sub Application.  18A – Economic Development Direct Financial
Assistance to For-Profit Business
 18B – Economic Development Technical Assistance
 18C – Economic Development: Microenterprise
Assistance

8. Code Enforcement – Changes. Different from previous years, to align with HUD’s directive regarding code enforcement programs, the Code Enforcement activity will only be eligible under the Housing Program application. Per HUD, code enforcement is defined as a process whereby local governments gain compliance with ordinances and regulations regarding health and housing codes, land use and zoning ordinances, sign standards, and uniform building and fire codes. The CDBG program expects the focus of code enforcement to be on health and safety issues in buildings and structures. • To gain compliance with HUD’s intent for the program, applicants are required to demonstrate a $1:$2.50 ratio of code enforcement to housing rehabilitation availability. That is to say, for every $1 of code enforcement funds requested, Applicants must have $2.50 in demonstrated or applied for funds for a Housing Rehabilitation Program.

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a. “Demonstrated” refers to housing rehabilitation program(s) already in existence within the Applicant’s jurisdiction.
b. “Applied for” funds refers to a housing rehabilitation program through this Application.

I. Additional Requirements

1. Americans with Disabilities Act and Physical Accessibility Requirements i) The Grantee shall ensure compliance with all applicable state and federal building codes and accessibility laws and standards. All developments shall adhere to the accessibility requirements set forth in: (i) California Building Code Chapters 11A and 11B; (ii) the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and its regulations at 24 CFR part 100 (particularly 24 CFR 100.205), and its design and construction requirements, including ANSI A117.1-1986, and the Fair Housing Accessibility Guidelines, March 6, 1991, in conjunction with the Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers About the Guidelines, June 28, 1994; and (iii) the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and its Title II and Title III regulations at 28 CFR parts 35 and 36; and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and the implementing HUD regulations at 24 CFR Part 8.

2. Construction Standards/Requirements
i) All residential construction Projects, where applicable, must comply with the housing construction codes of the State of California. All units must meet these codes as well as any locally adopted codes and ordinances. Housing construction codes for building in California follow federal and state laws, regulations, and adaptions for construction of single family and multifamily units.

The State Housing Law Program within the Department continuously refines the building standards to ensure they comply with new or changing laws and regulations and develops statewide building standards for new construction of all building types and accessories. The State Housing Law Program also develops the building standards necessary to provide accessibility in the design and construction of all housing other than publicly funded housing. The building standards are published as the California Building Standards Code under the California Code of Regulations, Title 24, and construction standards in the Standard Agreement must meet or exceed all applicable requirements for housing or building construction. Tribal Entities with Projects on Native American Lands are required to follow their own tribal building codes or the International Building Code.

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IV. Application Requirements
A. National Objectives
CDBG-funded activities must meet the following National Objective:
• Benefit LMI persons
At least 70 percent of the funds awarded must benefit LMI individuals or households.

No activity or portion of a program assisted by these funds may exclude from its benefits the lowest income-eligible group. Individual activities must meet the Low- to Moderate-Income National Objective as defined and described in detail in Chapter 2 of the CDBG GMM:

B. Milestones
All CDBG program-funded activities must be timely implemented in accordance with the milestones defined in the Standard Agreement. Milestones should be project/program specific and a reflection of significant progress. Applicants must include at least five (5) milestones per Activity application. The first and last milestone will be prepopulated and cannot be edited by Applicants. Failure to meet the first milestone identified, is a material breach of the Standard Agreement and will result in a for-cause termination of this Agreement.
• First Milestone: Activity Initiation. Must be completed no later than 60 days from the Effective Date of the Standard Agreement.
• Milestone Two: [populated by Applicant] – examples below • Milestone Three: [populated by Applicant] – examples below • Milestone Four: [populated by Applicant] – examples below • Final Milestone: Activity closeout (must be completed no later than 90 days after the Expenditure Deadline).

TIP: The Department recognizes that Applicants’ proposed milestone dates are estimates.

Instead of using an actual date for all optional milestones, please utilize time frames.

For example:

Milestone One (required): Activity Initiation. Must be completed no later than 60 days from the Effective Date of the Standard Agreement.

