Chapter 19.50
SPECIAL USE STANDARDS

Sections:

19.50.010    Purpose and applicability.

19.50.020    Agricultural structures.

19.50.030    Bed and breakfast inns.

19.50.032    Cannabis activities.

19.50.033    Emergency shelters.

19.50.035    Formula businesses.

19.50.040    Home occupations.

19.50.050    Live/work units.

19.50.060    Outdoor dining, display, and sales standards.

19.50.070    Produce stands.

19.50.080    Residential accessory uses and structures.

19.50.090    Accessory dwelling units.

19.50.100    Service stations.

19.50.110    Vacation rentals.

19.50.120    Wine tasting facilities and wine bars.

19.50.130    Tap rooms.

19.50.010 Purpose and applicability.

A. Purpose. This chapter provides site planning and development standards for land uses that are allowed by SMC 19.10.050, Allowable land uses and permit requirements.

B. Applicability.

1. All Zoning Districts. Except as otherwise specified, the standards of this chapter apply to all zoning districts (e.g., residential, commercial, manufacturing, etc.), and therefore are combined in this chapter.

2. Considered in Combination. These standards shall be considered in combination with the standards for each zoning district in Division II, Community Design, and for each subarea in Division III, Project Design.

3. In Case of Conflict. Where there may be a conflict, the standards specific to the zoning district shall override these general standards.

4. Compliance. All new or modified structures and uses shall comply with the standards of this chapter as determined applicable by the city planner, except as specified in Chapter 19.82 SMC, Nonconforming Structures, Uses and Parcels. (Ord. 03-2012 § 2(A), 2012; Ord. 2003-02 § 3, 2003).

19.50.020 Agricultural structures.

This section provides requirements for the location and establishment of agricultural structures (e.g., barns, corrals, greenhouses, sheds, stables, etc.) which shall be subject to the following criteria and standards:

A. Required Setbacks.

1. Minimum Setbacks. All agricultural structures shall be located a minimum of 30 feet from any existing on-site dwelling, and 30 feet from any building line/site on an adjoining parcel.

2. Compliance. Animal enclosures shall also comply with the accessory structure setbacks identified in SMC 19.50.080, Residential accessory uses and structures, or side setbacks of 10 feet from interior property lines and 25 feet from a street-side property line, whichever are more restrictive.

B. Animal Keeping Standards. In addition to the requirements set forth in Chapter 8.08 SMC, the following standards shall apply to the keeping of animals within agricultural structures:

1. Minimum Parcel Size. Animals shall be maintained only on parcels with a minimum area of one acre;

2. Agricultural Structures with Openings. All agricultural structures with openings (e.g., doors, windows, etc.) shall:

a. Be located a minimum of 200 feet from the nearest church, dwelling used for human habitation (other than the residence of the owner of the animal), hospital, or school; and

b. Be set back at least 30 feet from any public right-of-way, except an alley.

C. Additional Livestock Standards. In addition to the requirements set forth in Chapter 8.08 SMC, the following standards shall apply to the keeping of livestock:

1. Livestock Corrals. Livestock corrals, or any agricultural structures used for livestock, shall:

a. Not be located closer than 30 feet to:

i. The public right-of-way upon which the parcel faces, except an alley;

ii. A dwelling on the same parcel;

b. Not be located in a required front setback; and

c. Be enclosed by a fence of suitable and durable corral-type materials, at least four feet in height.

2. Poultry and Rabbits. Poultry and/or rabbits may be kept and maintained in any residential zoning district, but only in compliance with the following provisions. Poultry and/or rabbits shall be kept:

a. To the rear of all front setbacks;

b. At least 20 feet back from any public right-of-way, except an alley; and

c. A minimum distance of five feet from all side and rear property lines, unless there is a solid fence or solid side of a structure (without openings), with a minimum height of five feet, between the poultry and/or rabbits and the adjoining property.

D. Residential Character and Scale. New agricultural structures, or additions to existing structures, shall maintain the established residential character and scale of existing on-site structures.

E. Processing Agricultural Products. Facilities that process agricultural products from the same site, or within a contiguous agricultural area, shall be located to provide convenient truck access with a minimum of interference to normal pedestrian or vehicular traffic.

F. Building Permit Required. A building permit shall be required for all structures larger than 120 square feet.

G. Sale of Agricultural Products.

1. Permanent Structures. Permanent structures shall not be constructed, erected, or permanently maintained primarily for the sale of agricultural products; and

2. Temporary Structures. A temporary structure may be erected with temporary use permit approval, in compliance with SMC 19.54.030, and the standards identified in SMC 19.50.070, Produce stands.

H. Pre-Existing Uses. Any legally established noncommercial and nonconforming agricultural structure(s) that became nonconforming upon adoption of this development code shall be allowed to continue subject to the provisions of SMC 19.82.020, Restrictions on nonconforming uses and structures. (Ord. 2003-02 § 3, 2003).

19.50.030 Bed and breakfast inns.

This section provides requirements for the establishment and operation of bed and breakfast inns.

A. Permit and Operational Requirements. The approval and operation of a bed and breakfast inn shall be subject to the following requirements:

1. Conditional Use Permit Required. The establishment and operation of a bed and breakfast inn shall require the approval of a conditional use permit in compliance with SMC 19.54.040;

2. Business License Required. A business license is required for the establishment and operation of a bed and breakfast inn;

3. Maximum Number of Rooms. Bed and breakfast inns shall be limited to five rental guest rooms plus accommodations for the manager/owner;

4. On-Site Management. An on-site manager shall maintain residence on the subject site;

5. Maximum Length of Stay. Visitor occupancy shall be limited to a maximum of 29 consecutive days;

6. Provision of Meals.

a. Limitations. Food service shall be limited to breakfast served to registered overnight guests only;

b. Guestroom Cooking Facilities Prohibited. Cooking facilities in individual rental guestrooms are prohibited;

7. Other Uses. Amplified music, lawn parties, outdoor weddings, or similar activities shall not occur on site unless specifically allowed by the required conditional use permit;

8. Fence Requirements. Where the site of a proposed bed and breakfast inn adjoins a residential zoning district, a six-foot high solid decorative fence of masonry and wood or solid masonry shall be erected and permanently maintained along the side and rear property lines;

9. Signs. Signs shall identify the establishment as an inn and not as a hotel, lodge, motel, or similar use. Signs shall be limited to two square feet, shall be subject to the approval of the city’s design review and historic preservation commission, and shall comply with the applicable standards of SMC Title 18, Signs and Display Advertising;

10. Waste Collection and Disposal. Waste collection areas shall be clearly designated on the proposed site plan. Areas shall be clearly accessible for pickup and shall be screened from view with solid walls and landscape materials. Waste disposal pickup bins (dumpsters) shall not occupy any required parking space(s) or intrude into required access drives;

11. Lighting Restrictions. Low-intensity safety and security lighting for parking areas and structures shall be required as a security and safety measure, shall not reflect on adjoining properties, and shall be confined to ground lighting wherever possible;

12. County Approvals Required. Applicants for bed and breakfast inns shall receive written approval of the county public health department and sanitation district before the business becomes operational.

B. Neighborhood Concentration. In the review of a use permit application for a bed and breakfast inn, the planning commission shall consider the following guidelines:

1. Bed and breakfast inns on contiguous lots are discouraged.

2. A concentration of bed and breakfast inns that would damage the residential character of a neighborhood is discouraged.

C. Design and Character Compatibility.

1. Unique Residential Structures. Bed and breakfast inns are limited to the adaptive conversion and reuse of, or reproductions of, architecturally or historically unique residential structures, which are compatible with the surrounding neighborhood.

2. Residential Character and Scale. New structures, or additions to existing structures, shall maintain the established residential character and scale, consistent with other on-site structures and the surrounding neighborhood.

3. Accessory Structures Not for Guests. Accessory structures shall not be used for rental guest rooms.

4. Increase in Guest Rooms Prohibited. Additions to existing structures which would increase the number of rental guest rooms shall not be allowed except through conditional use permit review (see SMC 19.54.040). (Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.50.032 Cannabis activities.

This section sets forth requirements for the establishment and operation of uses involving cannabis in zoning districts where they are allowed pursuant to SMC 19.10.050 (Allowable land uses and permit requirements).

