City of Santa Rosa, CA Chapter 20-42 STANDARDS FOR SPECIFIC LAND USES

§ 20-42.010 Purpose.

This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Division 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

(Ord. 3677 § 1, 2004)

§ 20-42.020 Applicability.

The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.

A. Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Division 2 (Zoning Districts and Allowable Land Uses).

B. Land use permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the land use permit required by Division 2, except where a land use permit requirement is established by this Chapter for a specific use.

C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Division 2 and Division 3 (Site Planning and General Development Regulations), and the City Code. In the event of any conflict between the requirements of this Chapter and those of Divisions 2 or 3, the requirements of this Chapter shall control.

(Ord. 3677 § 1, 2004)

§ 20-42.024 Accessory retail and service uses.

This Section provides standards for specific retail sales and service uses, including restaurants, pharmacies, and the sale of retail merchandise, which are allowed accessory to a primary commercial, industrial, or institutional use, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. General standard. There shall be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, windows with merchandise visible from adjoining streets, etc.), nor access to any space used for the accessory retail or service use other than from within the primary structure.

B. Review and approval requirements. In order to approve an accessory retail or service use, the review authority shall first find that there will be no adverse effects on adjacent existing or potential residential uses from excessive traffic, noise or other effects of the accessory use.

(Ord. 3677 § 1, 2004)

§ 20-42.030 Accessory structures and uses.

Accessory uses and structures shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). This Section does not apply to accessory dwelling units, which are instead subject to Section 20-42.130 (Accessory dwelling units).

A. General requirements for all accessory structures and uses.

1. Relationship to principal use.

a. An accessory structure or use is permitted only when it is clearly incidental, subordinate and accessory to the principal use of the same lot, and does not alter the character of the site with respect to the principal use.

b. An accessory structure or use, to be permitted, must be compatible in all aspects with the principal permitted uses of the zoning district in which it is situated.

c. An accessory structure or use shall not be located on a separate lot from the principal use to which it incidental and subordinate.

2. Zoning district setback requirements. An accessory structure or use shall comply with the setback requirements of the applicable zoning district, and shall not be closer to the street than the primary structure, unless specifically authorized by this Section, or allowed by Variance, Minor Variance, or Minor Adjustment.

3. Combining district requirements. The provisions of any -G (Gateway), -H (Historic), or -SR (Scenic Road) Combining District shall take precedence over any provision of this Section regulation accessory structures and uses.

4. Roof overhang. An accessory structure shall not overhang any property or drain onto any adjacent parcel.

5. Building Code and Fire Code requirements. An accessory structure shall meet all construction standards and minimum distancing between buildings for fire protection purposes.

B. Accessory structures and uses in non-residential districts.

1. Attached accessory structures. If an accessory structure is attached to the primary structure, it shall be made structurally a part of the primary structure and shall comply with all requirements of this Zoning Code for the primary structure.

2. Detached accessory structures. No detached accessory structure shall be closer than that permitted by the Uniform Building Code to the primary structure on the same lot or closer than 10 feet from the primary structure on an adjoining lot unless a lesser distance is specifically allowed by other provisions of this Zoning Code.

C. Accessory structures and uses in residential zoning districts. Accessory structures and uses within a residential zoning district shall comply with the following requirements:

1. General requirements.

a. Setbacks. An accessory structure on a parcel that is 50 feet or more in width shall not be placed closer than five feet to a property line. An accessory structure may be located up to the property line on a parcel less than 50 feet in width or 100 feet in depth that is developed with a single-family dwelling or duplex, except where the accessory structure would abut another building on an adjacent parcel. In these cases, the accessory structure shall be located a minimum of three feet from the property line.

b. Maximum site coverage. One or more roofed accessory structures shall not occupy more than 50 percent of the required rear setback, provided that the Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site, provided that:

(1) The Director determines that the usability and location of the substitute area is equally satisfactory; and

(2) The substitute area does not exceed a slope of 10 percent, and has no dimension less than 15 feet. The dimensions may include required side setback areas, but the required setback shall not be included when computing equivalent replacement area.

c. Height limit. No accessory structure shall exceed a height of 16 feet and one story.

2. Requirements for attached structures. Habitable (e.g., living space) and non-habitable (e.g., attached garages, etc.) attached structures shall comply with the following standards.

a. An accessory structure attached to the primary structure shall be made structurally a part of the primary structure and shall comply with all requirements of this Zoning Code for the primary structure.

b. The face of any attached garage or carport with street access from the front or corner side of the lot shall be a minimum of 19 feet from the property line, back of curb, or back of sidewalk, whichever is greater. The face of an attached garage or carport shall be three to five feet from the edge of a public or private alley, property line, back of sidewalk, or back of curb whichever is greater.

3. Requirements for detached structures.

a. Habitable structures.

(1) A guest house shall not be located within any required setback area, shall not exceed 400 square feet or a height of 16 feet, and shall not contain kitchen or other cooking facilities.

(2) No detached habitable accessory structure shall be closer to the primary structure than permitted by the Uniform Building Code, or closer than 10 feet from a primary structure on an adjoining lot, unless a lesser distance is specifically allowed by other provisions of this Zoning Code.

b. Non-habitable structures.

(1) Exempt structures. The following structures are exempt from the accessory structure setback requirements:

(a) Planters. Planter boxes and masonry planters with a maximum height of 42 inches are allowed within all required setbacks.

(b) Play equipment, pet shelters. Children's play equipment, movable dog houses, and similar structures may be placed within a required rear setback without limitation on location.

(c) Residential rain harvesting tanks. Rain harvesting tanks that do not exceed eight feet in height may be placed within a rear or side yard setback without limitation on location. Rain harvesting tanks that exceed eight feet in height may be allowed within a rear or side yard setback, subject to Design Review. Rain harvesting tanks of any height shall not be permitted within a front yard setback.

(d) Trash enclosures. Trash enclosures may be placed within a required rear setback without limitation on location.

(2) Sheds, patio covers, trellis. A shed, patio cover, or trellis less than 12 feet in height may be allowed within a side or rear yard setback, subject to Design Review.

(3) Garages and carports. To ensure design compatibility and to maintain the off-street parking supply in residential neighborhoods, the following standards shall apply to the construction, modification, or replacement of a garage or carport serving any residential use.

(a) Height. The garage or carport shall not exceed a height of 16 feet.

(b) Setback. The face of a garage or carport shall be:

i. A minimum of 19 feet from the property line, back of curb, or back of sidewalk, whichever is greater; and

ii. Between three and five feet, or 19 feet or more, measured from an alley or private driveway property line, back of sidewalk, or back of curb, whichever is greater.

(4) Driveways, walkways, patios, and wood decks. Driveways, walkways, patio slabs, and other areas paved with concrete, asphalt or similar materials, and wooden decks, may be placed in up to 50 percent of the area within any required setback, provided that the structures do not exceed a height of 12 inches. This requirement does not exclude the use of steps providing access between areas of different elevation on the same site. At least 50 percent of all setback areas shall consist of permeable surface. The Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site.

(5) Guard railings, safety fences. A guard railing or safety fence for protection around depressed ramps may be placed within any required setback provided that:

(a) An open-work railing or fence is used; and

(b) The railing or fence does not exceed 42 inches in height.

(6) Mechanical equipment. Ground-mounted air conditioners, swimming pool pumps, and related and similar equipment may be placed within a required side or rear setback, provided that the equipment is:

(a) Not closer than 30 inches to any property line;

(b) Six feet or less in height; and

(c) Constructed and/or insulated so that audibility beyond the property line is limited to the maximum extent feasible.

(7) Satellite dish antennas. Satellite antennas shall comply with the requirements of Chapter 20-44 (Telecommunications Facilities).

c. General design requirements.

(1) On a corner lot, the structure shall not project beyond the front yard required for an adjacent lot.

(2) The structure shall not be closer to any street than the primary structure, unless authorized by Minor Conditional Use Permit. When reviewing a Minor Conditional Use Permit application, the review authority shall consider the predominant placement of accessory structures in the site vicinity, the consistency of the proposal with the established and/or desired character of the surrounding area, and the visual impact of the structure given its proposed placement.

(3) The structure shall not have a door or window opening to an alley or to a side or rear property line unless the structure is at least three feet from the alley or property line.

(4) Notwithstanding any other requirements of this Zoning Code for a detached accessory structure in a residential zoning district, no side or rear yard setback shall be required for a structure of 12 feet or less in height provided that:

(a) The structure has received Design Review approval; or

(b) A Hillside Development Permit if the structure is subject to the Hillside Development Standards Ordinance (Chapter 20-32); or

(c) A Landmark Alteration Permit if the structure is subject to Historic and Cultural Preservation (Chapter 20-58); and

(d) Complies with the following standards:

i. The structure is not used for human habitation, unless permitted in compliance with Section 20-42.130 (Accessory dwelling units) and is at least 10 feet from any building used for human habitation on the same or an adjacent lot;

ii. The structure complies with the Uniform Building Code and has been approved by the Building Division; and

iii. No part of the structure overhangs a property line or drains onto an adjacent lot.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 13, 2011; Ord. 2017-024 § 10)

§ 20-42.034 Alcoholic beverage sales.

Alcoholic beverage sales shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Applicability. In addition to the regulations of the applicable zoning district, any establishment under 10,000 square feet that sells alcohol for on-site or off-site consumption, including liquor stores, convenience food stores, markets, taverns, and bars shall be permitted only by Conditional Use Permit. A large retailer of 10,000 square feet or greater, such as a supermarket that sells alcoholic beverages as a normal part of the business, is a permitted use. These provisions shall not apply to a winery, tasting room, and/or brewery that sells alcoholic beverages as a normal part of business, when these uses are permitted uses. Applicable provisions of these use regulations shall only apply to winery, tasting room, and/or brewery uses when conditionally permitted.

B. Operating standards. An establishment that is subject to the requirements of this section shall comply with the following standards. In considering a Conditional Use Permit application, the review authority may choose to waive any of the following standards, and/or to impose revised or additional standards as conditions of approval.

1. Customer and site visitor management.

a. The operator of the establishment shall take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if directly related to the patrons of the subject alcoholic beverage outlet.

(1) "Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in making the request.

(2) "Nuisance" includes disturbances of peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests.

b. The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours.

c. The operator shall ensure that the hours of operation shall not be a detriment to the surrounding area.

2. Trash, litter, graffiti.

a. The operator shall clear the sidewalks adjoining the premises plus 10 feet beyond property lines along the street as well as any parking lots under the control of the operator as needed to control litter, debris and trash.

b. The operator shall install and maintain one permanent, non-flammable trash container on the property's exterior.

c. The operator shall remove all graffiti from the premises and parking lots under the control of the operator within 72 hours of its application.

