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 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.

17.42.125    Cottage housing 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    Accessory dwelling units/junior accessory dwelling units.

17.42.180    Service stations.

17.42.190    Windmills for electricity generation.

17.42.200    Commercial cannabis uses and requirements.

17.42.210    Personal and medical cannabis cultivation.

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. Where a use permit is required under this chapter, 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. Where a use permit is required under this chapter, in order to ensure 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. 895 § 2(A) Exh. 2 (part), 2020: 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

 

Table 4-1

Allowable Animal-Keeping and Permit Requirements (Continued)

Type of Animal

Permit Requirement by Zoning District

OSC

RR

RVL

Other Zone Allowing Residential Use

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 shelters.

A. Limitation on Location. An emergency shelter may be established within the SPD, CE, or CG zoning districts.

B. Permit Requirement. Construction of a new structure or exterior modification of an existing structure for an emergency shelter in the CE and CG zoning districts shall be subject to a ministerial design review process. The director will review the design and site plan to ensure compliance with the design and site development review criteria established under Section 17.62.040.

C. Permit Requirement – Downtown Specific Plan. An emergency shelter may be established within an existing meeting facility use of the downtown specific plan, subject to the permit requirements and standards of the downtown specific plan and the standards identified in this section.

D. Development Standards. Except as otherwise set forth in this section, all emergency shelters shall comply with the land use regulations for the zoning district in which the emergency shelter will be located.

E. Standards. An emergency shelter shall comply with the following standards:

1. Occupancy. The maximum number of beds or persons permitted to be served nightly by an emergency shelter, or any combination of emergency shelters in the city, shall not exceed twenty persons.

2. Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

3. Location. No emergency shelter shall be located within three hundred feet of another emergency or homeless shelter.

4. Management Plan. Prior to the director’s decision, the operator of the emergency shelter must submit to the community development department a written management plan. As a minimum, the management plan shall include and address the following:

a. Procedures for staff training to meet the needs of the shelter residents, and have processes to address the following topics: client intake, confidentiality, health and safety training, mental health, and substance abuse treatment and referrals;

b. Operational rules and standards of conduct for residents, including policies prohibiting the use or possession of controlled substances by residents, rules concerning the use or possession of alcohol, curfew, prohibition of loitering, and any other provisions necessary to ensure compatibility with surrounding uses;

c. Policies and procedures for eviction from the facility for violation of rules and standards of conduct;

d. A detailed safety and security plan to protect shelter residents and surrounding uses;

e. A process for resident screening and identification;

f. Provisions for on-site or partnerships with off-site organizations to provide job training, counseling, and treatment programs for the residents;

g. Services to assist residents with obtaining permanent shelter and income;

h. If applicable, timing and placement of outdoor activities;

i. Location within the facility for temporary storage of residents’ personal belongings;

j. Provisions for continuous on-site supervision during hours of operation. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, seven a.m. to nine p.m., and a minimum of two staff people at the facility during nighttime hours, nine p.m. to seven a.m.;

k. If applicable, procedures for ensuring safety and security of women and children within the facility;

l. The exterior of the building must be kept in a good state of repair and the exterior finish and landscaping must be kept clean and well maintained. Each site shall be kept in a neat and orderly manner, free of weeds, loose trash, debris and other litter, including but not limited to shopping carts;

m. Organized outdoor activities on the site may only be conducted between the hours of eight a.m. and nine p.m.;

n. Employees, partners, directors, officers, managers and similar persons shall be screened prior to occupancy to confirm that they have no history of a previously failed emergency shelter (or similar facility) due to the fault of the operator, and have not been convicted of any of the following offenses within the prior five years:

i. A crime requiring registration under Penal Code Section 290;

ii. A violation of Penal Code Sections 311.2 or 311.4 through 311.7;

iii. A violation of Penal Code Sections 313.1 through 313.5;

iv. A violation of Penal Code Section 647(a), (b), or (d);

v. A violation of Penal Code Section 315, 316, or 318;

vi. A felony crime involving the use of force or violence on another; or

vii. The maintenance of a nuisance in connection with the same or similar business operation.

The management of the emergency shelter shall effectuate a background investigation on all employees to the satisfaction of the chief of police.

5. Common Facilities and Services. An emergency shelter may include the following facilities and services as ancillary to the emergency shelter use:

a. Commercial kitchen facilities;

b. Dining area;

c. Laundry room;

d. Recreation or meeting room;

e. Outdoor recreational spaces; provided, that the space is located within a building interior courtyard or is enclosed by a building, solid fence, or wall or some combination thereof to secure the space and ensure that it is not accessible to the general public;

f. Animal boarding for current residents of the facility only; and

g. Child care facilities for current residents of the facility only.

6. Client Intake Areas. An enclosed intake area shall be provided within the emergency shelter building. The intake area shall be a minimum of one hundred square feet in size, located entirely within the building. The intake hours shall be posted clearly on the doors to the emergency shelter. Clients shall be allowed to wait in an interior or exterior waiting area that shall not exceed one hundred fifty square feet. Clients shall not loiter nor form a queue outside of the exterior waiting area.

7. Parking. Each emergency shelter shall have a minimum of two off-street parking spaces plus the greater of either: (a) one additional off-street parking space for each ten beds, or fraction thereof, or (b) one additional parking space per employee.

8. Lighting. Exterior lighting shall be located along all pedestrian pathways, parking lots, entrances and exits, common outdoor areas, and at the front of the building. All lighting shall be maintained in good operating condition and shall be fully shielded.

9. On-Site Security. Security measures shall be reviewed and approved by the chief of police prior to commencement of operations on the site and shall be sufficient to protect clients and neighbors. On-site security shall be provided during the hours when the emergency shelter is in operation and at all times when clients are present on site. In the event that five or more calls for police services have been received over a thirty-day period by the police department, the facility shall be required to provide additional on-site security staff to the satisfaction of the chief of police and the community development director.

10. City, County and State Requirements. An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from the city, county, and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all county and state health and safety requirements for food, medical, and other supportive services provided on site. (Ord. 854 § 2 (part), 2015; 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 gases, 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 and SPD Districts. Within the CG zoning district and SPD districts, residential development shall be located on the second and higher floors for vertical mixed use projects; horizontal mixed use projects must incorporate a predominant mix of commercial uses into the street frontage of the project site. Residential uses are permitted in a mixed use project at densities up to fifteen units per gross acre, subject to the provisions of subsection C of this section. Residential use components in a mixed use project shall be allowed, provided that a minimum FAR of 0.25 is achieved for the nonresidential use component.

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 density requirements of the general plan, downtown specific plan, and subsection B of this section.

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 be the predominant land use occupying ground floor space within the first seventy-five feet of area measured from each building face adjacent to a public or private street.

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. 895 § 2(A) Exh. 2 (part), 2020: 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. Usable Open Space/Landscape. The intent of the open space/landscape standards is to require new multifamily development to support a high quality of life with appropriate usable open space, indoor and outdoor community amenities, retention of heritage trees, and new planting of trees, shrubs, and ground cover that add variety and interest. “Usable open space” means on-site area or areas, accessible to the residents of the development it serves and designed for safe and convenient active use for recreational, leisure, and social activities. Other open spaces such as areas within a street side setback (except a permitted private porch and/or patio), creek setback, stormwater management facility, wetland/habitat preservation areas, and sloped areas over five percent are not considered “usable open space.”

1. Usable Open Space and Amenities. Each multifamily residential project shall provide permanently maintained usable open space and/or amenities. The total amount of usable open space and/or amenities included for the project shall at a minimum provide a total of one hundred fifty square feet of usable common and/or private open space per unit. Projects directly adjacent to a public park or directly across a local street from a public park need to only provide a total of forty-eight square feet of common and/or private usable open space per unit on the project site. Usable open space and/or amenities shall be provided as follows:

a. Ground-level units shall include a private porch and/or private patio/garden. Each private porch or private patio/yard shall include a minimum clear dimension of six feet by eight feet.

b. Projects of more than ten units, and not adjacent to a public park or directly across the street from a public park, shall include usable common open space which may be a courtyard, or rooftop terrace.

c. Projects of more than ten units shall include a minimum of three of the following additional usable open space amenities:

i. Private balconies above the ground floor.

ii. Playground.

iii. Swimming pool.

iv. Community center. (Interior portions of the building devoted to recreational and social uses count as usable open space up to a maximum of fifteen percent of the total usable open space requirement. Other uses such as offices, utility rooms, or hallways are not counted as usable open space.)

v. Community garden.

vi. Play/sport court(s) – teen/adult (i.e., bocce ball, basketball).

vii. Courtyard.

viii. Rooftop terrace.

2. Outdoor seating shall be provided at common usable open space areas.

3. Any playground area must be visible to multiple units to provide casual surveillance and be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided.

4. Configuration of Usable Open Space. Required usable open space areas shall be designed and located as follows:

a. Courtyards shall be enclosed fully or partially on a minimum of two sides by buildings that include residential units and/or community buildings and shall have a minimum dimension of twenty feet. Courtyards shall at a minimum include hardscape, landscaping, seating with a table or tables.

b. Rooftop terraces shall include tables, chairs, and landscaping at a minimum. The rooftop terrace shall be designed and constructed to ensure that interior noise levels of adjacent uses are in compliance with Section 17.30.050.

5. Open space landscaping shall comply with the requirements of Chapter 17.34 (Water Efficient Landscaping Standards).

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

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.

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. 905 § 6, 2021; Ord. 766 § 2 Exh. A (part), 2004).

17.42.125 Cottage housing projects.

A. Purpose. The purpose of this section is to set forth the city council’s discretion to allow for a specific residential development type (“cottage housing”) featuring modestly sized single-family detached or attached residences with commonly held community amenities oriented around commonly held open space areas. Cottage housing developments require an increase over the maximum density of the underlying zoning district. The city council shall have the sole authority to grant an increase in maximum density to allow development of cottage housing in recognition of its reduced land use and environmental impacts versus typical single-family residential development. This housing type is intended to achieve the following objectives:

1. Promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition, and individual needs;

2. Provide opportunities for more affordable housing choices within single-family neighborhoods and the community;

3. Encourage creation of functional usable open space in residential communities;

4. Promote neighborhood interaction and safety through design;

5. Ensure compatibility with neighboring land uses and surrounding properties; and

6. Provide opportunities for infill development that support the city’s growth management goal of more efficient use of land.