A. Personal, Indoor Cultivation. The indoor cultivation of medicinal and/or nonmedicinal cannabis shall only be permitted on a parcel with an approved private residence and shall only be conducted within a fully enclosed and secure structure or within a residence. Such cultivation shall be in conformance with the following minimum standards:

1. The primary use of the parcel shall be for a residence. Cannabis cultivation is prohibited as a home occupation.

2. All areas used for cultivation of cannabis shall comply with SMC Title 14 (Buildings and Construction), as well as applicable law, specifically including that the residence have: (a) a permanent connection to a public water source drawing water; and (b) a connection to a public sewer system, and there not exist: (a) unlawful or unpermitted surface drawing of water for such cultivation; and/or (b) illegal discharges of water from the parcel.

3. Indoor grow lights shall not exceed 1,000 watts per luminaire, and shall comply with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 14.10 SMC (Construction Codes). Lights shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.

4. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited.

5. Any fully enclosed and secure structure or residence used for the cultivation of cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that complies with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 14.10 SMC (Construction Codes).

6. A fully enclosed and secure structure used for the cultivation of cannabis shall be located in the rear yard area of the parcel and must maintain a minimum 10-foot setback from any parcel line and comply with all other applicable provisions of this title. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. A fully enclosed and secure structure shall comply with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 14.10 SMC (Construction Codes).

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

8. Cannabis cultivation shall be limited to six cannabis plants per private residence, and as consistent with state law for qualified patients and caregivers, regardless of how many individuals reside at the private residence.

9. Medical cannabis shall only be cultivated by:

a. A qualified patient exclusively for his or her own personal medical use but who does not provide, donate, sell, or distribute medical cannabis to any other person and who can provide a written doctor’s recommendation to the city; or

b. A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides medical cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765(c).

10. Nonmedical Cannabis Cultivation. For persons other than qualified patients or primary caregivers, all personal cultivation shall be conducted by persons 21 years of age or older.

11. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.

12. Indoor cultivation of cannabis shall only take place on impervious surfaces and shall be limited to a single location within the residence or the fully enclosed and secure structure.

13. From the ground level of a street, public right-of-way or adjoining parcel, there shall be no visible evidence whatsoever of cannabis cultivation occurring anywhere on the parcel.

14. Cannabis cultivation areas, whether in a fully enclosed and secure structure or inside a residence, shall not be accessible to persons under 21 years of age (unless the person is a qualified patient or primary caregiver, in which case access is permissible by these persons but the cannabis can only be used for medicinal purposes).

15. Indoor cultivation may only be conducted by a full-time resident responsible for the cultivation. Written consent of the property owner to cultivate cannabis within the residence or in a fully enclosed and secure structure shall be obtained and shall be kept on the premises, and available for inspection by the building official or his/her designee. If there is more than one owner of the residence, all owners must have acknowledged, consented to and granted permission to the authorized grower for the cultivation. The written consent shall be dated and signed by the owner or owners of the residence. The written consent shall be valid for 12 months from the signing of the written consent. If ownership of the residence changes during the 12-month period after the previous owner or owners had granted permission for the cultivation, the authorized grower must obtain, within 30 days of the change of ownership, a new permission statement from the new owner or owners of the residence. Upon request, the authorized grower shall provide the written consent from the owner or owners of the residence as proof that the owner or owners have acknowledged, consented to and granted permission to the authorized grower.

16. If cultivation occurs in a fully enclosed and secure structure, 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. If cultivation occurs in a residence, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

17. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators to power any cultivation equipment is prohibited, except as an emergency back-up system. The use of extension cords in the cultivation room is likewise prohibited.

18. Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting personal cultivation of cannabis by tenants.

19. Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.

20. Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this code.

21. The area of cultivation shall not adversely affect the health or safety of the occupants of the private residence or the parcel or any other property by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, mold, or other impacts, and shall not be maintained as to constitute a hazard due to use or storage of materials, processes, products or wastes.

22. The cannabis plants shall be in a locked space so to prevent access by children, visitors, casual passersby, vandals, or anyone not authorized to possess cannabis.

23. The following regulations apply to the disposal of cannabis waste on residential property:

a. Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property.

b. Cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any nonconsumable solid waste with a resulting mixture of at least 50 percent noncannabis waste.

24. Cannabis cultivation except as conducted in full compliance with this section is strictly prohibited indoors.

B. Personal, Outdoor Cultivation. The outdoor cultivation of medicinal and/or nonmedicinal cannabis is prohibited except when conducted in conformance with the following minimum standards:

1. A maximum of three plants on no more than 50 square feet in total per parcel with a private residence is allowed for outdoor cultivation of cannabis for personal use. The maximum number of plants and square footage established under this section shall be the maximum allowable under this code regardless of the number of persons, qualified patients, and primary caregivers residing at the property. It is the desire of the city that any cultivation that may be necessary for medicinal uses in excess of the limits in this subsection shall be conducted indoors in all cases. Accordingly, at no time may there be more than three plants cultivated outdoors on any parcel. For the purposes of this section, the area used to cultivate cannabis shall be measured by the aggregate area of vegetative growth of live cannabis plants on the premises.

2. Outdoor cultivation may only be conducted by a full-time resident responsible for the cultivation. Written consent of the property owner to cultivate cannabis outdoors shall be obtained and shall be kept on the premises, and available for inspection by the building official or his/her designee. If there is more than one owner of the residence, all owners must have acknowledged, consented to and granted permission to the authorized grower for the cultivation. The written consent shall be dated and signed by the owner or owners of the residence. The written consent shall be valid for 12 months from the signing of the written consent. If ownership of the residence changes during the 12-month period after the previous owner or owners had granted permission for the cultivation, the authorized grower must obtain, within 30 days of the change of ownership, a new permission statement from the new owner or owners of the residence. Upon request, the authorized grower shall provide the written consent from the owner or owners of the residence as proof that the owner or owners have acknowledged, consented to and granted permission to the authorized grower. All outdoor cultivation of cannabis may only occur on a parcel on which the private residence of the authorized grower is located. The authorized grower may only cultivate cannabis on one parcel.

3. Outdoor cultivation shall not occur in the front or side yards. All outdoor cultivation shall occur in the rear yard and be set back by a minimum of 10 feet from all parcel property lines.

4. All outdoor cultivation shall not be closer to an existing private residence on an adjoining parcel than to the private residence of the authorized grower on the parcel whereon the outdoor cultivation site is located.

5. All outdoor cultivation shall be screened with a solid fence from all public rights-of-way, private access easements, and exterior property lines of the parcel where the outdoor cultivation takes place to prevent any evidence of cultivation being visible at ground level from any adjoining properties, streets, public rights-of-way, school properties, or easements.

6. The parcel where the outdoor cannabis is cultivated shall not be located within 600 feet of any school, church, park, library, fairgrounds, child care center, youth-oriented facility or the boundary of any incorporated city. Such distance shall be measured in a straight line from the fence or other enclosure to the nearest boundary line of the premises upon which the school, church, park, child care center, or youth-oriented facility is located. For the purposes of this article, a youth-oriented facility is any facility used for and predominantly occupied by individuals under 18 years of age, including, but not limited to, a boys or girls club, an indoor or outdoor soccer field, a little league baseball field, an amusement park, and a community swimming facility.

7. Exterior lighting systems shall be provided for security purposes in a manner sufficient to provide illumination and clear visibility to all outdoor areas of the premises, including all points of ingress and egress. Exterior lighting shall be stationary, fully shielded, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. All exterior lighting shall comply with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 14.10 SMC (Construction Codes).

8. The area for the outdoor cultivation of cannabis shall not adversely affect the health or safety of the occupants of the parcel or any other property by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, mold, or other impacts, and shall not be maintained so as to constitute a hazard due to use or storage of materials, processes, products or wastes.

9. All outdoor cultivation must be in accordance with applicable state and local regulations. Any accessory structures in which outdoor cultivation occurs shall fully comply with all permit requirements and other applicable provisions of the California Building Standards Code as adopted and amended by Chapter 14.10 SMC (Construction Codes).

10. It is hereby declared to be unlawful, a public nuisance and a violation of this code for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Sonoma to cause or allow such parcel to be used for the outdoor cultivation of cannabis, unless the person is authorized by state law to grow cannabis, and such authorized grower is in compliance with all requirements of this section.

11. A public nuisance may also be deemed to exist, if such activity produces: (a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; (b) repeated responses to the parcel or residence from enforcement officers; (c) a repeated disruption to the free passage of persons or vehicles in the immediate neighborhood; (d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; or (e) any other impacts on the neighborhood which are disruptive of normal activity in the area.

12. Outdoor cultivation shall not occur on parcels with multifamily dwellings or in mobile home parks.

C. Repealed by Ord. 04-2019. (Ord. 04-2019 § 2, 2019; Ord. 08-2018 § 1, 2018; Ord. 05-2018 § 2, 2018).

19.50.033 Emergency shelters.

This section provides development and operational requirements for emergency shelters, as defined in Division VIII, Chapter 19.92 SMC (Definitions).

