Chapter 18.09 SPECIAL PROVISIONS AND DEVELOPMENT STANDARDS

The purpose of this chapter is to identify and establish standards for specific uses and activities that are permitted or conditionally permitted in several or all districts, but which have the potential to create significant effects on the community and surrounding properties. These provisions are sup-

plemental standards and requirements to minimize the effects of these uses and activities and to protect the health, safety, and welfare of their occupants and the general public in accordance with the goals, objectives, policies, and implementation programs of the general plan. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.020 Applicability.

The activities and uses covered or described in this chapter, where permitted within the zoning district in which they are to be located, shall comply with the provisions herein, in addition to all other standards and provisions of this title, including but not limited to the development standards and design standards for the zoning district in which an activity or use is located. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

Article I. Special Provisions

18.09.030 Fences, walls and hedges.

In addition to the regulations set forth in this section, all fences, walls or hedges shall be constructed and maintained so that they do not constitute a hazard to traffic, persons or property.

A. In any required front yard, a wall, hedge, or fence shall not exceed three feet in height within the front yard setback or within the area called the “vision triangle” or “traffic safety visibility area.” The boundaries of this area are formed by measuring from the intersection of the street corner property lines to points twenty feet along the front and street side property lines. These two points are then connected with a straight line resulting in the “vision triangle.”

Figure 18.09.030-A

Vision Triangle or Traffic Safety Visibility Area

B. A wall, hedge, or fence not more than seven feet in height may be maintained along any interior side yard, rear yard or street side yard; provided, that such wall, hedge, or fence does not extend into the required front yard.

C. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties.

D. Chain link fencing is not allowed in the DTC, O-R, and TOD zoning districts, except for temporary purposes when needed to protect areas for public safety and to restrict access to construction projects. The fencing must be removed when the public safety issue is resolved or the construction is completed. (Ord. 753-2023 § 4 (Exh. A), 2023; Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.040 Hillside protection.

A. Applicability and Definitions. Hillside policies apply to any properties with slopes greater than twenty percent on all or part of the site. Such a site is called a hillside site.

B. Regulations for Hillside Sites.

1. For any hillside sites outside the urban growth boundary (UGB), the UGB provisions shall apply.

2. For any hillside sites inside the UGB, the following standards apply:

a. Residential densities shall be based on net acres.

b. On hillside sites, any development, grading for roadways, and lighting, including building lighting, shall not be visible from the level areas of the city below the four-hundred-foot elevation. Any such development shall be screened by topographic features, setbacks from top of pad to the structure, or similar means. A sight line analysis may be required in order to show that the structure is not visible.

c. Where a hillside site has land with slopes over twenty percent and slopes less than twenty percent, development should be placed on lands less than twenty percent if feasible. Development may be clustered to achieve general plan allowed densities on lands less than twenty percent slope. Remaining hillside areas (with slopes over twenty percent) shall be deemed undevelopable areas and made subject to easements or other legal guarantees that prohibit development of the hillsides and cannot be removed without city approval. Subject to applicable law, open space areas shall provide for trails as outlined in the parks and recreation element if feasible.

d. All development applications for hillside sites shall submit a grading and erosion control plan which addresses prompt revegetation of disturbed areas, avoidance of grading activities during wet weather, avoidance of drainage corridors and riverbanks, and other erosion control measures sufficient in the sole discretion of the city engineer or other city manager designee to control erosion resulting from the proposed project.

e. All development applications for hillside sites shall submit a geotechnical investigation concerning areas with identified significant geologic hazards or areas where the city engineer determines such hazards may exist, including such hazards as potential liquefaction-related failures, slope stability and erosion hazards, existing or potential soil instability, or expansive soils. The report shall include an assessment of geologic and seismic hazards. The reviewing body may require preparation and implementation of a plan for implementing any or all recommendations contained in the report so as to eliminate or adequately mitigate the geologic and/or seismic hazards identified in the report.

f. Recreation uses above the four-hundred-foot elevation may be allowed if lighting is not visible from the valley floor within the city limits below the four-hundred-foot elevation, and the access roads, trail systems, and supporting structures or facilities are generally not visible from areas of the city below the four-hundred-foot elevation.

g. Hillside conservation areas may be annexed if the annexation provides permanent hillside open space or recreation opportunities for the city.

h. Any roads serving hillside development shall follow natural contours, with minimum disruption to hills or forests, minimum or no curbside parking, and no lighting visible from the valley floor within the city limits. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.050 Outdoor lighting.

The purpose of this section is to create standards for outdoor lighting that minimize light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures. These standards conserve energy and preserve the nighttime sky while maintaining nighttime safety, utility, security and productivity.

A. Applicability.

1. All new outdoor lighting installed after the effective date of the ordinance codified in this chapter shall conform to the requirements established by this chapter.

2. All existing outdoor lighting fixtures located on a property that is part of an application for design review, conditional use permit, subdivision or a building permit for a new structure or addition(s) of twenty-five percent or more in terms of gross floor area, seating capacity, or parking spaces (either with a single addition or cumulative additions) shall meet the requirements of this section for the entire property. Such applications are required to include an outdoor lighting plan. Conformity shall occur prior to issuance of a certificate of occupancy. All existing outdoor lighting fixtures shall be adjusted or modified to the extent practical to reduce or eliminate glare, light trespass, and light pollution.

B. Exemptions. The following are exempt from the provisions of this section:

1. Seasonal displays using multiple low wattage bulbs (approximately fifteen lumens or less); provided, that they do not constitute a fire hazard, create a nuisance, and are maintained in a safe and attractive condition.

2. Vehicular lights and all emergency lighting needed by the police department and fire protection district, or other emergency services.

3. Temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

4. All lighting required by state or federal regulatory agencies.

5. The planning director may authorize temporary exemptions for activities such as circuses, fairs, carnivals, sporting events and promotional activities if the following findings can be made:

a. The purpose for which the lighting is proposed is not intended to extend beyond thirty days.

b. The proposed lighting is designed in such a manner as to minimize light pollution as much as feasible.

c. The proposed lighting will comply with the purpose of this section.

C. Minimum Development Standards.

1. All outdoor lighting fixtures shall be designed, located, installed, aimed downward or toward structures, retrofitted if necessary, and maintained in order to prevent glare, light trespass and light pollution.

2. Fixtures and light systems shall be in good working order and maintained in a manner that serves the original design intent of the system.

3. Automatic teller machine (ATM) and other bank lighting shall be full cutoff and shall not cause glare or light trespass.

4. Externally illuminated signs, advertising displays, flags and building identification shall use top-mounted light fixtures which shine light downward and are fully shielded.

5. Light poles shall be restricted to a maximum height of twenty feet except that on parcels adjacent to residential zoning districts, the maximum height shall be restricted to fifteen feet.

6. The use of facade or “wash” lighting is limited to public buildings or buildings with historic importance. Facade lighting may be approved only when it is determined that it is compatible with the level of lighting in the immediate area and where it will not generate excessive illumination, skyglow or glare.

7. The use of searchlights is prohibited.

D. Submission of Plans. All applications for design review, plot plan review, conditional use permits, subdivisions and all new outdoor lighting installations on commercial, industrial, public, institutional and multifamily residential projects of four or more units shall include lighting plans, regardless of whether the lighting is preexisting or proposed, showing the following:

1. The proposed location, mounting height, shielding, lamp source type, lumen output, wattage and aiming point of each existing and proposed outdoor lighting fixture indicated on a site plan and/or elevations.

2. Manufacturer specification sheets, cut-sheets, or other manufacturer-provided information for all proposed outdoor lighting fixtures to show fixture diagrams and light output levels.

3. The planning director may require additional information including, but not limited to, a written narrative to demonstrate the objectives of the lighting, photometric data, color rendering index (CRI) of all lamps and other descriptive information on the fixtures and/or a computer generated photometric grid showing footcandle readings every ten feet within the property or site and ten feet beyond the property lines.

4. The planning director may approve, deny or require modifications to any outdoor lighting plan in order to meet the purpose of this chapter. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.060 Tree preservation.

Reserved. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

Article II. Development Standards

18.09.070 Accessory structures.

Accessory structures shall be allowed in any zoning district. Unless otherwise provided in the applicable zoning district, the following regulations apply to all accessory structures in addition to the provisions of the zoning district in which the structure is located. See Section 18.09.180 for accessory dwelling unit development standards.

A. Accessory Structures within Residential Zoning Districts.

1. An accessory structure shall meet the front and street side yard setback requirements of the zoning district.

2. The total square footage of all structures, including accessory structures, shall be included in calculating floor area ratio.

3. Accessory structures may be located in required interior side and rear yards; provided, that in the aggregate, no more than five hundred square feet or ten percent of the combined area of the required side and rear yards, whichever is greater, shall be covered by such structures; and provided, that on reverse corner lots an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot.

