Ukiah City Council
August 20, 2025

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 11 |
Project Types
The following is a partial list of projects completed by AP Triton. Our teams have participated in dozens of studies throughout the United States.

Project Description Organization
• Ambulance Services Optimization Study: Alameda County Fire Chiefs Association (CA) • Ambulance Services Optimization Study: Santa Barbara County Fire Department (CA) • Ambulance Services Study: Modesto FD/Stanislaus County OES (CA) • Ambulance Services RFP: Sonoma County Fire District (CA) • Annexation Study (three districts): Contra Costa County FPD (CA) • BLS Ambulance System Valuation: Seattle Fire Department (WA) • Community Risk Assessment/SOC: Coalinga Fire Department (CA) • Community Risk Assessment/SOC: Davidson Fire Department (NC) • Community Risk Assessment/SOC: La Verne Fire Department (CA) • Community Risk Assessment/SOC: Medford Fire Department (OR) • Community Risk Assessment/SOC: San Ramon Valley Fire Protection District (CA) • Community Risk Assessment/SOC: Santa Barbara (City) Fire Department (CA) • Community Risk/Service Delivery Analysis: Santee Fire Department (CA) • Consolidation Feasibility Study: Elk Creek Fire Protection District (CO) • Cooperative Services Study: Clifton FPD/Grand Junction FD (CO) • Countywide Fire Service Review: Santa Clara LAFCO (CA) • Emergency Operations Plan: Carolina Panthers, Bank of America Stadium • EMS Feasibility & Optimization Study: Webster Fire Department (TX) • EMS Feasibility Study: Brattleboro Fire Department (VT) • EMS Optimization Study: Burbank Fire Department (CA)
• EMS Optimization Study & Transition Plan: Carson City Fire Department (NV) • EMS Strategic Assessment & Analysis: City of Ontario/San Bernardino County (CA) • EMS Sub-Contractor RFP Response: CONFIRE JPA (CA)
• EMS Sub-Contractor RFP Response: Santa Barbara County Fire Department (CA) • EMS Optimization and Feasibility Study: San Diego Fire Department (CA) • EMS System Evaluation: Truckee Meadows Fire Protection District (NV) • Financial Analysis: Long Beach Fire Department (CA)
• EMS System Valuation: San Luis Obispo Fire Chiefs Association (CA) • EMS Transportation & Optimization Study: Alameda County Fire Chiefs Association (CA) • EMS Transportation & Optimization Study: Solano County Fire Chiefs Association (CA)

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 12 |
Project Description Organization
• Facilities Master Plan: Redmond Fire Department (OR)
• Fire Department Cooperative Services Study: Golden/Fairmount/Pleasant View FDs (CO) • Fire District Consolidation Study: Clackamas Fire District 1 (OR) • Fire Services Analysis: Williston Fire Department (VT) • Fire Services Special Study: Santa Cruz LAFCO (CA)
• Fire Station Location Study: Portland Fire Department (TX) • Fire Station & CRA/SOC Study: Montecito FPD (CA)
• Fire/EMS Assessment: Pflugerville Fire Department (TX) • First Responder Fee Study: Merced Fire Department (CA) • First Responder Fee Study: Napa Fire Department (CA)
• First Responder Fee Study: Truckee Meadows Fire Protection District (NV) • Long-Range Fire Department Master Plan: Templeton Fire & Emergency Services (CA) • Long-Range Master Plan: Fairfield Fire Department (CA) • Management Audit: Menlo Park Fire Protection District (CA) • Master Plan: American Canyon Fire Protection District (CA) • Master Plan: Orting Valley Fire-Rescue (WA)
• Master Plan: Whitefish Fire Department (MT)
• Master Plan & Community Risk Assessment: Brigham City Fire Department (UT) • Master Plan & CRA-SOC: Central Fire District of Santa Cruz County (CA) • Master Plan & Strategic Plan: Redmond Fire & Rescue (OR) • Organizational & Operational Analysis: City of Napa Fire Department (CA) • Municipal Service Review & SOI Study: Placer LAFCO (CA) • Municipal Service Review & SOI Study: Nevada LAFCO (CA) • Optimization Study: Alameda County Fire Chiefs Association (CA) • Organizational Analysis: Grand Junction Fire Department (CO) • Prevention Fee Study: Suisun City Fire Department (CA) • Regional Ambulance Study: Eastern Placer County JPA (CA) • Staffing Study & Operational Analysis: Derby Fire Department (KS) • Strategic Plan: Aspen Fire Department (CO)
• Strategic Plan: Blaine County Ambulance Service District (ID) • Strategic Plan: Davidson Fire Department (NC)
• Strategic Plan: Central Fire District of Santa Cruz County (CA) • Valuation Study: Pflugerville Fire Department (TX)

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 13 |

CLIENT REFERENCES
The following are several references and projects out of the hundreds of projects and studies previously completed by AP Triton. Additional references can be provided.

San Luis Obispo Fire Chiefs Association (California)
Project Title & Description: Emergency Medical Services System Valuation San Luis Obispo County Fire Chiefs Association (SLOCFCA) contracted AP Triton (Triton) to analyze the value of the ground ambulance transport system within the county. To thoroughly model the Ground Emergency Medical Transportation (GEMT) and Intergovernmental Transfer (IGT) reimbursements, Triton used the San Luis Obispo County operating area for first responder and ambulance costs and revenue projections as a data-driven model. Triton provided an estimate for GEMT and IGT reimbursement and a solid valuation of the entire ambulance transport system.

Client Contact: Steve Lieberman, Fire Chief Year: 2022
Client Phone: 805.473.5490 Client E-Mail: [email protected] Project Manager: Ed Rodriguez Status: Complete
Sonoma County Fire District (California)
Project Title & Description: Ambulance Subcontractor RFP Development, Process, & Response Sonoma County Fire District retained AP Triton to design and develop a Request for Proposals for an ambulance services provider, assist in the RFP process, and provide subject matter expertise support during the written submission evaluations and the oral presentation evaluations, and assist with the contracting of a selected provider. In addition, Triton provided consulting services and assistance to Sonoma County Fire District in the development and preparation of a response to an RFP from Sonoma County for emergency ambulance transportation services. Sonoma County Fire District was the successful bidder on the County’s RFP.

Contact Name/Title: Mark Heine, Fire Chief Years: 2021–2023 Client Phone: 707.838.1170 Status: Complete
Client E-Mail: [email protected]

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 14 |
City of San Diego Fire & Rescue (California)
Project Title & Description: EMS Optimization & Feasibility Study The City of San Diego Fire and Rescue contracted AP Triton to review the ambulance transport system within the city. Triton’s report provides an in-depth review of the current contract, performance of the contractor, correspondence between the City of San Diego and Falck, and options for contract amendments, or emergency actions to ensure continued public safety.

San Diego Fire and Rescue has additionally retained Triton to conduct a comprehensive study of the various components that comprise the EMS delivery system of the San Diego Fire-Rescue Department (SDFRD). The study will result in a detailed analysis and recommendations including, but not limited to, system models that would produce increased efficiency, cost-effectiveness, operational and patient-care quality improvement, long-term sustainability, and more.

Contact Name/Title: Jodie Pierce, Deputy Fire Chief EMS Year: 2021– Client Phone: 619.279.4467 Status: Ongoing
Client E-Mail: [email protected]
Contra Costa County Fire Protection District (California) Project Title & Description: Ambulance Service Feasibility Study Contra Costa County Fire Protection District (population over 1 million). The study foundation was developed by determining what the current and past insured and uninsured payer mixes were. These payer mixes were all inclusive which, together with other demographic information, allowed AP Triton to determine the maximum value of the system. The study then analyzed the Federal Reimbursement programs available and provided estimates for both GEMT (Ground Emergency Medical Transport) and IGT (Intergovernmental Transfer) programs.

Several options were proposed for consideration by the Fire District, and the Public-Private Partnership (contractor/subcontractor) option was chosen. AP Triton then provided services to select the private (subcontractor) partner and managed the response to the County-wide RFP for Ambulance service. Contra Costa County Fire was awarded the contract for ambulance service through a competitive bid process. They have increased their response time compliance from a level of 89-90% under the former provider to an average of 96% across all response zones. Further, their ambulance transport system, which was historically under questionable sustainability, now turns a $10 million profit annually and has amassed a reserve of $38 million. AP Triton Consulting is currently on a maintenance and system retainer agreement through March 2022 to assist the Contra Costa County Fire Department in operating its ambulance transport system.

Contact Name/Title: Lewis Broschard, Fire Chief Year: 2018 Client Phone: 925.941.3300
Client E-Mail: [email protected]

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 15 |
San Bernardino County Fire Protection District (California) Project Title & Description: EMS Valuation/Assessment Study AP Triton conducted an assessment of the financial structure of the San Bernardino County ambulance system to determine which areas could be subject to competitive bid, the value of the system, the resources needed to provide services to those areas, the cost to implement those services, the time needed to secure equipment, the continued operating costs, and the ability to provide additional services to enhance system delivery.

Contact Name/Title: Mark Hartwig, Fire Chief Year: 2019 Client Phone: 805.681.5501
Client E-Mail: [email protected] (now at Santa Barbara) CONFIRE JPA (California)
Project Title & Description: San Bernardino Subcontractor RFP/County Proposal Response CONFIRE JPA contracted AP Triton to complete a two-phase project. The first phase developed a request for proposals (RFP) for a private ambulance partnership for the provision of advanced live support (ALS) ambulance transport throughout the study area.

The second phase provided a response to the San Bernardino County Ambulance RFP.

Contact Name/Title: Mike McCliman, Fire Chief Year: 2022–2023 Client Phone: 909.904.3841 Status: Complete
Client E-Mail: [email protected]
Santa Barbara County Fire Department (California)
Project Title & Description: Ambulance Subcontractor RFP Development, Process, & Response Santa Barbara County Fire Department retained AP Triton to design and develop a Request for Proposals for an ambulance services provider, assist in the RFP process, and provide subject matter expertise support during the written submission evaluations and the oral presentation evaluations, and assist with the contracting of a selected provider. In addition, Triton provided consulting services and assistance to Santa Barbara County Fire Department in the development and preparation of a response to an RFP from Santa Barbara County for emergency ambulance transportation services.

Contact Name/Title: Mark Hartwig, Fire Chief Year: 2023 Client Phone: 805.681.5552 Status: Complete
Client E-Mail: [email protected]

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 16 |
CLIENT TESTIMONIALS • [AP Triton] communicated clear timelines from the outset and provided multiple opportunities for us to clarify and adjust the scope of our project. Most impressively, the AP Triton team remained responsive and assisted the Seattle Fire Department well beyond the completion of our evaluation. AP Triton’s reputation as a leader in the industry is well earned.
—Harold D. Scoggins, Fire Chief, Seattle Fire Department, Washington • It was a pleasure working with your staff. [Our Project Manager] did a fantastic job, and the others on the team were very good to work with. All were knowledgeable and experienced in their fields. The well-rounded team ensured a complete and accurate report. We hope to work with your team again in the future.
—Brandon Thueson, Fire Chief, Brigham City Fire Department, Utah • I highly recommend them to any fire department or EMS agency looking to get perspective from consultants that use data and many years of experience and wisdom to make informed determinations. It is obvious that they know their stuff.

We are very pleased with the results.
—Jeremiah Jones, Deputy Fire Chief, North View Fire District, Utah • Exceptional product and process! Very pleased with the experience with AP Triton. The Project Manager and Project Team were extremely knowledgeable, professional, and exceptional to work with. I would like to bring them back for more projects in the future.
—Mandy Pomeroy, County Administrator, Blaine County, Idaho • The AP Triton team provided well-researched information that I believe will help my Commission make informed decisions. My Commission was pleased with the outcome of the financial analysis and recently contracted AP Triton for a much more comprehensive study.
—Michelle McIntyre, Executive Officer, Placer County LAFCO, California

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 17 |
AP TRITON’S CERTIFICATE OF

INSURANCE & LITIGATION
AP Triton, LLC maintains liability insurance as shown on the following page. AP Triton has no past and/or pending litigation or unresolved lawsuits. Because AP Triton utilizes an entirely independent pool of contractors, we are exempt from carrying Workers’ Compensation insurance. Each of our contractors carries their own liability insurance.

PHEMS/JPA CONSULTING SERVICES | UKIAH VALLEY FIRE AUTHORITY 18 |

Agenda Item No: 12.a.

MEETING DATE/TIME: 8/20/2025

ITEM NO: 2025-843

AGENDA SUMMARY REPORT
SUBJECT: Introduction by Title Only of an Ordinance to Establish an Administrative Use Permit Process, Reorganize Performance Standards, and Clarify Related Zoning and Animal Keeping Provisions in the Ukiah City Code.

DEPARTMENT: Community
Development PREPARED BY: Katherine Schaefers, Planning Manager PRESENTER: Katherine Schaefers, Planning Manager; Craig Schlatter, Community Development Director
ATTACHMENTS:

1. Draft AUP Ordinance

2. Planning Commission Resolution

3. 12a AUP PPT_CC 8.20.25
Summary: Council will consider introducing by title only an ordinance amending the Ukiah City Code to establish an Administrative Use Permit process, reorganize and consolidate performance standards, and clarify related zoning and animal keeping provisions in the Ukiah City Code.

Background: On December 7, 2022, the City Council adopted the 2040 Ukiah General Plan, which included an Agriculture Element focused on supporting and protecting agricultural lands. This element was developed to align City policies with Mendocino County’s approach to preserving working lands, with the goal of reducing regulatory overlap and improving consistency across the Ukiah Valley. Since adoption of the General Plan, Staff has made steady progress completing programs and policies within the Agriculture Element. Of the twelve (12) Implementation Programs due to be completed by December 2030, ten (10) Programs have either been implemented through the Council's adoption of an ordinance or are in the process of being developed and/or are on track to be developed by the end of this Fiscal Year (June 2026). These include the following:

1. Implementation Program A - Agricultural Buffer (in progress)

2. Implementation Program B - Right to Farm (completed)

3. Implementation Program C - Align Agricultural Standards (completed/in progress)

4. Implementation Program E - Reduce Regulation - Local Agriculture (in progress)

5. Implementation Program F - Foodscaping (completed)

6. Implementation Program H - Urban Agricultural Definitions (in progress)

7. Implementation Program I - Support Community Gardens (in progress)

8. Implementation Program J - Urban Agricultural Incentive Zone (in progress)

9. Implementation Program K - Local Food: Food Trucks & Farm Stands (in progress)

10. Implementation Program M - Local Purchasing (in progress) The purpose of this agenda item is to introduce by title only an Ordinance (Attachment 1) to establish an Administrative Use Permit (AUP) process within the zoning code, which would complete Implementation Programs C, E, and I. Although many of the performance standards identified within the AUP ordinance are related to streamlining local agricultural uses, the AUP may prove an effective "zoning vehicle" for the streamlining of other minor uses in the City's zoning code. The AUP concept was first mentioned by Director

Schlatter during the 2024 Community Development Department Fee Schedule Update as an option to explore for reducing regulation and increasing certainty within the development process Citywide.

Additionally, in recent years, and continuing into 2025, the City has seen growing public interest in small-scale, neighborhood-serving agricultural uses such as backyard chickens, beekeeping, and community gardens.

These uses are generally compatible with residential areas but have often required a Minor Use Permit when a proposal involves even small deviations from adopted standards. That process, which includes public noticing, interdepartmental review, and Planning Commission approval, was developed for more complex land use proposals and has proven to be a barrier for lower-intensity activities.

The proposed ordinance addresses this issue by introducing a staff-level review process for small-scale agricultural uses and community gardens that request minor deviations from existing performance standards.

The AUP is intended to reduce administrative burdens while still maintaining oversight and alignment with General Plan goals.

Zoning Reform Ad Hoc and Development of Draft AUP Ordinance To assist Staff in developing this policy, Mayor Crane and Councilmember Orozco were appointed to a newly created Zoning Reform Ad Hoc by the Council on December 6, 2023. Formed to explore the creation of a new ministerial zoning permit and identify additional zoning streaming and reform efforts to provide better and more consistent development outcomes, the Zoning Reform Ad Hoc met with and provided input to Staff, including review of past draft versions of the Ordinance, approximately once every 2-3 months starting in 2024. After presenting a draft outline of the Ordinance to the Mendocino County Airport Land Use Commission for a consistency review and input in December 2024, Staff finalized language within the Ordinance for presentation to the Planning Commission.

Planning Commission Recommendation
At its regular meeting on July 9, 2025, the Planning Commission reviewed the proposed ordinance and unanimously recommended adoption by the City Council through Resolution No. 2025-05 (Attachment 2).

During discussion, and based on Staff’s recommendation, the Commission amended the ordinance to explicitly allow beekeeping and apiaries in all zones, with any deviation from standards subject to the new AUP process. The Commission also recommended clarifying the purpose and expiration provisions for Administrative Use Permits. Since the Commission’s review, Staff has incorporated these revisions into the proposed Ordinance. An additional clarification has been made to UCC §9266 to address inconsistencies in the appeal process for decisions made by the Zoning Administrator. The updated language confirms that the City Council serves as both the hearing body and the final authority on such appeals.

Discussion: The proposed Ordinance supports General Plan Implementation Program C by permitting “animal raising – personal” in all zones, consistent with the previously adopted definition. It also implements Implementation Program E, which directs the City to reduce regulatory barriers to low-intensity agriculture on residential parcels, including gardens, chickens, and beehives. In addition, the ordinance fulfills the intent of Implementation Program I, which seeks to support community gardens by simplifying the permitting process and providing more flexibility for site-specific conditions. Details related to the Ordinance are provided below.

AUP Ordinance Specifics
The proposed ordinance would establish a new Administrative Use Permit (AUP) process, reorganize and relocate existing performance standards into a new article of the Ukiah City Code, and clarify language in several related sections. Consistent with the purpose of the Zoning Reform Ad Hoc, the AUP creates a streamlined, ministerial permit pathway for low-impact uses that may require minor exceptions to performance standards, while maintaining neighborhood compatibility and public oversight. The ordinance also distinguishes between commercial livestock keeping and personal animal keeping and updates the zoning code to reflect appropriate permitting standards across zoning districts.

Existing performance standards currently found in Ukiah City Code (UCC) Division 9, Chapter 2, Article 15.6 (established by Ordinance No. 1167 in 2016) and Section 9182 of Article 16 ("Animals within the City"), would be relocated to a new Article 23 of Division 9, Chapter 2, titled “Performance Standards for Administrative Use

Permits.” This consolidation updates the standards that apply to a range of small-scale or neighborhoodserving uses.

The following uses are included as new sections within Article 23, along with the zoning districts in which each is allowed subject to their respective performance standards:
• Community Gardens are allowed in all zoning districts. • Live Entertainment is allowed in the C-1, C-2, and PF districts. • Outdoor Dining is allowed in the C-N, C-1, and C-2 districts when incidental to a restaurant on the same parcel.
• Sidewalk Cafés are allowed in the C-N, C-1, and C-2 districts when associated with a restaurant. • Outdoor Sales and Displays are allowed in the C-N, C-1, C-2, and M districts for up to 30 days within a 12-month period when performance standards are met, with sales exceeding that or proposed in residential zones requiring an Administrative Use Permit. • Small-scale Animal Keeping, including the personal keeping of hens and rabbits, along with beekeeping and apiaries, are allowed by right if performance standards are met. Roosters, turkeys, ducks, geese, and swine are prohibited in all zones except AE and the Combining Agricultural (-A) districts, where they are subject to separate permitting under Articles 10 or 13.

This code reorganization allows applicants to find applicable standards in one location and simplifies the process for uses that meet established criteria. An Administrative Use Permit may still be required when a proposed project does not fully comply with the standards or when additional review is warranted based on site context. To ensure compatibility, the Community Development Director may approve, conditionally approve, or deny a permit.

In addition, the Ordinance clarifies Section 4200 of Division 5, Chapter 2, which regulates livestock. The amendment states that the provisions of this chapter apply to commercial keeping of livestock, including for sale, breeding, production, or other business purposes, and that it does not apply to noncommercial or personal animal keeping regulated under Section 9381 of this Code. This distinction clarifies the difference between commercial livestock operations and personal animal keeping within residential or urban zones.

Environmental Review
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, also known as the "common sense" exemption. This exemption applies when it can be determined with certainty that the activity will not have a significant effect on the environment.

The ordinance does not authorize new land uses or physical development and does not increase the intensity of development. It introduces procedural changes to the City's permitting process by allowing certain lowimpact uses, which are currently subject to discretionary review through a Minor Use Permit, Minor Variance, or Minor Site Development Permit, to instead be reviewed through a ministerial and a Staff-level discretionary process. The ordinance does not alter any applicable environmental standards or regulations. As the ordinance streamlines existing procedures without resulting in physical changes or environmental impacts, the ordinance qualifies for the common sense exemption under CEQA.

Recommendation
Staff recommends the Council introduce by title only an ordinance amending the Ukiah City Code to establish an Administrative Use Permit process, reorganize and consolidate performance standards, and clarify related zoning and animal keeping provisions in the Ukiah City Code.

Recommended Action: Introduce by title only an ordinance amending the Ukiah City Code to establish an Administrative Use Permit process, reorganize and consolidate performance standards, and clarify related zoning and animal keeping provisions in the Ukiah City Code.

BUDGET AMENDMENT REQUIRED: N/A

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney; Craig Schlatter, Community Development Director
STRATEGIC PLAN (SP):SP 3A - Review and revise land use planning documents to be reflective of the longterm vision for the community.

CLIMATE INITIATIVES (CI): 5a – Update zoning ordinance.

GENERAL PLAN ELEMENTS (GP):GP-Agriculture Element Implementation Program C (Align Agricultural Standards); E (Reduce Regulation - Local Agriculture); I (Support Community Gardens). GP-Land Use Element Implementation Program E (Zoning Code Amendments).

ORDINANCE NO.X
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING A NEW SECTION 9269 AND A NEW ARTICLE 23 TO DIVISION 9, CHAPTER 2 OF THE CITY CODE TO ESTABLISH

PROCEDURES AND PERFORMANCE STANDARDS FOR THE ISSUANCE OF ADMINSITRATIVE USE PERMITS.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. It is a goal of the City to provide a streamlined process for administrative review and determination on requests for uses and activities that have little to no impact on adjacent sites and surroundings.

2. Administrative Use Permits (AUPs) provide a discretionary review process for uses requiring case-by-case evaluation beyond ministerial permits but not rising to the threshold of a public hearing. This process allows the City to impose conditions and ensure compatibility with surrounding land uses while streamlining review to avoid unnecessary delays or complexity.

3. The establishment of clear performance standards and permit procedures for select uses is necessary in maintaining consistency with the intent of zoning regulations and the Ukiah 2040 General Plan. These standards provide an objective framework for reviewing proposed deviations, allowing the City to impose conditions that ensure neighborhood compatibility, protect public health and safety, and mitigate potential impacts on adjacent properties.

4. Pursuant to the Ukiah 2040 General Plan, and specifically Agriculture Implementation Program E, it is the policy of the City to reduce regulation for local agriculture by revising the Zoning Code to allow low-intensity agricultural activities on residential parcels, including but not limited to backyard beehives, chickens, and gardens. The revision includes objective use, development, and environmental standards, along with minimal permit fee requirements.

5. Pursuant to the Ukiah 2040 General Plan, and specifically Agriculture Implementation Program C, it is the policy of the City to adopt terminology and land use definitions consistent with those utilized by adjacent jurisdictions within the Ukiah Valley to support regional planning and potential future annexations.

6. Pursuant to the Ukiah 2040 General Plan, and specifically its Agriculture Implementation Program I, it is further the policy of the City to facilitate and streamline the permitting process for the establishment of community gardens within the City.

ATTACHMENT 1

SECTION TWO.