A. Site Development Standards. In addition to any other applicable requirements of the development code and any other applicable statutes and regulations, all emergency shelter facilities shall be subject to the following development standards:

1. Client Intake and Waiting Area. Each emergency shelter facility shall provide an indoor client intake and waiting area.

2. Exterior Lighting. Exterior lighting shall be provided throughout the facility to ensure the safety of all persons on site. The placement, illumination, and shielding of such lighting shall be subject to the applicable provisions of the municipal code.

3. Proximity to Other Emergency Shelters. No emergency shelter facility shall be less than 300 feet from any other emergency shelter facility. In determining the distance between two emergency shelter facilities, the distance shall be measured from the property line of one facility to the nearest property line of another facility.

B. Permitted Amenities and Services. A proposed emergency shelter facility offering immediate and short-term housing may provide on-site supplemental services and amenities to the homeless individuals and families staying at such facility. These on-site services and amenities may include, but are not limited to, the following:

1. Recreation Area. An indoor and/or outdoor recreation area may be provided.

2. Counseling Center. A counseling center for job placement, education, health care, legal or mental services, or similar services intended to assist homeless clients may be provided.

3. Laundry Facilities. Laundry facilities, located within an enclosed structure may be provided.

4. Kitchen and Dining Hall. A kitchen for the preparation of meals serving on-site clients and a dining hall may be provided.

5. Client Storage. A client storage area for the personal belongs of the on-site clients may be provided.

C. Operational Standards. All emergency shelter facilities shall be subject to the following operational standards:

1. Maximum Stay. The maximum stay of any individual shall not exceed 120 days in a 365-day period.

2. Availability of Beds. Stays at an emergency shelter facility shall be on a first-come, first-served basis with clients housed on site. Clients shall have no guaranteed bed for the next night.

3. Hours of Operation. Clients may only be permitted on site and admitted to the emergency shelter facility between 5:00 p.m. to 9:00 a.m. All clients shall vacate the emergency shelter facility no later than 9:00 a.m.

4. Minimum Staffing Requirements. A minimum of one employee for each 15 beds within an emergency shelter facility shall remain awake and on duty during the emergency shelter facility’s hours of operation.

5. Counseling Referrals and Reporting. Any counseling programs are to be provided with referrals to outside assistance agencies.

D. Safety, Security, and Operational Plan. A safety, security and operational plan shall be submitted to the police chief for review and approval, prior to initial occupancy of an emergency shelter facility. The site-specific safety, security and operational plan shall address all of the following:

1. Facility Management. The provisions necessary to manage the ongoing emergency shelter facility’s needs, both on and off site, including, but not limited to, the separation of individual male and female sleeping areas, provisions of family sleeping areas, and the various services and functions of such facility shall be provided.

2. Client Congregation. The specific measures used by the emergency shelter facility to discourage clients from congregating off site and/or disturbing nearby uses during the hours when clients are not allowed on site at the emergency shelter facility.

3. Admittance and Discharge. Procedures for the daily management of admittance and discharge shall be provided.

4. Refuse Collection. The refuse collections schedule to provide the timely removal of associated client litter and debris on and within the vicinity of the emergency shelter facility shall be provided.

5. Alcohol and Drug Regulation. The provisions for addressing how the operator will ensure that the emergency shelter facility remains alcohol and illegal drug free at all times.

6. Contact Information. The operator shall provide the city with the most current contact information for the operator of the facility during the normal daytime business hours, and the nighttime contact information for the “person on duty” when the emergency shelter is receiving and housing clients. The appropriate email addresses, phone numbers and fax numbers shall be provided.

The safety, security and operational plan shall include a site plan and a floor plan of the emergency shelter facility. The safety, security and operational plan approved by the police chief shall remain in effect for the entire life of the emergency shelter facility, unless an amended plan is prepared by the operator and approved by the police chief. (Ord. 02-2014 § 3 (Exh. B), 2014).

19.50.035 Formula businesses.

A. Historic District. The establishment or expansion of a formula business within the historic district shall require the approval of a use permit in compliance with SMC 19.54.040.

B. Formula Business, Large. The establishment or expansion of a formula business, large shall require the approval of a use permit in compliance with SMC 19.54.040.

C. Additional Use Permit Findings Required. When use permit review is required, the planning commission shall approve, with or without conditions, the establishment or expansion of a formula business only if all of the following findings can be made, in addition to those identified in SMC 19.54.040, Use permits:

1. The formula business establishment will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;

2. The proposed use, together with its design and improvements, is consistent with the unique and historic character of Sonoma, and will preserve the distinctive visual appearance and shopping/dining experience of Sonoma for its residents and visitors.

The following additional finding is required for the granting of a use permit for formula businesses on sites located within the /P (plaza retail) district:

3. The formula business establishment will be compatible with existing uses in the zone and will promote the zone’s economic vitality as the commercial, cultural, and civic center of the community.

D. Prohibition on Formula Restaurants, Large. Formula restaurants, large are prohibited within the plaza retail overlay zone.

E. Exemptions. The provisions of this section shall not apply to formula businesses located or proposed to be located in the following shopping centers: (1) Sonoma Valley Center; (2) the Marketplace; (3) Maxwell Village; and (4) Fifth Street West Plaza. (Ord. 03-2012 § 2(B), 2012).

19.50.040 Home occupations.

A. Home Occupation Defined. A home occupation is a limited activity customarily conducted entirely within an enclosed residential dwelling unit or accessory structure and conducted only by its residents.

B. Basic Operating Standards. All home occupations shall comply with the following operating standards:

1. Main Residence. The location of the business shall be the main residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes;

2. Outdoor Storage Prohibited. Storage shall not occur out-of-doors, within a carport, or within an accessory structure;

3. Exterior Appearance.

a. There shall be no exterior indication of the home occupation activity from the adjoining public rights-of-way or from surrounding properties; or

b. The home occupation shall not be an impairment to the residential appearance of the facility within which the home occupation is conducted;

4. Alterations Prohibited. The home occupation shall not require any alteration(s) or modification(s) to the dwelling incompatible with residential use or that would change its occupancy classification in compliance with the city’s adopted Uniform Building Code;

5. Displays or Signs Prohibited. The home occupation shall not display window or advertising sign(s), merchandise, products, or stock in trade, or other identification of the home occupation on the premises. One name plate, not exceeding one square foot in total area, may be allowed by the city planner;

6. Equipment. Mechanical or electrical equipment shall not be installed or maintained other than that which is compatible with domestic residential use;

7. Articles Offered for Sale. Articles offered for sale shall be limited to those produced on the premises;

8. Only One Vehicle. Only one vehicle, with a capacity not exceeding one ton, may be used by the occupant directly or indirectly in connection with a home occupation;

9. Fire Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises;

10. Nuisances. The home occupation shall not cause or create offensive or objectionable levels of hazards or nuisances (e.g., cold, dirt, dust, electrical interference, fumes, heat, humidity, gas, glare, light, noise, odor, smoke, solid waste, toxic/hazardous materials, vibration, etc.), in excess of that customarily associated with similar residential uses;

11. Traffic Generation. The home occupation shall not generate additional pedestrian or vehicular traffic substantially greater than that normally associated with residential uses in the surrounding area;

12. Allowable Deliveries. The home occupation may receive up to two deliveries each day;

13. Maximum Hours of Operation. The home occupation shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. (except for child day care facilities).

C. Home Occupation Permit Required. Home occupations shall be allowed only through an administrative permit or a conditional use permit, as set forth in subsections (D) and (F) of this section.

D. Administrative Occupation Permit Procedures.

1. Application Review. Upon receipt of a complete administrative home occupation permit application, the city planner shall review the proposed home occupation for compliance with all applicable requirements of this section.

2. City Planner Action. The city planner shall take action to approve, conditionally approve, or deny the administrative home occupation permit.

3. Public Notice Not Required. A public notice or hearing shall not be required for the issuance of an administrative home occupation permit unless the city planner determines that the proposed home occupation is of a type or intensity that requires review by the planning commission. In those cases the permit shall be reviewed in compliance with subsection (F) of this section.

E. Limitations on Administrative Home Occupations. In addition to the basic requirements set forth in subsection (B) of this section, home occupations approved through an administrative permit shall be subject to the following limitations:

1. Location. Conduct of the home occupation shall be confined completely to the residential dwelling unit, and not within an accessory structure(s). A home occupation shall not impair the use of a garage in terms of providing required parking.