3. Staff training. Within 90 days from issuance of a certificate of occupancy or if no Building Permit is required, within 90 days of issuance of the Conditional Use Permit, all owners, managers and employees selling alcoholic beverages shall complete a certified training program in responsible method and skills for selling alcoholic beverages. The certified program shall meet the standards of the ABC or other certifying/licensing body which the state may designate. New owners, managers and employees shall complete the training course within 30 days of the date of ownership or employment. Records of successful completion for each owner, manager and employee shall be maintained on the premises and presented upon request by a representative of the City.

4. Staffing, surveillance, and security.

a. Signs and displays on the premises shall not obstruct the sales counter, cash register and customer from view from the exterior.

b. The operator shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum the external cameras shall monitor the entrance to the premises and vicinity of at least 20 feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes from these cameras shall be retained for at least 10 days from date of recording before destruction or reuse. The tapes shall be made available to the Police Department upon request.

c. A monitored robbery alarm system shall be installed and maintained in good working condition. An alarm permit shall be obtained from the Police Department prior to operation.

d. Restrooms shall remain locked and under the control of the cashier.

e. The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.

5. Limitations on product sales and display.

a. The operator shall not sell, furnish or give away empty cups, glasses or similar receptacles commonly used for the drinking of beverages in quantities of less than 24 count in their original packaging.

b. Coolers, tubs and other storage containers holding alcoholic beverage shall be equipped with a locking mechanism which shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited.

c. No beer or wine shall be displayed within five feet of the cash register or front door of the premises.

d. No video or arcade type games are permitted on the property. California State Lottery games are permitted.

6. Signs, postings.

a. Premises identification shall comply with City Code Section 18-16.034 and Fire Department Illuminated Address Signs bulletin.

b. A copy of the conditions of approval for the Conditional Use Permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized City official upon request.

c. Signs shall be posed on the inside of the premises stating that drinking on the premises or in public is prohibited by law.

7. Compliance with other requirements.

a. The operator shall comply with all provisions of all local, state or federal laws, regulations or orders, including those of the ABC, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders.

b. The operator shall comply with all provisions of the City Code and conditions imposed by City issued permits.

c. Any change in ABC license type including, but not limited to, a change from a Type 20 to a Type 21 license, or a substantial physical change or character of premises as defined in Title 4 of the California Code of Regulations Section 64.2(b), shall require a new Conditional Use Permit to continue operation.

C. Criteria for review. In granting a Conditional Use Permit for the sales of alcoholic beverages for offsite consumption and making the findings required for Conditional Use Permit approval by Section 20-52.050, the review authority shall consider the following:

1. Whether the use serves public convenience or necessity;

2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City;

3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county-wide average;

4. The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts;

5. The proximity of the alcoholic beverage outlet to residential districts, day care center, park and recreation facilities, places of religious assembly, and schools;

6. Whether the site plan and floor plan incorporated design features to assist in reducing alcohol related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior.

D. Grounds for modification or revocation. In addition to the grounds in Section 20-54.100 (Permit Revocation or Modification), the Commission may require modification, discontinuance or revocation of a Conditional Use Permit if the Commission finds that the use is operated or maintained in a manner that it:

1. Adversely affects the health, peace or safety of persons living or working in the surrounding area; or

2. Contributes to a public nuisance; or

3. Has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests; or

4. Violates any provision of the City Code or condition imposed by a City issued permit, or violates any provision of any other local, State or Federal law, regulation, or order, including those of the ABC, or violates any condition imposed by permits issues in compliance with those laws.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3766 §§ 2, 3, 2006; Ord. 3968 § 14, 2011; Ord. 3989 § 5, 2012; Ord. 2021-012 § 32)

§ 20-42.040 Animal keeping.

Animal keeping shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. The care and keeping of any animal shall comply with the provisions of City Code Title 7 and all applicable provisions of this Zoning Code.

B. On any lot in a residential zoning district, or in conjunction with any residential use in any other district, a total of five animals (domestic or exotic) may be kept on one lot, of which not more than three may be dogs, and not more than one may be a pot-bellied pig. In addition to the five animal total, hens may be kept in accordance with the limitations of Table 4-1 and the development standards below.

C. Development standards for hen keeping. All hen keeping shall be in compliance with all of the following development standards and requirements.

1. Roosters are prohibited.

2. Hens shall be kept in a securely fenced area within the rear yard of the residential property. A coop and pen are required.

3. The coop and pen shall comply with the following development standards:

a. Setbacks. For keeping of six or fewer hens, the coop shall be set back a minimum of five feet from side or rear property lines. For keeping of more than six hens, the coop shall be set back a minimum of 10 feet from side or rear property lines. For all hen keeping, the coop shall be located a minimum of 20 feet from habitable structures on adjacent properties; greater distances are encouraged where practicable.

b. Coop height. Coops shall be no taller than eight feet in height.

c. Coop and pen design and maintenance. The coop and pen shall be designed, constructed, and maintained such that the hens are securely contained.

d. Ongoing maintenance and care. The coop and pen shall be maintained in a clean and sanitary condition. All enclosures shall be constructed and maintained to prevent rats or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with hen keeping shall be managed to minimize contact with rodents.

Table 4-1—Number of Hens Allowed
Lots 5,000 sq ft or less	Lots 5,001—10,000 sq ft	Lots 10,001—43,560 sq ft	Lots over one acre
3	6	6 hens per 10,000 sq ft of lot area up to 12 hens	6 hens per 10,000 square feet of lot area up to 30 hens

D. Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), livestock farming shall be limited to the raising, feeding, maintaining, and breeding of livestock, subject to a minimum 20,000 square foot gross lot area and the following cumulative limitations and conditions:

1. One hog or pig per each 20,000 square feet of gross lot area; or

2. One horse or mule or cow or steer per each 20,000 square feet of gross lot area; or

3. Twenty-five chickens per each 20,000 square feet of gross lot area; or

4. Three goats or sheep or similar livestock per each 20,000 square feet of gross lot area; or

5. Ten ducks or rabbits or similar livestock per each 20,000 square feet of gross lot area; or

6. Twenty-five pigeons or 50 ornamental or song birds per each 20,000 square feet of gross lot area.

The development standards for hen keeping are not applicable to livestock farming. The lot area used to justify one class of animals shall not be used concurrently to justify another class of animals.

(Ord. 3677 § 1, 2004; Ord. 3994 § 2, 2012)

§ 20-42.044 Automated teller machines (ATMs).

Outdoor automated teller machines (ATMs) shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). A drive-through ATM shall also comply with the requirements of Section 20-42.064 (Drive-Through Retail and Service Facilities).

A. Location requirements. An outdoor ATM shall be:

1. Set back from an adjacent street curb by a minimum of eight feet;

2. Located a minimum of 30 feet from any property line corner at a street intersection;

3. Located not to eliminate or substantially reduce any landscaped areas; and

4. Located not to result in undue traffic congestion.

B. Architectural design. All construction and modifications to the exterior of the structure housing an ATM shall be completed in a manner consistent with the architectural design of the structure and in compliance with all applicable City design standards and guidelines.

C. Parking. Off-street parking shall be provided in compliance with Section 20-36.040 (Number of Parking Spaces Required), provided that an ATM may utilize on-street loading spaces, rather than on-site parking spaces, with the approval of the Director of Transportation and Parking.

D. Trash disposal. Each outdoor ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by ATM users.

E. Lighting. Each outdoor ATM shall be provided with lighting in compliance with Section 20-30.080 (Outdoor Lighting) or State law, whichever is most restrictive.

(Ord. 3677 § 1, 2004)

§ 20-42.050 Day care facilities.

Child day care centers shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). Small and large family day care homes are not subject to the requirements of this section.

A. Purpose. The availability and affordability of quality, licensed childcare is beneficial to the well-being of parents and children within this community. The purpose of regulating child day care facilities within the City shall be to:

1. Facilitate and encourage the establishment of licensed child day care, by streamlining the permit process and making fees as economical as possible;

2. Specify standards to avoid any adverse effects of such facilities upon surrounding properties; and

3. Avoid the over-concentration of childcare facilities in any neighborhood.

B. Application requirements. The following shall be included in each application for a child day care facility Zoning Clearance or Minor Conditional Use Permit:

1. The application shall indicate the number of children to be cared for, including the applicant's children under 10 years of age; the number of employees; hours of operation and outdoor playtime; and State license number. The application and site plan shall clearly show compliance with applicable standards.

2. A site plan (8-1/2" x 11") showing: location and dimensions of existing residence and other structures, including: fencing; outdoor play structures and equipment; distance to property line; parking areas and number of spaces both on-site and off-site spaces contiguous to property lines; access and traffic circulation.

3. An accurate traffic circulation plan showing parking, circulation and drop-off areas.

C. Standards for childcare facilities allowed with a Zoning Clearance.

1. The operation of any childcare center shall comply with all provisions of the City's Noise ordinance.

2. A facility on a regional street shall provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway.

3. The facility shall comply with all applicable building and fire code provisions adopted by the State and administered by the City Fire Marshal, and California Department of Social Services licensing requirements.

D. Conditions of approval for child day care centers which require a Minor Conditional Use Permit. The operation of a child day care center, in compliance with a Minor Conditional Use Permit as required by Division 2, may be conditioned or limited by the permit, except as may be prohibited by state law applicable to a chartered city, in any manner deemed necessary by the review authority to ensure the preservation of the health, safety and general welfare of the community and the neighborhood where the center is proposed. The scope of permit review and approval shall be limited as required by state law to the following.

1. Noise. The operation of any child care center shall comply with all provisions of the City noise ordinance. The review authority may require conditions of approval to reduce noise impacts including: solid fencing or other sound attenuating devices; restrictions on outside play hours; location of play areas; and placement of outdoor play equipment.

2. Traffic circulation. The traffic circulation plan for all child day care facilities shall be designed to diminish traffic safety problems. A facility on a regional street (as shown on the General Plan Circulation Map) shall provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway. The care provider may be required to submit a plan of staggered drop-off and pickup time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems.

E. Required findings for approval for child day care centers which require a Minor Conditional Use Permit. No Minor Conditional Use Permit for a child day care center shall be granted unless the review authority first makes all of the following findings, in addition to those required by Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits):

1. The facility complies with all applicable requirements of this section; and

2. The facility complies with all applicable building and fire code provisions adopted by the State and administered by the City Fire Marshal, and California Department of Social Services licensing requirements.

F. Notification of proposed action. Not less than 10 working days prior to the date on which the decision will be made on the Minor Conditional Use Permit application, the City shall provide public notice in compliance with Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits) to the applicant, and all owners of property within a 600-foot radius of the exterior boundaries of the proposed parcel. The notice shall state that no hearing on the application shall be held prior to the decision, unless requested by the applicant or owners of property described above.

(Ord. 3677 § 1, 2004; Ord. 2020-001 § 8; Ord. 2024-012, 11/19/2024)

§ 20-42.060 Community care and health care facilities.

