Division VIII. Definitions

This division contains definitions of the specialized and technical terms and phrases used in the development code, as well as definitions of each type of land use allowed in the various zoning districts by Division II, Community Design.

Chapter 19.92
DEFINITIONS

Sections:

19.92.010    Purpose of division.

19.92.020    Definitions of specialized terms and phrases.

19.92.010 Purpose of division.

This division provides definitions of terms and phrases used in this development code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this division conflict with definitions in other provisions of the municipal code, these definitions shall control for the purposes of this development code. If a word is not defined in this division, or in other provisions of the city of Sonoma Code, the most common dictionary definition is presumed to be correct. (Ord. 2003-02 § 3, 2003).

19.92.020 Definitions of specialized terms and phrases.

As used in this development code, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

A. Definitions, “A.”

“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:

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

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

“Accessory retail uses” means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

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

“Accessory structure” means a structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this development code, accessory structures and uses include: detached garages, greenhouses, artist’s studios, and workshops; hot tubs, jacuzzis, spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.“Accessory use” means a use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.

“Adult business” means any business operated at a fixed location by whatever name, which specializes in sales, services or showings that appeal to prurient interests, sexual appetites, fantasies and curiosities, including but not limited to the sale of sexually oriented and adult-restricted books, magazines, videotapes and other devices; the showing of sexually oriented and adult-restricted movies and videos; and the live performance of actual, simulated or suggested sexual activities.

“Agent” means a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, commissions, and the council, regarding matters regulated by this development code.

“Agricultural employee housing” means housing as described in California Health and Safety Code Sections 17021.5 and 17021.6, and employee housing as defined in California Health and Safety Code Section 17008.

“Alley” means a public or private roadway, generally not more than 30 feet wide, that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

“Allowed use” means a use of land identified by Chapter 19.10 SMC, Zones and Allowable Uses, as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and site plan and design review and/or building permit approval, subject to compliance with all applicable provisions of this development code.

“Alteration” means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

“Animal keeping” means the keeping of animals and/or poultry, other than household pets, as defined and regulated under Chapter 8.08 SMC.

Apartment. See “Multifamily dwelling.”

“Approval” includes both approval and approval with conditions.

“Area, net” means the portion of a parcel which is:

1. Not subject to any easement or included as a proposed public or private facility, such as an alley, highway, street, or other necessary public site within a proposed development project; or

2. Subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures.

Except as provided above, portions of a parcel to a highway easement or any other private or public easement shall not be counted as part of the net area.

“Art, antique, collectible and gift sales” means retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are instead defined as “artisan shops.”

“Artisans/craft product manufacturing” means establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

“Artisan shops” means retail stores selling art glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

“Attic” means the area located between the uppermost plate and the roof or ridge of a structure.

“Auto and vehicle sales/rental” means retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Auto parts sales”); bicycle and moped sales (see “General retail”); tire recapping establishments (see “Vehicle services”); businesses dealing exclusively in used parts; or “Service station,” which are separately defined.

“Auto parts sales” means stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle services”). Does not include tire recapping establishments, which are found under “Vehicle services” or businesses dealing exclusively in used parts, which are included under “Recycling facilities – scrap and dismantling yards:’

“Automated teller machines (ATMs)” means computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

Automobile Repair. See “Vehicle services.”

B. Definitions, “B.”

“Banks and financial services” means financial institutions including:

•    banks and trust companies

•    credit agencies

•    holding (but not primarily operating) companies

•    lending and thrift institutions

•    other investment companies

•    securities/commodity contract brokers, and dealers

•    security and commodity exchanges

•    vehicle finance (equity) leasing agencies

See also “Automated teller machines,” above.

“Bed and breakfast inns (B&Bs)” mean residential structures with one family or resident-manager in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to SMC 19.50.030, Bed and breakfast inns, and applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of “Hotel or motel.”

“Broadcasting studios” means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Transmission and receiving apparatus, including antennas and towers, are included under the definition of “Telecommunications facilities.”

Building. See “Structure.”

“Building material stores” means retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Warehousing, wholesaling and distribution.” Hardware stores are listed in the definition of “General retail,” even if they sell some building materials.

“Business support services” means establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

•    blueprinting

•    business equipment repair services (except vehicle repair, see “Vehicle services”)

•    commercial art and design (production)

•    computer-related services (rental, repair)

•    copying, quick printing, and blueprinting services

•    equipment rental businesses within buildings (rental yards are “Storage yards and sales lots”)

•    film processing laboratories

•    heavy equipment repair services where repair occurs on the client site

•    janitorial services

•    mail advertising services (reproduction and shipping)

•    other “heavy service” business services

•    outdoor advertising services

•    photocopying

•    photo finishing

•    protective services (other than office related)

•    soils and materials testing laboratories

•    window cleaning.

C. Definitions, “C.”

Cabinet Shop. See “Furniture, furnishings and equipment stores (cabinet shops).”

“California Environmental Quality Act (CEQA)” means state law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” includes cannabis that is used for medicinal, nonmedicinal, or other purposes.

“Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

“Cannabis” also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.

“Cannabis concentrate” means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product’s potency.

“Cannabis delivery permit” means a permit issued by the chief of police to a business allowing that business to deliver cannabis and cannabis products within the city limits of the city of Sonoma.