Division 5, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 4200 KEEPING LIVESTOCK INSIDE CITY LIMITS PROHIBITED WITHOUT PERMIT A. It shall be unlawful for any person, firm, or corporation to keep, harbor or maintain, or cause, permit or suffer to be kept, harbored or maintained, within the corporate limits of the City any cow, bull, calf, horse, mule, jennie, jack, burro, sheep, goat, swine or any other livestock without then and there having a valid permit in writing issued by the Zoning Administrator of the City under the provisions of this chapter.

B. The provisions of this Chapter apply to the commercial keeping of livestock, including for sale, breeding, production, or other business purposes. This Chapter does not apply to noncommercial or personal animal keeping regulated under Section 9381 of this Code. * * *
SECTION THREE.

Section 9016 of Division 9, Chapter 2, Article 3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9016 ALLOWED USES
The following uses are allowed in the Low Density Residential (R-1) District, pursuant to the development and operational standards of Article 20 if applicable:
* * *
Animal Raising - Personal
Beekeeping and Apiaries
* * *
Community Gardens
* * *
§ 9017 PERMITTED USES
The following uses may be permitted with the securing of an appropriate use permit pursuant to the provisions contained in Article 20 of this Chapter:
* * *

SECTION FOUR.

Section 9031 of Division 9, Chapter 2, Article 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9031 ALLOWED USES
The following uses are allowed in Medium Density Residential (R-2) Districts, pursuant to the development and operational standards of Article 20 if applicable:
* * *
Animal Raising - Personal
Beekeeping and Apiaries
* * *
Community Gardens
* * *
§ 9032 PERMITTED USES
The following uses may be permitted in Medium Density Residential (R-2) Zoning Districts subject to first securing an appropriate use permit pursuant to the provisions contained in Article 20 of this Chapter:
* * *
SECTION FIVE.

Section 9046 of Division 9, Chapter 2, Article 5 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9046 ALLOWED USES
The following uses are allowed in High Density Residential (R-3) Districts, pursuant to the development and operational standards of Article 20 if applicable:
* * *
Animal Raising - Personal
Beekeeping and Apiaries
* * *

Community Gardens
* * *
§ 9047 PERMITTED USES
The following uses may be permitted in High Density Residential (R-3) Districts subject to first securing an appropriate use permit pursuant to provisions contained in Article 20 of this Chapter:
* * *
Outdoor Sales and Display Projects
* * *
SECTION SIX.

Division 9, Chapter 2, Article 6 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9061 USES ALLOWED
The following uses are allowed in Neighborhood Commercial Zoning Districts, pursuant to the development and operational standards of Article 20 if applicable:
* * *
Animal Raising - Personal
Beekeeping and Apiaries
Community Gardens
* * *
Outdoor Dining
Outdoor Sales and Display Projects
* * *
Sidewalk Cafe
* * *
Specialty food and beverage sales with tastings

* * *
§ 9062 USES PERMITTED WITH SECURING OF A USE PERMIT
The following uses may be permitted in Neighborhood Commercial (C-N) Districts, subject to first securing an appropriate use permit pursuant to provisions contained in Article 20 of this Chapter:
* * *
SECTION SEVEN.

Division 9, Chapter 2, Article 7 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9081 ALLOWED USES
The following uses are allowed in the Community Commercial (C-1) Zoning District, pursuant to the development and operational standards of Article 20 if applicable:
* * *
Animal Raising - Personal
Beekeeping and Apiaries
* * *
Community Gardens
* * *
Live Entertainment
* * *
Outdoor Dining
Outdoor Sales and Display Projects
* * *
Sidewalk Cafe
* * *
Specialty food and beverage sales with tastings

* * *
§ 9082 PERMITTED USES
The following uses require approval of an appropriate use permit pursuant to the provisions contained in Article 20 of this Chapter:
* * *
* * *
SECTION EIGHT.

Division 9, Chapter 2, Article 8 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9096 ALLOWED USES
The following uses are allowed in the Heavy Commercial (C-2) Zoning District, pursuant to the development and operational standards of Article 20 if applicable:
* * *
Animal Raising - Personal
Beekeeping and Apiaries
* * *
Community Gardens
* * *
Outdoor Dining
Outdoor Sales and Display Projects
* * *
Sidewalk Cafe
Specialty food and beverage sales with tastings
* * *
§ 9097 PERMITTED USES

The following uses require approval of an appropriate use permit pursuant to the provisions contained in Article 20 of this Chapter:
* * *
* * *
SECTION NINE.

Division 9, Chapter 2, Article 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9111 USES ALLOWED
The following uses are allowed in Manufacturing (M) Districts, pursuant to the development and operational standards of Article 20 if applicable:
* * *
C. Animal Raising – Personal
D. Beekeeping and Apiaries
E. Community Gardens
F. Outdoor Sales and Display Projects
§ 9112 USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT The following uses may be permitted in Manufacturing (M) Districts subject to first securing an appropriate use permit, as provided in Article 20 of this Chapter, in each case:
* * *
SECTION TEN.

Section 9160 of Division 9, Chapter 2, Article 13 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9160 AGRICULTURAL EXCLUSIVE OR A-E DISTRICT
* * *
B. The following specific regulations, in addition to the general regulations set forth in Chapter 2, Article 16 and Article 20 of this Division, shall apply in all A-E Districts.

C. Uses Allowed:

* * *

2. Agricultural Uses:
* * *
j. Beekeeping and Apiaries

3. Civic Uses:
a. Community Gardens
b. Day care facilities/small schools.
c. Safety services.
d. Utility service minor.
* * *
SECTION ELEVEN.

Division 9, Chapter 2, Article 15 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9070.1 ALLOWED USES
The following uses are allowed in the Public Facilities (PF) Zoning District, pursuant to the development and operational standards of Article 20 if applicable:
* * *
Animal Raising - Personal
Beekeeping and Apiaries
* * *
Community Gardens
* * *
Live Entertainment
* * *
Specialty food and beverage sales with tastings

* * *
§ 9070.2 PERMITTED USES
The following uses are permitted in the Public Facilities (PF) Zoning District subject to first securing an appropriate use permit pursuant to the provisions contained in Article 20 of this Chapter:
* * *
SECTION TWELVE.

Section 9266 in Division 9, Chapter 2, Article 20 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9266 APPEALS
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An appeal of the decision of the Zoning Administrator shall go to the City Council for a final decision.

Such an appeal must be made in writing stating the reasons for the appeal, must include the appeal fee, if any, established from time to time by City Council resolution, and must be filed with the City Clerk within ten (10) days of the date the decision was made. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Article. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Zoning Administrator. All City Council decisions on appeals of the Zoning Administrator’s action are final for the City.
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SECTION THIRTEEN.

A new Section 9269 is hereby added to Division 9, Chapter 2, Article 20 of the Ukiah City Code and shall read as follows:
§ 9269 ADMINISTRATIVE USE PERMITS
Administrative Use Permit application and processing procedures and standards shall be as follows:

A. Purpose. Administrative Use Permits allow specific uses to be established within designated zoning districts when deviations are requested from the criteria and performance standards set forth in Article 23 of this Chapter, entitled “Performance Standards,” as well as from other applicable standards found elsewhere in this Article. These permits provide a discretionary review pathway for select uses seeking relief from established standards, while preserving consistency with the overarching intent of the zoning regulations and limiting the need for more extensive public hearing procedures. The standards in Article 23 serve as a framework for evaluating such requests, ensuring proposed deviations may be modified or conditioned to maintain compatibility with surrounding development and mitigate potential impacts on adjacent properties.

B. Applicability. The requirements, procedures, and standards set forth in this Section shall be applicable to the uses listed in Division 9, Chapter 2, Article 23 of this Code, subject to any exceptions or additional requirements and standards as set forth in that Article.

This Section shall not apply to facilities or uses governed by Division 2, Chapter 2, Article 10 (entitled “Broadband Deployment”) of the Ukiah City Code, which are subject to separate review procedures and standards.

C. Approval Authority. The Community Development Director may approve, conditionally approve, or deny an Administrative Use Permit application, unless otherwise restricted by state law. Development must comply with all of the required standards in Article 23 of this Chapter and with all other requirements of this Section unless specifically exempted in Article 23 of this Chapter.

D. Application. Applications for Administrative Use Permits shall be initiated by submitting the following information to the Planning Division of the Community Development Department: a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the Community Development Director. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the Community Development Director.

E. Public notice and hearing. Public notice and/or hearing are not required for issuance of an Administrative Use Permit.

F. Conditions of approval. The Community Development Director may apply reasonable conditions of approval to bring the development into conformity with requisite performance standards.

G. Findings. The Community Development Director may issue an administrative use permit if the following findings can be made:

1. The proposed use is listed in this Chapter as a use permitted pursuant to an administrative use permit and subject to performance standards;

2. The proposed use as conditioned conforms to the performance standards for the proposed use as outlined in the Performance Standards set forth in Article 23 of this Chapter;

3. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.

4. Any other findings required under Article 23 of this Chapter for the specific use;

5. The use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;
H. Notice of decision. The Community Development Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed and/or emailed to the applicant.

I. Appeals. Appeals of decisions on Administrative Use Permits shall be filed within five (10) working days of the issuance of the permit. Appeals shall be filed and processed in accordance with the procedure for appeal of a determination regarding a minor discretionary planning permit as set forth in Section 9266 of this Chapter.

J. Effective date of permit. An administrative use permit shall become effective at the end of the appeal period set forth in Section 9266 of this Chapter, unless appealed.

K. Approval to run with the land. Any administrative use permit approval shall run with the land and shall continue to be valid whether or not there is a change of ownership of the site or structure to which it applies.

L. Amendments—New application. Requests for changes in the conditions of approval of an administrative use permit, or a change to site plans or operation that would affect a condition of permit approval, shall be treated as an administrative use permit amendment. The procedures for filing and processing an application for an administrative use permit amendment shall be the same as those established for an initial or new administrative use permit application.

M. Revocation. An administrative use permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in the revocation procedures set forth in Section 9262.H of this Chapter.

N. New applications following denial or revocation. If an application for an administrative use permit is denied or revoked, no new application for the same, or substantially the same, administrative use permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

P. Expiration. The following provisions detail the expiration process of administration use permits.

1. Expiration Criteria: An approved administrative use permit shall expire under the following conditions:
a. If any project for which an Administrative Use Permit has been granted is not established within two (2) years of the permit’s effective date; or b. If the established land use for which the permit was granted has ceased or has remained inactive for twenty-four (24) consecutive months.

2. New Application: Nothing herein shall prohibit the holder of an expired administrative use permit under subsection P1a or P1b of this Section from applying for a new permit in accordance with the procedure for new applications under subsection D of this Section.

SECTION FOURTEEN.

Article 21 in Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§ 9278 DEFINITIONS
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KENNEL: Any lot, building, structure, or premises whereon or wherein five (5) or more dogs or five (5) or more cats, over the age of four (4) months are kept or maintained for commercial purpose, including but not limited to boarding, breeding, training, grooming, or sale. This definition shall not apply to the personal, non-commercial keeping of domestic pets by the occupant(s) of a dwelling unit.

This definition also does not apply to a duly licensed veterinary hospital or public animal shelter. * * *
SECTION FIFTEEN.

A new Article 23, entitled “Performance Standards for Administrative Use Permits and for Specific Allowed Uses” is hereby added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
§ 9380 PURPOSE AND INTENT
Performance standards provide the criteria for evaluating requests submitted through the Administrative Use Permit process (see Section 9269 of this Code), certain other use permits, and specific allowed uses that require minimal discretion and review. The performance standards listed in this Article are intended to explicitly describe the required location, configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the City’s General Plan.
§ 9381 ANIMALS WITHIN THE CITY
A. Purpose and Applicability. The provisions of this Section establish performance standards for the noncommercial keeping of certain animals within the City of Ukiah. The intent is to protect the public health, safety, and welfare while supporting personal food production, educational programs (e.g., 4- H/FFA), and compatibility with residential neighborhoods.

All other animals commonly kept as pets or for personal enjoyment (e.g., fish, dogs, cats, potbellied pigs, reptiles, birds, hamsters) are exempt from these standards unless separately regulated by the Ukiah Municipal Code or determined by the Community Development Director to pose a nuisance or health risk.

This Section does not apply to commercial livestock operations, which are governed by Division 5, Chapter 2 of the Ukiah City Code.

Furthermore, roosters, turkeys, ducks, geese, and swine, are prohibited in all zoning districts within the City except for the Agricultural Exclusive (AE) and Combining Agricultural (-A) zoning districts, in which this use is subject to the permitting requirements set forth in Article 10 or Article 13 of this Chapter as appropriate.

B. Animal Raising – Personal. Animal Raising – Personal, as defined in Section 9278 of this Code and as may be amended, shall be allowed in any zoning district provided that all standards set forth in the definition in Section 9278 apply.

An application for an Administrative Use Permit allowing exceptions to the standards in Section 9278 may be authorized under Section 9269 of this Chapter. Issuance of an Administrative Use Permit in that

instance will require the following findings:

1. Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision of the Ukiah City Code or any other applicable provision of law.

2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an animal receiving inhumane treatment.

3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties adversely affecting the enjoyment of such property.

4. Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely affecting the enjoyment of nearby property.

5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the enjoyment of nearby property.

6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances.

7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents.

8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby properties or the natural habitat.

C. Beekeeping and Apiaries.

1.The keeping of bees in four beehives or less shall be allowed with approval of an administrative use permit provided they comply with the following standards and requirements:
a. Colony density
i. The minimum lot size required for an apiary shall be 4,000 square feet. ii. The maximum number of hives allowed in an apiary shall be determined based on lot sizes as follows:

1. 4,000 square feet to 10,000 square feet: 2 hives

2. 10,001 square feet to 43,560 square feet: 4 hives

3. On any lot of 10,001 square feet in size or larger, more than four beehives may be kept, provided there is an additional lot area of 2,500 square feet for each hive. If a skep, barrel, log gum, or other container are used instead of boxes for a hive, the dimensions of the hive shall not exceed the limits of this subsection.
b. Care and Maintenance

i. Hives should not be kept or maintained within any required front yard area.

Hives located within the side and rear yard areas of a lot should maintain a minimum of a 10-foot setback from side and rear property lines to the hives. ii. Hives and apiaries shall be kept in a manner that facilitates inspection and shall be maintained in a sound and usable condition.
iii. In all instances, there shall be one adequate and accessible water source provided on site and located within 20 feet of the beehive(s). The water source shall be maintained so as not to become stagnant.
iv. A flyway barrier at least six feet in height but no greater than seven feet in height shall be erected parallel to the lot line between the hive opening and any lot line located within 25 feet. The flyway barrier shall consist of a wall, solid fence, dense vegetation, or a combination thereof extending five feet beyond the hive in each direction. A flyway barrier of dense vegetation shall not be limited to seven feet in height provided that the initial planting is four feet in height and the vegetation normally reaches six feet in height or higher. Barriers shall be maintained in good condition so that all bees are forced to fly at an elevation of at least six feet above ground level.

2. All beekepers are required to register their bee colonies with the Mendocino County Agriculture Commissioner and adhere to all state laws related to the keeping of bees, including California Food and Agricultural Code, Division 13, Chapter 1, as may be amended from time to time. Beekepers must also notify the Agriculture Commissioner upon relocation of bee colonies.

D. Nonconforming Animal Keeping, Declaration of Public Nuisance. The City Council declares to be a public nuisance any lot where animal keeping is operating in a manner that is not in conformance with this Section.

E. Other Applicable Laws. Nothing in this Section shall exempt any property from enforcement under applicable nuisance, animal control, or public health laws. The Community Development Director may require an administrative use permit if the number, condition, or management of noncommercial animal keeping poses a risk to health, safety, or welfare.
§ 9382 OUTDOOR SALES AND DISPLAY PROJECTS
Outdoor sales establishments are allowed in all Commercial (C-N, C-1, C-2), and Manufacturing Zoning Districts provided that they occur for no more than thirty (30) days within a twelve (12) month period, in accordance with the below standards. Outdoor sales establishments that exceed thirty (30) days within a twelve (12) month period, that are located in Residential (R-1, R-2, or R-3) Zoning Districts or that do not meet the following performance standards may be permitted through an Administrative Use Permit, as regulated by Section 9269 of this Chapter.

A. Parking: Parking shall be designated for a minimum of three (3) automobiles, located off the public right-of-way with no automobile maneuvering permitted in the public right-of-way.

B. Signage: A maximum of twenty-five percent (25%) of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or A-frame sign pursuant to the standards set forth in Subsection 3227.A.5 of this Code.

C. Utilities: The need for sanitary sewer, water, and electrical services shall be determined through the Administrative Use Permit process, and all connections shall comply with this Code.

D. Business License: Business license must be prominently displayed at all times, and the operator shall have proof of Board of Equalization sales permit.
§ 9383 COMMUNITY GARDENS
Community gardens may be allowed in any zoning district and shall comply with the following standards and requirements:

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

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

1. Open Fencing: Open fencing (such as chain link, wrought iron, deer) up to seven feet (7') in height, measured from the grade adjacent to the fence to the top of the fence, is allowed at the property line or set back from the property line. This type of fencing allows the garden to be protected and maximizes the size of the garden while creating an open, pedestrian-oriented use consistent with the purposes of this code.

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

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

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

E. Noise: Compliance with the City of Ukiah noise regulations and restrictions set forth in Division 7, Chapter 1, Article 6 of this Code is required, except as indicated in Subsection D of this Section, Motorized Equipment, which may be more restrictive.

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

G. Signs: Signs are limited to identification, informational, and directional signs in conformance with the sign regulations set forth in Division 3, Chapter 7 of this Code.

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

I. Water Use: Every effort shall be made to reduce water usage. Drip irrigation is required where feasible.

Mulch and compost shall be used in order to reduce the amount of water needed for garden plots.

J. Prohibitions: Smoking, drinking alcoholic beverages, using illegal drugs, and gambling are prohibited.

Weapons, pets and other animals (except service animals) are also prohibited.

Community gardens that do not meet the above performance standards may be permitted through an Administrative Use Permit, as regulated by Section 9269 of this Chapter. § 9384 LIVE ENTERTAINMENT
A. Live entertainment uses may occur in the C-1, C-2, and P-F zoning districts provided they comply with the following standards and requirements:

1. Live entertainment shall commence no earlier than ten o’clock (10:00) A.M. and shall end at eleven o’clock (11:00) P.M. and is limited to two (2) times a week.

2. Live entertainment shall not violate the noise regulations and restrictions set forth in Division 7, Chapter 1, Article 6 of this Code.

3. The number of people within a building where live entertainment is performing shall not exceed the occupancy standards contained in the California Building Code or Ukiah City Code.

4. Businesses desiring to have live entertainment shall provide adequate security during and after live entertainment events.

5. Parking shall generally comply with the Ukiah City Code, although on-street parking within commercial zoning districts may be included in the number of parking spaces provided for the live entertainment.

6. Any building proposed for live entertainment shall comply with all Fire Code requirements and shall be reviewed and approved by the Ukiah Fire Marshal.

B. Management Plan Submittal: As a part of the application for the conducting of live entertainment, the applicant shall submit a management plan addressing the items listed below, which will be distributed by the Planning Division to the Ukiah Police Department and Ukiah Valley Fire Authority for review and comments. The management plan shall, at a minimum, include the following:

1. Potential for loitering and how the business will preclude loitering.

2. Adequacy of lighting for security and safety purposes.

3. Adequacy of parking.

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

5. Details regarding how security will be provided during and after live entertainment events.

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

7. Hours of operation for the business and hours of proposed live entertainment.

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

C. Relief from any of the standards or requirements may be sought through the pursuit of an Administrative Use Permit, as regulated within Section 9269 of this Chapter. The determination shall be based, in part, on how much relief is being sought and the location of the proposed live entertainment and its potential to impact the area.
§ 9385 OUTDOOR DINING
On-site outdoor dining may be allowed in the C-N, C-1 and C-2 zoning districts, provided it is incidental to and part of the operation of a restaurant located on the same parcel, and it complies with the standards and requirements listed below:

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

B. Location of Outside Dining: Outdoor dining shall be located on the same site as the restaurant which the outdoor dining will serve. Outdoor dining facilities, such as tables, chairs, umbrellas, etc., shall not be located in pedestrian walkways, required parking spaces, or disabled access facilities (such as parking spaces, walkways, entries, etc.). Outdoor dining areas may be located in landscaped areas if located in such a manner as to not damage the landscaping.

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

D. Live Entertainment: Outdoor dining shall not be used for live entertainment unless in compliance with Section 9384 of this Code.

E. Tables, Chairs, Furniture, Signage:

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

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

3. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable.

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

5. Outdoor heaters are allowed subject to fire and building code compliance. Non-live music and/or speakers may be used provided the music does not violate the noise regulations and restrictions set forth in Division 7, Chapter 1, Article 6 of this Code.

6. No signage shall be allowed in the outdoor dining area except for the name of the establishment on an awning or umbrella fringe and in compliance with this Section and the signage regulations set forth in Division 3, Chapter 7 of this Code.

F. Maintenance: The property and/or business owner are responsible for maintaining all outdoor dining furnishings and the outdoor dining area in good condition, including, but not limited to, the following:

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

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

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

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

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

3. One or more signs, as approved as part of the encroachment permit, are posted during all times the sidewalk cafe is in operation, which shall give notice to the cafe’s customers that the drinking of beer or wine or the carrying of any open container which contains beer or wine is prohibited

and unlawful outside the delineated outdoor dining area.

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

H. Service Requirements:

1. Service areas (such as busing and service stations) may be located within the outdoor dining area. Service areas shall comply with subsection B of this Section (Location of Outside Dining).

Outdoor food preparation in the outdoor dining area is prohibited.

2. Restrooms for the outdoor dining area shall be provided in the adjoining indoor restaurant.

Seating for the outdoor dining may be counted in determining the restroom requirements for the indoor restaurant at the discretion of the Building Official.

I. Revocation: The outdoor dining may be revoked by the City upon finding that one or more of the requirements of this section have been violated or that the outdoor dining is being operated in a manner that constitutes a nuisance.

J. Relief from any of the standards or requirements may be sought through the pursuit of an Administrative Use Permit, as regulated within Section 9269 of this Chapter. § 9386 SIDEWALK CAFE
A. A sidewalk cafe may be allowed in the C-N, C-1, and C-2 zoning districts, provided it is incidental to and part of the operation of a restaurant and it complies with the standards and requirements listed below.

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

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

D. Limitations and Requirements: A sidewalk cafe may be allowed only where allowed by section 9385 of this Code and only when the sidewalk cafe is incidental to and part of the operation of an adjacent restaurant and when in compliance with the following requirements of this section:

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

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

3. Hours of Operation: Sidewalk cafes may operate on days whenever fair weather would

enhance outdoor dining. The hours of operation shall not exceed eight o’clock (8:00) A.M. to nine o’clock (9:00) P.M. Tables, chairs, and all other furniture used in the operation of a sidewalk cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation. Additional hours may be authorized contingent up on the approval of an Administrative Use Permit.

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

5. Live Entertainment: A sidewalk cafe shall not be used for live entertainment. Live entertainment at sidewalk cafes may be authorized in compliance with Section 9384 of this Code.

E. Tables, Chairs, Furniture, Signage:

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

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

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

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

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

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

7. Outdoor heaters are allowed subject to fire and building code compliance. Music and/or speakers may be authorized contingent up on the approval of an Administrative Use Permit.

8. No signage shall be allowed at the sidewalk cafe except for the name of the establishment on an awning or umbrella fringe and in compliance with this section and the signage regulations set forth in Division 3, Chapter 7 of this Code.

9. All furnishings and other items associated with the sidewalk cafe shall be removed from the sidewalk during nonoperation hours of the cafe. Storage of these items outside may be authorized contingent up on the approval of an Administrative Use Permit.