Community care and health care facilities shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. The provisions of this Section are intended to facilitate the integration of mentally and physically handicapped persons who are in family residential situations into community life, as mandated by state law applicable to a chartered city, while avoiding the over-concentration of these facilities in any particular neighborhood. The purpose of regulating the location of community care and health care facilities is to permit these services to be available at locations within Santa Rosa, as mandated by state law applicable to a charter city, that are convenient to the public, while requiring the mitigation of or avoiding any adverse effects of the facilities upon surrounding properties to the extent permitted by law.

B. Application requirements. The following shall be included in an application for a community care facility Minor Conditional Use Permit:

1. One copy of a completed Conditional Use Permit application form. The application shall indicate: number of persons to be cared for; number of employees; hours of operation and outdoor playtime; and State license number. The application and site plan shall clearly show conformance to standards.

2. One copy of a site plan (8-1/2″ x 11″) showing: location and dimensions of existing residence and other structures, including: fencing; outdoor play structures and equipment; distance to property line; parking areas and number of spaces both on-site and off-site spaces contiguous to property lines; access and traffic circulation.

3. An accurate traffic circulation plan showing parking, circulation and drop-off areas.

C. Conditions of approval. The operation of a community care or health care facility serving seven or more persons, in compliance with a Minor Conditional Use Permit as required by Division 2, may be conditioned or limited by the permit, except as may be prohibited by State law applicable to a chartered city, in any manner deemed necessary by the review authority to ensure the preservation of the health, safety and general welfare of the community and the neighborhood where the facility is proposed. The scope of permit review and approval shall be limited as required by State law to the following.

1. Spacing and concentration. No proposed community care/health care facility shall be located closer than 300 feet in all directions from any other community care facility, as measured from any point on the exterior walls of both structures. In no case shall a residential parcel be directly abutted by community care facilities on two or more sides.

2. Over-concentration of facilities. The over-concentration of community care/health care facilities in an area shall constitute cause for the denial of a Minor Conditional Use Permit, where it is determined that overconcentration will not be mitigated by conditions that might be imposed upon the Minor Conditional Use Permit and other measures instituted by the applicant. As used in this Section, a condition of "overconcentration" arises wherever two or more community care facilities would be located at a distance of 1,000 feet or less from each other, as measured from any point upon the outside walls of the structures housing the facilities.

Figure 4-1—Overconcentration of Community Care Facilities

3. Age-Restricted Housing or Age-Restricted Care Facilities for Qualifying Residents, as defined in 20-70, are exempt from the spacing and overconcentration requirement of Section 20-42.060 C.1. and C.2.

D. Required findings for approval. No Minor Conditional Use Permit for a community care/health care facility shall be granted unless the review authority first makes all of the following findings, in addition to those required by Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits):

1. That the facility complies with all applicable requirements of this Section; and

2. The facility complies with all applicable building and fire code provisions adopted by the State and administered by the City Fire Marshal, and California Department of Social Services licensing requirements.

E. Notification of proposed action. Not less than 10 working days prior to the date on which the decision will be made on the application, the City shall provide public notice in compliance with Section 20-52.050 (Conditional Use Permits and Conditional Minor Conditional Use Permits) to the applicant, and all owners of property within a 100-foot radius of the exterior boundaries of the proposed parcel. The notice shall state that no hearing on the application shall be held prior to the decision, unless requested by the applicant or owners of property described above.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2024-004, 2/27/2024)

§ 20-42.064 Drive-through retail and service facilities.

Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), retail or service uses providing drive through facilities shall be designed and operated to effectively mitigate problems of traffic congestion, excessive pavement, litter, noise, and unsightliness.

A. Drive-through aisles shall have a minimum 20 foot radius at curves and a minimum width of 12 feet.

B. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings.

C. Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.

D. The adequacy of vehicle queuing capacity of the drive-through facility and the design and location of the ordering and pickup facilities shall be determined by the review authority

E. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking facilities.

(Ord. 3677 § 1, 2004)

§ 20-42.070 Home occupations.

Home occupations shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. The provisions of this section are intended to allow limited business activity to occur within a residence, where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. Home occupations are also a means of promoting workplace alternatives consistent with General Plan goals. It is not the intent of this section to override lawful "residential use only" restrictions set forth in Conditions, Covenants, and Restrictions or similar provisions.

B. Prohibited uses. The following uses and similar activities are prohibited as home occupations, except that welding, woodworking, or metal working shops are allowed within the Maker Mixed Use (MMU) zoning district, subject to required permits and compliance with all City Code performance standards:

1. Animal hospitals;

2. Automobile/vehicle repair shops;

3. Bee keeping;

4. Kennels, including pet day care;

5. Pet grooming shops;

6. Raising of animals for commercial purposes;

7. Weapons or ammunition sales;

8. Welding shops;

9. Woodworking or metal working shops.

C. Permit requirements. A home occupation shall require Minor Conditional Use Permit or Conditional Use Permit approval in compliance with this subsection if it not considered exempt. The approval shall run with the parcel where granted and shall not be transferred to another location.

1. Exempt home occupations. A home occupation that complies with the following requirements and standards, including a cottage food operation (CFO) for off-site sale, shall not require the approval of a Minor Conditional Use Permit or Conditional Use Permit:

a. The occupation involves only the use of common household equipment, including, but not limited to, the computer/internet, telephone, and mail; or

b. The occupation is conducted elsewhere, but some or all of the equipment and materials are kept in one vehicle garaged on the premises; or

c. The occupation utilizes the home as an adjunct to a principal office located elsewhere, and no customers, clients, students, patients, or persons in similar relationships to the office's affairs visit the home as a regular business practice; or

d. The occupation involves tutoring of no more than two students at one time.

2. Standards for exempt home occupations.

a. The home occupation is conducted only within the main dwelling; and

b. The home occupation does not involve the direct transfer or sale of goods or commodities to clients upon or from the dwelling or any residential property; and

c. The home occupation shall not generate vehicular or pedestrian traffic not normally associated with a single-family residential use. There shall be no employees other than resident of the dwelling, and no customers or clients shall visit the home as a regular business practice (excluding the tutoring of no more than two students at one time); and

d. The home occupation shall occupy no more than 25 percent of the floor space of the main dwelling. The use of a garage in connection with a home occupation shall not interfere with vehicular storage; and

e. There shall be no exterior indication of the home occupation. No exterior signs or other form of advertising which informs the public of the address of the home occupation shall be used; and

f. The home occupation shall not generate noise, odor, dust, vibrations, fumes, smoke, glare, or electrical or electronic interference or other interference with the residential use of neighboring properties.

3. Home occupations requiring Minor Conditional Use Permit approval. The Zoning Administrator may grant a Minor Conditional Use Permit for a home occupation that meets all of the following criteria:

a. The home occupation utilizes the services of no more than two nonresident employees or independent contractors;

b. Parking shall be provided in compliance with the following standards:

(1) One on-site parking space for each client and/or customer/employee arriving by vehicle,

(2) Customers, clients, and/or employees shall be directed to park on site,

(3) Parking required for customers/clients/employees may be: tandem; within a driveway; or some other on-site location other than within a required setback,

(4) All proposed parking areas shall require Design Review approval prior to construction to ensure that the residential character of the neighborhood is maintained,

(5) The required parking spaces for each residential unit (excluding visitor parking) shall be maintained and regularly utilized for daily parking by the resident occupants. The home occupation shall not cause resident occupants to park their vehicles in other locations, and

(6) In lieu of on-site parking, the Commission may consider and approve the use of on-street parking if the Commission finds that sufficient parking exists on the neighborhood streets and the use of on-street parking will not adversely impact neighborhood residential parking availability nor create a nuisance for neighborhood residents;

c. The use of an accessory structure may not be detrimental to adjoining residential properties and their residents.

D. Standards for all home occupations. Each home occupation shall comply with all of the following standards:

1. The home occupation is conducted by a resident occupant of the dwelling.

2. There shall be no signs except for street address, and/or name identification as provided for in Chapter 20-38 (Signs) and a three-by five-inch placard located on the front door or adjacent the doorbell that identifies the home occupation.

3. There shall be no outdoor storage of supplies, merchandise, or other materials utilized in the home occupation.

4. There shall be no routine or regular outside activities such as: truck loading/unloading (exclusive of occasional deliveries); preparation of work equipment or supplies; production, processing, repair or similar work.

5. There shall be no advertising which informs the public of the address of the home occupation.

6. The home occupation shall comply with all other applicable laws.

7. The home occupation will not generate noise, odor, dust, vibrations, fumes, smoke, glare, electrical, or electronic interference with the residential use of adjacent properties.

E. Microenterprise Home Kitchen Operation (MEHKO) is not considered a Home Occupation and is exempt from land use requirements as listed in Section 20-21.040, Exemptions from land use requirements.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 24; Ord. 2021-012 § 33; Ord. 2025-014, 11/18/2025)

§ 20-42.080 Live/work and work/live units.

Live/work and work/live units shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. This section provides standards for the development of new live/work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units. Live/work and work/live units are intended to be occupied by business operators who live in the same structure where the commercial activity or industry occurs. A live/work unit is intended to function predominantly as living space with incidental accommodations for work-related activities that are beyond the scope of a home occupation. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.

B. Limitations on use. The nonresidential component of a live/work or work/live project shall be a use otherwise allowed within the applicable zoning district, subject to the following additional limitations:

1. Prohibited uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:

a. Adult businesses; or

b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.).

2. Live/work unit. A live/work unit shall not be established or used in conjunction with any of the following activities:

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

b. Welding, machining, or any open flame work; except as permitted as Subsection B.1.e, below.

c. Any use defined by Division 7 (Glossary) as "Manufacturing/Processing—Heavy";

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

e. A live/work unit may be established in conflict with Subsections B.1.a and b, within the Maker Mixed Use (MMU) zoning district only, with necessary approvals from City fire and building officials, and subject to all performance standards within the City Code.

C. Density/floor area ratio. Live/work and work/live units shall comply with the maximum density or floor area ratio requirements of the applicable zoning district, except that live/work and work/live units within the CSC, BP, IL, or IG zones shall not exceed a density of 30 dwelling units per acre.

D. Design standards.

1. Live/work floor area requirements. The minimum net total floor area of a live/workspace shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for work space. All floor area other than that reserved for working space shall be reserved and regularly used for living space.

2. Work/live floor area requirements. The minimum net total floor area of a work/live space shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for living space. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

3. Separation and access. Each live/work or work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or the public street sidewalk; and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.

4. Facilities to accommodate commercial or industrial activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

5. Integration of living and working space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or other similar private spaces.

6. Mixed occupancy buildings. If a building contains mixed occupancies of live/work or work/live units and other nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the Building Official.

E. Operating requirements.

1. Occupancy. A live/work or work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.

2. Sale or rental of portions of unit. No portion of a live/work or work/live unit may be separately rented or sold as a commercial space for any person not living in the unit or as a residential space for any person not working in the same unit.

3. Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

4. Nonresident employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the Minor Conditional Use Permit. The employment of three or more persons who do not reside in the live/work or work/live unit may be permitted subject to Conditional Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable Building Code requirements.

5. Client and customer visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the applicable Minor Conditional Use Permit or Conditional Use Permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas or uses.

F. Changes in use. After approval, a live/work or work/live unit shall not be converted to entirely residential use unless authorized through Minor Conditional Use Permit approval. Minor Conditional Use Permit approval shall require that the Zoning Administrator first find that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.

G. Required findings. The approval of live/work or work/live unit shall require that the review authority first make all of the following findings, in addition to all findings required for Minor Conditional Use Permit approval.

1. The proposed use of each live/work or work/live unit is a bona fide commercial or industrial activity consistent with Subsection B (Limitations on use);

2. The establishment of live/work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; and

3. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially-zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 25)

§ 20-42.090 Mixed use projects.

Mixed use projects shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Design considerations. A mixed use project shall be designed to achieve the following objectives:

1. The design shall provide for internal compatibility between the different uses.

2. Potential noise, hours of operation, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

3. The design of the mixed use project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.

4. The design of a mixed use project shall ensure that the residential units are of a residential character, and that privacy between residential units and between other uses on the site is maximized.

5. The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture.

6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.

B. Mix of uses. A mixed use project may combine residential units with any other use, or combination of uses allowed in the applicable zoning district; provided that where a mixed use project is proposed with a use that is otherwise required to have Minor Conditional Use Permit or Conditional Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement.

C. Maximum density/maximum FAR. The residential component of a mixed use projectshall comply with the maximum density requirements of the applicable zoning district. Mixed use projects located within the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU) and Neighborhood Mixed Use (NMU) zoning districts shall comply with the designated maximum FAR unless as provided for in Table 2-8.

D. Site layout and project design standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements:

1. Loading areas. Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible.

2. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

E. Performance standards.

1. Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units.

2. Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise, in compliance with the City's noise regulations.

3. Hours of operation. Outside of the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU) and Neighborhood Mixed Use (NMU), a mixed-use project proposing a commercial component that will operate outside normal business hours (8:00 a.m. to 6:00 p.m.) shall require the Zoning Administrator's approval to ensure that the commercial use will not negatively impact the residential uses within the project.

F. Requirements for Conditional Use Permit projects. A mixed use project that requires Conditional Use Permit approval in compliance with Subsection B, or that is located in the CG or IL zoning districts may be subject to the following requirements, as determined by the review authority.

1. Conditions of approval that require provisions and standards in addition to, or instead of the property development standards of the applicable zoning district to ensure the compatibility of uses and surroundings; or

2. Less restrictive standards than required by the applicable zoning district, to the extent allowed by Conditional Use Permit approval in other sections of these regulations, to make particular use combinations more feasible.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 26)

§ 20-42.094 Mobile homes and manufactured housing.

A mobile home/manufactured housing unit located outside of mobile home park shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Site requirements. The site, and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.

B. Mobile home design and construction standards. A mobile home outside of a mobile home park shall comply with the following design and construction standards.

1. The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.

2. The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 2.5:12.

3. The mobile home shall be placed on a foundation system, subject to the approval of the Building Official; and

4. The mobile home shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.), and has been constructed after January 1, 1989.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)

§ 20-42.100 Mobile home parks.

Mobile home parks shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Location criteria. In determining the desirability of permitting the development of a mobile home park outside of the MH zoning district, the review authority shall be guided by the General Plan and by the following considerations:

1. The relationship of proposed project to the existing and proposed street network;

2. The relationship of the proposed project to public facilities, including existing or proposed shopping centers and schools;

3. The effect of the proposed project on adjoining uses and the effect of adjoining uses on the project;

4. The general impact of the proposed mobile home park on the immediate vicinity and terrain; and

5. The compatibility of the proposed park to surrounding uses and land use densities.

B. Development standards. A mobile home park shall be designed and constructed in compliance with the following standards, except as otherwise provided in this Zoning Code or as modified by Conditional Use Permit.

1. Minimum site area. A mobile home park shall require a minimum site area of five acres.

2. Residential density. A mobile home park shall comply with the residential density requirements of the General Plan.

3. Setback requirements.

a. Mobile home park boundaries.

(1) Front. Each mobile home park shall have a front setback measured from the front property line to the nearest mobile home lot line not less than 20 feet for the full width of the parcel.

(2) Sides and rear. Each mobile home park shall have a rear setback and side setbacks measured from the property line to the nearest mobile home lot line, not less than 15 feet on all sides of the parcel, except where a side or rear setback abuts a street, in which case the setback shall not be less than 20 feet.

b. Setbacks for individual mobile homes.

(1) Front and rear. There shall be an aggregate front and rear setback width of at least 20 feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. No front or rear setback shall be less than five feet.

(2) Sides. There shall be a minimum side setback of five feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. Where the side setback abuts an internal access road, public parking area, or walkway, that side setback shall be not less than 10 feet in width.

(3) Separation between structures. Where a mobile home is located near any permitted building other than another mobile home, the minimum space between the mobile home and the other building shall be 20 feet.

4. Height limit. No structure shall exceed a maximum height of two stories, or 35 feet.

5. Access and street standards.

a. Pedestrian access. Pedestrian access into the mobile home park shall be provided by connecting the interior pedestrian pathway network with sidewalks located in the rights-of-way of perimeter streets.

b. Vehicular access. Vehicular access to mobile home parks shall be from abutting regional or transitional streets. Vehicular access to mobile home parks from local streets in the R-1 and R-2 zones shall be prohibited. One vehicular access to mobile home parks from each abutting regional or transitional street may be permitted.

c. Internal access roads. Internal access roads shall be paved to a width of not less than 25 feet. Internal access roads of less than 25 feet may be permitted when mobile home orientation is toward interior open space. Internal access roads shall be 32 feet in width if car parking is permitted on one side, and 40 feet in width if car parking is permitted on both sides. Widths shall be measured from the flowline for both standard curb construction and rolled curb construction.

(1) No mobile home park entrance shall be located closer than 100 feet to any intersection of any public streets.

(2) All internal access road cul-de-sacs shall have a minimum outside turning radius of 32 feet.

(3) All internal corners shall have minimum 15-foot radii.

(4) Curbs and gutters shall be installed on both sides of all internal access roads. Curbs may be roll-type rather than vertical.

(5) All internal access roads shall be adequately lighted.

(6) Each site shall have access directly to an internal access road.

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

6. Walls, fences and landscaping.

a. Required fences and walls. A six-foot high solid masonry wall or such other decorative fencing or screening of a similar nature as determined by the review authority shall be constructed along all boundaries adjoining other properties and 15 feet back of the property line adjacent to any public street unless otherwise approved.

b. Park perimeter landscaping. All setbacks and incidental open space areas shall be landscaped and maintained. Landscaping shall include trees not less than a number determined by dividing the number 25 into the number of linear feet of frontage abutting public streets. The trees shall be at least eight feet in height. An irrigation system shall be included within all landscaped areas, and other assurances given prior to the development of the mobile home park that all landscaping shall be adequately maintained.

c. On-site landscaping. In the design of the mobile home park, the developer shall make every effort to retain existing trees. Not less than 20 percent of each mobile home space shall be landscaped with plant materials, including at least one tree at least eight feet in height with a trunk diameter of at least one inch measured one foot above ground level. Tree selection shall be a part of the landscape plan review process.

7. Grading. Mobile home parks in areas of excessive slope may require additional lot area to minimize cut and fill slopes; however, where mobile home sites are graded into stepped pads, there shall be no more than a three-foot vertical elevation difference between adjoining pads whether separated by an internal access road or not.

8. Required patio. A patio of wood, concrete or a combination thereof, having a minimum area of 160 square feet, shall be installed as part of each mobile home lot prior to occupancy of the unit.

9. Storage.

a. Tenant storage. A minimum of 75 cubic feet general storage locker shall be provided for each mobile home space. Storage lockers may be located on the mobile home lot or in locker compounds located within close proximity of the mobile home lot being served.

b. RV storage areas. Areas of a minimum size of 10 by 20 feet for the storage of camping trailers, boats, campers, and other similar vehicles and recreational equipment shall be constructed of a dust free allweather surface and shall be enclosed by a six-foot, sight-obscuring decorative fence and gate.

10. Accessory structures.

a. All accessory structures, including carports, storage lockers, recreation and management buildings, cabanas and ramadas, shall be of a consistent design theme and shall be subject to Design Review.

b. No accessory structure shall be constructed as a permanent part of a mobile home.

11. Management office. Each mobile home park shall maintain a management office. Suitable facilities shall be provided for mail distribution.

12. Storage of mobile homes. No mobile home shall be hauled to or stored within a mobile home park unless it is properly erected on a site approved for its use.

13. Sanitary sewer. Each mobile home space shall be provided with a connection to a City sewer line, either directly or indirectly.

14. Utilities. All utility service within a mobile home park shall be underground.

15. Refuse disposal. Refuse disposal shall be by central collection containers located behind decorative screens.

(Ord. 3677 § 1, 2004)

§ 20-42.110 Outdoor display and sales.

The provisions of this section apply to permanent outdoor display and sales activities, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). See also Sections 20-36.030.C (Restriction of parking facility use), and 20-52.040 (Temporary Use Permits) for requirements applicable to temporary facilities.

A. Outdoor displays and sales on private property. The permanent outdoor display and sale of merchandise is allowed subject to the following standards.

1. The outdoor display of merchandise shall not exceed a height of six feet above finished grade, unless a greater height is allowed by the review authority.

2. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed by the review authority.

3. Displayed merchandise shall occupy a fixed, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, easements, required exits from existing buildings, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for vehicle or pedestrian traffic.

4. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the same parcel.

5. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.

6. Outdoor display and sales shall comply with Section 20-36.030.C (Restriction of parking facility use).

B. Outdoor eating areas on private property. A restaurant allowed by Division 2 may include both indoor and outdoor eating areas, provided that the outdoor eating area shall also comply with restaurant parking requirements of Chapter 20-36 (Parking and Loading Standards). See Section 20-42.160 for sidewalk café regulations. A Zoning Clearance is required for outdoor eating areas in the Core Mixed Use (CMU), Station Mixed Use(SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), Office Commercial (CO), Neighborhood Commercial (CN), General Commercial (CG), Commercial Shopping Center (CSC) and Transit Village Mixed (TV-M) zoning districts. A Minor Conditional Use Permit is required for all other zoning districts.

C. Business use of the public right-of-way within the CMU, SMU, MMU and NMU zoning districts. The display of merchandise, and news racks may be permitted on any public right-of-way within these zones subject to compliance with the following criteria, in addition to the requirements of Section 20-42.160 (Sidewalk cafés), where applicable.

