Santa Rosa City Zoning Code
Division 4
Standards for Specific Land Uses
§ 20-40.010 Purpose.
The provisions of this Chapter are intended to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of sexually-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, parks and residentially zoned districts or uses. The Council finds that it has been demonstrated in various communities that the concentration of sexually-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this Chapter to establish reasonable and uniform regulations to prevent the concentration of sexually-oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually-oriented businesses in certain areas.
(Ord. 3677 § 1, 2004)
§ 20-40.020 Applicability.
A.
Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), existing and proposed adult entertainment businesses shall comply with the standards of this Chapter.
B.
A business constitutes a sexually-oriented business where the business offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as defined in Division 7 (Glossary).
(Ord. 3677 § 1, 2004)
§ 20-40.030 Location requirements.
No sexually-oriented business shall be established or located in the City unless:
A.
The business is located 500 feet or more from any residence or residential use or zone, park, church or school existing at the time an application for a permit to open a sexually oriented business is filed with the City; or
B.
The business is located in a shopping center of more than 300,000 square feet gross building area, and the business is established or located more than 500 feet from any other sexually oriented business.
The distance referred to in Subsection A shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used without regard to intervening structures. The distance referred to in Subsection B shall be measured from the primary entrance of one business to the primary entrance of the other without regard to intervening structures. Therefore it is possible that more than one sexually-oriented business may occur within the same described shopping center so long as the 500 feet distance between them is achieved. |
(Ord. 3677 § 1, 2004; Ord. 3968 § 12, 2011)
§ 20-40.040 Amortization of nonconforming or abandoned use.
A.
Amortization. Any use of real property existing on March 3, 2000, that does not comply with the provisions this Chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as nonconforming use that may be continued until one year or for one year after March 3, 2000. On or before that date, all nonconforming sexually-oriented business uses shall be terminated unless an extension of time has been approved by the Commission or delegated to staff in compliance Subsection D.
B.
Abandonment. Notwithstanding Subsection A, any discontinuance or abandonment of the use of any lot or structure as a sexually-oriented business shall result in the loss of the legal status of the use.
C.
Amortization—Property annexed into the City.
1.
Any sexually-oriented business that was:
a.
In operation and a legal use at the time of annexation of the property into the City; and
2.
Any sexually-oriented business situated on property outside the City limits that lawfully comes into operation after the adoption of this Chapter, and is a legal use at the time of annexation of the property into the City, but which does not comply with the provisions of this Chapter shall be terminated within one year of the date of annexation unless an extension of time is approved by the Commission or delegated to staff in compliance with Subsection D.
D.
Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in this Section may apply under the provisions of this Section to the Commission for an extension of time within which to terminate the nonconforming use.
1.
Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Subsection A may be filed by the owner of the real property up-on which such use is operated or by the operator of the use. The application must be filed with the Commission at least 90 days but no more than 180 days prior to the time established by Subsection A for termination of the use.
2.
Content of application, fees. The application shall state the grounds for requesting an extension of time. The filing fee for the application shall be the same as that for a Variance in the City Fee Schedule.
3.
Approval of extension, findings. An extension in compliance with of this Section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the Commission makes all of the following findings, and/or other findings required by law:
a.
The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and the investment was made prior to March 3, 2000;
(Ord. 3677 § 1, 2004)
§ 20-42.010 Purpose.
This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Division 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.
(Ord. 3677 § 1, 2004)
§ 20-42.020 Applicability.
The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code.
A.
Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Division 2 (Zoning Districts and Allowable Land Uses).
B.
Land use permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the land use permit required by Division 2, except where a land use permit requirement is established by this Chapter for a specific use.
C.
Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Division 2 and Division 3 (Site Planning and General Development Regulations), and the City Code. In the event of any conflict between the requirements of this Chapter and those of Divisions 2 or 3, the requirements of this Chapter shall control.
(Ord. 3677 § 1, 2004)
§ 20-42.024 Accessory retail and service uses.
This Section provides standards for specific retail sales and service uses, including restaurants, pharmacies, and the sale of retail merchandise, which are allowed accessory to a primary commercial, industrial, or institutional use, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
General standard. There shall be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, windows with merchandise visible from adjoining streets, etc.), nor access to any space used for the accessory retail or service use other than from within the primary structure.