10. Any proposed seating in the vicinity of street trees shall comply with the City’s Management Guidelines adopted December 1, 2010.

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

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

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

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

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

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

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

H. Service Requirements:

1. The outdoor preparation of food and busing and service stations are prohibited at the sidewalk cafe. Outdoor service station may be authorized contingent up on the approval of an Administrative Use Permit.

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

3. Trash and refuse receptacles for the sidewalk cafe shall not be permitted within the area designated for the sidewalk cafe or on adjacent sidewalk areas and the permittee shall remove trash and litter as they accumulate. Trash and/or refuse containers may be authorized within the outdoor dining area or adjacent sidewalk areas contingent on the approval of an Administrative Use Permit.

I. Power to Prohibit Operation of the Sidewalk Cafe: Any encroachment permit issued for a sidewalk

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

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

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

L. Revocation: The encroachment permit to operate a sidewalk cafe may be revoked by the City upon finding that one or more conditions of the permit or this section have been violated or that the sidewalk cafe is being operated in a manner that constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes the movement of pedestrians past the sidewalk cafe. Revocations may be appealed per the process outlined in Section 5613 of this Code.

M. Relief from any of the standards or requirements may be sought through the pursuit of an Administrative Use Permit, as regulated within Section 9269 of this Chapter. § 9387 SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS
Specialty food and beverage sales with tastings may be allowed in the C-N, C-1, C-2, and P-F zoning districts provided they comply with the following standards and requirements:

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

B. Live Entertainment: Live entertainment is allowed in compliance with Section 9384 of this code and may perform until eight o’clock (8:00) P.M. Other arrangements for live entertainment may be authorized with approval of an administrative use permit.

C. Outdoor Seating: Outdoor seating is allowed in compliance with the applicable requirements for Outdoor Dining included in Section 9385 of this Code or Sidewalk Cafes in Section 9386 of this Code.

D. Administrative Use Permit: An application for an Administrative Use Permit to allow additional operating hours and/or live entertainment in a manner that exceeds the operating characteristics required in this Section may be authorized as set forth in Section 9269 of this Chapter, and shall incorporate findings that address the following considerations:

1. Potential for loitering and how the business will preclude loitering.

2. Adequacy of lighting for security and safety purposes.

3. Adequacy of parking.

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

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

6. Details regarding how security will be provided during and after live entertainment events.

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

SECTION SIXTEEN
The following sections of the Ukiah City Code shall be repealed:

1. Article 15.6 in Division 9, Chapter 2.

2. Section 9182

2. Section 9184
SECTION SEVENTEEN.

1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.

3. 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.

Introduced by title only on , 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on , 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Douglas F. Crane, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

I
L
PLANNING COMMISSION RESOLUTION NO. 2025-03
"ADMINISTRATIVE USE PERMIT ORDINANCE"

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH, STATE OF

CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPTION OF ZONING ORDINANCE

AMENDMENTS TO ESTABLISH AN ADMINISTRATIVE USE PERMIT PROCESS, CLARIFY

ANIMAL KEEPING REGULATIONS, AND CONSOLIDATE PERFORMANCE STANDARDS INTO ART ICLE 23 OF DIVISION 9 OF THE UKIAH CI TY CODE
WHEREAS, on December 7, 2022, the Ukiah City Council adopted Resolution No. 2022-79 certifying the Environmental Impact Report for the Ukiah 2040 General Plan (State Clearinghouse No. 2022050556}, which analyzed the environmental impacts of the City's General Plan and included adoption of a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and
WHEREAS, pursuant to Government Code Section 65850, the City is authorized to adopt zoning regulations, including procedures for the issuance of use permits and performance standards for land use consistent with the General Plan; and
WHEREAS, the proposed ordinance would establish a new Administrative Use Permit (AUP) process for qualifying small-scale or neighborhood-serving uses; consolidate and reorganize performance standards into a new Article 23 of Division 9, Chapter 2 of the Ukiah City Code; clarify distinctions between commercial and personal animal keeping; and update land use definitions for clarity and consistency; and
WHEREAS, the proposed ordinance implements key programs of the Ukiah 2040 General Plan Agriculture Element, including Programs C, E, and I, by reducing regulatory barriers for compatible small-scale agriculture and streamlining permit pathways for community-serving uses; and
WHEREAS, the ordinance is exempt from the California Environmental Quality Act (CEQA} pursuant to CEQA Guidelines Section 15061(b)(3), the "common sense exemption," as it can be seen with certainty that the ordinance will not result in a significant effect on the environment, nor authorize any physical development or new use types; and WHEREAS, public notice of the Planning Commission hearing on the proposed ordinance was provided in accordance with Assembly Bill 2904 and Government Code Sections 65090 and 65091, including publication in a newspaper of general circulation, posting at the Civic Center, and online posting at least 20 days in advance of the hearing; and WHEREAS, the Planning Commission considered all of the information presented to it, including the Staff Report, public testimony, and supporting documentation; and WHEREAS, the Planning Commission has reviewed the ordinance, considered all written and oral testimony, and finds that the ordinance is in the public interest, supports streamlined permitting for compatible uses, and is consistent with the General Plan and applicable state law.

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 Administrative Use Permit Ordinance, makes the following findings and recommendations:

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

ATTACHMENT 2

Administrative Use Permit
Ordinance
City Council: 08/20/25

Ukiah 2040 General Plan
• Implementation Program
C: Unified terminology for
regional coordination
• Implementation Program
E: Promote small-scale
agriculture in neighborhoods
• Implementation Program
I: Streamline permitting for
community gardens

Why the Update?
Some uses (e.g.
backyard chickens)
automatically require a
Use Permit
Deviations (if a
pathway exists)
typically need a Minor
Use Permit ($1,000 +
Public Hearing)
“Zoning vehicle”
needed for
streamlining other
minor uses

What is an Administrative Use Permit (AUP)?
A Staff-reviewed permit
for small-scale projects
No public hearing
needed
Flexibility for minor
exceptions to
Performance Standards
Provisions for
neighborhood
compatibility

Current Rules With the Passing of this
Ordinance
Animals Within the City
may occur in all zones
Requires a Minor Use Permit and
hens/rabbits must follow Performance
Standards
 No Beekeeping Performance Standards
No Pathway to Request Deviations to
Performance Standards
Hens/Rabbits/Bees Allowed if adhere to Performance
Standards
Deviations to Performance Standards processed
through an Administrative Use Permit
Outdoor Sales and
Display Projects
may occur in select zones:

R-1, R-2, C-N, C-1, C-2, M
Requires a Minor Use Permit
Deviations to Performance Standards
processed through a Minor Use Permit
Allowed (If Less Than 30 Days)
If More Than 30 Days, processed through an
Administrative Use Permit
The Changes

Current Rules With the Passing of this
Ordinance
Community Gardens
may occur in all zones
Allowed
No Pathway to Request Deviations to
Performance Standards
Allowed
Deviations to Performance Standards processed
through an Administrative Use Permit
Live Entertainment
may occur in select zones:

C-1, C-2, PF
Allowed
Deviations to Performance Standards
processed through a Minor Use
Permit
Allowed
Deviations to Performance Standards processed
through an Administrative Use Permit
Outdoor Dining; Sidewalk Café
may occur in select zones:

C-N, C-1, C-2
Allowed
Deviations to Performance Standards
processed through a Minor Use
Permit
Allowed
Deviations to Performance Standards processed
through an Administrative Use Permit
Specialty Food and Beverage
Sales with Tastings
may occur in select zones:

C-N, C-1, C-2, PF
Allowed
Deviations to Performance Standards
processed through a Minor Use
Permit
Allowed
Deviations to Performance Standards processed
through an Administrative Use Permit

§ 9381 ANIMALS WITHIN THE CITY
(C) Beekeeping and Apiaries**

1. The keeping of bees in four beehives or less shall be allowed in all zones, with approval of an administrative use permit provided they comply with the following standards and requirements:

3. An application for an Administrative Use Permit allowing exceptions to the above standards may be authorized under Section 9269 of this Chapter.

Strike:

Insert:
** Minor change to
Beekeeping language (pg.
13 of 24 in Ordinance)

Recommendation
• Introduce by title only an ordinance amending the Ukiah City Code to establish an Administrative Use Permit process, reorganize and consolidate performance standards, and
clarify related zoning and animal keeping provisions in the Ukiah City Code.

Zoning Overview: What Goes Where?
Article 23
Article

15.6 Article
16 §9269 §9182
&
§9184
Article
20 Ukiah City Code Division 9 Planning and Development; Chapter 2 Zoning Article
21 Existing
Proposed
Moving
Updated
§9278
“Kennel”
Ukiah City Code
Division 5 Health &
Sanitation; Chapter 2
Livestock
§4200

Agenda Item No: 12.b.

MEETING DATE/TIME: 8/20/2025

ITEM NO: 2025-844

AGENDA SUMMARY REPORT
SUBJECT: Introduction by Title Only of an Ordinance Amendment to Update the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations in Ukiah City Code Ensuring Compliance with State Law and the Findings of the California Department of Housing & Community Development.

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager, Katherine Schaefers, Planning Manager PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:

1. HCD ADU Findings Letter - City of Ukiah (04.24.2025)

2. Response to HCD Findings

3. Planning Commission Resolution

4. Draft Ordinance

5. 12b ADU_CC_Presentation_082025_Final
Summary: Council will consider introducing by title only an ordinance amendment to update the City’s accessory dwelling unit and junior accessory dwelling unit regulations in Ukiah City Code ensuring compliance with state law and the findings of the California Department of Housing & Community Development.

Background: Over the past decade, State housing legislation, particularly related to Accessory Dwelling Units (ADUs), has steadily reduced local discretion. To remain compliant with changes in State law, the City of Ukiah amended its local regulations in 2017 to implement Assembly Bill (AB) 2299, Senate Bill (SB) 1069, and AB 2406. Further amendments followed in 2020 to address AB 68, AB 881, SB 13, AB 670, and AB 587. In 2024, the City adopted Ordinance No. 1244, which relocated ADU and Junior ADU (JADU) regulations into standalone sections of the Ukiah City Code for greater clarity and usability.

State ADU laws are complex and frequently amended. Each legislative change can preempt portions of local ordinances, which must then be updated to restore compliance. In the interim, the City is required to process ADU and JADU applications through a ministerial (staff-level) process, as required by California Government Code.

Despite the challenges, the City has taken concrete steps to support ADU development. In 2017, it adopted a Housing Strategy that laid the groundwork for the 6th Cycle Housing Element, which was subsequently adopted in 2019. These efforts, including regulatory reforms to reduce setbacks and other restrictions, as well as policy incentives, helped spur ADU construction. In 2020, the City began offering pre-approved plan sets to streamline permitting and cut design costs. Since 2019, it has issued building permits for 32 ADUs. Table 1 shows a breakdown by ADU type.

Table 1: City of Ukiah ADU Construction (2019–2024)
• New Construction – Detached: 8
• Garage Conversion (Attached): 10
• Conversion – Detached Accessory Structure: 9
• New Construction – Attached: 5

• Junior ADUs (JADUs): 0
Although ADU regulations were updated recently in 2024, further amendments are now proposed to directly implement State housing law, and to maintain the City’s Housing Element certification with the California Department of Housing and Community Development (HCD). The proposed ordinance updates are required to meet State standards while incorporating local development controls that help minimize land use and infrastructure impacts on existing neighborhoods.

In 2024, the State adopted several new laws to accelerate ADU and JADU production, including Senate Bill (SB) 1211. This legislation increases the number of detached ADUs allowed on multifamily properties and eliminates certain local parking replacement requirements. Many of the most substantial changes related to the allowances for ADUs are on multi-family parcels.

On April 24, 2025, HCD issued formal findings (Attachment 1) related to Ordinance No. 1244, which had been adopted by the City on September 4, 2024, and submitted for State review on September 5, 2024. HCD determined the City's ordinance did not fully comply with State ADU law under Government Code section 66326(a). The City submitted a written response on May 23, 2025, included as Attachment 2. On June 3, 2025, HCD confirmed that the response brought the ordinance into substantial compliance. Final adoption and submittal of the amended ordinance are necessary to complete this compliance process.

On July 9, 2025, the Ukiah Planning Commission reviewed the proposed amendments to the Ukiah City Code and unanimously recommended approval to the City Council by adopting PC Resolution No. 2025-04 (Attachment 3). In addition, the Commission requested that the following memorial comment of protest be included in the public record: Given the Pro-housing designation of the City, the consistency of meeting the City’s Housing Element requirements, and given the nature and growth projection of our rural community, the Planning Commission finds the new requirements from HCD State of California to be overly prescriptive.

Discussion: The proposed ordinance (Attachment 4) updates are primarily intended to bring the City’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations into compliance with current State law and the findings issued by the California Department of Housing and Community Development (HCD) in April 2025. These findings responded to the City’s previously adopted Ordinance No. 1244 from September 2024. The proposed ordinance is intended to align with Government Code requirements and help preserve the City’s 6th Cycle Housing Element certification.

Several of the proposed revisions are minor or clarifying in nature. For example, HCD requires clearer language regarding application approval process and timelines. The proposed update replaces the language “acted upon” with “approve or deny” to meet the requirements of Government Code Section 65852.2. The ordinance also proposes clarifying that uncovered parking spaces, in addition to garages and carports, would not need to be replaced if converted to or demolished for an ADU. This resolves a technical issue identified by HCD, but in practice was already addressed by City Staff. Another proposed revision explicitly states that fire sprinklers are not required for ADUs if they are not required in the primary residence, and that construction of an ADU would not trigger new sprinkler requirements in the main dwelling. While this reflects existing State law and the current practices of the City, clarification is necessary for compliance as conveyed by HCD.

More substantive changes under the proposed ordinance include:
• Allowing up to eight detached ADUs on lots with existing multifamily dwellings, consistent with SB 1211.
• Removing unit size caps for ADUs on multifamily properties and exempting certain conversions from size limitations.
• Codifying AB 2533, which allows owners of unpermitted ADUs constructed before January 1, 2020, to obtain permits to permanently “legalize” their ADU, while only meeting the requirements of Health and

Safety Code (H&SC) 17920.3. This code section requires buildings to meet sanitary, structural, electrical, plumbing, mechanical, weather protection, approved material, maintenance, exit, and fire health and safety requirements. This incorporates the majority of the requirements in the California Building Standards Code.

Regarding height, the ordinance includes revisions to clarify and refine allowable limits in accordance with HCD guidance. Detached ADUs would continue to be limited to 20 feet in height, but could be approved up to 25 feet through a minor site development permit if they meet conditions related to consistency with the primary structure or local development standards. Attached ADUs are proposed to be permitted up to 25 feet or the maximum height allowed by the applicable zoning district, whichever is greater. This would not constitute a new entitlement, as the height limits for all applicable zoning districts already exceed 25 feet. The ordinance also proposes confirming that ADUs constructed above garages, whether attached or detached, may reach 25 feet or the zoning district’s maximum height. Previous language clarified that ADUs may exceed the height of the primary residence.

For JADUs, the updates include proposed corrections to permit processing timelines, revised deed restriction language, and confirmation that separate utility impact fees would not apply when a JADU is constructed independently of a new single-family dwelling.

Pursuant to correspondence received on June 25, 2025 and guidance from the public and the California Department of Housing and Community Development (HCD), the proposed ordinance amending the Ukiah ADU regulations was revised in late-June to align with the requirements of Government Code Section 66323.

This section governs specific categories of Accessory Dwelling Units (ADUs) that are exempt from certain local standards. Local agencies cannot apply development or design standards to 66323 Units unless those standards are specifically listed in Government Code section 66323. This includes both local rules and those from State ADU Law. That means local governments can't impose requirements like parking, building height, setbacks, lot size, open space, floor area ratio, or similar zoning rules, unless they're explicitly allowed under section 66323.

Environmental Review
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, also known as the “common sense” exemption. This exemption applies when it can be seen with certainty that the activity will not have a significant effect on the environment. The ordinance does not authorize new uses or physical development and does not expand the range of allowable land uses beyond what is already permitted under existing state law. Instead, it modifies and clarifies local permitting procedures to ensure consistency with state requirements. These changes include the expansion of ministerial approval processes, as well as technical corrections to align with the municipal code.

Staff recommends Council introduce by title only an ordinance amendment to update the City’s accessory dwelling unit and junior accessory dwelling unit regulations in Ukiah City Code ensuring compliance with state law and the findings of the California Department of Housing & Community Development.

Recommended Action: Introduce by title only an ordinance amendment to update the City’s accessory dwelling unit and junior accessory dwelling unit regulations in Ukiah City Code ensuring compliance with state law and the findings of the California Department of Housing & Community Development.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney

STRATEGIC PLAN (SP):SP 3A - Review and revise land use planning documents to be reflective of the longterm vision for the community.

CLIMATE INITIATIVES (CI): 5a – Update zoning ordinance.

GENERAL PLAN ELEMENTS (GP):GP-A8 - Housing Element (2019-2027). H-3: Remove governmental constraints to infill housing development; H-3.1: Improve building and planning permit processing for residential construction; LU-1: H-3.1: Improve building and planning permit processing for residential construction.

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

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, 10th Floor
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
April 24, 2025
Craig Schlatter, AICP, Director
Community Development Department
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95842
Dear Craig Schlatter:

RE: Review of City of Ukiah’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 - 66342)
Thank you for submitting the City of Ukiah’s (City) ADU Ordinance No. 1244 (Ordinance), adopted September 4, 2024, to the California Department of Housing and Community Development (HCD). The Ordinance was received on September 5, 2024.

HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU Laws in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than May 24, 2025.

The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law as follows:

1. Senate Bill (SB) 1211 (Chapter 296, § 3, Statutes of 2024) – As of January 1, 2025, the Legislature changed Government Code section 66323. Subdivision (a)(4)(A)(ii) and (iii), now allows for the following:
• (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
• (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.

The Ordinance does not currently list any of this information. The City must add new language reflecting these allowable uses.

2. Assembly Bill (AB) 2533 (Chapter 834, Statutes of 2024) - As of January 1, 2025, there are changes to Government Code section 66332. Subdivisions (a) and (b) were changed and subdivisions (d) – (f) were added. Changes include permitting ATTACHMENT 1

Craig Schlatter, Director of Community Development.

PAGE 2
previously unpermitted ADUs, adding the same protections for JADUs, and setting additional requirements for local agencies. The City should review these new requirements and adjust the Ordinance to comply with State ADU Law.

3. Statutory Numbering - The Ordinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance to refer to the correct Government Code sections.

4. Section 9056.1 (E) – Conversion ADUs – The Ordinance states, “Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures.” However, Government Code section 66314, subdivision (d)(3) states, “The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages” (emphasis added). The Ordinance does not mention the option of a conversion ADU, and that an ADU can be attached to an accessory structure. Therefore, the City must amend the Ordinance to clarify that an ADU may be formed by conversion or addition to an existing accessory structure.

5. Section 9056.2 (A) – Review Process - The Ordinance states, “Applications for a building permit for an ADU shall be deemed approved if the local agency has not acted on the completed application within 60 days” (emphasis added).

However, State ADU Law requires: “The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.”1 The Ordinance uses the words “acted on”, but State ADU Law requires the City to “approve or deny” the application. Therefore, City must amend the Ordinance to replace “acted on” with “approve or deny”.

6. Section 9056.2 (B)(a) – Conversions of Accessory Structures – The Ordinance states, “An ADU may be attached to an existing primary residence converted from a portion of the existing living area of the primary residence, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure”. However, State ADU Law requires, “The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary 1 Gov. Code, § 66317, subd. (a).

Craig Schlatter, Director of Community Development.

PAGE 3
dwelling, including detached garages.”2. The Ordinance does not make clear that an ADU may be converted from an attached garage. Therefore, the City must amend the Ordinance to allow attached garages to be converted to ADUs.

7. Section 9056.2 (B)(b) – Unit Combinations – The Ordinance states, “The number of ADUs allowed on a single lot shall be: (i). On a lot that contains an existing or proposed single-family dwelling: One (1) ADU attached or detached, (ii). On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and up to 25 percent of the number of units in the existing multifamily dwelling converted from existing non-livable space in a multifamily structure. (iii) On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure.” However, pursuant to Government Code section 66323, subdivision (a), “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application…to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure.” Additionally, subparagraph (B) permits “[o]ne detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks.” The use of the term “any” followed by a list of ADU types permitted under Government Code section 66323, indicate that any of these ADU types can be combined on lots with existing or proposed single-family dwellings. This permits a homeowner, who meets the specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. ADU types can be combined on lots with existing or proposed single-family dwellings.

Therefore, the City must amend the Ordinance to provide for all ADU combinations described in Government Code section 66323.

8. Section 9056.2 (C) – Maximum Floor Area of Detached ADU – The Ordinance states, “The maximum size of the detached ADU shall be one thousand and two hundred (1,200) square feet. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to size requirements.” However, Government Code, section 66323, subdivision (a)(4), requires the local agency to approve ADUs that are detached from the multifamily dwelling structure. Detached ADUs on multifamily lots do not have a floor area restriction under Government Code, section 66323, subdivision (a)(4).

The City must remove this restriction from the Ordinance. 2 Gov. Code, § 66314, subd. (d)(3).

Craig Schlatter, Director of Community Development.

PAGE 4

9. Section 9056.2 (D) – Off-site Improvements – The Ordinance states, “Curb, gutter, sidewalk, paving and street trees, however, shall be required when that infrastructure does not exist, and the proposed building permit value is equal to or greater than one-third (1/3) of the value of the existing structure per UCC §9181”. However, Government Code, section 66315, states: “Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used, or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” Off-site improvements are an additional standard not authorized by State ADU Law. The City must remove these requirements from the Ordinance.

10.Section 9056.2 (G)(c) – Fire Sprinklers – The Ordinance states, “Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers.” However, Government Code, section 66314, subdivision (d)(12) and section 66323, subdivision (c) state, “The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed…” in the existing primary dwelling. Therefore, the City must amend the Ordinance to reflect that and ADU may not trigger a requirement that fire sprinklers be installed in the primary dwelling.

11.Section 9056.4 (D) – Uncovered Parking – The Ordinance states, “If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those off-street parking spaces be replaced.” However, Government Code, section 66314, subdivision (d)(11), states that “A local agency may not require off-street parking spaces to be replaced when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU.” Therefore, the City must amend the Ordinance to include non-replacement of uncovered parking when uncovered parking is used to construct or is converted to an ADU.

12.Section 9056.6 (A) and (D) – Height limits –Section 9056.6 (D), states, “ADUs above a garage (Attached or Detached) can be constructed to the maximum height for the zoning district in which it is located.” However, Government Code, section 66321, subdivision (b)(4) states that height limitations must be prescribed no lower than 16, 18, 20 or 25 feet under certain specified conditions.

The City must amend the Ordinance to reflect the various height limits provided in State ADU Law.

Craig Schlatter, Director of Community Development.

PAGE 5

13.Section 9056.7 – Development Standards – The Ordinance states, “Whenever an ADU is proposed that would involve uses or features that are not explicitly addressed by design and development standards set forth in this Code or State law, the Community Development Director shall determine whether the proposal is appropriate and whether it should be reviewed on a ministerial or discretionary basis.” However, Government Code section 66316, states, “An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article.” The City may apply additional processes with a compliant Ordinance to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review. These processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with State ADU Law.

The City must amend the Ordinance to provide an approval process that includes only ministerial provisions for the approval of ADUs.

14.Section 9056.7 – Development Standards – Paragraphs (A), (B), (C), and (E), of section 9056.7 impose additional subjective development standards on ADUs which are not authorized by State ADU Law. State ADU Law requires that local agencies review ADUs ministerially without discretionary review and impose only objective standards on ADUs under the provisions of Government Code, section 66414, subdivision (b)(1). Objective standards are defined as “Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.”3 The City must amend the Ordinance to remove subjective development standards.