1. Location requirements, and sidewalk clear zone. A paved pedestrian walkway shall be maintained between property line and edge of curb, free and clear of and obstructions.

a. The display of merchandise, news racks shall not obstruct sidewalk pedestrian traffic; accessibility to vehicles parked adjacent to the curb or create health or safety hazards.

b. The placement of merchandise, news racks shall be limited to the sidewalk area frontage adjacent to the use.

c. All merchandise, news rack, areas must be level with sidewalk, and handicap accessible.

2. Encroachment Permit required. The applicant shall obtain a revocable Encroachment Permit.

a. An Encroachment Permit will not be approved for portable or other signs within the public right-of-way.

b. Upon approval of the Encroachment Permit the applicant shall obtain all required building/electrical permits.

3. Insurance. Applicant shall obtain, maintain and provide proof of a comprehensive general liability insurance in an amount of $1 million or more (for each occurrence), naming the City as additionally insured. Proof of insurance shall be submitted prior to issuance of the Encroachment Permit and shall be provided annually thereafter. The applicant's insurance shall be primary.

4. Issuance of permit. Once all requirements are met, the City shall provide the Encroachment Permit.

(Ord. 3677 § 1, 2004; Ord. 2020-014 § 27)

§ 20-42.120 Recycling facilities.

This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Reverse vending machines. Reverse vending machines shall comply with the following standards.

1. Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.

2. Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.

3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. All signs for reverse vending machines shall comply with the overall site sign area limitations in Chapter 20-38 (Signs).

4. Lighting. Each machine shall be illuminated to ensure safe operation if the machine is accessible between dusk and dawn. Each outdoor light shall comply with the requirements of Section 20-30.080 (Outdoor Lighting).

B. Small collection facilities. A small collection facility shall comply with the following standards.

1. Location requirements. A small collection facility shall:

a. Not be located within 50 feet of any parcel zoned or occupied for residential use; and

b. Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

2. Maximum size. A small collection facility shall not occupy more than 600 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4. Operating standards for small collection facilities. Small collection facilities shall:

a. Not use power-driven processing equipment, except for reverse vending machines;

b. Accept only glass, metal, or plastic containers, paper, and reusable items;

c. Use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and

d. Be screened where determined by the review authority to be necessary because of excessive visibility.

5. Signs. Non-illuminated signs may be provided as follows:

a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

b. Additional directional signs, consistent with Chapter 20-38 (Signs), may be approved by the review authority if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6. Parking requirements.

a. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.

b. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.

C. Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned for residential use.

2. Container location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and

3. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

4. Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

5. Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

6. Operating standards.

a. The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors.

b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

D. Processing facilities. Processing facilities shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.

2. Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.

3. Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.

4. Container location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and

5. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;

6. Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls;

7. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

(Ord. 3677 § 1, 2004)

§ 20-42.130 Accessory dwelling units.

Accessory dwelling units shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. The provisions of this section are intended to set standards, in compliance with California Government Code Sections 66310, 66311, and 66312, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood.

B. General requirements. An accessory dwelling unit:

1. May be located on any lot that allows a single-family or multifamily residential use and includes a proposed or existing dwelling.

2. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.

3. Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.

4. Shall not be used for rentals with terms of less than 30 days.

5. Shall not be sold or otherwise conveyed separate from the primary residence.

6. Shall be required to dedicate street right-of-way in accordance with Section 18-12.030 of the Santa Rosa City Code when the right-of-way is needed to support a circulation element identified in the General Plan or any associate specific plan, unless otherwise approved through a waiver process described in Section 18-12.050.

C. Permit requirements. An application for an accessory dwelling unit or junior accessory dwelling unit that complies with all applicable requirements of this Section shall be approved ministerially.

1. If the Department, together with utility providers and County Environmental Health when a septic system is utilized, has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the Department denies an application for an accessory dwelling unit or junior accessory dwelling unit, it shall provide in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

2. A permit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

3. A permit shall not be denied for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, because, among other conditions, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the Department finds that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure as identified in Health and Safety Code Section 17920.3 (Substandard Buildings).

4. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant is not required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit.

D. Accessory Dwelling Units—Application and processing requirements.

1. Step one—Submittal. The application for an accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for an accessory dwelling unit permit shall include all of the following (except as noted below):

a. Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.

b. Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.

c. Elevations. Architectural elevations of each side of the proposed structure showing all wall height dimensions, openings, exterior finishes (including siding and window materials), original and finish grades, paint color, and roof pitch. The color of the existing or proposed primary residence shall be included if necessary to demonstrate compliance with Subsection E.6 or E.14, below. Applications for accessory dwelling units which do not modify a building's exterior are not required to submit elevations per this Subsection c.

2. Step two—Decision. The Department shall approve or deny an application for an accessory dwelling unit permit within 60 days of submittal of a complete application. The accessory dwelling unit permit shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this Section.

3. Utility connections and fees.

a. Except as provided in Subsection D.3.b, a separate new utility connection and payment of a connection fee or capacity charge pursuant to State law and City fee schedule will be required for any new accessory dwelling unit.

b. No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single-family residence or an accessory structure, or for accessory dwelling units that are 750 square feet or smaller. Any impact fee charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to square footage of the primary dwelling unit.

E. Accessory Development standards. An accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:

1. General. No development standards shall be applied that would prohibit up to an 800 square foot accessory dwelling unit that is no more than 16 feet in height with four-foot side and four-foot rear setbacks to be constructed in compliance with all other local development standards.

2. Setbacks.

a. Single-family residential districts including single-family PD districts. An accessory dwelling unit shall comply with the following setback requirements:

(1) A new attached or detached 800 square foot accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback, and a front setback consistent with that of the primary dwelling unit in a standard zoning district, or the most similar zoning district in the case of a PD. An 800 square foot accessory dwelling unit that complies with all other development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build an accessory dwelling unit on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this Subsection. Side-corner setbacks shall be a minimum of eight feet.

b. Multifamily districts including multifamily PD districts. An accessory dwelling unit shall comply with the following setback requirements.

(1) A new attached or detached accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback, except when abutting an R-3 zoning district, in which case no minimum side or rear setback is required. The front setback shall be consistent with a primary dwelling unit in the applicable standard zoning district, or the most similar standard zoning district in the case of a PD. Side-corner setbacks shall be a minimum of eight feet.

(i) If the existing multifamily dwelling exceeds height requirements or has a rear or side setback of less than four feet, the Department shall not require modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit.

c. No setback shall be required for an existing legally constructed living area, garage, or other accessory structure that is converted to an accessory dwelling unit with independent exterior access from an existing or proposed residence. A setback of five feet from the side and rear property lines is required for an accessory dwelling unit constructed above an existing legally constructed or proposed garage.

d. Any new attached accessory dwelling unit, detached accessory dwelling unit or expansion of the single-family dwelling to support the internal conversion for an accessory dwelling shall be designed to maintain appropriate setbacks, as described in Subsection E.2.a and b above, from the future width of any abutting public streets. Future street configurations shall be based on the widths, standards and right-of-way lines in the circulation element of the Santa Rosa General Plan, the City Street Design and Construction Standards, City street lists or specifically addressed in a resolution adopted by the City Council.

3. Maximum floor area.

a. New detached unit. No newly constructed detached accessory dwelling unit may contain habitable space in excess of 1,200 square feet.

(1) An automatic fire sprinkler system shall be installed throughout structures that exceed 1,200 square feet total floor area.

b. New attached unit. No newly constructed attached accessory dwelling unit may contain habitable space in excess of 50 percent of the existing residential square footage except that 850 square feet total floor area must be allowed for studio or one-bedroom ADUs, and 1,000 square feet total floor area must be allowed for more than one-bedroom ADUs.

(1) An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50 percent of the existing total floor area.

c. Internal conversion. An accessory dwelling unit created entirely by the internal conversion of an existing or proposed single-family dwelling shall not occupy more than 45 percent of the existing habitable space of the residence, excluding the garage, nor shall it exceed 1,200 square feet except that 850 square feet total floor area must be allowed for studio or one-bedroom ADUs, and 1,000 square feet total floor area must be allowed for more than one-bedroom ADUs. An accessory dwelling unit created entirely by the internal conversion of a detached accessory structure shall not exceed a maximum of 1,200 square feet.

(1) An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50 percent of the existing total floor area.

4. Height limit.

a. A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet, except as follows:

(1) The Department shall allow an additional two feet in height (up to 18 feet) to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch on the primary dwelling unit.

(2) A detached accessory dwelling unit on a lot with an existing or proposed single family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor shall not exceed a height of 18 feet.

(3) A height of 18 feet is also permitted for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. A height of 25 feet applies to an accessory dwelling unit that is attached to a primary dwelling. This provision does not require the Department to allow an accessory dwelling unit to exceed two stories.

b. A two-story accessory dwelling unit shall not exceed a maximum height of 27 feet. No accessory dwelling unit shall exceed 27 feet in height.

c. When an accessory dwelling unit is located above an existing or proposed garage, carport or other accessory structure, the entire combined structure shall not exceed 27 feet in height. No accessory dwelling unit shall exceed 27 feet in height.

5. Lot coverage. An accessory dwelling unit shall comply with the lot coverage requirements of the applicable zoning district or the most similar zoning district in the case of a PD, except as referenced in Subsection E.1, above.

6. Architectural compatibility. Architectural compatibility between the accessory dwelling unit and primary dwelling unit shall be demonstrated by matching one or more of the following qualities of the accessory dwelling unit to the proposed or existing primary dwelling unit:

a. Color;

b. Siding material and style; or

c. Architectural features.

7. Exterior entrance. An accessory dwelling unit must include a separate exterior entrance.

8. Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.

9. Residential development. A residential dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit.

10. Number per lot.

a. A maximum of one detached or attached accessory dwelling unit, one accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, and one junior accessory dwelling unit shall be permitted on any single-family lot zoned for single-family uses.

b. The number of accessory dwelling units allowed within a multifamily dwelling are limited to not more than 25 percent of the existing number of multifamily dwelling units on the property, except that at least one accessory dwelling unit shall be allowed. These accessory dwelling units shall be allowed within the portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

c. No more than two detached or attached ADUs are permitted on any multifamily lot developed with an existing or a proposed multifamily dwelling.

d. No more than eight detached ADUs are permitted on any multifamily lot with an existing multifamily dwelling provided that the number of detached ADUs does not exceed the existing number of multifamily units on the lot.

e. A maximum of one ADU per lot is allowed when both provisions of Senate Bill 9 - Government Code Sections 65852.21 (Two-unit development) and 66411.7 (Urban lot split) are invoked, provided the two following requirements are met.

(1) The parcel is located outside of the City's Wildland Urban Interface (WUI).

(2) The street to access the parcel is at least 36 feet wide, with parking provided on both sides or at least 30 feet wide, with parking limited to one side of the street.

