Chapter 17.42
STANDARDS FOR SPECIFIC LAND USES

Sections:

17.42.010    Purpose and applicability.

17.42.015    Accessory retail and service uses – Reserved.

17.42.020    Agricultural accessory structures.

17.42.030    Alcoholic beverage sales.

17.42.040    Animal keeping.

17.42.045    Auto and vehicle sales.

17.42.050    Bed and breakfast inns (B&Bs).

17.42.060    Child day care facilities.

17.42.065    Condominium, stock cooperative, and other common interest projects.

17.42.070    Drive-through facilities.

17.42.071    Formula-based fast food restaurant.

17.42.072    Emergency/transitional shelters.

17.42.080    Home occupations.

17.42.090    Live/work units.

17.42.100    Mixed use projects.

17.42.110    Mobilehomes and mobilehome parks.

17.42.120    Multifamily and small lot single-family projects.

17.42.130    Outdoor displays and sales.

17.42.140    Outdoor storage.

17.42.150    Recycling facilities.

17.42.160    Residential accessory uses and structures.

17.42.165    Retail use maximum floor area.

17.42.170    Second units and carriage houses.

17.42.180    Service stations.

17.42.190    Windmills for electricity generation.

17.42.010 Purpose and applicability.

A. Purpose. This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Community and Project Design) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

B. Applicability. The land uses and activities covered by this chapter shall comply with the provisions of each section applicable to the specific use, in addition to all other applicable provisions of this land use code.

1. Where Allowed. Each use shall be located only where allowed by Article 2 (Community and Project Design).

2. Planning Permit Requirements. Each use shall be authorized by the planning permit required by Article 2, except where a planning permit requirement is established by this chapter for the specific use.

3. Development Standards. The standards for specific uses in this chapter supplement and are required in addition to all other applicable provisions of this land use code (e.g., Articles 2 (Community and Project Design) and 3 (Site Planning, Design, and Operational Standards), etc.).

a. The use tables in Chapter 17.22 of this title determine when the standards of this chapter apply to a specific land use.

b. In the event of any conflict between the requirements of this chapter and those of Article 2 or 3, the requirements of this chapter shall control. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.015 Accessory retail and service uses – Reserved.

(Ord. 766 § 2 Exh. A (part), 2004).

17.42.020 Agricultural accessory structures.

The following standards apply to agricultural accessory structures, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

A. Timing of Installation. An agricultural accessory structure shall only be constructed concurrent with or after the construction of a primary structure on the same site, unless:

1. The site is one acre or larger, and the proposed structure is a barn, or other structure used for confining animals and/or housing farm equipment or supplies, or a noncommercial greenhouse; or

2. Construction in advance of a primary structure is authorized through minor use permit approval.

B. Setback Requirements. An agricultural accessory structure shall comply with the setback requirements of the applicable zoning district, except where Section 17.42.040 (Animal keeping) establishes a greater setback requirement for an animal keeping structure.

C. Height Limits. An agricultural accessory structure shall be limited to a maximum height of twenty feet on a parcel of one acre or less, and twenty-eight feet on a parcel larger than one acre. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.030 Alcoholic beverage sales.

The following standards apply to alcoholic beverage sales, where allowed by Chapter 17.22 (Allowable Land Uses) of this title. These limitations on alcoholic beverage sales are intended to address potential problems including littering, loitering, public intoxication, and disturbances.

A. Location Requirements. Each new on- or off-sale liquor establishment shall be separated by a minimum of five hundred feet from any playground, public park, religious facility, school, and two hundred fifty feet from any other on- or off-sale liquor establishment. The distance shall be measured between the nearest entrances along the shortest route intended and available for public passage. These location and separation requirements shall not apply to restaurants where the alcoholic beverage control license allows customers under twenty-one years of age on the premises.

B. Operating Standards. Each on- or off-sale liquor establishment shall comply with all of the following standards at all times:

1. Complaints. The owner shall designate himself or herself, or one or more persons responsible for addressing complaints about operations and maintenance, and for responding to concerns of adjacent property owners and other members of the community. No liquor establishment shall have an unlisted phone number. Written notice of the designated person shall be on file with the city at all times.

2. Employee Training. All servers should, within ninety days of employment, complete an approved course in responsible beverage service training; including a review of pertinent state laws (e.g., Alcoholic Beverage Control (ABC) and Penal Code provisions) dealing with sale to minors; the effects of alcohol, including the impairment of driving skills; and methods of dealing with intoxicated customers and recognizing minors.

3. Laws. The establishment shall be maintained and operated in a manner that complies with all applicable laws, rules, and regulations.

4. Noise. Each establishment shall comply with the noise standards in Section 17.30.050 (Noise standards) of this title.

5. Nuisance. The establishment shall be maintained and operated in a manner that does not create or allow a public or private nuisance.

6. Operation. The establishment shall be maintained and operated in a manner that minimizes the congregation of individuals, littering, loitering, loud noise, on-site drunkenness, public urination, solicitation, and violence.

7. Permit Posting. A copy of the planning permit for alcohol sales shall be posted on the premises in a conspicuous place where it may be readily viewed by the public.

8. Telephones. Each public telephone located on an off-sale premises (or located in an adjacent area under the control of the off-sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone.

9. Trash. Off-sale establishments shall have litter and trash receptacles at convenient indoor and outdoor locations, and the operators shall remove trash and debris on a daily basis to an enclosed trash receptacle.

C. Conditions of Approval. In addition to ensuring compliance with the operating standards in subsection B of this section, the review authority may impose conditions on a use permit for alcohol sales that are reasonably calculated to mitigate adverse land use impacts that may otherwise occur as a result of operating a particular liquor establishment. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.040 Animal keeping.

Animal keeping within the city shall comply with requirements of this section, and shall occur only where allowed by Chapter 17.22 (Allowable Land Uses), and this section. The provisions of this section are intended to assist in maintaining the city’s semirural character while ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.

A. Pre-Existing Uses. Any legally established animal keeping use that became nonconforming upon adoption of this land use code shall be permitted to continue subject to Chapter 17.82 (Nonconforming Uses, Structures, and Parcels).

B. Allowable Animal-Keeping Activities and Permit Requirements.

1. Activities and Permit Requirements. Animal keeping, including related animal husbandry is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in subsection C of this section. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, in addition to any city approval required by this section.

 

Table 4-1

Allowable Animal-Keeping and Permit Requirements 

Type of Animal

Permit Requirement by Zoning District

OSC

RR

RVL

Other Zone Allowing Residential Use

Aviary (keeping of birds other than fowl or poultry)

P

P

P

Beekeeping (for plant pollination and/or honey production)

P

P

P

Boarding or breeding kennel

MUP

Chickens

P

P

P

P in NL district; zoning clearance letter required in NM, NU, and residential uses in all commercial districts

Dogs and cats

P

P

P

P

Fowl and poultry other than roosters and chickens

P

P

P

Hogs and swine

P

P

Horses and cows

P

P

MUP

Roosters

P

P

Other small animals (defined in Table 4-2)

P

P

P

P

Other large animals (defined in Table 4-2)

P

P

MUP

Key to permit requirements:

P

Permitted animal keeping, no city approval required for the animal-keeping activity; provided, that it complies with the standards in subsections C through G of this section.

MUP

Minor use permit approval required in compliance with Section 17.62.050.

Type of animal or activity not allowed.

2. Minor Use Permit Review. Where Table 4-1 requires a minor use permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this section without unreasonable effort on the part of the animal manager. In approving a minor use permit in compliance with this section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.

C. Animal-Keeping Standards. All animal keeping shall comply with the standards in Table 4-2, where allowed by subsection B of this section, Table 4-1, except that more animals may be allowed by minor use permit.

Table 4-2

Animal-Keeping Standards 

Type of Animal or Facility

Maximum Number of Animals per Site(1)

Minimum Lot Area(2)

Minimum Setbacks(3)

From Side/Rear Property Lines

From Streets and Dwellings

Aviary for birds other than fowl and poultry

20 per acre

1/2 acre

25 ft.

50 ft.

Beekeeping

N.A.

1 acre

25 ft.

50 ft.

Boarding or breeding kennel

Requirements established by minor use permit approval, and subsection F of this section.

Chickens

20 per site

No minimum lot size

12 ft.

20 ft.

Dogs and cats

5 animals total on a site less than 1 acre; 5 of each species on a site of 1 acre or more.