2. Maximum Allowable Floor Area. A home occupation shall not be allowed which requires more than one room or 20 percent of the gross floor area of the main floor.

3. Access. Access to the space devoted to a home occupation shall only be from within the main residential dwelling unit.

4. Employees Prohibited. A person(s) other than a resident of the residential dwelling unit shall not be employed in the conduct of the home occupation.

5. Allowable On-Site Visits. The home occupation may allow only one client, patient, or pupil to be present at any one time (except for child day care facilities).

F. Home Occupations Requiring a Conditional Use Permit. The following list identifies land use activities that may be allowable subject to the approval of a conditional use permit, in compliance with SMC 19.54.050, Use permits:

1. Use of an accessory structure;

2. Use requiring more than more than one room or 20 percent of the gross floor area of the main floor;

3. Uses which entail food handling, processing, or packing;

4. Teaching of organized classes with more than six persons at a time;

5. Specified additional uses: direct product distribution, pet grooming, or any other use or occupation which the city planner determines is similar in nature to the previously listed uses;

6. Having more than one home occupation in a dwelling unit; and

7. Having an employee on-site who is not a resident.

G. Terms of the Home Occupation Permit.

1. Permit Nontransferable. A home occupation permit shall only be in effect as long as the approved business is operated by the original resident applicant at the address of the property appearing on the application.

2. Change(s) Requires New Permit. Any change in ownership or tenancy from that appearing on the approved application shall result in the home occupation permit being deemed void.

H. Business License Required. A business license is required for the establishment and operation of a home occupation.

I. Prohibited Home Occupations.

1. Criteria. A home occupation is prohibited if it would result in any of the following conditions:

a. Not comply with the standards and criteria identified in subsection (B) of this section, Basic Operating Standards;

b. Be inconsistent with the General Plan and any applicable specific plan;

c. Threaten the health and safety of the citizens of the city;

d. Represent a use that would clearly conflict with the normal residential quality of the surrounding neighborhood.

2. Examples of Prohibited Home Occupation Uses. The following are examples of nonresi-dential uses that are not incidental to or compatible with residential activities, and are therefore prohibited as home occupations:

a. Adult businesses;

b. Animal hospitals or the boarding, caring, harboring, raising, training, or treatment of animals or birds for profit;

c. Dance or night clubs and music venues;

d. Maintenance and storage of equipment, materials, and other accessories for the construction and service trades;

e. Medical and dental offices, clinics, and laboratories (not including chiropractors and counselors/psychotherapists);

f. Mini self-storage;

g. Vehicle repair or storage (body or mechanical, including boats and recreational vehicles), upholstery, automobile detailing and painting and the display and sale of any vehicle(s);

h. Welding and machining; and

i. Other uses determined by the city planner not to be incidental to or compatible with residential activities. (Ord. 02-2012 § 3, 2012; Ord. 2003-02 § 3, 2003).

19.50.050 Live/work units.

A. Live/Work Defined. A live/work unit is defined as an area comprised of one or more rooms with cooking space and sanitary facilities in conformance with building code requirements and adequate working space available for and regularly used by persons residing therein. A live/work development is defined as one or more such units sharing a property or a building.

B. Conditional Use Permit Required. The establishment and operation of a live/work development shall require the approval of a conditional use permit in compliance with SMC 19.54.040.

C. Business License Required. A business license is required for each business conducted within a live/work development.

D. Residential Density Limitations Not Applicable. The residential density limitations of the General Plan and this development code are not applicable to live/work developments due to their commercial nature. The number of live/work units allowed within a live/work development shall be subject to the discretion of the planning commission.

E. Design and Operating Standards. Live/work developments shall comply with the following standards:

1. Minimum and Average Size. The minimum size of a live/work unit shall be 700 square feet and the average unit size within a live/work development shall not exceed 1,200 square feet.

2. Work and Residential Areas. The area within a live/work unit devoted to residential use (including sleeping area, kitchen, bathroom, and closet space) shall not exceed 70 percent of the area of the unit. A minimum work area of 300 square feet is required within a live/work unit.

3. Access. Each live/work unit shall have a clearly identified, separate access from other live/work units within the building.

4. Limitation on Outside Employees. No more than one person other than residents of the live/work unit shall be employed in the conduct of the work, except that additional employees may be allowed subject to the approval of a conditional use permit in compliance with SMC 19.54.040.

5. Limitations on Displays and Signs. A live/work development shall not display window or advertising sign(s), merchandise, products, or stock in trade. One directory or building identification sign may be allowed subject to the review and approval of the design review and historic preservation commission.

6. Parking. Parking shall be provided as required in Chapter 19.48 SMC, Parking and Loading Standards.

7. Open Space. For each live/work unit, a minimum of 250 square feet of open space shall be provided in any combination of public and private space approved by the planning commission.

8. Appropriate Uses. Live/work units are appropriate for an individual or a household with at least one individual employed as an accountant, architect, artist, artisan, attorney (or similar professional), consultant, counselor, designer, editor, financial planner, therapist, and other uses of a similar intensity.

9. Limitations on Outdoor Uses. Except for parking areas, only activities related to the residential component of a live/work development are allowed outside of the confines of the building.

F. Prohibited Uses.

1. Criteria. No use shall be allowed within a live/work development if it would:

a. Not comply with the standards and criteria identified in subsection (E) of this section, Design and Operating Standards;

b. Be inconsistent with the General Plan and any applicable specific plan;

c. Threaten the health and safety of residents of the development or the citizens of the city; or

d. Represent a use that would clearly conflict with other live/work activities or the character of the surrounding neighborhood.

2. Examples of Prohibited Uses. The following are examples of uses that are not compatible with residential activities, and are therefore prohibited within live/work developments:

a. Adult businesses;

b. Animal hospitals;

c. Classroom instruction;

d. Dance or night clubs and music venues;

e. Day care (except to serve residents of the live/work development);

f. Maintenance and storage of equipment, materials, and other accessories for the construction and service trades;

g. Medical and dental offices, clinics, and laboratories (not including chiropractors and counselors/psychotherapists);

h. Vacation rentals;

i. Other uses determined by the city planner to be incompatible with residential activities. (Ord. 06-2013 § 3, 2013; Ord. 02-2012 § 4, 2012; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.50.060 Outdoor dining, display, and sales standards.

This section provides development and operational requirements for the establishment of outdoor uses, including temporary outdoor displays and sales (subsection (A) of this section), permanent outdoor displays and sales (subsection (B) of this section), and outdoor dining and seating areas (subsection (C) of this section), which shall be subject to the following criteria and standards:

A. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of a temporary use permit, in compliance with SMC 19.54.030 and the following standards. In approving an application for a temporary use permit, the city planner may impose conditions deemed necessary to ensure that the permit would be in compliance with the findings required by SMC 19.54.030(H), Findings, Decision. These conditions may address any pertinent factors affecting the operation of the temporary use, and may include the following:

1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 10 consecutive days;

2. Landscaping. Landscaping may be required to ensure that the use has a pleasing appearance and that the screening requirements identified in subsection (B)(5) of this section are satisfied, subject to the approval of the city planner;

3. Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration;

4. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in subsection (A)(1) of this section;

5. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, in compliance with Chapter 19.48 SMC, Parking and Loading Standards;

6. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the city planner, may be required to ensure that any temporary facilities would be removed from the site within a reasonable time following the activity, the property would be cleaned of debris, or other evidence of the activity, and the site restored to its former condition;

7. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate;

8. Security. Provision for security and safety measures, if applicable;

9. Setbacks. Provision of appropriate setbacks to ensure separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the city planner; a minimum clearance of four feet shall be required;

10. Signs. Regulation of signs, in compliance with SMC Title 18, Signs and Display Advertising;

11. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

12. Waste Collection and Disposal. Provision for solid, hazardous, and toxic waste collection, recycling and/or disposal;

13. Development Code Compliance. A requirement that the approval of the requested temporary use permit is contingent upon a finding, by the city planner, that the activity would be in compliance with the applicable provisions of this section, the development code, and successful approval of all required permits from another department(s) or governing agency; and

14. Other Conditions. Other conditions that would ensure the operation of the proposed temporary activity in an orderly and efficient manner.

B. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise may be allowed subject to the approval of a conditional use permit in compliance with SMC 19.54.040, and shall comply with the following standards and guidelines:

1. Height of Displayed Materials. The outdoor display/sale of merchandise shall not exceed a height of seven feet above finished grade.

