The Board of Supervisors and the City Council of the City of Ukiah have entered into a Road Improvements and Land Use Agreement for the construction of a bridge over Orrs Creek, a watercourse that is also a jurisdictional boundary between the City and the County. The County has agreed that it will adopt and apply to each development proposal in the Brush Street Triangle area land use regulations that will require discretionary approval by the County of any commercial development or other development with potentially significant adverse environmental impacts.

(Ord. No. 4139 (part), adopted 2005)

The Board of Supervisors of the County of Mendocino hereby adopt site development review standards and procedures to implement Section 5, on Page 3 of the ROAD IMPROVEMENT AND LAND USE AGREEMENT—7/19/04, approved by the Board of Supervisors on September 14, 2004.

(Ord. No. 4139 (part), adopted 2005)

The regulations in this Chapter shall apply to that area commonly referred to as the "Brush Street Triangle." The "Brush Street Triangle" consists of approximately eighty two (82) +- acres and is located immediately north of the Ukiah City limits and is bounded by Orr Creek to the south, the Northwest Pacific Railroad tracks to the west and State Route 101 to the east and north.

(Ord. No. 4139 (part), adopted 2005)

A site development permit is a discretionary planning permit and therefore, subject to the California Environment Quality Act and the provisions of the ROAD IMPROVEMENT AND LAND USE AGREEMENT—7/19/04.

(Ord. No. 4139 (part), adopted 2005)

A site development permit is required for the construction of new multiple-family residential, commercial, and industrial structures, or the substantial exterior modification of existing multiple-family residential, commercial, and industrial structures. Projects exempt from the site development permit process include interior building remodels, repair and maintenance of structures or parking areas, minor alterations on building exteriors, and minor accessory structures to established, multiple-family residential, commercial, and industrial buildings. Upon request, the Planning Director shall determine whether a project is exempt under this subsection in accordance with the following standards:

A.

The project involves an addition of less than one hundred fifty (150) square feet to an existing structure, and the addition would not be highly visible from any public street; or

B.

The project involves minor façade modifications that would not significantly change the architectural character or appearance of the structure.

The detailed provisions for site development permits are contained in Section 20.240.025 of this Article.

(Ord. No. 4139 (part), adopted 2005)

The following regulations govern the submittal, review, and processing of site development permits:

A.

General: Site development permits shall be issued as provided in this Chapter only for site development projects for which such permits are required. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for site development permits required by this Chapter. If the Planning Director determines that the site development permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the site development permit application is major, it shall be referred to the Planning Commission for public hearing and action.

For the purpose of this Chapter the term "minor in nature" is defined as (1) façade improvements, small additions/expansions of more than one hundred and fifty (150) square feet, but less than one thousand (1,000) square feet to existing structures and, (2) minor amendments to previously approved permits, and changes 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.

B.

Application Filing And Submittal Requirements: All applications for site development permits shall include the following information:

1.

A detailed site plan sufficient to fully illustrate the proposed project and adjoining land uses.

2.

Elevation drawings of all proposed structures.

3.

Details of all proposed signs.

4.

A landscaping plan detailing all new and existing landscaping to be incorporated into the design of the project.

5.

A floor plan of the proposed structure.

6.

A parking plan.

7.

Any other project-related information requested by the Planning Director.

8.

The actual application form and filing fee, which shall be established from time to time by re-solution adopted by the Board of Supervisors in accordance with such procedures as required by law.

C.

Notice of public hearings on applications for site development permits shall be as provided in Section 20.196.025(C).

D.

Action On Site Development Permits: All applications for site development permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission.

1.

The Zoning Administrator shall review, conduct public hearings, and decide upon all minor site development permit applications. Appeals of the Zoning Administrator actions shall be heard by the Board of Supervisors for a final decision in accordance with Section 20.208.015. The Planning Commission shall review, conduct public hearings, and decide upon all major site development permit applications. Appeals of the Planning Commission actions shall be heard by the Board of Supervisors for a final decision in accordance with Section 20.208.015.

2.

At the discretion of the Planning Director, any site development permit applications may be directed to the Planning Commission for consideration and decision-making action.

3.

The design principles contained in Exhibit A (Design Guidelines—Commercial Projects Outside the Downtown Design District) shall be applied to every site development permit application.

4.

Any site development permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.

(Ord. No. 4139 (part), adopted 2005)

The Zoning Administrator and/or Planning Commission shall make findings when acting to approve any discretionary permit within the Brush Street Triangle. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise 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 site development permit applications:

A.

The proposal is consistent with the goals, objectives, and policies of the County General Plan.

B.

The location, size, and intensity of the proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern.

C.

The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding uses.

D.

Sufficient landscaped areas have been reserved for purposes of separating or screening the proposed structure(s) from the street and adjoining building sites, and breaking up and screening large expanses of paved areas.

E.

The proposed development will not restrict or cut out light and air on the property, or on the property in the neighborhood; nor will it hinder the development or use of buildings in the neighborhood, or impair the value thereof.

F.

The improvement of any commercial or industrial structure will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district.

G.

The proposed development will not excessively damage or destroy natural features, including trees, shrubs, creeks, and the natural grade of the site.

H.

There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) and grounds to avoid monotony and/or box-like uninteresting external appearance.

(Ord. No. 4139 (part), adopted 2005)

Conditions of project approval may be imposed on site development permit applications.

A.

In approving a site development permit, 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 20.240.030 and (2) the mitigation of any "significant adverse environmental impacts" of the development as required by the California Environment Quality Act and the provisions of the ROAD IMPROVEMENTS AND LAND USE AGREEMENT—7/19/04. Nothing in this Section shall be construed to limit the discretion of the authority of the Zoning Administrator or Planning Commission to require conditions.

B.

The Zoning Administrator or Planning Commission may condition a site development permit 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 site development permit 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 site development permit 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. 4139 (part), adopted 2005)

The site development permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the permit shall be deemed legally effective when finally approved by the Board of Supervisors.

(Ord. No. 4139 (part), adopted 2005)

The following provisions detail the site development permit expiration and revocation process:

A.

Revocation: An approved site development permit may be revoked if the site development project is not being conducted in compliance with the site development permit, as conditioned, or:

1.

If any project for which a site development permit has been granted and issued is not established within two (2) years of the site development permit's effective date: or

2.

If the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months.

B.

Procedure: If a site development permit is subject to revocation under subsection 20.240.045(A) of this Section, the County shall follow the procedures set forth herein.

1.

Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection 20.240.025(C) of this Section.

2.

Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with Section 20.240.030.

3.

Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 20.208.015 of this Title.

C.

New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to this Section, from applying for a new permit in accordance with the procedures for new applications.

D.

Renewal: Site development permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Planning and Building Services Department. The applications shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a site development permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal applications. An appeal of the Planning Director's decision may be made to the Board of Supervisors for a final decision. Any such appeal must comply with the requirements of Section 20.208.010.

(Ord. No. 4139 (part), adopted 2005)

Chapter 20.240 of this Code shall be in effect only until January 1, 2007, and is repealed as of that date unless one of the following occurs before that date:

A.

An ordinance enacted after the effective date of this ordinance extends or repeals this section; or

B.

The City of Ukiah has, in compliance with the ROAD IMPROVEMENT AND LAND USE AGREEMENT referred to in Section 20.240.015, constructed the Orrs Creek Bridge and opened it to passage by vehicular traffic.

(Ord. No. 4139 (part), adopted 2005)