Milestone Two: Release Invitation for Bid (IFB) within 90 days of Standard Agreement execution by HCD.

Milestone Three: Execute contract with a General Contractor within 120 days of Standard Agreement execution by HCD.

Milestone Four (optional): Begin construction within 9 months of Standard Agreement execution by HCD.

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Milestone Five: Record Notice of Completion within 2 months of project completion.

Milestone Six (required): Activity closeout (must be completed no later than 90 days after the Expenditure Deadline).

If necessary, prior to Standard Agreement execution, your CDBG representative may update milestones if changes need to be made.

Additional milestones are optional, though encouraged for best practice of Activity implementation. Applicants are encouraged to evaluate feasibility of meeting milestones and build time for unexpected delays into the milestone schedules.

Milestones may not extend beyond the term of the Standard Agreement. All milestones proposed by Applicants are subject to the review and approval of the Department in its discretion.

C. Conditions
Applicants and awardees acknowledge that the funding opportunities referenced in this NOFA, and all obligations of the Department herein, are expressly subject to and conditioned upon the ongoing availability of funds, as well as the continued federal and state authority of the Department to operate the CDBG program. In the event that funds are not available, the CDBG Program or Act under this NOFA is eliminated, or in any way restricted, the Department shall have the option, at its sole discretion, to amend, rescind, suspend, or terminate this NOFA and any associated funding pursuant to the provision set forth immediately above.

This NOFA is not a commitment of funds to any Activity or Applicant and the submission of an application does not guarantee an award to an Applicant.

V. Application Threshold and Initial Requirements
All applications are required to meet and pass threshold requirements at the time of application submission, as determined by the Department. Over-the-Counter applications that do not meet threshold will not be reviewed for award and may be immediately disqualified or reverted to draft. Competitive Applications that do not meet threshold will not move on to scoring and may be immediately disqualified.

The Department strongly recommends a careful review of the application and application instructions PRIOR to beginning the application.

A. Eligible Applicant

1. Applicant must be an Eligible Applicant as defined under Section III. Program Requirements of this NOFA.

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2. Applicant must demonstrate to the satisfaction of the Department that it is compliant with the financial management requirements of 2 CFR §200.

B. Single Audit
Applicant must provide the Department with its most recent single audit (as submitted to the State Controller’s Office), if applicable. If the Applicant had or has single audit findings identified in the audit, the Applicant must include the remediation plan/agreement; the Applicant will be deemed ineligible for funding through the CDBG program until the findings are resolved or a remediation plan or agreement is established. Any and all single audit findings are included in this evaluation.

This requirement is not limited to federal funds administered by the Department. If an Applicant is not subject to single audit requirements, the Applicant is not required to submit an audit.

If an Applicant is not required to submit an annual single audit, they must provide documentation directly from the State Controller’s Office (SCO) to such effect.

C. Site Control

1. If securing federal funding is contemplated for any stage of a project at the time a project site is acquired, grantee must complete a NEPA environmental review record prior to completing the acquisition. Failure to do this will result in a choice-limiting action, which prohibits the project from receiving any federal funds in the future. If a site is to be acquired for a CDBG-funded project, regardless of whether CDBG funds are used for acquisition or development and construction, evidence of site control must be provided.

Acceptable evidence of site control may be conveyance documentation with substantiation that the transfer is contingent on completion of a NEPA environmental review record and securing federal funds.

Applicant must submit evidence of site control.

2. Construction-related activities must have documented site control for the year in which the application is submitted and for the duration of the Standard Agreement. Public facilities are subject to a five-year no change in use restriction. This restriction will be recorded against the property, will run with the land, and remain in effect regardless of the ownership of the property.

3. If project/activity is in a public right of way or easement, the grantee must submit an opinion of counsel that all necessary rights, easements, and permits have been obtained.

4. If site control is expected to expire during the open activity period, the Applicant must document that either an alternative site will be made available or that the

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activity operators intend to extend or renew the site control on the existing site.

All activities will need to provide proof of intent to extend site control and submit documentation upon site control extension. Site control must be maintained through the operation period of the activity.