No ADUs are permitted on lots created and developed as allowed by SB 9 which do not meet requirements 1 and 2 above.

11. Parking. One off-street parking space is required for an accessory dwelling unit, except as set forth below. The off-street parking shall be permitted uncovered, compact, tandem and in setback areas, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific site or topographical or fire and life safety conditions. No off-street parking shall be required if one or more of the following circumstances exist:

a. The accessory dwelling unit is 750 square feet or less in area, or a studio unit.

b. The accessory dwelling unit is located within one-half mile walking distance of public transit.

c. The accessory dwelling unit is located within a historic preservation district.

d. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

e. When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.

f. When there is a car share vehicle located within one block of the accessory dwelling unit.

g. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot.

h. To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car share vehicle or its location within a historic preservation district, or proof of local parking permit requirements.

i. No replacement off-street parking spaces are required when an accessory dwelling unit is created through the conversion or demolition, of a garage, carport or covered parking structure or uncovered parking space.

j. The appointment, responsibilities, and other aspects of the Design Review and Preservation Board, which shall serve as the City of Santa Rosa's historic and cultural preservation review authority, hereafter referred to in this Chapter as the "DRPB," shall comply with Section 20-60.060 (Design Review and Preservation Board).

k. A detached accessory dwelling unit is permitted to include an attached garage.

12. Standards for proposed accessory structures attached to an existing or proposed accessory dwelling unit.

a. A proposed accessory structure with a floor area less than 50 percent of the accessory dwelling unit floor area:

(1) Shall be processed ministerially in conjunction with the accessory dwelling unit.

(2) Shall comply with the lot coverage and setback requirements of this section.

(3) Shall comply with the 16-foot height limit for an accessory structure as required by Zoning Code Section 20-42.030.

b. A proposed accessory structure with a floor area that exceeds 50 percent of the total floor area of the accessory dwelling unit:

(1) Is subject to any discretionary review required by this Zoning Code.

(2) Shall comply with lot coverage, height, and setback requirements for an accessory structure in the applicable standard zoning district or the most similar standard zoning district in the case of a PD.

(3) Shall comply with any applicable hillside and/or creekside setbacks.

13. Standards for hillside areas.

a. Applicability. The development standards outlined below shall apply to accessory dwelling unit development on that portion of a site with a slope of 10 percent or greater.

b. Development standards. An accessory dwelling unit exceeding the applicable maximum height for a one-story accessory dwelling unit indicated in Subsection E.4.a, or 800 square feet, shall observe 15-foot setbacks from side and rear property lines. When a building site abuts another parcel with a difference in vertical elevation of three feet or more, the required side and/or rear yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer. Accessory dwelling units that are 800 square feet or less, and which comply with the maximum height requirements for a one-story accessory dwelling unit as described in Subsection E.4.a, shall provide a minimum four-foot side and four-foot rear setback, consistent with this Section.

14. Standards for Historic Preservation Districts.

a. Applicability. The requirements outlined below shall apply to new accessory dwelling units within the Historic (-H) Combining District.

b. Architectural Compatibility. Architectural compatibility between the accessory dwelling unit and primary dwelling unit shall be demonstrated by one of the following means:

(1) 

Matching each of the following qualities of the accessory dwelling unit to the proposed or existing primary dwelling unit:

(A) Color,

(B) Siding material and pattern, and

(C) Architectural features; or

(2) Through the preparation of a historic resource survey by a qualified professional that concludes the proposed accessory dwelling unit will not negatively impact historic resources on the property, will be consistent with Secretary of the Interior Standards for Treatment of Historic Properties.

15. Standards for creekside development.

a. Applicability. The development standards outlined below shall apply to accessory dwelling unit development within the specified distances to waterways as indicated in Section 20-30.040 – Creekside Development.

b. Development standards. An accessory dwelling unit exceeding 16 feet in height, or 800 square feet, shall observe setbacks referenced in Section 20-30.040. Accessory dwelling units that are 800 square feet or less, and no greater than 16 feet in height, shall provide a minimum four-foot side and four-foot rear setback, consistent with this Section.

16. Fire sprinkler system. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling or an existing multifamily dwelling.

17. Ownership. The Department shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.

F. Junior accessory dwelling unit. The following provisions are intended to set standards, in compliance with California Government Code Section 66333-66339, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this section to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.

1. General requirements. A junior accessory dwelling unit:

a. May be located on any lot that allows single-family or multifamily dwellings and that contains only one existing or proposed single-family detached dwelling. Only one junior accessory dwelling unit shall be permitted per parcel.

b. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.

c. Shall not be used for rentals with terms of less than 30 days.

d. A maximum of one JADU per lot is allowed when both provisions of Senate Bill 9 - Government Code Sections 65852.21 (Two-unit development) and 66411.7 (Urban lot split) are invoked, provided the two following requirements are met.

(1) The parcel is located outside of the City's Wildland Urban Interface (WUI).

(2) The street to access the parcel is at least 36 feet wide, with parking provided on both sides or at least 30 feet wide, with parking limited to one side of the street.

No JADUs are permitted on lots created and developed as allowed by SB 9 which do not meet requirements 1 and 2 above.

2. Permit requirements. An application for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.

3. Application and processing requirements.

a. Step one—Submittal. The application for a junior accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a junior accessory dwelling unit permit shall include all of the following:

(1) Plot plan. If any expansion of the foundation is required for a junior accessory dwelling unit, a plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.

(2) Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.

(3) Deed restrictions. Deed restrictions completed, signed and ready for recordation in compliance with Subsection G.

b. Step two—Decision. The Department shall approve or deny an application for a junior accessory dwelling unit permit within 60 days of submittal of a complete application. A junior accessory dwelling unit permit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this Section. A permit for a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.

c. Utility connection fees.

(1) No new or separate utility connection and no connection fee for water, sewer, or power is required for a junior accessory dwelling unit.

4. Development standards. A junior accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:

a. Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in total floor area.

b. Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing or proposed single-family dwelling, which includes the walls of an attached garage. However, an additional 150 square feet is permitted to allow for a separate entrance into the unit.

c. Kitchen. The junior accessory dwelling unit must contain a kitchen with the following minimum criteria:

(1) A kitchen sink having a clear working space of not less than 30 inches in front;

(2) A cooking appliance having a clear working space of not less than 30 inches in front;

(3) A refrigeration facility having a clear working space of not less than 30 inches in front;

(4) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

d. Sanitation. Bathroom facilities may be separate from or shared with the single-family dwelling. A separate bathroom facility shall be provided if the junior accessory dwelling unit does not include an interior entry into the primary residence.

e. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single-family dwelling. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.

f. Parking. Off-street parking shall not be required for junior accessory dwelling units. No replacement off-street parking spaces are required when a junior accessory dwelling unit is created through the conversion or demolition, of an attached garage, carport or covered parking structure.

G. Deed restrictions. Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:

1. The junior accessory dwelling unit shall not be sold separately from the single-family residence;

2. The junior accessory dwelling unit shall be considered legal only so long as either the primary residence or junior accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization;

3. The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval junior accessory dwelling unit and may result in legal action against the property owner;

4. The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction;

5. A junior accessory dwelling unit shall not exceed 500 square feet of total floor area and shall comply with the development standards in Subsection F.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 §§ 15, 16, 2011; Ord. 2017-024 § 7; Ord. 2018-020 § 2; Ord. 2020-003 § 2; Ord. 2021-012 §§ 34, 35; Ord. 2023-003 §§ 2–6; Ord. 2025-001, 1/28/2025)

§ 20-42.140 Residential small lot subdivisions.

A small lot residential project shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. The provisions of this section are intended to provide opportunities to increase the supply of smaller dwelling units and rental housing units by allowing the creation of subdivisions with smaller lots and dwellings, and to establish design and development standards for these projects to ensure that they are compatible with the surrounding neighborhood, where the General Plan anticipates no change to existing neighborhood character.

B. Location. A small lot subdivision shall not be allowed where the review authority determines that public utilities and services are inadequate.

C. Project review and approval. A proposed small lot subdivision shall be reviewed in compliance with Section 20-52.050 (Conditional Use Permit and Minor Conditional Use Permit), and a Tentative Map in compliance with the Subdivision Ordinance (City Code Title 19).

D. Permit requirements. A Minor or Conditional Use Permit for a small lot project shall be reviewed and approved by the applicable review authority prior to the approval of a Tentative Map. Applications for a Minor or Conditional Use Permit and Tentative Map approval may be submitted and considered concurrently, provided that the Conditional Use Permit is first approved. The Minor or Conditional Use Permit shall be prepared, filed, processed, and approved or disapproved in compliance with Section 20-52.050 (Conditional Use Permit and Minor Conditional Use Permit).

E. Allowable land uses and permit requirements. A small lot project may be developed with, and used for, only the land uses allowed by the zoning district applicable to the site, except as the range of allowed uses may be limited by a Minor or Conditional Use Permit approval.

F. Site planning and project design standards.

1. Allowed lot configurations. A small lot project may be designed to include zero lot lines, angled Z lots, zipper lots, alternate-width lots, quad lots, and motor court lots.

2. Maximum density. A small lot project shall not exceed maximum density allowed by the applicable zoning district, or 18 units per acre, whichever is less.

3. Minimum lot area. Except for attached single-family units (e.g., townhouses), or rowhouses, minimum lot area may range from 2,000 to 6,000 square feet. A project that is larger than three acres shall be designed to provide a variety of lot configurations and lot sizes.

4. Setback requirements. Each small lot project shall comply with the following setback requirements, provided that an applicant may propose, and the review authority may approve different setbacks, if the review authority determines that the alternative approach is more appropriate to the characteristics of the site and surroundings. Proposed setbacks shall be shown on the proposed site plan, including identification of proposed building areas, and areas for possible future additions to proposed housing units.

a. Front setback. A minimum front setback of 10 feet shall be required, provided that a one-story covered porch may project up to six feet into the setback, and provided that no front porch shall have a depth of less than six feet. Front yard setbacks shall be varied along each block face.

b. Side setbacks. Except for attached single-family, rowhouse, or zero lot line units, the one-story portions of a proposed structure shall be set back a minimum of four feet from side property lines, and the two-story portions of a structure shall be set back a minimum of eight feet from side property lines.

c. Rear setbacks. A minimum rear setback of 15 feet shall be required, except as provided for garages in Subsection F.4.d, and except where a 10-foot setback is authorized by the review authority in compliance with Subsection F.5.

d. Garage.

(1) Garage facing or near the street. A garage entrance facing a street shall be set back as follows.

(a) 19 feet from the rear of the public sidewalk, or 19 feet from the street property line or street plan line, whichever is greater.

(b) 19 feet from the back of the driveway approach on a private lane with no sidewalks.

(2) Garage near the rear lot line.