“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Car washes” means permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day.

“Caretaker and employee housing” means a residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

“Cemeteries” mean interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and on-site funeral homes accessory to these uses.

“Child day care facilities” mean facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

1. “Child day care center” means commercial or nonprofit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

2. “Large family day care home” means a day care facility located in a single-family residence where an occupant of the residence provides care and supervision for seven to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

3. “Small family day care home” means a day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

“City” means the city of Sonoma, state of California, referred to in this development code as the “city.”

“City council” means the Sonoma city council, referred to in this development code as the “council.”

“City planner” mean the city of Sonoma city planner, or designee of the city planner.

“Clubs, lodges, and private meeting halls” means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

•    business associations

•    civic, social and fraternal organizations

•    labor unions and similar organizations

•    political organizations

•    professional membership organizations

•    other membership organizations.

“Commercial cannabis activity” includes the possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this chapter.

“Commercial cannabis business” means any business or operation which engages in medicinal or adult-use commercial cannabis activity.

Commercial Development, Large. For purposes of determining whether use permit review is required, “large commercial development” is defined as follows:

•    New construction of a commercial building with an area of 10,000 square feet or greater.

•    An addition to an existing commercial building of 10,000 square feet or greater.

•    An addition to an existing commercial building that would result in a building area of 10,000 square feet or greater.

Commission. See “Design review and historic preservation commission” and “Planning commission.”

“Common interest development” means any residential condominium, community apartment house, or stock cooperative.

“Community care facility” means a residential care facility serving six or fewer persons as provided for under Section 1566.3 of the California Health and Safety Code.

“Community centers” means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

“Community garden” means a site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.

“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.

“Condominium” means, as defined by Civil Code Section 1315, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

“Convenience stores” means retail stores of 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility.

“Corporation yard” means a publicly owned and operated facility used for public works operations, including: equipment storage, staging, and repair; vehicle storage, staging, and repair, materials storage, and related office uses.

“County” means the county of Sonoma, state of California.

“Crop production and horticulture” means land devoted to growing commercial crops, in the form of orchards, vineyards, row crops, truck gardens, and other plantings.

“Cultivation” of cannabis means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

D. Definitions, “D.”

“Delivery,” with reference to cannabis, means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.

“Density” means the number of housing units per net acre, unless otherwise stated, for residential uses.

“Density bonus” means a density increase over the otherwise maximum allowable residential density provided in SMC 19.44.030, Types of bonuses and incentives allowed.

“Department” means the Sonoma community development department, referred to in this development code as “department.”

“Design review and historic preservation commission” means the city of Sonoma design review and historic preservation commission, appointed by the Sonoma city council in compliance with Government Code Section 65101 and Chapter 2.60 SMC.

“Detached” means any structure that does not have a wall or roof in common with another structure.

“Development” means any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this development code.

“Development agreement” means a contract between the city and an applicant for a development project, in compliance with Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules, and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

“Development code” means the city of Sonoma development code, SMC Title 19, referred to herein as “this development code.”

Disabled Person. For purposes of the reasonable accommodation process set forth in SMC 19.54.100 et seq., “disabled person” shall mean any person who has a medical condition, physical disability, or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not included in this definition unless they have a separate disability.

“Dispensary, cannabis” means a business that holds a valid state license and conducts the retail sale of cannabis or cannabis products. “Dispensary, cannabis” means the same thing as “retail cannabis store.”

“Distribution,” with reference to cannabis, means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as they may be amended from time to time.

“Distribution, cannabis” means the procurement, sale, and transport of cannabis and cannabis products between commercial cannabis businesses licensed by the state.

District. See “Zoning district.”

“Drive-in and drive-through sales” means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, pharmacies, and stores specializing in coffee, dairy products, photo finishing, etc.

“Drive-in and drive-through services” means facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.

“Duplex” means a residential structure under single ownership containing two dwellings.

“Dwelling,” “dwelling unit,” or “housing unit” means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

E. Definitions, “E.”

“Easement” means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

“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.

“Emergency shelters” means temporary lodging for homeless persons with minimal supportive services that may be limited to occupancy of six months or less.

“Enlargement of use” means the expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.

“Environmental impact report (EIR)” means an informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

“Equestrian facilities” means commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.

“Equipment rental” means service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.

“Extremely low income household (ELI)” means a household whose gross annual income does not exceed 30 percent of the area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development, adjusted for household size.

F. Definitions, “F.”

“Farmers market” means a temporary outdoor gathering of individual retailers, primarily focused on the sale of fresh produce, but also including other foods, beverages, handicrafts, art objects, and other items.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

“Floor area” means the total of the gross horizontal areas of all floors, excluding basements, cellars, attics, and below-grade parking, within the outer surfaces of the exterior walls of buildings, or the center lines of party walls separating buildings or portions thereof.