4. Accessory structures that are exempt from building permit requirements as set forth in the California Building Standards Code as in effect in the city may be located within an interior side yard or rear yard, but must be included in the aggregate coverage and floor area ratio calculations.

5. Accessory structures requiring a building permit shall be a minimum of ten feet from any dwelling and set back a minimum of five feet from the interior side yard and rear yard property line. On corner lots, accessory structures shall be set back a minimum of twenty feet from the intersection of the street right-of-way.

6. Accessory structures shall not exceed fourteen feet in height and shall be no higher than the main structure.

7. Garages entering from the front of the lot shall be located not less than twenty feet from the property line providing access. Garages entering from the side or rear of the lot shall be located not less than fifteen feet from the property line providing access.

B. Accessory Structures within Nonresidential Zoning Districts.

1. In any nonresidential zoning district, accessory structures shall not be located in front of the main building.

2. In any nonresidential zoning district, accessory structures shall meet all of the setback requirements for main buildings. (Ord. 714-2017 § 4 (Exh. H), 2017: Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.080 Automobile dealerships.

This section is to ensure that automobile dealerships (both new and used) do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff.

A. Parking. Areas designated for employee and customer parking shall not be used for vehicle storage or display.

B. Vehicle Display Areas. A minimum ten-foot landscape and decorative curb strip shall be provided along the street frontage perimeter of all vehicle display areas. Final design treatment shall be subject to design review approval. All parking areas not used for vehicle display shall be subject to applicable screening requirements.

C. Lighting. All lighting shall comply with the provisions of Section 18.09.050, Outdoor lighting.

D. Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only within the following constraints. The dealership operator is deemed to be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.

1. Loading and unloading of vehicles is limited to the hours of eight a.m. to six p.m. Monday through Saturday, excluding legal holidays.

2. Off-loading shall be on site, or off site subject to the approval of the city engineer. Loading and unloading shall not block the ingress or egress of any adjacent property.

E. Storage of Vehicles to be Repaired. No vehicles to be repaired shall be parked or stored on any public street or alley.

F. Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of Section 18.09.270, Vehicle repair facilities.

G. Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. The queuing area or lanes shall be large enough to hold at least one and one-half vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

H. Noise Control.

1. There shall be no outdoor loudspeaker. Interior loudspeakers shall not be audible on any adjoining residential properties.

2. All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties, and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting residences.

3. Rooftop storage areas shall be screened with landscaping or noise absorbing materials to minimize noise impacts on adjacent properties.

I. Toxic Waste and Storage and Disposal. Gasoline storage tanks shall meet all applicable state and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.090 Automobile rental agencies.

These standards are to ensure that automobile rental agencies do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff.

A. Repair of Vehicles. No vehicle repair work shall occur on the premises unless the rental agency is otherwise permitted and licensed to repair vehicles.

B. Storage of Vehicles. No vehicles to be displayed, sold, rented, or repaired shall be parked or stored on any street or alley. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.100 Bed and breakfast inns.

The purpose of these standards is to ensure that bed and breakfast inns located in residential or commercial zoning districts conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties.

A. Permit Required. A conditional use permit or plot plan review shall be required for any bed and breakfast inn.

B. Minimum Development Standards.

1. Any proposed bed and breakfast inn shall be compatible with the neighborhood in which it is located in terms of landscaping, scale, and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.

2. Excessive amounts of paving shall not be allowed. Areas devoted to parking and paving should not be disproportionate to the site size.

3. Each bed and breakfast inn that provides food service to its guests shall comply with all applicable provisions of the Sonoma County health department, as well as all state laws regulating food handling establishments.

4. All California Building Standards Code and Fire Code requirements as in effect in the city for the level of occupancy of the bed and breakfast inn shall be met.

5. All environmental health regulations shall be met.

6. The owner or manager shall reside on the premises.

7. Guest stays shall be limited to fourteen consecutive days with a seven-day period between stays.

8. No meals, except for light refreshments, shall be served after eleven a.m. Only guests may be served. No cooking shall be allowed in guest rooms.

9. One non-internally illuminated sign may be displayed. The size, color, text and location shall be reviewed as part of the conditional use permit or plot plan review for the bed and breakfast inn. The words “hotel” or “motel” shall not be allowed.

10. Transient occupancy tax (TOT) shall be paid by the owner or manager in accordance with all applicable requirements of this code. Nonpayment of TOT when the use is still operational may constitute grounds for amendment or revocation of the conditional use permit/plot plan review by the planning commission. Nonpayment for a period of one year shall be evidence that the use is discontinued. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.110 Drive-in restaurants and drive-through facilities.

The purpose of these standards is to ensure that drive-in restaurants and drive-through facilities do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area, consistent with the goals, objectives, and policies of the general plan.

A. Permit Required. Drive-in restaurants and drive-through facilities may be permitted only with approval of a conditional use permit. The provisions of this section shall apply to all new drive-in restaurants and drive-through facilities and to any expansion of more than thirty percent of the gross floor area in an existing drive-in restaurant or drive-through facility. Floor area added for the purpose of compliance with state or local health laws or access requirements for the disabled shall not be included in floor area calculations for purposes of determining applicability of this section.

B. Minimum Development Standards.

1. Hours of Operation. When located on a site adjacent to, or separated by an alley from, any residentially zoned property, a drive-in restaurant or drive-through facility shall not open prior to six a.m., nor remain open after ten p.m.

2. Driveways. Drive-in restaurants and drive-through facilities shall have two points of ingress/egress.

3. Queuing. Drive-in restaurants and drive-through facilities shall have a capacity for queuing a minimum of six vehicles awaiting service. Queuing area shall not interfere with on- or off-site circulation patterns and shall be reviewed and approved by the city engineer prior to approval of a conditional use permit.

4. Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the city engineer and planning director prior to approval of a conditional use permit.

5. Refuse Storage Area. A minimum of one outdoor trash and one outdoor recycling receptacle shall be provided on site adjacent to each driveway exit or as approved by the planning director. At least one additional on-site outdoor trash receptacle shall be provided for every ten required parking spaces.

6. Noise. Any drive-in or drive-through speaker system shall not be audible above daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area, and shall not be located within thirty feet of any residential zoning district or any property used for residential uses.

7. Performance Standards for Drive-Through Uses.

a. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping.

b. Drive-through aisles shall have a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.

c. Drive-through aisles shall provide sufficient stacking area behind menu or order board to accommodate a minimum of six cars.

d. All service areas, restrooms and ground-mounted and roof-mounted mechanical equipment shall be screened from view.

e. Landscaping shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of readerboard signs and directional signs.

f. Drive-through aisles shall be constructed with (PCC) concrete.

g. Parking areas and the drive-through aisle and structure shall be set back from the ultimate curb face a minimum of twenty-five feet.

Figure 18.09.110-A

Drive-Through Uses

(Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.120 Home occupations.

Home occupations are a growing part of the local economy providing workplace alternatives and opportunities for employment within the home. The home occupation permit is intended to allow for small businesses that are conducted within homes existing in residential zoning districts. Home occupations shall be clearly incidental and secondary to the primary use of the dwelling unit and compatible with surrounding residential uses.

A. Performance Standards.

1. No more than twenty-five percent of the total floor area of any dwelling unit, nor more than four hundred square feet of floor area, whichever is greater, shall be used to conduct home occupation(s).

2. No more than two nonresident employees or independent contractors shall be permitted to work at the home occupation location, regardless of the number of home occupations permitted at any one residence. Nonresident employees, independent contractors and/or customers shall not engage in on-site business activities between the hours of 10:00 p.m. and 7:00 a.m.

3. The home occupation shall not be evident or visible from outside the residence, whether from any changes in the outward appearance of the residence or premises or otherwise, except by means of a nameplate sign allowed pursuant to subsection (A)(10) of this section.

4. No equipment or processes shall be used as part of the home occupation that create unreasonably disruptive noise, smoke, dirt, dust, liquid or solid waste, gas, light, glare, fumes, odors, vibration, electrical, radio, or television interference or which create or contribute to other nuisances disruptive to nearby properties.

5. Articles produced on the premises may be offered for sale on site, by mail, phone and/or Internet. Articles produced off site may only be sold by mail, phone and/or Internet; except that samples of articles produced elsewhere may be displayed on the premises if the products ordered from samples are stored elsewhere and delivered to customers directly from off-premises locations.

6. Parking in connection with a home occupation shall not cause a significant increase in parking demand or in automobile, pedestrian or truck traffic.

7. No home occupation shall cause the loss or reduction of required parking at the residence.

8. There shall be no storage of equipment, merchandise, materials or supplies used in the home occupation outdoors or within a garage or carport if such use interferes with the primary use of the garage or carport as vehicular storage.

9. Any hazardous materials or mechanical equipment to be used in the home occupation, other than normal household equipment or products, in suitable quantities for household use, shall be listed on the application for a home occupation permit. Material safety data sheets (MSDS) shall be provided for each material at the time of application.