15.Section 9057.1 – JADU –The Ordinance states, “The department shall act on an application to create a JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling in the lot” (emphasis added). However, Government Code section 66335, subdivision (a) (2), states “[t]he permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application…” The term “act upon” is old language and was amended to read “approve or deny.” Acting on an application does not reflect State ADU Law. The City is required to issue an approval, or a denial with a full set of comments on how to remedy the application within 60 days of receiving a completed application. Therefore, the 3 Gov. Code, § 66313, subd. (h).

Craig Schlatter, Director of Community Development.

PAGE 6
City must amend this section to reflect an application must be approved or denied vs acted upon.

16.Section 9057.1 (A) – Permit and Fees – The Ordinance states, “Construction permits (including, but not limited to a building, well, septic, and/or sewer permit) shall be required to establish a JADU.” However, JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed concurrently with a new single-family dwelling. 4 The City
must amend the Ordinance to remove the additional utility fees for junior accessory dwelling units (JADUs) unless it is constructed concurrently with a new single-family dwelling.

17.Section 9057.1 (D)(4)(i) – Deed Restriction Typo – The Ordinance states that “The property owner shall record a deed restriction that: (i) A prohibition on the sale of the junior accessory unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and.” That change would break the grammar for (ii), (iii), and (iv). Instead, the City should amend the Ordinance to correct the typing error and write “Includes a prohibition” under (i) instead of “A prohibition.”

18.Section 10.1 – Severability – The Ordinance states, “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.” However, Government Code section, 66316 states, “If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.” The Severability clause implies that some parts of the Ordinance will be valid even if other parts are not valid. The City must remove the Severability clause and apply the standards under Government Code section 66316 when the existing accessory dwelling unit ordinance that fails to meet the requirements of this article.
4 Gov. Code, § 66324, subd. (b).

Craig Schlatter, Director of Community Development.

PAGE 7
The City has two options in response to this letter.5 The City can either amend the Ordinance to comply with State ADU Law6, or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD’s findings.7 If the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law.8
HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.

Please feel free to contact Reshma Sen at [email protected] if you have any questions.

Sincerely,
Jamie Candelaria
Senior Housing Accountability Manager
Housing Policy Development Division
5 Gov. Code, § 66326, subd. (c)(1).
6 Gov. Code, § 66326, subd. (b)(2)(A).
7 Gov. Code, § 66326, subd. (b)(2)(B).
8 Gov. Code, § 66326, subd. (c)(1).

State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.

Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)

City of Ukiah

COMMUN ITY DEVELOPMENT DEPARTM ENT
May 23, 2025
Jamie Candelaria, Senior Housing Accountability Manager Department of Housing and Community Development
Housing Policy Development Division
651 Bannon Street, 10th Floor
Sacramento, CA 95811
Subject: Response to HCD Findings Regarding ADU Ordinance No. 1244 under State ADU Law (Gov. Code, §§ 66310 - 66342)
Dear Ms. Candelaria,
Thank you for HCD's review of the City of Ukiah's Accessory Dwelling Unit (ADU) Ordinance No. 1244, as outlined in the letter dated April 24, 2025. The City of Ukiah appreciates the opportunity for HCD staff, particularly Reshma Sen, HCD Representative 11, to collaborate with the City of Ukiah over the past few weeks.

As a designated Pro-Housing City, Ukiah is proud to be on track to meet its 6th Cycle Regional Housing Needs Allocation (RHNA) and continues to implement policies that expand affordable and market-rate housing opportunities and remain committed to aligning our local ordinances with State housing law.

The following is the City's formal response to the 18 findings raised in HCD's letter (enclosed). All identified changes will be incorporated into a revised ordinance, which will be noticed and scheduled for a public hearing before the Planning Commission on June 26, 2025, followed by introduction to, and possible adoption by, the City Council in July:

1. Senate Bill 1211: As required by SB 1211, language will be integrated to allow up to 8 detached ADUs on lots with existing multifamily dwellings (not to exceed the existing unit count), and up to 2 detached ADUs on lots with proposed multifamily dwellings.

2. Assembly Bill 2533: The ordinance will be revised to include provisions of AB 2533 allowing recognition and regulation of previously unpermitted ADUs and extending protections to JADUs.

3. Statutory Numbering: Outdated citations (e.g., §65852.2) were initially flagged for replacement; however, per subsequent correspondence from Reshma Sen the reference to statutory numbering was sent in error. Therefore, no change is required regarding code citations based on that item.

4. Converted ADUs: The City will revise §9056.1 (E) to explicitly state that ADUs may be created by converting or adding to existing accessory structures (including garages), consistent with §66314( d)(3).

5. ADU Application Review Language: The phrase "acted on" will be replaced with "approve or deny" to comply with current State ADU Law.
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)467-5786 • Fax: (707)463-6204 ·www.cityofukiah.com ATTACHMENT 2

City of Ukiah

COMM UN ITY DEVELOPMENT DEPARTMENT

6. Attached Garage Conversions: The ordinance will be amended to clarify that attached garages may be converted to ADUs. Notably, since 2017, attached garage conversions have comprised a significant share of the ADU permits issued in Ukiah.

7. ADU Combinations: The City will amend the ordinance to provide for all ADU combinations described in Government Code §66323.

8. Size Limits for Multifamily ADUs: Size limits will be removed for detached ADUs on lots with a multifamily dwelling structure, as requested by HCD staff.

9. Off-Site Improvement Requirements: All off-site improvement mandates (e.g., sidewalks, street trees) will be removed in accordance with §66315. Staff recognizes that these improvements are an additional standard not authorized by State ADU Law.

10. Fire Sprinklers: The ordinance will clarify that ADUs do not trigger fire sprinkler installation requirements in the primary dwelling, pursuant to §§66314(d)(12) and 66323(c). This codifies the City of Ukiah's existing practice that the construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

11. Uncovered Parking Replacement: Language will be added to confirm that uncovered parking spaces demolished or converted for ADU construction are not required to be replaced.

12. Height Standards: Height provisions will be updated to reflect a 25-foot standard for all detached ADUs.

13. Section 9056.7- Development Standards: §9056.?(A), (B), (C), and (E) will be removed to ensure compliance with §66314(b)(1).

14. Section 9056.7 - Development Standards: §9056. 7(A), (B), (C), and (E) will be removed to ensure compliance with §66314(b)(1 ).

15. JADU Application Review Language: The phrase "acted on" will be replaced with "approve or deny" to comply with current State ADU Law.

16. JADU Utility Fees: It is understood that JADUs are not considered a new residential use for purposes of calculating connection fees or permit for water or sewer. The ordinance will be clarified to reflect this limitation.

17. Deed Restriction Typo: The ordinance will correct the grammatical issue in §9057.1(D)(4)(i) by replacing "A prohibition" with "Includes a prohibition."

18. Severability Clause: The severability clause will be removed to comply with §66316, which requires that non-compliant ordinances be deemed null and void.

The City of Ukiah remains committed to supporting Accessory Dwelling Units (ADUs) as a key component of its housing strategy. During this 6th Cycle, over 35 new or converted ADU permits have been issued, reflecting strong and sustained local interest in this form of incremental housing. In 2020, the City developed three sets of engineered ADU building plans and made them available to the community at no cost. Each design has now been successfully utilized multiple times. These tools, along with ongoing day-to-day support and interactions continue to lower barriers for residents interested in building ADUs here.

Moving forward, Staff will ensure full compliance and submit materials for timely review by HCD staff as updates become available. We request prompt feedback from HCD so that staff can incorporate any input for discussion or response by the City Council.
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)467-5786 • Fax: (707)463-6204 ·www.cityofukiah.com

City of Ukiah

COMMUN ITY DEVELOPMENT DEPARTMENT
Overall, the City's response and these updates are aimed at ensuring full alignment with State ADU Law and reinforcing Ukiah's commitment to increasing housing production through clear, objective, and legally compliant regulations. We welcome continued collaboration with HCD and look forward to working together to provide our experience and advance shared housing objectives across California.

Sincerely,
Craig
G
:J
~Mtter, AICP ~ Community Development Director
Enclosures ( 1)
CC: Sage Sangiacomo, ICMA-CM, City Manager
David Rapport, City Attorney
Darcy Vaughn, Assistant City Attorney
Jesse Davis, AICP, Chief Planning Manager
Jim Robbins, Housing and Grants Manager
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)467-5786 • Fax: (707)463-6204 ·www.cityofukiah.com

I
L
PLANNING COMMISSION RESOLUTION NO. 2025-02

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH

RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE AMENDING THE UKIAH CITY CODE REGARDING ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs), IN COMPLIANCE WITH STATE LAW (GOVERNMENT CODE §§ 66310 - 66342)
WHEREAS, on December 7, 2022, the Ukiah City Council adopted Resolution No. 2022-79 certifying the Environmental Impact Report for the Ukiah 2040 General Plan (State Clearinghouse No. 2022050556), which analyzed the environmental impacts of the City's General Plan and included adoption of a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and
WHEREAS, pursuant to Government Code Section 65850, the City is authorized to adopt zoning regulations, including regulations governing accessory dwelling units and junior accessory dwelling units, consistent with the General Plan; and
WHEREAS, the City of Ukiah adopted ADU Ordinance No. 1244 on September 4, 2024, regulating the construction and development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) within the city; and
WHEREAS, the California Department of Housing and Community Development (HCD), in its letter dated April 24, 2025, issued formal findings pursuant to Government Code§ 66326(a), determining that Ukiah's Ordinance No. 1244 did not fully comply with State ADU Law (Government Code§§ 66310- 66342); and
WHEREAS, the City of Ukiah timely responded to HCD's letter on May 23, 2025, confirming its intent to amend Ordinance No. 1244 to fully align with updated ADU laws, including recent changes under SB 1211, AB 2533, and other applicable legislation; and WHEREAS, on June 3, 2025, HCD confirmed the City's response was substantially compliant and instructed the City to proceed with formal adoption of the revised Ordinance and submit the adopted version to HCD; and
WHEREAS, the proposed Ordinance amendments are consistent with the goals and policies of the Ukiah General Plan and 6th Cycle Housing Element, and reflect the City's designation as a Pro-Housing community actively working to address its Regional Housing Needs Allocation (RHNA); and
WHEREAS, on June 23, 2025, the City of Ukiah received informal comments from the California Department of Housing and Community Development (HCD) and subsequently incorporated revisions to the proposed ordinance to ensure compliance with State law, including but not limited to Government Code section 66323, subdivision (a), and other applicable provisions. On June 25, 2025, the Planning Commission continued to a certain date, July 9, 2025, at which time the Planning Commission held a duly noticed public hearing to consider the ordinance, receive the staff report, as well as public comments from interested parties, and after closing the public comments portion discussed the matter; and
WHEREAS, the proposed Ordinance amendments align with the requirements of State law, including recent statutory amendments; promote housing development through clear, objective, and ministerial review processes; are necessary to maintain the validity of the City's ADU

ATTACHMENT 3

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS

OF THE UKIAH CITY CODE REGULATING ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS
The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS AND DECLARATIONS

1. The proposed amendments to Division 9, Chapter 2 of the Ukiah City Code are consistent with the 2040 Ukiah General Plan and support the goals, objectives, and policies outlined in the 6th Cycle Housing Element. The amendments are specifically designed to conform local zoning standards with state housing laws to meet the statutory requirements and policy expectations of the California Department of Housing and Community Development (HCD), thereby supporting the City's obligation to facilitate housing production and maintain certification of its 6th Cycle Housing Element.

2. The adoption of this Ordinance is a necessary action to continue progress towards production of affordable housing in a way that minimizes impacts to local neighborhoods.

3. When the State revises ADU law, a local jurisdiction's ADU Ordinance, if non-compliant with the new ADU laws, is rendered "null and void" and local jurisdictions must continue to process ADU applications through a ministerial process in accordance with State law.

4. On April 24, 2025, the California Department of Housing and Community Development (HCD) completed its review of the City of Ukiah's ADU Ordinance No. 1244, which was adopted on September 4, 2024 and submitted to HCD on September 5, 2024. Per Government Code § 66326(b)(1), the City responded on May 23, 2025 (within 30 days of receipt of HCD’s findings).

On June 3, 2025, HCD responded that they found the City’s response substantially compliant with State ADU Law. Once amended, the City is instructed to upload the adopted Ordinance to HCD.

5. On June 23, 2025, the City of Ukiah received informal comments from the California Department of Housing and Community Development (HCD) and subsequently incorporated revisions to the proposed ordinance to ensure compliance with State law, including but not limited to Government Code section 66323, subdivision (a), and other applicable provisions.

6. On June 25, 2025, the Planning Commission continued to a certain date, July 9, 2025, at which time the Planning Commission held a duly noticed public hearing to consider the ordinance, receive the staff report, as well as public comments from interested parties, and after closing the public comments portion discussed the matter.

7. Through adoption of this ADU Ordinance, the City has responded to HCD’s findings and intends to bring the City’s ADU Ordinance into compliance with applicable State ADU laws.

SECTION TWO.

Division 9, Chapter 2, Article 5.3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§9056 PURPOSE AND INTENT
The purpose of this article is to create an expedient ministerial approval process for residential accessory dwelling units (ADUs). To do so, this article sets forth development standards in conformance with the Attachment 4

California Government Code and tailored to meet the changing needs of Ukiah communities and expand housing choices in all neighborhoods.
§9056.1 GENERAL REQUIREMENTS
Accessory dwelling units (ADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed shall be ministerially permitted and subject to the following standards/criteria:

A. The requirements of this article are applicable to all existing ADUs, as well as those proposed after the effective date hereof, except for legal nonconforming units, or as specifically provided herein. Existing ADUs as of the date hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation.

B. ADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU is located. ADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the lot on which an ADU is located with a primary residence.

C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district or State law are met.

D. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence unless the conveyance meets the requirements of Government Code sections 66340 through 66342.

E. Accessory dwelling units provide complete independent living facilities for one or more persons The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

F. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure, unless the ADU is constructed with a new single-family home. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

G. Nothing in this chapter shall preclude the development of a junior accessory dwelling unit as regulated by Ukiah City Code and Government Code sections 66333 through 66339. §9056.2 DEVELOPMENT REQUIREMENTS
A. Applications for a building permit for an ADU shall be deemed approved if the local agency has not approved or denied the completed application within sixty (60) days. If approved, no additional parking or other development standards shall be applied except for building code and fire safety requirements.

B. Applications for a building permit within any zoning district where residential uses are allowed or permitted shall be approved ministerially to develop any of the following:

1. Unit Type: An ADU may be attached to an existing primary residence converted from a

portion of the existing living area of the primary residence or attached garage, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure.

2. Number of Units: The number of ADUs allowed on a single lot shall be:
a) On a lot that contains an existing or proposed single-family dwelling: One (1) new ADU attached or detached. Additionally, one (1) converted ADU created from existing space of the single-family residence or an existing accessory structure.

Converted ADUs must have exterior access. ADUs converted from existing structures are eligible for a 150 square-foot expansion to accommodate ingress and egress.
b) On a lot that contains an existing multifamily dwelling: Eight (8) ADUs, detached from the multifamily structure, and up to twenty-five percent (25%) of the number of units in the existing multifamily dwelling converted from existing non-livable space in a multifamily structure. The number of Accessory Dwelling Units, however, allowable pursuant to this Subsection shall not exceed the number of existing units on the lot.
c) On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure.

C. Size: The maximum size of a detached ADU shall be one thousand two hundred (1,200) square feet, unless located on the same parcel as a multi-family structure, in which case there shall be no maximum unit size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements.

D. Improvements: The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU, the correction of nonconforming zoning conditions. For purposes of this section, “nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

E. Lot Size: No minimum lot size shall be required.

F. Lot Coverage: The lot coverage limitation of the base zoning district shall not apply to the construction of an ADU.

G. Construction Standards: Not exclusive of other applicable State and local building and fire regulations, ADUs shall comply with the following requirements:

1. Structures within the State responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction.

2. Structures outside of the SRA must comply with building code regulations for fire-resistive construction, unless more restrictive standards are required pursuant to State law or regulation.

3. Fire sprinklers are not required for the ADU if not required for the primary residence, and the construction of an ADU may not trigger the requirement for fire sprinklers in an existing primary dwelling.
§9056.3 SETBACKS
The following yard setback requirements shall apply to ADUs:

A. Front Yard: The same as the existing primary residence, but no closer than five feet (5') for the construction of a new detached ADU greater than 800 square feet.

1. For construction of a detached ADU, the application of front yard setbacks do not apply to an ADU of eight hundred (800) square feet or less when associated with a SingleFamily Dwelling unit.

2. For construction of a detached ADU, the application of front yard setbacks does not apply to construction an ADU when associated with a Multiple-Family Dwelling.

B. Side Yard or Rear Yard: Four feet (4').

C. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

D. An ADU created within the existing space of an accessory structure can be expanded beyond the physical dimensions of the structure up to 150 square feet solely for the purpose of accommodating ingress and egress. The resulting ADU shall conform only to setbacks sufficient for fire and safety
§9056.4 PARKING

1. Parking requirements for the ADU shall be one off-street space (independently accessible or tandem) in addition to the accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required.

2. Off-street parking shall be permitted in setback areas in compliance with the definition of “offstreet parking” found in section 9278B of this code or through tandem parking.

3. Parking standards will not be imposed for an ADU in any of the following instances:

1. The ADU is located within one-half (1/2) mile of a public transit stop;

2. The ADU is located within an architecturally and historically significant district;

3. The ADU is part of the existing primary residence or an existing accessory structure;

4. When on-street parking permits are required but not offered to the occupant of the ADU;

5. When there is a car share vehicle located within one block of the ADU;

6. When an application for an ADU is submitted with an application to create a new singlefamily or multifamily dwelling on the same lot.

4. If a garage (attached or detached), carport, or uncovered or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those off-street parking spaces be replaced.

5. No parking shall be required for ADUs created pursuant to Government Code § 66323, including:

1. Converted ADUs in existing single-family homes or accessory structures;

2. New detached ADUs (≤ 800 square feet);

3. ADUs converted from non-livable space in multifamily buildings (up to 25% of units);

4. Detached ADUs on lots with multifamily structures.
§9056.5 LEGAL NONCONFORMING ACCESSORY STRUCTURES
ADUs converted from residential accessory structures determined to be legal nonconforming shall be subject to the following requirements:

A. A legal nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure, shall not be subject to setback requirements.

B. A legal nonconforming residential accessory structure that is converted to an ADU may be expanded up to one thousand two hundred (1,200) square feet if the expansion will comply with the height limit and setbacks for new detached ADUs.

C. Expansion of floor area within a nonconforming setback is limited to one hundred fifty (150) square feet, if necessary, to accommodate associated utilities, ingress and egress.

D. Delay of Enforcement of Building Standards.

1. The owner of an Accessory Dwelling Unit that was built before January 1, 2020, may submit an application to the Building Official requesting correction of any violation of building standards. For purposes of this Section, “building standards” refers to those standards enforced by permitting agencies under the authority of Section 17960 of the California Health and Safety Code.

2. The Building Official shall grant the application if determined that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Building Official shall consult with the Fire Official.

3. Any notice to correct a violation of a building standard that is issued to the owner of an Accessory Dwelling Unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an Accessory Dwelling Unit pursuant to this Section.

4. The City shall not impose impact fees or connection or capacity charges for ADUs legalized under this Section.
§9056.6 HEIGHT
A. The maximum height for detached ADUs shall be twenty feet (20').

B. ADUs attached to the primary structure can be constructed to a height of twenty-five feet (25’) or the maximum height for the zoning district in which the unit is located.

C. ADUs may be taller than the primary residential structure.

D. ADUs above a garage (attached or detached) can be constructed to the maximum height for the zoning district in which the unit is located, or twenty-five feet (25’), whichever is greater.

E. Detached ADUs greater than twenty feet (20') in height may be approved through the granting of a minor site development permit.

SECTION THREE.

Division 9, Chapter 2, Article 5.4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and shown by “* * *”):
§9057 PURPOSE AND INTENT
The purpose of this article is to implement the requirements of the Government Code and provisions of the General Plan Housing Element that encourage the production of affordable housing by expanding housing opportunities for all economic segments of the community. §9057.1 GENERAL REQUIREMENTS
Junior accessory dwelling units (JADUs) shall be ministerially permitted in zoning districts that allow single-family dwelling units as permitted uses, in compliance with Government Code sections 66333 through 66339, the requirements of this section, and all other requirements of the applicable zoning district. The Department shall approve or deny an application to create a JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

For the purposes of constructing a JADU, attached garages are part of a single-family dwelling.

A. Permit Requirements and Fees: Construction permits (including, but not limited to, a building, electrical, or mechanical permit) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements, or collection of impact fees.

B. Timing: A JADU may be established after or concurrently with the single-family residence.

C. Development Standards:

1. Number of Units: One JADU is allowed per lot, within a single-family residence.

2. Unit Size: The floor area of a JADU shall not exceed five hundred (500) square feet. If the bathroom is shared with the single-family residence, it shall not be included in the floor area.

3. Location: A JADU shall be created from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence.

4. Access: A separate, exterior entrance to the JADU shall be provided.

5. Bathroom: If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

6. Kitchen: A JADU shall include an efficiency kitchen. The efficiency kitchen must be removed when the JADU use ceases.

7. The owner of a Junior Accessory Dwelling Unit that was built before January 1, 2020, may submit an application to the Building Official requesting that correction of any violation of building standards be delayed for five years. For purposes of this Section,

“building standards” refers to those standards enforced by permitting agencies under the authority of Section 17960 of the California Health and Safety Code. a. The Building Official shall grant the application if the Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Building Official shall consult with the Fire Marshal.
b. Any notice to correct a violation of a building standard that is issued to the owner of a Junior Accessory Dwelling Unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for a Junior Accessory Dwelling Unit pursuant to this Section.
c. The City shall not impose impact fees or connection or capacity charges for JADUs legalized under this Section.

D. Use Restrictions

1. JADUs may be rented but shall not be sold separate from the single-family residence.

2. JADUs may not be rented for periods of less than thirty (30) days.

3. The owner of the property must reside in either the single-family home or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

4. Deed Restriction: The property owner shall record a deed restriction that:
a) Includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and b) Specifies that the deed restriction runs with the land and is enforceable against future property owners; and
c) Restricts the size and attributes of the JADU to those established by this section and Government Code section 66333; and
d) Makes the City of Ukiah a third-party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction.

SECTION FOUR.

1. PUBLICATION: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

2. EFFECTIVE DATE: The ordinance shall become effective thirty (30) days after its adoption.

3. SEVERABILITY: Pursuant to Government Code section 66316, if any part of this ordinance is determined to be inconsistent with the requirements of state law governing accessory dwelling units or junior accessory dwelling units, the ordinance shall be deemed null and void. In such an event, the City shall apply the standards established in state law for the approval of accessory dwelling units, unless a revised ordinance that complies with state law is duly adopted.