B. Applicability. The requirements of this section shall apply to all proposed cottage housing developments. The requirements of this section shall not apply to any housing development proposed at a density allowed by the underlying zoning district. A cottage housing proposal is subject to the city council’s discretionary approval of the cottage housing development plan pursuant to Chapter 17.22 (Allowable Land Uses), and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Community and Project Design), Article 3 (Site Planning, Design, and Operational Standards) and those in Articles 4 (Standards for Specific Land Uses) and 5 (Resource Management) of this title. If there is a conflict between standards, the provisions of this section shall control over other provisions of Article 4, the provisions of Article 4 control over Articles 2 and 3, and the provisions of Article 5 control over Articles 2, 3, and 4.

C. Cottage Housing Development Approval. Cottage housing developments are subject to the city council’s discretionary approval of a cottage housing development plan in conformance with this section. A cottage housing development shall not be an allowable use in any zoning district unless the city council approves the cottage housing development plan.

D. Subdivisions. Discrete ownerships may only be created through the subdivision process pursuant to Article 7 (Subdivisions) of this title and the Subdivision Map Act. Where a conflict exists with Article 7, the provisions of this section shall have control; provided, that there is no conflict with the Subdivision Map Act. Individual lots created as part of an approved cottage housing development shall not be required to have street frontage and shall not be limited to minimum lot size or frontage dimensions.

E. Location Criteria. Cottage housing projects shall be subject to the following locational requirements:

1. The city council shall have sole discretion to approve a cottage housing development plan for projects in the NL (neighborhood, low density), NM (neighborhood, medium density), and NU (neighborhood, urban) zoning districts. The provisions of individual zoning districts shall be applicable to an approved cottage housing development; provided, that where a conflict exists, the provisions of this section shall have control.

2. The minimum area for a cottage housing development must accommodate at least four cottage units, which may include more than one contiguous lot.

F. Density.

1. The city council shall have sole discretion to approve an increase in maximum density for a cottage housing development not to exceed two times the maximum density allowed in the underlying zoning district. The minimum allowable density shall be the maximum allowable density of the underlying zoning district plus at least one unit.

2. Existing residential structures may remain on site and may be nonconforming with respect to the standards of this section. However, nonconforming residential structures are permitted to remain within a cottage housing development at the discretion of the review authority. The extent of the nonconformity shall not be increased.

3. Cottage housing developments may include accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) if approved as part of the cottage housing development plan. ADUs and JADUs shall not be included in the density calculations for the cottage housing development.

G. Cottage Housing Design Standards. A cottage housing development is expected to reflect a coherent and high-quality design concept and include architectural elements that ensure compatibility with the surrounding neighborhood and community character. The following design elements are intended to provide compatibility with existing residential environments. Alternative designs may be submitted for review and approval, but the review authority must find that any such concepts meet or exceed the design quality of the objective design standards and fulfill the stated purpose and intent of this section.

1. Site Design Standards.

a. Clustered Housing. Cottages within a cottage housing development shall be clustered around common open space(s), with allowable cluster sizes ranging from a minimum of four units to a maximum of twelve units. More than one cluster may be permitted per project; however, each cluster shall be distinct and create its own sense of intimacy and community. Changes in allowable cluster size may be considered due to site constraints or to preserve environmental or historical resources.

b. Setbacks. Cottage housing developments shall conform to the following setback standards:

i. Cottage housing developments shall have the same setback requirements as the underlying zoning district. The setbacks are applied at the property lines of the development area and not to the individual structures within the development, which are instead controlled by the building separation standards.

ii. ADUs and accessory structures sixteen feet in height or less shall be set back at least four feet from rear and interior side property lines. ADUs or accessory structures less than sixteen feet in height may be constructed in the front setback or a street side setback if the review authority finds the location of the ADU or accessory structure(s) contribute to the communal benefits and aesthetic appeal of the project design.

iii. Parking areas, driveways, and internal roadways may be permitted in the rear and side setback areas provided a minimum five-foot-wide landscape area is maintained between the parking or roadways and the property line.

c. Building Separation. Individual structures shall be separated by at least eight feet. Building separation may be reduced to six feet provided the area saved by such a reduction is used to increase the central common open space.

d. Lot Coverage. Impervious surfaces shall not exceed the maximum allowable lot coverage that is permissible in the underlying zoning district. Lot coverage shall be calculated for the overall cottage housing development, not for individual lots. Pathways to accommodate pedestrian and bicycle uses within the development shall not be counted in lot coverage calculations. To the extent feasible, all driveways, parking areas and pathways shall be constructed with pervious materials.

e. Open Space. Cottage housing developments shall comply with the following private and common open space requirements:

i. A minimum of five hundred square feet of common open space shall be provided per cottage dwelling unit. ADUs and JADUs are not subject to the common open space requirements. The common open space area(s) shall be centrally located within the development.

ii. A minimum of four hundred square feet of private open space shall be provided per dwelling unit. Private open space may include porches and patios. Private open space shall be located adjacent to the common open space and provide a transition between the common open space and the residential units. Cottage housing projects located in the NU (neighborhood, urban) zoning district are not required to provide private open space. ADUs and JADUs are not subject to private open space requirements.

iii. At least seventy-five percent of the units shall abut the primary common open space area(s). Exceptions may be considered due to parcel shape or to preserve environmental resources and avoid site constraints such as historic structures or features, existing trees, slopes exceeding ten percent, wetlands, streams and other sensitive habitats.

iv. The primary common open space area(s) shall have dwelling units abutting at least two sides.

v. Dwelling units not oriented toward a roadway shall have the front of the unit oriented towards the common open space.

vi. No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than ten feet unless part of a pathway or trail.

vii. Common open space shall be improved or preserved for passive or active recreational use. Examples may include, but are not limited to, courtyards, orchards, playgrounds, swimming pools, natural or landscaped picnic areas, gardens, preserved wetlands, tree clusters or other natural features existing on site. Common open space shall include amenities for residents, such as seating, landscaping, trails, gazebos, barbecue facilities, covered shelters or water features.

viii. Storm water management facilities may be commonly held, but generally shall not be counted toward meeting the common open space requirements unless integrated into a larger communal amenity or preserved feature.

ix. Roadways, driveways, parking areas, private open space and refuse bin storage areas do not qualify as common open space area.

x. Landscaping and amenities located in common open space areas shall be designed to allow for easy access and use by all residents and to facilitate maintenance needs. Existing mature trees shall be preserved and retained where feasible.

f. Pedestrian Pathways.

i. Within the confines of the cottage housing development a network of pedestrian pathways shall be provided. Walkways into and through the cottage housing development may be limited to residents and their guests.

ii. Pedestrian and bicycle connections to the surrounding neighborhood and downtown area shall be made where appropriate.

g. Slope Protection. Siting of dwelling units on slopes exceeding fifteen percent is prohibited. Siting of dwelling units on slopes between ten and fifteen percent is discouraged. Dwelling units shall not be placed in such areas if extensive use of retaining walls is necessary to create building pads or open space areas. Siting certain common features such as garden row plantings or vines, walking trails or seated communal gathering areas may be allowed on slopes exceeding the above limits, provided the slope integrity is maintained and storm water run-off is adequately controlled.

h. Refuse and Recycling. Refuse and recycling containers shall be covered, screened from view by landscaping or architectural screening and shall not be located in the front or street side setback area or in locations where odors may be offensive to adjacent properties.

i. Fencing

i. Solid interior fencing over forty-two inches in height is not permitted within a cottage housing development except to screen parking areas, mechanical equipment, refuse bins and secured areas not generally accessible to residents of the development. Solid interior fencing shall not exceed six feet in height.

ii. Solid or decorative open fencing, not exceeding forty-two inches in height, may be used to delineate private yards and spaces but shall not interfere with the intent to create an internally open community.

iii. Solid perimeter fencing, not exceeding seven feet in height, is permissible except along public roadways. Eight-foot-high perimeter fencing may be allowed provided the top one foot is open design, such as wire, iron work or lattice.

2. Building Design Standards.

a. Cottage Size. Individual cottage units shall contain at least five hundred and no more than one thousand five hundred square feet of gross floor area. The floor area and number of bedrooms within individual cottage units shall be varied within a development to accommodate households of different sizes.

b. Individual dwelling units within the cottage housing development may be attached or detached structures; however, no single structure shall contain more than four attached units (a fourplex).

c. Building Height. Structures within a cottage housing development are subject to the following height limits:

i. The maximum building height for dwelling units, ADUs constructed above garages and community buildings shall be twenty-eight feet.

ii. The maximum building height for detached accessory structures, including garages, is sixteen feet.

iii. Cottages shall be a maximum of two stories. Two-story structures shall be designed to reduce building massing as much as possible. The upper story of a two-story structure shall have less floor area than the lower floor.

d. Entries and Porches.

i. Each cottage housing unit in the NL or NM zoning district shall have a primary entry and usable covered porch that is a minimum of eighty square feet in size and eight feet in depth.

ii. Cottage housing units located in the NU (neighborhood, urban) zoning district shall be provided with a minimum forty-eight-square-foot covered porch or deck.

iii. ADUs and JADUs are not required to have covered porches or decks.

e. Solar Requirement. Cottage housing developments shall install solar photovoltaic system(s) with sufficient capacity to support fifty percent of the total anticipated electrical demand generated by the residential units.

f. ADU and JADU Development.

i. The total gross floor area of all ADUs and JADUs within a cottage housing development shall not exceed fifty percent of the total gross floor area of all the primary cottage units within the development.

ii. No individual ADU may exceed eight hundred square feet of gross floor area if less than two bedrooms, or one thousand square feet of gross floor area if two bedrooms or more.

iii. ADUs may be constructed above garages.

iv. JADUs must be constructed within the walls of a primary cottage unit, shall not exceed five hundred square feet of gross floor area, and shall not result in a combined floor area that exceeds one thousand five hundred square feet.

v. All ADUs and JADUs shall comply with the ADU and JADU provisions set forth in Section 17.42.170. Where a conflict exists, the provisions of this section shall have control.

vi. Each ADU and/or JADU must be associated with a primary cottage dwelling unit. ADUs and JADUs shall not be sold separately from the associated primary dwelling unit. If the cottage housing development is subdivided into individual lots, the ADU shall be located on the same lot as the associated primary dwelling unit.

g. A community building may be provided for the residents of the cottage housing development and counted toward the open space requirements. Architectural themes, materials and colors shall be consistent with the dwelling units within the cottage housing development.

