The intent of the Mixed-Use Brush Street Triangle (MUBST) zoning district is to promote greater efficiency by encouraging mixed-use development that preserves and expands options for housing and provides for live-work opportunities. It also aims to enhance community health by promoting active transportation and to support local businesses by providing a variety of commercial and residential uses in a compact and accessible area within the Mixed-Use Brush Street Triangle (MUBST) area as defined in the Ukiah Valley Area Plan.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

The following use types are permitted uses provided the development of any permitted residential use occurs in conjunction with at least one (1) different permitted commercial or civic use type on the same property, as a live-work use, or is part of a mixed use project: Definitions for live-work use and mixed use are contained in Chapter 20.008 Definitions.

(A)

Residential Use Types (See Chapter 20.016).

Assisted Living Residential Care Facility;

Day Care Facility;

Employee Housing;

Family Residential—single-family;

Family Residential—two-family;

Family Residential—multifamily;

Low Barrier Navigation Center;

Supportive Housing;

Transitional Housing.

(B)

Civic Use Types (See Chapter 20.020).

Administrative services, government;

Clinic services;

Community Recreation;

Cultural exhibits and library services;

Education facilities;

Essential services;

Group care;

Lodge, fraternal and civic assembly;

Religious assembly;

Day Care Facilities/small schools.

(C)

Commercial Use Types (See Chapter 20.024).

Administrative & Business Offices;

Communication Services;

Eating and Drinking Establishments;

Food and Beverage Retail Sales;

Medical Services;

Personal Services;

Repair Services, Consumer;

Retail Sales, General.

(D)

Industrial Use Types (See Chapter 20.028).

Custom Manufacturing.

(E)

Accessory uses as provided in Chapter 20.164.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

The following uses are permitted in a mixed use project upon issuance of an Administrative Permit:

(A)

Agricultural Use Types (See Chapter 20.032).

Animal Raising—Personal.

(B)

Civic Use Types (See Chapter 20.020).

Ambulance services;

Fire and police protection services;

Minor impact utilities.

(C)

Commercial Use Types (See Chapter 20.024).

Laundry services;

Redemption Centers.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

The following use types are permitted in a mixed use project upon securing a Use Permit:

(A)

Civic Use Types (See Chapter 20.020).

Educational facilities;

Major impact facilities;

Major impact services and utilities.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

No Minimum.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

Single Family Residential: one (1) unit per four thousand five hundred (4,500) square feet.

Multi-Family Residential and Mixed Use: one (1) unit per two thousand one hundred (2,100) square feet.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

(A)

Residential Use: Twenty (20) feet.

(B)

Non-Residential Use: None, except that a twenty (20) foot rear yard is required adjoining any district other than MU-2, MUNS, commercial, or industrial.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

(A)

Residential Use: Six (6) feet.

(B)

Non-Residential Use: None, except that a five (5) foot side yard is required adjoining any district other than commercial or industrial.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

Fifty (50) feet.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

(A)

Residential Use: None

(B)

Non-Residential Use: Three-tenths (0.3) minimum; One (1.0) maximum.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

(A)

All permitted mixed use projects shall be consistent with the Mixed Use Compatibility Standards and are encouraged to incorporate design principles and examples contained in the Community Design Guidelines to the extent feasible. Any permitted mixed use project determined to be inconsistent with these standards shall be subject to a discretionary permit as described in Section 20.087.060, Mixed Use Development Review.

(1)

Site Improvements: Building siting and orientation, and landscape improvements shall integrate pedestrian circulation. Site and landscape improvements shall incorporate outdoor pedestrian use areas such as courtyards and plazas (which could include amenities such as trellises, raised planters, and landscaped berms) and other structures that create semi-protected outdoor spaces. Pedestrian use areas shall be visible from street corridors and pedestrian access routes.

(2)

Separation: Separation between use types, whether the uses are located on the same parcel or not, shall be required as stated below, in addition to minimum side and rear yards specified in this chapter.