2. Location. Outdoor display/sale area(s) shall be located entirely on private property. They shall not encroach into required setbacks. In zoning districts where no setback is required, the outdoor area(s) shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed through the approval of a conditional use permit, in compliance with SMC 19.54.040.

3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved, and defined 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. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic.

4. Relationship to Main Use. The outdoor display/sales area(s) shall be directly related to a business occupying a permanent structure on the subject parcel.

5. Screening Required. Outdoor display/sales area(s) shall be screened from adjoining public rights-of-way by decorative walls, fences, and/or landscaping in compliance with SMC 19.40.100, Screening and buffering. Screening shall be provided to a height of one foot above the approved height of the merchandise and materials being displayed.

6. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display/sales area(s).

C. Outdoor Dining and Seating Areas. Outdoor dining and seating area(s) shall be allowed in conjunction with legally established restaurants and other food service uses, in compliance with the following standards:

1. Limitation on Seating. The number of seats in the outdoor dining and seating area(s) shall not exceed 25 percent of the amount of approved indoor seats; otherwise, a conditional use permit shall be required.

2. Alcoholic Beverage Sales. Areas in which alcoholic beverages would be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards. The dining and seating area(s) shall be:

a. Accessible from inside the restaurant only, unless the city planner waives or modifies this requirement in circumstances where this is not feasible or practical;

b. Clearly and physically defined. The area shall be clearly a part of the restaurant it serves; and

c. Supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages.

3. Parking Requirements. Outdoor dining and seating area(s) shall be calculated in compliance with Chapter 19.48 SMC, Parking and Loading Standards.

4. Clean-Up. Outdoor dining area(s), whether part of a restaurant or seating in common, shall be cleaned on a continual basis for removal of litter and food items that constitute a nuisance to public health and safety.

5. Design Compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented:

a. Associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements that are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s);

b. Awnings, plants, umbrellas, and other human scale elements shall be provided as necessary to enhance the pedestrian experience;

c. The relation of the outdoor seating area to churches, hospitals, public schools, and residential uses shall be considered by the city planner. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise;

d. Pedestrian or vehicular traffic flow shall not be obstructed, nor shall existing pedestrian or vehicular movement areas be removed;

e. A minimum setback of five feet from adjoining property lines or parking lots shall be provided.

6. Sidewalk Seating Permit. A sidewalk seating permit shall be required pursuant to Chapter 12.06 SMC, for any new outdoor seating on a public right-of-way that is not subject to use permit review. (Ord. 01-2011 § 3, 2011; Ord. 2003-02 § 3, 2003).

19.50.070 Produce stands.

This section provides requirements for the establishment and operation of produce stands in zoning districts where they are allowed by SMC 19.10.050, Allowable land uses and permit requirements.

A. Accessory Use.

1. Agricultural Production On-Site. A produce stand shall be allowed only as an accessory use to an agricultural production use on the same or immediately adjoining parcel.

2. Area Devoted to Agriculture. At least 50 percent of the area of the parcel shall be devoted to agricultural production.

3. Operator of the Stand. The operator of the produce stand shall be the owner or lessee of the land where the agricultural production occurs.

B. Laws and Regulations. Produce stand operations (including related agricultural operations) shall be subject to the laws and regulations administered by other city departments, the county public health department, the county agricultural commissioner’s office, as well as the requirements of other applicable agencies. (Ord. 2003-02 § 3, 2003).

19.50.080 Residential accessory uses and structures.

This section provides standards for accessory uses and structures allowed in the zoning district applicable to a parcel (see SMC 19.10.050, Allowable land uses and permit requirements). Accessory uses include any use that is customarily related to a residence, including carports, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops.

A. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character or scale of the parcel.

B. Attached Accessory Structures.

1. Structurally Part of the Main Structure. An accessory structure that is attached to a main structure shall be compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached to the main structure at a minimum of four points within 20 feet).

2. Compliance. An attached accessory structure shall comply with the requirements of this development code applicable to the main structure, including heights, setbacks, and site coverage.

3. Compatibility. Construction and the use of materials and colors shall be compatible with the main structure whenever feasible.

C. Detached Accessory Structures.

1. Minimum Separation. Detached accessory structures shall be separated from the main structure by a yard, open to the sky, having a minimum width of six feet.

2. Side and Rear Setbacks.

a. Detached accessory structures not exceeding nine feet in height, measured at the exterior wall line, 13 feet in height within 10 feet of any property line, and 15 feet at the highest point of the roof shall not be placed closer than five feet to a side or rear property line.

b. Detached accessory structures with an area of up to 120 square feet, and an overall height not exceeding eight feet, may be placed adjacent to a side or rear property line.

3. Prohibited in Specified Setbacks. Detached accessory structures are prohibited in required front and street-side setbacks, and in designated creek setback areas except as may be provided for in SMC 19.40.020, Creekside development.

4. Maximum Coverage. Within and in relation to the required rear yard area of a property, the coverage associated with detached accessory structures shall be limited as follows:

a. The total coverage of detached accessory structures shall not exceed 50 percent.

b. A swimming pool, covered patio or barbecue area shall not be deemed an accessory structure for the purpose of calculating coverage.

5. Height Limit. Detached accessory structures shall not exceed a height of 15 feet above finished grade.

6. Compatibility. Construction and the use of materials and colors shall be compatible with the main structure whenever feasible.

7. Building Permit Required. A building permit shall be required for all accessory structures with an area larger than 120 square feet.

8. Reconstruction. Detached accessory structures that existed before the adoption date of this development code, but do not meet the setback requirements identified in subsection (C)(2) of this section, may be reconstructed in their exact location provided the replacement structure is of the same size and height and there is no change of use. A demolition permit shall be issued before the demolition of the structure to be replaced (SMC 19.54.090).

D. Antennas. Antennas are subject to the provisions of Chapter 5.32 SMC, Telecommunications Facility and Antenna Criteria.

E. Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by the planning commission through an exception, in compliance with SMC 19.54.050.

F. Guest Rooms and Pool Houses. Guest rooms and pool houses shall be allowed subject to the following limitations:

1. No more than one guest room and one pool house shall be allowed on a single parcel unless a use permit is obtained.

2. Kitchen facilities shall not be allowed within a guest room or pool house.

3. Detached guest rooms and pool houses shall be limited to ground-floor construction, unless a use permit allowing a second floor is obtained from the planning commission.

G. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas, and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:

1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their invited guests; and

2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the city’s adopted Uniform Building Code.

H. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:

1. Fencing. Court fencing shall be subject to the height limits of Chapter 19.46 SMC, Fences, Hedges and Walls.

2. Lighting. Court lighting fixtures shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjoining property, in compliance with SMC 19.40.030, Exterior lighting.

I. Workshops or Studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc., is subject to the following provisions when located in a residential zoning district:

1. Limitation on Use. An accessory structure may be constructed or used as a studio or workshop in any residential zoning district solely for the following noncommercial activities:

a. Amusements or hobbies;

b. Artistic endeavors (e.g., painting, photography, or sculpture);

c. Maintenance of the main structure or yards;

d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or

e. Other purposes deemed similar by the city planner.

2. Floor Area. A workshop shall not occupy an area larger than 25 percent of the floor area of the main structure, except where a workshop is combined with a garage. In this case subsection (E) of this section, Garages, shall apply. (Ord. 2003-02 § 3, 2003).

19.50.090 Accessory dwelling units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city’s General Plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(7) of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this section, terms are defined as follows. Where there is a conflict between these definitions and those found elsewhere in this code, these definitions shall prevail for this section.

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a. An efficiency unit, as defined by Section 17958.l of the California Health and Safety Code; and

b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. “Efficiency kitchen” means a kitchen that includes a cooking facility with appliances, a limited food preparation counter, and storage cabinets. The entire kitchen shall not exceed six lineal feet, except that if existing counter space is being converted to efficiency kitchen use, then the counter space shall not exceed eight lineal feet.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that:

a. Is a minimum of 150 square feet and no more than 500 square feet in size;

b. Is contained entirely within an existing or proposed single-family structure;

c. Includes a separate entrance from the main entrance to the existing or proposed single-family structure;

d. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

e. Includes an efficiency kitchen, as defined in subsection (C)(4) of this section.

6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

8. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

9. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

10. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (E) of this section, it is allowed with only a building permit in the following scenarios:

a. Converted on Single-Family Lot. Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.

ii. Has exterior access that is independent of that for the single-family dwelling.

iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) of this section), if the detached ADU satisfies the following limitations:

i. The side and rear yard setbacks are at least four feet.

ii. The total floor area is 800 square feet or smaller.

iii. The peak height above grade is 16 feet or less.

c. Converted on Multifamily Lot. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this subsection.

d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:

i. The side and rear yard setbacks are at least four feet.

ii. The total floor area is 800 square feet or smaller.