4. ENVIRONMENTAL REVIEW: The ordinance regulates the construction and development of accessory dwelling units, which are either additions to existing structures or new small structures, both of which are categorically and statutorily exempt under CEQA. The City Council, exercising

its independent judgment, finds that the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines (Title 14, California Code of Regulations, Chapter 3, beginning at Section 15000). Because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, it is also exempt under Section 15061(b)(3), the “common sense” exemption, as it can be seen with certainty that there is no possibility the ordinance may have a significant effect on the environment Introduced by title only on , 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on , 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Douglas F. Crane, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

Accessory Dwelling Unit
Ordinance Amendment
City Council: 08/20/25

ADU Recent Timeline (2024-2025)
• September 4, 2024 – City Council Adopted Ord. 1244
• April 24, 2025 – HCD Completes Review of Ord.1244
• June 3, 2025 – City of Ukiah Responds to HCD
• June 23, 2025 – HCD Provides Additional Comment
• July 9, 2025 – Planning Commission Hearing
• August 20, 2025 – Introduction to City Council at Regular Meeting

Ordinance Amendments - Proposed
Incorporation of
Government Code §66323
ADU Categories
Clarification of Parking
Exemptions and Required
Improvements
Removal of Director’s ADU
Determination
Requested Grammatical
Corrections and Legal
Clarifications
• Severability Clause, Deed
Restriction Typo, Legacy
Language
Codifies AB 2533, allows
owners of unpermitted
ADUs built before January
1, 2020 to permanently
“legalize” their ADU

What 66323 Means in Practice:
• Single-Family Lots: Local agencies must now allow:
o One ADU converted from existing space (like a garage, pool house, or attic) &
o One Junior ADU (JADU) &
o One newly built detached ADU
• Multifamily Lots: Local agencies must allow:
o At least one ADU converted from existing non-livable space (like storage rooms), or up to 25% of the number of existing units.
o Up to two units detached from proposed primary dwelling, or
o Up to eight units detached from existing primary dwelling, not to exceed the number of existing units on the lot.
66323 – State
Mandated Units

Other Key Rules:

Rental Terms: ADUs under section 66323
must be rented for longer than 30 days. (Gov.

Code, § 66323, subd. (e).)
Ukiah cannot apply development or design
standards to 66323 Units unless those
standards are specifically listed in
Government Code section 66323. This
includes both local rules and those from State
ADU Law.

That means Ukiah can't impose requirements
like parking, building height, setbacks, lot size,
open space, floor area ratio, or similar zoning
rules on 66323 Units, unless those restrictions
are explicitly allowed under section 66323.
66323 – State Mandated Units

Why Keep An
ADU Ordinance?
• Makes the Law More Accessible and
Usable
• Maintains Local Control Over Review
and Interpretation
• Allows Targeted Local Refinements
(Even if Limited)
• Demonstrates Compliance and
Commitment to Housing Policy in
coordination with HCD.

Recommendation
• Introduce by title only an
ordinance amendment to
update the City’s Accessory
Dwelling Unit And Junior
Accessory Dwelling Unit
regulations in Ukiah City Code
ensuring compliance with state
law and the findings of the
California Department of
Housing & Community
Development

Agenda Item No: 12.c.

MEETING DATE/TIME: 8/20/2025

ITEM NO: 2025-900

AGENDA SUMMARY REPORT
SUBJECT: Annual Review and Consideration of the Fee Schedule for Community Services, Including Recreation Programs, Sports Fields, Parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum.

DEPARTMENT: Community Services PREPARED BY: Jake Burgess, Community Services Supervisor PRESENTER: Jake Burgess, Community Services Supervisor
ATTACHMENTS:

1. Attachment 1 - Fee Schedule for Facilities, Museum, Programs and Aquatics FY 26 Summary: City Council will conduct their annual review of the user fee schedule for the Community Services Department, including Recreation Programs, Sports Fields, Parks, Municipal Pools, Ukiah Valley Conference Center, and Grace Hudson Museum.

Background: The City of Ukiah Community Services Department includes Recreation, the Grace Hudson Museum, the Ukiah Valley Conference Center, parks, facilities, and various other programs. As a matter of policy, City Council reviews fees on an annual basis to ensure that the desired cost recovery, quality of service, and affordability remain at a high level. Conducting a regular review of the comprehensive fee schedule has been an important component of budget management. The annual review has assisted Staff in monitoring the growth and success of services, planning the marketing and service delivery objectives, and forecasting for each budget cycle.

Staff utilizes a variety of tools in the review and assessment of fees including the analysis of existing fees, operating costs, and service levels. The Community Services Department has also conducted fee schedule comparisons with similar facilities/programs in other agencies around the state to ensure our fees are in line with industry standards. Many facility rental fees have not increased in the past decade while utilities, maintenance and staffing costs have risen significantly.

Discussion: Community Services staff has completed a review of all user fees to ensure the desired cost recovery, quality of service, and affordability remain balanced. In response to the costs associated with maintaining and staffing facilities, Staff is requesting a few changes to the fee ranges adopted in 2025. These proposed changes include adjusting rates pertaining to the Ukiah Valley Conference Center, Ukiah Municipal Swimming Pools, and range changes to Youth Sports Program fees. Many new rental rates were adopted in 2024 for Parks, the Alex Thomas Plaza, Grace Hudson meeting spaces, and the Banner Program. These new rates have been in effect for less than one year, so further changes are not requested at this time for those facilities or programs. The current and proposed fees are detailed in "Attachment 1 - Fee Schedule for Facilities, Museum, Programs and Aquatics FY 26."

GRACE HUDSON MUSEUM
The Grace Hudson Museum provides art exhibits, educational programs, tours, and workshops. The rates and fees adopted in 2024 have now been implemented and Staff plans to monitor daily admissions along with rentals before requesting further changes. Current daily rates are listed on Attachment 1.

PARKS & RENTAL FACILITIES

The Ukiah Valley Conference Center coordinates the scheduling and uses of public rental facilities, which includes the Conference Center, parks and picnic spaces. Facility rental revenue provides funds for routine maintenance, as well as the ability to provide facility improvements and prepare for long-term capital improvement projects. Community Services staff members work diligently to keep their operating and maintenance costs low and to manage the facilities within budget guidelines. Rate changes for renting the Alex Thomas Plaza and Parks were adopted in 2024 and have been well-received. Incremental rate changes for room rentals are proposed for the Ukiah Valley Conference Center and are detailed in Attachment 1.

UKIAH MUNICIPAL POOLS
The pool facility and operations are an important community asset as it provides a safe aquatic environment for recreation and instructional swim lessons. Over the years, City Council has maintained a commitment to ensure fees for service at the facility are affordable for all. The City also provides scholarships to numerous swim lesson participants, which ensures that the fee-based programs are accessible to anyone regardless of their financial status. Multiple Staff members have been certified to be a Lifeguard, CPR and First Aid trainers, which has helped reduce costs for training and increase training availability. Staff continues to explore promotional activities, the marketing of special pool programs, and specialty hours that increase usage of the pool. Range changes are proposed for Punch Pass cards to bring their total value in line with current daily admission fees, detailed in Attachment 1.

RECREATION PROGRAMS & SERVICES
There are many programs and services provided by the Recreation Division. Staff members have successfully operated sports leagues, instructional classes, art-based programs, fitness activities, dog training and much more. There are many formats for the structure of classes, clinics, camps, and leagues. The Recreation Division has been tremendously successful in offering specialty camps that are held during school breaks and focus on a particular sport. Recreation programs provide healthy activities and serve a need for working parents. As with all the programs, the Youth Scholarships are available to assist with financial needs so that all children can participate. Although no fee increase is expected this year, Staff is requesting to increase the range of registration rates to provide flexibility for future adjustment. Range increase requests are listed in Attachment 1.

ATHLETIC FACILITIES & SPORTS FIELDS
There are a variety of athletic fields in Ukiah for specific rental uses, and their users include private groups who wish to conduct tournaments. The Recreation Staff handles the scheduling of the field rentals, and the revenue helps to offset the maintenance costs. No adjustments are necessary for this category.

Note: The City has not charged Ukiah-based youth sports leagues such as baseball, football, and soccer for the use of athletic fields. It would be cost prohibitive to the youth programs to pay a facility usage fee. Staff continues looking for new ways to increase revenue to offset the ongoing maintenance costs.

An analysis of the current fee range was conducted in coordination with the Finance Department to ensure budget goals are met given rising costs of staffing and supplies.

Staff recommends Council conduct a review of the fee schedule for Community Services, including recreation programs, sports fields, parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum; and adopt the proposed changes to rental rates and user fees.

Recommended Action: Conduct a review of the fee schedule for Community Services, including recreation programs, sports fields, parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum; and adopt proposed changes to rental rates and user fees.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: Yes / No GRANT: Yes / No

PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Neil Davis, Community Services Director; David Burton, Grace Hudson Museum Director; Daniel Spence, Recreation Supervisor; Michael Maldonado, Conference Center Coordinator STRATEGIC PLAN (SP):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

COMMUNITY SERVICES DEPARTMENT
A. UKIAH MUNICIPAL GOLF COURSE
Facility Managed by Tayman Park Golf Group, Inc.

B. PARK AND FACILITY RENTALS

1. Todd Grove Room Rental Facility Managed by Tayman Park Golf Group, Inc.

Facility located at 599 Park Blvd, Managed by Tayman Park Golf Group, Inc.

Capacity: 225 Assembly, 125 Dining with Kitchen Facility Primary Use: Social Gatherings, Celebrations, Meetings, Workshops Fee Category/Description Current Fees No Changes
All Types of Use
Refundable Deposit 500
Businesses & Individuals
Daily Rate 500
Non Profit or Government Agencies
Daily Rate 300

2. Grace Hudson Museum Meeting Room & Wild Garden Rentals Facility located at 431 S Main Street.

Meeting Room Capacity: 49 Assembly/Dining with Kitchen Facility Primary Use: Small Gatherings, Meetings, Workshops
Wild Gardens Capacity: not to excced 200
Primary Use: outdoor events, including receptions, fundraisers, weddings Fee Category/Description Current Fees No Changes
Meeting Room Public/Private Rental
All Types of Use
Refundable Deposit 250
Businesses & Individuals
500
Non Profit or Government Agencies
300
* Rates for wedding rental will be priced by the Conference Center/ Facility Administrator according to client requirements.

Wild Gardens Public/Private Rental Current Fees No Changes All Types of Use
Refundable Deposit -- Business & Individuals up to 100 guests 300 Businesses & Individuals up to 100 guests
850
450
Businesses & Individuals 101-200 guests
1,150
Refundable Deposit -- Non Profit or Government Agencies up to 100 guests 300 Non Profit or Government Agencies up to 100 guests
500
Refundable Deposit -- Non Profit or Government Agencies 101-200 guests 450 Businesses & Individuals 101-200 guests
750
* Rates for wedding rental will be priced by the Conference Center according to client requirements.

Daily Rate
Daily Rate
Daily Rate
Daily Rate
Daily Rate
Daily Rate
Refundable Deposit -- Business & Individuals 101-200 guests

COMMUNITY SERVICES DEPARTMENT

3. Civic Center Council Chamber Rental
Facility located at 300 Seminary Ave.

Capacity: 141 in Council Chambers
Primary Use: Meetings and Lectures
Fee Category/Description Current Fees No Changes
Public/Private Meeting
Refundable Deposit 250
Business Hours: Monday - Friday 8am-5pm
Daily Rate 200
Daily Rate 150
Room Rental Fees
Refundable Deposit 200
Daily Rate 150
Evening Hours: Monday-Friday 5pm-9pm
Daily Rate 300
Additional Hours after 9pm
Per Hour 100
Services
50-100
B. PARK AND FACILITY RENTALS (Continued)

4. Park Facility Rental: Picnic Area and Other Uses
Parks that are have rental areas include:

Todd Grove Park at 600 Live Oak
Vinewood Park at 1260 Elm Street
Oak Manor Park at 500 Oak Manor Drive
Primary Use: Gatherings, Picnics, BBQ's, etc.

Fee Category/Description Current Fees No Changes
Park & BBQ Rate
1-50 People 150
50-100 People 250
100+ People 350
Access to Electricity 100

5. Alex R Thomas Plaza & School Street
Facility located at 310 S State Street
Primary Uses: Large Gatherings, Fundraising Events, Music, Vendors, Booths Fee Category/Description Current Fees No Changes
All Types of Use for the Entire Plaza including Stage & Pavilion Refundable Deposit 300
Businesses & Individuals
Daily Rate 500
Non Profit or Government Agencies
Daily Rate 400
Additional Equipment provided by City
Daily Rate 50-150
Expanded Use: Street Closure and/or School Street Electricity Daily Rate 150
Deposit 500
Operator Set-Up 100
Hourly Use Rate 100
Business Hours: Monday - Friday 8am - 5pm
Equipment Use: Projector, Screen, Sound Sytem
Use of Plaza Speaker and/or School Street Speaker System

COMMUNITY SERVICES DEPARTMENT
C. UKIAH VALLEY CONFERENCE CENTER

1. Room Rentals
Daily Rate applies Monday through Friday 8:00am-5:00pm
Non Profit Rate applies to the Daily Rate only when applicable Evening/Weekend Rate applies Monday through Friday after 5pm & Saturday or Sunday Fee Category/Description Current Fees Proposed Fees
Red Rooms: Cabernet 1, Cabernet 2, Merlot & Zinfandel
Up to 300 people Dining or 400 Theater/Assembly
Daily Rate 1850 1875
Evening/Weekend Rate 3200 3225
Non Profit Daily Rate 1600 1625
Cabernet 1 & Merlot or Cabernet 2 and Zinfandel
Cabernet 1 or 2
From 1 to 125 people Dining/Classroom or 175 Theatre/Assembly Daily Rate 750 775
Evening/Weekend Rate 1300 1325
Non Profit Daily Rate 650 675
Add Merlot Room or Zinfandel Room 350 375
Chenin Blanc Room
From 1 to 40 people
Daily Rate 500 525
Evening/Weekend Rate 750 775
Non Profit Daily Rate 400 425
Riesling Room
From 1-20 people
Daily Rate 250 275
Evening/Weekend Rate 300 325
Non Profit Daily Rate 200 225
Chardonnay Room
From 1-20 people
Daily Rate 250 275
Evening/Weekend Rate 300 325
Non Profit Daily Rate 200 225
Merlot or Zinfandel Room
From 1-20 people
Daily Rate 250 275
Evening/Weekend Rate 300 325
Non Profit Daily Rate 200 225
Kitchen Use Fee Range 300-500 Range 300-500
The Conference Center provides a variety of rentals, rooms and services. The listed rates are for small conferences, seminars and educational trainings. Rates for banquets, receptions, fund raisers and festive occastions will be priced according to client requirements. Additionally, the Conference Center Administrator may provide promotional rates or discounts for multiple bookings.

COMMUNITY SERVICES DEPARTMENT
D. GRACE HUDSON MUSEUM & SUN HOUSE
Facility located at 431 S Main

1. Use Rates
Fee Category/Description Current Fees No Changes
Admission Rates
Child under 8 0 (with adult)
Youth ages 8-17 5
Student 18+ w/ ID 5
Adult 7
Senior 5
Family 15
School Rate per student 3
0 0
E. UKIAH MUNICIPAL POOLS USER FEES
Facility located at 591 Park Blvd.

1. Use Rates
Fee Category/Description Current Fees Proposed Fees
Public Swim Rates
Children 0-5 years old 5 - 10 5 - 10
Children 6-17 years old 5 - 10 5 - 10
Adults 18+ 5 - 10 5 - 10
Children 20 Pass Punch Card 100-140 120 - 200
Adult 20 Pass Punch Card 100-140 120 -200

2. Swim Lesson Rates
Fee Category/Description
Traditional Swim Lesson Program
2-week session 75-120 75-120
Other Aquatic Based Programs
Aqua fitness classes, clinics, camps, etc. 1-200 1-200

3. Private Facility Use
Use: A Private Pool Use includes exclusive use for both pools with lifeguards Fee Category/Description
2 - 4 hour period, exclusive use, 1 pool or 2 300 - 750 300 - 750 Primary Use: Open during the summer months for "drop-in" use during public swim hours. Programming includes swim lessons, trainings, Native American w/ Tribal ID
Active Military Personnel
Primary Use: Art museum with educational presentations, tours, workshops.

COMMUNITY SERVICES DEPARTMENT
F. RECREATION PROGRAMS AND SERVICES

1. Youth Sports Leagues
Qualifying participants can utilize the Youth Scholarship program for a reduced fee.

Fee Category/Description Current Fees Proposed Fees
Youth Sports Team Sponsor
Business Sposorship Fee 100-500 100-500
Girls Youth Softball
Individual Player Fee 60-100 100-150
Youth Basketball
Individual Player Fee 60-100 100-150
Other Sports
Individual Player Fee 20-100 40-100
F. RECREATION PROGRAMS AND SERVICES (continued)

2. Adult Sports League
Fee Category/Description Current Fees No Changes
Adult Sports Team Sponsor
Business Sposorship Fee 200-500/team
Adult & Co-ed Softball
Individual Player Fee 25-60
Adult Basketball
Individual Player Fee 25-60
3 on 3 Basketball League
Team Fee 50-200
Other Sports
Individual Player Fee 25-60
Other Sports
Team Fee 50-500

3. Classes and Recreation Fees
Fee Category/Description Current Fees No Changes
Contract Instructor Classes
Registration for one participant 0-1,000 per class
Clinics, Workshops, Trainings, Specialty Camps
Registration for one participant 0-500 per class
Recreation Guide Advertising Rates
1/8 page - full page 0-1,000

4. State Street Banner Program
Fee Category/Description Current Fees
State Street Banner
Banner Fee 200

COMMUNITY SERVICES DEPARTMENT
G. ATHLETIC FACILITIES AND SPORTS FIELDS

1. Athletic Fields
Ukiah Sports Complex
Facility located at 905 City Well Road, at River Street off Hwy 101 Fee Category/Description Current Fees No Changes
Field Use
One Field 150/day
Lighting for One Field 50/day
Refundable Deposit 1000
Other Park Locations with Athletic Field
Fee Category/Description Current Fees
Field Use
One Field 150/day
Lighting for One Field 50/day
Refundable Deposit 500
Amenities: 3 Softball Fields, Lighting, Concession Facilities and Restrooms Primary Use: Sports Leagues, Tournaments
Athletic Fields are used for a variety of functions such as tournaments, fundraisers, and league play. Facility use will be priced

Agenda Item No: 13.a.

MEETING DATE/TIME: 8/20/2025

ITEM NO: 2025-916

AGENDA SUMMARY REPORT
SUBJECT: Receive Report Regarding the Economic Development and Financing Corporation (EDFC); Consideration of Request for Funding from EDFC; and Authorize the City Manager to Negotiate and Execute Performance Agreement Between the City of Ukiah and EDFC in the Amount of $12,455.25 for FY 2025-26.

DEPARTMENT: Economic
Development PREPARED BY: Shannon Riley, Deputy City Manager PRESENTER: Shannon Riley, Deputy City Manager
ATTACHMENTS:

1. EDFC Annual Report FYE 24-25

2. EDFC Performance Agreement 24-25
Summary: The Council will receive the annual report from Economic Development and Financing Corporation (EDFC); consider request for funding from EDFC; and consider authorizing the City Manager to negotiate and execute Performance Agreement between the City of Ukiah and EDFC.

Background: The Economic Development and Financing Corporation (EDFC) is a non-profit, tax-exempt Community Development Financial Institution (CDFI), founded in 1995, that engages in economic development activity in Mendocino, Lake, and Sonoma Counties. EDFC was formed through a partnership between Mendocino County’s four incorporated cities and the County to coordinate and support economic development activity Mendocino County-wide--and has now expanded its business into Lake County and Sonoma County. (Services for Sonoma County are paid for through a service contract.) When EDFC was formed, an assessment formula was developed by the participating entities—50 cents per capita for the County and 75 cents per capita for cities. Based on Ukiah’s population of 16,607, the contribution for 2025-26 would be $12,455.25.

Discussion: Robert Gernert, Executive Director, will present EDFC’s year-to-date activities to the Council (Attachment 1). The 2024-25 agreement with EDFC is provided as Attachment 2. City of Ukiah Economic Development Staff monitors this agreement and serves on the EDFC board.

With the presentation of this year-to-date report, Staff has determined that EDFC has met the requirements of the 2024-25 performance agreement.

Council is asked to receive a brief presentation from EDFC and consider this request for funding in the amount of $12,455.25. If so desired, the Council may direct the City Manager to negotiate and execute a performance agreement with EDFC for the 2025-26 fiscal year.

Recommended Action: Receive report regarding the Economic Development and Financing Corporation (EDFC) and authorize the City Manager to negotiate and execute a Performance Agreement between the City of Ukiah and EDFC.

BUDGET AMENDMENT REQUIRED: No.

CURRENT BUDGET AMOUNT: 20012600.52100: $12,500

PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Economic Development and Financing Corporation STRATEGIC PLAN (SP):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP): GP-A2 - Economic Development Element

FY 24/25 ANNUAL REPORT
Economic Development & Financing Corporation
8/1/2025
“Connecting money and ideas with entrepreneurs in order to improve the social and/or economic conditions of underserved people, creating sustainable prosperity in Mendocino County and surrounding counties.”
320 South State Street, Ukiah, CA
707-234-5705
www.edfc.org
[email protected]
PREPARED BY Robert Gernert TITLE Executive Director DATE 8/1/2025 Attachment 1

TABLE OF CONTENTS
Executive Summary......................................................................................................................................................... 3 Financial Report ............................................................................................................................................................... 5 FY- 24/25 Accomplishments .......................................................................................................................................... 6 Community Impact ......................................................................................................................................................... 9

1. EXECUTIVE SUMMARY
Economic Development & Financing Corporation is a 501(c)3 organized corporation currently existing under the laws of Mendocino County in California. EDFC was established in 1995 and has since committed itself to specializing in providing Economic Development Services and Small Business Lending Products for distressed communities in Lake, Mendocino and Sonoma Counties. Over the last 6 years EDFC has focused its efforts on lending and technical assistance programs and in doing so has lent $ 7,557,629 to 55 local businesses. Of that capital 87% was lent into the “Investment Area Census Tracts” of economic distress (per CDFI) or lowIncome targeted populations in the geographies served. This funding has also resulted in creating 84 FTE jobs and retaining 176 FTE jobs in the local community.

In addition to providing small business loans and technical assistance, EDFC has also spearheaded additional initiatives, both internally and for the greater business community. These include a Direct Public Offering, Meat Processing Plant Studies, Bio-Char Facility Studies, involvement in Broadband projects, several grant programs throughout the COVID-19 pandemic and critical regional partnership meetings, summits and other gatherings to benefit the economic health of our local economy.

In FY-24/25, EDFC received the second round of the California Investment and Innovations grant for $428,571.42 in order to continue building capacity for the organization. The EDFC BOD and staff agreed to utilize the funding to bolster Loan Loss Reserves and solidify the creation of a privately funded Community Revolving Loan Fund. Loan Loss Reserves are anticipated to be a critical piece of the organization’s financial stability in the wake of economic uncertainty and changing political priorities. In the same vein, EDFC has seen traditional funding sources be in jeopardy during the current political climate and have previously avoided venturing into direct lending from public sources. The Community Revolving Loan Fund will be the organization’s way of allowing passionate public investors to make an impact locally with the donation being invested directly back to small businesses and living on in perpetuity to allow aspiring entrepreneurs to achieve funding that they could not access elsewhere. This Fund, although in its infancy, has also been invested in by all EDFC Board Members showing the Directors support of the mission and vision of EDFC into the future. EDFC also achieved recertification with the U.S. Treasury as a Community Development Financial institution, showing that after roughly 18 months of work to hone policy, procedure and appropriate Board composition, EDFC will continue to be a presence in Community Development alternative lending.

Staff have successfully expanded technical assistance and have been executing quarterly workshops to provide a deeper pool of options for educating and fostering the growth of the small businesses in Mendocino County, through the USDA Rural Business Development Grant. At current the activity associated with the grant has seen over 40 Individual businesses assisted, accounting for 300+ hours of technical assistance provided to the Mendocino County based businesses. EDFC staff prepared and submitted an additional grant application with the USDA RDBG program for the upcoming year in February 2025.

Continued community partnerships have been another major focus of the organization as rebranding efforts and events have been ongoing at Lake Mendocino through partnership with the Greater Ukiah Business and Tourism Alliance, strengthening throughout the fiscal year. Development Manager, Stacey Caico has continued to work diligently at ensuring EDFC stays relevant and top of mind for community partnerships, as well as attending various business group gatherings, chamber events and volunteering her time to serve at community events. Regional partnerships have been a continued priority to help ensure involvement of Mendocino County representation in regional initiatives. Although the local and national economy have continually hit with a variety of obstacles through most of the fiscal year, EDFC did well to turn focus inward to our current client business and maintain as much communication as possible to be a first line of assistance to struggling clientele.