“Floor area ratio” means the maximum gross floor area of a building (or buildings) permitted on a lot divided by the gross area of the lot. When calculating floor area ratio, the following shall be excluded:

1. Porches, cellars, attics, and underground parking;

2. Detached garages (up to 400 square feet);

3. Second units;

4. Accessory structures with an area of 120 square feet or less.

“Food and beverage manufacturing” means manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:

•    bakeries

•    bottling plants

•    breweries

•    candy, sugar and confectionery products manufacturing

•    catering services separate from stores or restaurants

•    coffee roasting

•    dairy products manufacturing

•    fats and oil product manufacturing

•    fruit and vegetable canning, preserving, related processing

•    grain mill products and by-products

•    meat, poultry, and seafood canning, curing, by-product processing

•    soft drink production

•    miscellaneous food item preparation from raw products

May include tasting and accessory retail sales of items produced on site.

Does not include bakeries which sell all products on-site, which are included in the definition of “General retail;” or beer brewing as part of a brew pub, bar or restaurant (see “Nightclubs and bars”).

“Formula business” is hereby defined as auto parts sales, building material stores, furniture, furnishings and equipment stores, general retail uses, grocery stores, personal services, or restaurants, as defined in this section, which are required by contractual or other arrangement or affiliation to maintain a standardized (“formula”) array of services and/or merchandise, menu, employee uniforms, decor, facade design, signage, color scheme, trademark or servicemark, name, or similar standardized features, which cause them to be substantially identical to 10 or more other businesses in the United States regardless of ownership or location at the time that the application is deemed complete.

1. “Standardized array of services” shall be defined as a common menu or set of services priced and performed in a consistent manner.

2. “Standardized array of merchandise” shall be defined as 50 percent or more of in-stock merchandise from a single distributor bearing uniform markings.

3. “Trademark” shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

4. “Servicemark” shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of a service of one party from those of others.

5. “Decor” shall be defined as the style of interior furnishings, which may include but is not limited to style of furniture, wallcoverings or permanent fixtures.

6. “Color scheme” shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wallcoverings, or as used on the facade.

7. “Facade” shall be defined as the face or front of a building, including awnings, looking onto a street or an open space.

8. “Uniform apparel” shall be defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.

9. “Signage” shall be defined as a sign pursuant to SMC Titles 18 and 19.

“Formula business, large” means a formula business which occupies or is proposed to occupy a tenant space having an area of 10,000 square feet or greater.

“Formula business, small” means a formula business which occupies or is proposed to occupy a tenant space having an area of less than 10,000 square feet.

“Formula restaurant, large” means a formula restaurant substantially identical to 250 or more other restaurants in the United States regardless of ownership or location at the time that the application is deemed complete.

“Fueling station” means fuel dispensers and related equipment, available on a restricted basis rather than for general use.

“Fully enclosed and secure structure” means either:

1. A space within a building that complies with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 14.10 SMC (Construction Codes), and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with nontransparent material. Plastic sheeting, canvas, vinyl, or similar products or materials, regardless of gauge, are not considered solid materials; or

2. A greenhouse or other accessory structure having the purpose of allowing cultivation of flowers, plants, or other vegetation; provided, that it is required to obtain a building permit under the California Building Standards Code as adopted and amended by Chapter 14.10 SMC (Construction Codes).

A “fully enclosed and secure structure” must be an accessory structure to a private residence located upon the parcel on which that private residence is situated.

Furniture/Fixtures Manufacturing Cabinet Shops. Definition needed.

“Furniture, furnishings and equipment stores” means stores engaged primarily in selling the following products and related services, including incidental repair services:

•    draperies

•    floor coverings

•    furniture

•    glass and china

•    home appliances

•    home furnishings

•    home sound systems

•    interior decorating materials and services

•    large musical instruments

•    lawn furniture

•    movable spas and hot tubs

•    office furniture

•    other household electrical and gas appliances

•    outdoor furniture

•    refrigerators

•    stoves

•    televisions.

G. Definitions, “G.”

“Garage” or “carport” means parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 19.48 SMC, Parking and Loading Standards.

1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.

2. A carport is an attached or detached accessory structure enclosed on no more than two sides.

“Garage sale” means any sale held for the purpose of selling, trading or otherwise disposing of unwanted household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.

“General Plan” means the city of Sonoma General Plan, including all its elements and all amendments to the General Plan, as adopted by the city council under the provisions of Government Code Sections 65300 et seq., and referred to in this development code as the “General Plan.”

“General retail” means stores and shops selling many lines of merchandise. These stores and lines of merchandise include:

•    art galleries

•    artists’ supplies

•    bakeries (all production in support of on-site sales)

•    bicycles

•    books

•    cameras and photographic supplies

•    clothing and accessories

•    collectibles (cards, coins, comics, stamps, etc.)

•    department stores

•    drug and discount stores

•    dry goods

•    fabrics and sewing supplies

•    florists and houseplant stores (indoor sales only – outdoor sales are “Plant nurseries”)

•    furniture, home furnishings and equipment

•    general stores

•    gift and souvenir shops

•    hardware

•    hobby materials

•    jewelry

•    luggage and leather goods

•    musical instruments, parts and accessories

•    newsstands

•    orthopedic supplies

•    pet stores and pet supplies

•    religious goods

•    small wares

•    specialty shops

•    sporting goods and equipment

•    stationery

•    toys and games

•    variety stores.

“Governmental and public facilities” means facilities operated by public agencies including government offices, parks and preserves, corporation yards, fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

“Grade” means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

“Grocery store” means a retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

“Guest house” means a detached structure of 400 square feet or more, accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

“Guideline” means a recommended course of action. A guideline may be qualitative – in contrast to a quantified standard – and is aimed at retaining and enhancing desired design characteristics. Although not mandated, guidelines are typically used by decision makers as a factor in evaluating development proposals.