(a)

Residential uses shall be separated from non-residential uses as follows:

•

No less than three hundred (300) feet from any industrial use on the same site or from an industrial zoning district.

•

No less than eleven (11) feet from any commercial or civic use on the same site, except that a residential use may be located in the same or abutting structure containing a commercial and/or civic use.

(b)

Where residential and non-residential separation is required, landscape areas shall be provided in the separation area (including property lines setbacks) to prevent noise, lighting, and privacy intrusion. Pedestrian activity areas and circulation improvements are allowed in the separation area; trash enclosures are prohibited.

(c)

Notwithstanding the minimum side and rear yard setbacks of this chapter, a fifty-foot setback and a fence or wall no less than six (6) feet high is required along a side or rear property line of an adjacent parcel within Agricultural Land, as defined by Section 10A.13.010 of the Mendocino County Code, or a parcel developed with an Agricultural Use Type (Chapter 20.032) exceeding one (1) acre in size.

(d)

No portion of a wall or fence shall be used for advertising or display. No barbed wire or concertina wire may be used as fencing material.

(3)

Utilities:

(a)

All utilities including but not limited to electrical power, telecommunications, and cable television shall be placed underground to the extent practicable, taking into account economic and environmental factors.

(b)

If utilities, communications towers, and devices must be above ground they shall be designed and located to minimize visual impact and clutter, using techniques such as screening and shared use of facilities.

(c)

When available, connection to public water and sewer services is required for development.

(4)

Land Use Limitations:

(a)

All industrial use operations, excluding delivery docks, shall be enclosed within a building.

(b)

Commercial and industrial loading areas, trash enclosures, utility meters, and mechanical and electrical equipment shall be located as far as possible from residential uses and shall be screened from view from the residential portion of the project and any adjoining residential use.

(c)

Non-residential uses shall not be open to the public between the hours of 11:00 p.m. and 6:00 a.m.

(d)

All new uses shall comply with the General Plan Noise Policies (Development Element, Chapter 3, DE-93 to DE-110).

(B)

Parking: Notwithstanding the applicable provisions of Chapter 20.180 Off-Street Parking, the following additional off-street parking and circulation requirements shall apply.

(1)

On-site circulation and parking shall be provided and continuously maintained according to an approved parking plan illustrating the location, number and configuration of parking spaces for vehicles and bicycles, vehicle and pedestrian circulation improvements, truck loading areas and travel path, and emergency vehicle access, public transit stops, and public areas.

(2)

The number and configuration of parking and circulation shall be consistent with parking standards (Chapter 20.180 Off-Street Parking) except that a reduction in the number of off-street parking spaces, consistent with Section 20.180.010 of the County Code, may be granted when the project includes shared parking facilities, affordable housing, and transit improvements.

(3)

Shared driveway access between neighboring uses and parcels shall be encouraged. Wherever possible, driveway access shall be provided at the property boundary to permit future negotiations of shared access agreements when adjoining parcels are developed. Where shared access is provided, a twenty-five (25) percent reduction in the required parking spaces for all commercial uses shall be permitted for each participating parcel.

(4)

Instead of locating a single parking lot on the street frontage, separate parking areas shall be established throughout the mixed use project, away from the street frontage and, to the extent possible, not located between building groups. When feasible, parking within or under buildings is encouraged.

(5)

All new development shall be required to provide sidewalks along any street frontage and shall provide on-site pedestrian walkways that directly link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. The walkway shall be a minimum of five (5) feet in width and shall be constructed of concrete, pavers, or similar sidewalk material that is firm, stable, and slip-resistant. Walkways may be located within the landscaping/walkway corridors of the public rights-of-way. The specific location of pedestrian walkways shall be determined by each property owner. However, narrow linear strips of landscaping between walkways and streets shall be discouraged. Required walkways shall connect to existing walkways on adjacent properties, and where such adjacent walkways have not been developed, the required walkways shall be located in areas where the future continuation of the walkway across adjoining properties is feasible.