B.
Review and approval requirements. In order to approve an accessory retail or service use, the review authority shall first find that there will be no adverse effects on adjacent existing or potential residential uses from excessive traffic, noise or other effects of the accessory use.
(Ord. 3677 § 1, 2004)
§ 20-42.030 Accessory structures and uses.
Accessory uses and structures shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). This Section does not apply to accessory dwelling units, which are instead subject to Section 20-42.130 (Accessory dwelling units).
A.
General requirements for all accessory structures and uses.
1.
Relationship to principal use.
a.
An accessory structure or use is permitted only when it is clearly incidental, subordinate and accessory to the principal use of the same lot, and does not alter the character of the site with respect to the principal use.
b.
An accessory structure or use, to be permitted, must be compatible in all aspects with the principal permitted uses of the zoning district in which it is situated.
c.
An accessory structure or use shall not be located on a separate lot from the principal use to which it incidental and subordinate.
2.
Zoning district setback requirements. An accessory structure or use shall comply with the setback requirements of the applicable zoning district, and shall not be closer to the street than the primary structure, unless specifically authorized by this Section, or allowed by Variance, Minor Variance, or Minor Adjustment.
3.
Combining district requirements. The provisions of any -G (Gateway), -H (Historic), or -SR (Scenic Road) Combining District shall take precedence over any provision of this Section regulation accessory structures and uses.
4.
Roof overhang. An accessory structure shall not overhang any property or drain onto any adjacent parcel.
5.
Building Code and Fire Code requirements. An accessory structure shall meet all construction standards and minimum distancing between buildings for fire protection purposes.
B.
Accessory structures and uses in non-residential districts.
1.
Attached accessory structures. If an accessory structure is attached to the primary structure, it shall be made structurally a part of the primary structure and shall comply with all requirements of this Zoning Code for the primary structure.
2.
Detached accessory structures. No detached accessory structure shall be closer than that permitted by the Uniform Building Code to the primary structure on the same lot or closer than 10 feet from the primary structure on an adjoining lot unless a lesser distance is specifically allowed by other provisions of this Zoning Code.
C.
Accessory structures and uses in residential zoning districts. Accessory structures and uses within a residential zoning district shall comply with the following requirements:
1.
General requirements.
a.
Setbacks. An accessory structure on a parcel that is 50 feet or more in width shall not be placed closer than five feet to a property line. An accessory structure may be located up to the property line on a parcel less than 50 feet in width or 100 feet in depth that is developed with a single-family dwelling or duplex, except where the accessory structure would abut another building on an adjacent parcel. In these cases, the accessory structure shall be located a minimum of three feet from the property line.
b.
Maximum site coverage. One or more roofed accessory structures shall not occupy more than 50 percent of the required rear setback, provided that the Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site, provided that:
(1)
The Director determines that the usability and location of the substitute area is equally satisfactory; and
(2)
The substitute area does not exceed a slope of 10 percent, and has no dimension less than 15 feet. The dimensions may include required side setback areas, but the required setback shall not be included when computing equivalent replacement area.
c.
Height limit. No accessory structure shall exceed a height of 16 feet and one story.
2.
Requirements for attached structures. Habitable (e.g., living space) and non-habitable (e.g., attached garages, etc.) attached structures shall comply with the following standards.
a.
An accessory structure attached to the primary structure shall be made structurally a part of the primary structure and shall comply with all requirements of this Zoning Code for the primary structure.
b.
The face of any attached garage or carport with street access from the front or corner side of the lot shall be a minimum of 19 feet from the property line, back of curb, or back of sidewalk, whichever is greater. The face of an attached garage or carport shall be three to five feet from the edge of a public or private alley, property line, back of sidewalk, or back of curb whichever is greater.
3.
Requirements for detached structures.
a.
Habitable structures.
(1)
A guest house shall not be located within any required setback area, shall not exceed 400 square feet or a height of 16 feet, and shall not contain kitchen or other cooking facilities.