H. Definitions, “H.”

“Health/fitness facilities” means fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.

“Heliport” means a designated, marked area on the ground or the top of a structure where helicopters may land at any time.

“Home occupation” means the conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

“Hotel or motel” means facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

“Household pets” means the keeping/raising of birds, cats, dogs, or other common household pets, as determined by the city planner accessory to a residential use.

I. Definitions, “I.”

“Illegal building or use” means a building or use that does not conform to one or more of the provisions of this development code, and did not lawfully exist on the effective date of applicable provisions of this development code.

“Indoor” or “indoors,” with reference to cultivation of cannabis, means inside a fully enclosed and secure structure or within a private residence.

“Indoor amusement/entertainment facilities” means establishments providing indoor amusement and entertainment services for a fee or admission charge, including:

•    bowling alleys

•    coin-operated amusement arcades

•    dance halls, clubs and ballrooms

•    electronic game arcades

•    ice skating and roller skating

•    pool and billiard rooms as primary uses

Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or less machines are not considered a land use separate from the primary use of the site.

“Intensification of use” means a change in the use of a structure or site, where the new use is required by Chapter 19.48 SMC, Parking and Loading Standards, to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.

J. Definitions, “J.”

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

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

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

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

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

5. Includes an efficiency kitchen, as defined above.

K. Definitions, “K.”

“Kennel” means the keeping or boarding of more than three dogs or three cats on a property, subject to the limitations and exceptions set forth in section SMC 8.08.101.

“Kitchen” means a room or space within a building intended to be used for the cooking or preparation of food.

L. Definitions, “L.”

“Land use permit” means authority granted by the city to use a specified site for a particular purpose, including use permits, minor use permits, temporary use and temporary event permits, and variances, as established by Division V, Planning Permit Procedures.

Large Family Day Care Home. See “Child day care facilities.”

“Libraries and museums” mean public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

“Live/work facilities” means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

1. Complete kitchen space and sanitary facilities in compliance with the city building code; and

2. Working space reserved for and regularly used by one or more occupants of the unit.

“Livestock raising” means the breeding, and keeping of farm animals, whether for commercial or hobby purposes.

“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.

“Lot or parcel” means a recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this development code. Types of lots include the following. See Figure 8-4, Lot Types.

1. “Corner lot” means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

2. “Flag lot” means a lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

3. “Interior lot” means a lot abutting only one street.

4. “Key lot” means an interior lot, the front of which adjoins the side property line of a corner lot.

5. “Reverse corner lot” means a corner lot, the rear of which abuts a key lot.

6. “Through lot” means a lot with frontage on two generally parallel streets.

“Lot area” means gross lot area, the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot.

“Lot depth” means the average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The city planner shall determine lot depth for parcels of irregular configuration.

“Lot frontage” means the boundary of a lot adjacent to a public street right-of-way.

“Lot line or property line” means any recorded boundary of a lot. Types of lot lines are as follows:

1. “Front lot line” means, on an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the city planner.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

2. “Interior lot line” means any lot line not abutting a street.

3. “Rear lot line” means a property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

4. “Side lot line” means any lot line that is not a front or rear lot line.

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The city planner shall determine lot width for parcels of irregular shape.

“Low income household (LI)” means a household whose gross annual income does not exceed 80 percent of the area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development, adjusted for household size.

“Luminaire” means a complete lighting unit consisting of lamp(s) and the parts that distribute the light, position and protect the lamp(s), and connect the lamp(s) to the power supply.

M. Definitions, “M.”

“Manufacture,” with reference to cannabis, means to compound, blend, extract, infuse, dilute or otherwise make or prepare a cannabis product.

“Manufactured cannabis” means (1) a cannabis product that has been (a) produced using infusion or other processes as permitted under a Type N state license or (b) packaged or repackaged as permitted under a Type P state license or (2) a cannabis product package that has been labeled or relabeled as permitted under a Type P state license.

“Manufactured home” means a dwelling unit including mobile homes and factory-built housing as defined in California Health and Safety Code Sections 18210.5 and 19971, respectively.

“Manufacturing site” means a location that (1) produces cannabis products by methods permitted under a Type N state license, (2) packages and/or repackages cannabis products under a Type P state license, (3) labels and/or relabels cannabis product packages under a Type P state license, and (4) is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the city of Sonoma and a valid state license Type N or Type P, as the case may be.

Map Act. See “Subdivision Map Act, or Map Act.”

“MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as the same may be amended from time to time.

“Medical cannabis” or “medicinal cannabis” means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act (“CUA,” Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Program Act (“MMPA,” Health and Safety Code Section 11362.7 et seq.), the Medical Cannabis Regulation and Safety Act (“MCRSA,” Business and Professions Code Section 19300 et seq.), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”).

“Medical services – Clinics, offices, laboratories” means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

•    health management organizations (HMOs)

•    medical and dental laboratories

•    medical, dental and psychiatric offices

•    out-patient care facilities

•    other allied health services

•    counseling services by other than medical doctors or psychiatrists are included under “Offices.”

“Medical services – Extended care” means residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential care homes.”