None required

None required

None required

Fowl and poultry other than roosters and chickens

12 per acre

1/2 acre

25 ft.

50 ft.

Hogs and swine

1 per acre

2 acres

50 ft.

100 ft.

Horses and cows

2 per acre

1 acre

25 ft.

50 ft.

Roosters

1 per acre

1 acre

25 ft.

50 ft.

Other small animals – Chinchillas, rabbits, nonpoisonous reptiles, rodents, and other nonpoisonous animals of similar size.

4 animals total on a site less than 1 acre; 4 of each species on a site of 1 acre or more, where allowed by Table 4-1.

None for 4 or fewer animals; 1 acre for 5 or more animals.

None on a site of less than 1 acre; 10 ft. on a site of 1 acre or more.

None on a site of less than 1 acre; 25 ft. on a site of 1 acre or more.

Other large animals – Emus, goats, llamas, miniature horses and donkeys, ostriches, pot belly pigs, sheep, and similar-sized animals.

4 per acre

1/2 acre

25 ft.

50 feet for accessory structure, none for pasture.

Notes:

(1)    Offspring allowed in addition to maximum number until market-ready; greater numbers of animals than allowed by Table 4-2 may be authorized by minor use permit.

(2)    Minimum lot area required for the keeping of animals.

(3)    Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Minimum setbacks from dwellings refers to dwellings located on other parcels. Animals shall not be kept in any required front yard setback except in pasture areas.

D. Maintenance and Operational Standards. All animal keeping shall comply with the following maintenance and operational standards:

1. Odor and Vector Control. All animal enclosures, including, but not limited to, pens, coops, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.

2. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

3. Waterway Protection. The keeping of horses, cattle, fowl, poultry, chickens, roosters, hogs, swine, or other large animals within fifty feet of any waterway shall require minor use permit approval. In addition to the other materials required for a minor use permit application, the applicant shall submit a plan for the protection of the waterway from the polluting effects of runoff from the animal-keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the review authority.

4. Erosion and Sedimentation Control. In no case shall an animal-keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

5. Noise Control. Animal keeping shall comply with the noise standards established by Section 17.30.050, Noise standards.

E. Animal Husbandry Projects. The keeping or raising of the other small animals listed in Table 4-2 as a 4-H or Future Farmers of America (FFA) project may be allowed with up to twenty-five animals in the RR, RVL, and NL zones subject to minor use permit approval, and compliance with the following requirements, in addition to those in Table 4-2.

1. Application Requirements. The minor use permit application shall include a written agreement of supervision by 4-H or FFA officials, that provides a detailed description of the method to be utilized to control odors and insects.

2. Setback Requirements. Any structures, cages, or shelters required for animal keeping shall not be located within a required front or street side setback, and be set back a minimum of five feet from side or rear property lines.

3. Maintenance. The animal keeping shall comply with all standards in subsection D of this section.

F. Kennels and Animal Boarding. Each kennel and other small animal boarding facility shall comply with the following standards:

1. Minimum Site Area. An animal boarding facility may be approved only on a parcel of two acres or larger.

2. Enclosure Within Building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.

3. Noise Control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.

4. Management. A manager of the facility shall be present on the site at all times.

G. Chickens. In addition to the requirements of this section, the keeping of chickens shall comply with the following standards:

1. Commercial Use Prohibited. Except where allowed by Section 17.22.020, Allowable land uses and planning permit requirements, the keeping of chickens shall be solely as an accessory use to a residential use.

2. Location in Multifamily and Commercial Zoning Districts. Enclosures, coops, cages, and shelters shall generally be located internally on a residential site, and shall not abut a commercially zoned property.

3. Butchering Prohibited. Butchering, slaughtering, or otherwise killing chickens shall be prohibited.

4. Nuisance Prohibited. Noise impacts, odor impacts, and valid vector complaints shall cause the chickens to be deemed a nuisance, and result in this use becoming prohibited at the subject site.

5. Private Common Area Signoff. Where chickens are proposed to be located in a private common area, the private governing organization (e.g., the homeowner’s association) shall provide written consent. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).

17.42.045 Auto and vehicle sales.

A. Where allowed by Chapter 17.22, Allowable Land Uses, the approval of a use permit for auto and vehicle sales may authorize the display of vehicles for sale between a sales office and the adjacent public street, instead of in compliance with the parking location requirement of Section 17.36.090(A).

B. No motor vehicle or other personal property shall be parked on private property for the purpose of displaying the vehicle or other personal property for sale, hire, or rental, unless the property is appropriately zoned, approved by the city for that use, and the person or business at that location is licensed to sell vehicles or other personal property. However, one automobile or truck, not exceeding one-ton capacity, owned by the owner, renter, or lessee of the property may be displayed for the purpose of sale for a maximum of one month. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.050 Bed and breakfast inns (B&Bs).

This section establishes standards for the development and operation of bed and breakfast inns (B&B), where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between the B&B and nearby residential uses.

A. Exterior Appearance. The exterior appearance of an existing structure housing the B&B in the RR or RVL zoning districts shall not be altered from its residential character except for allowed signs, and any structural modifications necessary to comply with California Code of Regulations Title 24. A new structure for a B&B shall require design review in compliance with Section 17.62.040 of this title, to ensure that the structure is designed consistent with the residential character of the surrounding neighborhood.

B. Limitation on Guest Rooms. A B&B shall be limited to five guest rooms.

C. Limitation on Services Provided. The services provided by a B&B shall be limited to the rental of bedrooms or suites. Meals and beverages shall be provided for registered guests only. Separate guest room kitchens are not allowed. A B&B within a residential zoning district shall not be used for receptions, private parties, or similar activities, unless the activities are specifically authorized by the use permit approval for the B&B.

D. Off-Street Parking. Off-street parking shall be provided at a ratio of one space for each guest room, plus two covered spaces for the on-site owner/manager of the B&B. Parking shall not be located in the required front and side setbacks; and any night lighting for the parking area shall be limited to the minimum number of fixtures and illumination levels necessary for safety, and shall comply with Section 17.30.060 (Outdoor lighting) of this title.

E. Signs. See Chapter 17.38 (Signs) of this title. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.060 Child day care facilities.

A. Applicability. Where allowed by Chapter 17.22 (Allowable Land Uses) of this title, child day care facilities shall comply with the standards of this section. These standards apply in addition to the other provisions of this land use code and requirements imposed by the California Department of Social Services (DSS). DSS licensing is required for all facilities.

B. Definitions. Definitions of the child day care facilities regulated by this section are in Article 9 (Glossary) under “Day Care, Child.”

C. Standards for Large Family Day Care Homes. As required by Health and Safety Code Section 1597.46 et seq., a large family day care home shall be approved if it complies with the following standards:

1. Location Requirements. In order to avoid the concentration of intensive, nonresidential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no large family day care home shall be located within three hundred feet of an existing large family day care home, or child day care center. In no case shall a residential property be directly abutted by a large family day care center on two or more sides.

2. Parking. A large family day care home shall be provided parking and drop-off areas as follows:

a. A minimum of two off-street parking spaces shall be provided in addition to those required by Section 17.36.050 (Number of parking spaces required) of this title, for the single-family dwelling. The driveway may be used to provide these spaces, if the driveway is of sufficient length to accommodate the parking of two vehicles without either blocking any sidewalk or other pedestrian access.

b. A home located on a site with no on-street parking immediately in front of the site shall provide two off-street parking spaces for drop-offs in addition to the spaces required by subsection (C)(2)(a) of this section.

c. A home located on a street with a speed limit of thirty miles per hour or greater shall provide two off-street parking spaces for drop-offs in addition to the spaces required by subsection (C)(2)(a) of this section, that are designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3. Outdoor Activity Areas.

a. Any side or rear setback areas intended for day care use shall be enclosed with a fence or wall to separate the children from neighboring properties.

b. Outdoor recreation equipment over eight feet in height shall not be located within a required side setback, and shall be set back a minimum of five feet from a rear property line.

4. Noise. Noise generated from the large family day care home shall not exceed the standards in Section 17.30.050 (Noise) of this title.

5. Additional Standards. Each large family day care home shall comply with applicable building and fire codes, and standards adopted by the state, and Social Services Department licensing requirements (California Code of Regulations, Title 22, Division 2).