3. Parking and Driveway/Roadway Standards.

a. Parking areas and garages shall be located so their visual presence is minimized (shared access drives are encouraged) and associated noise or other impacts do not intrude into public spaces. These areas shall also maintain the single-family character along public streets. To the extent feasible, driveways and surface parking areas shall be constructed with permeable materials.

b. One and three-quarters parking spaces shall be provided for each unit with seven hundred square feet or less of gross floor area. Two parking spaces shall be provided for each unit that exceeds seven hundred square feet of gross floor area. At least one parking space per unit shall be covered by a garage or carport. An additional fifteen percent of the total required parking spaces for the dwelling units shall be provided for guests and may be uncovered.

c. One parking space per ADU shall be provided and may be uncovered. Parking for ADUs may not be required if the project is consistent with the ADU parking exemptions set forth in Section 17.42.170(D). Parking is not required for JADUs.

d. On-street parking provided within the development may be counted towards minimum parking requirements if the approval authority finds that such parking configuration will result in adequate parking and is compatible with the character and context of the surrounding area. On-street parking located outside the boundaries of the cottage housing development shall not be counted towards the minimum parking requirements.

e. Surface parking areas may not be located in clusters of more than eight spaces. Clusters must be separated and distinct from one another and include landscaping and tree shading consistent with Section 17.34.050(D). Exceptions to these limits may be approved by the review authority to reduce internal roadways or to provide for greater amounts of common open space.

f. Parking areas shall not be located between the dwelling units and the common open space.

g. At least fifty percent of guest parking spaces within a cottage housing development shall be provided with conduit and infrastructure necessary to support future electric vehicle (EV) charging stations. A minimum of twenty percent of the guest parking spaces within a cottage housing development shall include publicly available and operational electric vehicle charging stations. One hundred percent of assigned/dedicated parking spaces for housing units shall be wired and ready to receive a wall mounted or equivalent charging device. The conduit and infrastructure shall support a minimum of two hundred twenty volts (forty amp minimum) charging at all charging devices.

h. Garages and Carports. Garages and carports within a cottage housing development shall comply with the following standards:

i. The vehicle parking area of an individual garage or carport shall not exceed four hundred forty square feet per dwelling unit. Designated storage areas and bicycle parking shall not be included in the parking area calculations.

ii. Garages or carports may be combined into one structure; however, the floor area designated for vehicle parking shall not exceed four parking spaces or one thousand seven hundred sixty square feet in size. Designated storage areas and bicycle parking shall not be included in the parking area calculations.

iii. The design of garage structures, including materials and roof lines, shall be similar and compatible to the dwelling units within the development.

iv. Garage doors located within eighty feet of a public street shall not be oriented towards the street, except when facing an alley.

i. Roadway Width. Internal roadways shall be minimized. The maximum roadway width shall be the minimum width necessary to comply with parking space aisle standards and accommodate emergency vehicle access.

j. Emergency Vehicle Access. Adequate emergency vehicle access shall be required, as determined by the fire marshal. In areas where roadways are required solely for emergency vehicle access, alternative surface materials that are permeable and support low-lying vegetation shall be utilized where feasible. Use of alternative surface materials for emergency vehicle access shall require the approval of the fire marshal.

H. Common Area Maintenance. Cottage housing developments shall be required to implement a mechanism, acceptable to the approval authority, to ensure the continued care and maintenance of all common areas and amenities including common open space, parking, surface water management facilities and any other common area or shared facilities.

I. Modifications to Standards. Applicants may request modifications to the open space, design standards, setbacks and parking provisions. The planning commission and/or city council may grant exceptions from the above referenced provisions of the cottage housing regulations if any of the following apply:

1. The site is constrained due to unusual shape, topography, easements or sensitive environmental areas, and the alternative design would serve to protect sensitive natural resources;

2. The modification will not result in a project that is less compatible with neighboring land uses and character of the surrounding neighborhood than would have occurred under strict adherence to the provisions of this section; or

3. The planning commission and/or city council find the alternative design concept provides a high level of design quality and compatibility with the character of the surrounding neighborhood and generally meets the intent of the above regulations.

J. Post-Approval Additions and Modifications.

1. The community development director may, without a public hearing, approve requests for additions and modifications to an approved or constructed cottage housing development provided the proposed additions or modifications do not:

a. Include a change in density or changes in the number of ADUs/JADUs;

b. Include a subdivision;

c. Request a major variance or modification of the development standards set forth in subsection G of this section or any other applicable development standard of this title; or

d. Conflict with any prior condition of approval.

2. The community development director may, at their discretion, defer any proposed action and refer the request to the planning commission and/or city council for a decision. (Ord. 902 § 5, 2021).

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). These requirements do not apply to residential accessory dwelling units and junior accessory dwelling units, which are instead regulated by Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units).

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 set back 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 attached or detached residential accessory structures in subsections D and E of this section.

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. 893 § 9, 2020; 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 Accessory dwelling units/junior accessory dwelling units.

This section establishes procedures and development standards for the ministerial, nondiscretionary processing of applications for new accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”), where allowed by Chapter 17.22 (Allowable Land Uses), and in compliance with California Government Code Sections 65852.2 and 65852.22.

A. General Requirements – ADUs/JADUs. All ADUs/JADUs shall be subject to the following standards:

1. One ADU and/or one JADU may be developed on a residentially zoned parcel with a proposed or existing single-family dwelling.

2. Not more than two detached ADUs may be located on a lot with an existing multifamily dwelling. The detached ADUs shall not exceed sixteen feet in height and shall be set back at least four feet from the side and rear property lines.

3. Multiple ADUs may be developed within portions of existing multifamily structures that are not used as livable space, including storage rooms, passageways, attics, basements or garages, if each unit complies with state building standards for dwellings. The number of ADUs allowed within existing multifamily structures is limited to twenty-five percent of the existing number of units on the property, except that at least one is allowed.

4. Any ADU/JADU may be rented separately from the primary residence, but shall not be sold independently of the primary residence, except as provided for in Section 65852.26 of the California Government Code.

5. Any ADU/JADU shall not be rented for less than thirty consecutive days.

6. Owner-Occupancy. Owner-occupancy of an ADU/JADU or its primary residence is not required.

7. Street addresses shall be assigned to all ADUs to assist in emergency response. Address creation for a JADU may be required depending on the configuration of the unit, and subject to the Fire Marshal’s recommendation.

8. ADUs/JADUs are not required to install fire sprinklers if they are not required for the primary residence.

9. ADUs/JADUs shall not be included in density calculations to determine the number of housing units per gross acre for residential properties.

10. ADUs/JADUs are not required to install new or separate utility connections directly between the ADU and the utility, and shall not be subject to connection fees or capacity charges for utilities, including sewer and water.

11. ADUs of seven hundred fifty square feet or less shall not be subject to development impact fees. ADUs larger than seven hundred fifty square feet may, as determined by the city council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary dwelling unit. “Impact fee” has the same meaning as the term “fee” defined in Section 66000 of the California Government Code, except that it also includes the fees specified in Section 66477 of the California Government Code.

12. A permit application for an ADU/JADU shall be ministerially approved within sixty days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot unless the application is submitted with an application to create a new single-family or multifamily dwelling on the lot.

B. Development Standards – ADUs.

1. Zoning Conformance. All ADUs shall meet all development standards of the zoning district in which it is located except as modified by this section.

2. Permanent Foundation. A permanent foundation shall be required for all ADUs.

3. Separate Entry, Kitchen and Bathroom. All ADUs shall contain a separate entrance, kitchen and bathroom independent of the primary residence. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

4. Location. Detached ADUs are subject to the following location standards:

a. Detached ADUs shall be separated from the primary dwelling and any accessory structure by a minimum of five feet.

b. Setbacks. All ADUs shall be subject to the following setback requirements:

i. No ADUs shall be constructed within the front setback.

ii. Attached or detached ADUs that are sixteen feet in height or less shall be set back a minimum of four feet from the rear and side property lines.

iii. Attached or detached ADUs that exceed sixteen feet in height shall be subject to the same minimum front, side and rear setback requirements as the primary residence.

iv. No setback shall be required for a legally existing living space, garage or accessory structure which is fully or partially converted to an ADU, or for a structure constructed in the same location and to the same dimensions as a legally existing living area, garage or accessory structure which is fully or partially converted to an ADU.

v. An ADU constructed above a garage shall be set back a minimum of five feet from the rear and side property lines.

5. Height. If the ADU is located in conformance with the setback requirements of the primary residence the height shall be limited to the height limits of the primary residence. If the ADU is located within the setback areas applicable to the primary residence the attached or detached ADU shall not exceed sixteen feet in height.

6. Size. ADUs shall be subject to the following requirements related to size:

a. ADUs on lots less than one-half acre (twenty-one thousand seven hundred eighty square feet) in size shall be limited to the following maximum sizes:

Less than two bedrooms

850 square feet of gross floor area

Two bedrooms

1,000 square feet of gross floor area

b. ADUs on lots less than one-half acre in size may exceed the above maximum sizes following submittal of an application and approval of a discretionary design review application.

c. In no case shall any ADU exceed one thousand two hundred square feet in size.

d. The gross floor area of an attached or interior ADU shall not exceed fifty percent of the existing gross floor area of the primary residence. Notwithstanding the existing gross floor area of the primary residence, an ADU may contain at least eight hundred square feet of gross floor area.

e. An interior ADU proposed within the space of an existing single-family residence or accessory structure may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions of the existing structure if the expansion is limited to accommodating ingress and egress.

f. The minimum allowable gross floor area of an ADU shall be the minimum size permitted by the California Building Code, but in no case shall it preclude a minimum-sized efficiency unit.