2. ADU Permit.

a. Except as allowed under subsection (D)(1) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (E) and (F) of this section.

b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the planning and community services director and approved by the city council by resolution.

3. Process and Timing.

a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

b. The city must act on an ADU permit application or building permit application to create an ADU or JADU within 60 days from the date that the city receives a completed application, unless either:

i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

ii. In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (D)(1) or (D)(2) of this section:

1. Zoning.

a. An ADU or JADU subject only to a building permit under subsection (D)(1) of this section may be created on a lot in a residential or mixed-use zone.

b. An ADU or JADU subject to an ADU permit under subsection (D)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

4. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

5. Septic System. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

6. Owner Occupancy.

a. All ADUs created before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the ADU was created.

b. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the planning and community services director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a. The ADU or JADU may not be sold separately from the primary dwelling.

b. The ADU or JADU shall be restricted to the floor area granted at the time of building permit. Any owner wishing to incorporate the floor area of the ADU or JADU back into the primary dwelling unit must request termination of the ADU or JADU use under this section, satisfying all zoning and development standards such as setbacks, floor area and lot coverage.

c. Owner-occupancy is required for parcels with a JADU, consistent with subsection (E)(6)(b) of this section.

d. The deed restriction runs with the land and may be enforced against future property owners.

e. The deed restriction is enforceable by the planning and community services director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section:

1. Maximum Size.

a. The maximum size of a detached or attached ADU subject to this subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.

b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c. A detached ADU exceeding 650 square feet in floor area that is created on a lot with an existing single-family dwelling is further limited to 50 percent of the floor area of the existing single-family dwelling.

d. Application of other development standards in this subsection (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR lot coverage, or open-space requirements may require the ADU to be less than 800 square feet.

2. Floor Area Ratio (FAR) and Lot Coverage. An ADU shall conform to all lot coverage and floor area ratio regulations applicable to the zoning district in which the property is located, subject to subsection (F)(1)(d) of this section.

3. Setbacks.

a. No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

b. A setback of four feet from the side and rear lot lines is required for detached and attached ADUs.

c. Front setbacks shall comply with those established in the zoning district where the parcel is located. Detached accessory dwelling units shall comply with front setback restrictions for accessory structures while attached accessory dwelling units shall comply with front setback restrictions for primary structures.

4. Height.

a. A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure.

b. A second story or two-story attached ADU may not exceed the height of the primary dwelling.

5. Location. A detached ADU shall be separated from the main dwelling unit a minimum of 10 feet.

6. Parking.

a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(10) of this section.

b. Exceptions. No parking under subsection (F)(6)(a) of this section is required in the following situations:

i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(9) of this section.

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

iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) of this section.

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

v. When there is an established city-approved car share vehicle stop located within one block of the ADU.

c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. Architectural and Building Form Requirements.

a. An ADU shall include a kitchen for cooking and eating and other permanent provisions for living and sleeping, including a closet or other reasonable storage.

b. An ADU shall be similar in materials, color, style, and form of the primary residence. Architectural details, including, but not limited to, windows, roof pitch, and trim shall be similar to the main building on the property.

c. Lighting shall be shielded or directed so that it does not glare off site or illuminate the primary residence or adjacent property.

d. Windows shall be located to avoid line of sight to windows of adjacent properties. Obscured glass and other techniques may be used to avoid line of sight.

e. An ADU shall have a separate exterior access. The exterior access shall be a standard exterior door and shall be located in a manner that will preserve, to the greatest extent feasible, the privacy of the primary residence, other accessory structures, and any adjoining residences.

f. A permanent foundation shall be required for all ADUs.

G. Fees.

1. Impact Fees.

a. No impact fee is required for an ADU that is less than 750 square feet in size.

b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Utility Fees.

a. Converted ADUs and JADUs on a single-family lot, created under subsection (D)(1)(a) of this section, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home.

b. All ADUs and JADUs not covered by subsection (G)(2)(a) of this section require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (G)(2) of this section may be allowed by the city with a use permit, in accordance with the other provisions of this title.

I. Termination of Permit and Use for ADUs and JADUs.

1. Termination of Permit

a. No building permit shall be issued to remove permanent features of an ADU, including the provisions for eating, cooking and sanitation, and separate exterior entrance until written approval to terminate the use of living space as an ADU or JADU is granted by the planning and community services director or his or her designee.

b. At its discretion, the planning and community services director may grant an owner’s written request to terminate an ADU or JADU and deed restriction. The planning and community services director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the ADU or JADU, and the impact on the city’s affordable housing supply.

c. As a condition of termination, the planning and community services director shall require the owner to make modifications to the property to comply with: (i) current building code requirements and (ii) current development standards in effect at the time the request is made to terminate use, including but not limited to setbacks, height, parking and floor area. The owner shall apply for a building permit to make such modifications as required by the city’s building and fire codes.

J. Violations and Enforcement for ADUs and JADUs.

1. Violations.

a. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. An ADU or JADU will be found in violation of this section when the dwelling unit has been created without the required city approvals, or does not comply with standards and deed restrictions established in this section. Violations are subject to the enforcement penalties and procedures of Chapter 1.28 SMC.

b. In addition to the enforcement penalties and procedures included in Chapter 1.28 SMC, the city may pursue any remedies provided by law against the owner of an ADU or JADU found to be in violation of this chapter, or an ADU or JADU not maintained in conformance with this chapter including:

i. Revocation of the ADU or JADU permit;

ii. Where an ADU or JADU has been improperly terminated and is being used as habitable space for the primary dwelling, removal of the floor area serving as habitable space may be required; and

iii. In any civil enforcement action, the city is entitled to recover attorneys’ fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter. (Ord. 01-2021 § 1(3), 2021; Ord. 01-2017 § 3 (Exh. C), 2017).

19.50.100 Service stations.

This section provides requirements for the establishment and operation of service stations which shall be subject to the following criteria and standards:

A. Applicability. The commission may approve the establishment of a new service station, or the enlargement or alteration of an established station, only through the granting of a conditional use permit. The commission shall make the following findings in addition to the findings required by SMC 19.54.040, Use permits:

1. The proposed use will not substantially increase vehicular traffic on any public rights-of-way in the immediate vicinity, especially those serving residential uses;

2. The proposed use will not create increased traffic hazards to pedestrians when located near a church, school, theater, or other place of assembly; and

3. The products offered for sale will be displayed with consideration to their visual impacts.

B. New Service Stations. New service stations shall comply with the following standards, in addition to those standards identified in subsection (C) of this section, Enlargement or Alteration of an Existing Service Station, except subsection (C)(6).

1. Major Intersections. Service stations shall be allowed only at the intersections of either two major streets or a major and a minor street;

2. Maximum at Each Intersection. A maximum of two service stations shall be allowed at each intersection;

3. Minimum Site Area. The minimum site area shall be 15,000 square feet;

4. Minimum Frontage. The minimum frontage shall be 150 feet on each street;

5. Minimum Side and Rear Setbacks. Structures shall be set back at least 10 feet from the side and rear property lines where the adjoining parcels are located in a residential zoning district;

6. Vehicular Access Points. There shall be no more than two vehicular access points to/from each public right-of-way;

7. Distance Between Curb Cuts. There shall be a minimum distance of 30 feet between curb cuts along a public right-of-way;

8. Location of Driveways. Driveways shall not be located closer than 50 feet to the end of a curb corner nor closer than 25 feet to a common property line;

9. Driveway Widths. The width of a driveway shall not exceed 25 feet, measured at the sidewalk;

10. Parking. On-site parking shall be provided at a minimum ratio of one space for each pump island, plus one space for each service bay in compliance with Chapter 19.48 SMC, Parking and Loading;

11. Pump Islands.

a. Pump islands shall be set back a minimum of 20 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance, but no closer than 10 feet to the property line;

b. When the property line is a public right-of-way line, an area of at least four feet in width along the line shall be landscaped in compliance with SMC 19.40.060, Landscape standards);

c. The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands;

12. Canopies.

a. Canopy height shall be limited to a maximum of 18 feet;

b. Signs shall be prohibited on the canopy roof structure;

