§ 26-86

All uses permitted in Chapter 26 of the Sonoma County Code shall provide on-site parking according to the following formulas.

(f)

A portion of the above required parking spaces shall be provided for disabled persons consistent with state and federal law.

(g)

Vehicular and bicycle parking requirements for all uses not specifically enumerated herein shall be determined by the zoning administrator or the planning commission.

(h)

In most cases where mixed uses are proposed, the required parking for the use with the most restrictive parking standard may be utilized to meet the above standards; provided, that the applicant can demonstrate the effectiveness of the parking plan in relation to the proposed uses, and provided that future changes in the use of the property are subject to review by the decision-making body so as to maintain the effectiveness of such plan. Otherwise, each proposed use shall be required to meet its applicable parking standard.

(i)

The above parking standards may be reduced when it has been satisfactorily demonstrated to the planning director or applicable decision-making body that fewer spaces will adequately serve the specific use or that the applicant has encouraged transit opportunities through one (1) or more of the following:

(1)

Participation in a comprehensive travel demand management (TDM) program including, but not limited to, provision of flex-time, carpooling, and transit passes such that VMT generated by the project is reduced;

(2)

Provision of transit stops and/or turnouts developed in cooperation with and approved by Sonoma County Transit;

(3)

Provision of amenities for bicyclists, bus riders, carpoolers and pedestrians beyond those required by this section.

(j)

The parking standards may be increased when it is determined that employee parking substantially reduces the number of spaces needed for customer use.

(k)

The director may waive the requirement for parking to be covered, subject to administrative design review in accordance with Article 82, only where consistent with the neighborhood character and where either:

(1)

topographic conditions and/or small lot size make the provision of covered parking infeasible; or

(2)

the parking area will be visually screened from adjacent lots and from the common roadway(s) serving the property.

(l)

An exception to the required parking may be made in cases of re-use of existing buildings located within urban service areas or unincorporated communities where it can be demonstrated to the satisfaction of the decisionmaker that the provision of parking meeting the above requirements is not feasible, and the use is of the same or less intensity than the previous use.

(m)

The parking required may be reduced by up to twenty percent (20%) of total required spaces when it has been satisfactorily demonstrated to the planning director or applicable decision-making body that:

(1)

adequate parking for the projected use is provided such that the public health and safety is not compromised; and

(2)

that such design provides greater sustainability through the incorporation of amenities to encourage alternative modes of transportation and VMT reduction to offset GHG emissions from vehicle trips; and/or

(3)

that the reductions are required in order to implement Low Impact Development (LID) parking lot design, including onsite retention and treatment of stormwater.

Examples include the provision of covered secured bike parking or bike lockers, showers and changing areas for employees, vegetated swales, and connections to Class I facilities. The parking required may be reduced by ten percent (10%) when at least ten percent (10%) of the total spaces are provided as covered by solar panels. These reductions may be combined but the total reduction in the required number of parking spaces may not exceed twenty percent (20%).

(n)

The decision maker may increase the allowable percentage of compact spaces to not more than fifty percent (50%) of the total number of required spaces when the increase is needed to facilitate the provision of solar panels, EV charging stations, LID provisions, covered bike parking, connecting trails and the like.

(o)

For the purpose of establishing minimum dimensions for parking spaces, a solar covering shall not cause the "covered parking space requirements" to be triggered in an existing parking lot in order that solar panels may be installed over existing spaces. For new parking areas, dimensions for parking spaces to be covered by solar panels shall be of adequate width to allow doors to open freely.

(p)

Notwithstanding, the allowable modifications to required parking spaces and dimensions outlined above do not apply to accessible spaces otherwise required by code.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6458, § XIII, 12-5-2023; Ord. No. 6297, § II(Exh. C), 12-10-2019; Ord. No. 6247, § II(Exh. G), 10-23, 2018)

Editor's note— Ord. No. 6247, § II(Exh. G), adopted Oct. 23, 2018, repealed the former § 26-86-010 and enacted a new section as set out herein. The former § 26-86-010 pertained to similar subject matter and derived from Ord. No. 4643, adopted in 1993; Ord. No. 5569 §§ 4, 6, 7, 8, 10, adopted in 2005; Ord. No. 5711 § 8 (Exh. I), adopted in 2007; Ord. No. 5715 § 2, adopted in 2007; Ord. No. 5883, § IV, adopted March 30, 2010; and Ord. No. 6046, § II(c), Exh. B, adopted Sep. 10, 2013.

Sec. 26-86-020. - Bicycle parking and support facilities.

(a)

For nonresidential projects with fifty (50) or more employees, covered bike parking or bike lockers shall be provided at the rate of one (1) secured, covered space or bike locker for every eight (8) employees. Each covered bicycle space shall be a minimum of three (3) feet in width and six (6) feet in length, and have a minimum of seven feet of overhead clearance. For each three (3) covered bicycle spaces or bike lockers provided, the required onsite parking requirement may be reduced by one (1) space. For each shower and changing area provided as set forth in the table below, the required parking may be reduced by three (3)spaces.

(b)

In addition to the bicycle parking requirements set forth in subsection 26-86-010(a), the additional support facilities shown in the table below are recommended for nonresidential projects with fifty (50) or more employees that are located both within a designated urban service area and within one half of one (½) mile of a Class 1 bikeway:

(Ord. No. 6046, § II(c), Exh. B, 9-10-2013)

Article 88. - General Exceptions and Special Use Standards.[[35]]

Footnotes:

--- ( 35 ) ---

Editor's note— Ord. No. 6191, § II(Exh. A), adopted Jan. 24, 2017, amended the title of Article 88 to read as herein set out. The former Art. 88 was titled, "General Use and Bulk Exceptions—Building Lines."

Sec. 26-88-010. - General use provisions and exceptions.

The use regulations specified in this chapter shall be subject to the following general provisions and exceptions:

(a)

Public Transmission And Utility Lines. Public utility, transmission and distribution lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of obtaining a use permit; provided, that the routes of all proposed transmission lines shall be submitted to the planning commission for review and recommendation prior to acquisition of rights of way therefore or application to the public utilities commission.

(b)

Natural Resource Development. The development of natural resources as used within this chapter shall not be construed to mean the drilling of wells or other development or improvements made for the production of water for domestic or irrigation purposes by a person or persons not engaged in the business of furnishing or developing water.

(c)

Manufactured Home Storage. Manufactured homes for which zoning clearance for residential use has not been issued and which are in excess of eight feet (8′) in width and thirty feet (30′) in length may not be stored on any lot in any district other than in the C3, M1 M2 and M3 districts in compliance with adopted

regulations for such land use.

(d)

Christmas Tree Sales. Christmas tree sales may be permitted in the C, and M districts with a zoning permit provided, that the zoning permit is limited to a period not to exceed one (1) month.

(e)

Landfill Operations. Zoning permits may be issued for landfill operations utilizing imported material in any district only when the director is satisfied that there has been prior compliance with all other applicable provisions of this code and governing law, and that the filling will not be detrimental to neighboring property.

(f)

Entertainment Establishments. No dance hall, road house, night club, commercial club or any establishment where liquor is served, or commercial place of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than two hundred feet (200′) to the boundary of any residential district unless a use permit is first secured in each case.

No adult entertainment establishment shall be established except in the C3 (general commercial) district and except subject to the following limitations:

(1)

A minimum of one thousand feet (1,000′) from any other adult entertainment business;

(2)

A minimum of one thousand feet (1,000′) from any residential zoning district.

(g)

Minor Land Use Alterations; Grading Within Waterways. Use permit procedures for minor land use alterations and additions or for grading and excavation within a waterway which is also exempt from Section 26A-3a(i) of the county surface mining ordinance may be waived when it is demonstrated to the satisfaction of the planning director that the addition/alteration will not be detrimental to the health, safety or welfare of adjacent land uses or properties or when such alterations are required by another public agency.

(Ord. No. 3436.)

(h)

Multifamily, Commercial And Industrial Uses Within Cities' General Plan Boundaries. The board of supervisors finds and determines that cities have a special and important concern with respect to multifamily (fourplex or larger), commercial and industrial uses that might be established in unincorporated portions of the county that lie within the boundaries of the various city general plans. It is possible that cities will annex at least some of such property in the future. When annexed, the development then existing on such property should be consistent with the particular city's development plan for the area. The procedure established in this section is intended to protect the integrity of city general plans and to permit development that is consistent with the most appropriate development plan for the area involved.

When multifamily (fourplex or larger), commercial or industrial uses are permitted uses under the applicable zoning district regulations, no zoning permit or building permit for any of such uses shall be approved unless:

(1)

The planning director sends a written notice to the affected city stating "the Sonoma County planning department will issue a zoning permit for a (use) on this property if written appeal is not received within twenty (20) days from the date of this notice;" and

(2)

The affected city does not file a written appeal with the planning director requesting a hearing before the planning commission within ten (10) days from the date notice is sent. In the event that the affected city does file a written appeal requesting a hearing before the planning commission within the required time period, the planning commission shall hold a hearing and the decision of the planning commission shall be based on whether the use requested by the application will be consistent with the various elements and objectives of the general plan and will promote the public health, safety, comfort, convenience and general welfare. Notice shall be given in the manner set forth in Section 26-92-050(a). If an appeal is taken to the board of supervisors, the board's decision shall be governed by the same standard.

This subsection shall apply only if both of the following conditions are met:

(i)

The property is within an existing city public sewer service area as shown on the map attached to the ordinance codified in this chapter and on file in the public works department, or within an area projected to be served by public sewers by the Sonoma County local agency formation commission or within the area designated on those certain maps submitted by cities as growth areas and adopted from time to time by the board of supervisors entitled "city-county permit referral maps;"

(ii)

The existing zoning and city general plan are not identical.

(i)

Outdoor Vendors. Outdoor vendors are authorized subject to the following standards:

(1)

All sales will take place at least twenty feet (20′) from the nearest property line, but in no case shall such sales take place within twenty feet (20′) from the edge of any road right-of-way.

(2)

Parking shall be designated for a minimum of three (3) automobiles, located at least twenty feet (20′) off the public right-of-way or twenty feet (20′) from the front property line with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.

(3)

No freestanding signs shall be allowed. Two (2) attached signs shall be permitted no larger than sixteen (16) square feet each in area and not located within twenty feet (20′) of the public right-of-way.

(4)

The outdoor sales shall not be conducted in a manner so as to cause a traffic hazard to passing motorists due to poor visibility and/or inadequate sign distance for safe ingress and egress.

(5)

The area designated for outdoor vendor activities, excluding parking, shall not be greater than five hundred (500) square feet unless the zoning administrator finds that a larger area so designated will not be detrimental to the health, safety or general welfare of persons residing or working the area.

(6)

The use permit shall remain in effect for a maximum of one (1) year, after which approval of a new use permit will be required to continue. The planning director or designee may issue the second and subsequent use permit without a public hearing based upon evidence submitted by the applicant that the operation was conducted in compliance with the conditions and provision of the previous use permit. Uses not authorized by a valid use permit will be subject to abatement proceedings.

(7)

All applicable permits from other county departments shall be obtained prior to operating the outdoor vendor business on the premises.

(Ord. No. 3348.)

(j)

Open Space Easements. The board of supervisors may require, on appeal or otherwise, and the planning commission may recommend, as a condition of approval of a development application, the dedication of an open space easement on all or a portion of the property to be developed. Applications for development shall include, but not be limited to, applications for general plan amendments, specific plan amendments, rezonings, major and minor subdivisions, use permits or precise development plans. Prior to requiring an open space easement or an offer of easement pursuant to this section, the board or commission shall make one (1) of the findings set forth in subsections (j)(1) through (3) in addition to making the findings set forth in subsections (j)(4) and (5).

(1)

The area which is to be the subject of the open space easement is characterized by great natural scenic beauty; or

(2)

The existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development; or

(3)

The existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources;

(4)

The imposition of the open space easement bears a reasonable relationship to the public welfare;

(5)

The acquisition of the scenic/open space easement is consistent with the general plan.

Open space easements exacted pursuant to this section may, at the discretion of the board or commission include, but not be limited to, any of the following:

(i)

A provision that the subject property shall be used only for those purposes which will maintain the existing open and scenic character of the property;

(ii)

A prohibition on the placing or erecting or causing the placement or erection of any new building, structure or vehicle intended for human occupancy or commercial purposes at the site;

(iii)

A prohibition of any act which will materially change the general topography or the natural form of the subject property;

(iv)

A prohibition on the division of the subject property into two (2) or more parcels under separate ownership by sale, gift, lease or otherwise except such divisions necessary for public acquisition;

(v)

A reservation of rights to the grantors for all uses not inconsistent with the restrictions specifically enumerated in subsections (i) through (iv), inclusive including the right to prohibit entry thereon by unauthorized persons;

(vi)

A reservation of rights to the grantor to develop water sources, including springs, and to lay, construct, repair and replace pipes and conduits for the transportation of water;

(vii)

A reservation of rights to the grantors to manage the land and its resources in a manner consistent with accepted principles of conservation practice;

(viii)

A reservation of rights to the grantor to use and develop the subject property from time to time for agricultural purposes.

Open space easements exacted pursuant to this section shall run with the land and shall continue until such time as the board of supervisors, at its discretion, abandons the county's right to the easement or, if the easement so provides, the easement expires in accordance with its terms.

Nothing contained in this section shall be construed to limit the authority of the county to exact, as an alternative, open space easements in accordance with the provisions of Government Code Section 51070 et seq. (Ord. No. 3606).

(k)

See Section 26-88-015, tree protection ordinance.

(l)

Area Design Review Committees. Where development is proposed on parcels which are subject to area design review committees which have been created by resolution of the board of supervisors, the following shall apply.

(1)

Prior to issuance of a building permit, the development plan will be reviewed and approved, conditionally approved, or denied by the planning director on the basis of site planning as it relates to designated open space or design policies of adopted general, specific or area plans or other such design criteria as may have been adopted by the board of supervisors.

(2)

Concurrent with the submittal of the development plan to the planning director, the owner shall submit the advisory recommendation of approval, conditional approval or denial of the local design review committee with jurisdiction over the parcel.

(3)

The planning director shall consider the advisory recommendation of the local design review committee but shall not be bound by it.

(4)

Discretionary decisions of the planning director approving, conditionally approving or denying a building permit pursuant to this section are appealable in accordance with Section 26-92-040.

(m)

Residential use of a travel trailer, recreational vehicle, manufactured home, or other transportable housing unit as defined and allowed in the California Building Code shall meet the following standards:

(1)

Parcel shall be at least six thousand (6,000) square feet in size.

(2)

One (1) or more temporary units may be allowed per parcel subject to the requirements of this subsection.

(3)

The temporary unit shall meet zoning setback requirements, scenic resource (SR) requirements, existing building envelope restrictions, and, where applicable, have approval from board or specific plan designated design review committees.