“Medical services – Hospitals” means hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of “Heliport”).

“Microbrewery” means a facility where beer brewed on the premises is sold for on-site consumption.

“Middle income household (MI)” means a household receiving an income from 121 to 160 percent of area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development, adjusted for household size.

“Mixed use project” means a project which combines both commercial and residential uses, where the residential component is typically located above the commercial.

“Mobile home” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of “Single-family dwelling.”

“Mobile home park” means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

“Moderate income household (M)” means a household whose gross annual income does not exceed 120 percent of the area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development, adjusted for household size.

“Mortuaries and funeral homes” means funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.

“Mounted” means attached or supported.

“Multifamily dwelling” means a building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multifamily housing; see also “Common interest development.”

N. Definitions, “N.”

“Negative declaration” means a statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).

“Nightclubs and bars” means any bar, cocktail lounge, discotheque, or similar establishment which provides live entertainment (music and/or dancing, comedy, etc.) in conjunction with alcoholic beverage sales, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery.

“Non-storefront retail business” means a non-storefront cannabis business that sells and delivers cannabis or cannabis products to customers from a premises that is not open to the public. While the business shall have a physical location within the city of Sonoma, all sales are conducted exclusively by delivery.

“Nonconforming parcel” means a parcel that was legally created prior to the adoption of this development code and which does not conform to current code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

“Nonconforming sign” means a sign which lawfully existed prior to the effective date of this development code, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.

“Nonconforming structure” means a structure that was legally constructed prior to the adoption of this development code and which does not conform to current code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.

“Nonconforming use” means a use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this development code and which does not conform to current code provisions governing allowable land uses for the zoning district in which the use is located.

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

O. Definitions, “O.”

“Occupancy” means all or a portion of a structure occupied by one tenant.

Offices. This development code distinguishes between the following types of office facilities. These do not include medical offices (see “Medical services – Clinics, offices, laboratories”), or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use.

1. “Administrative/business” means establishments providing direct services to consumers, such as insurance agencies, real estate offices, utility company offices, etc.

2. “Government” means city, and other local, state, and federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers.

3. “Production” means office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include:

•    advertising agencies

•    architectural, engineering, planning and surveying services

•    computer software production and programming services

•    educational, scientific and research organizations

•    media postproduction services

•    photography and commercial art studios

•    writers’ and artists’ offices.

4. “Professional” means professional offices including:

•    accounting, auditing and bookkeeping services

•    attorneys

•    counseling services

•    court reporting services

•    data processing services

•    detective agencies and similar services

•    employment, stenographic, secretarial and word processing services

•    literary and talent agencies

•    management and public relations services.

5. “Temporary” means a mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

6. “Temporary real estate” means the temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

“Off-site” means an activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

“On-site” means an activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

“Open fencing” means a barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.

“Outdoor” or “outdoors,” with reference to cultivation of cannabis, means any location that is not within a fully enclosed and secure structure or a private residence. “Outdoors” specifically includes cultivation that occurs within any greenhouse, hoop house, or other similar structure that does not meet the definition of a fully enclosed and secure structure.

“Outdoor commercial recreation” means facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including:

•    amphitheaters

•    amusement and theme parks

•    health and athletic club outdoor facilities

•    miniature golf courses

•    skateboard parks

•    stadiums and coliseums

•    swim and tennis clubs

•    tennis courts

•    water slides

•    zoos

May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include parks and playgrounds, which are separately defined.

“Outdoor retail sales and activities” means permanent outdoor sales and rental establishments not classified under another land use definition where the business is not conducted entirely within a structure.

“Outdoor retail sales, temporary” means temporary outdoor retail operations including: Christmas trees, pumpkins or the sale of other seasonal items; farmers’ markets; semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales longer than one weekend; retail sales from individual vehicles in temporary locations outside the public right-of-way.

P. Definitions, “P.”

Parcel. See “Lot or parcel.”

“Parks and playgrounds” means public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use, including tennis courts.

“Pedestrian orientation” means any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including but not limited to:

1. Street furniture;

2. Design amenities related to the street level such as awnings, paseos, arcades;

3. Visibility into buildings at the street level;

4. Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing;

5. Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;

6. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

7. Signage oriented and scaled to the pedestrian rather than the motorist; and

8. Landscaping.

“Pedestrian oriented use” means a use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover and intense social interaction.

“Pedestrian scale” means a relationship of buildings, streets, and other improvements which results in a high level of comfort for pedestrians.

“Permitted use” means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

“Person” means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

“Personal cultivation” means cannabis cultivation conducted by an individual strictly for that individual’s personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this code and state law, including but not limited to Health an Safety Code Sections 11362.1 and 11362.2, as may be amended. “Personal cultivation” also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, “personal cultivation” does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

“Personal services” means establishments providing nonmedical services as a primary use, including:

•    barber and beauty shops

•    clothing rental

•    dry cleaning pick-up stores with limited equipment

•    home electronics and small appliance repair

•    laundromats (self-service laundries)

•    psychic readers

•    shoe repair shops

•    spas and hot tubs

•    tailors

•    tanning salons

•    tattoo parlors

These uses may also include accessory retail sales of products related to the services provided.