13. Landscaping. Landscaping shall comprise a minimum of 10 percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those identified in SMC 19.40.060, Landscape standards:

a. A minimum four-foot wide, inside dimension, and six-inch high curbed landscaped planter area shall be provided along the front property lines, except for openings to facilitate vehicular circulation, and along side and rear property lines adjoining residentially zoned properties;

b. Where the planter area(s) is adjoining a peripheral wall, trees planted not more than 16 feet apart shall be included in the planter area(s) which shall be a minimum of six feet wide, inside dimension;

c. An on-site planter area of not less than 200 square feet shall be provided at the corner of the two intersecting streets. Landscaping shall not exceed a height of 42 inches at this location;

d. A minimum of 50 square feet of planter area shall be located along those portions of the main structure fronting on public rights-of-way; and

e. Additional landscaping may be required by the city planner to screen the service station from adjoining public rights-of-way and properties, in compliance with SMC 19.40.100, Screening and buffering;

14. Exterior Lighting.

a. All exterior light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjoining public rights-of-way and properties;

b. Lighting shall not:

i. Be of a high intensity to cause a traffic hazard;

ii. Be used as an advertising element; or

iii. Adversely affect adjoining properties, in compliance with SMC 19.40.030, Exterior lighting;

15. Service Bays.

a. Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties;

b. Service bay doors shall not directly face a public right-of-way, or an existing or proposed residential development or zoning district;

16. Peripheral Wall.

a. Where a service station adjoins property in a residential zoning district, a solid decorative masonry wall shall be constructed along the common property line. The height of the wall, which shall be at least six feet, shall be measured from the finished grade of the residential property. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the city planner.

b. When the wall reaches the established front setback line of a residentially zoned parcel adjoining the service station, the wall shall decrease to a maximum height of 42 inches.

C. Enlargement or Alteration of an Existing Service Station. Any enlargement or alteration of an established service station shall comply with all of the following standards:

1. Permit Required to Modify a Service Station. A request to enlarge or alter an existing service station, where the proposed construction/alteration would cost more than 25 percent of the appraised value of the structure, as shown in the county assessor’s records, or $25,000, whichever is less, shall require the approval of a conditional use permit, in compliance with SMC 19.54.040;

2. Location of Activities. All activities and operations shall be conducted entirely within the enclosed service station structure(s), except as follows:

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

b. The provision of emergency service of a minor nature;

c. The sale of items via vending machines which may only be placed next to the main structure in a designated area not to exceed 32 square feet and which shall be screened from public view;

d. The display of allowed automotive merchandise on each pump island; provided, that the aggregate display area on each island shall not exceed 12 square feet and that the products shall be located in a specially designed enclosed case; and

e. Motor vehicle products displayed along the front of the structure shall be within 36 inches of the structure, and limited to five feet in height and not more than 10 feet in length;

3. Vehicle Parking.

a. Outside storage of motor vehicles is prohibited. For the purpose of this section, outside storage shall mean the parking of a motor vehicle in an unenclosed area of the service station for longer than 24 hours, unless the vehicle is in the process of being serviced, in which case it may be parked for a maximum period of 72 hours;

b. Vehicles shall not be parked on alleys, driveways, parkways, or sidewalks;

c. Vehicles shall not be parked on the premises for the purpose of offering same for sale;

d. Parking shall be located and screened to minimize visibility of parked vehicles from adjoining public rights-of-way;

4. Signs. All on-site signs shall be in compliance with SMC Title 18, Signs and Display Advertising;

5. Storage of Parts or Equipment. Used or discarded vehicle parts or equipment, or disabled, junked, or wrecked vehicles shall not be located in any open area outside of the main structure;

6. Masonry Wall.

a. Where an existing service station adjoins property in a residential zoning district, a six-foot high solid masonry wall shall be constructed along the common property line at the time the station receives an entitlement for any on-site enlargement or alteration costing more than 10 percent of the appraised value of the structure, as shown in the county assessor’s records, or $10,000, whichever is less;

b. The height of the wall, which shall be at least six feet, shall be measured from the finished grade of the residential property;

c. When the wall reaches the established front setback line of the residential property adjoining or directly across an alley from the service station, the wall shall decrease to a maximum height of 42 inches;

d. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the design review and historic preservation commission;

7. Site Maintenance.

a. Used or discarded automotive parts or equipment, or permanently disabled junked or wrecked vehicles shall not be located outside of the main structure;

b. A waste collection and disposal storage area, completely enclosed with a masonry wall not less than six feet high with a solid gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located on the rear portion of the property in a manner which is accessible to refuse collection vehicles;

c. Driveways and service areas shall be maintained and kept free of grease, oil, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled grease, oil, and other petroleum products without washing them into the drainage, gutter, or sewer systems;

8. Public Service Facilities. All service stations:

a. Shall provide restrooms on-site, at no charge, for public use during normal business hours. The restrooms shall be continuously maintained in compliance with the standards of the county health department;

b. Shall provide and maintain, in usable and good working order, an air pump and radiator water hose for public use.

9. Restroom Screening. Restroom entrances viewable from adjoining rights-of-way or properties shall be concealed from view by planters or decorative screening subject to the approval of the city planner;

10. Noise. Service station noise (e.g., bells, loudspeakers, tools, etc.) shall not be audible from residentially zoned or occupied parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays;

11. Oil Collection Centers. All service stations shall:

a. Provide petroleum and solvent waste dispensers, at no or a minimum charge, for use by customers to dispose of their used petroleum product liquids and shall accept used oil and containers during normal business hours;

b. Provide petroleum and solvent waste containers, at no or a minimal charge, for use by customers to return and to recycle their oil and other used petroleum product liquids;

c. Submit a plan describing the methods of collection, disposal, handling, and recycling;

d. Recycle all oil collected and make every effort to recycle the returned containers and other used petroleum product liquids. (Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.50.110 Vacation rentals.

This section sets forth requirements for the establishment and operation of vacation rental facilities.

A. Permit and Operational Requirements. The approval and operation of a vacation rental shall be subject to the following requirements and restrictions:

1. Maximum Number of Units. A vacation rental shall consist of no more than two complete residential units.

2. Maximum Length of Stay. Visitor occupancy per unit shall be limited to a maximum of 29 consecutive days.

3. Occupancy Limits: Maximum Overnight Occupancy. Maximum overnight occupancy for vacation rentals shall be limited to up to a maximum of two persons per sleeping room or guest room, plus two additional persons per unit.

4. Noise Limits. Vacation rentals shall be operated in conformance with the noise ordinance (Chapter 9.56 SMC). Outdoor amplified sound shall be prohibited.

5. Property Manager. All vacation rentals shall have a property manager who is available 24 hours per day, seven days per week during all times that the property is rented or used on a transient basis. The name and contact information of the property manager shall be provided to the city planning department and shall be provided to any interested person upon request.

6. Requirements – Internet Advertisements and Listings. To inform prospective guests of the rules and to simplify enforcement of illegal vacation rentals, online advertisements and/or listings for the vacation rental property shall include reference to the maximum occupancy limits and shall list the business license or transient occupancy tax certificate number of the establishment.

7. Business License Required. A business license is required for the establishment and operation of a vacation rental.

8. Transient Occupancy Tax. A transient occupancy tax registration form shall be completed, and the owner or manager shall pay transient occupancy tax and all other required fees.

9. Fire and Life Safety. Fire and life safety requirements as required by the fire department and the building department shall be implemented and appropriately maintained.

10. Annual Inspection. Each vacation rental shall comply with the annual fire and life safety certification procedures of the fire department.

11. Signs. One sign, with a maximum area of two square feet, shall be allowed subject to the approval of the city’s design review and historic preservation commission.

B. Licensed Vacation Rentals. Existing, licensed vacation rentals shall be allowed to continue as a legal, nonconforming use provided they comply with the requirements set forth in subsections (A)(2) through (11) of this section. For the purpose of this section, “licensed” shall mean a vacation rental which as of November 3, 1999, has a valid business license and has registered to pay transient occupancy tax pursuant to SMC 3.16.060. (Ord. 11-2017 § 3, 2017; Ord. 03-2016 § 2 (Exh. B), 2016; Ord. 06-2013 § 3, 2013; Ord. 2003-02 § 3, 2003).

19.50.120 Wine tasting facilities and wine bars.

This section sets forth requirements for the establishment and operation of wine tasting facilities and wine bars in zoning districts where they are allowed pursuant to SMC 19.10.050 (Allowable land uses and permit requirements).

A. All wine tasting facilities and wine bars in zoning districts where they are allowed pursuant to SMC 19.10.050 shall be subject to the issuance of a wine tasting use permit (“WTUP”).