(4)

The temporary unit shall not be considered a separate residential unit for the purpose of density or calculating development impact fees (sewer system, park and traffic fees, etc.).

(5)

The temporary unit shall have an approved connection to the existing or expanded septic system or sanitary sewer system. The unit shall also have an approved connection to the existing well or a public water system. The temporary unit shall have an approved electrical and/or gas source per the model California Residential Code. If a connection to an existing septic or sewer system is not feasible, then a contract for hold and haul services for domestic waste may be substituted for connection to an existing septic or sewer system, where the hauler is in compliance with all state law requirements, including holding a valid registration issued by the California Department of Toxic Substances Control for the transport of hazardous wastes.

(6)

Prior to the renewal of a permit for a temporary unit allowed under this subsection. The applicant must submit an application at least thirty (30) days prior to expiration of the term of the issued temporary permit. Applicants for renewal who provided a hold and haul contract in lieu of connection to on site septic or sewer systems on the previous term must provide proof of unbroken service from the servicing contractor as well as a contract for the new permit term.

(7)

Within sixty (60) days of cessation of the residential use described in this subsection, all occupancy of the unit shall cease, and the temporary unit shall be disconnected from all utilities and/or sewage disposal systems. For temporary units allowed during the construction of a single family dwelling or accessory dwelling unit, this requirement shall be a condition of final occupancy on the building permit for new construction.

(8)

Following required disconnection of utility service, the temporary unit may only remain on the property if such storage is permitted under Chapter 26 and all other applicable laws.

(9)

A travel trailer, recreational vehicle, manufactured home, or transportable housing unit used as temporary housing under this section shall not be allowed on any lot with health and safety hazards, as determined in the discretion of the director.

(10)

The following standards shall apply to the use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit for residential use is allowed in one (1) of the following conditions:

i.

During the construction or major remodel/addition of a single family dwelling. A building permit for the proposed construction must be ready for issuance.

ii.

Prior to the application of a building permit for, or during the construction of an accessory dwelling unit as allowed by the primary and combining zoning districts and as defined in Section 26-88-060. These temporary units are not allowed in the Z accessory dwelling unit exclusion combining districts. Water supply must be demonstrated pursuant to Section 7-12 of this code.

iii.

An administrative permit for the residential use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit shall be obtained. Such permits shall expire one (1) year from the date of issuance. Application for a temporary permit, or renewal of a temporary permit, shall be accompanied by a written statement, signed by the applicant under penalty of perjury, that the use will conform to the standards set forth in this subsection.

(11)

The following standards shall apply to the use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit as a caregiver unit:

i.

Use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit as a caregiver unit shall be limited to residential use by an ill, convalescent or otherwise disabled friend or relative needing care from the occupant of the primary residence, or a friend or relative providing necessary care for an ill, convalescent or otherwise disabled occupant of a permitted permanent residential unit on site. The need for care shall be documented by a letter from a physician.

ii.

An administrative permit for residential use of a travel trailer, transportable housing unit, or recreational vehicle shall be obtained. Such permits shall expire one (1) year from the date of issuance. Permits may be renewed annually. Permit and renewal applications shall be accompanied by a written statement, signed by the applicant under penalty of perjury, that the use will conform to the standards set forth in this subsection. Renewal applications shall be submitted prior to permit expiration and shall include an updated letter from a physician.

iii.

The number of caregiver units is limited to one (1) per legally established primary dwelling unit.

iv.

The temporary caregiver unit shall not be rented, let or leased.

v.

No more than two (2) people may occupy the travel trailer or recreational vehicle.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 6458, § XIV, 12-5-2023; Ord. No. 6406, § IV(Exh. A), 3-14-2023; Ord. No. 5964, §§ VIII, IX, 1-31-2012; Ord. No. 5570 § 2, 2005; Ord. No. 5569 § 9, 2005; Ord. No. 5154 § 1(a), 1999; Ord. No. 5016 § 1(q), 1997; Ord. No. 4839 § 1(F), 1994; Ord. No. 4643, 1993.)

Sec. 26-88-015. - Tree protection ordinance.

The use regulations specified in this chapter shall be subject to the following provisions and exceptions related to tree protection:

A.

General Provisions.

Defined terms. As used in this Section 26-88-015:

a.

A reference to "this ordinance" is to Section 26-88-015.

b.

A reference to a "subsection" is to a subsection A.—E. of this ordinance, unless otherwise specified.

c.

"Housing development project" shall be defined as provided in Government Code, Sec. 65589.5(h).

The intent of this ordinance is to:

a.

Support essential community and ecosystem functions of trees by requiring their protection and requiring mitigations for their removal; and b.

Facilitate hazard reduction, forest health, and property maintenance by exempting qualifying activities from permits or mitigations.

Except as otherwise provided in this ordinance, land uses shall be designed to avoid the destruction of protected trees.

Permit requirement.

a.

Unless a use permit is required per subsection A.4.b. or an exemption applies under subsection B., a ministerial zoning permit is required for removal of protected trees.

b.

Unless an exemption applies under subsection B., a use permit is required for the following:

Removal of redwoods with single stem d.b.h. exceeding forty-eight inches (48").

Removal of oaks and other hardwoods with single stem d.b.h. exceeding thirty-six inches (36").

Use permits for large tree removal shall not be approved unless the decision maker makes the findings required by Section 26-92-080, mitigation is provided for as described in subsection E of this ordinance, and the tree removal is done in a manner that is in support of the intent of this ordinance.

5.

A permit application for removal of protected trees shall:

a.

Include a site plan for that parcel that (1) identifies the area of the parcel that encompasses the protected perimeter of protected trees proposed for removal, and (2) within that area additionally identifies the following:

Protected trees greater than six inches (6″) diameter at breast height (d.b.h.) proposed for removal or retention; and

Existing and proposed structures, including agricultural and residential accessory structures; and

Existing and proposed land uses; and

Existing and proposed accessory uses of the land; and

Existing and proposed building envelopes; and

b.

Specify the proposed plan for complying with subsection E. for mitigation, including a description of and all locations of proposed plantings; and

c.

Be accompanied by required application fees and include all other information that may be required on the application form or by the director, necessary to make determinations under this ordinance.

Interpretation and application.

a.

As applied to a housing development project, this ordinance shall accommodate development at the density and intensity allowed by the site's zoning and as permitted in compliance with applicable state law, including but not limited to the state density bonus law.

b.

Compliance with this ordinance shall not render a legal parcel undevelopable.

Preemption. This ordinance shall apply except to the extent preempted by state or federal law.

Housing development projects that qualify as "housing for very low-, low-, or moderate- income households," as defined in Government Code Section 65589.5(h), and by right housing development projects that are zoning compliant and located entirely within a general plan-designated urban service area, are not subject to mitigation required by subsection E of this ordinance.

9.

Compliance with this ordinance does not alleviate the need to comply with all other local, state, or federal requirements that may be applicable to tree removal, including any prohibitions, permits, approvals, or authorizations required by local, state, or federal resource agencies.

Permit Sonoma and the Department of Agriculture are authorized to enforce this ordinance.

B.

Exemptions. The following activities are exempt from this ordinance, subject to the limitations and exceptions specified for each activity:.

1.

Health and Safety Exemptions.

i.

Fire Risk Reduction.

1.

Protected tree removal that is no more than necessary to comply with fire safety laws and regulations, including tree removal required to comply with state or local defensible space requirements, including Sonoma County Code Chapter 13A and California Public Resources Code Section 4291.

2.

Protected tree removal that is no more than necessary to obtain or maintain property insurance coverage, when required by an insurance company that insures an occupied dwelling or occupied structure, and when in accordance with the requirements and restrictions of state law, including Public Resources Code section 4291.

3.

Fire risk reduction activities that results in protected tree removal when the activity or tree removal is documented to be directed, ordered, overseen, recommended, or approved by the public agency having fire protection responsibility for the area. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

4.

Fire risk reduction activities that results in protected tree removal when the activity or tree removal is undertaken by the county, CAL FIRE, or other public agencies. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26- 02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

5.

Protected tree removal authorized by a plan, program, project, or entitlement subject to direct oversight of the tree removal work by a governmental agency.

ii.

Emergency Operations. Protected tree removal or activities that may result in protected tree removal undertaken by public agencies during emergency operations or in post-disaster remediation. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

iii.

Hazardous, Dead, Dying, or Diseased Trees.

1.

Removal of a hazardous, dead, dying, or diseased protected tree is exempt from this ordinance if either of the following criteria are met:

a.

The removal of the hazardous, dead, dying, or diseased protected tree occurs inside the defensible space zone of a structure, as defined by County Code Chapter 13A and state law applicable to defensible space; or

b.

The removal of the hazardous, dead, dying, or diseased protected tree occurs outside of the defensible space zone of a structure, and (1) the tree is within striking distance of a structure, (2) the tree creates a potential health and safety hazard due to the risk of the tree falling, and (3) the tree is structurally unstable, and the structural instability cannot be remedied.

2.

Removal of a hazardous, dead, dying, or diseased protected tree that would otherwise require a use permit for tree removal, requires a ministerial zoning permit, and is otherwise exempt from subsection E., "Required mitigations for removal of protected trees," of section 26-88-015, if the following criteria are met:

a.

The hazardous, dead, dying, or diseased tree is over thirty-six inches (36") dbh;

b.

Tree removal will occur outside of the defensible space zone of a structure as defined by county code Chapter 13A and state law applicable to defensible space;

c.

The permit application demonstrates that a certified arborist or registered professional forester has determined that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

3.

The removal of a hazardous, dead, dying, or diseased protected tree subject to a ministerial zoning permit is exempt from subsection E., "Required mitigations for removal of protected trees," of this ordinance, if the following criteria are met:

a.

The permit application includes a written determination by a certified arborist or registered professional forester that concludes that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

4.

An application for a permit for removal of the hazardous, dead, dying or diseased trees required by this ordinance may be submitted within thirty (30) days after hazardous tree removal, where immediate removal was necessary for public health or safety reasons.

5.

The director may waive standards that are otherwise applicable to a permit application for removal of a hazardous, dead, dying, or diseased protected tree, upon findings that such waiver is necessary to comply with subsection A.6. of Section 26-88-015.

2.

Stewardship and Resource Management Exemption.

1.

Resource conservation, restoration, or enhancement projects. Protected tree removal for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects where a public agency takes full responsibility for the work or has approved or funded the work. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

2.

Removal of protected trees provided for in a county approved oak woodland management plan, or forest management plan, natural communities conservation plan, habitat conservation plan, streamside conservation plan or similar conservation management plan as determined by the director.

3.

Forest Management Activities Exemption. Removal of protected trees is exempt from this ordinance if it meets any of the following criteria:

i.

Timber Harvest. The tree removal occurs as part of activities that are the subject of a valid timber harvesting permit approved by the State of California;

ii.

Timber Management. The tree removal occurs as part of activities that meet the definition of timber management on RRD or TP zoned parcels; or

iii.

Forestry Activities.

iv.

The tree removal occurs as part of activities defined in California Public Resources Code Sections 750 through 781 as forestry conducted on forested landscapes overseen by a registered professional forester.

4.

Pest Control Exemption. The protected tree removal occurs as part of selective vegetation removal that is part of an integrated pest management program administered by a state licensed pest control advisor.

5.

Maintenance of Existing Agricultural Activities Exemption. Unless otherwise specified, the following are exempt from this ordinance :

i.

Removal of protected trees no more than necessary to maintain existing grazing, livestock management, or similar agricultural production, not involving cultivation or structures, means: (1) maintenance of existing access roads; (2) maintenance of associated infrastructure; (3) activities necessary to maintain agricultural use of the existing agricultural operation. The intentional clearing of protected trees for the purposes of establishing new grazing or livestock areas is not exempt.

ii.

Removal of protected trees no more than necessary to maintain an existing cultivated agricultural crop area, as follows: (1) maintenance of existing access roads; (2) maintenance of drainage or drainage infrastructure; (3) maintenance of irrigation or irrigation infrastructure; (4) activities necessary to maintain agricultural use of the existing agricultural crop cultivation area, including planting, seeding, fertilizing, weeding, tree trimming, and harvesting.

iii.

Protected tree removal is not exempt from this ordinance if it is for the expansion of existing cultivation areas or the establishment of new cultivation areas into land not used for agricultural crop cultivation at the time this provision became effective, and no other exemption applies.

6.

Property Maintenance Exemption. Unless otherwise specified, the following are exempt from this ordinance:

i.

Residential maintenance activities. Protected tree removal no more than necessary for residential maintenance activities associated with a legally established residential structure or residential use, including maintenance of residential structures, fences, residential well and septic systems, and outdoor spaces used in conjunction with a residence, such as paths, yards, gardens, and landscaping.

ii.

Nuisance trees. Removal of a protected tree if it is or creates a nuisance. For the purpose of this exemption, nuisance means causing damage to improvements, such as but not limited to building foundations, retaining walls, roadways/driveways, patios, paths, sidewalks and decks, pipes, utility conduits, or otherwise interfering with the operation, repair, replacement or maintenance of public or private utilities.

iii.

Septic. Protected tree removal to allow an existing on-site sewage disposal system that poses a threat to human health or safety to be repaired or replaced, so long as no alternative option exists that would both cure the threat to human health and safety and avoid the protected tree removal.

C.Construction

Standards. Development permit applications proposing a project or activity involving disturbance on or within the protected perimeter of retained protected trees shall be subject to the following construction standards, unless the director waives one (1) or more standards and makes findings consistent with subsection A.6. of section 26-88-015:

1.

Protected trees, their protected perimeter and whether they are to be retained or removed are to be clearly shown on all improvement plans. A note shall be placed on the improvement plans that "Construction is subject to requirements established by Sonoma County to protect certain trees."

2.

Before the start of any clearing, excavation, construction or other work on the site, every tree designated for protection on the approved site plan shall be clearly delineated with a substantial barrier (steel posts and barbed wire , chain link fencing, orange construction fencing, or other exclusionary barrier) at the protected perimeter or limits established during the permit process. The delineation markers shall remain in place for the duration of all work. All trees to be removed shall be clearly marked. A scheme shall be established for the removal and disposal of brush, earth and other debris as to avoid injury to any protected tree.

3.

Where proposed development or other site work must encroach upon the protected perimeter of a protected tree, special measures shall be incorporated to allow the roots to obtain oxygen, water and nutrients. Tree wells or other techniques may be used where advisable. No changes in existing ground level shall occur within the protected perimeter unless a drainage and aeration scheme approved by a certified arborist is utilized. No burning or use of equipment with an open flame shall occur near or within the protected perimeter (except for authorized controlled burns).

4.

No storage or dumping of oil, gasoline, chemicals or other substances that may be harmful to trees shall occur within the protected perimeter of any tree, or any other location on the site from which such substances might enter the protected perimeter.