(a) A garage entrance facing an alley shall be placed either at a point three to five feet from the edge of the alley, or at a point 19 feet from the edge of the alley.

(b) A garage placed in a rear yard without alley access shall be paced a minimum of four feet from the rear or side property line.

5. Private open space. Each single-family parcel shall provide a minimum of 400 square feet of usable private open space with no dimension less than 15 feet.

6. Height limits. Proposed structures shall not exceed a maximum height of 35 feet for primary structures. Accessory structures shall comply with Section 20-42.030 (Accessory Structures and Uses). Proposed second dwelling units shall comply with Section 20-42.130 (Residential Second Dwelling Units).

7. Site coverage. Proposed structures shall not cover more than 65 percent of the lot.

8. Two-story structures. Proposed dwellings other than row houses and townhouses shall be designed so that:

a. The floor area of a second story is no more than 50 percent of all the roofed first floor area of the dwelling (including covered porch area and an attached garage, but not a detached garage); or

b. 25 percent of the dwelling units in the project are one-story; or

c. All two-story units have one-story elements. Individual unit or project design alternatives other than those in Subsections F.8.a, b, and c above may be authorized by the applicable review authority as part of the Minor or Conditional Use Permit approval.

9. Second dwelling units. A residential small lot subdivision may include second dwelling units, provided that the units comply with the standards in Section 20-42.130 (Residential Second Dwelling Units), except that a second unit over a garage in a small lot subdivision may instead comply with the setback requirements of Section 20-42.140.F.4.d(2)(b).

G. Additions and changes to project or approved units. Subsequent expansions or additions to dwelling units and the construction of second dwelling units not shown on the approved site plan for the project may be allowed with Minor Conditional Use Permit approval, provided that any proposed expansion is in compliance with all applicable requirements of this Section, and is not in conflict with the approved site plan.

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2024-012, 11/19/2024)

§ 20-42.150 Vehicle services.

A. Site requirements. A proposed vehicle services use shall be approved only on a site that complies with the following requirements:

1. Site area and dimensions. The site shall have a minimum area of 15,000 square feet, at least 100 feet of frontage on an arterial street, a minimum width of 150 feet, and a minimum depth of 100 feet.

2. Proximity to residential. The site shall not adjoin an existing R-1, R-2 or R-3 zoning district or single-family or two-family residential use at the time the vehicle services use is established, except a nonconforming single-family or two-family residential use, or a single-family or two-family residential use in a commercial zone.

(Ord. 3677 § 1, 2004; Ord. 2022-010 § 4)

§ 20-42.160 Sidewalk cafés.

A. Purpose. This section provides the conditions and requirements under which a sidewalk café, may be permitted to operate by Zoning Clearance or Minor Conditional Use Permit and encroachment permit on a public sidewalk within the City.

B. Permit requirements. A sidewalk café is permitted through a Zoning Clearance approved by the Director within the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), and Neighborhood Mixed Use (NMU), Office Commercial (CO), Neighborhood Commercial (CN), General Commercial (CG), Commercial Shopping Center (CSC) and Transit Village Mixed (TV-M) zoning districts. All other zoning districts shall require the approval of a Minor Conditional Use Permit. An encroachment permit is required for all sidewalk cafés.

C. Review authority. A sidewalk café may be approved by the Director or Zoning Administrator pursuant to Subsection B if it is determined that the proposed café is in conformity with all of the requirements of this section. An encroachment permit must thereafter be obtained from the City Engineer.

D. Limitations and requirements. The following limitations and requirements shall apply to all sidewalk cafés:

1. Where permissible. A sidewalk café may be permitted only in a zoning district that allows indoor restaurants, and then only if the sidewalk café is situated adjacent, as specified below, to an indoor restaurant and the sidewalk café's operation is incidental to and a part of the operation of such adjacent indoor restaurant. See Figure 4-1.

a. A sidewalk café may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the café, provided that the area in which the sidewalk café is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled; or

Figure 4-1—Allowable Sidewalk Café Locations

b. A sidewalk café may be located on an area of the public sidewalk that is not immediately adjacent to and abutting the indoor restaurant which operates the café, provided the following requirements are met and all other applicable provisions of this section are fulfilled:

(1) The service of alcoholic beverage to customers using the sidewalk café is prohibited; and

(2) The majority of the sidewalk café area will be situated on the public sidewalk directly in front of the operating indoor food serving establishment, where directly in front is defined by that area of the public sidewalk which would be enclosed by a perpendicular projection of the indoor restaurant's sidewalk frontage over the sidewalk.

2. Number of sidewalk cafés. An indoor restaurant may operate only one sidewalk café and each sidewalk café shall be confined to a single location on the sidewalk.

3. Sidewalk clearances. A sidewalk café may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed café. A sidewalk café shall not occupy more than 50 percent of the sidewalk's width at any point and the sidewalk shall be kept clear and unimpeded for pedestrian traffic for the minimum distance indicated below. The following minimum sidewalk clearances shall be implemented within the Core Mixed Use, Station Mixed Use, Maker Mixed Use, Neighborhood Mixed Use, and Transit Village Mixed Use zones:

a. Minimum clearance along 4th Street between B Street and E Street: Six feet.

b. Minimum clearance for all other streets: Four feet.

4. Table and chairs, location and requirements of furniture, signage.

a. All tables and chairs comprising a sidewalk café shall be set back not less than two feet from any curb and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop.

b. The dining area shall not impede or diminish use of public furnishings such as lighting, benches, parking meters, etc.

c. A minimum of 48 inches of unobstructed space shall be maintained for ingress/egress between all doorways and the pedestrian traffic corridor, or as required by the Uniform Building Code, whichever is greater.

d. A minimum of 60 inches of unobstructed space shall be maintained between emergency exits and any furniture or fixtures related to outdoor dining, or as required by the Uniform Building Code, whichever is greater.

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

f. Umbrellas must be secured with a minimum base of not less than 60 pounds, and shall leave a vertical clearance of seven feet from the sidewalk surface.

g. Outdoor heaters, music, or speakers shall be prohibited.

h. No signage shall be allowed at any outdoor café except for the name of the establishment on an awning or umbrella fringe or as required pursuant to Subsection D.6.b for those sidewalk cafés that have been granted Director or Zoning Administrator approval to serve wine and or beer.

5. Maintenance. All outdoor dining furnishings shall be maintained in good condition, and all exterior surfaces within the outdoor dining area shall be kept clean and free of debris at all times.

6. Food and beverages. A sidewalk café may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; unless the Director or Zoning Administrator has authorized the service of beer or wine, or both, solely for on-premises consumption by customers within the area of the sidewalk café subject to the following requirements:

a. The sidewalk café is situated immediately adjacent to and abutting the indoor restaurant which provides it with food and beverage service.

b. The area in which the sidewalk café is authorized is identified in a manner that clearly separates and delineates it from the areas of the sidewalk which will remain open to pedestrian traffic.

c. One or more signs are posted, during all times the sidewalk café is in operation, which shall give notice to the café's customers that the drinking of beer or wine or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated area of the sidewalk café.

d. The sidewalk café operation is duly licensed, or prior to the service of any beer or wine at the café, will be duly licensed, by state authorities to sell beer or wine, or both, for consumption within the area of the sidewalk café.

7. Service requirements. The outdoor preparation of food and busing or service stations are prohibited at sidewalk cafés. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the café shall be easily cleanable and shall always be kept clean by the permittee. Restrooms for the café shall be provided in the adjoining indoor restaurant and the café seating shall be counted in determining the restroom requirements of the indoor restaurant. Trash and refuse storage for the sidewalk café shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition.

8. Days and hours of operation. Hours of operation shall be between 7:00 a.m. and10:00 p.m. Tables, chairs and all other furniture used in the operation of an outdoor café shall be removed from the sidewalk and stored indoors at night and whenever the café is not in operation.

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

F. Findings and conditions. In connection with granting approval for a Minor Permit for a sidewalk café, the Zoning Administrator shall make findings that the proposed operation meets the requirements of this section. The Zoning Administrator may impose conditions of approval to ensure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that public safety and welfare will be protected. If a Zoning Clearance is required, the Director shall determine that the sidewalk café meets all objective criteria contained within this section.

G. Modification. If the Zoning Administrator determines that additional or revised conditions are necessary during the operation of an approved sidewalk café the matter shall be referred to the Planning Commission for public hearing and action in compliance with Section 20-54.100 (Permit revocation and modification).

H. Revocation. The Minor Conditional Use Permit to operate a sidewalk café may be revoked by the Zoning Administrator in compliance with Section 20-54.100 (Permit revocation and modification), upon finding that one or more conditions of the permit or this section have been violated or if the sidewalk café is being operated in a manner that constitutes a nuisance, or if the operation of the sidewalk café unduly impedes the movement of pedestrians. The Zoning Administrator's decision to revoke a permit for a sidewalk café may be appealed to the Planning Commission in compliance with Chapter 20-62 (Appeals).

(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3962 § 2, 2011; Ord. 2020-014 § 28)

§ 20-42.164 Single Room Occupancy Facilities.

A Single Room Occupancy (SRO) Facility shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. The provisions of this Section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.

B. Project review and approval. A proposed SRO shall require Design Review in compliance with Section 20-52.030 and the approval of a Minor or Conditional Use Permit in compliance with Section 20-52.050.

C. Development standards.

Single Room Occupancy Facilities.
1.	Density. A Single Room Occupancy Facility is not required to meet density standards of the General Plan.
2.	Common area. Four square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
3.	Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.
4.	Cleaning supply room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility.
Single Room Occupancy Units.
1.	Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum of 400 square feet.
2.	Occupancy. An SRO unit shall accommodate a maximum of two persons.
3.	Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
4.	Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
5.	Closet. Each SRO unit shall have a separate closet.
6.	Code compliance. SRO units shall comply with all requirements of the California Building Code.

D. Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

E. Management.

1. Facility management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.

2. Management plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.

F. Parking. Off-street parking shall be provided consistent with Section 20-36.040. Secure bicycle parking shall be provided consistent with Section 20-36.090.

G. Tenancy. Tenancy of SRO units shall be limited to 30 or more days.

H. Existing structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.

(Ord. 3760 § 1, 2006; Ord. 2024-012, 11/19/2024)

§ 20-42.170 Storage, outdoor.

All non-residential uses shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Limitations on location. A storage area shall be limited to the rear of a site, and shall not be located within 50 feet of the front property line.

B. Enclosure required. An outdoor storage area shall be completely enclosed by a solid masonry wall and solid gate. The Zoning Administrator may allow the substitution of a solid wood fence, after determining that the substitution would adequately comply with the provisions of this Section.

1. The required wall or fence shall:

a. Be not less than six feet nor more than 10 feet in height, provided that a fence higher than six feet shall require Minor Conditional Use Permit approval;

b. Incorporate design elements to limit easy climbing and access by unauthorized persons; and

c. Be subject to approval by the Zoning Administrator unless the wall or fence exceeds six feet, in which case a Minor Conditional Use Permit is required.