D. Standards for Child Day Care Centers.

1. Fencing. Design review shall be required for any proposed fencing.

2. Parking and Loading.

a. Off-street parking shall be provided as required through the use permit process, but shall be a minimum of one space per employee on the largest shift.

b. Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.

3. Noise. Potential noise sources shall be identified during the use permit process, and noise attenuation and sound dampening shall be addressed. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.065 Condominium, stock cooperative, and other common interest projects.

A. Purpose. The city has determined that developments involving undivided interests in common areas, where owner associations are to assume the responsibilities of administering the common area, require special provisions to insure that problems characteristic of such developments are adequately dealt with. Those problem areas include:

1. Inadequate parking and storage due to long-term owner occupancy, as opposed to short-term rental occupancy;

2. The need to specify clear and complete management and maintenance responsibility;

3. The need for the association to have proper guidance in its early years;

4. The need to insure that conversion of apartments does not reduce number of rental units to an unacceptable level based on the vacancy factor;

5. The need to insure that the conversion of rental units to ownership units provides other amenities suitable to long-term owner occupancy; and

6. The need to insure that older buildings which are converted to common ownership comply with applicable current code requirements.

B. Applicability. Where allowed by this land use code, condominiums, condominium conversions, stock cooperatives, and common interest projects shall comply with the requirements of this section and, where applicable, of Article 7 (Subdivisions), including Section 17.74.030 (Condominiums and condominium conversions) of this title.

C. Limitation on New Condominium and Stock Cooperative Construction. As required by the citizen initiative adopted in the city on November 4, 1980 (the “Cotati affordable housing ordinance”), the construction of new condominium and stock cooperative units shall be limited as follows:

1. Maximum Allowable Number of Units. The number of residential building permits issued by the city for condominium and/or stock cooperative construction during any calendar year, shall not exceed ten percent of the total building permits issued for residential units in the previous calendar year, except as otherwise determined by the commission in compliance with subsection (C)(2) of this section.

2. Procedures for Allocation. The commission shall, from time-to-time, review the limitations on the maximum number of condominium and stock cooperative units allowed within the city during each calendar year, and may choose to change the limitations in subsection (C)(1) of this section. In its review, the commission shall consider relevant factors, including:

a. Housing affordability (to be defined in compliance with the standards employed by the California Department of Housing and Community Development);

b. Diversity of the housing stock;

c. Energy and cost efficiency;

d. Land density and scarcity; and

e. Overall compliance with the housing element and other provisions of the general plan.

D. Condominium Conversion Procedural Requirements. The conversion of existing rental units to condominium units shall comply with the following requirements:

1. Permit Requirement. Condominium conversion shall require use permit and design review approval, in addition to subdivision map approval in compliance with Section 17.74.030 (Condominiums and condominium conversion) of this title.

2. Application Requirements.

a. The applicant shall demonstrate to the satisfaction of the review authority that the conversion will not have a serious detrimental effect on the rental supply of the city. This determination shall take into account the existing vacancy rate, the supply of moderately priced single-family housing, and any other relevant factors of the housing market.

b. The application shall include information that demonstrates to the satisfaction of the review authority that the applicant has adequately planned for the needs of each tenant. The demonstration shall include a showing that at least two-thirds of the tenants are willing and able to purchase their units, and/or that those not desiring to purchase are adequately provided for by applicant’s provisions for assisting financially and otherwise with relocation in the Cotati area.

3. Compliance with Building Standards. Each converted unit shall be in substantial compliance with current building standards for condominiums, including current requirements for energy conservation, sound transmission control, and smoke detectors, prior to occupancy as an owner occupied unit. An application for design review shall include a report from the city building inspector detailing the condition of the units, and the actions (and estimated cost) needed to bring each unit into substantial compliance. Design review approval shall include acceptance, or acceptance with conditions, of the applicant’s plan to achieve substantial compliance.

4. Public Hearing Notice. Notice of hearings on a condominium conversion use permit, design review, and tentative map shall be delivered to each tenant within the project.

5. Required Findings. The approval of a condominium conversion shall require that the review authority first find the applicant and project comply with all applicable requirements of this section in addition to the findings required for use permit, design review, and tentative map approval.

E. Project Design and Construction Standards. The design and construction of new condominiums shall comply with the following requirements, and the standards for multifamily and small lot single-family projects in Section 17.42.120 of this chapter.

1. Interior Street Standards. Interior streets and access drives shall comply with the following standards:

a. A project with nineteen or fewer dwelling units shall have interior streets and drives that are a minimum of sixteen feet and a maximum of twenty-two feet wide, as determined by the review authority based on the number of units. No parking shall be allowed on the roadway.

b. A project with twenty or more dwelling units shall have interior streets and drives sized as follows:

i. Thirty-six feet where curb parking is allowed on both sides;

ii. Twenty-eight feet where curb parking is allowed only on one side;

iii. Twenty-eight feet where a series of adjacent parking bays are perpendicular to the line of traffic; and

iv. Twenty-four feet where no parking is allowed on or adjacent to the roadway.

c. The review authority may allow deviation from the above standards if the design review board finds an alternative arrangement to serve in the best interest of the project and neighborhood design.

2. Pedestrian Circulation. Each walkway shall have a minimum width of five feet.

3. Boat and Trailer Storage. All boats and travel trailers shall be stored only within areas specifically designated for storage on the approved plans. These areas shall be screened by fencing and/or landscaping.

4. Utility Meters. The consumption of gas, electricity and water within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility.

F. Requirements for CC&Rs. Each development that involves undivided interests in common areas, including any common improvements (e.g., landscaping, parking, parks, private streets, unaccepted public streets, etc.) shall establish maintenance and management provisions in the conditions, covenants, and restrictions (CC&Rs) for the project to ensure the ongoing success of the complex.

1. The CC&Rs shall contain specific provisions for the maintenance of the common areas such that those areas are kept in good condition and repair.

2. The CC&Rs shall include a stipulation that professional management shall be engaged to assist the owners association for the first two years of the association’s existence.

3. At the time the purchaser is presented with the documents required by Civil Code Section 1368, the purchaser shall also be presented with a listing of the estimated assessments to be imposed on the owners broken down into the various assessment categories, as required by the regulations of the California Department of Real Estate.

4. The CC&Rs shall contain a stipulation that the maintenance and management provisions required by this chapter may not be deleted or amended without the prior approval of the commission. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.070 Drive-through facilities.

This section establishes standards for the development and operation of drive-through facilities for the limited types of retail or service activities included under the definition of “drive-through retail or service” in Article 9 (Glossary), where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

A. General Standards.

1. Design Objectives. Drive-through facilities shall be designed and operated to mitigate problems of congestion, excessive pavement, litter, and noise.

2. Limitation on Location. A drive-through facility shall only be located to the rear of a building, and generally not visible from any public right-of-way.

B. On-Site Circulation Standards. A drive-through facility shall be provided internal circulation and traffic control as follows:

1. Aisle Design.

a. The entrance/exit of any drive aisle shall be a minimum of fifty feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least twenty-five feet from the edge of any driveway on an adjoining parcel.

b. Drive aisles shall be designed with a minimum ten-foot interior radius at curves and a minimum ten-foot width.

2. Stacking Area. A clearly identified area shall be provided for vehicles waiting for drive-up or drive-through service that is separated from other on-site traffic circulation on the site.

a. The stacking area shall accommodate a minimum of three cars for each drive-up or drive-through window in addition to the vehicle receiving service.

b. The stacking area shall be located at and before the service window (e.g., pharmacy, teller, etc.).

c. Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one side of the lane.

d. No stacking area shall be adjacent and parallel to a street or public right-of-way.

3. Walkways. A pedestrian walkway shall not intersect a drive-through aisle.

4. Exceptions. The review authority may approve alternatives to the requirements of subsections (B)(1) through (B)(3) of this section, where it first finds that the alternate design will, given the characteristics of the site, be equally effective in ensuring on- and off-site pedestrian and vehicular traffic safety and minimizing traffic congestion.

C. Signs. Each entrance to, and exit from, a drive-through aisle shall be clearly marked to show the direction of traffic flow by signs and pavement markings or raised curbs. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.071 Formula-based fast food restaurant.

Formula-based fast food restaurants shall comply with the requirements of this section and shall occur only where allowed by this section. The provisions of this section are intended to ensure the preservation of Cotati’s unique neighborhood community character and to retain a diverse economic and business establishment by restricting and/or prohibiting the establishment of formula-based fast food restaurants within certain zoning districts and areas of the city.