In the continuing year-end report, you will find an annual financial report that provides insight into EDFC’s current financial position. Additionally, we have included a FY 24/25 Recap and our future plans. It is our hope that upon reading this report, you will gain a better understanding of what happened in the last fiscal year and the direction the corporation is heading in the future. “Festival of Light” at Lake Mendocino on May 23rd, 2025. Over 1,000 community members participated to launch paper lanterns, individuals decorated their lanterns to honor loved ones, remember those who have passed on or simply send out a message of hope. EDFC participated in planning and logistics to see this community gathering event become a reality.

2. ANNUAL FINANCIAL REPORT
INCOME STATEMENT FY-24/25 FY-23/24 FY-22/23

REVENUE
Grant Revenue (Restricted & Unrestricted $438,571 $213,000 $285,431 Local Gov’t Support 17,455 22,455 76,902
Interest Income-Loans 270,541 251,563 230,238
Other Income $ 26,259 $ 26,013 $ 63,036
TOTAL REVENUE $752,827 $513,032 $655,607

OPERATING EXPENSES
Wage Expense $183,600 $197,670 $206,458
Employee Benefits 18,188 14,430 14,7001
Rent 17,100 18,525 12,905
Audit Fees 9,000 8,100 8,100
Interest Expense 28,180 22,468 25,523
All Other Expenses 54,291 $54,291 $167,917
TOTAL EXPENSES $359,967 $315,485 $435,604
NET REVENUE $392,860 $197,546 $220,003
BALANCE SHEET FY-24/25 FY-23/24 FY- 22/23
ASSETS
Current Assets $6,809,209 $6,382,445 $5,993,972
Fixed Assets 19,984 49,102 31,473
Other Assets 3,365 1,580 1,580
TOTAL ASSETS $6,832,556 $6,433,127 $6,027,025

LIABILITIES AND EQUITY
Current Liabilities $227,212 $142,297 $348,923
Long Term Liabilities 1,638,567 1,658,155 1,615,516
Total Liabilities $1,879,440 $1,800,452 $1,964,554
Total Equity $4,953,115 $4,632,675 $4,062,471
• *A majority of grant funds acquired were designated for direct lending activity*

3. FY 23/24 ACCOMPLISHMENTS
NEW HOME FOR EDFC!!!!
In January of 2025, as the lease expired on our previous office space EDFC was able to find space in the historic Carnegie Library building constructed in 1914. Located at 320 South State Street, Downtown Ukiah.

The move was quite an undertaking for staff, but the quality-of-life improvements and location were undeniable. The space has provided room for growth, expanded workshop capacity and a higher level of professional presentation to the services offered. In March, EDFC held a Chamber Mixer and ribbon cutting event to celebrate this new location that brought together Board Members, past staff, business owners and interest parties alike.

CDFI RECERTIFICATION COMPLETED
The organization received approval from the U.S. Treasury Department on its application to maintain its Certification as a Community Development Financial Institution, this will keep the availability of critical future funding. This Certification reinforces EDFC’s commitment to the mission of assisting business owners in Mendocino, Lake and Sonoma Counties in the most distressed areas of need. The staff worked in tandem with Friedman & Associates consultants to spearhead structural changes in the organization as well as policy and procedural updates to maintain a high level of accountability in its lending practices.

OPERATIONAL UPDATES
EDFC had its annual meeting in October of 2024, electing new officers and seeing new board chair, Pamela Patterson outlined her plans for the next three years; a focus on Board of Directors composition and engagement, create a working donations program, and connect better with the Spanish speaking population of business owners. Additionally, the annual meeting accomplished the amendment and revision of the organizations Bylaws, adoption of a Community Development Strategy and the move to initiate a more advantageous banking relationship at Saving Bank of Mendocino County.

During the fiscal year continued emphasis on operating efficiencies has been ongoing, EDFC has nearly completed a full transition to new loan processing software to better serve its clients, continued development and improvements to the website, along with identifying policy needs for keeping the organization current with internal procedure.

OUTREACH & COMMUNITY ENGAGEMENT
The organization has made great progress in community outreach and engagement throughout the fiscal year. Development Manager, Stacey Caico, keeps a finger on the pulse of things happening throughout Mendocino and Lake County with a resolve to see EDFC involved in a timely, impactful manner.

During FY-24/25, EDFC continued its growth in participation of a variety of outreach efforts including event volunteering, direct business outreach, community collaborations, regional partnerships and local sponsorships.

Regionally, Stacey has continued working with R.I.S.E. to maintain a steady voice and involvement of Mendocino County representation, playing a valuable role in reviewing regional project proposals for receipt of initial grant funding from the State program. EDFC staff continue to focus on making a greater impact in Lake County as well as vital partnerships at Lake EDC and CDS in Kelseyville.

EDFC Director, Robert Gernert, continues to volunteer time at workshops and events spanning both counties to teach various subject matter courses in relation to accessing capital, preparing for financing and financial literacy. Robert has continued a push for bridging the educational gap in business owners locally by maintaining relationships with Business Instructors at Mendocino College and looks to further discussion on how to participate more actively in the future generations of business owners. EDFC in its partnership with GUBTA and the Army Corps of Engineers is to revitalize, rebrand and uplift the Lake Mendocino tourism, together held an event in October 2024 to unveil the new branding for the Lake. The continued involvement in the group initiative has brought an avenue of commerce to the Lake site by way of water equipment rentals as well. Most rewarding of this group was a large-scale event held for the Festival of Lights which had over 1000 people sign up to participate in the event.

EDFC as an organization has maintained a strong community presence, becoming a more recognized name for business support and a trusted partner with local community driven organizations.

CURRENT PROGRAMS
The loan program currently has provided a strong financial foundation and continues to provide most of the operating income for the organization. From FY-23/24 to FY-24/25, EDFC has increased its interest income from loans by 8% year over year and 15% for FY 21/22. This enables the organization to maintain its financial stability through economic uncertainty at a federal level. FY-24/25 saw an upswing in lending activity from the previous year, closing 7 loans, deploying $844,625 in additional capital. This resulted in creating and/or retaining 35 FTE jobs in the community. The loan program has rebounded solidly through the fiscal year and the most present issue at hand will be EDFC’s ability to continue lending at the elevated rate.

The USDA RDBG technical assistance grant has been an added value to clients and the organization collectively, allowing for more in-depth assistance to clients while providing a steady stream of income for the organization. The grant has also built on the partnership with Community Development Services who fulfill contractual technical assistance provision as well as grant application assistance and credibility with their lengthy history in the program. EDFC completed an additional application in February 2025 to continue to provide the support and income stream into the future. As stated previously, the activity associated with the grant has seen over 40 Individual businesses assisted, accounting for 300+ hours of technical assistance provided to the Mendocino County based businesses.

ON TO FY-25/26……
As EDFC looks to the Fiscal Year ahead, discussions have taken place and priorities set to achieve:
- Continued Improvement on Efficiencies, Policy and Procedures: Full conversion to new loan servicing software with Downhome Solutions. Renew focus on HR policies to ensure the organization is up to date with all necessary requirements.
- Quarterly Workshops: Continue to identify topically relevant material that will enrich the knowledge of local business owners and provide a layer of content that is unique to the organization. - Continued Collaboration: Partnerships and collaboration are not one and done events or meeting, its actively fostering these business functions to maintain solid trusting interactions with our community partners.
- School of Adaptive Agriculture: Conversations are ongoing in regard to assisting the SAA to administer funds by way of loans to entrepreneurial farmers through donations given to the SAA.

EDFC would look to provide structural support to that program. - Community Revolving Loan Fund: To further achieve goals put in place by Board Chair, Pamela Patterson, on the development, marketing and soliciting the Community Funded program. The fund has been seeded by EDFC and its Board of Directors, this fiscal year will look to achieve a full launch publicly of the fund.
- Commitment to EDFC Clients: Business and commerce nationally and locally has been changing rapidly as of recent years, it will be of the utmost importance to maintain communication, support and sustainability to the clients EDFC already has.

4. Community Impact
Noyo Theater- Jim Devine and Michelle Hutchins are the newest owners of the historic 1940 built Noyo Theater. The pair spent months planning, training and strategizing on what ownership of the business would look like and how to maintain the 650 seat offering to the Willits community. Previous owners Jeff & Louis Hooverhad been in ownership since 2012 and pleased to see the business stay intact as a theater for years to come.

Jim and Michelle have a clear mission “to preserve the historic Noyo Theater, enhance its cultural significance, and create a thriving entertainment hub by leveraging community partnerships, diversifying revenue streams, and embracing innovation.”

Princess Seafood Market & Deli, LLC- In late August of 2024 an electrical fire broke out in the business doing substantial damage to the kitchen, dining area and several pieces of equipment. The resilience and commitment of the business owners, Heather and Wendy, was clear as they were open with limited service by the weekend. With the news of the fire traveling around the community, EDFC reached out to the owners to see if the organization could provide funding by way of a disaster response loan. The business was able to achieve financing and get business back moving with minimal interruptions while insurance proceedings were ongoing.

Essential Fleet Services, LLC- EFS LLC was started in March of 2023 by Danette & Joe Rego. Joe having 40 years in the industry, knew Mendocino County needed a fleet vehicle service and maintenance provider for companies such as AT&T, UPS, FED EX and Caltrans. Previously these fleet vehicles had to often go out of county to receive the regular maintenance and fixes needed. EFS is committed to exceptional service in vehicle repair and maintenance as well as expanded to UHAUL services and a custom machine shop.

Images By Mathew- Mathew Elieh is a passionate photographer with over 30 years of experience in the industry. Mathew received a majority of his training and work experience in the Bay Area, serving in various roles. He decided to make a move north during the pandemic and since then Mathew started his own photography business and has been working diligently to provide services to the community and grow the business. Part of that growth comes by way of EDFC funding an expansion of the business into custom framing that is difficult to find in the area. Mathew received funding in May 2025 from EDFC after working collaboratively with CDS on business planning and marketing. EDFC looks forward to what Mathew can achieve with the expanded offerings.

PERFORMANCE AGREEMENT
between the

CITY OF UKIAH
and the

ECONOMIC DEVELOPMENT AND FINANCING CORPORATON
COU No. 2425-090
This Agreement is made and entered on July 1, 2024 between the City of Ukiah, a California general law municipal corporation, herein called "City," and the Economic Development and Financing Corporation (EDFC), a California not-for-profit corporation formed pursuant to and in compliance with the laws of the State of California, herein called "EDFC." Individually, EDFC and City may be referred to in this Agreement as a "Party," and collectively as "the Parties."

RECITALS

1. The City is desirous of creating a vital economic development climate through collaborative projects and the promotion of locally owned and operated small businesses.

2. EDFC is organized to provide assistance to individuals and small business owners by coordinating economic development activities in Mendocino County and in particular, the City of Ukiah, for the purpose of creating, expanding or retaining businesses. EDFC has expertise in economic development and in securing financing in the form of loans, grants, capital and venture capital funding, to assist with the development, expansion and/or retention of businesses.

3. EDFC was created in 1995 by the County of Mendocino and its incorporated cities in order to facilitate a countywide approach to economic development. At that time, a formula was developed for funding, whereby each city would pay 75 cents per capita per year and the County would pay 50 cents per capita per year. This formula, however, is not binding; compensation may also be based on performance of the agreed-upon scope of services and other terms outlined in this Agreement.

NOW, THEREFORE, in consideration of the above-recited facts and terms and conditions stated below, the Parties agree as follows:

A. TERM
This Agreement shall be effective from July 1, 2024 and shall terminate on June 30, 2025.

B. SCOPE OF SERVICES
EDFC shall perform the Scope of Services set forth in Exhibit A.

C. RECORDS, REPORTS AND ACCOUNTABILITY
EDFC shall maintain a bookkeeping system and books of account in accordance with generally accepted accounting principles consistently applied, which outline the accounting and utilization of City funds paid to the EDFC for services defined in this agreement. City shall have access to said books of account during regular business hours for purposes of inspection and audit. EDFC shall fully cooperate with the City and its agents and accountants during any such inspection and audit, including, but not limited to, making its employees, accountants, bookkeepers, or officials available to provide any requested information or documents. As stated in the Scope of Services in Exhibit A, EDFC shall furnish detailed annual reports by June 1, 2025.

Performance Agreement.EDFC-City of Ukiah FY 2024-25
Attachment 2

2 Performance Agreement. EDFC- City of Ukiah FY 2024- 25 D. FINANCIAL COMPENSATION BY CITY
In consideration of the EDFC’ s performance of the above services, and under the terms of this Agreement, the City shall pay the EDFC the sum of Eleven thousand, nine- hundred eighty- two dollars and seventy- five cents ($ 12,455.25) for fiscal year 2023- 24 in order for the EDFC to accomplish the specific scope of work identified in Exhibit A. This sum of money shall constitute the entirety of City's financial contribution to the EDFC during the effective dates of this Agreement.

The compensation provided in this paragraph shall be paid to EDFC in installments as follows:

Terms of Payment. Payment to EDFC for services rendered in accordance with this contract shall be based upon submission of annual invoices for the work satisfactorily performed prior to the date of the invoice, which amounts shall be due and payable thirty ( 30) days after receipt by the City. The invoices shall be accompanied with a description of work performed on behalf of the City. Invoices shall be accompanied by documentation sufficient to enable the City to determine progress made.

E. INSURANCE AND INDEMNIFICATION
During the term of this Agreement, the EDFC agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all claims, losses, defense costs, or liability of any kind or nature which the City, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the EDFC’ s performance under the terms of this Agreement, excepting only liability arising out of the sole and active negligence of the City.

Without limiting the EDFC’ s indemnification, it is agreed that the EDFC shall maintain in force at all times during the performance of this Agreement, the following policy or policies of insurance summarized below and fully detailed in Exhibit A approved by the City and issued by admitted California insurers approved by the City covering its operations:

1. Comprehensive General Liability, including contractual liability, products, and completed operations and business automotive liability, all of which shall include coverage for both bodily injury and property damage with a combined single limit of One Million Dollars ($ 1,000,000).

2. Worker' s Compensation coverage at statutory limits.

The certificates of insurance and endorsements shall be completed to the satisfaction of the City.

Should the EDFC fail to comply with this paragraph then, the City shall have the right to immediately terminate this Agreement without further notice to EDFC.

F. RELATIONSHIP BETWEEN EDFC AND CITY
Nothing in this Agreement shall be construed as making the EDFC or any of its employees or representatives, the agent or employee of the City for any purpose, or any employee of the City an employee of the EDFC or creating between the City and the EDFC the relationship of legal partners or joint ventures. It is understood that the contractual relationship of the EDFC to the City is that of an independent contractor.

The key contact person involved in the implementation and administration of this Agreement with EDFC will be Robert Gernert, Executive Director of EDFC, or his designee. The key contact person for City of Ukiah will be Sage Sangiacomo, City Manager, or his designee.

Twelve thousand, four hundred, fifty-five dollars and twenty five cents

3 Performance Agreement. EDFC- City of Ukiah FY 2024- 25 G. TERMINATION FOR NON-PERFORMANCE
If any Party to this Agreement breaches any provision thereof, then the other Party may give the defaulting Party a notice to remedy such violation within thirty (30) days. The other Party may terminate the Agreement: ( a) if such violation is not remedied within said 30 days; or (b) if the breach cannot be remedied within such time period.

Should this contract be terminated for breach on the part of the EDFC, in addition to any other remedies or compensation to which the City may be entitled, EDFC shall not be entitled to any further installment payments not yet paid at the time of breach.

A waiver by either Party of performance of any provision of this Agreement shall not amount to a future waiver of the strict performance of such provisions or of any other provision of this Agreement.

H. NON- PERFORMANCE DUE TO CONDITION BEYOND CONTROL OF PARTIES If either Party is unable to perform its obligations under this Agreement due to conditions beyond its reasonable control, such as, but not limited to, changes in local, state, or federal laws or regulations arising from legislative changes, judicial interpretations of existing law, vote by the citizens of Ukiah, or administrative action, and not due to the fault or neglect of any Party, such failure to perform shall not be deemed a violation of this Agreement provided the Party whose performance is so prevented performs its obligation as soon as practicable after the occurrence of the event preventing performance under this Agreement. Such Party shall use reasonable diligence to put itself again in a position to carry out its obligations hereunder, and in the event such Party does not or cannot within a reasonable time put itself again in a position to do so, the other Party may, at its option, terminate this Agreement.

I. MISCELLANEOUS PROVISIONS

1. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver or modification of the Agreement or of any covenant, condition, or limitations herein contained shall be valid unless in writing and duly executed by the Party to be charged therewith.

Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in a proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any Party hereunder, unless such waiver or modification is in writing and duly executed. The provisions of this paragraph may not be waived, except as herein set forth.

2. SEVERABILITY
In the event any section, subsection, provision, or clause of this Agreement or any combination thereof is found to be unenforceable at law, inequity, or under any presently existing or hereafter enacted legislation, regulation, or order of the United States, any state or subdivision thereof or any municipality, those findings shall not in any way affect the other sections, subsections, provisions, or clauses of this Agreement, which shall continue in full force and effect, and the unenforceable provisions shall be interpreted in a manner that imposes the maximum restriction or obligation permitted by applicable law.

Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.

4 Performance Agreement. EDFC- City of Ukiah FY 2024- 25

3. NOTICE
Whenever notice is permitted or required by this Agreement, it shall be deemed given when deposited in the U.S. Mail with proper first-class postage affixed thereto and addressed or personally delivered to:

City of Ukiah Economic Development & Financing Corporation Attention: Sage Sangiacomo Attn: Robert Gernert
300 Seminary Ave. 208 B South Oak St.

Ukiah, CA 95482 Ukiah, CA. 95482

4. DUPLICATE ORIGINALS
This Agreement may be executed in one or more duplicate originals, each bearing the original signatures of the parties. When so executed, each such duplicate original shall be admissible to establish the existence and terms of this Agreement.

5. AUTHORITY
The parties hereto acknowledge that they have the authority to execute this Agreement on behalf of the entity that they represent as herein set forth below.

6. GOVERNING LAW AND JURISDICTION
The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. All legal actions arising under this Agreement shall be filed in the California state courts in Mendocino County, which shall have jurisdiction and venue over any such actions or proceedings.

7. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either, oral or in writing, between the parties hereto with respect to the terms and conditions contained herein, and contains all of the covenants and agreements between the parties with respect to this Agreement in any manner whatsoever. Each Party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no other agreements, statement, or promise not contained in this agreement shall be valid or binding.

8. PLAIN MEANING
This Agreement shall be interpreted in accordance with its plain meaning, neither for nor against any Party.

9. HEADINGS AND CONTEXT
The headings of this Agreement are inserted for convenience only and do not define, limit or extend the scope or intent of this agreement or any provision thereof. When the context permits, a word or phrase used in the singular means the plural and when used in any gender, its meaning also includes all genders.

10. MERGER
This Agreement constitutes the entire understanding between the parties as to the terms and conditions contained herein, all previous understandings being merged herein.

5 Performance Agreement. EDFC- City of Ukiah FY 2024- 25

11. ADEQUATE ASSURANCES
Each Party shall execute, acknowledge and deliver such additional documents, writings or assurances as the other may periodically require so as to give full force and effect to the terms and provisions of this Agreement.

12. CONSTRUCTION OF AGREEMENT
This Agreement has been reviewed by separate counsel for both parties. Any ambiguity existing in this Agreement shall not be construed against either Party as the drafter of this Agreement.

13. TIME
Time is of the essence of this Agreement.

Acknowledgement:

IN WITNESS WHEREOF, this Agreement is executed by the City of Ukiah and the EDFC, by their duly authorized representatives, on the Effective Date.

CITY OF UKIAH ECONOMIC DEVELOPMENT &

FINANCING CORPORATION
By: _______________________ By: _______________________ Sage Sangiacomo, City Manager
Robert Gernert, Executive Director
ATTEST:_______________________________________
Kristine Lawler, City Clerk
Kristine Lawler (Sep 24, 2024 07:36 PDT)
Kristine Lawler

6 Performance Agreement. EDFC- City of Ukiah FY 2024- 25

EXHIBIT A

ECONOMIC DEVELOPMENT & FINANCING CORPORATION

SCOPE OF SERVICES
Contractor shall provide the following services:

1. Assist the City during the term of this agreement with support and coordination of economic development activities that encourage job retention, business expansion and business relocation within and to the City of Ukiah by coordinating activities with the County of Mendocino, tribal governments, Workforce Alliance of the North Bay, West Business Development Center/ Mendocino SBDC, Sonoma Mendocino Economic Development District, and the Greater Ukiah Business and Tourism Alliance.

Performance Indicators
Provide key collateral in Spanish and procure translation services as necessary to more effectively reach the LatinX business community.

Update the EDFC website, and work to provide current economic and demographic data for the Ukiah area on the site.

On a quarterly basis, make site visits to Ukiah- area businesses to share program info and determine needs, possibly in conjunction with other organization( s).

Update and continue to distribute the Resource Guide.

2. Provide services and programming as the local Community Development Financial Institution CDFI).

3. Assist with locating grant funding, loans, private and public capital, and venture capital funds to support Ukiah businesses and the City of Ukiah. Of particular interest are grants and low-interest loans that would assist with façade improvements and code-required improvements ( seismic retrofits, fire sprinklers, ADA improvements, etc.).

Performance Indicators
In the year- end report, detail the number of businesses assisted and the total amount of funds awarded to EDFC in the contract year that support economic development activities in the Greater Ukiah Valley.

4. Meet as needed with the City of Ukiah Business Liaison and inform the Liaison ( by phone or email) when assistance is either requested by or provided to a business within the Ukiah city limits.

Performance Indicator
Contact Business Liaison as required.

5. Communicate activities, service delivery, and fiscal reports to the City.

Performance Indicator
Submit a detailed annual report to the City Staff and City Council regarding activities and services during contract period and including the work plan for the up-coming year.

Agenda Item No: 13.b.

MEETING DATE/TIME: 8/20/2025

ITEM NO: 2025-924

AGENDA SUMMARY REPORT
SUBJECT: Receive Report on the Emergency Contract Assigned to Diamond D Construction for the Emergency Repair of the Western Hills Mudslide at the City Water Tank PZ-1 and Terminate the Emergency Action.

DEPARTMENT: Water Resources PREPARED BY:

Sean White, Water Resources Director, Traci Boyl,
Senior Management Analyst, Darcy Vaughn,
Assistant City Attorney
PRESENTER: Sage Sangiacomo, City Manager
ATTACHMENTS:

1. Resolution 2025-08 - Emergency Procurement for Mudslide at PZ1

2. Diamond D Estimate for PZ1

3. Purchase Order for Diamond D Slide

4. Slide Pictures
Summary: Council will receive a status report on the contract with Diamond D Construction for the emergency repair of the Western Hills mudslide at the City water tank and consider terminating the emergency action.

Background: During the major rain event on February 4-5, a mudslide occurred in the western hills, settling at the base of a City water tank referred to at Pressure Zone 1-North (PZ1-N). Due to the muddy conditions, slope of the hillside, and specialized nature of the repairs, City crews determined that a professional contractor would be required to perform the work. Additionally, significant rain was forecast for the following days, causing concern that the water tank and hillside would potentially be compromised if emergency repairs did not commence immediately.

On February 19, 2025, City Council approved by unanimous vote a Resolution approving the procurement without public bidding of construction services to repair the mudslide at the City water tank in the western hills (Attachment 1).