“Planning commission” means the city of Sonoma planning commission, appointed by the Sonoma city council in compliance with Government Code Section 65101 and Chapter 2.44 SMC.

“Plant nurseries and garden supply stores” means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under “General retail.” Home greenhouses are included under “Residential accessory uses and structures.”

“Policy” means a general direction that the city will follow in order to meet its goals and objectives by undertaking specific action programs. A specific statement of principle or guiding actions which implies clear commitment but is not mandatory.

“Prescribed grazing” means the application of livestock (cattle, sheep or goats) to feed on standing forage as a landscape management technique to control invasive plant species and reduce wildland fire hazards in a manner that preserves desirable natural characteristics.

“Primary caregiver” shall have the same meaning as set forth in Health and Safety Code Section 11362.7, as the same may be amended from time to time.

“Primary structure” means a structure that accommodates the primary use of the site.

“Primary use” means the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

“Primary zoning district” means the zoning district applied to a site by the zoning map, to which an overlay zoning district may also be applied.

“Principle” means a basic truth or value on which other values are based and from which more detailed standards or guidelines may be derived. A principle is used to generate guidelines, standards, and regulations, but is not itself used to evaluate specific development proposals.

“Private residence,” with reference to cannabis cultivation, means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.

“Produce stands for on-site production” means an accessory structure used for the display and sale of vegetables and other produce grown on the site which it serves, with no space within the structure for customers.

“Property line” means the recorded boundary of a parcel of land.

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

“Proposed project” means a proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.

“Public utility equipment” means transmission points, junction boxes, vaults and other small structures used for the local distribution of utility services.

“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.

“Public utility facilities” means fixed-base structures and facilities serving as distribution or processing centers for the provision of utilities. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

•    corporation and maintenance yards

•    electrical substations and switching stations

•    natural gas regulating and distribution facilities

•    public water system wells, treatment plants and storage

•    wastewater treatment plants, settling ponds and disposal fields

These uses do not include office or customer service centers (classified in “Offices”), or equipment and material storage yards.

Q. Definitions, “Q.”

“Qualifying patient” or “qualified patient” shall have the same meaning as set forth in Health and Safety Code Section 11362.7, as the same may be amended from time to time.

R. Definitions, “R.”

“Recreational facilities” means open-air and indoor facilities used for public recreation, including skate parks and rinks, swimming pools, tennis courts, golf courses, and other similar facilities.

“Recreational vehicle (RV)” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2. It contains 400 square feet or less of gross area measured at maximum horizontal projections;

3. It is built on a single chassis; and

4. It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

“Recreational vehicle park” means a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

“Recycling facilities” land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

1. “Collection facility” means a center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

a. Reverse vending machine(s);

b. Small collection facilities which occupy an area of 350 square feet or less and may include:

i. A mobile unit;

ii. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and

iii. Kiosk-type units which may include permanent structures;

c. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.

2. “Mobile recycling unit” means an automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

3. “Processing facility” means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of “Scrap and dismantling yards,” below:

a. “Light processing facility” occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and

b. A “heavy processing facility” is any processing facility other than a light processing facility.

4. “Recycling facility” means a center for the collection and/or processing of recyclable materials. A “certified” recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See “Collection facility” above.

5. “Recycling or recyclable material” means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.

6. “Reverse vending machine” means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

7. “Scrap and dismantling yards” means outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other second hand stores; the sale of operative used cars; or landfills or other waste disposal sites.

“Regulation” means a mandated process; a development or design standard.

“Religious facilities” means facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (such as a recreational camp) are classified according to their respective activities.

“Repair services for consumer products” means commercial repair of consumer items such as televisions, audio equipment, computers, lamps, vacuum cleaners, and other portable household appliances.

“Research and development (R&D)” means indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies (see “Offices (production)),” soils and other materials testing laboratories (see “Business support services”), or medical laboratories (see “Medical services – Clinics, offices, laboratories”).

“Residential accessory uses and structures” means any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

•    garages

•    gazebos

•    greenhouses

•    spas and hot tubs

•    storage sheds

•    studios

•    swimming pools

•    tennis and other on-site sport courts

•    workshops

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Includes home satellite dish and other receiving antennas for earth-based TV and radio broadcasts.

“Residential care homes” means intermediate care facilities providing residential, social, habilitative, and personal care for children, the elderly, the developmentally disabled, and persons with limited ability for self-care, but where medical care is not a major element. Includes: children’s homes; transitional houses; orphanages; rehabilitation centers; self-help group homes. A residential care facility serving six or fewer clients shall be a self-contained entity located and operated within a single parcel of record and shall not be operated or managed in conjunction with the same or similar use on any adjoining parcel. Convalescent homes and similar facilities providing medical care are included under the definition of “Medical services – Extended care.”

“Residential district or zone” means any of the residential zoning districts established by Chapter 19.10 SMC, Zones and Allowable Uses.

“Restaurant” means a retail business selling food and beverages prepared on the site, for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption, and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses.

“Review authority” means the individual or official city body (the city planner, planning commission, or city council) identified by this development code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Division V, Planning Permit Procedures.

S. Definitions, “S.”

“Schools” means public and private educational institutions, including:

•    boarding schools

•    business, secretarial, and vocational schools

•    community colleges, colleges and universities

•    elementary, middle, and junior high schools

•    establishments providing courses by mail

•    high schools

•    military academies

•    professional schools (law, medicine, etc.)