(C)

Landscape: Utilizing climate adapted plants supported by low volume irrigation systems, landscape improvements shall be provided and continuously maintained throughout and along the perimeter of the mixed use development site, subject to State of California Water Conservation in Landscape Act of 1990 and the following standards.

(1)

No less than ten (10) percent of the gross parking and circulation area shall be dedicated to and continuously maintained as landscape areas.

(2)

Parking lot shade trees, selected from the Mixed Use Design Guideline Master Tree List, shall be provided and continuously maintained at a minimum rate of one (1) tree per five (5) parking spaces.

(3)

Drainage swales and similar stormwater retention features shall be integrated with the design and location of landscape improvements.

(4)

Planting areas, no less than ten (10) feet wide, shall separate parking lots from property lines and buildings.

(5)

A landscape improvement bond or another form of surety acceptable to the Planning Director shall be offered prior to the issuance of a building permit to commence construction of the project and will be released three (3) years after the completion of the landscape installation upon demonstrating the landscaping is established and maintained according to the approved landscape improvement plan.

(D)

Lighting: The location, intensity, and shielding of all exterior lighting for buildings, businesses, landscaping, streets and parking lots, and recreational and public areas shall be downward shielded and that are operated on a limited night schedule so as to avoid or prevent the illumination of adjoining uses or areas or the night sky.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)

The Mixed Use Development Review will implement the goals and policies of the Ukiah Valley Area Plan by providing site planning, architectural design guidance, and criteria for commercial uses in mixed use projects. The intent of this process is to develop aesthetically appealing urban form, which reflects the rural, small town character of the Ukiah Valley, protect and enhance the natural beauty and scenic view sheds, and reinforce the uniqueness of existing communities.

(A)

Development Review. All development within the MUBST is subject to one (1) of the following review processes unless the development is: (1) a façade improvement; (2) a one-time addition/expansion of an existing structure(s) not to exceed five hundred (500) square feet per site; and (3) minor amendments to previously approved plans, or a change in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances.

(1)

Zoning Clearance. A project shall be eligible for zoning clearance through the building permit process when it is a mixed use project, includes only permitted uses listed in Section 20.087.010, and is consistent with the Mixed Use Compatibility Standards contained in Section 20.087.055, and will develop a site not to exceed forty thousand (40,000) square feet.

(2)

Administrative Permit. A project shall be subject to an administrative permit in accordance with Chapter 20.192 when the project only includes permitted uses listed in Section 20.087.010, is consistent with the Mixed Use Compatibility Standards contained in Section 20.087.055, and will develop a site exceeding forty thousand (40,000) square feet. In addition, a project shall be subject to an administrative permit when any of the following apply:

(a)

The project contains only a single permitted use.

(b)

The project includes permitted uses listed in Section 20.087.010 Permitted Uses and will require an exception from the Mixed Use Compatibility Standards in Section 20.087.055.

(c)

The project includes uses listed in Section 20.087.015, Uses Subject to an Administrative Permit.

(3)

Use Permit. A project shall be subject to a use permit under the original jurisdiction of the Planning Commission, in accordance with Chapter 20.196, and is subject to CEQA review when the project includes any use listed in Section 20.087.020, Uses Subject to a Use Permit, including a project that requires an exception to the Mixed Use Compatibility Standards contained in Section 20.087.055.

(B)

Submittal Requirement. The following submittal requirements govern the submittal, review, and action on the Mixed Use Development Plan, when it is required.

(1)

General: A Mixed Use Development Plan shall be submitted for any mixed use project subject to an administrative permit or use permit as specified by section 20.087.060(A).