7. Lot Coverage. An ADU shall comply with the lot coverage requirements of the applicable zoning district; however, notwithstanding the existing and proposed lot coverage, an ADU may contain at least eight hundred square feet of gross floor area.

8. Architectural Style. The architectural style, exterior materials, and colors of the ADU shall be compatible with the primary dwelling unit.

9. Windows. For an ADU located within the required setbacks of the primary residence, all windows along the wall facing the adjoining property line within the required setback shall be clerestory (minimum of six and one-half feet above the finished floor) or shall have permanently obscured glazing. Windows that vary from this standard may be allowed following the submittal of an application for approval of discretionary design review.

C. Development Standards – JADUs. JADUs are subject to the following objective standards:

1. Location. A JADU must be created within the walls of a proposed or existing single-family residence.

2. Size. The size of a JADU shall not exceed five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of the unit.

3. Entryways. A JADU must include a separate entrance from the main entrance to the primary residence. An expansion of not more than one hundred fifty square feet beyond the same physical dimensions of an existing structure shall be allowed if the expansion is limited to accommodating ingress and egress.

4. Kitchen. The JADU shall include an efficiency kitchen as defined in California Government Code Section 65852.22.

5. Bathroom. A JADU may include separate sanitation facilities, or may share sanitation facilities with the primary residence.

6. Zoning Conformance. Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.

7. Deed Restriction. The junior accessory dwelling unit shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the city and shall include both of the following:

a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and

b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this section.

8. No minimum parking requirement shall be required for a JADU.

D. Parking.

1. Unless otherwise specified below, one on-site parking space shall be required for an attached or detached ADU. This parking space is in addition to those spaces required for the primary residence(s). On-site parking is not required for an ADU in any of the following instances:

a. The ADU is located within one-half mile walking distance of public transit.

b. The ADU is located within an architecturally and historically significant historic district.

c. The ADU is part of the proposed or existing primary residence or accessory structure.

d. When on-street parking permits are required but not offered to the occupant of the ADU.

e. When there is a car share vehicle located within one block of the ADU.

2. The required parking space for an ADU may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem parking spaces, or by the use of mechanical automobile parking lifts.

3. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, the space(s) eliminated from that structure are not required to be replaced elsewhere on the lot.

E. Termination of Permit and Use. At his/her discretion, the community development director or his/her designee may grant an owner’s request to terminate an ADU/JADU. As a condition of termination, the director or his/her designee shall require the owner to make modifications to the property to comply with current building code requirements, and remove the kitchen. The property owner shall apply for a building permit to remove the kitchen as required by the city’s building and fire codes. (Ord. 893 § 4, 2020).

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).

17.42.200 Commercial cannabis uses and requirements.

A. Standards for All Commercial Cannabis Uses.

1. Purpose. This section provides the development, operating, and permit standards for all commercial cannabis activities, including both adult (recreational) and medical cannabis uses, to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, and provide safe, legal access to cannabis. Additional standards may apply to particular commercial cannabis uses, as established in other sections of this chapter.

2. Applicability. Commercial cannabis uses shall be permitted only in compliance with the requirements of this chapter, state law and all other applicable requirements for the specific type of use and those of the underlying base zone. In addition to the requirements of this chapter, commercial cannabis uses shall comply with all other applicable provisions of the city of Cotati’s general plan and the municipal code. Except for hospitals and research facilities that obtain written permission for cannabis cultivation under federal law, it is unlawful to cultivate, distribute, manufacture, test or transport cannabis, in amounts that exceed personal use allowances under California law, within the city, without a valid permit issued pursuant to the provisions of this chapter. Possession of other types of state or city permits or licenses does not exempt an applicant from the requirement of obtaining a permit under this chapter. Unless specific distinctions are made in subsequent sections, requirements shall apply equally to either adult use or medical cannabis activities.

3. Limitations on Use. Commercial cannabis uses shall only be allowed in compliance with this chapter and all applicable codes set forth in the Cotati Municipal Code, including but not limited to building, plumbing, electrical, fire, hazardous materials, and public health and safety. The operator shall comply with all laws and regulations applicable to the type of use and shall comply with all permit, license, approval, inspection, reporting, and operational requirements of other local, state or other agencies having jurisdiction over the type of operation. The operator shall provide copies of other agency and department permits, licenses, or certificates to the review authority to serve as verification of such compliance.

4. Application Requirements. In addition to any other disclosures, data, forms, recitals, assurances, agreements, or other information required by federal, state, or local law, applicants for a cannabis permit shall provide the following information at the time of the application for a cannabis permit:

a. Property Owner Consent. Permits for commercial cannabis uses shall only be issued where written permission from the property owner and/or landlord is provided. The applicant shall provide evidence of such consent.

b. Air Quality. The applicant shall provide a calculation of the business’s anticipated emissions of air pollutants. The applicant shall also provide assurance that the business will comply with all best management practices established by the Bay Area Air Quality Management District (BAAQMD). No cannabis permit shall be issued to any business that would exceed the thresholds of significance established by the BAAQMD for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction. Applicants are encouraged to design their project to minimize or avoid air pollutant emissions.

c. Greenhouse Gas Emissions. The applicant shall provide calculations of the anticipated greenhouse gas emissions for the operation of the business. The applicant shall further demonstrate compliance with any applicable state, regional, or local plan for the reduction of greenhouse gas emissions. No cannabis permit shall be granted for any business that would violate any state, regional, or local plan for the reduction of greenhouse gases, nor shall any cannabis permit be issued where the construction and/or operation of the business would exceed any applicable threshold of significance for greenhouse gas emissions under the California Environmental Quality Act.

d. Hazardous Materials. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.

e. Water Supply. If proposed use will occupy an existing building, applicant shall demonstrate to the satisfaction of the city engineer and building official that water usage will not exceed that of the building’s intended occupancy class without additional review and prior approval by the city. If proposed use will occupy a newly constructed building, the proposed use and construction design shall include all necessary devices and processes to ensure water usage will not exceed an operation typical of the zone in which it is proposed.

f. Wastewater. The applicant shall demonstrate to the satisfaction of the city engineer that sufficient wastewater capacity exists for the proposed use. To the extent the proposed use will result in agricultural or industrial discharges to the city’s wastewater system, the applicant shall provide a plan for meeting all federal, state, and local requirements for such discharges.

5. Compliance with County Health Officials. Cannabis manufacturers, dispensaries, and delivery operations shall be subject to permit requirements and regulations, including inspections, established by the Sonoma County department of health services under the direction of the county health officer, or any other individual designated by the director to act on his or her behalf. All such permit requirements and regulations shall be interpreted to implement the purpose and intent of this chapter and shall not prohibit or unreasonably restrict any commercial cannabis use allowed under this chapter. The city manager may eliminate this requirement after the California Department of Public Health or other applicable state agency establishes regulations related to cannabis product safety.

6. Development Standards.

a. Building Requirements. All structures used in commercial cannabis operations must comply with applicable provisions of building and fire codes as determined by the city’s building official and the fire agency official, respectively. In addition, all buildings and the site must comply with all applicable sections of the Cotati Municipal Code, as determined by the community development director, prior to issuance of a cannabis permit. Commercial cannabis uses that provide access to the public, including but not limited to employees, vendors, contractors, business partners, members, customers or patients, shall meet local, state and federal requirements for accessibility, including accessible parking, paths of travel, seating, restrooms, and washing facilities. All facilities must be inspected by the city and fire agency prior to issuance of a cannabis permit.

b. Emissions Control. All commercial cannabis uses shall utilize appropriate measures in operation and, where applicable, construction, to prevent the emission of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.

c. Hours of Operation. Hours of operation for commercial cannabis uses are established in sections below pertaining to each particular use category.

d. Odor Control and Ventilation. Commercial cannabis uses shall comply with all current and future state laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this chapter. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent or nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls for odor, humidity, and mold.

e. Property Setbacks. Property setbacks for commercial cannabis uses are established in sections below pertaining to each particular use category.

7. Permit Requirements. In addition to state permitting requirements and the requirements of this chapter, cannabis uses shall be subject to the cannabis permit requirements as shown in Table 2-2 of Section 17.22.020. In addition, all commercial cannabis uses must obtain a zoning clearance and pay applicable fees and taxes. Any violations of the Cotati Municipal Code, or any other local, state, or federal law, must be cured prior to issuance of a cannabis permit. The city manager, or his/her designee, may design application forms specific to each permitted category and require inspections of proposed facilities before issuing a permit under this chapter. Commercial cannabis uses shall also be subject to permit requirements and regulations established by the Cotati Municipal Code and any additional requirements established by other sections of this chapter, resolution or ordinance of the city council or vote of the citizens of Cotati. Applicants must provide notice to properties and property owners within three hundred feet of the boundaries of the property upon which the commercial cannabis business is proposed at least fifteen days prior to consideration of the permit application. A city business license is required for certain cannabis operations, pursuant to Chapter 5.04.

a. Issuance and Term of Permit. Permits for commercial cannabis uses shall be issued to the operator by the city council for a period not to exceed two years from the date of permit approval and shall be subject to biannual permit renewals, in accordance with subsection (A)(8) of this section. No property interest, vested right, or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such permit holder as such permits are revocable. Permits issued pursuant to this chapter are not transferable without prior city approval. Permits may be issued with conditions. The city has no duty or obligation to issue commercial cannabis permits. The city may elect at any time to cease issuing commercial cannabis permits, including upon receiving credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.

b. Operator/Permit Holder Qualifications. Commercial cannabis operators/permit holders must meet the following qualifications:

i. Commercial cannabis operators must be twenty-one years of age or older.

ii. Commercial cannabis operators shall be subject to background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with any felony convictions, as specified in Sections 667.5(c) and 1192.7(c) of the Penal Code. Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.

iii. Applicants providing false or misleading information in the permitting process will result in rejection of the application and/or nullification or revocation of any issued permit.