(2)
No detached habitable accessory structure shall be closer to the primary structure than permitted by the Uniform Building Code, or closer than 10 feet from a primary structure on an adjoining lot, unless a lesser distance is specifically allowed by other provisions of this Zoning Code.
b.
Non-habitable structures.
(1)
Exempt structures. The following structures are exempt from the accessory structure setback requirements:
(a)
Planters. Planter boxes and masonry planters with a maximum height of 42 inches are allowed within all required setbacks.
(b)
Play equipment, pet shelters. Children's play equipment, movable dog houses, and similar structures may be placed within a required rear setback without limitation on location.
(c)
Residential rain harvesting tanks. Rain harvesting tanks that do not exceed eight feet in height may be placed within a rear or side yard setback without limitation on location. Rain harvesting tanks that exceed eight feet in height may be allowed within a rear or side yard setback, subject to Design Review. Rain harvesting tanks of any height shall not be permitted within a front yard setback.
(d)
Trash enclosures. Trash enclosures may be placed within a required rear setback without limitation on location.
(2)
Sheds, patio covers, trellis. A shed, patio cover, or trellis less than 12 feet in height may be allowed within a side or rear yard setback, subject to Design Review.
(3)
Garages and carports. To ensure design compatibility and to maintain the off-street parking supply in residential neighborhoods, the following standards shall apply to the construction, modification, or replacement of a garage or carport serving any residential use.
(4)
Driveways, walkways, patios, and wood decks. Driveways, walkways, patio slabs, and other areas paved with concrete, asphalt or similar materials, and wooden decks, may be placed in up to 50 percent of the area within any required setback, provided that the structures do not exceed a height of 12 inches. This requirement does not exclude the use of steps providing access between areas of different elevation on the same site. At least 50 percent of all setback areas shall consist of permeable surface. The Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site.
(6)
Mechanical equipment. Ground-mounted air conditioners, swimming pool pumps, and related and similar equipment may be placed within a required side or rear setback, provided that the equipment is:
c.
General design requirements.
(1)
On a corner lot, the structure shall not project beyond the front yard required for an adjacent lot.
(2)
The structure shall not be closer to any street than the primary structure, unless authorized by Minor Conditional Use Permit. When reviewing a Minor Conditional Use Permit application, the review authority shall consider the predominant placement of accessory structures in the site vicinity, the consistency of the proposal with the established and/or desired character of the surrounding area, and the visual impact of the structure given its proposed placement.
(3)
The structure shall not have a door or window opening to an alley or to a side or rear property line unless the structure is at least three feet from the alley or property line.
(4)
Notwithstanding any other requirements of this Zoning Code for a detached accessory structure in a residential zoning district, no side or rear yard setback shall be required for a structure of 12 feet or less in height provided that:
(a)
The structure has received Design Review approval; or
(b)
A Hillside Development Permit if the structure is subject to the Hillside Development Standards Ordinance (Chapter 20-32); or
(c)
A Landmark Alteration Permit if the structure is subject to Historic and Cultural Preservation (Chapter 20-58); and
(d)
Complies with the following standards:
i.
The structure is not used for human habitation, unless permitted in compliance with Section 20-42.130 (Accessory dwelling units) and is at least 10 feet from any building used for human habitation on the same or an adjacent lot;
ii.
The structure complies with the Uniform Building Code and has been approved by the Building Division; and
iii.
No part of the structure overhangs a property line or drains onto an adjacent lot.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 § 13, 2011; Ord. 2017-024 § 10)
§ 20-42.034 Alcoholic beverage sales.
Alcoholic beverage sales shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Applicability. In addition to the regulations of the applicable zoning district, any establishment under 10,000 square feet that sells alcohol for on-site or off-site consumption, including liquor stores, convenience food stores, markets, taverns, and bars shall be permitted only by Conditional Use Permit. A large retailer of 10,000 square feet or greater, such as a supermarket that sells alcoholic beverages as a normal part of the business, is a permitted use. These provisions shall not apply to a winery, tasting room, and/or brewery that sells alcoholic beverages as a normal part of business, when these uses are permitted uses. Applicable provisions of these use regulations shall only apply to winery, tasting room, and/or brewery uses when conditionally permitted.