Discussion: Staff worked with the Procurement Department to assess availability and obtain proposals from local contractors. Diamond D Construction was available to begin immediately and was determined to be qualified to do the work (Attachments 2 and 3).

Work to temporarily remediate the site began on February 7th and was completed on February 12th. Work involved removing material at the toe of the slope that had built up against the tank and removing material perched immediately above the tank. Due to the extremely wet condition of the site, only material within the reach of an excavator could be graded or removed. A small ditch was also cut in the hillside above the tank to redirect runoff.

The slide area was then tarped to protect it from rainfall. City Staff also added jute netting to other portions of the site to further protect the hillside. See Attachment 4 for pictures of remediation efforts.

Diamond D Construction is no longer in business. Therefore, staff will need to start the process of procuring a new contractor to complete the work initially outlined in the scope of work for the emergency contract.

In addition, staff will evaluate site conditions and provide an assessment of whether additional mitigation measures are necessary to prevent future storm damage.

Staff requests that Council terminate the emergency action as required by Public Contracts Code Section 22050(c)(1)(3), as conditions warrant that the remainder of the emergency action may be completed by giving notice for contract bids.

Recommended Action: Receive report on the emergency contract assigned to Diamond D Construction for the emergency repair of the Western Hills mudslide at the City water tank PZ1-N and terminate the emergency action.

BUDGET AMENDMENT REQUIRED: TBD
CURRENT BUDGET AMOUNT:

PROPOSED BUDGET AMOUNT:

FINANCING SOURCE: Water Fund; 82027113-80230-18234
REVENUE: YES / No GRANT: YES / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 48757-00
COORDINATED WITH: Sage Sangiacomo, City Manager; Sean White, Water Resources Director STRATEGIC PLAN (SP):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

Attachment 1

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Attachment 4

Agenda Item No: 14.a.

MEETING DATE/TIME: 8/20/2025

ITEM NO: 2025-395

AGENDA SUMMARY REPORT
SUBJECT: Approve a Public Private Partnership to (1) Design/Build the Grant-Funded Ukiah Gigabit Fiber Project for a Not to Exceed Amount of $3,277,654, and (2) Lease, Operate, and Maintain the City's Fiber Optic Network for a 35-Year Term; and Authorize the City Manager to Negotiate and Execute the Agreement.

DEPARTMENT: Community
Development PREPARED BY: Andrea Trincado, Grants Manager PRESENTER: Andrea Trincado, Project and Grants
Administrator
ATTACHMENTS:

1. FFA Grant Award Letter for the Ukiah Gigabit Fiber Project

2. RFP Ukiah Gigabit Fiber Project w Addenda

3. Ukiah Gigabit Fiber Project Proposal - Vero Fiber

4. Public-Private Partnership, Design/Build, and Fiber Lease Agreement Between the City of Ukiah and Vero Fiber Networks, LLC

5. 14a Ukiah_Gigabit_Fiber_Project_CCPresentation_08-20-25 Summary: Council will consider approval of a Public-Private Partnership agreement with Vero Fiber Networks, LLC, to design and construct the grant-funded Ukiah Gigabit Fiber Project for a not-to-exceed amount of $3,277,654, and upon completion, lease, operate, and maintain the City's fiber optic network for a 35-year term to serve an estimated 1,700 locations with high-speed internet (lit) services, including 375 currently unserved locations, and 14 City facilities.

Background: The City of Ukiah has long recognized a critical need for robust broadband infrastructure to support economic development, enhance public services, and improve digital equity for residents and businesses. The lack of affordable, high-speed internet access has posed challenges for local businesses, educational and civic institutions, and residents, particularly those in underserved areas.

To address this need, the City pursued and was awarded a Local Agency Technical Assistance (LATA) grant that funded work by a consultant (Magellan/Entrust) to prepare a Broadband Master Plan, initial design of a network, and preparation of a Request for Proposals (RFP) to seek a qualified Internet Service Provider (ISP) to partner with the City to pursue grant opportunities to build the network, and operate and maintain it, in exchange for a long term lease to use the system. The City issued an RFP in the summer of 2023 and received three responses. The proposals were scored, and a prospective partner was selected as the most qualified ISP to work with the City to improve broadband services in Ukiah. Partnership negotiations and the development of a Public Private Partnership Agreement followed.

Concurrently, City staff, the City's broadband consultant, and the prospective partner then collaborated to apply for a CPUC Federal Funding Account (FFA) Last Mile grant to construct the proposed network. The objective of the FFA Last Mile program is to close the digital divide by funding projects that connect unserved or underserved locations with wired internet technology. Under CPUC definitions, unserved locations are those receiving less than 25 megabits per second (Mbps) download and 3 Mbps upload speeds, while underserved locations receive between the unserved threshold and less than 100 Mbps download/25 Mbps upload. The proposed project will connect 375 households that meet these criteria. The CPUC also

incentivized public-private partnerships by giving a competitive advantage to projects where City applicants partnered with private ISPs.

In April 2025, the initial prospective partner withdrew from the project. Staff promptly prepared a subsequent Request for Proposals to select a new partner for the full scope of work. The RFP was released for 30 days, with three competitive proposals received by the due date of July 25, 2025. An evaluation committee reviewed and scored the proposals, with Vero Fiber Networks, LLC, ultimately selected as the most qualified prospective partner to design, build, operate, and maintain the city-owned network for a 35-year lease term.

Founded in 2017, Vero Fiber Networks operates in eight western states, providing high-speed broadband services through both grant-funded and privately financed projects. They have successfully completed other broadband builds of a similar size and scope, and are currently constructing an FFA Last Mile-funded network in Arcata Bay. That project, which parallels the proposed Ukiah build in both scale and schedule, gives Vero active, hands-on experience with CPUC construction processes and grant reporting requirements.

For the Ukiah project, Vero will work with their subsidiary, Glass Roots Fiber, along with various subcontractors, to complete different aspects of the work. Their in-house design team will prepare the plans and specifications, ensuring the project meets technical and schedule requirements. Vero has built a strong reputation for responsive, high-quality customer service, which complements their competitively priced broadband offerings—ranging from a low-cost option for eligible customers at $39.95/month to tiered plans from 300 Mbps for $49.95/month up to 2.3 Gbps for $129.95/month.

In addition to the proposed grant-funded network connecting unserved and underserved households, Vero plans to invest in a phased, privately funded expansion to serve additional areas of Ukiah and the surrounding community. Phase 2 would target approximately 4,700 additional households, representing a long-term private investment of more than $10 million. This community-wide expansion will further advance the City’s digital equity goals by bringing high-speed broadband access to a broader share of residents.

Public Private Partnerships to develop municipal improvements are authorized by Government Code Section 5956-5956.10 for revenue-generating improvements from which a private company can recoup its investment in developing the improvements together with a reasonable profit. The private partner can be selected using a process of competitive negotiations and, pursuant to Section 5956.5, are exempt from the procurement and contracting requirements that generally apply to the construction of public works projects under the Public Contract Code. The Public Private Partnership statutes impose requirements to ensure that the private partner is limited to recovering its investment and only a reasonable profit. These sections limit the term of a lease of the Project to 35-years, during which the private partner may collect a fee for their services to recoup their initial investment and a reasonable rate of return on that investment. Apart from statutory requirements, City staff and Vero agree that the system will remain available to other ISPs through an “open network” in which other companies can sublease dark fibers for a reasonable fee. The nature of this arrangement provides a mutual benefit that negates the need for competitive bidding, as the private partner is already sharing in the cost of the project. With costs being shared, cost efficiency concerns are addressed.

It's important to note that there are two significant risks to the City, if the City Council approves the recommended action: (1) The PUC grant requires construction of the Project to be completed by October 28, 2026, regardless of the reasons preventing timely completion; and (2) with the design-build approach, final cost estimates are unknown until the design is complete. Under the terms of the grant, if the project is not completed by October 28, 2026, the PUC can withhold any grant funds not yet disbursed and can seek to recover some or all of the disbursed funds. The agreement allows the contractor to request time extensions for unavoidable delays (i.e., delays caused by circumstances beyond the contractor's control). If the delay is caused by the contractor, the agreement requires the contractor to indemnify and defend the City for any liability to the PUC, but if the contractor is entitled to a time extension, the City bears that risk alone.

The grant reimbursements can be submitted at the following project completion milestones: 10%, 35%, 60%, 85%, and 100%. Vero and City Staff will work diligently to complete this project in a timely manner and plan

the sequence of work in a way that mitigates any potential losses through reimbursements. The construction completion deadline is October 23rd, 2026, with final expenditures no later than December 31, 2026.

To address the problem that the full Project cost is unknown until design is complete, the agreement will allow either party to opt-out of the project at the conclusion of the design phase if final estimated costs exceed available funding.

Discussion: Staff seeks Council approval to enter a Public Private Partnership, Design/Build, and Lease Agreement under which Vero will (1) Design and build the network for an amount not to exceed $3,277,654, and provide matching funding to install customer drops and equipment; and (2) Operate and maintain the system at its expense for a 35-year term. In exchange, the City would receive:
• Complimentary lit high-speed internet at the Civic Center/Fire Central Station (located in the same building) at 20GB symmetric internet speeds. The lit service will come into a hub at the Civic Center, which will act as Vero Fiber’s operational control room. The City's IT Department will then distribute internet service to 13 other interconnected City facilities. • Customer drops to 14 City Facilities, including 1) Civic Center/Fire Central Station; 2) Airport; 3) Civic Center Annex; 4) Ukiah Valley Conference Center; 5) Corporation Yard; 6: Electric Service Center; 7) Fire Station North #683; 8) Fire Station South #681; 9) Grace Hudson Museum; 10) Low Gap Electrical Switch Yard; 11) Customer Service Center Building (formerly, the Bank of America building); 12) Orchard Electrical Substation; 13) Wastewater Treatment Plant; and 14) Water Treatment Plant. • A City-owned backbone network built with 288 strands of fiber. The City will lease 240 strands to Vero Fiber for their use and retain 48 for the City’s exclusive use. A strand of fiber can be split to serve multiple facilities, and 48-fiber strands should be more than sufficient for the City’s future needs.

Subscriber-Based Fees:
• Vero Fiber will pay the City a base annual lease fee starting at $12,000 once it reaches 800 subscribers within Ukiah.
• This fee increases by $1,500 for each additional block of 100 subscribers, providing scalable revenue that grows with Vero Fiber’s customer base. This fee structure incentivizes Vero Fiber to expand its services in Ukiah while offering the City a small amount of revenue tied directly to the network’s success. This revenue, combined with the cost savings realized from the complementary broadband services (currently estimated at approximately $50,000 per year) will offset the City’s operating costs and provide significant long-term savings for the City. • Proportional Revenue Adjustment with Rate Increases. As Vero Fiber adjusts its rates, the lease fees will increase proportionally. For example, if Vero raises its rates by 10%, the base and incremental fees paid to the City would also rise by 10%.
• Vero Fiber will operate and maintain the network and provide customer service and billing at its expense.

This Public-Private Partnership Agreement represents a strategic collaboration between the City of Ukiah and Vero Fiber Networks, LLC, to leverage City-owned assets to provide both immediate and long-term benefits for the community. The partnership enables affordable, high-speed internet access across Ukiah, supports public services, and contributes to Ukiah’s long-term economic and digital development goals.

The community and economic development benefits include:
• Affordable residential high-speed internet services offered at competitive pricing and speeds.

• High-speed internet access to underserved parts of Ukiah, promoting digital equity and improving residents' access to remote education, healthcare, and employment opportunities. This expanded access is essential for supporting modern digital needs and fostering inclusive growth within the community.
• An incentive for attracting more technology-driven businesses. Companies requiring reliable, highspeed connectivity will find Ukiah appealing, bringing the potential for job creation, economic growth, and diversification of the local economy, especially as it relates to businesses that require robust broadband services.
• Advancing the City's vision of a connected, resilient community. The Dark Fiber Network supports smart city initiatives, laying the groundwork for future projects that provide community improvements through technological integrations to enhance residents’ quality of life. Fiber optic infrastructure is designed to adapt to changing demands, ensuring Ukiah remains prepared for future connectivity needs and technological advancements.
• Cost savings and potential future revenue. Although it is difficult to compare the value of services because of the significantly improved speeds and capabilities of the proposed fiber optic network, it is anticipated that, once commissioned, the City will save an estimated $55,000 per year starting in year one by replacing current internet services. After Vero Fiber reaches the 800-subscriber threshold, the City will collect an additional $12,000 per year, with an additional $1,500 for every 100 subscribers thereafter. Over the 35-year term of the agreement, cost savings and revenue will amount to a multimillion-dollar benefit to the City.
• Leveraging grant funding to bring a new ISP into Ukiah's broadband market, providing Ukiah residents and businesses with more options for internet services.

Attached for Council's review are:
• Attachment 1 - FFA Grant Award Letter for the Ukiah Gigabit Fiber Project • Attachment 2 – City of Ukiah Request for Proposals for a Public-Private Partnership • Attachment 3 - Vero Fiber Network’s Proposal
• Attachment 4 – Public-Private Partnership, Design/Build, and Fiber Lease Agreement Between the City of Ukiah and Vero Fiber Networks, LLC
The City sought proposals from qualified firms interested in the Ukiah Gigabit Fiber Project Partnership. The City aimed to obtain the most efficient and effective broadband infrastructure solutions through a partnership that ensures reliable service, long-term sustainability, and protection of public investment. A Request for Proposal (RFP) (Attachment 2) for the Ukiah Gigabit Fiber Project was released on June 25, 2025, with a due date of July 25, 2025. The City received three proposals in response. After a thorough evaluation process, including a review of each firm's capabilities, reputation, and proposed solutions, Staff recommends moving forward with Vero Fiber based on independent scoring conducted by the City's evaluation team. See Attachment 3 for proposal submitted by Vero Fiber.

Staff is seeking Council's approval of a Public Private Partnership, Design/Build, and Fiber Lease Agreement between the City of Ukiah and Vero Fiber Networks, L.L.C., and authorization for the City Manager to negotiate and execute the agreement.

Recommended Action: Approve a Public Private Partnership Agreement with Vero Fiber Networks, LLC, to (1) design/build the grant-funded Ukiah Gigabit Fiber Project for a not to exceed amount of $3,277,654, and (2) lease, operate and maintain the City's fiber optic network for a 35-year term; and authorize the City Manager to negotiate and execute the agreement.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 20913940.80230.18472: $4,050,000

PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: CPUC FFA Last Mile Grant
REVENUE: N/A GRANT: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager; David Rapport, City Attorney; Jim Robbins, Housing and Grants Manager; Craig Schlatter, Community Development Director; Cindy Sauers, Electric Utility Director; Mary Horger, Assistant Finance Director; Tim Eriksen, Public Works Director; Myles Fisette, Purchasing Manager; Ryan Burkhart, IT Manager
STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP):ED-1.3 Public /Private Partnerships, ED-2.1 City Investment Priorities

10/11/2024
Jim Robbins
City of Ukiah
[email protected]
Re: City of Ukiah Gigabit Fiber Project
Dear City of Ukiah,
Congratulations! The California Public Utilities Commission (Commission) is pleased to inform you that City of Ukiah’s application for Last Mile Federal Funding Account (FFA) funding for the "City of Ukiah Gigabit Fiber Project" project and grant request amount of $ 5,587,154.00 has been approved.

Your application was received on and posted on the Commission’s Last Mile Federal Funding Account webpage. 09/28/2023 Staff reviewed the applications referenced for compliance with Commission and federal rules, conducted fiscal and technical analysis, and determined your application meets the requirements for a grant under the program. On 09/12/2024 Commissioners considered your application and voted to approve your grant award in Resolution T- . 17839 The award is predicated on City of Ukiah’s agreement to construct its project as detailed in its application. In addition, City of Ukiah also agreed to comply with all federal and state statutes, rules, and regulations covering broadband services and state contractual rules and regulations in accordance with Decision (D.) 22-04-055, Appendix A: Federal Funding Account Program Rules and Guidelines. A summary of the performance, payment, and reporting requirements are summarized in the Attachment to this letter.

For CPUC Staff to begin processing the award, you must complete, sign, and submit the following forms:

1. Consent Form and

2. Either:

Government Agency Taxpayer ID Form (for government entities) or Payee Data Record Form (for non-government entities)
You must submit these documents by uploading them to the Broadband Grant Portal within 30 days of the date of this letter. If these forms are not uploaded within the required timeframe, the award shall be rescinded.

All awards are contingent on available state budget appropriations funding and may be subject to Budget Letter 24-07.1 1 In Budget Letter 24-07, issued on April 29, 2024, the Department of Finance suspended the authority to expend one-time funding provided in Section 2.00 of the Budget Acts of 2021, 2022, 2023, that meets certain criteria.

Attachment 1

Thank you for your application and please direct any questions to [email protected]. We appreciate your efforts to provide service to our fellow Californians.

Sincerely,
RO
Maria Isabel Ellis
Deputy Director of Broadband

ATTACHMENT
Summary of Last Mile Federal Funding Account Grant Program Reporting Requirements
The award is contingent on the City of Ukiah’s agreement to construct the proposed project as detailed in its application.

The grant award is also contingent upon fulfilling the requirements as specified in Decision (D.) 22-02-055, Appendix A:

Federal Funding Account Program Rules and Guidelines. These requirements include, but are not limited to, execution and performance, payment, and reporting requirements. The following summarizes the requirements in D. 22-02-055, Appendix A: Federal Funding Account Program Rules and Guidelines, but does not replace them. Awardees must submit all reporting documents through the Broadband Grant Portal.

Execution and Performance
City of Ukiah must sign and submit the Consent Form agreeing to the terms of the award within 30 calendar days from the date of this letter. Failure to submit the signed Consent Form within the required timeframe will result in the Commission deeming the award null and void.

City of Ukiah must complete the project within 18- or 24-months, in accordance with the terms of the award. The Awardee must notify the Communications Division of any delays in the project completion or if the awardee is unable to complete the project within the required timeframe. The Commission may reduce or withhold payment, and / or impose penalties for failure to satisfy this requirement.

City of Ukiah must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the award (such as changes to a work plan or budget) at least 30 days before the anticipated change. Substantive changes may require approval by either the Communications Division’s Director or by Commission Resolution before becoming effective.

Payment and Payment Requests
Awardees can request payments as the project is progressively deployed. Requests for payments may be submitted at the following intervals:
• 10 percent completion
• 35 percent completion
• 60 percent completion
• 85 percent completion
• 100 percent completion
Payments are based on submitted receipts, invoices, and other supporting documentation showing expenditures incurred for the project in accordance with the approved budget included in the Awardee’s application.

Awardees must submit a project completion report to request final payment. The final 15 percent (from 85 to 100 percent) will not be paid without an approved completion report.

Monthly Contractor Reporting
California Public Utilities Code section 281(l)(1)(A-C) requires Awardees to report monthly to the Commission the following information throughout the construction phase:

• The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or 2 subcontract in excess of $25,000 to perform work on a project funded or financed pursuant to this section. • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work. • The anticipated dates when that work will be performed.

Monthly Construction Verification Progress Reports
Awardees must submit monthly construction verification reports. Within six weeks of the date on this award letter, Awardees must submit:

1. A construction schedule showing key permitting and construction milestones.

2. A high-level design in an acceptable geographic information system (GIS) format.

Each month thereafter the construction verification progress reports must include:
• An updated schedule for the build
Must show permitting and construction start and completion times based on an Awardee-defined segmentation of the build.

Segmentation must be sufficiently sized to show progress and correspond with payment intervals. • Geotagged photos showing key construction progress and completion, • Updated As-Builts, and
• Optical time-domain reflectometer (OTDR) reports for construction completed sections.

The geotagged photos, along with the As-Builts and OTDR reports, will be used to track completion of the project and verify the construction schedule, construction activities, and to expedite project reimbursement. Details for the GIS deliverable, schedule format, and geotagged photos can be found in the FFA Construction Verification documentation.

As part of the project completion report, Awardees will also be required to provide:
• Updated GIS file showing deviations from originally submitted high-level design • As-Built files showing construction prints and work completed • OTDR reports for all fiber terminations
Quarterly Reports
Awardees must submit quarterly progress reports to the Commission by the due dates shown below. Quarterly Reports must contain the information required in D.22-02-055, Appendix A, Section 14. 2Licensed contractor or subcontractor means any contractor that holds a Contractor’s License through the Contractors State License Board ( https://www.cslb.ca.gov/).

Reporting Period Project Information Due to CPUC
July 1 – September 30, 2024 October 6, 2024
October 1 – December 31, 2024 January 7, 2025
January 1 – March 31, 2025 April 6, 2025
April 1 – June 30, 2025 July 6, 2025
July 1 – September 30, 2025 October 6, 2025
October 1 – December 31, 2025 January 7, 2026
January 1 – March 31, 2026 April 6, 2026
April 1 – June 30, 2026 July 6, 2026
July 1 – September 30, 2026 October 6, 2026
October 1 – December 31, 2026 January 31, 2027
Awardees are responsible for contacting the Commission at [email protected] if the information cannot be submitted on time.

The quarterly reports requirement is separate and in addition to the monthly contractor reports and the payment requests.

Annual Reports
Awardees must annual reports that include the speed, pricing, subscription data (including number of customers enrolled in the Affordable Connectivity Program (ACP), low-cost, and low-income broadband plans), and any data allowance information on all offered plans.

The report must also include a weblink with information on the recipient’s income-qualified and affordable plans. The associated webpage should provide all plan information, ways to subscribe, and any necessary forms. Additional guidance detailing Federal reporting requirements will be provided post-award.

Termination
The Commission or the Awardee may terminate a grant award at any time by delivering ten days written notice to the other party. In the event that the Awardee terminates the grant award, it will be required to refund within 30 days of the termination all payments received for work not completed or not accepted by the Commission.

Post-Completion Sale or Transfer
For three years after project completion, an Awardee must notify the Commission within five days of determining that the Awardee is planning to sell or transfer its assets. The Awardee shall also provide documentation, including an affidavit stating that the new entity will take full responsibility and ownership to comply with the requirements of the Last Mile Federal Funding Account grant and requirements of the U.S. Treasury Department. Returning a signed Consent Form is acceptance of these terms.

Additionally, Awardees seeking to transfer assets must file a Tier 2 Advice Letter with the following information:
• Purchase price
• Copy of the agreement

• Binding agreement from the purchaser or lessee to fulfill the terms and conditions relating to the project after such sale or lease
• An explanation as to how the transaction would be in the best interests of those served by the project.

Additional Information
Reporting requirements and guidelines are subject to change, and CPUC may define additional requirements. Any additional requirements will be posted on CPUC’s website.

Request for Proposals
for
Public-Private Partnership to Design and Construct
the City’s FFA Grant Funded Ukiah Gigabit Fiber
Project and Operate and Maintain the City Owned
Fiber Optic Network Under a Long-Term Lease
Agreement
Released: June 25, 2025
SUBMISSIONS DUE NO LATER THAN:
5:00 P.M. PDT
July 25, 2025
Attachment 2

Background
In early 2023, the City of Ukiah (City) and Magellan (an Entrust Solutions Group company) (Magellan/Entrust) began developing Ukiah’s Broadband Plan to inventory the public and private broadband assets, assess the market and community need, and develop a Conceptual Network Design to improve the City’s connectivity and provision of public services, as well as to meet broadband needs for the unserved and the underserved parts of the community.

In July of that same year, the City released an RFP in search of a qualified private party to enter into a public-private partnership with the City to expand business and residential broadband access using a planned carrier-grade, redundant backbone ring City fiber network and the state middle-mile network (Golden State Net) along U.S. Highway 101. This partnership was necessary to prepare and apply for the California SB 156 Last Mile Federal Funding Account programs through the California Public Utilities Commission (CPUC) and Department of Technology (CDT). As a result of this RFP process, of the three proposals received, a “Preferred Internet Service Provider (ISP)” was selected as the most qualified.