c. Priority. This section applies generally to all commercial cannabis permits; however, additional requirements are set forth in later sections pertaining to particular commercial cannabis use categories. When processing permit applications for commercial cannabis uses, priority shall be given to applications that score highest on any city council-adopted applicant ranking system.

d. Issues of Significant Public Interest. In considering an application under this section for a cannabis permit, the city council’s review shall be limited to compliance with this chapter. The council may, however, determine that no applications meet the requirements for a particular license and that license may remain unissued due to a significant public interest. “Significant public interest” includes, but is not limited to, potential health or safety impacts, potential conflicts with neighboring uses, unique characteristics of the proposed site, unique characteristics of the proposed operations, and/or other factors that, in the city council’s discretion, warrant rejection of application(s).

e. Revocation and Suspension. Any permit issued under this chapter for commercial cannabis uses may be immediately suspended for any of the reasons listed in subsections (A)(7)(e)(i) through (vii) of this section. Any permit issued under this chapter may be revoked by the city, following notice and opportunity for a hearing, upon any of the following:

i. An operator ceases to meet any of the minimum qualifications listed in subsection (A)(7)(b) of this section, or fails to comply with the requirements of this section or any conditions of approval of the permit.

ii. An operator’s state license for commercial cannabis operations is revoked, terminated, suspended or not renewed. In the case of a suspension, the city shall not reinstate the permit until documentation is received showing that the state license is eligible to be reinstated or reissued. It shall be up to the city’s discretion whether the city reinstates any permit.

iii. The commercial cannabis operation has not been in regular and continuous operation for six consecutive months.

iv. State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the city receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.

v. Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification.

vi. The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application.

vii. The operator/permit holder/business is not current on city taxes or fees.

8. Exercise and Renewal of Permit. Commercial cannabis permits shall be exercised only by the applicant and are not transferable without prior city approval. Permits shall expire upon termination of the business for which it was issued, or upon sale or unauthorized transfer of ownership of the cannabis operation. Any cannabis permit that is abandoned for a period of six months shall automatically expire and shall become null and void with no further action required on the part of the city. For purposes of this section, “abandonment” shall mean the failure to initiate the activities described in the permit application or cessation of regular and continuous business operations. All commercial cannabis permits have a term of two years and must be renewed prior to expiration. Operator must apply for permit renewal no less than sixty days prior to the expiration of their current permit. Approval of permit renewals may be issued by the city manager following demonstration by the operator/permittee of compliance with all requirements in effect. Review shall also include, but not be limited to, analyses of the following:

a. The use has been conducted in accordance with this section and any and all applicable permit conditions, state and local laws and regulations and is in good standing with all state and local agencies.

b. Any and all violations or complaints have been promptly addressed and cured to the satisfaction of the police chief and city manager.

c. The business for which the permit was approved has not been transferred without authorization to another owner or operator.

d. There are no outstanding violations of health, safety, or municipal code.

e. The business for which the permit was approved is current on all city taxes and fees due.

9. Health and Safety. Commercial cannabis uses shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

10. Taxes. Commercial cannabis uses shall timely remit payment of all applicable taxes that may be enacted by the voters, including Chapter 5.30, or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.

11. Security. The following security measures shall be adhered to by all operators. Additional security measures may apply to particular commercial cannabis uses, as established in this section.

a. A safety and security plan shall be required at the time of permit application and shall be subject to review and approval by the Cotati police department and the city manager. All safety and security plans shall be held in a confidential file exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Such plans shall include, at a minimum, information regarding implementation of the requirements of this section. The police chief may require additional information be included in the plan.

b. Security cameras shall be required and shall be installed with capability to record activity on the property, including entry points to the property and within all buildings and structures on the property, including all entrances, exits, perimeter windows and all areas where customers and employees may have access, apart from any restroom area. Security cameras shall record twenty-four hours a day, seven days a week. Additionally:

i. Areas where cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.

ii. Cameras shall also be placed at each location where weighing, packaging, transport preparation, processing, or labeling activities occur.

iii. At least one camera must be dedicated to record the access points to the secured surveillance recording area.

iv. At each entrance and exit to the facility, camera coverage must enable recording of customer facial features with sufficient clarity to determine identity.

c. Surveillance video shall be kept for a minimum of ninety days in a format that can be easily accessed for viewing. Video must use standard industry format to support criminal investigations. Permit holders shall be required to cooperate with all law enforcement investigations and provide video footage related to any such investigation upon request. Motion-sensor lighting and alarms shall be required and shall be professionally installed and monitored to ensure the safety of persons and to protect the premises from theft. Alarm and surveillance systems shall be equipped with a failure notification system that provides prompt notification to the operator of any prolonged surveillance interruption and/or failure of the system. All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.

d. A permittee shall maintain up-to-date and current records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the alarm installation company, and the name of any monitoring company. Off-site monitoring and video recording storage of the premises by the licensee or an independent third party is authorized if standards exercised at the remote location meet or exceed all standards for on-site monitoring.

e. All security measures installed on site shall have the capability to remain fully operational during a power outage.

f. Weapons and firearms are prohibited on the property, except law enforcement.

g. Security measures shall be designed to ensure emergency access in compliance with fire safety standards.

h. All structures used for commercial cannabis activities shall have locking doors, with commercial-grade nonresidential locks, to prevent free access.

i. Security measures shall prevent individuals from remaining on the premises of the commercial cannabis business if they are not engaging in activities expressly related to the operations of the business.

j. Security measures shall include a transportation plan that details the procedures established for the safe and secure transport of cannabis, cannabis products, and currency to and from the business, including the transfer of currency for city tax payments.

k. Except for live growing cannabis plants and products on display for sale at retail dispensaries during hours when the business is open to the public, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault that meets approval of the Cotati police department. To the fullest extent possible, all cannabis and cannabis products shall be kept in a manner that prevents theft and loss, except for limited amounts used for the purposes of display or immediate sales.

l. Duress alarm buttons shall be installed in all commercial cannabis facilities with easy access by employees and all employees shall be properly trained in their use.

m. Any security bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.

n. Security personnel hired by the commercial cannabis business shall be subject to prior review and approval of the chief of police or his or her designee. This requirement may include Department of Justice clearance of individuals.

o. Each commercial cannabis business shall identify a liaison and their contact information to the Cotati police department who shall be reasonably available to meet with the chief of police or his or her designees regarding security measures and operational issues.

12. Employees.

a. All employees of commercial cannabis businesses must be twenty-one years of age or older.

b. All owners and employees of commercial cannabis businesses shall be subject to background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with any felony convictions, as specified in Sections 667.5(c) and 1192.7(c) of the Penal Code. Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement, or a criminal conviction for the sale or provision of illegal controlled substances to a minor.

c. Each owner or operator of a commercial cannabis business shall maintain on site a current register of all the employees currently employed by the commercial cannabis business, and shall produce such register to the chief of police, designee, or any other city official authorized to enforce the Cotati Municipal Code for purposes of determining compliance with this chapter.

d. The police chief is authorized to implement an employee permit system, whereby any employee or volunteer of a commercial cannabis business must obtain a work permit from the city of Cotati. At a minimum, such program shall require the issuance of a permit that must be visibly displayed at all times by the employee or volunteer when he or she is working and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers. The police chief may establish a fee for the cost of issuing such permit.

13. Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

14. Tracking. Commercial cannabis operators shall comply with any track and trace program established by the city, county or state agencies. Commercial cannabis operators must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the city or county upon request. The city manager may require commercial cannabis operators to comply with a county track and trace system if appropriate.

15. Police Notification. Commercial cannabis operators shall notify the Cotati police department within twenty-four hours of discovering any of the following:

a. Significant discrepancies identified during inventory. The level of significance shall be two percent of inventory or per state regulations, whichever is stricter.

b. Diversion, theft, or loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.

c. Any other breach of security.

16. Inspections. Commercial cannabis uses and operations shall be subject to inspections by appropriate local and state agencies, including but not limited to the Departments of Health Services, Agriculture/Weights and Measures, and the city of Cotati. Cannabis operations shall be inspected at random times for conformance with the Cotati Municipal Code and permit requirements. Unless otherwise allowed under the law, the inspection shall be conducted during regular business hours, with at least twenty-four hours’ notice. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may request that the city temporarily suspend the permit and order the cannabis operation to immediately cease operations.

17. Monitoring. Administrative monitoring shall be required for each commercial cannabis use and operation to be granted a permit. An annual monitoring fee may be adopted by resolution of the city council and collected by the city.

18. Restriction on Alcohol Sales. No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis use business. This section shall not apply to responsible after-hours consumption by employees which does not violate any state or local law or regulation. After-hours consumption, however, is not permitted at any cannabis retail dispensary or microbusiness.

19. Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this chapter shall not become a personal liability of any public officer or employee of the city. To the maximum extent permitted by law, the permittees under this chapter shall defend (with counsel acceptable to the city), indemnify and hold harmless the city of Cotati, the Cotati city council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “city”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, city attorney or staff time, expenses or costs) (collectively called “action”) against the city to attack, set aside, void or annul any cannabis related approvals and actions, and strictly comply with the conditions under which such permit is granted, if any. The city may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the city for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing.

B. Standards for Commercial Cannabis Cultivation.

1. Purpose. This subsection establishes development, operating, and permit standards for commercial cannabis cultivation activities as allowed by the base zoning district and provisions of subsection A of this section, Standards for All Commercial Cannabis Uses.

2. Applicability. This subsection shall apply to all commercial cannabis cultivation uses and activities, including but not limited to indoor cultivation environments and associated drying, curing, grading, and trimming facilities. Cannabis cultivation does not include operations that manufacture cannabis products such as oils, tinctures, or edibles, which are classified separately. Commercial cannabis cultivation operations shall comply with state laws and regulations, and the following standards in addition to the requirements of this section.

3. Permit Requirements. In addition to the requirements of subsection A of this section, Standards for All Commercial Cannabis Uses, commercial cannabis cultivation shall be subject to the permit requirements as shown in Table 2-2 of Section 17.22.020, Allowed Land Uses and Permit Requirements – Cannabis Uses, and under this section. Initial permits for cultivation sites shall be issued by the city council; renewals may be approved by the city manager or his/her designee. Structures shall follow all city of Cotati zoning requirements of the underlying base zone.