5. Acceptable evidence of site control include: a conditional purchase agreement or enforceable option for projects involving acquisition, a deed or lease, or a title report showing ownership of the property vested in the applicable entity. The determination as to what constitutes acceptable evidence of site control shall be made by the Department in its sole discretion.

D. Statement of Assurances (Appendix D)
Applicant must submit the fully executed Certifications and Statement of Assurances (see Appendix D), including the Jurisdiction’s name, initialing all pages [where applicable], and completing the last page. Please review the Statement and confirm compliance with each requirement. Failure to comply with the certifications and assurances may result in disqualification, recapture of federal funds, and/or debarment.

E. Public Participation
Pursuant to 24 CFR §570.486, Applicants must follow CDBG Public Participation regulations. Applicants must provide documentation that the Department’s Citizen Participation Plan requirements have been met. Documentation must include proof of public noticing, information provided during the public meeting, and public comments received during the public participation, including Jurisdiction responses to comments. Additional information about public participation requirements can be found in CDBG Grants Management Manual Chapter 4.

F. Resolution

1. Applicant must submit a completed Authorizing Resolution using the required Department-approved Authorizing Resolution form, which has been duly approved by the Applicant’s governing board. The Authorizing Resolution designates a person or persons responsible for, and authorized to, execute and deliver all documents related to the application of CDBG funds and, if awarded, the execution of a Standard Agreement with the Department.

2. See Appendix C for the Department-approved Authorizing Resolution form as well as instructions on how to complete it.

3. If a governing body must prepare a separate resolution concurrently that conforms to its local standard, it may do so in addition to preparing the Authorizing Resolution form provided by the Department. Applicants must submit their approved resolutions on the form provided by the

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Department by the application due date. Failure to provide an acceptable resolution at the time of application will result in a delay executing the Standard Agreement.

4. Authorized Signatory for Contracts involving a City Jurisdiction Recipient:

Pursuant to California Government Code sections 40601 and 40602, the mayor or mayor pro tempore must sign any written contracts and conveyances made or entered into by the city, unless the city has an ordinance or municipal code provision in effect that specifically allows or designates contracts to be signed by an officer other than the mayor or mayor pro tempore. Accordingly, if the city does not have a city ordinance or municipal code provision described above, then the Department requires that the mayor or mayor pro tempore sign the Standard Agreement as the authorized signer for the city and provide to the Department the Resolution from the City Council authorizing the mayor to sign the Standard Agreement and related documents on behalf of the city. The mayor or mayor pro tempore may not delegate to a third party his or her authority to sign documents unless there is a city ordinance or municipal code provision in effect that expressly authorizes such delegation and a duly authorized resolution reflecting such delegation is provided to the Department.

If the city does have an ordinance or municipal code provision as described above, the Department requires the city to provide a copy of such ordinance or municipal code, as well as the Resolution that indicates the name and title of the city official authorized to sign the Standard Agreement and related documents. The Resolution required by this section must be in form and content acceptable to the Department.

G. TIN
Applicant must submit the required Government Agency Taxpayer ID (TIN) Form found in the Files tab of each program solicitation. The submitted TIN form must include FEIN, accurate payment information to be complete, and must not have been signed more than one (1) year before submission.

H. Budget
Applicant must complete CDBG budget found in the Grants Network portal.

Required budget information includes direct costs only. Direct costs for Activity, GA, and Program Income, if applicable, must be completed and clearly identified. Do not include any information on indirect cost, match, or cost share.

A Budget must be completed for the Main and every Sub Application. Failure to complete the Budget for the Main and every Sub Application may result in an immediate disqualification.

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I. Sources and Uses Chart
Applicants must submit a Sources and Uses Chart which evidences the commitment of all funds required to complete the applied for CDBG project or program. The application will guide Applicants that are using multiple funding sources to upload a comprehensive Activity Sources and Uses Chart. Grantees may use their own form, or the template Sources and Uses Chart found in the Files tab of the application.

Evidence of commitment of any funding sources other than CDBG needed for a project to be feasible must be uploaded at application.