A. Limitations on Use.

1. Formula-Based Fast Food Restaurants Prohibited. Formula-based fast food restaurants are prohibited within the public facilities (PF) zoning district, commercial industrial (CI) zoning district, general industrial (IG) zoning district and within the downtown specific plan areas depicted in Figure 1.

Figure 1. Formula-Based Fast Food Restaurant Prohibition Area

2. Allowable Formula-Based Fast Food Restaurants and Permit Requirements.

a. Formula-based fast food restaurants meeting the formula-based fast food restaurant performance standards set forth in subsection B of this section are allowable in the following districts with a use permit as set forth in Section 17.62.050:

i. East Cotati Avenue Corridor (CE) zoning district;

ii. Gravenstein Highway Corridor (CG) zoning district; and

iii. Within the portions of La Plaza, Northern Gateway and Commerce Avenue planning areas of the downtown specific plan not depicted as prohibited area in Figure 1.

b. No use permit shall be granted for a formula-based fast food restaurant unless the review authority first:

i. Finds that the proposed use meets the formula-based fast food restaurant performance standards set forth in subsection B of this section;

ii. Makes the findings otherwise required for the issuance of a use permit as set forth in Section 17.62.050; and

iii. Finds that the project results in an equitable distribution of formula-based fast food restaurants within each of the commercial zoning districts as set forth in subsection (B)(2) of this section.

B. Formula-Based Fast Food Restaurant Performance Standards. No permit shall be issued for the establishment of a formula-based fast food restaurant, and it shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city the operation of a formula-based fast food restaurant, unless said establishment complies with the following performance standards:

1. No more than three of the same formula-based fast food restaurants shall be located within the city and shall be equally distributed within the three allowed districts as set forth in subsection (A)(2)(a) of this section (example: a Subway outlet in East Cotati Avenue Corridor (CE) zoning district; Gravenstein Highway Corridor (CG) zoning district; and allowable areas of the downtown specific plan). The “same” shall mean one hundred fifty or more formula-based fast food restaurants that share a “formula” (i.e., the same trademark, logo, service mark or other mutually identifying name or symbol, any standardized array of merchandise, or standard services, decor, color scheme, business methods, architecture, layout, uniform apparel, signage or similar, standardized feature);

2. A formula-based fast food restaurant shall only be established within the city if the total number of legally entitled formula-based fast food restaurants within the city does not exceed cap numbers within the commercial districts as follows:

District

Cap

Gravenstein Highway Corridor (CG)

4

East Cotati Avenue Corridor (CE)

3

Allowable areas of the downtown specific plan

4

3. No more than thirty percent of the leasable square footage of any building, structure or complex of structures with three or more tenants, operated jointly through common ownership, parking or other shared facilities shall be occupied by a formula-based fast food restaurant(s).

In addition, all formula-based fast food restaurants shall comply with all other requirements of the municipal code, including but not limited to:

Section 17.24.050(E)(1) – Formula Design Prohibited;

Section 17.62.040 – Design Review;

Section 17.42.070 – Drive-Through Facilities. (Ord. 842 § 2, 2013: Ord. 801 § 2, 2007).

17.42.072 Emergency/transitional shelters.

A. Limitation on Location. An emergency/transitional shelter may be established within the SPD, CE, or CG zoning district only on a site identified by the housing element of the general plan for that facility.

B. Permit Requirement. Where allowed by the housing element, an emergency/transitional shelter shall require a zoning clearance, and design review. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).

17.42.080 Home occupations.

The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Chapter 17.22 (Allowable Land Uses) of this title:

A. Business License Required. A home occupation shall require a city business license.

B. Limitations on Use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1. Uses Allowed as Home Occupations. The following and other uses determined by the director to be similar may be approved by the director in compliance with this section:

a. Art and craft work (ceramics, painting, photography, sculpture, etc.);

b. Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce;

c. Personal trainers and licensed massage therapy and physical therapy; and

d. Tailors, sewing.

2. Uses Prohibited as Home Occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a. Adult entertainment activities/businesses;

b. Animal hospitals and boarding facilities;

c. Auto and other vehicle sales, repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;

d. Commercial cabinet or furniture making, and similar uses;

e. Contractor’s and other storage yards;

f. Dismantling, junk, or scrap yards;

g. Fitness/health facilities, except those allowed under subsection (B)(1) of this section;

h. Medical clinics and laboratories;

i. On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;

j. Personal services as defined in Article 9 (Glossary), except those allowed under subsection (B)(1) of this section;

k. Transportation services, including ambulance, taxi, limousine, tow truck, etc.;

l. Uses which require explosives or highly combustible or toxic materials;

m. Welding and machine shop operations;

n. Wood cutting businesses; or

o. Other use the director determines to be similar to those listed above.

C. Operating Standards. Home occupations shall comply with all of the following operating standards:

1. Accessory Use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2. Location of Home Occupation Activities.

a. RR Zoning District. Allowed home occupation activities may be conducted within an approved accessory structure in the RR zoning district, provided that at least two covered parking spaces are continually maintained.

b. Other Zones. All home occupation activities shall be confined completely to one room within the primary dwelling, which shall not occupy more than twenty-five percent of the gross floor area of the ground level floor. Garages or other enclosed accessory structures shall not be used for home occupation purposes, except for the storage of incidental office supplies, and only if two covered parking spaces are continually maintained. Horticulture activities may be conducted outdoors, but only within the rear one-third of the site.

3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4. Signs. There shall be no signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6. Off-Site Effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.

7. Outdoor Display or Storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9. Client/Customer Visits. The home occupation shall be operated so as to not require more than twelve vehicle trips per day of clients, customers, and/or visitors to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of nine a.m. and eight p.m.

10. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliveries.

11. Motor Vehicles. The motor vehicles used or kept on the premises, except residents’ passenger vehicles, shall comply with the requirements of Section 17.36.130 (Commercial vehicles on private property) of this title.

12. Utility Service Modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.090 Live/work units.

A. Purpose. This section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Chapter 17.22 (Allowable Land Uses) of this title. A live/work unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this section do not apply to mixed use projects, which are instead subject to Section 17.42.100 (Mixed use projects) of this chapter.

B. Application Requirements for Re-use of an Existing Structure. In addition to the information and materials required for a use permit application by this land use code, a use permit application for a live/work unit in an existing structure shall include a Phase I environmental assessment for the site, including an expanded site investigation to determine whether lead-based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase I assessment shows potential health risks, a Phase 2 environmental assessment shall be prepared and submitted to the department in order to determine if remediation may be required.

C. Limitations on Use. The nonresidential component of a live/work project shall only be a use allowed within the applicable zoning district by Chapter 17.22 (Allowable Land Uses) of this title. A live/work unit shall not be established or used in conjunction with any of the following activities:

1. Adult businesses;

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

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

4. Welding, machining, or any open flame work; and

5. Any other activity or use, as determined by the director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

D. Residential Density. Live/work units shall not exceed a maximum density of fifteen units per acre. The affordable housing requirements and incentives of Chapter 17.32 of this title shall not apply to live/work units.

E. Occupancy Requirement. The residential space within a live/work unit shall be occupied by at least one individual employed in the business conducted within the live/work unit.

F. Design Standards.

1. Floor Area Requirements. The minimum net total floor area of a live/work unit shall be one thousand square feet. No more than thirty percent or four hundred square feet, whichever is greater, shall be reserved for living space as defined under “Live/Work Unit” in Article IX (Glossary). All floor area other than that reserved for living space shall be reserved and regularly used for working space.

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

3. Facilities for Commercial or Industrial Activities, Location. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. The street-fronting ground floor area of a live/work unit shall be used only for nonresidential purposes; the review authority may require a deed restriction to maintain this requirement.

4. Integration of Living and Working Space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated from the work space, as required by subsection (F)(3) of this section. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space, and shall have no exterior access except as required by the building code. See Figure 4-1.

Figure 4-1. Live/Work Arrangement Examples

5. Mixed Occupancy Structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the building official.

6. Parking. Each live/work unit shall be provided with at least two off-street parking spaces. The review authority may modify this requirement for the use of existing structures with limited parking.

7. Accessibility. The nonresidential portions of a live/work unit shall comply with all applicable provisions of the Americans with Disabilities Act (ADA).