(2)

Mixed Use Development Plan Requirement: In addition to the information and plans otherwise required for an administrative permit or use permit, a Mixed Use Development Plan is required and shall include, but is not limited to, the following information:

a)

A detailed site plan at a scale that is sufficient to fully illustrate proposed uses and site improvements as well as a Preliminary Development Plan, as defined in this Chapter.

b)

Building elevation drawings of all proposed structures showing exterior wall color and material, and exterior lighting of proposed and existing development on all sides of the structure. The Community Design Guidelines shall be applied to all mixed use projects subject to Mixed Use Development Review.

c)

A building floor plan of the proposed structure delineating each building or portion thereof by use type.

d)

A landscaping plan detailing all new and existing landscaping to be incorporated into the design of the project including pedestrian walkway improvements, location of existing and proposed vegetation, including removed vegetation and trees, public amenities, landscape lighting, fencing, and irrigation improvements. The landscape plan must include a planting and lighting schedule noting the size, number, and type of plant materials and light fixtures.

e)

A parking and circulation plan showing the location of and access to parking spaces, loading zones, delivery docks, transit improvements, bicycle parking, parking lot landscape areas (detailed by the landscape plan), and lighting. The parking and circulation plan shall include a schedule showing the number and size of required off-street parking based the County's parking requirements.

(C)

Supplemental Findings. The Zoning Administrator and/or Planning Commission shall make the following supplemental findings when acting to approve any discretionary project (i.e., administrative permit or use permit) within the MUBST zoning district. The findings shall not be vague and conclusory. The findings shall be sufficiently detailed to inform a reviewing court of the basis of the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. Failure to make findings that support the following determinations shall result in a denial of the Mixed Use Development Plan application.

The proposed mixed use project, including an exception from the Mixed Use Compatibility Standards, will substantially fulfill the intent and purpose of the Mixed Use General zoning district and Community Design Guidelines, by accomplishing the following.

(1)

Land Use: The project will—

(a)

Preserve the character of the neighborhood; will protect the community's character, provide for harmonious and orderly development, and create a desirable environment for the occupants, neighbors, and visiting public.

(b)

Include appropriate use of materials, textures, and colors, which will remain aesthetically appealing and appropriately maintained; and will locate and orient windows, doorways, and outdoor use areas to minimize the potential impacts from heat, glare, noise, or other disturbances caused by on-site or off-site sources.

(c)

Locate structure(s) on the parcel which are compatible with the location and orientation of other structures in the immediate neighborhood that conform to applicable setback requirements.

(d)

Be compatible with other uses on the property.

(2)

Parking: The project will—

(a)

Provide adequate ingress, egress, parking for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery vehicles designed to promote safety and convenience.

(b)

Not create potential hazards to vehicular, pedestrian, or bicycle traffic, or cause a distraction for motorists.

(c)

Provide shade for parking spaces to the extent practical.

(3)

Landscape: The project will—

(a)

Include provisions to ensure maintenance of all approved landscaping.

(b)

Include landscaping as an integral part of the project design and enhance the appearance of the development.

(c)

Ensure protection of existing and desirable mature trees when feasible.

(d)

Utilize irrigation systems which provide for the efficient use of water.

(4)

Lighting: The project will—

(a)

Provide adequate lighting to all pedestrian and building access areas to provide safety, security and enhance aesthetic quality.

(b)

Provide lighting that is appropriate in scale, intensity, and height.

(c)

Provide lighting that is energy efficient and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site.

(D)

Conditions of Approval. Conditions of project approval may be imposed on a Mixed Use Development Plan.

(1)

In approving a Mixed Use Development Plan, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to maintain or assure (1) compliance with the standards/criteria listed in Section 20.087.055, Mixed Use Compatibility Standards; and (2) the mitigation of any "significant adverse environmental impacts" of the development as may be required by the California Environment Quality Act. Nothing in this Section shall be construed to limit the discretion of the authority of the Zoning Administrator or Planning Commission to require conditions.

(2)

The Zoning Administrator or Planning Commission may condition a Mixed Use Development Plan to prohibit occupancy of a project building until an inspection has been made which finds that the project building, landscaping and other required improvements have been completed, and the project complies with all conditions specifically required to be completed prior to occupancy. If a Mixed Use Development Plan is so conditioned, the Planning Director shall notify the County Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a Mixed Use Development Plan so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been satisfied. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits.

(Ord. No. 4538, § 22(Exh. A), 9-10-2024)