J. System for Award Management (SAM)
Pursuant to 24 CFR Part 5, all CDBG Applicants are required to verify they and their principals, or any/all persons, contractors, consultants, businesses, subrecipients, etc., that are conducting business with the Applicant are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Applicants and their partners, contractors, consultants, and subrecipients must register with the System for Award Management (SAM) to do business with the U.S. government and have debarment checks that return a registration status of “Active” and “No Active Exclusion Records” under the Exclusion Summary. See Chapter 5 of the CDBG GMM for additional guidance.

The Department will not award or distribute any CDBG program funds to Applicants and Applicant partners, including contractors, subrecipients, and consultants that are debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, and/or unregistered in SAM from federally assisted programs. Applicants are not required to perform debarment checks on individual Applicant or partner employees or individual persons unless that person is acting as a contractor, consultant, subrecipient, or program partner and will be receiving payment directly from CDBG funds. Debarment checks for Applicant and all applicant partners must be completed before award of funds.

K. State Objectives
The Applicant must answer the questions regarding Affirmatively Furthering Fair Housing and Disaster Resiliency in the application form.

L. National Environmental Policy Act of 1969 (NEPA)
Pursuant to 24 CFR 570.604 Environmental Standards, the regulations in 24 CFR Part 58 specify how the National Environmental Policy Act of 1969 (NEPA), must be met. Applicants must demonstrate compliance by submission of a complete, current, and applicable Environmental Review Record with the appropriate level of review form, completed Related Federal Laws and Authority topic worksheets, and all

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supporting documentation. For more information regarding the Related Federal Laws and Authority, please visit the HUD Exchange website.

Required NEPA process, training, and current forms are available on the HUD Exchange website. Additional HUD guidance can be found on the Orientation to Environmental Reviews page and in Chapter 3 of the CDBG Grants Management Manual.

If CDBG funds will be used for GA Activities, a GA NEPA Environmental Review Record must be submitted specifying the applicable exemption in 24 CFR §58.34(a).

For Business Assistance and Housing Assistance activities that operate as a program but, as per HUD, require a Tiered Review process with site specific environmental reviews for NEPA clearance, both a GA NEPA review and Tier 1 NEPA review are required at time of application.

M. Construction Projects
All construction projects applying for funding under this NOFA must demonstrate readiness at the time of application, including but not limited to, the submission of the following items:
• Independent Cost Estimate
• Completed NEPA Environmental Review Record for the project. • Bid-ready Plans and Specs
• Certification from Engineer that Plans and Specs are bid-ready. • Certification from City that bid docs are ready.
• Construction timeline (Gantt Chart preferred)
• Demonstration and Certification that jurisdiction has the capacity and knowledge to manage the project.
• Demonstration and Certification that developer is experienced. • List of required permits including anticipated date of obtaining the permit and any prerequisites needed to obtain the permit. Specifics regarding permit acquisition should be detailed in the application Narrative and Milestones.
• Written commitments for any and all third-party funding that is needed to complete the project.

N. Economic Development (ED) Programs Only
The Applicant must demonstrate capacity and experience to operate an ED Program. Capacity and experience may be documented through one of the following options:

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1. The Applicant has hired staff that are able to dedicate capacity to the operation of a CDBG-funded ED Program. These staff must have at least:
i) Three years of CDBG ED experience; or
ii) Five years of commercial underwriting experience plus two years of general CDBG experience; -OR2. The Applicant has prepared a draft request for proposals (RFP) or subrecipient selection process for a qualified consultant or nonprofit ED group with direct experience in implementation of the ED activities proposed in the ED Program application.
i) A request for proposals or a subrecipient selection process must be completed within 60 days of applicant’s receipt of the Standard Agreement. A copy of the executed agreement with the selected subrecipient or contractor must be provided to the Department within 120 days of execution of the Standard Agreement. These must be listed as milestones in the application. -OR3. The applicant has identified at least three (3) qualified consultants or nonprofit ED groups with direct experience in implementation of the ED activities proposed in the ED Program application.

4. The Applicant commits to partnering with the Small Business Development Centers or a similar organization that has direct experience in CDBG ED program design, implementation, and commercial underwriting. This commitment will be a resolution, memorandum of understanding, or similar formal statement and will be required at application.