G. Operating Requirements.

1. Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

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

3. On-Premises Sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

4. Nonresident Employees. The use permit approval may limit the number of employees who do not reside in the live/work unit on the basis of constrained parking or traffic conditions in the site vicinity. The number of employees shall be limited in compliance with building code and fire code requirements, based on the nonresidential floor area within the live/work unit.

5. Client and Customer Visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the use permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas.

H. Changes in Use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through use permit approval. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed, where two or more residential units already exist, or where the conversion would produce more than two attached residential units.

I. Required Findings. The approval of a use permit for a live/work unit shall require that the review authority first make all of the following findings, in addition to those findings required for use permit approval by Section 17.62.050 (Use permit and minor use permit) of this title:

1. The proposed use of each live/work unit is a bona fide commercial or industrial activity consistent with subsection C of this section;

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

3. The structure containing live/work units and each live/work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.100 Mixed use projects.

This section provides standards for the design of mixed use projects, where allowed by Chapter 17.22 (Allowable Land Uses) of this title. A mixed use project combines residential and nonresidential uses on the same site, with the residential units typically located above the nonresidential uses (vertical mixed use). Residential units may be also allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) only under the limited circumstances specified by this section.

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

1. The design shall provide for internal compatibility between the residential and nonresidential uses on the site;

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

3. The design shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts;

4. The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided;

5. Site planning and building design shall provide for convenient pedestrian access from the public street into the nonresidential portions of the project, through courtyards, plazas, walkways, or similar features;

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

B. Mix of Uses.

1. CG Zoning District. Within the CG zoning district, at least seventy-five percent of the floor area in each mixed use building shall be devoted to nonresidential use. This requirement is intended to allow mixed use projects within the CG zone, while ensuring that the city’s vacant commercial land resources are utilized primarily for commercial use.

2. Other Zoning Districts. Within other zoning districts, the floor area of the nonresidential portions of a mixed use project shall equal at least forty percent of the combined residential and nonresidential floor area on the entire site.

3. Allowable Nonresidential Uses. A mixed use project may combine residential uses with any other use allowed in the applicable zoning district by Article 2 (Community and Project Design) of this title, subject to the planning permit requirements of Article 2 for each use.

C. Density. The residential component of a mixed use project shall comply with the maximum and minimum density requirements of the applicable general plan designation and zoning district.

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

1. Location of Units. Residential units shall not occupy ground floor space within the first seventy-five feet of floor area measured from each building face adjacent to a public or private street.

Figure 4-2. Location of Residential in a Mixed Use Project

2. Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.36.080 (Reduction of parking requirements) of this title.

3. Loading Areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.

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

E. Performance Standards.

1. Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with Section 17.30.050 (Noise standards) of this title. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.110 Mobilehomes and mobilehome parks.

This section provides requirements and development standards for the use of mobilehomes as single-family dwellings outside of mobilehome parks, and for mobilehome parks, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

A. Mobilehome Outside of a Mobilehome Park.

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

2. Mobilehome Design and Construction Standards. A mobilehome outside of a mobilehome park shall comply with the following design and construction standards. A mobilehome that does not comply with these standards shall be allowed only within a mobilehome park.

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

b. The roof shall have eave and gable overhangs of not less than twelve inches measured from the vertical side of the mobilehome, and the roof pitch shall be no less than 5:12.

c. The mobilehome shall be placed on a foundation system, subject to the approval of the building official; and

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

B. Mobilehome Park Standards. The site for the mobilehome park shall comply with the following requirements, to ensure that each mobilehome park is designed and landscaped to be compatible with adjacent residential and other uses, and to be integrated with surrounding residential areas.

1. Permit Requirements. A mobilehome park shall require design review in compliance with Section 17.62.040 of this title, in addition to the use permit approval required by Chapter 17.22 (Allowable Land Uses) of this title.

2. Allowable Uses. A mobilehome park may include the following features, only where explicitly authorized by the use permit required for the park:

a. Accessory uses, limited to awnings, portable, demountable or permanent carports, fences or wind breaks, garages, porches, and storage cabinets;

b. A golf course, lake, park, playground, riding and hiking trails, equestrian facilities, other similar recreational structures and facilities, clubhouses, community centers, common laundry facilities, and accessory retail and service uses for park residents in compliance with Section 17.42.015 (Accessory retail and service uses) of this title, provided that all of these are:

i. Designed for and limited to use by residents of the mobilehome park and their guests; and

ii. Not allowed on the individual mobilehome lots within the mobilehome park.

c. Public utility and public service uses and structures.

3. Phased Development. Development may be in phases, so long as each phase complies with the minimum standards of this section, and no mobilehome is occupied in any phase until at least ten mobilehome lots are developed and improved on a minimum of two acres, and authorized by a permit for occupancy in compliance with Health and Safety Code Section 18505.

4. Standards. This section identifies standards for mobilehome park development, recognizing the dual need for moderately priced housing, and standards that will adequately protect residents of the parks and the city as a whole.

a. Density. The review authority shall determine the allowable density for each mobilehome park, based on the following criteria:

i. The provision of the space necessary for compliance with this section;

ii. Individual mobilehome lots shall be a minimum of two thousand four hundred square feet; and

iii. In no case shall the density of a mobilehome park exceed the maximum density of the general plan and zoning district designation for the subject site.

b. Setback Requirements. Each structure and mobilehome shall have a minimum setback of fifteen feet from all exterior property lines of the mobilehome park, and a minimum setback of twenty feet from the ultimate right-of-way of any street adjoining the mobilehome park. In cases where a greater building setback line has been established by ordinance, the greater building setback line shall be observed. The resultant setback area shall be landscaped and continually maintained, in compliance with Chapter 17.34 (Landscaping Standards) of this title.

c. Open Space. Common open space areas shall be provided within each mobilehome park at a ratio of six hundred square feet of open space per mobilehome.

d. Parking. Parking shall be provided in compliance with Chapter 17.36 (Parking and Loading) of this title.

e. Utilities. All utility distribution facilities (including cable television, communication and electric lines and boxes) within a mobilehome park shall be placed underground. The developer is responsible for complying with the requirements of this subsection, and shall make the necessary arrangements with the utility companies for the installation of the required facilities.

f. Tenant Storage. A minimum of one, seventy-five-cubic foot storage cabinet shall be provided on each mobilehome lot. Adequate solid waste and recyclable materials storage enclosures shall be provided in compliance with Section 17.30.090 (Solid waste/recyclable materials storage) of this title.

g. Travel Trailers. An occupied travel trailer, camper, motor coach, motor home, trailer coach, or any similar vehicle not certified under the National Mobile Home Construction Safety Standards Act of 1974 (42 USC Section 4401 et seq.) shall not be allowed within a mobilehome park. Unoccupied trailers and other recreational vehicles may be stored in an approved on-site storage area where authorized by use permit.

h. Fencing. A solid masonry wall, fence, or other decorative landscape screening of the maximum height allowed by this land use code shall be installed as and where required by the review authority as part of the use permit approval for the mobilehome park.

i. Landscaping. Landscaping shall be provided in compliance with Chapter 17.34 (Landscaping Standards) of this title.

j. Signs. Signs shall comply Chapter 17.38 (Signs) of this title. The sign shall be integrated into the mobilehome park landscaping, at a location specified in the use permit approval.

k. Skirting. Skirting shall be provided along all sides of each mobilehome.

l. Internal Streets. Internal street design shall comply with the city standard for neighborhood streets in Chapter 17.26 (Street and Streetscape Standards), except where superseded by a standard required by state law. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.120 Multifamily and small lot single-family projects.

New or remodeled multifamily projects, and subdivisions of detached single-family homes on parcels smaller than four thousand square feet, shall comply with the standards of this section, where allowed by Chapter 17.22 (Allowable Land Uses) of this title. For the purposes of this section, the term “remodeled” means the reconstruction or remodeling of at least fifty percent of the gross floor area of the original structure.

A. Limitation on Use – NL District. A multifamily project allowed by Chapter 17.22 (Allowable Land Uses) of this title within the NL zoning district may be approved only on a corner parcel of at least ten thousand square feet.

B. Accessibility. A multifamily project of five or more units shall be designed and constructed so that a minimum of ten percent of the units are one-story, and shall include features to provide for disabled accessibility, including wide doors, grab bars, etc., as determined by the review authority.

C. Accessory Structure Design. Accessory structures and uses (e.g., bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors and materials similar to the structures in the project containing dwelling units.

D. Building Facades Adjacent to Streets. A multifamily project of three or more dwellings shall be designed so that at least seventy-five percent of the length of the facade of each building adjacent to a public street is occupied by habitable space with windows. Each facade adjacent to a street shall have at least one pedestrian entry into the structure.

E. Front Setback Pavement. No more than forty percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

F. Parking Location. Off-street parking for a multifamily structure of three or more units shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel. A garage providing parking for a duplex or small-lot detached unit may be located in compliance with the following standards, in addition to the requirements of Chapter 17.36 (Parking and Loading) of this title.

1. Front Setback. A garage shall be set back from the front property line at least ten feet further than the front facade of the dwelling, to reduce visual impact from the street.

2. Side Setback. A garage shall be set back a minimum of five feet from side property lines, except that the review authority may authorize a zero side setback abutting a property line where the adjacent property owner has granted a maintenance easement, provided that the garage is located at least eight feet from the opposite side property line, and the maintenance easement is first reviewed and approved by the city.

3. Rear Setback. A garage shall be set back a minimum of five feet from a rear property line.

4. Facade Width, Parking Orientation. The front facade of a garage shall not exceed a width of twenty-five feet.

G. Open Space. Each multifamily residential project shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space), in addition to required setback areas, except where the review authority determines that existing public park or other usable public open space is within convenient walking distance, or that the residential units are part of a vertical mixed use project and located in the CD, CE, CG, or NU zoning districts.

1. Area Required. Private and common open space shall be provided as required by Table 4-3, in addition to the setback areas required by the applicable zoning district.

 

Table 4-3

Multifamily Project Open Space Requirements

Project Size

Minimum Common Open Space Required

Minimum Private Open Space Required

2 units

None, other than required setbacks

3 or 4 units

200 sq. ft.

 

5 to 10 units

500 sq. ft.

150 sq. ft. for each unit

11 to 30 units

1,000 sq. ft.

 

31 and more units

2,000 sq. ft., plus an additional 65 sq. ft. for each unit over 31

 

2. Configuration of Open Space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Chapter 17.34 (Landscaping Standards) of this title:

a. Common Open Space. Required common open space shall be: easily accessible; continuous; usable; separated from parking areas; safe and secure. Each common open space area shall have a minimum dimension of twenty feet.

b. Private Open Space. Private open space shall be at the same elevation as, and immediately accessible from within the unit. All dimensions of each private open space area shall be a minimum of ten feet.

The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.

3. Maintenance and Control of Common Open Space. Required common open space shall be controlled and permanently maintained by a Home Owners Association (HOA). Provisions for control and maintenance shall be included in property covenants of all common interest developments.

H. Indoor Recreation Area. An indoor recreation area of at least one thousand square feet is required for all multifamily projects of thirty units or more. Area occupied by other common indoor facilities, such as saunas and swimming pools, may count toward compliance with the outdoor common open space area requirements of subsection F of this section.

I. Outdoor Lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 17.30.060 (Outdoor lighting) of this title. The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least one footcandle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency. All proposed lighting shall be shown on the required landscape plan.

J. Storage. A minimum of one hundred cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than thirty inches.

K. Laundry Facilities. Each multifamily and small lot single-family dwelling shall be provided an individual laundry area within the unit or its garage, of sufficient size to accommodate a clothes washer and dryer, except that a multifamily project of five or more units may be designed to provide common laundry facilities as approved by the review authority. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area.

L. Window Orientation. Where one or more windows are proposed ten feet or less from a side lot line, or ten feet from another residential structure on the same site, the windows shall located and/or screened to provide privacy for the residents of both structures to the maximum extent feasible. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.130 Outdoor displays and sales.

A. Applicability. The provisions of this section apply to temporary and permanent facilities for outdoor display, sales (e.g., garden nurseries, lumber yards, news and flower stands, and similar uses where merchandise is displayed for sale), and outdoor eating areas, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

B. Temporary Outdoor Displays and Sales. See Section 17.62.030 (Limited term permit) of this title.

C. Permanent Outdoor Displays and Sales. The permanent outdoor display and sale of merchandise shall comply with the following standards:

1. The outdoor display of merchandise shall not exceed a height of six feet above natural grade, unless a greater height is allowed through use permit approval.

2. Outdoor display and sales areas shall not encroach into required setback areas or the public right-of-way. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of ten feet from adjoining property lines unless otherwise allowed through use permit approval.

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

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

5. The review authority may require that outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

6. An outdoor display or sales area shall not entitle a site to additional signs, beyond those normally allowed by Chapter 17.38 (Signs) of this title.

D. News and Flower Stands.

1. Location Requirements. A news or flower stand shall:

a. Be located parallel and abutting the wall of a structure. A freestanding news or flower stand is allowed only as a roofed kiosk;

b. In the case of a privately owned stand, not be located within the public right-of-way, within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes.

2. Design and Construction Requirements.

a. A stand shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures whether the stand is opened or closed. Security doors shall be designed as an integral part of the structure.

b. Shelving shall not exceed eight feet in height nor two feet in depth.

3. Maintenance. The news and flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

4. Signs. Signs shall comply with Chapter 17.38 (Signs) of this title. The owner or operator of the outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owner may be reached.

5. Additional Product Sales. A news or flower stand may sell other related accessory products, not to exceed ten percent of the total merchandise displayed.

6. Hours of Operation. The hours of operation of a news or flower stand shall be determined through minor use permit approval.

E. Outdoor Dining Areas.

1. An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site; provided, the outdoor eating area shall also comply with the parking requirements of Section 17.36.040 of this title for restaurants.

2. An outdoor eating area within the public right-of-way shall require a license agreement/permit approval by the director. The facility shall use only city-approved furniture and enclosures.

3. Signs shall comply with Chapter 17.38 (Signs) of this title.

F. Produce Stands. A produce stand shall not exceed a total floor area of four hundred square feet. (Ord. 812 § 2, 2007; Ord. 766 § 2 Exh. A (part), 2004).

17.42.140 Outdoor storage.

An outdoor storage or work area shall comply with the following requirements, where allowed by Chapter 17.22 (Allowable Land Uses) of this title:

A. Enclosure and Screening Required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet.

B. Maximum Height of Stored Materials. The materials within the storage area shall not be higher than the fence, except where authorized by the use permit for the storage area.

C. Landscaped Setback. Where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zoning district, and the set back area shall be landscaped subject to the approval of the review authority, and in compliance with Chapter 17.34 (Landscaping Standards) of this title. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.150 Recycling facilities.

This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

A. Reverse Vending Machines. Reverse vending machines shall comply with the following standards:

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

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

3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. The sign area shall be subject to the overall site sign area limitations in Section 17.38.060 (Zoning district sign standards) of this title.

4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined within the boundaries of the site.

B. Small or Medium Collection Facility. A small or medium collection facility shall comply with the following standards:

1. Location Requirements. A small collection facility shall:

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

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

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

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

4. Operating Standards for Small Collection Facilities. Small collection facilities shall:

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

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

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

d. Be screened where the review authority determines that the collection facility will be visible from a public street.

5. Signs. Signs shall comply with Chapter 17.38 (Signs) of this title.

6. Parking Requirements.

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

b. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the review authority, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.160 Residential accessory uses and structures.

This section provides standards for residential accessory uses and structures, where allowed by Chapter 17.22 (Allowable Land Uses) of this title. These requirements do not apply to residential second units, which are instead regulated by Section 17.42.170 (Second units and carriage houses) of this chapter.

A. Limitation on Number. Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage, except in the RR and RVL zoning districts.

B. Relationship to Primary Use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

C. Timing of Installation. A residential accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site, unless:

1. The site is within the RR zoning district, is one acre or larger, and the proposed accessory structure is a garage; or

2. Construction in advance of a primary structure is authorized through minor use permit approval.

D. Attached Structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including height limits, site coverage, and build-to-lines; and shall also comply with any applicable requirements of subsection F of this section.

E. Detached Structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where subsection F of this section establishes a different requirement for a specific type of accessory structure:

1. Setbacks.

a. Front Setback. An accessory structure shall not be located within a required front setback.

b. Side and Rear Setbacks. An accessory structure with a height of ten feet or less shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than ten feet shall comply with the setback requirements of the applicable zoning district.

c. Separation Between Structures. An accessory structure shall maintain at least a five-foot separation from other accessory structures and the primary dwelling unit.

d. Double-Frontage Lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot, unless it is setback at least seventy-five feet from any street lot line.

e. Reverse Corner Lot. On a reverse corner lot that abuts a key lot, no accessory structure shall be nearer the street than a distance equal to the depth of the front setback required for the key lot. See Figure 4-3.

Figure 4-3. Accessory Structure Setback, Reverse Corner Lot

2. Height Limit. The height of an accessory structure other than a detached garage shall not exceed twelve feet, except where a greater height is authorized through minor use permit approval.

3. Coverage and Size Limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed five hundred square feet. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

F. Standards for Specific Accessory Uses and Structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of subsection A of this section, as applicable.

1. Antennas. Antennas shall comply with the requirements of Chapter 17.44 (Telecommunications Facilities) of this title.

2. Garages and Carports. A garage, carport, or other structure that shelters vehicles accessory to for a single-family dwelling in the RR, RVL, NL, NM, or NU zoning districts shall comply with the following requirements. Covered parking for a multifamily project shall instead comply with the requirements of Section 17.42.120 (Multifamily and small lot single-family projects) of this chapter:

a. Limitation on Number. Except in the RR and RVL zoning districts, a single parcel shall have only one attached or detached garage or carport.

b. Setback Requirements.

i. Front Setback. A garage or carport shall comply with the garage front setback requirements of the applicable zoning district.

ii. Side Setbacks. A garage or carport shall be set back a minimum of five feet from side property lines, except that the review authority may authorize a zero side setback for a garage abutting a property line where the adjacent property owner has granted a maintenance easement, provided that the garage is located at least eight feet from the opposite side property line, and the maintenance easement is first reviewed and approved by the city.

iii. Rear Setback. An attached garage or carport shall comply with the rear setback requirements of the applicable zoning district. A detached garage or carport shall be set back a minimum of five feet from the rear property line where vehicles access the garage or carport from the front of the lot, and shall be located a minimum of twenty-five feet from the opposite side of the alley where accessed from an alley.

c. Facade Width. The facade of any garage, or carport opening facing a street shall not exceed a width of twenty-five feet.

d. Design. Each garage, carport or other structure used to shelter vehicle parking space shall be of the same architectural style and use the same exterior materials as the primary dwelling. No temporary or portable structure for sheltering a parked vehicle shall be allowed.

3. Greenhouses. An accessory greenhouse may occupy up to four hundred square feet for each dwelling unit in the RVL, NL, NM, and NU zoning districts; and one thousand square feet or five percent of the parcel area, whichever is smaller, in the RR zoning district.

4. Guesthouses. Guesthouses shall comply with the requirements for second units in Section 17.42.170 of this chapter.

5. Patio Covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:

a. The five-foot separation from the primary dwelling unit required by subsection (E)(1)(c) of this section does not apply;

b. The structure shall comply with the coverage and size limitations of subsection (E)(3) of this section; and

c. No part of the patio cover shall be closer than ten feet to a property line.

6. Swimming Pools. Noncommercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:

a. Setbacks. No swimming pool shall be located within a required front or side setback, or within ten feet of a property line; and

b. Fence or Wall. No swimming pool shall be located within three feet of a fence or wall.

7. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use shall comply with the following requirements:

a. Setbacks. No court shall be located within a required setback, or within ten feet of any property line; and

b. Fencing. Court fencing shall comply with Section 17.30.030 (Fences, Walls, and Screening) of this title; and

c. Lighting. Court lighting shall require minor use permit approval, and shall not exceed a maximum height of twenty feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall comply with Section 17.30.060 (Outdoor lighting) of this title.

8. Workshops or Studios. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, or hobbies, is subject to the following standards when located in a RR, RVL, NL, NM, or NU zoning districts:

a. Limitation on Use. The use of an accessory structure as a studio shall be limited to: noncommercial hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory workshop for any commercial activity shall comply with Section 17.42.080 (Home occupations) of this chapter; and

b. Floor Area. A workshop shall not occupy an area larger than twenty-five percent of the gross floor area of the primary structure; except that where a workshop is combined with a garage, see subsection (F)(2) of this section. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.165 Retail use maximum floor area.

In all commercial districts or other districts allowing commercial retail uses, no commercial retail use, or combination of uses, shall occupy more than forty-three thousand square feet of any gross floor area. For the purposes of this section, “retail” means the retail sale of any article, substance, or commodity for profit or livelihood, but does not include any business, the primary purpose of which is to provide entertainment. For the purposes of this section, “retail use” includes associated warehouse, storage, preparation office, and mezzanine areas. For the purposes of this section, “gross floor area” of a commercial retail use includes all retail uses included within a single structure, including areas adjoined by interior walls with interior doors or openings, but does not include areas separated by interior walls without doors or openings and with separate exterior entrances. In order to protect the economic vitality of the city, this section shall not apply to any property which is currently zoned or may be zoned in the future for commercial retail use, and which is located as shown in Figure 4-4.

Figure 4-4. Area Not Subject to Section 17.42.165

(Ord. 766 § 2 Exh. A (part), 2004).

17.42.170 Second units and carriage houses.

This section establishes standards for residential second units and carriage houses, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

A. Limitation on Number of Units. No more than one second unit or carriage house is allowed on a single parcel.

B. Minimum Site Area. A parcel proposed for a second unit or carriage house shall be a minimum of seven thousand five hundred square feet; provided that a carriage house may be allowed above a garage on a parcel of at least five thousand square feet where the garage is accessed from an alley.

C. Relationship to primary use.

1. Size, Style. A second unit or carriage house shall be incidental and subordinate to the primary single-family residential use of the site in terms of size, location, and appearance, and shall not alter the character of the primary structure. The architectural style, exterior materials, and colors of the second unit or carriage house shall be compatible with the primary dwelling unit.

2. Timing of Construction. A second unit or carriage house may be constructed simultaneously with or after the primary dwelling. In addition, an existing dwelling that complies with the design standards for second units in subsection E of this section may be considered a second unit, and a new primary unit may be constructed which would then be considered the primary dwelling unit.

D. Second Unit Design Standards. A second unit shall be designed to comply with the following standards:

1. Location of Second Unit. A second unit shall be located to the rear of the rear facade line of the primary dwelling; except that a second unit on a parcel of twenty thousand square feet or more, or on a parcel with its street frontage width exceeding the parcel depth, may be located so that its front facade is a minimum of twenty feet to the rear of the front facade of the primary dwelling (see Figure 4-5).

Figure 4-5. Location of Second Unit

2. Height Limit. A second unit shall be limited to twenty feet; except that in an RR or RVL zoning district, where the second unit is set back a minimum of twenty-five feet from all property lines, the second unit shall comply with the height limits of the applicable zoning district.

3. Maximum Floor Area.

a. The floor area of a second unit shall not exceed forty percent of the floor area of the primary dwelling or the following, whichever is less:

Lot Size

Maximum 2nd Unit Floor Area

5,000 sq. ft., but less than 8,000 sq. ft.

500 sq. ft.

8,000 sq. ft., but less than 10,000 sq. ft.

650 sq. ft.

10,000 sq. ft., but less than 15,000 sq. ft.

750 sq. ft.

15,000 sq. ft. or larger

900 sq. ft.

b. For purposes of computing the floor area of a second unit that is detached from the primary dwelling unit, all enclosed areas accessed from within the second unit shall be included; but an enclosed storage area, or garage of up to four hundred square feet, shall not be included if there is no internal doorway or passage between the storage or garage and the second unit.

4. Number of Bedrooms. A second unit shall have a maximum of two bedrooms.

5. Separate Entrance Required. The entrance to an attached second unit shall be separate from the entrance to the primary dwelling.

6. Window Placement. A second unit that is placed fifteen feet or less from a residential unit on the same parcel or an adjacent parcel shall not have windows that directly face windows in the other unit.

E. Carriage House Design Standards. The design of a carriage house shall comply with the following standards, in addition to the other applicable provisions of this section.

1. Maximum Floor Area. The total habitable floor area of a carriage house shall not exceed six hundred forty square feet.

2. Setbacks. A carriage house shall be located to the rear of the primary dwelling on the parcel, and shall comply with the following setback requirements:

a. Rear Setback. A carriage house shall be set back a minimum of twenty feet from a rear property line, except that the minimum setback shall be five feet adjacent to an alley.

b. Allowed Projections into Setbacks. Balconies and bay windows may extend up to five feet into the rear setback or separation from the primary dwelling.

F. Off-street Parking Requirements. At least one off-street paved parking space shall be provided for a second unit or carriage house in addition to the parking required for the primary dwelling by Chapter 17.36 (Parking and Loading) of this title. The parking space shall comply with the location and design requirements of Chapter 17.36.

G. Rental of Unit. The rental of a second unit is allowed, but not required. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.180 Service stations.

This section establishes standards for the development and operation of motor vehicle service stations, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

A. Permit and Application Requirements. A service station shall require design review in compliance with Section 17.62.040, in addition to the planning approval required by Chapter 17.22 (Allowable Land Uses) of this title. Each application for a new or remodeled service station shall include a photometric plan identifying all proposed light sources and their illumination levels, to assist in evaluating compliance with the outdoor lighting requirements of subsection (D)(5) of this section and Section 17.30.060 (Outdoor lighting) of this title. The city may require an applicant to pay the cost for a lighting consultant engaged by the city to evaluate photometric plans and recommend alternatives to proposed lighting.

B. Limitations on Location.

1. Prohibited Locations. A service station site shall not abut a residential zoning district or residential use. A service station shall not be established within three hundred fifty feet of an existing museum, park, playground, school, or similar use as determined by the review authority.

2. Separation Between Stations. A service station shall not be closer than five hundred feet to another service station except when both are at the same street intersection. The distance shall be measured in a straight line from the nearest property line of the sites for each service station. No more than two service stations shall be located at the same street intersection.

C. Site Requirements. A site proposed for new service station shall:

1. Be located on an arterial street on a site with a minimum of one hundred fifty feet of frontage; and

2. Have a minimum area of fifteen thousand square feet and a minimum depth of one hundred feet.

The review authority may allow a service station on a site that does not comply with the above requirements if the review authority determines that the exception will improve traffic circulation or reduce traffic. Approval of the exception shall also require that the review authority first find that the service station is effectively integrated into the architecture and design of the overall retail complex.

D. Site Planning Standards. The layout of a service station site and its site features shall comply with the following standards:

1. Site Access and Driveways.

a. Curb cuts for service station driveways shall be separated by a minimum of thirty feet from edge-to-edge.

b. A driveway shall not be located closer than fifty feet to the end of a curb corner nor closer than twenty-five feet to an interior property line.

c. The width of a driveway shall not exceed twenty-five feet, measured at the sidewalk.

d. Each pump island shall be provided a stacking area that can accommodate a minimum of three waiting vehicles.

2. Setback Requirements.

a. Pump islands shall be located a minimum of fifteen feet from any property line to the nearest edge of the pump island.

b. A canopy or roof structure over a pump island shall be a minimum of ten feet from any property line.

3. Pavement. A service station site shall be paved with a permanent surface of concrete or asphalt material and shall contain drainage facilities in compliance with all federal, state, and local laws, rules, and regulations. Any unpaved portion of the site shall be landscaped and separated from the paved area by curbs or other barrier approved as part of the design review for the site.

4. Landscaping. Landscaping, consisting of trees, ground cover, shrubs, vines, and/or other plant materials approved by the review authority shall be installed, permanently maintained and, if necessary, replaced, in compliance with the following standards, and the requirements of Chapter 17.34 (Landscaping Standards) of this title:

a. A minimum of fifteen percent of the entire site shall be landscaped.

b. Landscaping is required along all property lines abutting streets, except for driveways, shall have a minimum width of eight feet, and shall be separated from abutting vehicular areas by a wall or curbing at least six inches higher than the abutting pavement.

c. A corner site shall be provided a planter area of at least two hundred square feet at the street corner, except where a building is located at the corner.

d. Additional landscaping may be required by the review authority to screen the service station from adjacent properties.

e. All landscaping on the site shall be placed and maintained to provide safe sight distances for pedestrians and drivers.

5. Lighting. Exterior lights, including canopy, perimeter, and flood shall be stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 17.30.060 (Outdoor lighting) of this title. Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency.

6. Signs and Banners. Signs, banners, and promotional flags shall comply with Chapter 17.38 (Signs) of this title.

7. Solid Waste and Recyclables Storage. The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable federal, state, and local requirements. Outdoor solid waste and recyclable storage areas and shall be screened by a solid masonry wall with a height of six feet, or as approved by the review authority. The wall design, materials, and colors shall be compatible with the primary structures on the site, as determined by the review authority.

E. Building Design Standards.

1. Architectural Character. Subject to the requirements of design review, service station architecture shall fit with the existing or intended character of the surrounding area as determined by the review authority.

2. Restrooms. Each service station shall maintain one or more restrooms available for use by the general public without charge. Restroom entrances shall be screened from the view of the public right-of-way.

F. Facility Operating Standards.

1. Restriction on Outdoor Activities. Outdoor activities on a service station site shall be limited to fueling, replenishing air, water, oil and similar fluids, and the replacement of minor parts (e.g., lamp bulbs, wiper blades, and other similar items) requiring only the use of small hand tools while a vehicle is being serviced at the pump island. Where minor auto repair is permitted by Article 2, all repair activities shall occur entirely within an enclosed structure.

2. Outdoor Display or Storage. There shall be no outdoor display and/or storage of equipment or merchandise. No outdoor vending machines are allowed.

3. Vehicle Parking. Vehicles shall not be parked on sidewalks, parkways, driveways, or alleys, and shall not be parked on the premises for the purpose of sale.

G. Accessory Uses.

1. Tow Truck Operations. Where tow truck operations are approved as part of a service station by the review authority, no abandoned, disabled, junked, wrecked, or otherwise nonoperational motor vehicles shall remain on the site for more than five days, and shall at all times be stored entirely within an enclosed structure.

2. Convenience Sales – Parking. Where a service station is approved with a convenience store, the convenience store shall be provided off-street parking and shall be provided in compliance with Chapter 17.36 (Parking and Loading) of this title.

3. Prohibited Uses. The following uses are prohibited:

a. The rental, sale, or storage of garden supplies, tools, trailers, travel trailers, vehicles, and other similar materials and merchandise, except the short-term storage of vehicles allowed in compliance with subsection (G)(1) of this section;

b. Incidental uses such as pinball or video game machines, pool tables, or laundry facilities.

H. Removal of Tanks Upon Cessation or Change of Use. If, for any reason, a service station ceases to sell gasoline for more than one hundred fifteen out of one hundred twenty days, all gasoline pumps and signs shall be removed from the site and all gasoline storage tanks shall be removed or treated in compliance with federal and state regulations, subject to the approval of the Rancho Adobe Fire Protection District. (Ord. 766 § 2 Exh. A (part), 2004).

17.42.190 Windmills for electricity generation.

Where allowed by Chapter 17.22 (Allowable Land Uses) of this title, a windmill proposed for the generation of electricity, hereafter referred to as a “windmill,” shall comply with the requirements of this section.

A. Application Requirements. The use permit application shall include all information and materials required by Section 17.62.050 of this title, and the following:

1. Standard drawings and an engineering analysis of the system’s tower, showing compliance with the Uniform Building Code (UBC), 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 (UBC Seismic 4), 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 the system will not be connected to the electricity grid;

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

B. Minimum Site Area. A windmill shall only be located on a parcel of one acre or larger.

C. Limitations on Location. No more than one windmill shall be approved on a single parcel, or closer than five hundred feet from another windmill.

D. Windmill Design Standards.

1. Setback Requirements. A windmill shall not be located closer to a property line than the height of the windmill (the distance from the ground to the topmost point of the windmill blades.

2. Height Limit. A windmill tower shall not exceed the maximum height allowed by the applicable zoning district.

3. Windmill 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.

E. Noise Standards. A windmill shall be designed, installed, and operated so that noise generated by the system shall not exceed the lesser of sixty decibels (dBA), or the maximum noise levels established by Section 17.30.050 (Noise standards) of this title, for the applicable zoning district, as measured at the property line, except during short-term events including utility outages and severe wind storms.

F. Required Findings for Approval. The approval of a use permit for a windmill shall require that the review authority first find that the location and design of the windmill will not produce excessive visual impact or cause the windmill to be the dominant visual feature on a ridgeline when viewed from a public right-of-way, in addition to the findings required for use permit approval by Section 17.62.050 of this title. (Ord. 766 § 2 Exh. A (part), 2004).