4. Limitations on Use. All cultivation shall be conducted and maintained in compliance with applicable state laws and regulations, this chapter, and with any other standards and best management practices adopted by the city council through resolution or ordinance. All structures used in cultivation shall be subject to all applicable laws, including the California Building Code, California Fire Code, and all regulations of the Cotati Municipal Code.

5. Development Criteria.

a. Number of Permits. No more than five commercial cultivation permits of any type shall be allowed at any time. Multiple permits may be issued for multitenant operations on a single parcel; provided, that the total cultivation area of all tenants does not exceed a maximum of one acre, and provided, such permits are allowed under state law. Any commercial cultivator who obtains state licenses for both adult (recreational) and medical cultivation for the same cultivation premises shall only require one commercial cultivation permit from the city.

b. Square Footage Limitations. The total combined square footage of the cultivation canopy area shall not exceed the maximum size thresholds as defined in Table 2-2 of Section 17.22.020, Allowed Land Uses and Permit Requirements – Cannabis Uses. Structures and areas where cannabis is processed, dried, aged, stored, trimmed, packaged or weighed, and areas where equipment is stored and washed, shall be limited to the on-site cultivation use only.

c. Setbacks. All structures used for indoor commercial cultivation and all structures used for drying, curing, grading or trimming shall comply with the setbacks for the base zone districts. Cultivation shall be screened from public view and there shall be no exterior evidence of cultivation.

d. Building Requirements. All structures used in commercial cultivation require a building permit and shall comply with all applicable sections of the Cotati Municipal Code.

e. Fire Code Requirements. The operator shall prepare and implement a fire prevention plan for construction and ongoing operations and obtain all required permits from the fire agency. The fire prevention plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management and firebreak maintenance around all structures.

f. Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

g. Runoff and Storm Water Control. Runoff containing sediment, or other waste or by-products, shall not be allowed to drain to the storm drain system, waterways, or adjacent lands and must comply with all other applicable water quality standards of the city’s municipal code.

h. Security and Fencing. In addition to the security requirements in subsection (A)(11) of this section, the following security and fencing standards apply to commercial cannabis cultivation uses:

i. Security cameras shall be installed with the capability to record activity beneath the canopy but shall not be visible from surrounding parcels and shall not be pointed at or recording activity on surrounding parcels.

ii. Security measures shall be designed to ensure emergency access in compliance with fire safety standards. All structures used for cultivation or storage of cannabis shall have locking doors, using commercial-grade locks, to prevent free access.

6. Operating Standards. In addition to standards contained in Section 17.42.020, the following standards shall apply to all commercial cannabis cultivation uses:

a. Compliance Inspections. All cultivation sites shall be subject to on-site compliance inspections by the city. The inspection shall be conducted during regular business hours, with at least twenty-four hours’ notice unless public health or safety requires otherwise.

b. Air Quality and Odor. All indoor cultivation operations and any drying, aging, trimming and packing facilities shall be equipped with odor control filtration and ventilation system(s) to control odors, humidity, and mold. Cultivation sites may not create odors amounting to a nuisance and must comply with Cotati Municipal Code nuisance regulations.

c. Energy Use. Use of renewable energy for indoor cultivation is strongly encouraged and the city’s commercial cannabis permit application procedures may award credit for use of renewable energy. All permittees will be required to submit a detailed energy conservation plan which includes a description of devices which will enable proposed facility and activities to operate at or below energy usage parameters of the building’s occupancy classification. Energy usage shall not exceed that of the building’s intended occupancy class without additional review and prior approval by the city.

d. Hazardous Materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tank, aboveground storage tanks and AB 185 (hazardous materials handling) requirements and maintain any applicable permits for these programs from the Fire Prevention Division, Certified Unified Program Agency (CUPA) of Sonoma County Fire and Emergency Services Department or Agricultural Commissioner.

e. Hours of Operation. Indoor cultivation activities may be conducted seven days a week, twenty-four hours per day as needed, unless otherwise conditioned in a cannabis permit or otherwise prohibited by the base zone. Associated outdoor activities such as loading and unloading shall be limited to the hours of six a.m. to six p.m., unless a cannabis permit is obtained that allows otherwise.

f. Noise Limits. Cultivation operations shall not exceed the noise standards for industrial development set forth in Chapter 17.30.

g. Occupational Safety. Cultivators shall comply with all applicable federal, state, and local laws and regulations governing California agricultural employers, which may include: federal and state wage and hour laws, CAL/OSHA, OSHA and the California Agricultural Labor Relations Act.

h. Waste Management. A waste management plan addressing the storing, handling and disposing of all waste by-products of the cultivation and processing activities shall be submitted for review and approval by the city. This plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose of or reuse the wastes in compliance with any regulations adopted by the city council through resolution or ordinance.

All garbage and refuse on the site shall be accumulated or stored in nonabsorbent, water-tight, vector-resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight-fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on this site shall not be accumulated or stored for more than seven calendar days, and shall be properly disposed of before the end of the seventh day in a manner prescribed by the solid waste hauler or local enforcement agency. All waste, including but not limited to refuse, garbage, green waste, and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated from cannabis operations must be properly stored and secured to prevent access by the public.

i. Waste Water Discharge. A waste water management plan shall be submitted identifying the amount of waste water, excess irrigation and domestic waste water anticipated, pretreatment method (when applicable), as well as disposal method. All cultivation operations shall comply with all state regulations, any regulations adopted by the city council through resolution or ordinance and the discharger shall submit to the city verification of compliance with the waste discharge requirements of the applicable Regional Water Quality Control Board, or waiver thereof if needed. Excess irrigation water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, graywater or bioretention treatment system. All waste water discharged to the city sewer system shall comply with the city’s municipal code. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.

j. Water Supply. An on-site water supply source, adequate to meet all on-site uses on a sustainable basis, shall be provided. Trucked water shall not be allowed without prior authorization by the city. The on-site water supply shall be considered adequate with documentation of the following sources:

i. Recycled Water. The use of recycled process waste water from an on-site use or connection to a municipal recycled water supply for the cultivation use; provided, that an adequate on-site water supply is available for employees and other uses.

C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses.

1. Purpose. This subsection provides the locational, operational, and permit standards for any cannabis dispensary within the city in order to promote the health, safety, and general welfare of its residents and businesses. The standards in this section shall be in addition to standards contained in subsection A of this section, Standards for All Commercial Cannabis Uses, for all commercial cannabis uses.

2. Applicability. Storefront commercial cannabis retailer dispensaries and microbusinesses with retail activity (collectively “retail dispensary” or “retail dispensaries”) shall be permitted only in compliance with the requirements of this subsection C, and all other applicable requirements of subsection A of this section, Standards for All Commercial Cannabis Uses, the underlying zoning district and all other applicable requirements of the city’s municipal code, including Chapter 5.30, Cannabis Business Tax, and state and county agencies. These regulations do not apply to license Type 9, nonstorefront retailers, which is addressed under subsection D of this section, Standards for Manufacturing, Testing, Storage, Distribution and Nonstorefront Retail of Commercial Cannabis.

3. Permit Requirements and Application Procedure. A commercial cannabis permit for retail sales, issued in compliance with any applicable permit issued by the Sonoma County department of health services, shall be required to operate within the city of Cotati. Cannabis retail dispensaries shall also be subject to permit requirements and regulations established by the state and those established by the city council through resolution or ordinance, or by vote of the citizens of Cotati.

Additionally, cannabis retail dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements. Commercial cannabis permits for retail dispensaries shall be issued according to the following procedure:

a. The city council shall, following an open application period and review of applications by city staff and recommendations by the city manager or designee, consider commercial cannabis permit applications for retail dispensaries meeting all minimum qualifications at a properly noticed public hearing.

b. The city may adopt such forms, fees, and procedures as are necessary to implement this section with respect to the selection, investigation process, renewal, revocation, and suspension of cannabis retail permits. Such procedures may include a priority ranking system, and appointment of a staff review panel for cannabis retail permits.

c. The application must include, at a minimum, the following:

i. Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application for the cannabis retail dispensary permit, and shall include affidavits agreeing to abide by and conform to the conditions of the permit and all provisions of the Cotati Municipal Code pertaining to the establishment and operation of the cannabis retail use, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the cannabis retail permit shall, in no way, permit any activity contrary to the Cotati Municipal Code, or any activity which is in violation of any applicable laws.

ii. All necessary information related to the facility and its operators, including names, birth dates, addresses, social security numbers, relevant criminal history, relevant work history, names of businesses owned or operated by the applicant within the last ten years, investor and/or partner information, address and APN number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual’s privacy interests and public health and safety.

iii. Operating plan as required under subsection (C)(7) of this section.

iv. Security plan as required under subsection (A)(11) of this section.

v. Site plans pursuant to subsection (C)(9) of this section.

4. Limit on Number of Dispensaries. No more than two cannabis retail dispensaries shall be permitted within the city at any one time. All facilities authorized under this section must maintain a storefront which is open to the public. No more than one of these shall be a microbusiness with a Type 12 state license.

5. Specific to Microbusinesses. A Type 12 microbusiness license shall count as a retail dispensary under the limits on number of dispensaries in subsection (C)(4) of this section. Any commercial cannabis permit issued to a microbusiness with a Type 12 state license, or a state cannabis license type subsequently established, that contains a retail operation, will be subject to cannabis permit procedures and requirements for cannabis retail dispensaries under this section. Any commercial cannabis permit issued to a microbusiness with a cultivation or manufacturing component will also be subject to the applicable requirements of subsection B of this section, Standards for Commercial Cannabis Cultivation, or subsection D of this section, Standards for Manufacturing, Testing, Storage, Distribution and Nonstorefront Retail of Commercial Cannabis, as may be modified by the cannabis permit process.

6. Limit on Size of Dispensaries. Cannabis retail dispensaries shall not exceed four thousand square feet of public dispensing area, exclusive of area designated for administrative functions, secure or restricted access spaces, restrooms, or educational functions. The area is also exclusive of cultivation, cultivation support, packaging or manufacturing areas for Type 12 microbusiness license holders. Associated cannabis consumption cafes/lounges are not subject to this square footage limitation and will be considered on a case-by-case basis with the cannabis permit.

