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)
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)
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)
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.
(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.
(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:
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)
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)
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.
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Table 4-1—Number of Hens Allowed
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|---|---|---|---|
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Lots 5,000 sq ft or less
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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
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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.
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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.
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(Ord. 3677 § 1, 2004; Ord. 3994 § 2, 2012)
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:
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.
(Ord. 3677 § 1, 2004)
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 permitted by right in all residential zoning districts.
A.
Purpose.
The availability and affordability of quality, licensed child care
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 child care facilities in any neighborhood.
B.
Application
requirements. The following shall be included in each application
for a child day care facility Minor Conditional Use Permit or 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.
Conditions
of approval. The operation of a child day care center, in compliance
with a Minor Conditional Use Permit or 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 residence
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.
D.
Required findings for approval. No 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):
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 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)
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
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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):
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)
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)
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:
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.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 24; Ord. 2021-012 § 33)
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:
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)
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)
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)
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.
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)
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.
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)
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.
B.
Small
collection facilities. A small collection facility shall comply with
the following standards.
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;
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)
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 65852.2, and 65852.22, 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
that was constructed before January 1, 2018, 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.
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 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:
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 accessory dwelling unit 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 proposed multifamily dwelling.
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.
j.
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:
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:
(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
65852.22, 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.
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.
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.
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;
(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)
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 may be proposed and approved on any site within
the R-1, R-2, and R-3 zoning districts. A small lot subdivision shall
not be allowed where the review authority determines that public utilities
and services are inadequate. No detached single-family dwellings are
allowed within a small lot subdivision in the R-2 or R-3 zones.
D.
Permit requirements. A Conditional Use Permit for a small lot project shall be reviewed and approved by the Commission prior to the approval of a Tentative Map. Applications for Conditional Use Permit and Tentative Map approval may be submitted and considered concurrently, provided that the Conditional Use Permit is first approved. The 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 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.
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.
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 review
authority as part of 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)
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)
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
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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:
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)
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.
Location.
A Single Room Occupancy Facility may be proposed and approved in the
CG, CSC, CD-5, CD-7 or CD-10 zoning districts.
D.
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.
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Single Room Occupancy Units.
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1.
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Unit size. An SRO unit shall have a minimum size of 150 square
feet and a maximum of 400 square feet.
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2.
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Occupancy. An SRO unit shall accommodate a maximum of two persons.
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3.
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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.
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4.
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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.
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5.
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Closet. Each SRO unit shall have a separate closet.
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6.
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Code compliance. SRO units shall comply with all requirements
of the California Building Code.
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E.
Accessibility.
All SRO units shall comply with all applicable accessibility and adaptability
requirements. All common areas shall be fully accessible.
F.
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.
H.
Tenancy.
Tenancy of SRO units shall be limited to 30 or more days.
I.
Existing
structures. An existing structure may be converted to an SRO Facility,
consistent with the provisions of this Section.
(Ord. 3760 § 1, 2006)
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.
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.
(Ord. 3677 § 1, 2004)
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)
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.
Emergency
shelters with up to 50 beds are principally permitted in the CG Zoning
District. Provided however that, during seasonal or emergency events
of flooding, extreme temperature, or natural disaster, such shelters
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.
Emergency shelters of any size shall require approval of a Conditional Use Permit in all zoning districts, except the CG Zoning District, in compliance with Section 20-52.050. Emergency shelters with greater than 50 beds in the CG Zoning District shall require approval of a Conditional Use Permit in compliance with Section 20-52.050.
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)
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)
A.
Purpose.
The provisions of this Section are intended to provide conditions
and requirements under which mobile food vending 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. Where allowed by Section 20-23.030, Table 2-6 (Allowed Land Uses and Permit Requirements for Commercial Zoning Districts), mobile vending shall require the approval of a Minor Conditional Use Permit. The approval shall be specific to a location and shall not be transferable to other locations or operators. Operation of a mobile food facility shall not be permitted on public property under this Section (see City Code Section 6-48.050, Street Vendor Regulations).
2.
Business
license. Every mobile food vendor 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.
4.
Building
Division and Fire Department. All necessary permits and approvals
from the Building Division and the Fire Department 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 site.
C.
Location
criteria and hours of operation. The following location and hours
of operation requirements shall apply to all mobile food vendors:
1.
Location.
Mobile food vending facilities may be proposed only on private property
located within the General Commercial (CG) zoning district that have
street frontage on Sebastopol Road, between Stony Point Road and Olive
Street.
2.
Concentration.
No mobile food vendor shall locate within 200 feet of another approved
mobile food vending location on a separate parcel as measured between
the mobile food vendors (not from property lines). Multiple mobile
food vendors may be permitted on a single parcel, as determined by
the Minor Use Permit.
D.
Standards
and design criteria. The following standards and design criteria shall
apply to all mobile food vendors:
1.
Mobile
food vending shall be conducted entirely upon private property and
not within any public right-of-way;
2.
The
proposed location is on an improved property that is entirely paved
and does not interfere with the operation of any approved uses on
the site;
3.
Mobile
vendors shall maintain their immediate sales location in a clean and
hazard free condition;
4.
Mobile
vendors shall maintain garbage container(s) immediately adjacent to
the vending location for use by customers;
5.
Applications
for mobile food vending shall include the location and description
of any proposed outdoor dining area, including tables, chairs and
shade structures;
6.
No
mobile vendor shall use, play or employ any sound outcry, amplifier,
loudspeaker, radio or any other instrument or device for the production
of sound in connection with the promotion of a vending operation;
7.
Outdoor
music is permitted consistent with the normally acceptable decibel
levels outlined in the Noise and Safety Element of the Santa Rosa
General Plan, and as determined by the Minor Conditional Use Permit;
8.
An
agreement for the use of properly operating restroom facilities within
200 feet of the mobile food vendor location shall be maintained at
all times;
9.
All signage shall be located on the vending equipment and is subject to the requirements of Chapter 20-38 (Signs);
10.
No mobile food vendor shall sell alcoholic beverages;
11.
Mobile vendors cooking food shall maintain a fire extinguisher at
the vending location at all times;
12.
Mobile vendors 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.
E.
Existing
mobile food vendors. Mobile food vendors located on Sebastopol Road,
between Stony Point Road and Olive Street, which obtained a Use Permit
from the County of Sonoma's Permit and Resource Management Department
prior to annexation may continue as permitted. Hours of operation
for mobile food vendors approved by the County of Sonoma shall be
between 5:00 a.m. and 1:00 a.m. Sunday through Thursday, and between
5:00 a.m. and 3:00 a.m. on Fridays and Saturdays.
(Ord. 4074 § 5, 2016; Ord. 2021-012 § 36)