In August 2023, the Preferred ISP entered a mutual nondisclosure agreement with the City to begin exploring and evaluating potential business opportunities in preparation for the anticipated grant award funding. Since then, the Preferred ISP worked with the City and Magellan/Entrust to develop the grant application for the Federal Funding Account (FFA) Last Mile grant.

On September 12, 2024, at a regularly scheduled voting meeting, the CPUC awarded the City an FFA Last Mile grant for $5,587,154 to construct the Ukiah Gigabit Fiber Project. Since that time, the City has formally accepted the Grant by executing a Grant Agreement with the CPUC.

Refer to Attachment 1 for a copy of the fully executed Grant Agreement.

In April 2025, the Preferred ISP withdrew from the Project. The City is now seeking a new partner to 1) design and construct the Ukiah Gigabit Fiber Project; and 2) operate and maintain the City-owned network for a 35-year term.

Time is of the essence to complete the design and construction work. The Grant mandates that the Project is completed and closed out no later than November 14, 2026. Because of this aggressive timeline, we are requesting proposals for this partnership by July 25, 2026.

Schedule of Events
The schedule for this procurement is as follows:

Distribute Request for Proposals:

Deadline for Responses:

City Evaluation of Proposals:

Interviews (if necessary)
City Council approval requested
for award recommendation:

June 25, 2025
July 25, 2025 5:00 P.M. (Pacific Time)
By August 1, 2025
By August 8, 2025
August 20, 2025
The City must receive proposals no later than the time and date specified above. Those proposals received after this date and time will not be considered. Proposals will only be accepted electronically. Send your proposals to the following:

Myles Fisette
Purchasing Manager
City of Ukiah Email:
[email protected]

Acceptable forms of electronic delivery are emailing the proposal directly, or providing a link to the documents for download, as long as the email is received by the established deadline. It is highly recommended to request a delivery receipt with the email to confirm that it has been received.

If the award recommendation is approved by City Council, a Notice of Award will be issued by our Purchasing Department shortly thereafter to start the contract completion process. You will have fifteen (15) days to complete the contract and provide all the other necessary documentation. Once the contract documents have been fully executed, a Notice to Proceed will be issued, and the work can commence.

Project Scope
The Project will include the design and construction of approximately 154,000 feet of fiber optic network backbone that will connect to the state middle mile network at US-101 in at least two locations to create system redundancy. The CPUC has signaled that if a more efficient design can be proposed to reach the identified unserved locations, the City can submit a Project scope amendment and reduce the total liner feet of the network to facilitate cost and construction time savings.

The Project will install service to 375 unserved locations and a total of 2,558 locations, which include 14 City facilities, as identified in the “Project Location Data” included in FFA grant application (Attachment 2). The network backbone will be constructed from a minimum of 288 strand fiber optic cable.

The Project will include high- and low-level network design, aerial fiber construction, underground construction, permitting, utility pole replacement/repair and temporary poles (to be installed by the City), central office access equipment, and ancillary equipment. Proposed equipment that will be installed as part of the Project includes an edge router, a core router, switches, access network cable drops, software to manage the network, security software, customer service software, billing software, IP services, replacement spares for critical switches, routers, and other components, optical network units, NID enclosures, RG Management software, subscriber provisioning software, and fiber management software (as identified in the attached budget, “Attachment 3 -Proposed Project Expenditures...”). Aerial installation will be deployed using existing City of Ukiah Electric Utility Department poles. As required by the Grant, the project will comply with SB156 requirements for the state's Last Mile and/or Middle Mile facilities in the project area.

FFA Grant contributions of $3,277,654 for construction of the network (Permitting, Aerial Fiber, Underground Fiber, Access Network-low count fiber lines from optical splitters to optical network unit at each subscriber premise), as detailed in Attachment 3-Proposed Project Expenditures…” represents the total funding contribution towards the Project. The Project must be completed, and the network activated no later than October 23rd, 2026, to ensure timely compliance with the Grant requirements.

The Project will be structured with the following phases:
• Design & pole calculations (O-Calcs), Make-Ready plans • Permitting
• Staking/Preconstruction
• Backbone Construction
• Splicing and Network Connections

• Installation of Grant-funded Service Drops
• Testing
• Network Launch
Long-Term Operations and Maintenance of the City-Owned Network The City of Ukiah has developed a draft Public-Private Partnership (PPP) Agreement (available upon request) for the long-term operations and maintenance of its City-owned fiber optic network. This Agreement outlines a 35-year partnership between the City and a selected ISP and includes a design-build contract (Exhibit I) to guide the initial construction phase.

A high-level summary of the proposed PPP Agreement includes the following terms:

After successful construction of the Grant-funded network and fulfillment of the grant requirements, the ISP will be granted access to 240 strands of the City's fiber network for its retail operations to sell both dark and lit fiber services at reasonable rates. In exchange, the ISP will:
• Provide high-peed, lit fiber service to City facilities at its top-tier level, • Operate and maintain the system throughout the full term of the Agreement, and • Pay the City an annual fee tied to subscriber numbers The Agreement also incorporates key Grant compliance requirements, including:
• The ISP’s commitment to fund drops to customers within the Project area as matching funds to the Grant,
• A five-year service pricing (this commitment is established within the Grant at $39.99 for 100mbps/50mbps and $49.99 for 10GBps/10GBps; however, the City and CPUC understand that this pricing commitment may not fit a new ISP partner’s business model, and requests the proposed pricing commitment and speeds from prospective partners).
• The City-owned network must be open access.
• Building and providing access to the 375 unserved locations identified within the Grant.

For full details please review the draft PPP Agreement and Design Build contract (Exhibit I to the PPP Agreement).

The ideal partner will demonstrate strong financial stability, a proven ability to meet Grant timelines through an efficient design and construction process, and a commitment to expanding its privately-owned network with continued investment beyond the Grant-funded build. Most importantly, the partner should be eager to work cooperatively with the City to ensure the Project’s success and the long-term viability of the network.

The primary objective of this partnership is to leverage the awarded CPUC FFA Grant to extend broadband access to unserved homes and businesses, significantly improve internet speeds within Ukiah, and support market competition. A successful partnership will not only enhance digital access for the community but also offer the ISP a strong opportunity to build a profitable and enduring business in the Ukiah market.

Documents Provided by the City
The following attachments have been provided and should be used and considered when preparing your proposal:

1. Attachment 5 - CPUC FFA Grant Application

2. Attachment 6 - CPUC FFA Grant Requirements

3. Attachment 7 - City of Ukiah Public Works Department, List of No-Cut Streets

4. Draft Public Private Partnership Agreement:
**Available Upon Request

5. City of Ukiah Electric Utility Department Aerial and Underground District Maps:
**Available Upon Request

5. Magellan’s 55,000’ Design to Priority City Facilities (14 locations) **Available upon request
*Please note, this design includes streets that have been recently paved and utility poles that are no longer available due to undergrounding. Please refer to the electric utility data and No Cut Street list. This information is considered best information available and not considered complete or final.

Proposal Content
Your proposal needs to address the following key areas:

Partner qualifications
• Cover Letter / Letter of Interest (LOI) on company letterhead including:
• Short company introduction highlighting experience, track record, qualifications, introductory comments, plus any intention to use any third-party/subcontractors. • Why the respondent is interested in a partnership with the City. • Clearly state your objectives for the Ukiah network, include any plans for phased future private expansion of the network, and total anticipated private investment over the next ten years in expanding broadband within Ukiah. • Clearly indicate if respondent is willing and capable to build last-mile connectivity in order to operate and provide services to unserved and underserved, disadvantaged, vulnerable, and/or low-income areas at affordable rates. o Describe your team’s expertise/experience in construction of similar networks (if applicable).
o Describe your team’s experience complying with Federal or State grants. o Clearly outline any limitations or oppositions in your ability to meet any requirements detailed in the RFP.
o Define any requirements or commitments that the respondent would need from the City to ensure a successful agreement or partnership.

o Provide potential conflicts of interest disclosure that is a direct or indirect financial investor, partner, employee, or member of any corporation, partnership, or other legal entity making or participating in this proposal.
o Additional details, preferred arrangements, or creative business models. • Background of the Proposed Partner(s): Provide an overview of the respondent’s organization, services, and capabilities.
• Company’s knowledge, years of experience, and operations within the broadband telecommunications industry and, if applicable, infrastructure development in the City of Ukiah.
• Provide details\resumes on key expertise\key personnel. • List any licenses, registrations, or certifications as required by law to perform the scope of services in this RFP.
• Provide an overview of company’s assets, products and services, operations, total subscriber count, type of services, local presence in the City of Ukiah, and other markets served in California and other states.
• List any similar arrangements you have entered with counties, municipalities, electric utilities, or other public-private partnerships. • Please include any installation, sub-contractors, partners, or service contractors in the region that may be utilized again for this Project. • High-level Overview of Proposed Plan for Short-Term Design and Construction of the Network and Long-Term Operations and Maintenance of the System: 1) Provide an overview of your plan to design and build the system within the timeframe allowed by the FFA Last Mile grant funding award. 2) Provide an overview of your plan to operate and maintain the system over the thirty-five-year term. • References: To demonstrate the proposer’s qualifications and capacity to successfully complete this project, the City requests a minimum of three (3) references for projects completed within the past five (5) years. These may include a combination of:
o Fiber network design and construction projects
o Broadband network operation and maintenance engagements o Public or private sector partnerships involving shared infrastructure or long-term service agreements
o Projects involving federal or state grant compliance and reporting While direct experience with public-private partnerships for municipal broadband is preferred, the City understands that such projects are still emerging. Therefore, proposers may submit references that best reflect comparable complexity, coordination, or scale, even if not fully aligned with all aspects of this project. Each reference should include:
o Client name and location
o Contact person, title, phone, and email
o Description of the project and services provided
o Contract value, duration, and status (completed, ongoing) o Funding source (if applicable)
o Notable performance outcomes (e.g., uptime, customer reach, grant reporting success)
The City reserves the right to contact references as part of its evaluation process.

• Financial Qualifications and Stability: In order to evaluate the financial capacity and stability of the proposer to perform the required services, the City requires the following financial information to be submitted with the proposal. The City reserves the right to request additional information during the evaluation process.

Required Submittals:

1. Audited or Reviewed Financial Statements
Proposers shall submit audited financial statements for the most recent two (2) fiscal years, including:
o Balance Sheet
o Income Statement (Profit & Loss Statement)
o Cash Flow Statement
If audited financials are not available, the City will accept financial statements reviewed or compiled by an independent Certified Public Accountant (CPA). Internally prepared statements will only be accepted if accompanied by an explanation of why reviewed or audited statements are unavailable.

2. Banking Reference
A letter from the proposer’s primary financial institution indicating the length of the banking relationship and general creditworthiness. The letter should be on the official bank letterhead and signed by an authorized representative.

3. Credit Report (if available)
A recent business credit report (e.g., from Dun & Bradstreet), including the D-UN-S Number and credit rating, is encouraged but not required.

4. Statement of Financial Condition
A brief written statement confirming the proposer:
o Is not currently under bankruptcy protection.
o Has not defaulted on any contracts in the past five (5) years; and o Has no pending litigation or contingent liabilities that would materially affect financial performance.

5. Disclosure of Material Financial Events
A summary of any past or pending events in the last five (5) years that may materially impact the proposer’s financial standing, including lawsuits, judgments, regulatory actions, or significant contract losses or terminations.

Confidentiality:

All financial information submitted shall be kept confidential and used solely for the purpose of evaluating the proposer’s financial stability in connection with this procurement.

Design-Build Qualifications/Proposal

1. Design and Construction Approach
• Provide a detailed description of the Project, including your design approach and Project deployment plan.
• Outline the phases of the Project (design and permitting, construction) and the construction techniques to be employed.
• Include high level conceptual plan of the Network, developed to provide best utilize the Grant funds efficiently to complete the goal of the Grant (serving the 375 unserved

locations and any served locations along the route) within the Grant deadline (construction completion by October 23, 2026 to close the Project by November 14, 2026).

2. Project Timeline
• Submit a proposed Project schedule highlighting key milestones and completion dates. • Provide phased timelines for the design, permitting, construction, and commissioning stages.
• Discuss plan to address time constraints imposed by the Grant deadline.

3. Cost Estimates
• Include a detailed breakdown of Project costs, ensuring the format aligns with the Grant application.
• Differentiate between Grant-funded items and partner’s privately funded items.

4. Qualifications and Experience
• Provide evidence of your team’s experience with projects of similar size, scope, or complexity.
• Include resumes of key personnel, highlighting their relevant experience and training. • Submit a financial statement to demonstrate the design-build entity’s capacity to complete the Project.

5. Licenses and Certifications
• Provide proof of all necessary licenses, registrations, and credentials required to design and construct the Project (e.g., contractor license, Department of Industrial Relations Public Works Registration number).
• Disclose any revocation or suspension of licenses, credentials, or registrations, if applicable.

6. Subcontractor Information
• As per the Subletting and Subcontracting Fair Practices Act (California Public Contract Code Section 4100) identify key subcontractors, including their contract license numbers, DIR Public Works Registration numbers, and the work they will perform.

Please refer to Attachment 8 which is a subcontractor form to be submitted with your proposal.
• Indicate the percentage of work to be performed by subcontractors and their qualifications.
• Include a commitment to using a skilled and trained workforce for all aspects of the Project.

7. Prevailing Wages
• Include a statement confirming your understanding that the Project is subject to prevailing wage requirements and your commitment to compliance. The prevailing wage requirements are provided as Attachment 9.
• Include a commitment to using a skilled and trained workforce for all aspects of the Project, as per California Public Contract Code, Chapter 2.9 Skilled and Trained Workforce Requirements [2600-2603] (Codes Display Text). o A “Summary of Selected Skilled and Trained Workforce Statutes” may be found here: Summary of Selected Skilled and Trained Workforce (STW) Statutes – Last Updated 10/3/2019.
o Frequently asked questions regarding the Skilled and Trained Workforce Requirements can be found here: Frequently Asked Questions on Skilled & Trained Workforce (“STW”) Requirements .

8. Bonding and Insurance
• Bonding: Include a letter from your bonding company confirming bonding capacity. The payment and performance bond requirements are provided in Attachment 10. • Insurance: Provide a statement that confirms the ability to comply with liability insurance, and errors and omissions insurance requirements as outlined in Attachment 11.

Bonding and insurance will not be required until the Project is awarded. Selected partner will be required to secure the required bonding and insurance, and supply documentation to the City within two weeks of contract award notification.

9. Certifications
• You are required to sign and submit the following certification forms with your proposal, provided in Attachment 12:
o Fair Employment Practices Certification
o Worker’s Compensation Certificate
o Certificate of Nondiscrimination in Employment

10. Public Private Partnership and Design/Build Agreement • Due to the tight timeframe imposed by the Grant, the City cannot engage in lengthy negotiations. Prospective partners are requested to review the PPP Agreement and propose any key modifications with your proposal to expedite this process. • Exhibit I is the Design Build Contract and will govern the initial phase of the partnership through the completion of the construction phase. Please be sure to review this portion of the Agreement thoroughly and clearly state your ability to comply with the terms of the Design Build Contract as a separately detailed item.
• Provide a letter of commitment to execute the Agreement if selected to partner with the City and provide any proposed modifications that would be necessary to the Agreement.

Please indicate whether any items are critical to the partnership.

Project Deliverables After Agreement is Executed:

Design Deliverables, including:

1. Conceptual
 Submit a proposed PDF design with the proposal.
 Provide a high-level design in .shp format within 30 days of contract execution.
 Submit O-Calcs for proposed pole attachments.
o O-Calc pdf for every pole with the fiber installed (final design), 100 poles per file, listed in consecutive order of construction.

2. Excel file: City pole number, heights of all attachments including new fiber, span guys and dead-end guying, storage poles. Contractor pole number/ City pole number cross reference (if Contractor renumbers pole) 60% Design  Submit a detailed plan set in PDF and .shp low-level design format within 90 days of contract execution.

3. Final Design
 Submit the final plan set and .shp files within 30 days of receiving review comments.

Construction Deliverables:

1. Pre-Construction

 Provide a detailed construction schedule in Gantt chart format within 15 days of receiving the final design approval.
 Submit a construction site logistics plan, including staging areas, traffic control, and site access, within 10 days before mobilization.  Deliver a materials procurement list, including specifications and sources, within 20 days of contract execution.

2. Construction Phase
 Submit weekly progress reports, including updates on schedule, budget, and key milestones.
 Provide as-built drawings in .pdf and .shp formats on a bi-weekly basis during construction progress.
 Ensure daily safety reports and quality assurance/quality control (QA/QC) checklists are completed and submitted to the City Project Manager.  Weekly Project meetings with Contractor and City Project Manager/ City Team.
 Weekly Certified Payroll Reports, uploaded to DIR and electronic copy submitted to City Project Manager

3. Post-Construction
 Submit final as-built drawings in both .pdf and .shp formats within 15 days of project completion.
 Provide a construction closeout package, including warranties, manuals, and a maintenance plan, within 30 days of completion.
 Facilitate a final inspection with the City and submit a punch list resolution report within 7 days post-inspection.
 Provide a project completion report, summarizing all deliverables, lessons learned, and final project metrics.

Proposal Evaluation
An Evaluation Committee will review all proposals to determine which Proposers have qualified for consideration. Proposals will be initially reviewed to verify that the submission conforms to stated specifications. The committee will not evaluate any responses that significantly deviate from the basic intent and/or fail to satisfy the mandatory requirements. Submitted proposals will be evaluated based on the following criteria:

Category Description Max
Points
Qualifications &
Experience
Demonstrated ability to successfully complete similar designbuild broadband projects; experience ; qualifications of key staff; financial health.
15 Design &
Construction
Approach
Clarity and feasibility of proposed design and construction plan; realistic and efficient project timeline; strategy to meet Grant deadlines; innovation in phasing or routing.
15 Grant Compliance &
Contribution
Proposed match funding or in-kind contribution (e.g., funded drops); responsiveness to Grant terms (e.g., affordability pricing, open access, service to 375 unserved locations).

Demonstrated experience complying with requirements of
state or federally funded projects.
15

Category Description Max
Points
Operations &
Maintenance
Plan and demonstrated ability to maintain and operate the City-owned network for 35 years; proposed staffing, systems, and NOC capabilities; service reliability and uptime
expectations.
15 Retail Service
Offerings
Affordability, scalability, and quality of internet service tiers; vision for serving residents and businesses in Ukiah;
proposed rates, speed tiers, and pricing commitment.
10 Value of Private
Investment
Scope and value of proposed privately funded infrastructure, including planned expansions, and contribution to City-wide connectivity goals.
15 Alignment of Goals
Evaluation of any proposed modifications to the terms of the draft Public-Private Partnership (PPP) Agreement and
alignment with City's goals.
15 TOTAL POSSIBLE
POINTS 100
Contact Person
Please contact Myles Fisette, Purchasing Manager, if you have questions or require additional information. Questions must be submitted in writing via email. Contact information can be found below.

Myles Fisette
Purchasing Manager
City of Ukiah Email: [email protected]
Communication between a proposing company and a member of the City staff, other than the designated contact person, or between a proposing company and a non-designated City representative regarding the selection of a proposing company or award of this contract is explicitly prohibited from the time the RFP is advertised until the selection of a proposing company or award of the contract. Questions pertaining to this RFP shall be addressed to the party specified above. Failure of a proposing company, or any of its representatives, to comply with this paragraph will result in their proposal being rejected.

Addenda
If it becomes necessary to revise any part of this Request for Proposal after it has been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the documents. Anyone who intends to submit a proposal in response to this solicitation must check the website frequently for any posted addenda. Anyone submitting a proposal will be deemed to have seen and agreed to be bound by the posted addenda.

City Business License
Awarded firm will be required to maintain a City business license for the duration of the contract.

Information regarding the City business license can be found on the City website, at www.cityofukiah.com/businesses.

Financial Responsibility
The City accepts no financial responsibility for any costs incurred by a firm in responding to this RFP. Submissions will become the property of the City and may be used by the City in any way deemed appropriate.

Right of Rejection
The City reserves the right to reject any and all proposals. The City reserves the right to award a contract to the firm that presents the proposal, which in the sole judgment of the City best serves the City’s interest. The City reserves the right to reject any or all proposals, to waive minor irregularities in said proposals, and/or negotiate minor deviations with the successful firm.

Attachments:
1 - Attachment 1 - AwardLetterResolutionAward10-11-24
2 - Attachment 2 - Project Location Data
3 - Attachment 3 - Proposed Project Expenditures-Estimated Direct Costs FFA 4 - Attachment 4 - Project Equipment Location Data
5 - Attachment 5 - CPUC FFA Grant Application
6 - Attachment 6 - CPUC FFA Grant Requirements
7 - Attachment 7 - City of Ukiah Public Works Department, List of No-Cut Streets 8 - Attachment 8 - Lis of Proposed Subcontractors
9 - Attachment 9 - Prevailing Wage and Apprenticeship Requirements 10 - Attachment 10 - Bond Requirements
11 - Attachment 11 - Insurance Requirements
12 - Attachment 12 - Certifications

PURCHASING DEPARTMENT
411 West Clay Street, Ukiah CA 95482
(707) 463-6225
[email protected]

Addendum No. 1
Request for Proposal (RFB)
for
Spec E41071 - Ukiah Gigabit Fiber Project Partnership
July 8, 2025
The following is Addendum No. 1.

This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein.

1. The following are questions asked and associated responses:

Q1: Will you accept proposals for only a portion of the RFP? i.e. design/engineering only or design/engineering/construction only? Or does the proposal need to include everything (design/engineering/construction/maintenance/operations)? A1: The City is seeking a single proposal that encompasses the full scope of the project as described in the RFP, including:
• Design and engineering,
• Construction of the fiber backbone and service drops, • Long-term operations and maintenance of the City-owned fiber network.

Proposers may assemble a team of subcontractors or partners to fulfill different components of the project; however, a single lead entity must be identified as the party responsible for the full contract performance.

All other terms and conditions remain in full force and effect.

Myles Fisette
Purchasing Manger

PURCHASING DEPARTMENT
411 West Clay Street, Ukiah CA 95482
(707) 463-6225
[email protected]
Addendum No. 2
Request for Proposal (RFB)
for
Spec E41071 - Ukiah Gigabit Fiber Project Partnership
July 17, 2025
The following is Addendum No. 2.

This Addendum is hereby made part of the Contract Documents to the same extent as though it were originally included therein.

1. The following are questions asked and associated responses:

Q1: Construction Cost covered by Grant Funds ~$3.3. Confirm? A1: $3,277654 is available for construction of all network elements, except the pole replacements.

Please see a detailed budget and allocation to network construction included with this addendum as Attachment 1. The pole replacements are allocated under the City’s portion of the grant.

Q2: Is the delta from the ~$5.6m to pay for pole replacement and Construction Project Management?
A2: The difference between the total grant amount and the amount designated for network construction will be allocated to City expenses related to construction management, grant administration, and pole replacements.

Q3: Was a detailed Pole Analysis done to determine the $1.7m pole replacement cost? oIt looks like 58 poles out of 322 total = 18% fallout/need to be replaced. Confirm? o$1.7m/58 poles = $29,310 per pole replacement. Confirm? A3: The $1.7 million figure represents a preliminary cost estimate; however, based on the design and O-Calcs prepared by the City’s consultant (provided with the initial RFP package), the City anticipates this amount to be low for the anticipated failure rate. The final number of pole replacements required will not be known until the network route is finalized and pole loading analysis (O-Calc) is completed. The City anticipates that additional funding may be required and has identified a path to address any shortfall. Poles identified as needing replacement due to existing condition—regardless of fiber installation—may be cost-shared by the City’s Electric Utility and other entities with attachments under the Joint Pole Agreement. These shared costs are expected to offset any funding gap.