B.
Operating standards. An establishment that is subject to the requirements of this section shall comply with the following standards. In considering a Conditional Use Permit application, the review authority may choose to waive any of the following standards, and/or to impose revised or additional standards as conditions of approval.
1.
Customer and site visitor management.
a.
The operator of the establishment shall take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if directly related to the patrons of the subject alcoholic beverage outlet.
(1)
"Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in making the request.
(2)
"Nuisance" includes disturbances of peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or police detentions and arrests.
b.
The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours.
c.
The operator shall ensure that the hours of operation shall not be a detriment to the surrounding area.
2.
Trash, litter, graffiti.
a.
The operator shall clear the sidewalks adjoining the premises plus 10 feet beyond property lines along the street as well as any parking lots under the control of the operator as needed to control litter, debris and trash.
b.
The operator shall install and maintain one permanent, non-flammable trash container on the property's exterior.
c.
The operator shall remove all graffiti from the premises and parking lots under the control of the operator within 72 hours of its application.
3.
Staff training. Within 90 days from issuance of a certificate of occupancy or if no Building Permit is required, within 90 days of issuance of the Conditional Use Permit, all owners, managers and employees selling alcoholic beverages shall complete a certified training program in responsible method and skills for selling alcoholic beverages. The certified program shall meet the standards of the ABC or other certifying/licensing body which the state may designate. New owners, managers and employees shall complete the training course within 30 days of the date of ownership or employment. Records of successful completion for each owner, manager and employee shall be maintained on the premises and presented upon request by a representative of the City.
4.
Staffing, surveillance, and security.
a.
Signs and displays on the premises shall not obstruct the sales counter, cash register and customer from view from the exterior.
b.
The operator shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum the external cameras shall monitor the entrance to the premises and vicinity of at least 20 feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes from these cameras shall be retained for at least 10 days from date of recording before destruction or reuse. The tapes shall be made available to the Police Department upon request.
c.
A monitored robbery alarm system shall be installed and maintained in good working condition. An alarm permit shall be obtained from the Police Department prior to operation.
d.
Restrooms shall remain locked and under the control of the cashier.
e.
The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.
5.
Limitations on product sales and display.
a.
The operator shall not sell, furnish or give away empty cups, glasses or similar receptacles commonly used for the drinking of beverages in quantities of less than 24 count in their original packaging.
b.
Coolers, tubs and other storage containers holding alcoholic beverage shall be equipped with a locking mechanism which shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited.
c.
No beer or wine shall be displayed within five feet of the cash register or front door of the premises.
d.
No video or arcade type games are permitted on the property. California State Lottery games are permitted.
6.
Signs, postings.
a.
Premises identification shall comply with City Code Section 18-16.034 and Fire Department Illuminated Address Signs bulletin.
b.
A copy of the conditions of approval for the Conditional Use Permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized City official upon request.
c.
Signs shall be posed on the inside of the premises stating that drinking on the premises or in public is prohibited by law.
7.
Compliance with other requirements.
a.
The operator shall comply with all provisions of all local, state or federal laws, regulations or orders, including those of the ABC, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders.
b.
The operator shall comply with all provisions of the City Code and conditions imposed by City issued permits.
c.
Any change in ABC license type including, but not limited to, a change from a Type 20 to a Type 21 license, or a substantial physical change or character of premises as defined in Title 4 of the California Code of Regulations Section 64.2(b), shall require a new Conditional Use Permit to continue operation.
C.
Criteria for review. In granting a Conditional Use Permit for the sales of alcoholic beverages for offsite consumption and making the findings required for Conditional Use Permit approval by Section 20-52.050, the review authority shall consider the following:
1.
Whether the use serves public convenience or necessity;
2.
The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City;
3.
The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county-wide average;
4.
The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts;
5.
The proximity of the alcoholic beverage outlet to residential districts, day care center, park and recreation facilities, places of religious assembly, and schools;
6.
Whether the site plan and floor plan incorporated design features to assist in reducing alcohol related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior.
D.