•    seminaries/religious ministry training facilities

Also includes specialized schools offering instruction in the following:

•    art

•    ballet and other dance

•    computers and electronics

•    cooking

•    drama

•    driver education

•    language

•    music

Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see “Child day care facilities”). See also the definition of “Studios for art, dance, music, photography, etc.” for smaller-scale facilities offering specialized instruction.

“Second hand stores” means retail sales of used consumer items, including furniture.

“Secondary residential units” means a second permanent dwelling that is accessory to a primary dwelling on the same site. A secondary residential unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking.

“Senior citizen” means an adult 60 years or older.

Senior Residential Care Facilities. See “Residential care homes.”

“Service station” means a retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

“Setback” means the distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement. See also “Yard.” Figure 8-5, Setbacks, shows the location of front, side, street-side, rear, and interior setbacks.

“Shopping center” means primarily retail commercial sites with three or more separate businesses sharing common pedestrian and parking areas.

“Shopping center, reconfiguration” means the modification of an existing shopping center in one or more of the following ways:

•    Combining or dividing tenant spaces having a total area of 5,000 square feet or greater.

•    Modifying parking areas by relocating driveway entrances or adding ten or more parking spaces.

•    Modifying building footprints involving a total building area of 1,000 square feet or greater, whether or not there is any net increase in building area.

“Single-family dwelling” means a building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.

“Site” means a parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

“Site coverage” means the percentage of total site area occupied by structures, and areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.

Small Family Day Care Homes. See “Child day care facilities.”

“Solid fence,” with reference to cannabis cultivation, means a fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence.

“Special event” means the rental or other use of a property by a third party for an activity such as a wedding, reception, retreat, conference, fund-raising event or musical performance.

“Special events venue” means a building, building complex, and/or outdoor area used to regularly accommodate events such as weddings, receptions, retreats, conferences, fund-raising events, and musical performances, including the rental of the venue to third parties for such purposes. A special events venue may be a stand-alone use or may be associated with another use such as a hotel.

“Specific plan” means a plan that addresses a defined geographic area and that specifies land use, transportation, and other infrastructure, development criteria, and implementation measures, prepared in accordance with Article 8 of the California Planning and Zoning Law.

“Stand” means a structure for the display and sale of products with no space for customers within the structure itself.

“Standard” means a rule or basis for comparison, typically expressed in quantitative terms. A quantified measure or criterion which must be met.

“Storage – Indoor” means the storage of various materials entirely within a structure, as the primary use of the structure. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

“Storage – Outdoor” means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

“Storage – Personal storage facility (mini-storage)” means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

“Street” means a public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this subsection.

“Street line” means the boundary between a street right-of-way and property.

“Structure” means anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this development code, the term “structure” includes “buildings.”

Structure, Primary. See “Primary structure.”

“Studios for art, dance, music, photography, etc.” means small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of “Schools – specialized education and training.” These include facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.

“Subdivision” means the division, by any subdivider, of any unit or portion of land shown on the latest equalized Sonoma County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

“Subdivision Map Act,” or “Map Act” means Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

“Supportive housing” means permanent affordable housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code Section 53260(d), and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Health and Safety Code Section 50675.14(b)). Supportive housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the RL and RS residential zones, whereas supportive housing structured as multifamily is limited to the RM and RH residential zones and the Mixed Use zone.

T. Definitions, “T.”

“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.

“Tap room” means an establishment licensed under a Type 42 license issued by the California Department of Alcoholic Beverage Control devoted to the sampling and sale of only beer produced by one or multiple breweries for consumption on or off premises. Food may be served; provided, that: (1) food items are made off premises; (2) the facilities are approved by Sonoma County department of health services; (3) food items provided for consumption on site limited to cheeses, crackers, charcuterie and similar items made available strictly in conjunction with and ancillary to the wine tasting experience; and (4) the establishment is not a restaurant. Nothing in this definition or elsewhere in the development code pertaining thereto is intended to limit the rights and obligations imposed by the Department of Alcoholic Beverage Control with regard to issuance of a Type 42 license. Additional standards and regulations applicable to this use are found in SMC 19.50.130.

“Telecommunications facilities” means public and commercial electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections (see “Public utility facilities”).

“Temporary structure” means a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Temporary use” means a use of land that is designed, operated and occupies a site for a limited period of time, typically less than 12 months.

“Testing laboratory, cannabis” means a business that holds a valid state license that offers or performs tests of cannabis or cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

2. Licensed by the Bureau of Cannabis Control.

“Theaters and auditoriums” means indoor facilities for public assembly and group entertainment, other than sporting events, including:

•    civic theaters, and facilities for “live” theater and concerts

•    exhibition and convention halls

•    motion picture theaters

•    public and semi-public auditoriums

•    similar public assembly uses

Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events.

“Trails, hiking and bicycling” means paved and unpaved trails, paths and ways available for public use by pedestrians or bicyclists.

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (Health and Safety Code Section 50675.2(h)). The housing may take several forms such as group housing and multifamily units and may include supportive services to allow individuals to gain necessary life skills in support of independent living. Transitional housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the RL and RS residential zones, whereas transitional housing structured as multifamily is limited to the RM and RH residential zones and the Mixed Use zone.