1. Purpose. A WTUP is intended to allow for a limited number of wine tasting facilities and wine bars in the city. The numerical limitation on wine tasting facilities and wine bars in specified zoning districts is intended promote the health, safety and welfare of the city of Sonoma, its residents and visitors, by addressing an overconcentration of such establishments, providing for a mix of uses to promote a vibrant and healthy community, retail synergy, and a balance of visitor serving and resident serving uses. In addition, the provisions set forth in this section are intended to provide specific regulations for activities and uses which may be desirable in the applicable zoning district and compatible with adjacent land uses, but whose effect on the site and surroundings cannot be determined prior to being proposed for a particular location. The procedures of this section provide for the review of the location, design, configuration, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

2. Applicability. A WTUP is required to authorize all new wine tasting facilities and wine bars in the city. No WTUP shall be issued for any such use in the plaza retail overlay district (PROD) until the number of existing nonconforming wine tasting facilities and wine bars in the PROD are less than 25 in combined total. A WTUP may be issued for wine tasting facilities and wine bars not proposed to be located in the PROD without regard to the numerical limitations set forth herein.

3. Application Requirements. An application for a WTUP shall be filed and processed in compliance with Chapter 19.52 SMC, Applications: Filing and Processing.

4. Project Review, Notice and Hearing. Each WTUP permit application shall be analyzed by the city planner to ensure that the application is consistent with the purpose and intent of this section. The planning commission shall conduct a public hearing on an application for a WTUP. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC, Public Hearings.

5. Findings, Decision. Following a public hearing, the planning commission may approve or disapprove an application for a WTUP. The planning commission shall record the decision and the findings upon which the decision is based. The planning commission may approve a WTUP only if the planning commission first finds that:

a. The proposed use is consistent with the General Plan and any specific plan;

b. The proposed use is allowed with a WTUP within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions);

c. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;

d. For a WTUP in the PROD, the total number of wine tasting facilities and wine bars in the PROD, including all legal nonconforming and all existing wine tasting facilities and wine bars with a valid WTUP are less than 25 in combined total;

e. For wine tasting facilities and wine bars proposed to face the Plaza on West Napa Street, First Street East, First Street West or Spain Street, there is no more than two wine tasting facilities/wine bars already located or permitted by WTUP on the block face set forth in the application. For the purpose of this subsection “block face” shall mean the block upon which the main entrance to the wine tasting facility or wine bar is located and shall include the structures located at each corner of the above mentioned streets as depicted in Figure A below.

f. The proposed use will not adversely affect the welfare of the area residents, or result in an undue concentration of establishments dispensing alcoholic beverages in the area.

g. The proposed use is located at an appropriate distance from:

i. Potentially sensitive or incompatible uses such as religious facilities, schools, public parks and playgrounds, and other similar uses; and

ii. The size and proposed activity level of the use will be compatible with the uses, and/or character of, the surrounding area.

h. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located.

6. Conditions of Approval. In approving a WTUP, the planning commission may adopt any conditions of approval deemed necessary to achieve consistency with the General Plan and any applicable specific plan, compliance with the provisions and purposes of this development code, and the protection of the public health, safety, and welfare. In addition, all WTUPs shall be subject to the following conditions:

a. Ongoing compliance with applicable requirements and licensing of the California Department of Alcoholic Beverage Control and the Sonoma County health department is required.

b. Hours for visits by appointment and by invitation-only wine functions (e.g., wine club events, marketing lunches, and winemaker dinners) shall not exceed 8:00 a.m. to 10:00 p.m. or as otherwise specified in the WTUP.

c. Hours of operation for general public access shall not exceed 11:00 a.m. to 10:00 p.m. or as otherwise specified in the WTUP.

d. Invitation-only functions shall be limited and shall occur no more frequently than 26 times per calendar year and no more than two times per week or as otherwise specified in the WTUP.

e. No outdoor seating is permitted unless specifically allowed in the WTUP.

f. All activity shall be limited specifically to the activity described in the WTUP. No expansion, enlargement of the area of use, or relocation/reconfiguration of any number of tables or seats shall be permitted without an issuance of amendment to the WTUP by the planning commission.

7. Expiration. A WTUP shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions.

8. Wine Tasting Use Permit to Run with the Land. A WTUP granted in compliance with this section shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application; provided, that the use allowed pursuant to the such WTUP remains in continuous operation at the subject site without interruption or abandonment. It shall be conclusively presumed that such use has been interrupted or abandoned if such use is discontinued for a period in excess of 60 calendar days. In the event of any of the following circumstances, the WTUP shall expire and be of no further force and effect: (a) the discontinuance of the wine tasting facilities or wine bar use for a period in excess of 60 calendar; or (b) the establishment of a different use at the site.

9. In all building permit and business license applications, the description of the premises shall match that provided to and approved by the California Department of Alcoholic Beverage Control.

B. Nonconforming Wine Tasting Facilities and Wine Bars. Notwithstanding the provisions of Chapter 19.82 SMC, the following shall apply to all nonconforming wine tasting facilities and wine bars in the city:

1. Nonconforming wine tasting facilities and wine bars may be continued subject to the following provisions, except as otherwise provided by subsection (C)(3) of this section.

2. Nonconforming Uses of Land. A nonconforming wine tasting facility or wine bar use may be continued, transferred, or sold; provided, that:

a. The use shall conform to all conditions of approval for any previously issued use permit, if any, and in all circumstances, the use shall not be enlarged, increased, extended to occupy a greater floor area or portion of the site or structure, than it lawfully occupied before becoming a nonconforming use; and no increase, relocation or reconfiguration of any number of tables or seats shall be permitted without an issuance of a WTUP by the planning commission.

b. Additional uses on the site shall not be allowed unless the nonconforming use is first discontinued or made to conform, and any replacement use complies with all applicable provisions of this development code.

c. The use shall be operated in ongoing compliance with applicable requirements and licensing of the California Department of Alcoholic Beverage Control and the Sonoma County health department.

d. Hours of operation for general public access shall not exceed 11:00 a.m. to 10:00 p.m., or as otherwise set forth in any use permit conditions of approval.

e. For wine tasting facilties, hours for visits by appointment and by invitation-only wine functions (e.g., wine club events, marketing lunches, and winemaker dinners) shall not exceed 8:00 a.m. to 10:00 p.m.

f. For wine tasting facilities, invitation-only functions shall be limited and shall occur no more frequently than 26 times per calendar year and no more than two times per week.

3. Loss of Nonconforming Status. If a nonconforming wine tasting facility or wine bar use is discontinued for a continuous period of 60 calendar days, it shall be concluded that the use has been abandoned. Without further action by the city, further use of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this development code. The owner of the property in which a non-conforming wine tasting facility or wine bar is located and the owner of the nonconforming wine tasting facility or wine bar shall notify the city clerk, on a form approved and provided by the city, and delivered to the city clerk of the date that the wine tasting or wine bar use of any site or structure ceases for any period of time and the date that such use is reestablished after a period of discontinuance. Such notice shall be delivered by personal delivery or certified mail, to the city clerk no later than 10 days following the date that any wine tasting or wine bar use of any site or structure ceases, The failure to provide notice pursuant to this subsection shall result in a presumption that the discontinuance has been in effect for a continuous period in excess of 60 calendar days. (Ord. 01-2019 § 2, 2019).

19.50.130 Tap rooms.

This section sets forth requirements for the establishment and operation of tap rooms in zoning districts where they are allowed pursuant to SMC 19.10.050 (Allowable land uses and permit requirements).

A. General Requirements. All tap rooms shall be subject to the following requirements:

1. In use permit and building permit applications for any tap room, the description of the premises shall match that provided to and approved by the California Department of Alcoholic Beverage Control.

2. Ongoing compliance with applicable requirements and licensing of the California Department of Alcoholic Beverage Control and the Sonoma County health department is required.

3. Hours of operation for general public access shall not exceed 11:00 a.m. to 10:00 p.m., although more restrictive hours may be imposed through the use permit review process.

B. Additional Use Permit Findings. In addition to the findings set forth in SMC 19.54.040, the approval of a use permit for a tap room shall be subject to the following additional findings of the planning commission:

1. The proposed use will not adversely affect the welfare of the area residents, or result in an undue concentration of establishments dispensing alcoholic beverages in the area.

2. The proposed use is located at an appropriate distance from:

a. Potentially sensitive or incompatible uses such as religious facilities, schools, public parks and playgrounds, and other similar uses; and

b. The size and proposed activity level of the use will be compatible with the uses in, and/or character of, the surrounding area.

3. The proposed use will provide a service not currently available in the area that it will serve, or unique or unusual circumstances justify a new wine bar in a location where there are similar uses nearby. (Ord. 01-2019 § 3, 2019).