7. Compliance with Operating Plan and Conditions Required. In addition to the general requirements of subsection A of this section, Standards for All Commercial Cannabis Uses, a retail dispensary shall submit, as a part of the cannabis permit application, an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, hours and days of operation proposed. If permittee will hold a medical cannabis license type, the operating plan shall demonstrate methods and means of compliance with state requirements for medical dispensing, including doctor recommendations and photo identification. Any retail dispensary approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the facility is consistent with protection of the health, safety and welfare of the community, customers, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.

8. Location Requirements. Unless otherwise allowed under state law and as modified by this section:

a. A retail dispensary which is open to the public may only be located within the allowed zoning district(s) under Table 2-2 (Section 17.22.020).

b. A retail dispensary shall not be established on any parcel containing a dwelling unit, or within one hundred feet of a residential zoning district. Residentially zoned does not include mixed-use zoning for purposes of this chapter.

c. A retail dispensary shall not be established within six hundred feet of another cannabis retail dispensary or other commercial cannabis business. This rule shall not apply to the separate activities permitted as Type 12 microbusinesses.

d. A retail dispensary shall not be established within six hundred feet from any public or private school or licensed childcare facility.

e. A retail dispensary shall not be established within six hundred feet of any park, library, or youth center.

f. The distances listed above shall be measured between the nearest entrances of the retail dispensary or associated cannabis consumption cafe/lounge and the above listed use, along the shortest route intended and available for public passage.

9. Operating Standards. In addition to standards contained in subsection A of this section, Standards for All Commercial Cannabis Uses, the following are the minimum development criteria and operational standards applicable to any cannabis retail dispensary use:

a. The building in which the retail dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements.

b. The retail dispensary shall provide adequate security on the premises pursuant to subsection (A)(11) of this section, and any additional requirements in this section, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. The applicant shall submit a security plan for review and approval by the Cotati police department. The security plan will remain confidential.

c. The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to all underlying zoning requirements, director review, and approval. The community development director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting, and landscaping, already meet the requirements of this section.

d. No exterior signage or symbols shall be displayed which advertise the availability of cannabis using drug-related symbols which are attractive to minors or which are carried out in a manner intended to encourage persons under twenty-one years of age to consume cannabis or cannabis products, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior.

e. No person shall be allowed onto the premises unless they are an employee, customer, vendor or contractor of the retail dispensary, a primary caregiver, and/or a qualified patient or an employee of an agency having jurisdiction monitoring or investigating the terms of regulatory compliance. If the retailer denies entry for monitoring and inspection to any employee of an agency having jurisdiction, the facility may be closed. In strict accordance with California Health and Safety Code Section 11362.5 et seq., no person under the age of eighteen shall be allowed on a medical cannabis retail site unless allowed under state law, and no person under the age of twenty-one shall be allowed on a nonmedical cannabis retail site pursuant to California Business and Professions Code Section 26140. All persons entering the site, except as representing a regulatory agency, shall present a photo identification and shall establish proof of doctor’s recommendation if facility holds a medical retailer license. A doctor’s recommendation shall not be required for customers of a nonmedical cannabis retail facility. The operating plan submitted as a part of the cannabis permit application shall specify how this provision will be complied with and enforced.

f. No retail dispensary shall also hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.

g. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off site. Retail dispensaries shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis facility. As such, retail dispensaries must install and maintain the following equipment or any other equipment which the building official or designee determines has the same or better effectiveness:

i. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

ii. An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

h. No cannabis retail dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the cannabis permit. A retail dispensary may sell live starter (immature) plants, clones and seeds from qualified nurseries, but shall not cultivate or clone cannabis (unless the facility holds a microbusiness license from the state and such uses are allowed on the same premises under state and local laws). A retail dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the Department of Health Services. Not more than five percent of the dispensary area, up to a maximum of two hundred square feet, may be devoted to the sale of incidental goods for personal cannabis cultivation and use or promotional items such as clothing, hats or posters. Cannabis consumption cafes/lounges are not subject to the five-percent or two-hundred-square-foot limitation.

i. No cannabis shall be consumed on the premises. For purposes of complying with this requirement, the term “premises” includes the physical building and leasehold space, as well as any accessory structures, parking areas, sidewalks, driveways or other immediate surroundings except for permitted cannabis consumption cafes/lounges associated with cannabis retail dispensary.

j. No retail dispensary or associated cannabis consumption cafe/lounge may increase in size without amending its cannabis permit, as applicable. The size limitation shall be included in the operational plan required by subsection (C)(7) of this section.

k. A retail dispensary shall not have a physician on site to evaluate patients for medical cannabis.

l. Parking must meet the requirements of Chapter 17.36.

m. Retail dispensaries and cannabis consumption cafe/lounge operating hours shall be limited to: Monday through Sunday: eight a.m. to ten p.m.

If the licensee holds a Type 12 microbusiness license, cultivation and manufacturing hours shall be established and approved through the cannabis permit process.

n. Delivery. Delivery of cannabis is allowed by retail dispensaries. Delivery functions must be included in the cannabis permit materials and approved as a discrete function. Delivery functions shall be in conformance with state law and all of the following:

i. Deliveries can only be conducted between the hours of eight a.m. to ten p.m.

ii. Deliveries shall be made by an employee of the licensed retail dispensary and said employee shall carry with him/her at all times a physical copy of the city commercial cannabis permit and business license and state license when such a license is available. Licensed retail dispensaries shall comply with all state law and regulations pertaining to cannabis delivery.

o. Cannabis Consumption Cafe/Lounge. Cannabis permit applications or amendments to retail dispensary cannabis permits shall include a statement as to whether the use will include a cannabis consumption cafe/lounge. If included, the application shall clearly indicate the proposed area for the use and a detailed operational plan that demonstrates compliance with the requirements set forth in subsection A of this section, Standards for All Commercial Cannabis Uses, subsection C of this section, Standards for Storefront Commercial Cannabis Retail and Microbusinesses, Chapter 9.31, Smoking and Secondhand Smoke, and other local and state laws, permits and other applicable requirements.

Cannabis consumption cafe/lounge shall also be subject to the following requirements to be demonstrated to the city’s satisfaction in the cannabis permit application or amendment:

i. Patients or Customers. Only patients or customers twenty-one years of age or older are to be permitted entry to the cannabis consumption cafe/lounge and shall be posted as such in accordance with state law.

ii. The cannabis consumption cafe/lounge must be located on the same legal parcel as the associated retail dispensary.

iii. Only cannabis or cannabis products from the associated retail dispensary shall be brought into or delivered to the cannabis consumption cafe/lounge utilizing internal customer access following purchase between the retail and consumption areas or other secure internal automated means. Deliveries of cannabis or cannabis products to the cannabis consumption cafe/lounge, if any, shall only be allowed in accordance with the approved cannabis retail permit and state law.

iv. If permitted under state law and approved under the commercial cannabis permit, a cannabis consumption cafe/lounge preparing or selling noncannabis foods or beverages shall comply with all applicable provisions of the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code), as applicable. Cannabis consumption cafe/lounges preparing or selling noncannabis foods or beverages may be subject to additional cannabis permitting and inspection requirements of the Sonoma County health official, per subsection (A)(5) of this section. Adjustments to an existing retail dispensary permit to allow for the preparation or selling of noncannabis foods or beverages shall be subject to the review and approval of the city manager or his/her designated review authority.

v. A cannabis consumption cafe/lounge shall not allow the sale, consumption, or use of alcohol or tobacco on the premises.

vi. A cannabis consumption cafe/lounge shall only sell cannabis to a customer/patient in an amount that is reasonable and consistent with personal possession and use limits allowed by the state or is otherwise protective of customer/patient health and protects the public. Implementation of a responsible cannabis service program and safe driver program acceptable to the city is required, including means to effectively manage edible cannabis or other products with delayed onset intoxication.

vii. If permitted under state law and approved under the city retail dispensary permit, any retail sales of cannabis or cannabis products in the cannabis consumption cafe/lounge shall include appropriate controls and security of product inventory as well as cash handling and point of sale terminals, consistent with the requirements for retail dispensaries.

viii. Cannabis and cannabis products purchased at the associated retail dispensary or in the cannabis consumption cafe/lounge may be removed from their packaging and consumed in the permitted area. Cannabis and cannabis products not fully consumed must be resealed in their original packaging, placed in opaque packaging, and taken off site by the customer/patient.

ix. Ingestion of cannabis or cannabis products shall not be visible from any public place or non-age-restricted area.

x. The space occupied by a cannabis consumption cafe/lounge shall be definite and distinct from the space where other licensed activities are exercised and shall be accessed through a separate entrance.

xi. The entrance to the cannabis consumption cafe/lounge shall be clearly and legibly posted with a notice indicating that smoking and vaping of cannabis is prohibited on site or in the vicinity of the site, except in designated areas (as permitted in accordance with Chapter 9.31, Smoking and Secondhand Smoke, and state law).

p. Record Keeping. A cannabis retail dispensary shall maintain records in accordance with the state and local requirements of its license type.

If a retail dispensary sells medical cannabis, it shall maintain records using only the State of California Medical Marijuana Identification Card numbers issued by the county or the county’s designee, pursuant to California Health and Safety Code Section 11362.7 et seq., as a protection for the confidentiality of the cardholders. The retail dispensary shall track when members’ medical cannabis recommendations and/or identification cards expire and enforce conditions of membership by excluding members whose identification cards or recommendations are invalid or expired. The facility shall maintain member records in a manner to protect confidential information in the records if the records contain information protected by applicable law, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Public Law 104-191. A medical retail dispensary shall exclude members who are caught diverting cannabis for nonmedical use. All membership records shall be maintained on site.

i. A retail dispensary shall, by using the patient’s or caregiver’s identification number, keep an accurate account of the number of members who visit the dispensary each month, and also for the entire permit year.

ii. The retail dispensary shall keep accurate records, follow accepted cash handling practices and maintain a general ledger of cash transactions.

iii. The retail dispensary shall allow the city to access the books, records, accounts and all data relevant to its operations for purposes of conducting an audit or examination to determine compliance with the municipal code, administrative regulations, conditions of approval, and applicable laws. Books, records, accounts and all relevant data shall be produced no later than twenty-four hours after receipt of the city’s request.

q. Required Signage. The following signs, in measurements of not less than eight by ten inches, shall be clearly and legibly posted in a conspicuous location inside the retail dispensary where they will be visible to customers in the normal course of a transaction, stating:

i. “The dispensing of cannabis without a state license is illegal.”

ii. “Use or consumption of cannabis on this premises or property is prohibited.” Cannabis consumption cafe/lounges are exempted from this requirement in the permitted consumption area.

iii. For retail dispensaries: “All visitors to this premises must be at least 21 years of age, or, at least 18 years of age and able to show a government issued medical cannabis ID card in accordance with California Health and Safety Code Section 11362.7 et seq.” Cannabis consumption cafe/lounges are required to post the following in the permitted consumption area: “All visitors to this premises must be at least 21 years of age.”

D. Standards for Manufacturing, Testing, Storage, Distribution and Nonstorefront Retail of Commercial Cannabis.

1. Permits shall be issued by the city council according to the requirements of subsection (A)(7) of this section and this subsection D and may include conditions of approval.

2. Additional Operating Standards. In addition to the requirements of subsection A of this section, any base zone requirements, and all state laws and regulations, commercial cannabis uses permitted under this section shall also comply with the following operational standards:

a. Facilities shall not be open to the general public.

b. Extraction Processes. Manufacturers shall utilize only extraction processes that are (i) solvent free or that employ only nonflammable, nontoxic solvents that are recognized as safe pursuant to the federal Food, Drug and Cosmetic Act, and/or (ii) use solvents exclusively within a closed loop system that meets the requirements of the federal Food, Drug and Cosmetic Act, including use of authorized solvents only, the prevention of off-gassing, and certification by a California licensed engineer.

c. No closed loop systems shall be utilized without prior inspection and approval of the city’s building and fire code officials.

d. Standard of Equipment. Extraction equipment used by the manufacturer must be listed or otherwise certified by an approved third-party testing agency or licensed professional engineer and approved for the intended use by the city’s building and fire code officials.

e. Annual Recertification Required. Extraction equipment used by the manufacturer must be recertified annually and a report by a licensed professional engineer on the inspection shall be maintained on site.

f. Food Handler Certification. All owners, employees, volunteers or other individuals who participate in the production of edible cannabis products must be state certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the manufacturer’s facility where that individual participates in the production of edible cannabis products.

g. Edible Product Manufacturing. Cannabis businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County health permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq. and Sonoma County health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.

3. Permit Requirements and Restrictions. The following limits on number and location of commercial cannabis facilities apply:

a. The number of permits issued under this section shall not exceed a total of seven. These limits do not apply to Type 11 distribution license types issued in conjunction with another allowable type. Only standalone Type 11 license types shall count toward the total number of allowable permits. No more than one of these permits may be issued to a Type 9 nonstorefront retailer license holder. The remaining permits may be issued among the allowable types identified in Table 2-2, Allowed Land Uses and Permit Requirements – Cannabis Uses, of Section 17.22.020, in any combination. Permittees who obtain state licenses for both adult (recreational) and medical uses for the same premises shall require one commercial permit from the city.

b. Specific to Nonstorefront Retailers. Any commercial cannabis permit issued to a non-storefront retailer with a Type 9 license, or a state cannabis license type subsequently established, will be subject to the requirements set forth in this subsection D and not those set forth in subsection C of this section, Standards for Storefront Commercial Cannabis Retail and Microbusinesses, for storefront retailers. In addition, the following specific requirements shall apply. Nonstorefront retailers:

i. May not be located within six hundred feet of a cannabis retailer with a storefront. There is no spacing or distance requirement to any other commercial cannabis business.

c. No facility permitted under this section shall be located on any parcel containing a dwelling unit, nor within six hundred feet of any school, or within one hundred feet of a residential zoning district.

d. The distances listed above shall be measured between the nearest entrances of the cannabis facility and the above listed use, along the shortest route intended and available for public passage.

e. All Level II manufacturing facilities require a cannabis permit issued in accordance with Section 17.62.050. All cannabis permits issued for a Level II manufacturing facility shall include the following provision: “This cannabis permit shall expire upon change of tenancy or sale or transfer of the business.”

4. Manufacturing and delivery operations shall be subject to additional permitting and inspection requirements of the Sonoma County health official, per subsection (A)(5) of this section.

E. Grounds for Permit Revocation or Modification. Noncompliance with any requirement of this section shall be treated as a violation of the city’s municipal code and permits issued may be revoked or modified in accordance with Section 17.89.070(C) and the city shall have the right to recovery of all costs to revoke or modify the permit in accordance with Section 17.89.080 and to levy fines in accordance with the city’s adopted bail schedule. (Ord. 908 § 5 (Exh. 1 § 8), 2022; Ord. 885 § 2 Exh. A (part), 2019: Ord. 883 § 3, 2018).

17.42.210 Personal and medical cannabis cultivation.

A. Purpose. This section provides the standards for personal and medical (including qualifying patients and caregivers) cannabis cultivation in order to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, and provide safe, legal access to cannabis. Each of these use categories is hereinafter referred to as personal cultivation.

B. Applicability. Personal cannabis cultivation shall be permitted only in compliance with the requirements of this section and Section 17.42.200, state law and all other applicable requirements of the underlying base zone. In addition to the requirements of this section, personal cannabis uses shall comply with all other applicable provisions of the city’s general plan and municipal code, including Chapter 5.30, Cannabis Business Tax, as applicable. This section is applicable to the requirements and limitations of personal cultivation only. Commercial cannabis uses are regulated by Section 17.42.200. It is unlawful to cultivate, distribute, manufacture, test or transport cannabis in amounts that exceed personal use allowances under California law within the city without a valid permit issued pursuant to the provisions of Section 17.42.200. Possession of other types of state or city permits or licenses does not exempt a personal cultivator from the requirements of this section.

C. Indoor personal cultivation of cannabis is allowed only in residential zones and in accordance with this section.

D. Personal Cannabis Cultivation. Personal cannabis cultivation for medical or adult (recreational) use shall be permitted in compliance with the provisions of Chapter 17.22 and shall be subject to the following standards and limitations:

1. The personal cultivation of cannabis is limited to no more than six plants per parcel, regardless of the number of qualifying adults who reside on the property and regardless of the presence of a secondary or accessory dwelling unit.

2. State law provides that an adult twenty-one years or older may cultivate up to six cannabis plants inside his or her dwelling or authorized accessory structure.

3. Any cultivator claiming qualified patient or primary caregiver status shall maintain an identification card with the state of California for medical cannabis use or a qualifying doctor’s written recommendation.

4. Permitting.

a. A permit is not required for personal, non-commercial, cannabis cultivation; however, cultivation activities must comply with all standards of this section and are subject to inspection by the city and fire agency.

5. Cultivation.

a. Cultivation shall be for personal or qualifying patient use and no commercial cultivation of cannabis shall be permitted in any residential zones.

b. The individual cultivating the cannabis must reside on the property.

c. Cultivation shall not occur in any required front or side yard setback and shall maintain a minimum ten-foot rear setback.

d. Cultivation activities shall not be visible from any public right-of-way.

e. Cannabis shall not be accessible to minors. All areas, enclosures and structures used for cannabis cultivation shall have security measures sufficient to prevent access by minors or other unauthorized persons.

f. If the individual cultivating the cannabis is a tenant on the parcel where cultivation occurs, he or she shall obtain permission of the owner of the property authorizing the cultivation of cannabis on the property and must be able to provide proof of consent to any authorized agency official.

g. Required parking, whether covered or uncovered, shall not be converted for the purpose of cannabis cultivation.

h. Adequate mechanical locking or electronic security systems must be installed as part of any full enclosed and secure structure or the residence prior to commencement of cultivation.

i. The use of volatile solvents to manufacture cannabis products for personal consumption is prohibited. Any harvesting, processing or manufacturing methods shall be limited to those that are solvent free or that employ only nonflammable, nontoxic solvents that are recognized as safe pursuant to the federal Food, Drug and Cosmetic Act.

j. All practical measures shall be employed to prevent nuisance odors. This means that all structures used shall be equipped with odor control filtration and ventilation systems such that the odors of cannabis cannot be readily detected from outside the structure.

k. The use of air conditioning and/or ventilation equipment shall comply with noise limits of the municipal code. The use of generators is prohibited, except as shortterm temporary emergency back-up systems.

l. Cultivation shall remain at all times a secondary or accessory use of the residence and the primary purpose of the residence shall at all times be as a dwelling.

m. All personal cannabis cultivation shall comply with the best management practices for cannabis cultivation issued by the Sonoma County Agricultural Commission for management of waste, water, erosion control and fertilizer and pesticide management.

n. A portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation. If cultivation occurs in a residence, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

o. The structure must be completely enclosed and if attached to the primary residential structure, must comply with all applicable California building, electrical, fire and zoning codes, as adopted by the city. If detached from the residence, it must comply with all applicable California building, electrical and fire codes, as adopted by the city, and have a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through. Exterior walls must be constructed with nontransparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

p. The cultivator must be able to demonstrate that the indoor cultivation process is equipped with all necessary measures to protect the health, safety and welfare of other residents, cause no permanent damage to a dwelling unit, and that no sound or odor produced by the activity will exceed adopted thresholds for the zone. The city may, from time to time, adopt more stringent operational procedures for personal cultivation. Cultivators are obligated to comply, regardless of the date of initiation of their individual activities.

q. Cultivation activities shall not utilize grow lights that exceed one thousand two hundred watts. Illumination must comply with all other applicable municipal code requirements for light impacts on neighboring properties.

6. Violations. Noncompliance with any requirements of this section shall be treated as violations of the city’s municipal code and shall be noticed, charged and abated in accordance with procedures established in Chapter 17.89 and the city’s adopted bail schedule. (Ord. 883 § 4, 2018).