5.

If any damage to a protected tree should occur during or as a result of work on the site, the county shall be promptly notified of such damage. If a protected tree is damaged so that it cannot be preserved in a healthy state, the planning director shall require replacement in accordance with the arboreal value chart. If on-site replacement is not feasible, the applicant shall pay the in-lieu fee to the tree replacement fund.

D.

General Development Provisions. Development removing protected trees shall adhere to the following.

1.

Underground trenching for utilities shall avoid tree roots within the protected perimeter. If avoidance is impractical, tunnels should be made below major roots. If tunnels are impractical and cutting roots is required, it shall be done by hand-sawn cuts after hand digging trenches. Trenches shall be consolidated to serve as many units as possible.

Compaction within the protected perimeter shall be avoided.

3.

Paving with either concrete or asphalt over the protected perimeter should be avoided. If paving over the protected perimeter cannot be avoided, affected trees shall be treated as removed for purposes of calculating arboreal values.

4.

Wherever possible, septic systems and/or leachlines shall not be located on the uphill side of a protected tree.

5.

An application for a development permit that proposes removal of one (1) or more protected trees, or that would impact a protected tree, shall demonstrate that no feasible options are available to avoid removal or impacts to protected trees.

6.

Security posted for the purpose of insuring the proper construction of public or private improvements shall also include an amount sufficient to secure any requirements imposed pursuant to this section. In addition, security for potential tree damage shall be twenty-five percent (25%) of the amount posted for planned tree replacement. In lieu fees shall be paid prior to recording any maps. Such security shall not be released until protection requirements, including planting replacement trees, and any long term maintenance requirements have been satisfactorily discharged. The initial bond amount may be reduced to cover only the maintenance and replacement of trees after construction is completed.

7.

The Valley Oak-Quercus lobata shall receive special consideration in the design review and other discretionary permit processes to the extent that mature specimens shall be retained to the fullest extent feasible. Valley Oaks contribute greatly to Sonoma County's visual character, landscape, habitat, carbon sequestration and they provide important visual relief in urban settings. On existing parcels created without the benefit of an accompanying EIR, review shall focus on the preservation of Valley Oaks to the fullest extent feasible. Where such preservation would render a lot unbuildable, partial protection with accompanying appropriate mitigations developed by a certified arborist shall be incorporated into the project design. In such cases where only partial protection can be achieved, full replacement in accordance with the arboreal value chart shall be required.

E.

Required mitigations for removal of protected trees. Unless otherwise exempt, the removal of protected trees is subject to required mitigation, which shall be provided through tree replacements or in-lieu payment, consistent with the options provided in this subsection E.

1.

Option 1. Tree Replacement Using Arboreal Value Chart No. 1

2.

Option 2. In-lieu Payment. The following in-lieu payments apply:

a.

For tree removal requiring a use permit for the removal of redwoods with a single stem forty-eight inches (48") DBH or larger or the removal of protected hardwoods with a single stem thirty-six inches (36") DBH or larger, payment amount shall be determined using a methodology for tree replacement cost contained in the most recent version of "Guide for Plant Appraisal" published by the Council of Tree and Landscape Appraisers or an alternative methodology of common practice acceptable to the applicable decision maker issuing the permit. Appraisal of cost shall be conducted by a qualified professional certified or licensed to make such determinations.

b.

For protected tree removal not subject to the use permit requirements for the removal of redwoods with a single stem forty-eight inches (48") DBH or larger or the removal of protected hardwoods with a single stem thirty-six inches (36") DBH or larger, the in-lieu payment shall be five hundred ten dollars ($510.00) per arboreal value point as determined by Arboreal Value Chart No. 1.

Arboreal Value Chart No. 1: To Be Used for Measuring Protected Trees Proposed for Removal

EXPAND

Total Arboreal Value

The arboreal value (the A.V.) is used to calculate the replacement number or in-lieu fee payment.

Chart No. 2 Complete Site Analysis

An applicant utilizing mitigation plantings shall (1) submit a plan that identifies the location of mitigation plantings on-site, off-site, or on a combination of on- and off-site locations; (2) submit a plan for monitoring of replacement plantings for survival; and (3) where off-site mitigation plantings are planned, in whole or part, submit evidence acceptable to the director that suitable on-site locations are not available. Where mitigation plantings are utilized, and off-site planting is permitted, off-site locations that are geographically close to the on-site location of tree removal are encouraged.

Arboreal Valuations. All trees to be replaced shall be the same native species as that removed unless specific approval has been granted by the director or the agricultural commissioner.

** The large trees must come from nurseries where they have been irrigated.

*** Monitoring shall be required for a period of seven years to ensure that trees have survived. An annual report shall be prepared and submitted by the applicant to the Department identifying the status of mitigation plantings' survival. Any mortality that occurs during the reporting period shall be replaced.

In-lieu fees will be used to acquire and protect stands of native trees in preserves or place trees on public lands.

(Ord. No. 6478, § V(Exh. A), 4-30-2024)

Editor's note— Ord. No. 6478, § V(Exh. A), adopted April 30, 2024, set out provisions intended for use as Section 26-88-010(m). For clarity due to its length and to preserve the subsection numbering style, these provisions have been included herein as a new Section 26-88-015 at the discretion of the editor.

Sec. 26-88-020. - General lot area and width regulations and exemptions.

(a)

The use of land as permitted for the district in which it is located shall be permitted on a lot of less area or width than that required by the regulations for such district, unless the owner of such lot owns any contiguous lot, in which case such lots shall be treated as one lot; provided, however, that such lots shall not be treated as one (1) lot if any of the following four (4) conditions are met:

(1)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is served by public sewer and is at least five thousand (5,000) square feet in area;

(2)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is not served by public sewer and is at least twenty thousand (20,000) square feet in area;

(3)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to Williamson Act Agricultural Preserve Contract, and conforms to minimum income requirements set forth in the Agricultural Preserve Contract;

(4)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to timber preserve and is eighty (80) acres or larger.

(b)

For purposes of the section, "served by public sewer" means that a governmental agency providing sewer service states in writing and without qualification that it will provide sewer service to the subject property.

(c)

Contiguous parcels not conforming to subsections (a)(1), (2), (3) and (4) of this section may be merged into one (1) parcel subject to the provisions of Section 2612-030 of the subdivision ordinance.

(Ord. No. 4643, 1993.)

Sec. 26-88-030. - General height regulations and exceptions.

(a)

In an AR, RR, R1, R2, R3 or K district, no fence shall hereinafter be constructed to exceed six feet (6′) in height within any required side yard to the rear of the front line of any dwelling, or along any rear property line, nor to exceed three feet (3′) in height within any required front yard nor within fifteen feet (15′) of the street corner nor within any required exterior side yard on any corner lot, without first securing a use permit in each case.

nafter be constructed to exceed six feet (6′) in height within any required side yard to the rear of the front line of any dwelling, or along any rear property line, nor to exceed three feet (3′) in height within any required front yard nor within fifteen feet (15′) of the street corner nor within any required exterior side yard on any corner lot, without first securing a use permit in each case.

(Ord. No. 4643, 1993; Ord. No. 3180, § VI.)

Sec. 26-88-040. - General yard regulations and exceptions.

(a)

In the case of a through lot abutting on two (2) streets, no building shall be located so as to encroach upon the front yard required on either street. This provision may be waived for swimming pools when it is demonstrated to the satisfaction of the planning director that the location will not be detrimental to the health, safety or welfare of adjacent land uses or properties. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 3932.)

(b)

Any dwelling use to be located in any C district shall provide front, side and rear yards as required in the R3 district; provided, that this shall not apply to any dwelling use to be located over a commercial or industrial establishment.

(c)

Where irregular lot shapes prevent the direct determination of the area and yard requirements for a lot, the planning director shall make such determinations as necessary for the administration of this chapter.

(d)

In any case where an official plan line has been established as part of the street and highway plan, the required yards on the street side shall be measured from such official plan line, and in no case shall the provisions of this chapter be construed as permitting any structure to extend beyond any such official plan line.

(e)

In any case where a building setback line or building envelope has been established by a recorded parcel map, final subdivision map or a specific plan, and such setback is different from the setback required by the zoning district in which the parcel is located, the established building setback line cannot be waived by the planning director nor through a variance procedure.

(Ord. No. 3932.)

(f)

Protect and encourage agricultural production by establishing a buffer between agricultural production on lands either designated in one (1) of the three (3) agricultural land use categories in the general plan or lands included within the AR zoning district, where any such lands abut a nonagricultural land use conducted on land outside the three general plan land use categories. Generally, buffers shall be defined as a physical separation of one hundred (100) to two hundred feet (200′). These may be modified based upon topographic feature, a substantial tree stand, watercourse or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for buffer may be modified after hearing by the advisory agency following a written recommendation by the agricultural commissioner.

dred (100) to two hundred feet (200′). These may be modified based upon topographic feature, a substantial tree stand, watercourse or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for buffer may be modified after hearing by the advisory agency following a written recommendation by the agricultural commissioner.

Notwithstanding the provisions of Article 94 (nonconforming uses) where the imposition of the buffer creates a nonconforming condition, expansion or modification of such use may be permitted, provided that encroachment into the setback does not exceed that of the existing structure.

"Agricultural production," as used herein, means either an existing agricultural operation or an agricultural operation that would be a reasonably anticipated use. No buffer or setback shall be created by the acquisition of a portion of a parcel devoted to an agricultural operation.

The provisions of this subsection (g) of this section shall only apply to discretionary permits which are either appealable pursuant to the chapter or over which the board of supervisors has original jurisdiction.

(g)

In any TP, LIA, LEA, DA, RRD, RRDWA, AR or RR district the required yard standards may be reduced when the planning director finds that such reduction(s) are appropriate in light of topography, vegetation or unique physical characteristics. In determining such findings, consideration will also be given to visibility from

public roads and adjacent properties. Such reduction shall not result in a front yard of less than ten feet (10′) for any garage or carport opening. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 4643, 1993.)

Sec. 26-88-050. - Building lines.

(a)

Building lines may be established for the purpose of determining building locations. Such building lines shall be indicated on the zoning maps.

(b)

Building lines shall be measured from the property line or adopted plan lines and shall supersede the front yard setback requirements of the zoning district within which the particular parcel(s) is located.

(c)

Building lines shall be established in the manner provided by Article 94.

(Ord. No. 4643, 1993.)

Sec. 26-88-060. - Accessory dwelling units.

(a)

Purpose. This section implements the requirements of Government Code § 65852.2 and the provisions of the general plan housing element that encourage the production of affordable housing by means of accessory dwelling units (ADUs).

(b)

Definitions. As used in this section:

(1)

"Multifamily" means a structure with two (2) or more attached dwellings on a single lot.

(2)

"Objective standards" mean numeric and/or fixed 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 applicant and the public official prior to submittal.

(3)

"Primary residence" means an existing or proposed single-family dwelling or multifamily structure on the lot on which the ADU or ADUs is or are proposed to be established.

(4)

"Accessory structure" means a legally permitted structure that is accessory and incidental to a primary residence located on the same lot.

(5)

"Existing space" means floor area that is legally permitted or recognized as legal by the Director.

(6)

"Floor area" means the interior habitable area of the dwelling unit, including but not limited basements and attics, but does not include a garage or any accessory structure. Floor area shall be calculated by measuring the interior perimeter of applicable areas.

(7)

"Groundwater availability zone" means an area designated as Groundwater availability class 1, 2, 3, or 4 pursuant to the general plan water resources element and depicted on Sonoma County's groundwater availability map maintained by the permit and resource management department.

(8)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(9)

• "Studio" means a dwelling unit in which the living area is not separated from the sleeping area.

(10)

"Major transit stop" has the same definition as specified in Section 21155 of the Public Resources Code.

(11)

"High quality transit corridor" has the same definition as specified in Section 21155 of the Public Resources Code.

(c)

Applicability.

(1)

ADUs shall be ministerially permitted in zoning districts that allow single-family or multifamily dwellings, in compliance with Government Code § 65852.2, the requirements of this section, and all other requirements of the applicable zoning district in which an ADU is permitted. The department shall approve or deny an application to create an ADU within sixty (60) days from the date it receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

(2)

On lots in LIA, LEA, DA, and RRD zoning districts, ADUs shall be permitted in conjunction with a primary residence, except where a lot is eligible for one (1) or more agricultural employee housing units and an application has been filed for an ADU, that lot shall be eligible for one (1) fewer agricultural dwelling unit. Where a lot contains the maximum agricultural dwelling units permitted on the lot, those units are deemed ADUs and no additional ADUs are permitted. Agricultural employee housing includes farm family dwelling units, caretaker units, year-round farmworker housing, or agricultural employee dwelling units.

(3)

ADUs are prohibited in the Z (accessory dwelling unit exclusion) combining district.

(4)

ADUs with water provided by a groundwater well or spring in class 3 and 4 groundwater availability zones shall be limited as follows:

(i)

In class 3 areas, ADUs shall be permitted only if:

(A)

The domestic water source is located on the subject lot, or a mutual water source is available; and

(B)

Groundwater yield is sufficient for the existing and proposed use, pursuant to Section 7-12 of the Sonoma County Code.

(ii)

In class 4 areas, or critical habitat areas as identified by the county and informed by state or federal agency publications of critical habitat areas for fisheries, an ADU shall be permitted only if:

(A)

Both requirements for class 3 areas, above, are met; and

(B)

The ADU can be shown to have a net zero increase in water usage on the lot, following the most recent guidance, policy, or procedure adopted by the director of Permit Sonoma.

(d)

Density. As provided by Government Code § 65852.2, ADUs do not exceed the allowable density for the lot on which the ADU is located, and are consistent with the general plan and zoning for the lot.

(e)

Permit Requirements. Construction permits (including, but not limited to, building, grading, well, septic, and sewer permits, as applicable) shall be required to establish an ADU. ADUs must comply with applicable building and fire codes, including providing evidence of adequate wastewater disposal capacity, water supply, access, and that any required permits have been obtained and all applicable fees have been paid. Water supply must be demonstrated pursuant to Section 7-12 of this Code.

(f)

Fees. Applicable development fees shall be charged proportionately by the square footage of the ADU in relation to the square footage of the primary residence. On a lot that contains a multifamily dwelling, the proportionality shall be based on the average square footage of the units within the multifamily dwelling structure. No fees shall be charged for ADUs of less than seventy hundred fifty (750) square feet.

(g)

Timing. An ADU is allowed on a lot with an existing or proposed primary dwelling unit. A certificate of occupancy for an ADU shall not be issued prior to a certificate of occupancy for the primary residence. Existing dwellings meeting the standards of this ordinance may be re-designated as an ADU, when a new primary dwelling unit is proposed, and with the approval of a zoning permit.

(h)

Development Standards.