Grounds for modification or revocation. In addition to the grounds in Section 20-54.100 (Permit Revocation or Modification), the Commission may require modification, discontinuance or revocation of a Conditional Use Permit if the Commission finds that the use is operated or maintained in a manner that it:
1.
Adversely affects the health, peace or safety of persons living or working in the surrounding area; or
2.
Contributes to a public nuisance; or
3.
Has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests; or
4.
Violates any provision of the City Code or condition imposed by a City issued permit, or violates any provision of any other local, State or Federal law, regulation, or order, including those of the ABC, or violates any condition imposed by permits issues in compliance with those laws.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3766 §§ 2, 3, 2006; Ord. 3968 § 14, 2011; Ord. 3989 § 5, 2012; Ord. 2021-012 § 32)
§ 20-42.040 Animal keeping.
Animal keeping shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
The care and keeping of any animal shall comply with the provisions of City Code Title 7 and all applicable provisions of this Zoning Code.
B.
On any lot in a residential zoning district, or in conjunction with any residential use in any other district, a total of five animals (domestic or exotic) may be kept on one lot, of which not more than three may be dogs, and not more than one may be a pot-bellied pig. In addition to the five animal total, hens may be kept in accordance with the limitations of Table 4-1 and the development standards below.
C.
Development standards for hen keeping. All hen keeping shall be in compliance with all of the following development standards and requirements.
1.
Roosters are prohibited.
2.
Hens shall be kept in a securely fenced area within the rear yard of the residential property. A coop and pen are required.
3.
The coop and pen shall comply with the following development standards:
a.
Setbacks. For keeping of six or fewer hens, the coop shall be set back a minimum of five feet from side or rear property lines. For keeping of more than six hens, the coop shall be set back a minimum of 10 feet from side or rear property lines. For all hen keeping, the coop shall be located a minimum of 20 feet from habitable structures on adjacent properties; greater distances are encouraged where practicable.
b.
Coop height. Coops shall be no taller than eight feet in height.
c.
Coop and pen design and maintenance. The coop and pen shall be designed, constructed, and maintained such that the hens are securely contained.
d.
Ongoing maintenance and care. The coop and pen shall be maintained in a clean and sanitary condition. All enclosures shall be constructed and maintained to prevent rats or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with hen keeping shall be managed to minimize contact with rodents.
Table 4-1—Number of Hens Allowed | |||
|---|---|---|---|
Lots 5,000 sq ft or less | Lots 5,001—10,000 sq ft | Lots 10,001—43,560 sq ft | Lots over one acre |
3 | 6 | 6 hens per 10,000 sq ft of lot area up to 12 hens | 6 hens per 10,000 square feet of lot area up to 30 hens |
D.
Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), livestock farming shall be limited to the raising, feeding, maintaining, and breeding of livestock, subject to a minimum 20,000 square foot gross lot area and the following cumulative limitations and conditions:
1.
One hog or pig per each 20,000 square feet of gross lot area; or
2.
One horse or mule or cow or steer per each 20,000 square feet of gross lot area; or
3.
Twenty-five chickens per each 20,000 square feet of gross lot area; or
4.
Three goats or sheep or similar livestock per each 20,000 square feet of gross lot area; or
5.
Ten ducks or rabbits or similar livestock per each 20,000 square feet of gross lot area; or
6.
Twenty-five pigeons or 50 ornamental or song birds per each 20,000 square feet of gross lot area.
The development standards for hen keeping are not applicable to livestock farming. The lot area used to justify one class of animals shall not be used concurrently to justify another class of animals. |
(Ord. 3677 § 1, 2004; Ord. 3994 § 2, 2012)
§ 20-42.044 Automated teller machines (ATMs).
Outdoor automated teller machines (ATMs) shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). A drive-through ATM shall also comply with the requirements of Section 20-42.064 (Drive-Through Retail and Service Facilities).
A.
Location requirements. An outdoor ATM shall be:
B.
Architectural design. All construction and modifications to the exterior of the structure housing an ATM shall be completed in a manner consistent with the architectural design of the structure and in compliance with all applicable City design standards and guidelines.
C.