VI. Application and Activity Requirements
A. Federal Cross-Cutting Requirements
At time of application submission, all applications must comply with and provide documentation of HUD’s federal cross-cutting requirements found at 24 CFR §570.600, et seq, and summarized in XII: Federal Program Requirements of this NOFA.

B. Application Verification
Applicants must certify upon submission that their application is true and correct to the best of their knowledge. Selecting an input field or uploading a blank document to circumvent the application requirements invalidates the application certification and will result in immediate disqualification. Applicants that intentionally input false information or that intentionally upload blank documents will have their good standing with the Department revoked and may be determined to be ineligible for other Department funding. Applicants are warned that intentionally

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providing false information to the Department may constitute fraud.

C. Application Submission

1. Applicants are ultimately responsible for what is submitted in an application, even if the application was prepared by a consultant. Applicants that rely on consultants or grant writers to prepare the CDBG application must carefully and thoroughly review the application for completeness and correctness prior to submittal.

2. Applications submitted through the eCivis Grants Network Portal must be submitted by a jurisdiction’s Profile account.

3. All documents requiring signature must be executed by the Authorized Representative identified in the applicant’s Authorizing Resolution.

4. All application certifications must be certified by a staff member of the applying jurisdiction.

5. A complete application consists of one Main Application and at least one Sub Application. Failure to submit a Main or a Sub Application will be considered an incomplete application. Incomplete applications WILL NOT be reviewed. We recommend reaching out to your CDBG representative for confirmation of receipt.

D. Timely Submittal
Applicants are strongly encouraged to give plenty of time for submitting prior to the application cutoff date and at least several hours prior to the cutoff time.

If an input field, upload requirement, or application component is not functioning correctly, or if there are system outages or other system failures prior to submittal, please contact [email protected] as soon as possible prior to the cutoff time to document the issue so that applications are not disqualified due to technical difficulties. Failure to contact the Department with system issues will not exempt Applicants from application verification requirements.

E. Gap Funding
CDBG is intended to provide stop-gap funding for crucial infrastructure, public safety, housing, and social service projects. CDBG funds may not be obligated to Activities that are documented to already have sufficient funding for the Activity as described, or that have identified multiple funding sources for the same costs, resulting in overfunding of the Activity. CDBG funds must be “but-for” funding for every Activity and may not be used to supplant local or state resources. CDBG grant funds cannot be used to replace funds that have been budgeted and/or

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expended from another funding source for the same Activity (i.e., there cannot be any Duplication of Benefit.) Pre-agreement costs are generally eligible provided that the initial funding for those costs is identified as a temporary funding source (such as a loan from a local fund wherein the loan is float-funding the CDBG Activity preagreement costs, but such costs must be repaid so that the temporary loaned funds may be used as originally intended) and that the costs are budgeted to be part of the CDBG Activity.

F. Good Standing
The Applicant, and any co-Applicant, together with all respective affiliates, must be in good standing with the Department (i.e., are current on all loan and/or grant obligations, have a satisfactory past performance history in all their prior dealings with the Department, and are in full compliance with all Department contracts and reporting requirements). Applicants not meeting the foregoing requirements shall be ineligible to apply for or receive funding under this NOFA.

G. Racial Equity
Applicants should prioritize the advancement of racial equity in all CDBG programs and across systems and units of government in the Jurisdiction. The Department asks Applicants to be leaders in the community, facilitating partnerships among service organizations, housing providers, units of government, businesses, the homelessness response system, and other partners to promote racial equity practices.

All Applicants must identify the work performed to ensure racial equity in access to programs, projects, and activities funded with CDBG resources. Applicants must commit to analyzing disproportionality in access to housing, access to services, quality of service provision, and desired outcomes in Programs and Projects and affirmatively further equitable access, quality of service provision and outcomes for protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/ Latinx, Asian, Pacific Islanders, and other people of color who have been historically marginalized and are disproportionately impacted by housing segregation, poverty, and homelessness.

Applicants cannot simply rely on delivering a standardization of services to address equity. Applicants must commit to reviewing their current policies and procedures and examining available data to ensure all eligible persons receive equitable services, and support, and are served with dignity, respect, and compassion regardless of circumstances, ability, or identity.

When applying for 2024 CDBG funds, Applicants should consider: