Score: -4
(2/0/6)
Mendocino County Grand Jury
• 2016-2017
Formula Business Restriction Nimby Overreaction?
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 8 findings
F1
Formula businesses are restricted or prohibited, except when they are not. Ordinances are written and applied in different jurisdictions resulting in dissimilar treatment of similar businesses, and even applied differently in the same jurisdiction.
Related Recommendations (2)
R1
The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
R2
The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
F2
The proposed County Community Character Combining District Ordinance adds additional expense and time, discouraging business permit applications in the County.
Related Recommendations (1)
R1
The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
F3
The City of Ukiah has applied its zoning ordinance inconsistently.
Related Recommendations (2)
R2
The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
R3
Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
F4
The downtown Ukiah formula business prohibition and the County Community Character Combining District Ordinance reflect an anti-business attitude that stymies economic growth.
Related Recommendations (3)
R1
The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
R2
The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
R3
Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
F5
Community character may be achievable through design modification.
Related Recommendations (2)
R1
The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
R3
Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
F6
In-N-Out Burger could have mitigated neighborhood concerns and Dollar General could have been required to provide design modifications if the code had not been written to allow “by right” commercial development.
Related Recommendations (1)
R2
The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
F7
The County Community Character Combining District zoning regulations go too far by adding time and expense to the application with the risk of capricious denial.
Related Recommendations (1)
R1
The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7)
F8
The “wisdom of the market place” should be allowed to determine the success or failure of business.
Related Recommendations (2)
R2
The County and Ukiah eliminate “by right” business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F3, F4, F6, F8)
R3
Ukiah modify the Ukiah City code to eliminate the prohibition on formula business in the downtown zone and treat all business development equally. (F3, F4, F5, F8) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Ukiah City Manager (F1, F3, F4, F5 and R2, R3) Pursuant to Penal Code §933.05, responses are required from the following governing bodies: • Mendocino County Board of Supervisors (F1, F2, F4–F8 and R1, R2) • Ukiah City Council (F1, F3–F5 and R2, R3) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Director, Mendocino County Planning and Building Services Department (F1, F2, F4–
Agency Responses 2
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No Responses Found 1
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Mendocino County Board of Supervisors
Elected County Office