(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, 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:

(i)

On a lot that contains an existing or proposed single-family dwelling: One (1) ADU attached to a proposed single family dwelling or within the existing space of a single family dwelling or accessory structure, and one (1) detached, new construction ADU.

(ii)

On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and up to twenty-five percent (25%) of the existing units in the multifamily dwelling, but at least one (1), 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.

(3)

Location. ADUs shall be located subject to the following setbacks, and in conformance with any easements and building envelopes:

(i)

Front Yard Setback: As established by the base zoning district, unless compliance with the setback would not permit an ADU of eight hundred (800) square feet, meeting applicable height standards, with four-foot side and rear yard setbacks.

(ii)

Side and Rear Yard Setbacks: Four (4) feet.

(iii)

No setback shall be required for an ADU converted from existing space within the primary residence or an accessory structure, or for an ADU constructed in the same location and to the same dimensions as an existing accessory structure.

(iv)

Riparian Corridor Setbacks. ADUs shall observe applicable setbacks of the riparian corridor (RC) combining district as provided in Article 65 of this Code. If the setback would not permit an eight hundred (800) square foot ADU that meets applicable height standards, then the ADU shall provide a minimum of four-foot side and rear yard setbacks and comply with applicable permit requirements for development within the riparian corridor setback. An application for an ADU proposed within the RC setback shall not be considered complete until the applicable permit for development within the riparian corridor setback is obtained.

(v)

ADUs shall adhere to subsection (m), construction standards.

(4)

Height.

(i)

Detached, new construction:

(A)

On lots with an existing or proposed single-family residence, ADUs shall be limited to the height limit for accessory structures established by base zoning district, except that the maximum allowed height shall not be less than eighteen (18) feet.

(B)

On lots with existing or proposed multifamily dwellings, ADUs shall be limited to eighteen (18) feet in height.

(ii)

Attached to the primary residence, or converted from existing space in the primary residence: The ADU shall comply with the height limit established by the base zoning district.

(iii)

Attached to or converted from the entirety of or a portion of an accessory structure: On lots with single family or multifamily dwellings, the ADU shall be limited to the height limit for accessory structures established by the base zoning district, except that the maximum allowed height shall not be less than eighteen (18) feet. An ADU created through the conversion of an existing accessory structure may include an expansion of no more than one hundred fifty (150) square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress. In general plan-designated urban service areas, and where the unit is proposed to be located above an accessory structure, the maximum height shall be that established for the primary dwelling in the base zoning district.

(5)

Unit Size.

(i)

Detached or attached to the primary residence or an accessory structure, new construction: The maximum floor area shall be one thousand two hundred (1,200) square feet.

(iii)

Converted from existing space in a primary residence or an accessory structure: The maximum size of an ADU created through the conversion of existing space shall be the dimensions of the structure plus an addition of no more than one hundred fifty (150) square feet to accommodate ingress and egress. An expansion greater than one hundred fifty (150) square feet may be permitted up to a maximum unit size of one thousand two hundred (1,200) square feet.

(6)

Lot Size. No minimum lot size shall be required.

(7)

Lot Coverage. The lot coverage limitation of the base zoning district shall be applied, unless compliance with lot coverage would not permit an ADU of eight hundred (800) square feet, meeting applicable height standards, with four-foot side and rear yard setbacks.

(i)

Parking. One (1) parking space shall be provided. The parking space for an ADU may be located in an existing driveway as tandem parking.

(1)

Parking requirements do not apply in any of the following instances:

(i)

Where the ADU is located within one-half (½) mile walking distance to a transit stop.

(ii)

Where the ADU is on a lot within the HD (historic district) combining district.

(iii)

Where the ADU is part of a proposed or existing primary residence or an existing accessory structure.

(iv)

When the ADU is located on a lot where on-street parking permits are required, but not offered to the occupant of the ADU.

(v)

When the ADU is on a lot located within one (1) block of a car share vehicle.

(vi)

The ADU is a studio.

(vii)

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

(2)

Replacement parking shall not be required when a garage, carport, or covered parking structure is demolished in conjunction with construction of an ADU or converted to an ADU.

(j)

Standards for Conversions of Legal Nonconforming Residential Accessory Structures. ADUs converted from residential accessory structures determined to be legal nonconforming, pursuant to Article 94 of the Sonoma County Zoning Ordinance, shall be subject to the following requirements:

(1)

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.

(2)

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

(3)

Expansion of floor area within a nonconforming setback is limited to ten percent (10%), or at least one hundred fifty (150) square feet if necessary to accommodate ingress and egress.

(k)

Standards for ADUs Used to Meet the Affordable Housing Program Requirement. In addition to the standards set forth above, an ADU that is proposed to be made available for rent to another household in compliance with Article 89 requirements shall meet the following additional standards:

(1)

Separate Parking and Pathway. A designated parking space and a path of travel into the ADU that does not cross the private yard space of the main home.

(2)

Doorways. No connecting doorways between the ADU and the main unit, except for a shared laundry room or vestibule; and

(3)

Yard. Provision of a separate yard or open space area from that of the main dwelling. For ADUs located above other structures, this requirement may be met through the provision of a deck with no dimension of less than six (6) feet.

(l)

Design Standards. ADUs involving addition of floor area shall meet all objective design standards that apply to the lot. No discretionary review or permits shall be required to establish an ADU.

(m)

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 shall not be required in the ADU if the primary residence is not required to have fire sprinklers. Fire sprinklers may be required if a structure containing an ADU is greater than one thousand two hundred (1,200) square feet.

(n)

Use Restrictions.

(1)

Ownership. ADUs may be rented but shall not be sold or otherwise conveyed separate from the primary residence, except as specifically provided for by state law.

(2)

Duration of Tenancy. ADUs may not be rented for periods of less than 30 days.

(Ord. No. 6458, § XV, 12-5-2023; Ord. No. 6352, § IX(Exh. A), 9-14-2021)

Editor's note— Ord. No. 6352, § IX(Exh. A), adopted Sep. 14, 2021, repealed the former § 26-88-060 and enacted a new section as set out herein. The former § 26-88-060 pertained to similar subject matter and derived from Ord. No. 6191, § II(Exh. A), adopted Jan. 24, 2017; Ord. No. 6222, § II(Exh. A), adopted May 8, 2018; Ord. No. 6285, § IV(Exh. B), adopted Sep. 17, 2019.

Sec. 26-88-061. - Junior accessory dwelling units.

(a)

Purpose. This section implements the requirements of Government Code § 65852.22 and the provisions of the General Plan Housing Element that encourage the production of affordable housing by means of accessory dwelling units.

(b)

Definitions. As used in this section:

(1)

"Single-family residence" refers to the existing or proposed dwelling unit within which the junior accessory dwelling unit is established.

(c)

Applicability. 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 § 65852.22, the requirements of this section, and all other requirements of the applicable zoning district. The department shall act on an application to create an JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

(d)

Permit Requirements and Fees. Construction permits (including, but not limited to, a building, well, septic, and/or sewer 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.

(e)

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

(f)

Development Standards.

(1)

Number of Units. One (1) 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. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single-family residence.

(6)

Kitchen. A JADU shall include an efficiency kitchen.

(g)

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.

(4)

Deed Restriction. The property owner shall record a deed restriction that:

(i)

Prohibits sale of the JADU separate from the single-family residence;

(ii)

Specifies that the deed restriction runs with the land and is enforceable against future property owners;

(iii)

Restricts the size and attributes of the JADU to those established by this section and Government Code § 65852.22; and

(iv)

Makes the county a third-party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction.

(Ord. No. 6352, § X(Exh. B), 9-14-2021)

Editor's note— Ord. No. 6352, § X(Exh. B), adopted Sep. 14, 2021, repealed the former § 26-88-061 and enacted a new section as set out herein. The former § 26-88-061 pertained to similar subject matter and derived from Ord. No. 6191, § III(Exh. B), adopted Jan. 24, 2017.

Sec. 26-88-063. - Cottage housing developments.

(a)

Purpose. This section implements the provisions of the General Plan Housing Element that encourage new types of housing to meet a wide variety of housing needs, and encourage infill projects on underutilized urban land. Cottage housing developments are a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent low-density residential uses. This section allows up to three (3) units as interior conversion of a single-family home (attached cottage housing developments), or detached cottage housing developments, generally small, detached units clustered around common open space, designed with a coherent concept.

(b)

Applicability. This section applies to cottage housing developments where allowed by the base or combining zone.

1.

Cottage housing developments are allowed in the R1 (Low Density Residential) and R2 (Medium Density Residential) Zoning Districts, as provided in Articles 22 and 24 of this Code. Cottage housing developments must meet the development criteria of the base zone with the following additional standards and exceptions.

2.

Cottage housing developments may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a cottage housing development only if the single-family residence is included in the total floor area allowance per subparagraph (g)(2)(ii) below.

3.

Until January 1, 2023, cottage housing developments shall be limited within the Sonoma Complex fire perimeter as follows:

i.

One (1) per radius of four hundred feet (400') in Glen Ellen.

ii.

Prohibited in the Larkfield-Wikiup area within the fire perimeter.

(c)

Occupancy. Cottage housing units may not be rented on a transient basis (periods less than thirty (30) days).

(d)

Siting Requirements.

1.

Urban Service Area. The proposed site must be located within an Urban Service Area and be served by public sewer.

2.

Minimum parcel size. The minimum parcel size shall be eight thousand (8,000) square feet.

Setbacks. Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10') .

(e)

Parking. Cottage housing developments shall be subject to the parking provisions in Article 86.

(f)

Accessory structures that serve on-site users and are subordinate in use and scale to the cottages are allowed subject to lot coverage limitations of the base zoning district and design review.

(g)

Design and Development Standards. Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions:

1.

Density. On parcels that meet the minimum parcel size, the maximum density shall be one (1) cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.

2.

Size. The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes allowed by use permit.

(h)

Site Layout.

1.

Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.

i.

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

2.

Orientation of Cottages. Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged.

(Ord. No. 6247, § II(Exh. I), 10-23, 2018)

Sec. 26-88-070. - Recycling collection and processing facilities.

The criteria and standards for recycling collection and processing facilities are as follows:

(a)

Permits Required.

(1)

No person shall place or permit placement, construction or operation of any recycling facility, including reverse vending machine, large or small collection facility, or light or heavy processing facility without first obtaining a use permit or design review approval pursuant to the provisions set forth in this section. Subject to the restrictions and requirements of this section, recycling collection and processing facilities may be permitted as set forth in the following table:

(2)

A planned community (PC) district may expressly permit or prohibit recycling facilities. Where a PC district does not specifically address such facilities but allows uses permitted in the C1, LC, RC, C2, C3, PF, M1, M2 districts, reverse vending machines and small collection facilities may be permitted with an administrative

design review permit.

(3)

A single administrative design review permit may be granted to allow more than one reverse vending machine or more than one small collection facility, even if located on different sites, pursuant to the following criteria:

(i)

The operator of each of the proposed facilities is the same;

(ii)

The proposed facilities are determined by the director of planning to be similar in nature, size and intensity of activity;

(iii)

All of the applicable criteria and standards set forth in this section are complied with.

(b)

Reverse Vending Machines. Reverse vending machines shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial or public facility use, which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to Sonoma County fire code, Uniform Building Code and zoning ordinance;

(2)

Shall, when associated with a commercial or industrial use, be located within thirty feet (30′) of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation;

(3)

Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered;

(4)

Shall be clearly marked to identify the type of material to be deposited;

(5)

Shall have a sign area of a maximum of four (4) square feet and sign(s) shall be attached to the machine;

(6)

Shall be no more than eighty (80) cubic feet in bulk and no more than eight feet (8′) in height per machine;

(7)

The operator of the reverse vending machine and the operator of the primary use, on a daily basis, shall remove any and all recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines;

(8)

Reverse vending machines located within a structure in which the primary use is located shall not require any permits under this section;

(9)

Where a reverse vending machine is located nearer than fifty feet (50′) to a residential property, structure barriers shall be provided to reduce noise impacts;

(10)

Reverse vending machine operation may be limited to the hours of operation of the host use.

(c)

Small Collection Facilities. Small collection facilities shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial use institutional or community facility public facility use which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to the Sonoma County fire code, Uniform Building Code and zoning ordinance;

(2)

Containers shall be constructed and maintained with durable waterproof, rustproof and fire resistant material and shall be covered at all times when not attended;

(3)

Containers shall be clearly marked to identify the type of recyclable materials which may be deposited. A sign shall be displayed stating that no materials shall be left outside designated containers;

(4)

Facilities shall be clearly marked to identify the name and telephone number of the facility operator;

(5)

The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;

(6)

The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any loading facilities;

(7)

The facility shall be set back at least twenty feet (20′) from any street or right-of-way;

(8)

The facility shall not impair the landscaping required for any concurrent use or any permit issued pursuant thereto;

(9)

The noise level for the collection facility shall not at any time exceed fifty-five (55) dBA as measured at the property line of any residentially zoned or residentially used property, and shall not exceed sixty-five (65) dBA;

(10)

The facility shall not include power-drive sorting and/or consolidation equipment such as crushers, balers or bulk reverse vending machines;

(11)

Signs may be provided as follows:

(i)

Maximum sign area shall be four (4) square feet,

(ii)

No illuminated signs, and

(iii)

Signs must be consistent with the character of the location;

(12)

Use of the facility for collection or disposal of refuse or hazardous material is prohibited;

(13)

The facility shall be removed from the site no later than the date following expiration of the zoning permit for the primary use of the property or the state certification permit, whichever expires earlier;

(14)

The facility shall be in operation only during the hours of operation of the primary use, unless permission is otherwise given by the operator of primary use;

(15)

The facility shall conform to all development regulations for the zoning district in which it is located;

(16)

The occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:

(i)

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation,

(ii)

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site,

(iii)

The use permit or design review approval will be reconsidered at the end of eighteen (18) months.

If the conditions set forth in subsections (c)(16)(i) through (iii) of this section exist, a reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a priority commercial or industrial host use:

For a primary institutional use. A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the primary use;

(17)

The facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins or enclosures intended as receptacles for such materials;

(18)

Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to all types of beverage and food containers made from aluminum, nonaluminum metal, glass and plastic, and in appropriate circumstances the county may require collection of all types of recyclable materials as a condition of design review approval. Small collection facilities may collect newspapers and cardboard in containers constructed of nonflammable materials.

(d)

Large Collection Facilities. Large collection facilities shall meet the following conditions:

(1)

The facility will be screened from the public right-of-way and adjacent properties zoned, planned or used for residential purposes by operating in an enclosed building or:

(i)

Will be located within an area enclosed by an opaque fence at least six feet (6′) in height with landscaping;

(ii)

Will meet all the noise standards set forth in subsection (d)(7) of this section.

(2)

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

(3)

Materials stored outside shall be bailed, palletized, densified or in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire district, California Department of Forestry and the Sonoma County public health department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

(4)

The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.

(5)

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

(6)

In addition to the parking spaces required in subsection (d)(5) of this section, one (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

(7)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, and shall not otherwise exceed seventy (70) dBA.

(8)

If the facility is located where it abuts property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

(9)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(10)

Unattended donation areas will be kept free of litter and any other undesirable material and the containers will be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers.

(11)

The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs will meet the standards of the zone. Directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(12)

Power-drive processing, including aluminum foil and can compacting, bailing, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process where noise standards can be shown to be complied with.

(13)

Other conditions may be required in connection with the use permit process.

(e)

Light and Heavy Processing Facilities. A light or heavy processing operation shall meet the following conditions:

(1)

The facility shall be screened from the public right-of-way and adjacent properties zoned, planned or occupied for residential use.

(2)

Processors will operate in a wholly enclosed building except for incidental storage, or shall operate within an area enclosed on all sides by an opaque fence or wall not less than eight feet (8′) in height and landscaped on all street frontages.

(3)

Power-drive processing shall be permitted, provided noise level requirements of subsection (e)(11) of this section are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

(4)

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and may not shred, compact or bale ferrous metals other than food and beverage containers.

(5)

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(6)

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

(7)

Materials stored outside shall be baled, palletized, densified or shall be in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the local fire district, Department of Forestry and Department of Public Health. No storage excluding truck trailers and overseas containers will be visible above the height of the fencing.

(8)

The site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis, and will be secured from unauthorized entry and removal of materials when attendants are not present.

(9)

Parking space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers except where the planning director determines that a lesser amount is surrounding business and public safety.

(10)

In addition to the parking required by subsection (e)(g) of this section, one (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.

(11)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed seventy (70) dBA.

(12)

If the facility is located within five hundred feet (500′) of property zoned or planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

(13)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(14)

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited.

(15)

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

(16)

No dust, fumes, smoke, vibration or odor above ambient level shall intrude on neighboring properties.

(17)

Other conditions may be required as part of the use permit process.

(Ord. No. 4643, 1993.)

Sec. 26-88-080. - Reserved.

Editor's note— Ord. No. 6335, § II, adopted Feb. 9, 2021, repealed § 26-88-080, which pertained to large family day care and derived from Ord. No. 4643, adopted in 1993.

Sec. 26-88-085. - Agricultural farmstays.

(a)

Agricultural farmstays shall be permitted only in compliance with the requirements and standards of this section and all other requirements of the applicable zoning district, subject to the issuance of a zoning permit. The zoning permit shall expire upon sale or transfer of the property or upon the owners moving their primary residence off the property, unless there is a tenant farmer continuing to operate the farm and farmstay.

(b)

Performance Standards.

(1)

Where Allowed. Agricultural farmstays shall only be located on parcels that produce commercial agricultural products. The agricultural farmstay lodging and meals shall be incidental and secondary to the primary agricultural operation.

(2)

Dwellings Allowed. Agricultural farmstays shall be provided in a legally established residence or guest house as defined in Section 26-02-140. Agricultural farmstays shall not be located within agricultural employee housing, seasonal or year-round farmworker housing, farm family dwellings, or accessory dwelling units. Tents and recreational vehicles (RVs) are not allowed as a part of an agricultural farmstay. Only one (1) farmstay is allowed per agricultural enterprise in compliance with the permitted residential density.

(3)

Owner/Operator in Residence. The owner of the land on which an agricultural farmstay facility is located, or a tenant farmer, shall reside on the property. A homeowner's exemption from property tax or lease agreement may constitute evidence of this requirement.

(4)

Maximum Number of Bedrooms and Guests. Agricultural farmstay establishments may have a maximum of five (5) bedrooms or sleeping rooms. The maximum overnight occupancy for agricultural farmstays shall be two (2) persons per sleeping room or bedroom. Children under three (3) years of age shall not be counted toward occupancy. If a lower limit is stated on the applicable septic permit, the maximum overnight occupancy shall be that stated on the septic permit.

(5)

Food Service. An agricultural farmstay facility may serve food or meals at any time, but only to registered guests. The price of food shall be included in the price of the lodging. An agricultural farmstay facility that serves food shall maintain a food facility permit as required by the Health and Safety Code.

(6)

Agricultural Promotion. The operator of the farmstay establishment shall engage in a program of agricultural promotion and guest education regarding the agricultural activities on-site and in the area, and may include active participation in the on-site agricultural activities as part of the consideration for the lodging. An Agricultural Promotion Plan shall be prepared and submitted with the farmstay application that demonstrates the primary use of land is agriculture and that the use promotes and educates guests about local agriculture.

(7)

Noise Limits. All activities associated with the agricultural farmstay shall meet the standards contained in Table NE-2 and Policy NE-1c of the General Plan Noise Element.

(8)

Events. Non-agricultural activities, agricultural promotional events and cultural events that involve more than the registered farmstay guests are not allowed, except that occasional cultural events, such as parties, weddings or other similar activities may be permitted with a cultural event zoning permit up to four (4) times per year, but for no more than two (2) years in a row.

(9)

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning and suitably sized septic system or sewer connection for the farmstay. In some cases, a per-room sewer fee may be applied.

(10)

Transient Occupancy Tax. The agricultural farmstay owner shall maintain a transient occupancy tax (TOT) license and remain current on all required TOT reports and payments. The owner or authorized agent shall include the TOT certificate number on all contracts or rental agreements, and in any advertising or websites.

(Ord. No. 6255, § I(Exh. A), 1-8-2019; Ord. No. 5964, § X, 1-31-2012)

Sec. 26-88-086. - Marketing accommodations.

(a)

Purpose. This section provides standards for permitting of private marketing accommodations for use by distributors, investors, partners and owners of the processing facility for short term occupancy related to the agricultural operation. These standards are intended to ensure that marketing accommodations are compatible with and do not adversely impact surrounding agricultural uses.

(b)

Applicability. Marketing accommodations shall only be located on parcels where the use promotes or markets agricultural products processed on the site and complies with applicable policies of the General Plan Agricultural Resource Element. Marketing accommodations shall not be permitted within accessory dwelling units, or in structures with County covenants or agreements restricting their use including, but not limited to, affordable housing units, agricultural employee units, farmworker housing, or farm family units.

(c)

Where Allowed. Marketing accommodations are allowed in agricultural and resource zones. Marketing accommodations are not allowed on properties where hosted rentals or vacation rentals are present.

(d)

Maximum Number of Units. No more than two (2) marketing accommodation units are allowed per winery operation or processing operation.

(e)

Size of Unit. Each marketing accommodation shall not exceed six hundred forty (640) square feet in size and shall not include a kitchen.

(f)

Performance Standards.

(1)

No Commercial Use. Marketing accommodations shall not be rented for transient occupancy or used commercially as part of direct to consumer promotions.

(2)

Noise Limits. All activities associated with the marketing accommodation shall meet the standards contained in Table NE-2 and Policy NE-1c of the General Plan Noise Element.

(3)

Structures. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a marketing accommodation.

(4)

Affordable Housing. Marketing accommodations shall not be permitted within accessory dwelling units, nor in structures or dwellings with county covenants or agreements restricting their use including but not limited to affordable housing units, agricultural employee units, or farmworker housing.

(5)

Temporary Structures Prohibited. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a marketing accommodation.

(6)

Williamson Act. Any such use on a parcel under a Williamson Act contract must establish that the marketing accommodation is consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations

(Ord. No. 6255, § II(Exh. B), 1-8-2019)

Sec. 26-88-090. - Manufactured homes placed on permanent foundations.

(a)

Purpose. To increase the supply of housing and variety of housing types available to the public by establishing a method for placement of manufactured homes on permanent foundations on individual lots, while architecturally integrating the mobile home into the surrounding neighborhood.

(b)

Application. One (1) manufactured home per lot is permitted pursuant to subsection (c) of this section, wherever the single-family dwelling is permitted, provided that no other residential structures exist on the property. Additional manufactured homes, or manufactured homes which constitute additional residential units, may be permitted pursuant to this section where additional single-family dwellings are permitted, subject to obtaining a use permit or use permit waiver.

The provisions of this section shall not apply to the J (manufactured home exclusion) or HD (historic combining) districts, nor shall these provisions apply to manufactured homes used to house full-time agricultural employees where not placed on a permanent foundation. Manufactured homes in the SD combining district will require design review.

(c)

General Requirements.

(1)

Effect of Locating a Manufactured Home on a Permanent Foundation System. A manufactured home which has been placed on a single lot and on a permanent foundation system pursuant to this section shall be deemed to be a single-family dwelling, and subject to local property taxation pursuant to Section 18551 of the Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

(2)

Construction Standards. A manufactured home shall not be located on a permanent foundation system on a single lot unless:

(i)

(A)

It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and less than ten (10) years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; or

(B)

It is factory-built housing as defined in California Health and Safety Code Section 19971; and

(ii)

It has not been altered in violation of applicable codes.

(Ord. No. 2985, § 2.)

(d)

Criteria. In the LIA, LEA, DA, RRD, RRDWA, TP, RR, AR, R1, R2, R3 and PC districts, manufactured homes placed on permanent foundations shall:

(1)

Be occupied only as a residential use type in compliance with all applicable regulations;

(2)

Be subject to all provisions of this chapter applicable to residential structures;

(3)

Have a minimum width of twelve feet (12′), not including "expander";

(4)

Be covered with an exterior material (including wood, stucco, masonite and horizontal "lap" siding) customarily used on conventional dwellings and approved by the planning director. The exterior covering materials shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering materials need not extend more than six inches (6″) above finished grade;

(5)

Have a roof with a pitch of not less than three inches (3″) vertical rise for each twelve inches (12″) of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the planning director;

(6)

Have eaves of a conventional design.

(Ord. No. 2985, § 2.)

(e)

Installation of Manufactured Home.

(1)

Surrender of Registration. Subsequent to applying for the required building permits and prior to occupancy, the owner shall request a certification from the building department that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured mobile home which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label pursuant to Section 18550(b) of the Health and Safety Code.

(2)

Compliance. The directors of building and planning shall determine that the project is in compliance with all requirements and conditions of the building permit prior to issuing final approval for occupancy.

(3)

Building Permit. Prior to installation of a manufactured home on a permanent foundation system the manufactured home owner or a licensed contractor shall obtain a building permit from the building department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

(Ord. No. 4643, 1993.)

Sec. 26-88-100. - Mobile home park standards.

(a)

Design and Development Standards. All mobile home parks where approved by a use permit in the R1, R2, R3 or PC district shall be developed in conformance with the minimum design and improvement standards in this section.

(b)

Design Review. All mobile home parks shall be subject to design review in accordance with Article 82.

(c)

Submittal of Plans. Development plans shall be submitted to the director at least ten (10) days prior to application for those permits required by Section 18500 of the Health and Safety Code or its successors, and any other pertinent permit requirements of the county and the Department of Housing and Community Development of the state.

Detailed drainage plans shall be submitted to and approved by the county water agency.

(Ord. No. 1928.)

(d)

Expansion and Staged Development. Development may be in stages so long as each stage meets the minimum standards of this section.

(e)

Density. The maximum permitted residential density for a mobile home park shall be one hundred thirty-five percent (135%) of the density established on the zoning map.

(f)

Park Area. No mobile home park shall be less than three (3) acres in area within the R1 Low Density Residential Zone District, or less than two (2) acres in area within the R2 Medium Density Residential and R3 High Density Residential Zones.

(g)

Setbacks. All structures and mobile homes shall maintain setbacks from the exterior property lines of the mobile home park in accordance with the regulations of the applicable zoning district; provided, however, that a setback of at least twenty feet (20′) shall be maintained from all exterior public roadways, so as to allow for fencing and landscaping in accordance with subsection (p) of this section.

(h)

Parking. Mobile home parks shall provide parking pursuant to Article 86, Parking. At least one (1) guest parking space shall be provided within a designated guest parking bay for every three (3) mobile homes. Guest parking shall be dispersed in parking bays throughout the development, and shall be in addition to the parking requirement which may be made for a community or recreational building commonly open to visitors. Where the interior streets of a mobile home park do not allow for parking on both sides, scattered parking bays of a minimum nine feet (9′) depth and containing from three (3) to five (5) visitor parking spaces are required to meet fire safe accessibility standards.

(i)

Recreational Space. Each mobile home park shall provide recreational space in accordance with applicable zoning district regulations for residential developments of similar size. Such recreation space may be provided as outdoor or indoor space, and may include such facilities as community swimming pools and other active recreational facilities, common landscaped and accessible walkways, developed recreational trails, parcourses, play areas and picnic areas, and indoor community gathering facilities. In no case shall credit toward the required minimum recreational area be granted for roadways, fire lanes, or parking areas. Recreation space design and location shall be approved by the director.

(j)

Utilities. All utility distribution facilities, including but not limited to electric, communication and cable television lines, installed in and for the purpose of supplying service to any mobile home park shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. The developer is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(k)

Storage Facilities and Garbage Collection. A minimum three-foot (3′) by five-foot (5′) by five-foot (5′) cabinet for storage shall be provided within the rear yard, or within the rear half of a side yard, on each site. Adequate trash enclosures and facilities for park residents which allow for the source separation and collection of household recycling and garbage collection shall be provided to the satisfaction of the director.

(l)

Accessory Uses. Accessory uses are those uses that are incidental to the original use, exist for the sole purpose of service to residents, are customarily found in multiple-family development, and do not alter the character of the original use. Any structure used for an accessory use shall meet all requirements for a main structure. Allowable accessory uses include vending machines, a common car wash, storage area for travel trailers and boats, a management facility, recreational facility, and other uses which in the opinion of the director are of a similar nature.

(m)

Occupancy of Recreational Vehicles (Travel Trailers). In the R2 or R3 zoning districts, and where allowed by the HCD license and the use permit, short-term overnight use of recreational vehicles may be permitted where adequate sewer and water hook-ups, parking capacity, and compliance with all applicable health and safety and building codes can be shown. In each case, such proposed use shall be included in the application for use permit so that compatibility may be reviewed. All such recreational vehicle spaces shall be designated on the development plan and shall be separated from permanent mobile home spaces. Overnight use of recreational vehicles or travel trailers in mobile home parks located within the R1 or PC zoning districts is prohibited.

(n)

Storage of RVs, Boats, Recreational Vehicles and Travel Trailers. In the R2 or R3 zoning districts, the storage of RVs, boats and travel trailers owned by permanent park residents may be permitted with a use permit. Any areas proposed for the storage of recreational vehicles (RVs, boats, and/or travel trailers) owned by permanent park residents shall be shown on the development plan. The storage area shall be fully screened, shall have no public access, shall allow only limited access by park residents, and shall be fenced and otherwise secured at all times.

(o)

Walls, Fences, etc. A six-foot (6′) wall, fence or landscape screen may be required along all perimeter boundaries of the mobile home park. The decision making body shall make a determination on the requirement for this fence on the basis of aesthetics and compatibility with surrounding proposed and existing development. Where a screening wall is required along a public street, it shall be placed fifteen feet (15′) from the public right of way, in order to allow buffer landscaping to be placed outside of the fence and adjacent to the public street. Such wall or fence, if required, shall not be less than forty-two inches (42″) in height nor greater than six feet (6′) in height.

(p)

Landscaping. All open or common areas, excluding mobile home sites, shall be landscaped and maintained. At least forty percent (40%) of all the open or common areas shall be landscaped with live materials. Landscaping shall include planting of trees of a five (5) gallon size along all perimeter boundaries of the mobile home park, at a minimum planting rate of one (1) tree per mobile home site. Additional trees and more mature trees may be required where they are being utilized for screening, or in lieu of fencing development. Plans shall indicate the means of irrigation for all landscaped areas, including perimeter areas where trees or other screening landscape are provided.

(q)

Signs. One non-illuminated or indirectly illuminated detached appurtenant sign not exceeding ten feet (10′) in overall height or thirty-two (32) square feet in area shall be permitted for each mobile home park, and shall be integrated into the landscape with the location and elevation approved by the director.

(r)

Access. All entry streets shall be paved to a minimum of twenty-five feet (25′), and no parking shall be allowed within fifty feet (50′) of the intersection. All interior park streets shall be paved to a width of not less than twenty-two feet (22′) from shoulder to shoulder where no on-street parking is allowed. Interior streets shall be thirty-three feet (33′) in width if car parking is permitted on one (1) side, and forty-one feet (41′) in width if car parking is permitted on both sides.

(1)

No park entry road shall be located closer than one hundred feet (100′) to any public intersection unless authorized by the director of transportation and public works.

(2)

A "looped" system of narrower interior roadways is encouraged in lieu of cul-de-sac streets. Where they are allowed, cul-de-sac streets shall have a minimum outside turning radius of thirty-eight feet (38′).

(3)

All interior corners shall have a minimum fifteen-foot (15′) radii unless a reduced dimension is authorized by the director or the decision maker.

(4)

Curbs and gutters shall be installed on both sides of entry and access roads. The planning commission may approve alternate treatment for vehicular, pedestrian and bicycle circulation where appropriate in cases of extreme topography or low-density developments.

(5)

All streets shall be adequately lighted. The placement, style and height of all street lighting shall be subject to design review and shall generally not exceed a height of twelve feet (12′) along interior streets or sixteen feet (16′) along the park entry road so as to avoid lighting glare and spill-over into adjoining properties. Any taller light standards used, including any "cobra-head" fixtures as may be required along abutting streets, shall incorporate full cut-off shields to eliminate lighting glare and spill-over into the night sky and onto adjoining properties.

(6)

Each site shall front on an access street. Alternatively, where mobile home sites are provided in clusters, no more than four (4) such clustered sites shall share a common frontage on an access street with a minimum ingress/egress width of twenty-four feet (24′).

(7)

Stop signs shall be provided at all intersections with all public streets.

(s)

Circulation. Proximity to public transit and alternative transportation modality shall be encouraged and accommodated. All mobile home park developments shall complement adjoining, existing or contemplated vehicle, transit and pedestrian/bicycle circulation patterns. All mobile home park developments shall dedicate such land adjoining public roads as may be required by the county for road widening purposes and improvements of the same to county standards may be required, as stipulated by the director of transportation and public works, to offset the burden placed on the public by the generation of new traffic.

(t)

Compliance with State Regulations and Other Regulations of the County. All pertinent state and county regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void or minimize such other pertinent regulations.

(Ord. No. 5569 § 10, 2005)

Sec. 26-88-110. - Low water use landscaping.

(a)

Purpose. The purpose of this landscape ordinance is to effect efficient water use through proper landscape design and management. County decision-making bodies or the planning director may grant exceptions from this code section where appropriate and justified in light of unique project circumstances or conditions. Any such exception shall be conditioned upon the applicant providing alternative means of water conservation. For the purpose of this chapter, "landscaped areas" shall be defined as ornamental planted areas, patios, decks, walkways and natural areas (excluding creek setback zones) within that portion of the lot to be developed. Pools, ponds and fountains will be considered on an individual basis.

(b)

Applicability.

(1)

The landscape ordinance is applicable to all new and rehabilitated landscaping in projects that are subject to county discretionary review, including common areas. When two (2) or more model homes are proposed in a residential complex, at least one (1) shall comply with this chapter. The low water use model home shall be identified with signage as water conserving.

(2)

The following projects are exempt from the landscape ordinance:

(i)

Landscaping on existing and proposed single-family lots. It is recommended but not required that front yard landscaping installed by developers on existing and proposed single-family lots comply with this chapter;

(ii)

Areas devoted to agricultural cultivation;

(iii)

Projects utilizing individual wells drawing groundwater for landscaping in water availability zones No. 1 and No. 2, as specified in the county general plan or by the county health department;

(iv)

Areas utilizing reclaimed wastewater for irrigation;

(v)

Public parks, golf courses, cemeteries, school recreational areas and private active use recreational areas where the applicant can demonstrate no other feasible alternative exists to turf groundcover.

(c)

Plant Selection. Plants selected in landscaped nonturf areas shall be well suited to the climate of the region and require minimal water once established. Plants that are of a higher water use variety shall be grouped together and be irrigated separately from water conserving plants.

(d)

Turf Selection and Limitations. Turf shall be limited to twenty-five percent (25%) (or thirty percent (30%) for drought tolerant turf varieties) of the projects landscaped areas. Infill lots, corner lots and other lots with more than one (1) street frontage may be permitted to have turf up to thirty-five percent (35%) (or forty percent (40%) for drought tolerant turf varieties) of the projects landscaped areas, where necessary to provide consistent streetscapes.

No turf shall be allowed:

(1)

In areas eight feet (8′) wide or less;

(2)

On slopes exceeding ten percent (10%), or twenty-five percent (25%) where other project water-saving techniques can compensate for the increased runoff. A level buffer zone of eighteen inches (18″) shall be provided between bermed turf areas and any hardscape (i.e., streets, walkways, etc.).

(e)

Soil Conditioning and Mulching.

(1)

A minimum one-foot (1′) depth of uncompacted soil shall be available for water absorption and root growth in planted areas.

(2)

Soil tests for horticultural suitability shall be required at time of landscape installation. Soil shall be prepared and/or amended as appropriate.

(3)

A minimum of two inches (2″) of mulch shall be added in nonturf areas to the soil surface after planting. Plant types that are intolerant to mulch shall be excluded from this requirement. Nonporous material shall not be placed under the mulch.

(f)

Irrigation.

(1)

All landscaped areas shall be irrigated with an automatic system. Water-efficient systems (drip, minispray, bubbler-type, etc.) shall be used whenever feasible. Low gallonage type sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Lawns shall be sized and shaped so they can be efficiently irrigated. Spray or run-off onto paved areas shall be avoided.

(2)

Dual or multiprogram controllers with separated valves and circuits shall be used when the project contains more than one (1) type of landscape treatment (lawn, ground cover, shrub, tree areas, etc.), or a variety of solar aspects. Soil moisture-sensing devices and rain sensors shall be used on larger projects (fifty thousand (50,000) plus square feet of landscaped area) to minimize or eliminate overwatering.

(3)

Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

(4)

Sprinkler heads must have matched precipitation rates within each valve zone.

(5)

Check valves are required where elevation differential may cause low head drainage.

(6)

Within sixty (60) days of project completion, it is recommended a water audit be conducted by a certified consultant to insure efficient water usage.

(Ord. No. 4643, 1993.)

Sec. 26-88-118. - Special use standards for hosted rentals and bed and breakfast inns.

(a)

Purpose. This sections provides the requirements and standards for the establishment and operation of bed and breakfast inns and hosted rentals.

(b)

Applicability. The provisions of this section shall apply to the transient use of residential property where the primary owner remains in residence during the rental period, including bed and breakfast inns and hosted rentals of a single room or sleeping area. Transient rental of more than one (1) room or sleeping area while the owner remains in residence on the property is a bed and breakfast inn, whether or not food is served. Transient rentals of the entire home without the owner in residence are regulated by 28-88-120 (Vacation Rentals).

(c)

Limitations. Bed and breakfast inns and hosted rentals shall not be permitted in non-habitable structures or in tents, RVs, or other provisions intended for temporary occupancy. Bed and breakfast inns shall also not be permitted within second dwelling units, not in structures or dwellings with county covenants or agreements restricting their use, including but not limited to affordable housing units, agricultural employee units, farmworker housing, farm family units, or on lands under Williamson Act contract. Only one (1) hosted rental is allowed per parcel. A hosted rental may not be located on the same site as a vacation rental unless a use permit has been obtained for the combined use. A whole-house vacation rental is not a hosted rental or a bed and breakfast inn, even if the property owner resides in another dwelling unit on the same property.

(d)

Permit Requirements. Hosted rentals (also known as one-room bed and breakfast inns) of not more than one (1) room or sleeping area that meet the standards of this section are allowed as provided by the underlying zone, subject to issuance of a zoning permit. In the case of a legally permitted guest house used as a transient rental, the primary owner will remain in residence within the main home on the same property. Accessory structures may not be used as hosted rentals unless they are legally permitted as guest houses. Second dwelling units may not be used as hosted rentals. Rental of more than one (1) room or sleeping area is considered a bed and breakfast inn with two (2) or more rooms, and shall be allowed subject to the permit requirements of the applicable zone and the standards set forth in subsection (f).

(e)

Performance Standards for Hosted Rentals and One-Room Bed and Breakfast Inns.

Transient Occupancy Tax. The property owner shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertisements, websites or internet listings.

2.

Food Service. Food service, if provided, shall be limited to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County department of health services.

3.

Events Prohibited. No weddings, lawn parties or similar activities shall be permitted.

4.

Vehicles. Limit of one (1) vehicle associated with the transient use.

5.

Noise Limits. Outdoor amplified sound is prohibited. All activities associated with the transient use shall meet the general plan noise standards. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. The property owner shall ensure that the quiet hours are included in rental agreements and in all online advertisements and listings.

6.

Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

7.

Outdoor Fire Areas. Outdoor fire areas, when not prohibited by state or local fire bans, may be allowed but shall be limited to three (3) feet in diameter, shall be located on a non-combustible surface, shall be covered by a fire screen, and shall be extinguished as soon as it is no longer in use or by 9:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25) feet of a structure or combustible material.

8.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection.

9.

Expiration. A zoning permit for a hosted rental expires upon sale or transfer of the property, or when the property is no longer occupied by a primary owner, whichever occurs sooner.

(f)

Performance Standards for Bed and Breakfast Inns with Two or More Guestrooms or Sleeping Areas.

1.

Maximum Occupancy. Maximum number of rooms shall be as provided in the underlying zone.

2.

Transient Occupancy Tax. The property owner shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertisements, websites or internet listings.

3.

Food Service. Food service, if provided, shall be limited to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County department of health services.

4.

Events Only with Use Permit. No weddings, lawn parties or similar activities shall be permitted unless authorized by the use permit.

5.

Amplified Sound. No outdoor amplified sound shall be permitted unless authorized by the use permit.

6.

Noise Limits. All activities associated with the transient use shall meet the general plan noise standards. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. unless otherwise allowed by use permit. The property owner shall ensure that the quiet hours are included in rental agreements and in all online advertisements and listings.

Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

8.

Outdoor Fire Areas. Outdoor fire areas, when not prohibited by state or local fire bans, may be allowed but shall be limited to three (3) feet in diameter, shall be located on a non-combustible surface, shall be covered by a fire screen, and shall be extinguished as soon as it is no longer in use or by 10:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25) feet of a structure or combustible material.

9.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.

(Ord. No. 6145, § VIII(Exh. D), 3-15-2016)

Sec. 26-88-120. - Reserved.

Editor's note— Ord. No. 6386, § V, adopted Aug. 2, 2022, repealed § 26-88-120, which pertained to vacation rentals and derived from Ord. No. 6145, § IX(Exh. E), adopted March 15, 2016; Ord. No. 6319, § III(Exh. C), adopted Aug. 18, 2020; Ord. No. 6322, § III(Exh. C), adopted Sep. 1, 2020.

Sec. 26-88-121. - Home Occupations.

(a)

Purpose. This section provides standards for home occupations. These standards are intended to ensure that home occupations are incidental and secondary to residential use of the site, and are compatible with surrounding residential uses.

(b)

Limitations on Use. The following business activities are prohibited as home occupations:

(1)

Adult entertainment activities/businesses;

(2)

Animal hospitals and clinics; pet care services such as grooming, doggie day cares or kennels of any size;

(3)

Automotive and other vehicle sales, repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(4)

Boatmaking;

(5)

Commercial cabinet or furniture making, furniture refinishing/antique restoration and sales;

(6)

Dismantling, junk, scrap, or storage yards;

(7)

Food processing, canning, baking, etc., including catering, or motorized mobile food vendors such as coffee carts or taco trucks;

(8)

Gun and weapon sales or repairs, gunsmithing;

(9)

Hair salons, day spas, and other uses which generate higher water and sewer demands, and higher customer visits;

(10)

Uses which involve medical procedures;

(11)

Uses that require the handling of any hazardous (including biologically hazardous) or toxic materials, substances or wastes (as defined by California or federal law), except for small, nonreportable or unregulated quantities that are used in woodworking, painting, or photography, or in the making of jewelry, ceramics, pottery, and sculpture;

(12)

Uses that require explosives or highly combustible materials;

(13)

Uses that may trigger building modifications to meet California Building Code requirements related to Americans with Disability Act (ADA) or such that a change of occupancy classification is required;

(14)

Welding, machine shop operations, or metal fabricating;

(15)

Other uses that the director determines to be similar in impact to those listed above.

(c)

Allowable Home Occupations. Allowable home occupations include, but are not limited to:

(1)

Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that do not involve reportable or regulated quantities of hazardous or flammable substances, where such operations will not generate noise, dust, or odors.

(2)

Office-only uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses.

(3)

One-on-one services such as music, art, and dance lessons, tutors, licensed counseling and massage therapy.

(4)

Tailoring and sewing.

(5)

Other home occupation uses which in the opinion of the planning director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each home occupation shall comply with all of the following:

(1)

Location/Size. The home occupation shall be conducted entirely within one (1) of the following:

(i)

A portion of the dwelling which does not exceed more than twenty-five percent (25%) of the total floor area of the dwelling;

(ii)

A garage or portion thereof, (up to a maximum of five hundred (500) square feet) which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof (up to a maximum of five hundred (500) square feet).

(2)

Technical codes. A home occupation shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code, and Uniform Mechanical Code) and shall require building, septic division and other clearances as determined necessary by the director.

(3)

Utilities. The home occupation shall not require any utility services modification, other than a modification required for normal residential use, that would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or home occupation exceed two hundred twenty (220) volts.

(4)

Exterior appearance. The home occupation shall not require any change of the residential character or the outside appearance of the dwelling, either by the use of colors, materials, lighting, noise, or signs other than signage permitted by this section.

(5)

Parking Requirements. Home occupations shall comply with the parking standards set forth in Section 26-86-010. The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking, so long as adequate onsite parking for clients is demonstrated.

(6)

Signs. A home occupation shall be limited to one (1) attached, non-illuminated, two (2) square-foot sign.

(e)

Operating Requirements.

(1)

Employees. No person shall be employed in the home occupation other than residents of the dwelling.

(2)

Hours of Operation. Customer visits and deliveries shall be limited to the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and shall not occur on state and federal holidays.

(3)

Reserved.

(4)

Visits and Deliveries. Not more than four (4) customers or clients shall be allowed to visit the dwelling for any service or product during any one (1) day, nor more than two (2) customers or clients at any one (1) time. Not more than a total of ten (10) deliveries and/or pickups of materials, goods, supplies or products are allowed in any one (1) week.

(5)

Commercial Vehicles. No more than one (1) single one (1) -ton or smaller commercial vehicle related to the business use shall be kept at the dwelling site.

(6)

Outdoor Storage/Activity. No outdoor storage of materials or equipment related to the home occupation shall be permitted. No outdoor activity related to the home occupation shall be permitted.

(7)

Offsite Effects. No home occupation activity shall result in offsite dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.

(8)

Noise. Noise levels generated by a home occupation shall meet the requirements of the noise element of the general plan.

(9)

Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

(Ord. No. 6403, 3-7-2023; Ord. No. 6363 § II(Exh. A), 12-14-2021; Ord. No. 5711 § 5 (Exh. D), 2007; Ord. No. 5569 § 7, 2005.)

Sec. 26-88-122. - Live/Work Uses.

(a)

Purpose. This section provides standards for live/work uses. These standards are intended to ensure that live/work uses are incidental and secondary to an otherwise allowed residential use of the site, and compatible with, surrounding residential uses. The standards of this section shall not apply to mixed use developments, which are instead subject to 26-88-123 (Mixed Use).

(b)

Limitations on Uses. The following business activities are prohibited as live/work uses:

(1)

Adult entertainment activities/businesses;

(2)

Animal hospitals and clinics;

(3)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(4)

Boatmaking;

(5)

Commercial cabinet or furniture making;

(7)

Mobile food vendors such as coffee carts, or tack trucks;

(8)

Gun and weapons sales;

(9)

Uses which involve medical procedures;

(10)

Uses that require the handling of any hazardous (including biologically hazardous) or toxic, materials, substances or wastes (as defined by California or federal law), except for small, nonreportable or unregulated quantities that are used in woodworking, painting, or photography, or in the making of jewelry, ceramics, pottery, and sculpture;

(11)

Uses that require explosives or highly combustible materials;

(12)

Welding, machine shop operations, or metal fabricating (except for artisan metal sculpture); and

(13)

Other uses that the director determines to be similar in character to those listed above.

(c)

Allowable Live/Work Uses. Allowable live/work uses include, but are not limited to:

(1)

Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that may involve minor use of hazardous or flammable substances as allowed by the department of emergency services; or operations which generate noise, dust, or odors provided that they are determined to be compatible with the surrounding land uses;

(2)

Office uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses;

(3)

One-on-one and group services such as music, art, and dance lessons, tutors, licensed counseling and massage therapy, etc.;

(4)

Tailoring and sewing;

(5)

Limited, brief, pet care services such as grooming (but not doggie daycares or kennels) located outside of urban service areas;

(6)

Furniture refinishing/antique restoration;

(7)

Hair salons, day spas and other uses which generate higher water and sewer demands, and higher customer visits;

(8)

Uses that may trigger building modifications to meet California Building Code requirements related to Americans with Disability Act (ADA) such that a change of occupancy classification is required;

(9)

Other live/work uses which in the opinion of the director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each live/work use shall comply with all of the following:

(1)

Location/Size. The live/work use shall be conducted within one (1) of the following:

(i)

A portion of the dwelling which does not exceed more than twenty-five percent (25%) of the total floor area of the dwelling;

(ii)

A garage or portion thereof which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof.

(2)

Technical Codes. A live/work use shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and Uniform Mechanical Code) and shall require building, septic and other clearances determined necessary by the director.

(3)

Utilities. The live/work use shall not require any utility services modification, other than a modification required for normal residential use, that would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or live/work use exceed two hundred twenty (220) volts.

(4)

Exterior Appearance. The live/work use shall not require any change of the residential character or the outside appearance of the dwelling, either by the use of colors, materials, lighting, noise, or signs other than signage permitted by this section.

(5)

Parking Requirements. Live/work uses shall comply with the parking standards set forth in Section 26-86-010. The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits. Adequate on-site parking for customers or clients must be demonstrated.

(6)

Signs. A live/work use shall be limited to one (1) attached, nonilluminated, two (2) square-foot sign.

(e)

Operating Requirements.

(1)

Employees. Up to two (2) persons other than residents of the dwelling may be employed, unless otherwise provided by use permit

(2)

Hours of Operation. Customer visits and deliveries shall be limited to the hours or 8:00 a.m. to 6:00 p.m. Monday through Friday, unless otherwise provided by use permit, and shall not occur on state and federal holidays.

(3)

Number of Live/Work Activities. No more than one (1) live/work use is allowed per legal dwelling unit on the property.

(4)

Visits and Deliveries. Not more than eight (8) customers or clients shall be allowed to visit the dwelling for any service or product during any one (1) day, nor more than four (4) customers or clients at any one (1) time. Not more than a total of ten (10) deliveries and/or pickups of materials, goods, supplies or products are allowed in any one (1) week unless otherwise authorized by use permit.

(5)

Commercial Vehicles. No more than one (1) single one (1) -ton or smaller commercial vehicle related to the business activity shall be kept at the dwelling site.

(6)

Outdoor Storage/Activity. No outdoor storage of materials or equipment related to the business activity shall be permitted. No outdoor activity related to the business activity shall be permitted.

(7)

Offsite Effects. No live/work use activity shall result in offsite dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazardous or nuisances as determined by the director.

(8)

Noise. Noise generated by live/work uses shall be consistent with the noise element of the general plan.

(9)

Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

(f)

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign affidavits agreeing to abide by and conform to the conditions of the use permit and all provisions of the Sonoma County Code pertaining to the conduct of live/work uses, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the live/work use permit shall in no way permit any activity contrary to the Sonoma County Code, or any activity which would constitute a nuisance under state or local law. The affidavit(s) shall further acknowledge that it is the property owners' and applicant's responsibility to ensure that the live/work use is not contrary to a covenant, code or restriction governing the property.

(g)

Exercise and Duration of Live/Work Permit. Use permits for live/work uses shall be exercised only by the applicant and/or property owner, and shall expire upon change of tenancy or sale or transfer of the property. All use permits issued for a live/work use shall include the following provision: "This use permit shall expire upon change of tenancy or sale or transfer of the property."

(Ord. No. 6403, 3-7-2023; Ord. No. 5569 § 7, 2005.)

Sec. 26-88-123. - Mixed use developments.

(a)

Purpose. This section provides standards for mixed use developments and implements the general plan provisions related to mixed use.

(b)

Limitations on Use.

(1)

A mixed use development may combine compatible residential units with commercial or other non-residential land uses allowed in the applicable zoning district, provided that not more than eighty percent (80%) of the total gross project floor space is in residential floor area.

(i)

In cases where at least twenty percent (20%) of the residential floor area is provided as housing affordable to lower-income households pursuant to Article 89 (Affordable Housing Program Requirements and Incentives), a fifteen percent (15%) increase in maximum lot coverage and a fifteen-foot increase in maximum building height shall be granted over that otherwise allowed in the underlying zone district.

(2)

Mixed use developments shall comply with the building intensity limitations of the applicable zoning district.

(3)

A mixed use shall not be established or used in conjunction with any of the following activities:

(i)

Adult entertainment activities/businesses;

(ii)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(iii)

Welding, machining, or open flame work;

(iv)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use; or

(v)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of residents within, or adjacent to, a mixed use project because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Location of Residential Units. Residential units may be located on any floor, provided that the first fifty feet (50') of the ground floor area measured perpendicular to each building face adjacent to any primary street frontage shall be reserved for commercial uses. The restriction against the residential use of this fifty-foot area does not apply to entryways, access corridors or stairs. This restriction may be waived or reduced where the applicant can demonstrate that all of the following criteria are met:

(1)

The provision of residential uses on the ground floor is necessary in order to provide compatibility with adjacent uses;

(2)

The site has an unusual lot configuration, access, or other unique circumstance such that the provision of ground floor residential results in a superior integration of residential and commercial uses on the site; and

(3)

The ground floor residential component provides a superior integration of the commercial uses into the surrounding commercial area.

(d)

Design and Development Standards.

(1)

Residential Open Space. A minimum of sixty (60) square feet of private usable open space shall be provided for each residential unit within the project. The open space requirement may be met through provision of patios, decks, or enclosed yard areas, but no private space with a dimension of less than six feet (6′) shall be counted toward this requirement.

(2)

Parking. Projects shall comply with the parking standards set forth in Section 26-86-010 (Parking) for each residential and nonresidential use included in the project, except that the residential parking need not be covered.

(3)

Loading and Refuse/Recycling Areas. Commercial loading areas, recycling areas, and refuse storage facilities for the commercial and other nonresidential uses shall be located away from residential units and shall be substantially screened from view from the residential portion of the project. Where appropriate, the project may provide for the shared use of recycling and refuse storage facilities.

(4)

Noise. Noise generated by mixed use projects shall be consistent with the general plan noise element.

(e)

Maintenance of Common Facilities. Where there is more than one (1) property owner with shared interest in maintaining common facilities related to lighting, fencing, signs, landscaping, shared parking, etc., a joint owner's association shall be formed, a landscape assessment district shall be established, or a maintenance agreement recorded. If a joint owner's association or a landscape assessment district is established, the association or district shall be obligated and responsible for maintaining common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. If a maintenance agreement is recorded, the agreement shall clearly identify those individuals or entities obligated and responsible for maintaining the common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. Each agreement, resolution or other document establishing a joint owner's association, a landscape assessment district or a maintenance agreement shall include the county as a third party beneficiary with the right, but not the obligation, to enforce said agreement, resolution or other document. The agreement, resolution or other document shall be subject to review and approval by the county.

(f)

Design Review Approval Required. All new mixed use projects, additions to existing projects, or new nonresidential uses in existing projects, shall be subject to design review approval in accordance with the standards of Article 82 (Design Review). The design of mixed use projects shall demonstrate compatibility between the different uses and shall take into consideration compatibility with adjacent properties and land uses, and shall include specific design features and screening to properly mitigate any potential impacts, including light impacts, or other compatibility issues. Design review of site plan and layout shall include consideration of proximity and access to transit facilities. Project design shall ensure that privacy between residential units and other uses on the site is maximized.

(g)

Criteria for Approval. A mixed use development shall meet the criteria set forth below:

(1)

The site shall be located within an existing urban service area and adequate sewer and water to serve the intended use;

(2)

The development must comply with the standards and development criteria set forth in this section. Article 82 (Design Review), and the underlying base zone;

(3)

Residential and commercial uses shall be integrated in such a manner as to address noise, hazardous materials, and other land use compatibility issues on site as well as off-site;

(4)

The mixed use development shall be compatible with surrounding land uses and will not serve to inhibit commercial development on adjacent or nearby commercial parcels.

(Ord. No. 6223, § II(Exh. B), 5-8-2018; Ord. No. 5569 § 5, 2005.)

Sec. 26-88-124. - Work/live units.

(a)

Purpose. This section provides standards for the development of new work/live units and for the reuse of existing commercial and industrial structures to accommodate work/live opportunities where allowed by the applicable zoning district regulations. A work/live unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this section do not apply to mixed use projects, which are instead subject to Section 26-88-123 (Mixed use projects).

(b)

Limitations on Use. The nonresidential uses within a work/live project shall be limited to those commercial and industrial uses allowed within the applicable zoning district. In no case, however, shall a work/live unit be established or used for any of the following activities:

(1)

Adult entertainment activities/businesses;

(2)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(3)

Welding, machining, or any open flame work;

(4)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use;

(5)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of work/live unit residents, because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Allowable Building Intensity. Work/live units shall comply with the building intensity limitations of the applicable zoning district.

(d)

Design and Development Standards.

Work/live units shall be subject to review and approval of a master site plan and proposal statement demonstrating that the project meets all of the following criteria, as well as the design standards of the applicable zoning district.

(1)

General Prerequisites.

(i)

At the time of application approval and for the reasonably foreseeable future, the industrial site and surrounding area is suitable for joint residential and industrial use.

(ii)

The project is designed to provide flexible workspace in conjunction with living areas that are conducive to a work environment.

(iii)

Residential and industrial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues onsite as well as offsite.

(2)

Commercial and Industrial Space Requirements.

(i)

The project site must remain primarily in commercial or industrial use. At no time shall more than fifty percent (50%) of the combined floor area of all buildings constructed on the project site be dedicated or used for work/live units. All remaining floor area on the project site shall be dedicated and reserved exclusively for other commercial and industrial uses allowable in the applicable zoning district.

(ii)

In addition, no less than fifty percent (50%) of the floor area of each work/live unit shall be designated, reserved and regularly used as work space for commercial or industrial uses.

(iii)

All designated work space shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors and/or other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

(3)

Integration of Living Space. Living space shall be physically integrated into the work/live unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance with the other provisions of this section.

(4)

Design Review. Work/live units shall be subject to the design standards and procedures set forth in Article 82 and approval by the design review committee.

(5)

Parking Requirements. Work/live units shall comply with the parking standards set forth in Section 26-88-010. The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.

(6)

Compliance with Building and Fire Codes. All work/live units shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and Uniform Mechanical Code). If a structure contains mixed occupancies of work/live units and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live units and other occupancies, as determined by the building official.

(e)

Operating Requirements.

(1)

Occupancy. A work/live unit shall be occupied and used only by the operator or employee of the business within the unit.

(2)

Sale or Rental of Portions of Unit. The living space of the work/live unit shall not be rented, leased, sold or occupied separately from the working space. No portion of a work/live unit shall, at any time, be rented, leased, or sold as a commercial or industrial space by any person not living in the unit.

(3)

Notice to Occupants. The owner or developer of any structure containing work/live units shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district.

(4)

On-Premises Sales. On-premise sales of goods shall be limited to those produced within the work/live unit and shall be permitted only where such incidental sales are allowed by the zoning district. All on-premise sales of goods shall be incidental to the primary production work within the unit.

(5)

Nonresident Employees. The occupant of the work/live unit may employ up to two (2) persons who do not reside in the work/live unit to work in the unit, provided that adequate parking is provided as determined by use permit.

(6)

Noise. Noise generated by work/live uses shall be consistent with the noise element of the general plan.

(f)

Changes in Use. No portion of the work/live unit designated and approved as work space shall be converted to residential use without modification of the use permit, to ensure the continuing conformance with the use limitations, design and development standards and operating requirements of this section. Changes in the nonresidential portion of the use shall also require a modification of the use permit to ensure conformance with the use limitations, design and development standards and operating requirements of this section.

(g)

Findings for Approval. No use permit shall be approved for a work/live unit unless the decision maker makes all of the following findings, in addition to the findings required for use permit approval by Section 26-92-080 (Use permit—Findings).

(1)

The site is located within an existing urban service area;

(2)

Public services and infrastructure are adequate to serve the use;

(3)

The project complies with the standards and development criteria set forth in this section;

(4)

The establishment of work/live units will not displace, conflict with or inhibit other commercial or industrial uses on site;

(5)

The proposed use of each work/live unit is a bona fide commercial or industrial activity consistent with subsection (b) (Limitations on Use) of this section;

(6)

The structure containing work/live units and each work/live unit within the structure has been designed to ensure that they will function predominantly as work spaces for commercial or industrial uses with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations;

(7)

The establishment of work/live units, as conditioned, is compatible with surrounding land use and will not conflict with nor inhibit commercial or industrial uses on adjacent or nearby parcels; and

(8)

The exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where adjacent land is zoned for commercial or industrial uses.

(Ord. No. 5569 § 8, 2005.)

Sec. 26-88-125. - Single room occupancy (SRO) facilities.

(a)

Criteria in General. The following are the minimum criteria applicable to all new single room occupancy (SRO) facilities:

(1)

All SRO facilities are subject to design review.

(2)

Transient occupancy of the SRO rooms shall not be allowed. SRO tenants shall not have an additional residential address other than the address of the SRO facility in which the residential unit is located.

(3)

SRO rooms within SRO facilities shall be provided at rents affordable to households with lower incomes.

(4)

Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all SRO facilities.

(b)

Small SRO Facilities. The following additional criteria shall apply to SRO facilities containing less than ten (10) SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Unit Size. No SRO room may exceed four hundred (400) square feet.

(3)

Common Facilities. Small SRO facilities shall provide individual or shared (common) bathing facilities, and may provide individual kitchen facilities. Any and all common facilities shall be provided as fully accessible to the satisfaction of the building official.

(4)

Laundry Facilities. Common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer per facility, in addition to a laundry sink and folding area. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth (⅛) of a mile from the project site.

(5)

Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application.

(6)

Parking. Off-street parking shall be provided as set forth in Section 26-86-010 (Required parking). Secure bicycle parking is required.

(7)

Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(c)

Large SRO Facilities. The following additional criteria apply to all SRO facilities containing ten (10) or more SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Unit Size. No SRO room may exceed three hundred (300) square feet.

(3)

Common Facilities.

(i)

Kitchen. Within a large single room occupancy (SRO) facility, no more than fifty percent (50%) of individual rooms may be provided with kitchens or kitchenettes. At least one (1) common (shared) kitchen/dining area shall be provided within a large SRO facility.

(ii)

Bathrooms. Private bathroom facilities shall be provided within each unit to include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities may be provided within individual rooms, or may be shared.

(iii)

Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.

(4)

Laundry Facilities. Common laundry areas shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) rooms, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional rooms or fraction thereof.

(5)

Manager's Unit. An on-site, live-in manager's unit shall be provided. A management plan, including the proposed "house rules," shall be submitted as a part of the use permit application.

(6)

Parking. Parking for SRO facilities shall be provided as set forth in Section 26.86.010, Required parking. Secure bicycle parking is required.

(7)

Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(Ord. No. 6223, § III(Exh. C), 5-8-2018; Ord. No. 5569 § 6, 2005.)

Sec. 26-88-126. - Reserved.

Editor's note— Ord. No. 6189, § II(F), adopted Dec. 20, 2016, repealed § 26-88-126, which pertained to medical cannabis dispensary uses and derived from Ord. No. 5715, § 2, adopted in 2007; Ord. No. 5748, § 2, adopted in 2007; and Ord. No. 5967, § I, adopted Jan. 31, 2012.

Sec. 26-88-127. - Homeless shelters.

(a)

Purpose. This section establishes standards for the siting and operation of homeless shelters. The purpose of these standards is to ensure that the development and operation of small-scale and emergency homeless shelters do not adversely impact adjacent parcels or the surrounding residents and businesses. It is intended that these provisions protect the health, safety and welfare of the county's residents while ensuring that standards imposed on a shelter not serve as constraints, but rather serve to encourage and facilitate the development and operation of such facilities. The following performance standards shall apply to homeless shelters:

(b)

Permit Requirements. Homeless shelters may require a use permit, depending on their type and location, as provided in the regulations for the base districts in which they are allowed.

(c)

Property Development Standards. Homeless shelters shall conform to all property development standards of the zoning district in which they are located except as modified by these performance standards.

(d)

Maximum Number of Persons/Beds. Small-scale homeless shelters shall serve no more than ten (10) persons. Emergency homeless shelters shall be limited to not more than fifty (50) persons served on a year-round basis, but during seasonal or emergency events of flooding, extreme temperature, or natural disaster, such shelters shall not be limited with regard to number of persons served, subject to occupancy limits of the building code, so long as the operating conditions set forth in this section are met.

(e)

Lighting. Exterior lighting must be fully shielded and downward facing. Flood lights and uplights are prohibited. Luminaries must not exceed one thousand (1,000) lumens per fixture. Total illuminance beyond the property line must not exceed 1.0 lux. The color temperature of exterior lighting must not exceed three thousand (3,000) Kelvin.

(f)

Security and Management. Onsite security shall be provided during hours of operation. The shelter shall provide at least one (1) onsite manager at all times.

(g)

Common Facilities. Shelters are encouraged but not required to provide the following common facilities for the exclusive use of the residents:

(1)

Central cooking and dining room(s);

(2)

Common recreation room;

(3)

Office with services for residents;

(4)

Laundry facilities adequate for the number of residents.

(h)

On-Site Parking. On-site parking for homeless shelters, including bicycle parking, shall be subject to requirements set forth in Article 86.

(i)

Secure Storage. Shelters are encouraged but not required to provide secure, locked storage facilities for residents' personal belongings.

(j)

Concentration of Uses. No more than one emergency homeless shelter shall be permitted within a radius of three hundred (300) feet from another such shelter.

(Ord. No. 6458, § XVI, 12-5-2023; Ord. No. 5883, § IV, 5-30-2010.)

Sec. 26-88-130. - Telecommunication facilities.

(a)

The following are the minimum criteria applicable to telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, additional mitigation measures or other conditions may also be necessary.

(1)

Except as noted, all telecommunication facilities shall comply with the following:

(i)

Any applicable easements or similar restrictions, including open space easements, on the subject property.

(ii)

Any applicable general plan, specific plan, area plan, local area development guidelines, and the permit requirements of any agencies which have jurisdiction over the project.

(iii)

The regulations of any applicable combining district.

(iv)

The height of any freestanding facility shall include the height of any structure upon which it is placed.

(v)

All setbacks shall be measured from the base of the tower closest to the applicable property line or structure.

(vi)

The facility shall be operated so that it shall not result in human exposure to nonionizing electromagnetic radiation (NIER) in excess of the levels specified in the most current standard governing human exposure to NIER utilized by the Federal Communications Commission (FCC) in its licensing decision for the applicable facility. The applicant shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any one of the following ways:

A)

Provide evidence in the form of an FCC license or construction permit that the FCC has accepted the applicant's certification that the facility meets the FCC standard.

(B)

Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.

(C)

Provide an independent analysis by or on behalf of the applicant which demonstrates that the facility will comply with the FCC standard by such calculations and measurements as may be necessary. The calculations, measurements, and all related methods utilized to determine compliance shall be consistent with FCC policies and procedures.

(vii)

Replacement of aging, defective, or obsolete legally established antennas or towers is permitted without new zoning permit or use permit approval, provided that such replacement does not increase the height or result in a substantial change in the appearance of the facility. Pursuant to Section 26-94-010(b), a legal nonconforming facility may be expanded one (1) time not to exceed ten percent (10%) of the total existing silhouette, subject to all other applicable requirements of this code.

(viii)

In the event that a proposed telecommunication facility does not meet the required standards or criteria for such facility in the applicable district, it may be considered as the next larger facility, subject to the criteria therefor. For example, a minor facility that exceeds the allowed silhouette limit may be considered as an intermediate facility requiring a use permit, or an attached facility that exceeds the allowed silhouette limit may be considered as a minor facility requiring a zoning permit.

(2)

In addition to the standards of subsection (a)(1) of this section, attached commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(i)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part of the silhouette calculation.

(ii)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(iii)

Antennas shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(iv)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(v)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(3)

In addition to the standards of subsection (a)(1) of this section, freestanding commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(i)

Potential adverse visual impacts which might result from project related grading or road construction shall be minimized.

(ii)

Facility towers, antennas and other structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(iii)

Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.

(iv)

Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.

(v)

Significant adverse impacts on biotic resources, including any threatened, rare or endangered species, shall be mitigated.

(vi)

Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Structures and roads on slopes of thirty percent (30%) or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over ten percent (10%). Natural vegetation and topography shall be retained to the extent feasible.

(vii)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part of the silhouette calculation.

(viii)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(ix)

Upon abandonment or termination, the entire facility, including all equipment, towers, antennas, etc., shall be removed and the site restored to its pre-construction condition or other authorized use.

(x)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(xi)

Facilities shall be designed so as to provide adequate warning of potential hazards as well as location and operator identification and telephone number for public contact. Facilities may also be required to provide anti-climb devices or other security measures.

(xii)

The facility operator and property owner are encouraged to make available unutilized space for future co-located or multiple-user telecommunication facilities, including space for those entities providing similar, competing services.

(xiii)

All applications for zoning permits or use permits shall include a statement or other documentation that all owners of property within three hundred feet (300′) of the subject property have been provided with a written notification of the filing of the application.

(xiv)

An alternatives analysis (required for major freestanding facilities in all districts and for intermediate freestanding facilities in the AR, RR, R1, R2, R3, and PC districts with a UR or RR land use designation) shall include the following content:

(A)

A topographic map of the proposed local service area which identifies the local network of facilities with which the proposed facility will connect.

(B)

A small scale map of the applicable franchise area, which identifies the regional network of facilities with which the local network will connect.

(C)

Identification of the following on the local topographic map:

1.

All other existing telecommunication facilities, including those owned or operated by the applicant for the same type of service, and those which provide other wireless services which could potentially support the proposed facility.

2.

All other existing structures which might provide an opportunity for attached facilities.

3.

Lands which are zoned for commercial or industrial use.

4.

Lands which are designated as open space.

(D)

Identification of any existing service gaps in the proposed local service area as well as any service gaps which may remain in the event that the proposed facility is approved and constructed.

(E)

Identification of at least two (2) alternative service plans which could provide comparable service to the intended service area. An explanation must be included if there are not at least two (2) alternative plans. Alternatives which do not produce a minimum quality signal, or which would substantially interfere with another service do not need to be included.

(F)

The alternatives should include a mix of service strategies which incorporate existing, attached, and/or other freestanding facilities. The alternatives analysis for a facility proposed within a designated scenic resource area and/or a residential zone (AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation) shall include any feasible alternatives outside these respective areas. They should also be designed to offer clear tradeoffs involving:

1.

The level of service provided;

2.

The number of towers;

3.

Variety in tower heights and silhouettes;

4.

Potential visual impacts;

5.

Residential proximity and compatibility;

6.

Proximity to service area;

7.

Other applicable potential environmental impacts.

(G)

A description of each alternative, including its ancillary equipment and structures and associated roads and compare and contrast the alternatives using the above factors. The alternative plans need not be analyzed at the same level of detail as the proposed project, but the justification for selection of the proposed project must be presented.

(xv)

Tower setbacks may be waived under any one (1) of the following circumstances:

(A)

The facility is proposed to be co-located onto or clustered with an existing, legally established telecommunication facility.

(B)

All of the owners of affected properties agree to the reduced setback. A property is considered affected if its dwelling unit lies within a distance equivalent to the required setback for the subject tower prior to reduction and the reduced setback would result in the tower being located closer to the dwelling unit than the above setback would otherwise allow.

(C)

Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(xvi)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(b)

Additional Standards for Telecommunication Facilities Pertaining to Specific Districts.

(1)

LIA, LEA, DA, RRD, RRDWA, TP Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a structure but are subject to a limit of five (5) square feet of silhouette above the structure ridgeline or twenty-five (25) square feet above the roof on any single structure and a cumulative total silhouette for all attached commercial antennas on the subject lot of one hundred (100) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following standards:

(A)

Towers shall be set back from the nearest offsite dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouettes of the towers and antennas on the subject lot shall not exceed one hundred sixty-five (165) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities shall meet the following standards:

(A)

Towers shall meet the setback standards of subsection (b)(1)(ii)(A) of this section.

(B)

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of subsection (a)(3)(xiv) of this section.

(C)

A visual analysis.

(2)

AR, RR, R1, R2, and R3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of all attached commercial antennas on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following:

(A)

Towers shall be set back from the nearest off-site dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouette of the towers and antennas on the subject lot at full design capacity shall not exceed seventy (70) square feet in the AR and RR districts and shall not exceed forty-five (45) square feet in the R1, R2, and R3 districts.

(iii)

Intermediate and major freestanding commercial facilities are not allowed in these districts unless the applicant demonstrates to the satisfaction of the decisionmaking body that there is no technically feasible site or method of providing the needed service on lands which are not zoned AR, RR, R1, R2, R3, or PC with a UR or RR land use designation. Such demonstration shall be accompanied by the following:

(A)

An alternatives analysis which meets the requirements of subsection (a)(3)(xiv) of this section.

(B)

A visual analysis, which may include photo montage, field, mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

(3)

CO, C1 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas placed upon dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities fifty feet (50′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate freestanding commercial facilities greater than fifty feet (50′) in height shall meet the following:

(A)

Towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

A visual analysis.

(4)

C2, C3, LC, RC, AS, K, MP, M1, M2, and M3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas on dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities eighty feet (80′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities greater than eighty feet (80′) shall meet the following:

(A)

For intermediate facilities, towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

For major facilities, towers shall be set back by a minimum distance equivalent to one hundred percent (100%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(C)

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of subsection (a)(3)(xiv) of this section.

(D)

A visual analysis.

(Ord. No. 4973 § 14, 1996.)