10. No signs shall be displayed in conjunction with the home occupation, other than a nameplate as provided for in Section 18.12.030.

11. There shall be no advertising informing the public of the address of the home occupation except for items not displayed to the general public, such as business cards, order forms, invoices and letterhead.

12. A home occupation permit shall be obtained for each business to be conducted on the premises, and valid only for the person to whom it is issued.

No home occupation permit shall be valid unless a current city business license is obtained for the home occupation and kept current at all times during the operation of the home occupation. No home occupation permit shall be valid unless all other necessary licenses and permits, including any required from county health officials, are obtained and kept current at all times during the operation of the home occupation.

B. Prohibited Home Occupation Uses. The following uses, either by operation or nature, are considered not to be incidental to or compatible with residential activities and therefore are not permitted:

1. Automotive and other vehicle repair (body or mechanical), painting, or storage.

2. Barber and beauty shop.

3. Carpentry and cabinet making.

4. Welding and machine operation.

5. Medical offices, clinics and laboratories.

6. Animal hospitals and grooming facilities.

7. Contractor’s storage yards; provided, however, that the parking of one commercial vehicle with an unladen weight of four thousand five hundred pounds or less may be permitted.

8. Adult entertainment.

9. Exercise studios.

10. Music instruction having more than one student at any one time.

11. Dancing and educational instruction having more than five students at any one time and more than three classes per day.

12. Junk yards.

13. Other uses the planning commission determines to be similar in characteristics or impacts upon the residential neighborhood to those listed above.

C. Relationship to State Law. In the event that any provision of this section conflicts with any requirement of state law relating to cottage food operations or other home occupations, the provisions of state law relating to cottage food operations, including but not limited to Government Code Section 51035 and Health and Safety Code Sections 113758, 113851, 114365, 114365.2, 114365.5, 114365.6, 114390, 114405 and 114409, shall prevail as applied to a cottage food operation which meets the requirements of state law and county regulations. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.130 Hotel/motel conversions.

The purpose of these standards is to ensure that hotels and motels provide services for travelers, maintain peace and quiet for fellow visitors and surrounding neighborhoods, pay transient occupancy taxes to ensure that services can be provided and that any change to long-term residency provides improvements that are suitable for long-term occupancy.

A. Transient occupancy tax shall be paid for all hotel/motel stays. Maximum stay in a hotel or motel room shall be thirty days.

B. It is not the intention of the city to encourage hotels/motels to convert to permanent occupancy. However, if the hotel/motel cannot be economically operated, the entire hotel/motel may be changed to residential use. A hotel/motel may not have both transient and nontransient occupancy.

1. A conditional use permit shall be required for a change to permanent occupancy. The conditional use permit application shall demonstrate how permanent parking can be provided and how private and public open space can be provided for occupants. For units with one room (exclusive of the bathroom) the planning commission may consider the SRO requirements for parking and open space. For units with more than one room (exclusive of the bathroom) the planning commission may consider the multifamily requirements for parking and open space. (Ord. 754-2024 § 9, 2024; Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.135 Emergency shelters.

The purpose of these standards is to ensure emergency shelters are located, developed, and operated in compliance with the applicable base district and the following standards:

A. Number of Residents. The number of adult residents, not including staff, who may be housed shall be limited to not more than fifty served on a year-round basis. During emergency events, emergency shelters shall not be limited to the number of persons served, subject to occupancy limits outlined in the California Building Code, so long as the operating conditions set forth in this section are met.

B. Length of Occupancy. Occupancy by a client may not exceed one hundred eighty consecutive days unless the on-site management plan identifies longer residency by those enrolled and regularly participating in a training or rehabilitation program.

C. On-Site Management Plan. The operator of the shelter must submit an on-site management plan for approval. The plan must include information related to how transportation, client supervision, security, client services, client intake, and staffing will be addressed.

D. Client Intake. An area dedicated to client intake shall be identified in the management plan. Outdoor waiting for clients, if any, may not be in the public right-of-way and must be large enough to accommodate the expected number of clients.

E. Parking. The provision of parking shall comply with the standards outlined in Chapter 18.11, Parking and Loading Requirements.

F. Lighting. All lighting shall comply with the provisions of Section 18.09.050, Outdoor lighting.

G. Security. On-site employee presence shall be provided during the hours that the emergency shelter is in operation.

H. Health and Safety Standards. All emergency shelters must comply with the standards set forth in Title 25 of the California Administrative Code (Part 1, Chapter F, Subchapter 12, Section 7972). (Ord. 754-2024 § 9, 2024)

18.09.140 Interim agricultural uses.

On parcels that are two and one-half acres or larger in size located within any zoning district, the following agricultural uses shall be permitted or conditionally permitted:

A. Permitted Uses.

1. All types of agricultural, horticulture and grazing, excluding concentrated feed lots or commercial poultry enterprises, shall be permitted subject to the following stipulations:

a. The total number of horses, sheep and other cleft-hoofed animals shall meet the standards of Section 6.04.150 et seq.

b. Aviaries shall not exceed a total of fifty birds per acre of gross site area.

c. The retail sale of products raised on the property shall be permitted but shall exclude retail nursery sales and the commercial sale of animals permitted for grazing purposes.

B. Conditionally Permitted Uses. The following uses shall be permitted subject to the issuance of a conditional use permit as provided in Chapter 18.03:

1. Frog farms.

2. Fish hatcheries or farms for their stocking, breeding, or commercial sale.

3. Worm farms.

4. The propagation, processing and wholesale distribution of nursery plant stock, including the on-site sale of related materials and supplies associated with landscape improvement and/or maintenance operations, where the sale of such nonplant-related nursery stock is clearly incidental and related to the stock propagated on site for distribution. However, outdoor storage and display shall be limited solely to the retail sale of the nursery plant stock.

5. The raising of rabbits, chinchilla, nutria, hamsters, guinea pigs, and other such animals similar in size, appearance and weight, for commercial purposes. (Ord. 754-2024 § 9, 2024; Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.150 Kennels (commercial and noncommercial).

The purpose of these regulations is to ensure that the operation and maintenance of commercial and noncommercial kennels does not create a nuisance or otherwise impair the enjoyment of surrounding properties. Commercial and noncommercial dog kennels including training schools, animal shelters, and breeding establishments that incorporate outside holding pens, runs, etc. shall be permitted subject to the issuance of a conditional use permit as provided in Chapter 18.03.

A. Performance Standards for Commercial and Noncommercial Kennels.

1. All kennels shall comply with the provisions of Section 6.04.220 et seq.

2. The kennel area shall be sound attenuated so that the noise level does not exceed any applicable standards.

3. No animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within a required setback area. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.160 Large family day care.

Repealed by Ord. 753-2023. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.170 Recycling facilities.

Recycling facilities allowed within the commercial and industrial zoning districts and as defined in Chapter 18.14 shall be subject to the following standards:

A. Reverse Vending Machines. Reverse vending machines may be approved subject to plot plan review pursuant to Chapter 18.03 only if the following conditions are met. If these conditions cannot be met, the use is subject to approval of a conditional use permit by the planning commission.

1. The machines are established as an accessory use to an allowed main use that is in compliance with this title and the building and fire codes of the city of Cloverdale.

2. The machines are located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

3. The machines do not occupy parking spaces required by the primary use.

4. The machines occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

5. The machines are constructed and maintained with durable, waterproof and rustproof material.

6. The machines are clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

7. The machines have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.

8. The machines are maintained in a clean, litter-free condition on a daily basis.

9. The machines have operating hours no greater than the host use.

10. The machines are illuminated in accordance with Section 18.09.050, Outdoor lighting, to ensure comfortable and safe operations if operating hours are between dusk and dawn.

B. Recycling Facilities—Small Collection Facilities.

1. Small collection facilities may be approved in commercial and industrial zoning districts subject to plot plan review pursuant to Chapter 18.03, only if the following conditions are met. If these conditions cannot be met, the use is subject to approval of a conditional use permit by the planning commission.

a. The facilities are established in conjunction with an existing commercial use or community service facility that is in compliance with this chapter and the building and fire codes of the city of Cloverdale.

b. The facilities occupy less than three hundred fifty square feet and no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers.

c. The facilities are set back at least ten feet from any property line and shall not obstruct pedestrian or vehicular circulation.

d. The facilities use no power-driven processing equipment except for reverse vending machines.

e. The facilities use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

f. All recyclable material is sorted in containers or in the mobile unit vehicle and materials are not left outside of containers when an attendant is not present.

g. The facilities are maintained free of litter and any other undesirable materials. Mobile facilities, where truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

h. The operation of the facilities does not exceed noise levels of any applicable noise standard.

i. The facilities do not impair any landscaping required by any permit issued pursuant thereto.

j. The facilities are adequately screened. The design, height, materials and location of screening shall be approved by the planning director.

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

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

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

A reduction in available parking spaces in an established parking facility may then be allowed as follows. The approval will be reconsidered at the end of eighteen months.

i. For commercial host use:

Number of Available Parking Spaces	Maximum Reduction
0—25	0
26—35	2
36—49	3
50—99	4
100+	5

ii. For a community facility host use: A maximum five-space reduction will be allowed when not in conflict with parking needs of the host use.

c. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.

d. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

e. Attended facilities located within one hundred feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.

f. Containers for the twenty-four-hour donation of materials shall be at least thirty feet from any property zoned or occupied for residential use unless there is a recognized service corridor acoustical shielding between the containers and the residential use.

g. Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or containers.

h. Signs shall be in conformance with Chapter 18.12.

i. If the plot plan review/conditional use permit approval expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

C. Recycling Facilities—Large Collection Facilities. Large collection facilities may be approved in industrial zoning districts subject to plot plan review or conditional use permit, only if the following conditions are met:

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

2. Structure setbacks and landscape requirements shall be those applicable to the zoning district in which the facility is located.

3. Exterior storage of materials shall be screened from view from adjacent public rights-of-way and adjoining parcels.

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

5. Any containers provided for “after hours” deposit of recyclable materials shall be located at least three hundred feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials.

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

D. Recycling Facilities—Processing and Transfer Facilities. Recycling processing facilities, excluding scrap and dismantling yards, and transfer facilities are permitted subject to approval of a conditional use permit in the general industrial district in compliance with the following standards. Information on how the standards will be met shall be included in the conditional use permit application submittal materials.

1. The facility shall not abut a parcel planned, zoned or occupied for residential use.

2. The facility shall operate in an area completely enclosed on all sides by landscaping and an opaque fence or wall of sufficient height to completely screen the facility from public view.

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

4. Processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, sorting of source-separated recyclable materials, and repairing of reusable materials.

5. A processing facility shall not exceed forty-five thousand square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers.

6. Dust generated from the facility shall be controlled to the maximum extent possible. Measures shall include, but are not limited to, misting systems, water trucks, manual or mechanical sweeping and use of negative ventilation. The conditional use permit application materials shall include a dust control plan.

7. Odors generated by the facility shall be controlled and be prevented from migrating off site to the maximum extent possible. Odor control measures may include, but are not limited to, misting systems, masking agents, containment and use of negative ventilation.

8. Noise levels shall not exceed standards established in the general plan.

9. All on-site access areas, tipping areas, staging areas and sorting areas shall be surfaced with asphalt concrete or concrete paving.

10. Operating hours shall not exceed eight a.m. to seven p.m. when located within two hundred feet of a residentially zoned or occupied property.

11. All storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be approved by the fire department.

12. Space shall be provided to park each commercial vehicle operated by the processing or transfer facility and for each employee of the facility. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.180 Accessory dwelling units.

A. The purpose of these standards is to ensure that accessory dwelling units (ADUs) located in any zoning district do not adversely impact either adjacent parcels or the surrounding neighborhood, and are developed in a manner which protects the integrity of the zoning district, while providing for needed housing opportunities for owners of eligible parcels. Accessory dwelling unit(s) may be established by the conversion of an attic, basement, garage (with replacement of covered parking) or other portion of a residential structure. Detached accessory dwelling units may also be established by the conversion of an accessory structure or by new construction. The city has determined that accessory dwelling units which are allowed on parcels with primary residences:

1. Provide for unmet housing needs;

2. Provide for efficient use of existing public infrastructure; and

3. Provide relatively affordable housing.

B. Applicability. Accessory dwelling units are permitted in any zoning district that permits residential uses, as well as on parcels that are developed with residential uses, subject to building permit approval. The primary dwelling unit(s) shall be completed and occupied prior or simultaneous to occupying an accessory dwelling unit. Government Code Section 65852.2 shall supersede the permitting requirements and development standards outlined in this section.

C. Property Development Standards. Accessory dwelling units shall comply with existing building and fire codes, and any applicable design criteria, including but not limited to setbacks, height limits and maximum floor area ratio. Accessory dwelling units are exempt from density calculations. For purposes of reviewing a project for compliance with the applicable lot coverage, floor area ratio and related development standards, an accessory dwelling unit is not considered an “accessory structure” or an “accessory use” as established under the provisions of Chapter 18.14 (Zoning Code Definitions). In addition, the following standards shall apply:

1. Accessory dwelling units are permitted on single-family residential lots less than six thousand square feet, subject to the following:

a. One ADU up to eight hundred fifty square feet, or one ADU up to one thousand square feet if the ADU provides more than one bedroom; or

b. Two ADUs, the total combined square footage of which does not exceed eight hundred fifty square feet.

2. Accessory dwelling units are permitted on single-family residential lots six thousand square feet or larger, subject to the following:

a. One ADU up to one thousand two hundred square feet; or

b. Two ADUs, the total combined square footage of which cannot exceed one thousand two hundred square feet.

3. For an attached ADU, the total floor area shall not exceed fifty percent of the existing primary dwelling.

4. Accessory dwelling units are permitted on lots which are currently used for a multifamily residential land use when the ADU is created within existing portions of the multifamily residential structure that is not currently used as livable space (storage, carport, garage, etc.) and if each space complies with applicable building and health and safety codes. However, one-story detached ADUs may be allowed on a multifamily residential parcel provided such units comply with the development standards for one-story ADUs contained within this section.

Limitations of ADUs on multifamily residential lots:

a. No more than two detached ADUs may be allowed on a parcel developed with a multifamily residential use;

b. The number of ADUs permitted within the footprint of an existing multifamily residential structure may be up to twenty-five percent of the number of existing units, or one unit, whichever is greater.

5. Accessory dwelling units shall be smaller than the primary dwelling unit and shall not cause the property to exceed the maximum floor area ratio (F.A.R.) permitted by the zoning ordinance. However, if the creation of an ADU would cause the property to exceed the maximum F.A.R. permitted by the zoning ordinance, the F.A.R. must be waived to permit at least an eight-hundred-square-foot ADU.

6. Accessory dwelling units may be attached to or detached from the primary dwelling unit or may be a combination thereof subject to meeting the maximum ADU square footage limitations for the parcel.

7. An accessory dwelling unit may be constructed from or within an existing building subject to the provisions of this section.

8. Any window or door of an accessory dwelling unit shall utilize techniques to lessen privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, windows and doors facing toward the primary on-site residence or screening treatments.

9. No additional parking shall be required for an accessory dwelling unit. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, no parking replacement spaces shall be required.

10. Separate utility meters may be provided for accessory dwelling units. In cases where an existing primary dwelling structure is to be converted to an accessory dwelling unit or partially converted to create an accessory dwelling unit(s) within the structure, the area designated for the accessory dwelling unit must comply with applicable structural, electrical and plumbing codes, subject to the review and approval of the building official.

11. A separate entrance to an accessory dwelling unit shall be provided.

12. Review of an accessory dwelling unit for compliance with the applicable municipal code standards shall be completed within sixty days of submittal of a complete application to the building department, if there is an existing dwelling unit on the lot. An application for a building permit shall include all information necessary to complete review of the proposal for compliance with the provisions of this section, within the prescribed time frame.

13. Height.

a. An accessory dwelling unit that is attached to the primary residence shall be subject to the same zoning district height limit established for the primary dwelling.

b. A detached accessory dwelling unit may be allowed up to two stories and a height of twenty-five feet.

14. Setbacks.

a. A new detached accessory dwelling unit shall be subject to the following setbacks:

i. Minimum interior side yard and rear yard setbacks: four feet.

ii. Front yard: Same as the required front setback for the zoning district in which the property is located, not to exceed twenty feet.

b. An accessory dwelling unit that is created as a result of internal conversion of existing and legally permitted garage area or habitable living space shall be allowed, regardless of whether the existing structure complies with current setback requirements. This includes the conversion of an attached or detached habitable or garage structure that maintains zero setback; provided, that all other applicable requirements of the municipal code, fire code and building code have been or will be met.

15. Lot Coverage. Accessory dwelling units shall not be considered when calculating the maximum lot coverage allowed.

16. Impact Fees. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including sewer and water. ADUs of seven hundred fifty square feet or less shall not be subject to impact fees. ADUs larger than seven hundred fifty square feet may, as determined by the city council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary unit.

17. An accessory dwelling unit created under this section shall be maintained with the provisions of this section and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the planning director. In considering such requests, the planning director shall consider the length of time such permit has been in force, the conditions under which the building permit was approved, the exceptions granted for the permit, and the impact on the city’s affordable housing supply. As a condition of termination, the planning director shall require the property owner to make modifications to the property to: (a) comply with current building code requirements and (b) comply with current development standards in effect at the time of the request to terminate the use of the ADU. (Ord. 754-2024 § 11, 2024; Ord. 735-2020 § 5 (Exh. D), 2020: Ord. 714-2017 § 4 (Exh. I), 2017: Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.185 Junior accessory dwelling units.

The purpose of this section is to ensure consistency with Government Code Section 65852.22. This section implements the provisions of the general plan housing element that encourage the production of affordable housing.

A. Applicability. Junior accessory dwelling units (JADUs) shall be permitted only in compliance with the requirements of this section, and all other requirements of the applicable zoning district, except as otherwise provided by this section. This section does not apply to accessory dwelling units, which are regulated by Section 18.09.180.

B. Permit Requirements and Fees. A building permit shall be required for a junior accessory dwelling unit. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services.

C. Time Limits. Unless a longer time frame is voluntarily requested by the applicant, the required ministerial permit for an accessory dwelling unit shall be approved or denied within sixty days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot. Additionally, the city may delay acting on the permit application if the permit application is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, as specified.

D. Use. Junior accessory dwelling units may not be sold separately from the single-family dwelling, but may be rented separately. Occupant(s) need not be related to the property owner. Junior accessory dwelling units may not be rented on a transient occupancy basis (less than thirty days).

E. Timing. A junior accessory dwelling unit allowed by this section must be installed after construction of the single-family dwelling.

F. Density. As provided by Government Code Sections 65852.22(d) and (e), junior accessory dwelling units are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the general plan. No more than one junior accessory dwelling unit may be located on a parcel.

G. Design and Development Standards. Junior accessory dwelling units shall conform with the development standards of the base zoning district. In addition, junior accessory dwelling units shall meet the following standards:

1. Size. A junior accessory dwelling unit shall not exceed five hundred square feet in floor area. If the bathroom is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation.

2. Location. A junior accessory dwelling unit shall be installed within a legally established bedroom within the existing walls of a fully permitted single-family dwelling.

3. Access. A separate entrance to the junior accessory dwelling unit shall be provided, and interior access to the remainder of the single-family dwelling shall be maintained. Two doors may be installed within one frame for noise attenuation.

4. Kitchen. A junior accessory dwelling unit shall contain an efficiency kitchen, as defined in Section 18.14.030 (Definitions). The efficiency kitchen must be removed when the junior accessory dwelling unit use ceases.

5. Sanitation. A junior accessory dwelling unit may include a full bathroom, or the occupant(s) may use a full bathroom inside the remainder of the single-family dwelling.

6. Parking. A parking space is not required for the junior accessory dwelling unit.

H. Deed Restriction. A deed restriction shall be recorded that: prohibits the subdivision or sale of the junior accessory dwelling unit separate from the single-family dwelling; specifies that the deed restriction runs with the land and is therefore enforceable against future property owners; restricts the size and features of the junior accessory dwelling unit in accordance with this section; prohibits the junior accessory dwelling unit from being rented on a transient occupancy basis (less than thirty days); and further that the city shall be a third party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction.

I. Removal of Junior Accessory Dwelling Unit. A junior accessory dwelling unit created under this section shall be maintained with the provisions of this section and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the planning director. In considering such requests, the planning director shall consider the length of time such permit has been in force, the conditions under which the building permit was approved, the exceptions granted for the permit, and the impact on the city’s affordable housing supply. As a condition of termination, the planning director shall require the property owner to make modifications to the property to: (1) comply with current building code requirements and (2) comply with current development standards in effect at the time of the request to terminate the use of the JADU. (Ord. 735-2020 § 5 (Exh. E), 2020)

18.09.190 Self-storage warehouses.

This section is to ensure that self-storage warehouse operations, commonly known as “mini-storages,” do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire or safety hazard, visual blight, or uses indirectly supportive of illegal or criminal activity. The special provisions in this section are intended to differentiate self-service storage warehousing uses from more intensive wholesale or general warehousing uses, especially in regard to the differing parking requirements for these uses.

A. Applicability. The provisions of this section shall apply to all new self-storage warehouse uses and to all existing facilities at such a time as the storage area of the existing business is expanded.

B. Minimum Development Standards.

1. No business activity shall be conducted other than the rental of storage spaces for inactive storage use.

2. All storage shall be fully enclosed within a building or buildings.

3. No flammable or otherwise hazardous materials shall be stored on site.

4. Residential quarters for a manager or caretaker may be provided in the development.

5. The development shall provide for two parking spaces for the manager or caretaker, and a minimum of five spaces for customer parking.

6. Aisle width shall be a minimum of twenty-five feet between buildings to provide unobstructed and safe circulation.

7. The site shall be entirely paved, except for structures and landscaping.

8. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way. See Section 18.09.050.

9. The site shall be completely enclosed with a six-foot-high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gate(s) shall be maintained in good working order and shall remain closed except when in use.

10. Hours of operation for storage facilities located adjacent to residential zoning districts are restricted to seven a.m. to nine p.m., Monday through Saturday, and nine a.m. to nine p.m. on Sundays. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.200 Automobile service stations.

The purpose of these standards is to ensure that automobile service stations do not result in an adverse impact on adjacent land uses, especially residential uses. While automobile service stations are needed by residents, visitors, and employees of the city, traffic, glare, and uses associated with automobile service stations, particularly those open twenty-four hours per day, may be incompatible with nearby uses, particularly residential uses.

A. Applicability. Automobile service station uses are permitted only with approval of a conditional use permit. The provisions of this section shall apply to all new automobile service stations

and to any expansion of thirty percent or more in floor area, or a remodeling, or any on-site development that is valued at more than fifty percent of the value of the improvements on the parcel at the time of remodeling, excluding land value. An existing automobile service station which undergoes a change of ownership, name or similar change without physical alterations to the property is not a “new automobile service station” for purposes of this section. Subject to applicable law, the provisions of this section shall also apply to an automobile service station which after being closed for more than one hundred eighty days is to be reopened.

B. Minimum Development Standards.

1. Setbacks. No building or structure shall be located within twenty feet of any curb face, or within ten feet of any interior parcel line, whichever is more.

2. Corner Locations. Automobile service station buildings, mini-markets, and other permitted incidental automobile service station related uses proposed at corner locations shall be oriented away from the street frontage. Rear building elevations shall be oriented toward the corner and shall have architectural details consistent with the overall design theme.

3. Gasoline Pumps. Gasoline pumps shall be at least twenty feet from any property line.

4. Canopies. Canopies shall be at least ten feet from any property line and shall be attached to and architecturally integrated with the main structure.

5. Walls. Automobile service stations shall be separated from adjacent residential property by a decorative masonry wall of not less than six feet in height. Materials, textures, colors, and design of all walls shall be compatible with on-site development and adjacent properties. No wall required to be erected and maintained by the provisions of this section shall be constructed within five feet of a driveway entrance or vehicle access way opening onto a street or alley that would obstruct a cross view of pedestrians on the sidewalk, alley, or elsewhere by motorists entering or exiting the parcel.

6. Paving. The site shall be entirely paved, except for buildings and landscaping.

7. Landscaping. The automobile service station site shall be landscaped pursuant to the following standards:

a. A minimum of fifteen percent of the site shall be landscaped including a planting strip at least five feet wide along all interior parcel lines, nondriveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than three feet above the average adjacent grade.

b. A minimum of one-hundred-fifty-square-foot landscaped area shall be provided at the intersection of two property lines at a street corner.

c. All landscaped areas shall be properly maintained in a neat, orderly, and safe manner. Such landscaping and maintenance shall include, but not be limited to, the installation and use of an automatic irrigation system, permanently and completely installed, that delivers water directly to all landscaped areas.

8. Access and Circulation. No more than two driveways with a maximum width of thirty-five feet each and separated by a distance approved by the city engineer shall be permitted on any one street frontage and shall be located as follows:

a. Driveways shall not be located closer than fifty feet from the beginning of the curb return of a street intersection, fifteen feet from a residential property line or alley, nor as to otherwise interfere with the movement and safety of vehicular and pedestrian traffic, subject to the approval of the city engineer.

b. All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty feet of a residentially zoned property, and shall be oriented away from public rights-of-way.

9. Restrooms. Each automobile service station shall provide a men’s and women’s public restroom that is accessible to the general public and physically disabled during all hours the automobile service station is open to the public. Restrooms shall be attached to a structure on site with entrances or signage clearly visible from the gasoline service area or cashier station, and concealed from view of adjacent properties by planters or decorative screening and shall be maintained on a regular basis.

10. Telephones. At least one public telephone shall be provided at each automobile service station in a location that is easily visible from public rights-of-way.

11. Vending Machines. Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in automobile service stations, such as refreshments and maps. Vending machines outside of buildings may not be illuminated.

12. Location of Activities. All repair and service activities and operations shall be conducted entirely within an enclosed service building, except as follows:

a. The dispensing of petroleum products, water, and air from pump islands.

b. Replacement service activities such as wiper blades, fuses, radiator caps, and lamps.

c. Minor repair work taking less than one hour to perform.

d. The sale of items from vending machines placed next to the main building in a designated area not to exceed thirty-two square feet, and screened from public view.

e. The display of merchandise offered for customer convenience on each pump island; provided, that the aggregate display area on each island shall not exceed twelve square feet and that the products shall be enclosed in a specially designed case.

f. Motor vehicle products displayed along the front of the building and within thirty-six inches of the building, limited to five feet in height and not more than ten feet in length.

13. Lighting. See Section 18.09.050, Outdoor lighting.

14. Refuse Storage and Disposal. Trash areas shall be provided and screened according to the provisions of Section 18.10.060.

a. All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

b. Refuse bins shall be provided and placed in a location convenient for customers.

c. Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be stored outside the main building.

15. Equipment Rental. Rental of equipment such as trailers and trucks shall be permitted subject to the following restrictions:

a. Rental equipment may not occupy or interfere with the required parking for the automobile service station.

b. The rental of the equipment must clearly be incidental and secondary to the main activity on the site.

16. Operation of Facilities. The automobile service station shall at all times be operated in a manner not detrimental to surrounding properties or residents. Site activities shall not produce or be reasonably anticipated to produce any of the following:

a. Damage or nuisance from noise, smoke, odor, dust, or vibration.

b. Hazard from explosion, contamination, or fire.

c. Hazard occasioned by the unusual volume or character of traffic, or the congregating of a large number of people or vehicles. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.210 Outdoor seating.

The purpose of this section is to permit outdoor seating that enhances the pedestrian ambiance of the city, but to also ensure it does not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the general plan.

A. Permit Required. The planning director is authorized to approve outdoor seating through the plot plan review process, or the planning commission may through the conditional use permit process, consistent with Table 18.05.030-A and where located on the public sidewalk subject to issuance of an encroachment permit by the city engineer.

B. Minimum Development Requirements. Outdoor seating shall comply with the property development standards for the zoning district in which it is to be located and with the special conditions below.

1. Accessory Use. Outdoor seating shall be conducted as an accessory use to a legally established business or use, generally a restaurant or other eating and drinking establishment.

2. Location. Outdoor seating may be located on private property or on the public sidewalk. Where located on the public sidewalk, outdoor seating must be immediately adjacent to and abutting the primary use; provided, that the area in which the outdoor seating is located extends no farther along the sidewalk’s length than the actual sidewalk frontage of the operating business.

3. Sidewalk Clearances. Outdoor seating on the public sidewalk may be permitted only where the sidewalk is wide enough to adequately accommodate the usual pedestrian traffic in the area, all applicable access requirements (including state and federal disability access requirements), all applicable city standards for pedestrian travel ways and the operation of the proposed business. Outdoor seating shall not occupy more than fifty percent of the sidewalk’s width at any point and not less than five consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic.

4. Enclosure. Awnings or umbrellas may be used in conjunction with outdoor seating. Permanent structures such as a roof or shelter are allowed with an encroachment permit. Awnings shall be adequately secured, retractable, and shall comply with the provisions of the California Building Standards Code as in effect in the city.

5. Fixtures. The furnishings of any outdoor seating located on the public sidewalk shall consist only of movable tables, chairs, umbrellas and outdoor heaters. Lighting fixtures associated with outdoor seating located on the public sidewalk may be permanently affixed onto the exterior front of the main building.

6. Outdoor music or speakers shall be prohibited.

7. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the outdoor seating on the public sidewalk or right-of-way. Outdoor seating shall remain clear of litter at all times.

8. Hours of Operation. The hours of operation of the outdoor seating shall be limited to the hours of operation of the associated business.

9. Food and Beverages. Only food and nonalcoholic beverages prepared or stocked for sale at the adjoining business may be served; provided, however, that the service of beer or wine, or both, solely for on-premises consumption by customers within the public right-of-way may be authorized by the planning director or planning commission as part of the permit approval. (Ord. 744-2022 § 4 (Exh. A), 2022; Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.220 Single-room occupancy (SRO) living units.

The purpose of these regulations is to provide development standards for reduced-sized commercial dwelling units, defined as single-room occupancy (SRO) living units, with limited parking requirements to provide additional options for affordable housing opportunities and for people with special needs in proximity to transit and services.

A. Permit Required. Single-room occupancy living units shall be conditionally permitted in residential and commercial zoning districts as shown in Tables 18.04.040-A and 18.05.030-A. Design review shall be required for new construction and/or exterior modifications to existing structures.

B. Minimum Development Requirements. Each single-room occupancy living unit shall comply with the property development standards for the zoning district in which it is to be located and with the special conditions below.

1. Excluding the closet and the bathroom area, an SRO living unit shall be a minimum of one hundred fifty square feet and a maximum of four hundred square feet in floor area. All SRO units must have a closet.

2. Each SRO living unit shall be designed to accommodate a maximum of two persons.

3. SRO projects shall have at least ten square feet of common usable open space per unit; however, no SRO project shall provide less than two hundred square feet of common outdoor open space and two hundred square feet of common indoor open space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space. Fencing shall meet the requirements set forth in Section 18.09.030. Outdoor lighting shall meet the requirements set forth in Section 18.09.050.

4. Common open spaces shall be designed and furnished for use by residents. Appropriate furnishings for indoor spaces may include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s). Outdoor furnishings may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).

5. Any outdoor balconies for individual SRO units shall not be visible from the street or public right-of-way.

6. Laundry facilities with a minimum of one washer and one dryer shall be provided in a separate room. Additional washers and dryers must be provided for any development that has more than twenty units at the ratio of one washer and one dryer for every additional twenty units or a portion thereof.

7. Each unit shall have its own bathroom.

8. Each individual single-room occupancy living unit shall have facilities for cooking, refrigeration and washing utensils. Facilities for community garbage storage or disposal shall be provided on each floor.

9. All SRO units must have access to a separate usable storage space within the project.

10. SRO projects shall provide one-half off-street parking space plus one easily accessible space for storing and locking a bicycle per unit. SRO projects providing extremely low income and farmworker housing may request reduced parking requirements at the discretion of the approving body.

11. An SRO facility with ten or more units shall provide twenty-four-hour on-site management. An SRO facility with less than ten units shall provide a management office on site.

12. All SRO projects must have a management plan approved by the city of Cloverdale planning department staff. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

13. A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water shall be provided on each floor of the living unit building. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.230 Smoke shops and smoking lounges.

The purpose of these standards is to ensure that smoke shops and smoking lounges do not result in an adverse impact on adjacent land uses, especially youth-frequented locations such as schools. The special provisions in this section are intended to mitigate potential impacts such as fire or safety hazards, visual blight, and uses indirectly supportive of illegal or criminal activity on neighboring properties.

A. Applicability. Smoke shops and smoking lounges are permitted only with approval of a conditional use permit, as set forth in Table 18.05.030-A. The provisions of this section shall apply to:

1. The establishment and operation of all new smoke shops and smoking lounges; and

2. Any smoke shop or smoking lounge that existed prior to September 11, 2013, that expands by ten percent or more gross floor area or is remodeled. An existing smoke shop or smoking lounge which undergoes a change of ownership, name or similar change without physical alteration to the property is not a “new smoke shop or smoking lounge” for purposes of this section.

B. Minimum Development and Performance Standards. Each smoke shop or smoking lounge shall comply with the property development standards for the zoning district in which it is to be located and with the performance standards below.

1. No loitering, gathering or similar activity by customers or employees shall occur outside of any smoke shop or smoking lounge.

2. No smoking shall be permitted inside any smoke shop. Smoking shall only be permitted inside smoking lounges.

3. All city smoking regulations shall be abided by.

4. The parcel upon which any smoke shop or smoking lounge is located may not be within five hundred feet of any school.

5. Advertising of any form may not be displayed in locations visible from the public street or sidewalk with the exception of any on-site sign that contains the name or slogan of the business that has been lawfully placed in conformance with the city’s sign regulations, Chapter 18.12.

6. Distribution of free tobacco products, tobacco related products, or promotional items is prohibited.

7. No cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings shall be sold or offered for sale.

8. Compliance with state law including but not limited to Health and Safety Code Section 11364.5 and as amended from time to time.

Any use found not to be in compliance with the standards identified above may be revoked or modified as set forth in Section 18.03.030. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.240 Solar energy systems.

This section is intended to implement adopted federal, state and local policies and to promote the use of solar energy by providing for the installation and construction of solar energy systems subject to reasonable conditions that will protect the public health, safety and welfare.

There are two main types of active solar energy systems: thermal and photovoltaic. Thermal solar energy systems are used to generate heat for hot water, cooking, heating, melting, steam engines, etc. Photovoltaic solar energy systems are used to generate electricity for both grid-tied and off-grid systems.

A. Applicability. This section applies to both thermal and photovoltaic solar energy systems. Solar energy systems may be located in any zoning district.

B. Approvals Required. The applicant shall apply for and receive a building permit prior to installation of a solar energy system and/or making a material alteration to the size or placement of any solar energy system. Building permits for solar installations shall be issued administratively in compliance with Government Code Section 65850.5, Health and Safety Code Section 17959.1 and other applicable law.

C. Recommended Site Development Standards. Subject to applicable law, the following development standards are recommended for the development of all new solar energy systems. Aesthetic integration of the solar equipment into the architecture of the structure or landscaping is preferred.

1. Roof-Mounted Systems.

a. Preferred locations for solar energy panels shall be on non-character-defining rooflines of a nonprimary elevation or be screened in such a manner as to not be visible from adjacent public streets, to the extent that such location requirements do not unreasonably restrict the ability to install a solar energy system in a cost-efficient manner.

b. The recommended maximum height of a roof-mounted solar collector is two feet from surface of the roof to the top of the collector, measured perpendicular to the roof surface, not exceeding the overall height of the building, with the remainder of the solar energy system below the level of the solar collector(s).

c. For hip roofs, the recommended array location should not be closer than one and one-half feet to a hip or valley if modules are to be placed on both sides of a hip or valley.

d. For gable roofs, the recommended location for modules should be no higher than two feet below the ridge.

e. On flat roofs it is recommended that arrays be set back from the edge to minimize visibility and that solar panels and devices run parallel to the original roofline.

f. Solar panels, solar devices, mechanical equipment and mounting structures with nonreflective finishes such as an anodized finish are preferred. Solar panels and solar devices that are similar in color to roof materials, if available, are also preferred.

g. It is recommended that mechanical equipment attached to the building fascia be painted the same color as the fascia in order to blend into the building.

2. Ground-Mounted Systems. All ground-mounted solar energy systems shall be considered as and meet the setback requirements for accessory structures, to the extent feasible. Solar energy panels should be located and/or screened in such a manner as to not be visible from adjacent public streets to the extent that such siting requirements do not unreasonably restrict the ability to install a solar energy system in a cost-efficient manner.

3. Historic Structures or Districts. Care should be taken to avoid removing historic roofing materials in order to add solar panels; disturbing the original roofline, dormers, chimneys or other original features to add solar panels; and altering character-defining elements such as historic windows, walls, siding or shutters that face public streets or contribute to the character of the building.

D. Discontinuation of Use. All equipment associated with a solar energy system shall be removed within thirty days of the discontinuation of the use and the site shall be restored to its original pre-construction condition.

E. Application Requirements.

1. The location of the roof-mounted solar panel system shall be indicated on the plans, including roof plan, elevation and mounting details for panel installation.

2. A dimensioned plot plan showing parcel boundaries, locations of adjacent buildings and vegetation shall be required for ground-mounted systems. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.250 Swimming pools and recreational courts.

This section ensures that the construction of swimming pools and recreational courts within residential zoning districts as accessory uses is consistent with the predominant residential character of the neighborhood.

A. Permit Required. Swimming pools and recreational courts may be permitted as accessory uses to the primary residential uses.

B. Swimming Pools.

1. Swimming pools shall be set back a minimum of five feet from the rear and interior side property lines and ten feet from a street side property line to the water line.

2. Swimming pools shall be located within the rear half of the lot or fifty feet from the front property line, whichever is less.

3. All swimming pools proposed to be heated must be equipped with a solar pool heating system. Conventional swimming pool heating systems are prohibited.

4. Pool filtering equipment shall not be closer than twenty feet to any dwelling other than the owner’s.

5. No pool shall occupy over fifty percent of the required rear yard.

C. Recreational Courts.

1. The maximum height of fences enclosing recreational courts shall be six feet, unless a conditional use permit is obtained allowing a greater height.

2. Recreational courts shall be set back a minimum of ten feet from side and rear property lines.

3. All lighting shall be:

a. Designed, constructed, mounted, and maintained such that the light source is cut off when viewed from any point above five feet, measured outside of the lot at the lot line.

b. Used only between the hours of seven a.m. and ten p.m.

4. The surface of any recreational court shall be designed, painted, colored, and/or treated to reduce reflection from any lighting thereon.

The above standards shall be considered minimum standards. The appropriate approval authority may impose more stringent standards in cases where extraordinary site conditions exist. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.260 Nonhosted vacation rentals.

Nonhosted vacation rentals are permitted in commercial zoning districts as indicated in Table 18.05.030-A. A nonhosted vacation rental is a residence that is rented in its entirety as a tourist accommodation and is distinguished from a bed and breakfast inn because the vacation rental does not require an owner or operator to reside on the premises. In general, it is expected that nonhosted vacation rentals will be in existing houses.

A. Permit Required. A conditional use permit shall be required for any nonhosted vacation rental. The conditional use permit shall expire and become null and void in one year from the date that the use becomes discontinued.

B. Minimum Development Requirements. Nonhosted vacation rentals shall comply with the development standards for the zoning district in which they are to be located and with the special conditions below.

1. Any proposed nonhosted vacation rental shall be compatible with the neighborhood and shall be harmonious and compatible with the existing uses within the neighborhood.

2. A nonhosted vacation rental shall consist of no more than one complete residential unit on a parcel and must be detached from any other residential use.

3. Parking requirements are one space per bedroom. Excessive amounts of paving shall not be allowed. Areas devoted to parking and paving should not be disproportionate to the site size.

4. All California Building Standards Code and Fire Code requirements for the level of occupancy of the nonhosted vacation rental shall apply and must be met. All units are subject to inspection.

5. All environmental health regulations shall be met.

6. Guest stays shall be limited to a period less than thirty consecutive days.

7. A city business license is required and shall be maintained at all times.

8. Transient occupancy tax (TOT) shall be paid by the owner or operator per requirements of the city of Cloverdale Municipal Code. Nonpayment of TOT when the use is still operational may constitute grounds for revocation of the conditional use permit by the planning commission. Nonpayment for a period of one year shall be evidence that the use is discontinued.

9. A maximum occupancy shall be established for the nonhosted vacation rental at the time of conditional use permit issuance. The number shall be determined by the size and nature of the rental and on-site parking provision. Violation of the established occupancy is subject to the revocation of the conditional use permit by the planning commission.

10. Rules for occupancy shall be posted on site including proper handling of trash and recyclables, noise and quiet hours, emergency contact information that includes police and fire, maximum occupancy limits, and other specific responsible use guidelines for rental features and equipment.

11. Adjoining neighbors shall be given owner or operator contact information in case of disturbance, and shall be notified prior to the issuance of the conditional use permit.

12. All postings to advertise a nonhosted vacation rental shall also post the permit number and business license with the advertisement. (Ord. 723-2018 § 4 (Exh. F), 2018: Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.265 Hosted vacation rentals.

Hosted vacation rentals are permitted in all residential zoning districts as indicated in Table 18.04.040-A. A hosted vacation rental is the short-term rental of residential units (dwelling units, bedrooms or guest quarters) where the property owner resides and sleeps on the same property that the residential unit is located on while it is being rented. Hosted vacation rentals are distinguished from a bed and breakfast inn because the number of rooms which may be rented are restricted and the number of days within a calendar year that the residential unit may be rented are limited for hosted vacation rentals.

A. Registration Required. A residential unit shall not be used as a hosted vacation rental unless it is listed on the hosted vacation rental registry maintained by the city.

B. Use of Accessory Dwelling Units Prohibited. An accessory dwelling unit (ADU) shall not be permitted for use as a hosted vacation rental because the city recognizes the importance of maintaining ADUs as potential long-term rentals for the city’s housing stock.

C. Development Requirements and Special Conditions. Hosted vacation rentals shall comply with all of the development standards for the zoning district in which they are located and with the special conditions listed below.

1. The residential unit shall not be used as a hosted vacation rental for more than one hundred twenty days in a calendar year.

2. No more than two bedrooms within a dwelling unit may be rented at any one time and the maximum occupancy per bedroom rented shall be two persons (excluding children ages fifteen and younger).

3. Guest stays shall be limited to a period of less than thirty consecutive days.

4. A city business license shall be maintained at all times.

5. Transient occupancy tax (TOT) shall be paid by the owner pursuant to the requirements of the city of Cloverdale Municipal Code. Nonpayment of TOT while the use is operational may constitute grounds for removal of the residential unit from the hosted vacation rental registry. Nonpayment for a period of one year shall be evidence that the use is discontinued.

6. All California Building Code and Fire Code requirements applicable for the level of occupancy of the hosted vacation rental shall apply and must be met. All units shall be inspected prior to an initial listing term on the hosted vacation rental registry and reinspected prior to each extension.

7. All property owners and occupants within two hundred feet of a residential unit used as a hosted vacation rental shall be provided with contact information of the property owner of the hosted vacation rental in case of disturbance, and shall be notified prior to the residential unit being listed on the hosted vacation rental registry.

8. All postings and advertisements published for a hosted vacation rental shall include the registry number in the posting or advertisement.

9. The property owner shall file an annual report with the planning director on or before December thirty-first of each year in which a residential unit is listed on the hosted vacation rental registry for all or part of that calendar year which shall set forth:

a. The number of days in that calendar year in which the residential unit was rented;

b. How many bedrooms available for rent.

10. The property owner shall reside and sleep in a dwelling unit or guest quarters on the same property that the residential unit is located on while it is being rented. (Ord. 723-2018 § 4 (Exh. G), 2018)

18.09.270 Vehicle repair facilities.

This section provides for the mitigation of potential noise, fumes, litter, and parking problems associated with motor vehicle repair facilities. The development standards contained in this section are intended to ensure that vehicle repair facilities operate harmoniously and are compatible with adjacent and surrounding uses.

A. Permit Required. Repair facilities are permitted in the applicable commercial and industrial zoning districts only with approval of a conditional use permit. Each vehicle repair facility, including one that is part of and incorporated within an automobile dealership, shall conform to the development standards of the zoning district in which it is to be located, with the development standards for automobile dealerships set forth herein, and with the following development standards:

B. Minimum Development Standards.

1. Paving. The site shall be entirely paved, except for buildings and landscaping.

2. Structures. Entrances to individual service bays shall not face public rights-of-way or abutting residential parcels. All structures shall be constructed to achieve a minimum standard transmission coefficient (STC) sound rating of forty-five to fifty.

3. Repair Activities. All repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

4. Enclosure. Repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials and doors in maximum half open position during operating hours. All painting shall occur within a fully enclosed booth.

5. Litter. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building.

6. Storage. Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.280 Wind energy systems, small.

The purpose and intent of this section is to enable construction of small wind energy systems for on-site home, farm and small commercial use.

A. Applicability. Small wind energy systems may be permitted in any zoning district on property below the four-hundred-foot elevation subject to obtaining a conditional use permit pursuant to Chapter 18.03 and as otherwise provided in this section. All proposed small wind energy systems

shall also require environmental review in accordance with the California Environmental Quality Act.

B. Site Development Standards. The following development standards shall apply to the development of all new small wind energy systems:

1. Minimum Parcel Size. A small wind energy system shall only be located on a parcel that is a minimum one acre in size.

2. Spacing and Collocation. Only one small wind energy system may be located on a parcel and shall not be located on a parcel that is:

a. Within a scenic corridor identified by the conservation, design and open space element of the city general plan or a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code;

b. Subject to a conservation easement established in compliance with Civil Code Section 815 and following, that does not specifically authorize wind energy conversion systems; or

c. Subject to an open space easement established in compliance with Government Code Section 51070 and following, that does not specifically authorize wind energy conversion systems.

3. Setback Requirements. A small wind energy system shall not be located closer to a property line, public right-of-way and/or public utility lines than the height of the tower.

4. Height Limit. A small wind energy system tower (including the turbine) shall not exceed a maximum height of sixty-five feet on a parcel less than five acres, or a maximum height of eighty feet on a parcel of five acres or more; provided, that in all cases, the system shall comply with all applicable Federal Aviation Administration (FAA) requirements, including subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part I (commencing with Section 21001) of Division 9 of the Public Utilities Code).

5. If the unit is visible beyond the property line, the tower/blades/equipment must be painted a nonreflective, unobtrusive color or have a nonreflective surface. No brand names or advertising may be visible from the ground or any public right-of-way.

6. Turbine. The turbine proposed for the system shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC’s Renewables Investment Plan, or certified by a national program recognized and approved by the CEC.

7. Noise. Except during short-term events including utility outages and severe wind storms, a small wind energy system shall be designed, installed, and operated so that noise generated by the system shall not be a public nuisance or exceed any applicable noise standard.

8. Illumination. No illumination of the tower is permitted except as required by the FAA.

C. Discontinuation of Use. All equipment associated with a small wind energy system shall be removed within thirty days of the discontinuation of the use and the site shall be restored to its original pre-construction condition. The system may be declared a public nuisance if it has not generated power for twelve consecutive months, if it falls into general disrepair, or is not properly maintained.

D. Application Requirements. A conditional use permit application for a small wind energy system shall include the following:

1. Standard drawings and an engineering analysis of the system’s tower, showing compliance with the California Building Standards Code (CBSC) as in effect in the city, and certification by a California-licensed professional mechanical, structural, or civil engineer. A “wet stamp” shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (CBSC design category D), and the weakest soil class, with a soil strength of not more than one thousand pounds per square foot.

2. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

3. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

4. Evidence that the provider of electric utility service to the site has been informed of the applicant’s intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that system will not be connected to the electricity grid.

5. Evidence that the proposed height of the windmill does not exceed the height recommended by the manufacturer or distributor of the system.

6. A visual simulation or architectural rendering. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.290 Reasonable accommodation.

The purpose of this section is to establish a formal procedure for an individual with a disability seeking equal access to housing to request a reasonable accommodation as provided by the federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act, and to establish criteria to be used when considering these requests.

A. Definitions. As used in this section, the following terms are defined as follows:

“Acts” means the federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act.

“Individual with a disability” means, as defined under the Acts, a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or anyone who has a record of that type of impairment.

B. Application.

1. A written request for reasonable accommodation from a land use or land use code regulation or policy shall be made by an individual with a disability, his or her representative or a developer or provider of housing for an individual with a disability on a form provided by the planning and building department.

2. A request for reasonable accommodation shall state the basis of the request including but not limited to a modification or exception to a specific regulation, standard or practice for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.

3. The planning director may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the forty-five-day time period for making a determination on the request shall be suspended until the requested information is provided.

4. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

C. Review and Action.

1. Review Period. The planning director shall issue a written determination to either grant, grant with modifications, or deny a request for reasonable accommodation within forty-five days of the date the application is deemed complete, or within an extended period as mutually agreed upon in writing by the applicant and the director.

2. Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation shall include the following findings:

a. The housing that is the subject of the request for reasonable accommodation will be used by an individual with a disability protected under the Acts;

b. The requested accommodation is necessary to make housing available to an individual with a disability protected under the Acts;

c. The requested accommodation would not impose an undue financial or administrative burden on the city; and

d. The requested accommodation would not require a fundamental alteration in the nature of the city’s land use policies and development standards.

3. Notice. Notice of the determination shall be provided to the applicant and to abutting owners of the property that is the subject of the request for reasonable accommodation. All written decisions shall give notice of the right to appeal the director’s determination as set forth in subsection (C)(4) of this section.

4. Appeal of Determination. A determination by the director shall be final unless appealed to the planning commission as provided by Section 18.03.040. Only the aggrieved applicant and abutting owners who received notice of the reasonable accommodation determination have a right to appeal the decision.

5. Applicability. If the director grants the request, the request shall be granted to an individual and shall not run with the land unless the director determines that (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code or (b) the accommodation is to be used by another individual with a disability.

6. Recordation of Determination. Prior to the issuance of any permits relative to an approved reasonable accommodation, the planning director may require the applicant to record a covenant in the county recorder’s office acknowledging and agreeing to comply with the terms and conditions established in the determination. The covenant shall be required only if the director finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)

18.09.295 Special development standards for live-work units.

Live-work units may be allowed on property zoned commercial or M-1 (general industrial) subject to the following minimum standards to minimize land use interface impacts. Additional standards may be imposed through the plot plan review process.

A. Maximum Lot Coverage. Maximum lot coverage shall be sixty percent of a lot for live-work uses, which shall include both residential and work (industrial) components.

B. Residential Area Requirements. A maximum of fifty percent of a live-work total square footage shall be devoted to residential use.

C. Location of Living and Working Space. Living and working spaces on individual lots may either be integrated or two separate structures. Proper separation shall be provided as required by the California Building Code. Live-work units containing two thousand square feet of gross square feet or greater shall have a minimum of two exits as defined by the Uniform Building Code.

D. Occupancy. A live-work unit shall be occupied and used by the operator of the business on the site or at least one member of a household shall be the business operator. No portion of a live-work unit shall be rented or sold separately. Up to two persons may be employed within a live-work business who do not live on the site, unless more restrictive requirements are imposed as a condition of the plot plan review issued pursuant to Section 18.03.120.

E. Parking. Parking shall be provided on a live-work site based on the parking requirements in Table 18.11.050-A. Parking requirements for uses not specifically set forth in Table 18.11.050-A shall be based upon similar uses, or evidence of actual demand based on traffic engineering or planning data or as approved through the plot plan review process.

F. Building Sizes, Height and Setbacks. Structures constructed for the purpose of housing live-work occupancies shall conform to all building requirements of the zoning district.

G. Required Findings. Approval of a plot plan review for a live-work unit shall require the city to make the following findings in addition to the normally required findings as set forth in Section 18.03.120(C):

1. The proposed residential use of a property does not detract from the primary industrial or commercial use of the property or interrupt the continuity of businesses in an industrial or commercial area. (Ord. 753-2023 § 4 (Exh. A), 2023; Ord. 710-2016 § 3 (Exh. 2) (part), 2016)

Article III. Marijuana

18.09.300 Medical marijuana.

Repealed by Ord. 715-2017. (Ord. 701-2016 § 1, 2016)