2. A wall abutting a right-of-way shall comply with Section 20-30.050 (Fences, Walls, and Screening).

C. Grading. All portions of outdoor storage areas shall have adequate grading, paving, and drainage and shall be continuously maintained.

D. Operations. All raw materials, equipment, or finished products stored shall:

1. Be stored in a manner that they cannot be blown by wind from the enclosed storage area;

2. Not be stored above the height of the enclosing wall or fence within 10 feet of the wall or fence;

3. Not be placed or allowed to remain outside the enclosed storage area; and

4. If abutting a residential zoning district, be serviced between 8:00 a.m. and 6:00 p.m. to avoid being a nuisance to neighbors. Hours of operation between 6:00 p.m. and 11:00 p.m. may be authorized through Minor Conditional Use Permit approval.

E. Landscaping. Landscaping shall be installed to lessen the visual impact of the outdoor storage area. The design, installation, and maintenance of the landscaping shall comply with Section 20-34.050 (Landscape Standards).

(Ord. 3677 § 1, 2004)

§ 20-42.180 Storage, personal storage facilities.

Personal storage facilities (mini-storage) shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Limitations on location. A mini-storage facility shall be approved only on a regional street as designated in the Circulation Element of the General Plan.

B. Development standards. Each mini-storage project shall comply with all of the following standards.

1. Setbacks. Each building shall be set back a minimum of 25 feet from an arterial street right-of-way when located in a commercial zoning district, and shall be set back a minimum of 20 feet from all other streets, unless a plotted building setback line would require a greater setback.

2. Landscaping, fencing. Where the site is adjacent to a residential zoning district, a 20-foot landscaped setback shall be provided on the parcel adjacent to the residential district and a 20-foot landscaped front yard shall be provided when within 100 feet of a residential district or across the street from a residential district. Landscaping shall be in addition to any architectural screening-type fence. A fence, when required, shall be solid or semi-solid, and constructed to prevent the passage of debris or light, and constructed of either brick, stone, architectural tile, masonry units, wood, or other similar material (not including woven wire) and shall not be less than five feet nor more than eight feet in height.

3. Manager quarters. A mini-storage project may include residential quarters for a manager or caretaker.

4. Aisle width. Aisle width shall be a minimum of 25 feet between buildings to provide unobstructed circulation.

(Ord. 3677 § 1, 2004)

§ 20-42.190 Emergency shelters.

An emergency shelter shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).

A. Purpose. The provisions of this section are intended to provide opportunities for the development of permanent emergency shelters to provide temporary housing, with minimal supportive services for homeless persons, and to establish standards for these shelters.

B. Location. An emergency shelter may be proposed in any zoning district, subject to the permit requirements of Section 20-42.190.C, provided that a minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.

C. Project review and approval.

1. During declared Hazards, Emergency Shelters with up to 50 beds in the CG Zoning District shall not be limited with regard to the number of persons served, subject to occupancy limits of the Fire Department and the Uniform Building Code, so long as the operating conditions set forth in this Section are met.

2. An emergency shelter with 50 beds or less in the CG Zoning District is exempt from Design Review. An emergency shelter with greater than 50 beds in any zoning district, including the CG Zoning District, shall require Design Review in compliance with Section 20-52.030.

D. Development standards.

1. Maximum number of beds. As determined by CUP, except that a maximum of 50 beds shall be permitted, by right, in the CG Zoning District.

2. Length of stay. Temporary shelter shall be available to residents for no more than 180 days in any 12-month period.

3. Intake/waiting area. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet. Said intake/waiting area shall be in a location not adjacent to the public right-of-way. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum of six-foot tall visually screening mature landscaping or a minimum six-foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.

4. Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 20-30.080.

5. Security. Security personnel shall be provided during the hours that the emergency shelter is in operation.

6. On-site management. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

(Ord. 3985 § 6, 2012; Ord. 2024-012, 11/19/2024)

§ 20-42.200 Large grocery store standards.

A large grocery store use, where allowed by Division 2 (Zoning Districts and Allowable Land Uses), shall comply with the requirements of this section.

A. Applicability. In addition to applicable zoning district regulations any large grocery store to be located on a site that does not have a community shopping center General Plan land use designation and that is outside of the CMU, SMU, MMU, and NMU zoning districts, shall be permitted only by Conditional Use Permit.

B. Criteria for review. In granting a Conditional Use Permit for a large grocery store on a site that is not a designated community shopping center, the review authority shall consider the following information in addition to the considerations included in Section 20-52.050 of the Zoning Code:

1. An analysis examining the impacts of the proposed large grocery store to similar uses at existing and planned community shopping centers in the vicinity of the project site.

2. Accessibility of the site to pedestrians and bicyclists originating from nearby residential areas.

3. Frequency of and access to public transportation for future shoppers and employees.

(Ord. 3987 § 6, 2012; Ord. 2020-014 § 29)

§ 20-42.210 Mobile Food Vending Facility.

A. Purpose. The provisions of this Section are intended to provide conditions and requirements under which a Mobile Food Vending Facility may be permitted to operate by Minor Conditional Use Permit on private properties within certain areas of the City.

B. Permit Requirements.

1. Minor Conditional Use Permit. A Mobile Food Vending Facility shall require the approval of a Minor Conditional Use Permit where allowed by Division 2 (Zoning Districts and Allowable Land Uses). The permit and approval shall comply with Section 20-54.070, Permits to run with the land.

2. Business License. A Mobile Food Vending Facility shall obtain a City business license prior to operation.

3. Sonoma County Environmental Health. A valid permit from the Sonoma County Environmental Health Department is required for the duration of business operation.

4. City Departments and Divisions. All necessary permits and approvals from the applicable City Departments and Divisions shall be obtained prior to operation of a Mobile Food Vending Facility.

5. Permit and License Display. At all times while vending, a valid business license and Minor Conditional Use Permit shall be displayed at the Mobile Food Vending Facility site.

C. Location Criteria and Hours of Operation. The following location and hours of operation requirements shall apply to all Mobile Food Vending Facilities:

1. Location. Operation of a Mobile Food Facility shall not be permitted on public property under this section unless authorized through a Special Event Permit. For Street Vending on public property see City Code Section 6-48.050, Street Vendor Regulations, and applicable State legislation for Mobile Food Vending Facilities on public property. Mobile Food Vending Facilities on private property are allowed pursuant to Subsection B.1. above.

2. Concentration. Multiple Mobile Food Vending Facilities may be permitted on a single parcel, as determined by the Minor Conditional Use Permit.

3. Hours. Hours of operation for mobile food facility businesses shall be determined by Minor Conditional Use Permit.

D. Standards and Design Criteria. The following standards and design criteria shall apply to all Mobile Food Vending Facilities:

1. The proposed location is on an improved property, does not interfere with the operation of any approved uses on the site;

2. The site on the property designated for the Mobile Food Vending Facility must be paved, including the area for associated parking and accessory structures;

3. Mobile Food Vending Facilities shall maintain their immediate sales location in a clean and hazard free condition;

4. Mobile Food Vending Facilities shall follow the Zero Waste Food Ware Ordinance, Chapter 9-30, including maintaining covered garbage, recycling, and compost containers immediately adjacent to the vending location for customer use; and other applicable Zero Waste regulations;

5. Mobile Food Vending Facilities shall comply with Chapter 17-12, Storm Water Ordinance.

6. Applications for a Mobile Food Vending Facility shall include the location and description of any proposed outdoor dining area, including tables, chairs and shade structures, number of Mobile Food Vending Facilities, and information pertaining to the related Food and Beverage Product Manufacturing site, Cottage Food Operation, or other affiliated commissary;

7. The operation shall comply with Chapter 17-16, Noise Ordinance, and the Noise and Safety Element of the Santa Rosa General Plan;

8. An agreement for the use of permanent properly operating restroom facilities within 200 feet of the Mobile Food Vending Facility's location shall be maintained at all times for employees;

9. All signage shall be located on the vending equipment and is subject to the requirements of Chapter 20-38, Signs;

10. Mobile Food Vending Facilities shall follow Local and State regulations for alcoholic beverages and cannabis products sales;

11. Mobile Food Vending Facilities cooking food shall at all times maintain a working fire extinguisher(s) of the appropriate type and rating at the vending location;

12. Mobile Food Vending Facilities operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking spaces for the principal use on the property; and

13. After the permitted hours of operation, all mobile vending equipment, including the mobile unit itself and any associated dining furniture, shall be stored off site or within an approved, enclosed structure on site unless otherwise approved through a Minor Use Permit. Associated temporary structures and dining furniture are subject to Fire Department review and approval.

E. Sites with Multiple or New Mobile Food Vending Facilities.

1. New Mobile Food Vending Facilities on sites with an approved Minor Conditional Use Permit that have no current Mobile Food Vendor operating, shall obtain a Zoning Clearance to operate on the site. The new Mobile Food Vending Facility must operate in the same location on site of the previous Mobile Food Vending Facility as indicated on the approved plans.

2. Mobile Food Vending Facilities on sites with multiple facilities must stay in the locations indicated on the approved plans.

3. Sites that have Mobile Food Vending Facilities that rotate throughout the day must operate within the same approved locations on site. An agreement between the rotating operators will be required for the timely transition between the different Mobile Food Vending Facilities. New Mobile Food Vending Facilities on sites with rotating facilities shall obtain a Zoning Clearance to operate under the Minor Conditional Use Permit.

4. Changes to the existing Minor Conditional Use Permit, including increasing the number of Mobile Food Vending Facilities on a site, can be conducted through Section 20-54.060 (Changes to an Approved Project).

F. Existing Mobile Food Vending Facilities. Conditions of Approval on previously issued Minor Conditional Use Permits for Mobile Food Vending Facilities that required a new Minor Conditional Use Permit for a change in operator are not enforced and procedures shall follow Section 20-54.070, Permits to run with the land.

G. Exempt Compact Mobile Food Operation. Per Section 20-21.040, no land use approvals are required, per Section 20-21.040 (Exemptions from land use requirements) if the following requirements and standards are met:

1. Shall obtain a Business Tax Certificate.

2. Shall meet all requirements of the Sonoma County Environmental Health Department.

3. Shall obtain an agreement with the property owner to operate.

4. Shall only operate between the hours of 6AM—11PM.

5. Shall not exceed a maximum of 25 square feet for the selling and display area.

6. Shall provide food storage 6 inches from ground and overhead protection.

7. Shall comply with the Zero Waste Food Ware Ordinance.

8. Shall only sell and handle prepackaged food and whole uncut produce, as defined by the California Retail Food Code.

(Ord. 4074 § 5, 2016; Ord. 2021-012 § 36; Ord. 2024-012, 11/19/2024; Ord. 2025-014, 11/18/2025)