Parking. Off-street parking shall be provided in compliance with Section 20-36.040 (Number of Parking Spaces Required), provided that an ATM may utilize on-street loading spaces, rather than on-site parking spaces, with the approval of the Director of Transportation and Parking.
D.
Trash disposal. Each outdoor ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by ATM users.
(Ord. 3677 § 1, 2004)
§ 20-42.050 Day care facilities.
Child day care centers shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). Small and large family day care homes are not subject to the requirements of this section.
A.
Purpose. The availability and affordability of quality, licensed childcare is beneficial to the well-being of parents and children within this community. The purpose of regulating child day care facilities within the City shall be to:
1.
Facilitate and encourage the establishment of licensed child day care, by streamlining the permit process and making fees as economical as possible;
2.
Specify standards to avoid any adverse effects of such facilities upon surrounding properties; and
3.
Avoid the over-concentration of childcare facilities in any neighborhood.
B.
Application requirements. The following shall be included in each application for a child day care facility Zoning Clearance or Minor Conditional Use Permit:
1.
The application shall indicate the number of children to be cared for, including the applicant's children under 10 years of age; the number of employees; hours of operation and outdoor playtime; and State license number. The application and site plan shall clearly show compliance with applicable standards.
2.
A site plan (8-1/2" x 11") showing: location and dimensions of existing residence and other structures, including: fencing; outdoor play structures and equipment; distance to property line; parking areas and number of spaces both on-site and off-site spaces contiguous to property lines; access and traffic circulation.
3.
An accurate traffic circulation plan showing parking, circulation and drop-off areas.
C.
Standards for childcare facilities allowed with a Zoning Clearance.
1.
The operation of any childcare center shall comply with all provisions of the City's Noise ordinance.
2.
A facility on a regional street shall provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway.
3.
The facility shall comply with all applicable building and fire code provisions adopted by the State and administered by the City Fire Marshal, and California Department of Social Services licensing requirements.
D.
Conditions of approval for child day care centers which require a Minor Conditional Use Permit. The operation of a child day care center, in compliance with a Minor Conditional Use Permit as required by Division 2, may be conditioned or limited by the permit, except as may be prohibited by state law applicable to a chartered city, in any manner deemed necessary by the review authority to ensure the preservation of the health, safety and general welfare of the community and the neighborhood where the center is proposed. The scope of permit review and approval shall be limited as required by state law to the following.
1.
Noise. The operation of any child care center shall comply with all provisions of the City noise ordinance. The review authority may require conditions of approval to reduce noise impacts including: solid fencing or other sound attenuating devices; restrictions on outside play hours; location of play areas; and placement of outdoor play equipment.
2.
Traffic circulation. The traffic circulation plan for all child day care facilities shall be designed to diminish traffic safety problems. A facility on a regional street (as shown on the General Plan Circulation Map) shall provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway. The care provider may be required to submit a plan of staggered drop-off and pickup time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems.
E.
Required findings for approval for child day care centers which require a Minor Conditional Use Permit. No Minor Conditional Use Permit for a child day care center shall be granted unless the review authority first makes all of the following findings, in addition to those required by Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits):
F.
Notification of proposed action. Not less than 10 working days prior to the date on which the decision will be made on the Minor Conditional Use Permit application, the City shall provide public notice in compliance with Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits) to the applicant, and all owners of property within a 600-foot radius of the exterior boundaries of the proposed parcel. The notice shall state that no hearing on the application shall be held prior to the decision, unless requested by the applicant or owners of property described above.
§ 20-42.060 Community care and health care facilities.
Community care and health care facilities shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this Section are intended to facilitate the integration of mentally and physically handicapped persons who are in family residential situations into community life, as mandated by state law applicable to a chartered city, while avoiding the over-concentration of these facilities in any particular neighborhood. The purpose of regulating the location of community care and health care facilities is to permit these services to be available at locations within Santa Rosa, as mandated by state law applicable to a charter city, that are convenient to the public, while requiring the mitigation of or avoiding any adverse effects of the facilities upon surrounding properties to the extent permitted by law.
B.