U. Definitions, “U.”

Unit. See “Dwelling,” “dwelling unit,” or “housing unit.”

“Use” means the purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Use, Primary. See “Primary use.”

V. Definitions, “V.”

“Vacation rental” means the rental or letting of up to two complete residential units, containing bedrooms, kitchens, and bathrooms, for a period of less than 30 days. Typically, no on-site manager is present.

“Variance” means a discretionary entitlement that may waive or relax the development standards of this development code, in compliance with SMC 19.54.060, Variances.

“Vehicle services” means the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:

1. “Major repair/body work” means repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments.

2. “Maintenance/minor repair” means minor facilities specializing in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, etc.).

3. Service Stations. See “Service station.”

Does not include automobile parking (see “Parking facilities/vehicle storage”), repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales/rental”); service stations, which are separately defined; or automobile dismantling yards, which are included under “Recycling facilities (scrap and dismantling yards).”

“Very low income household (VLI)” means a household whose gross annual income does not exceed 50 percent of the area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development, adjusted for household size.

“Veterinarians, animal hospitals, kennels, boarding” means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.

W. Definitions, “W.”

“Warehousing, wholesaling and distribution” facilities include:

1. “Warehousing” means facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see “Storage – Personal storage facility” (mini-storage)); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution.

2. “Wholesaling and distribution” means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:

•    agents, merchandise or commodity brokers, and commission merchants

•    assemblers, buyers and associations engaged in the cooperative marketing of farm products

•    merchant wholesalers

•    stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

“Wine bar” means an establishment licensed under a Type 42 license issued by the California Department of Alcoholic Beverage Control devoted to the sampling and sale of wine produced by one or multiple wineries for consumption on or off premises. Food may be served; provided, that: (1) food items are made off premises; (2) the facilities are approved by Sonoma County department of health services; (3) food items provided for consumption on site limited to cheeses, crackers, charcuterie and similar items made available strictly in conjunction with and ancillary to the wine tasting experience; and (4) the establishment is not a restaurant. Nothing in this definition or elsewhere in the development code pertaining thereto is intended to limit the rights and obligations imposed by the Department of Alcoholic Beverage Control with regard to issuance of a Type 42 license. Additional standards and regulations applicable to this use are found in SMC 19.50.120.

“Wine tasting facility” means an establishment licensed under a winegrower Type 2 license issued by the California Department of Alcoholic Beverage Control that sells wine and related products and enables customers to taste wine (with and without charge) on behalf of a single winery or, as a cooperative venture, multiple wineries, as a regular part of the sales process of the winery’s products, either as the sole occupant of a tenant space or as part of a larger retail establishment engaged in the sale of products other than wine. Food may be provided if it is pre-prepared off premises, or prepared by a caterer under the caterer’s license either off premises or on premises in facilities approved by the Sonoma County department of health services. Food provided to the general public shall be subject to the following limitations: (1) food items are made off premises; (2) the facilities are approved by Sonoma County department of health services; (3) food items provided for consumption on site shall be prepackaged items made available strictly in conjunction with and ancillary to the wine tasting experience; and (4) the establishment is not a restaurant. Nothing in this definition or elsewhere in the development code pertaining thereto is intended to limit the rights and obligations imposed by the Department of Alcoholic Beverage Control with regard to issuance of a winegrower Type 2 license. Additional standards and regulations applicable to this use are found in SMC 19.50.120.

“Wineries” means a commercial facility used for the production and distribution of wine.

“Winery accessory uses” means uses and activities conducted in conjunction with, and upon the same site as, a winery, including wine tasting, food service and restaurants, gift sales, and special events.

X. Definitions, “X.” No specialized terms beginning with the letter “X” are used at this time.

Y. Definitions, “Y.”

“Yard” means an area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this development code. See SMC 19.40.110, Setback regulations and exceptions, and Figure 8-5, Setbacks.

1. “Front yard” means an area extending across the full width of the lot between the front lot line and the required setback.

2. “Rear yard” means an area extending the full width of the lot between a rear lot line and the required setback.

3. “Side yard” means an area extending from the front yard to the rear yard between the nearest side lot line and the required setback.

Z. Definitions, “Z.”

“Zero lot line” means the location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.

“Zoning clearance” means a ministerial certificate issued by the department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this development code.

“Zoning district” means any of the residential, commercial, special purpose, or overlay districts established by Chapter 19.10 SMC, Zones and Allowable Uses, within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). (Ord. 08-2021 § 1(1), 2021; Ord. 02-2021 § 1(12), 2021; Ord. 01-2021 § 1(6), 2021; Ord. 04-2019 § 3, 2019; Ord. 01-2019 §§ 5, 6, 2019; Ord. 05-2018 § 1, 2018; Ord. 01-2017 § 4, 2017; Ord. 08-2015 § 2, 2015; Ord. 07-2014 § 1, 2014; Ord. 03-2014 § 1, 2014; Ord. 02-2014 §§ 4 – 6, 2014; Ord. 06-2013 § 3, 2013; Ord. 03-2012 § 3, 2012; Ord. 02-2012 § 6, 2012; Ord. 06-2010 § 2, 2010; Ord. 2003-02 § 3, 2003).