Application requirements. The following shall be included in an application for a community care facility Minor Conditional Use Permit:
1.
One copy of a completed Conditional Use Permit application form. The application shall indicate: number of persons to be cared for; number of employees; hours of operation and outdoor playtime; and State license number. The application and site plan shall clearly show conformance to standards.
2.
One copy of a site plan (8-1/2″ x 11″) showing: location and dimensions of existing residence and other structures, including: fencing; outdoor play structures and equipment; distance to property line; parking areas and number of spaces both on-site and off-site spaces contiguous to property lines; access and traffic circulation.
3.
An accurate traffic circulation plan showing parking, circulation and drop-off areas.
C.
Conditions of approval. The operation of a community care or health care facility serving seven or more persons, in compliance with a Minor Conditional Use Permit as required by Division 2, may be conditioned or limited by the permit, except as may be prohibited by State law applicable to a chartered city, in any manner deemed necessary by the review authority to ensure the preservation of the health, safety and general welfare of the community and the neighborhood where the facility is proposed. The scope of permit review and approval shall be limited as required by State law to the following.
1.
Spacing and concentration. No proposed community care/health care facility shall be located closer than 300 feet in all directions from any other community care facility, as measured from any point on the exterior walls of both structures. In no case shall a residential parcel be directly abutted by community care facilities on two or more sides.
2.
Over-concentration of facilities. The over-concentration of community care/health care facilities in an area shall constitute cause for the denial of a Minor Conditional Use Permit, where it is determined that overconcentration will not be mitigated by conditions that might be imposed upon the Minor Conditional Use Permit and other measures instituted by the applicant. As used in this Section, a condition of "overconcentration" arises wherever two or more community care facilities would be located at a distance of 1,000 feet or less from each other, as measured from any point upon the outside walls of the structures housing the facilities.
 Figure 4-1—Overconcentration of Community Care Facilities |
D.
Required findings for approval. No Minor Conditional Use Permit for a community care/health care facility shall be granted unless the review authority first makes all of the following findings, in addition to those required by Section 20-52.050 (Conditional Use Permits and Minor Conditional Use Permits):
E.
Notification of proposed action. Not less than 10 working days prior to the date on which the decision will be made on the application, the City shall provide public notice in compliance with Section 20-52.050 (Conditional Use Permits and Conditional Minor Conditional Use Permits) to the applicant, and all owners of property within a 100-foot radius of the exterior boundaries of the proposed parcel. The notice shall state that no hearing on the application shall be held prior to the decision, unless requested by the applicant or owners of property described above.
§ 20-42.064 Drive-through retail and service facilities.
Where allowed by Division 2 (Zoning Districts and Allowable Land Uses), retail or service uses providing drive through facilities shall be designed and operated to effectively mitigate problems of traffic congestion, excessive pavement, litter, noise, and unsightliness.
A.
Drive-through aisles shall have a minimum 20 foot radius at curves and a minimum width of 12 feet.
B.
Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings.
C.
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
D.
The adequacy of vehicle queuing capacity of the drive-through facility and the design and location of the ordering and pickup facilities shall be determined by the review authority
E.
Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking facilities.
(Ord. 3677 § 1, 2004)
§ 20-42.070 Home occupations.
Home occupations shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to allow limited business activity to occur within a residence, where the business activity is clearly incidental to the primary residential use and will not change the residential character of the neighborhood. Home occupations are also a means of promoting workplace alternatives consistent with General Plan goals. It is not the intent of this section to override lawful "residential use only" restrictions set forth in Conditions, Covenants, and Restrictions or similar provisions.
B.
Prohibited uses. The following uses and similar activities are prohibited as home occupations, except that welding, woodworking, or metal working shops are allowed within the Maker Mixed Use (MMU) zoning district, subject to required permits and compliance with all City Code performance standards:
C.
Permit requirements. A home occupation shall require Minor Conditional Use Permit or Conditional Use Permit approval in compliance with this subsection if it not considered exempt. The approval shall run with the parcel where granted and shall not be transferred to another location.
1.
Exempt home occupations. A home occupation that complies with the following requirements and standards, including a cottage food operation (CFO) for off-site sale, shall not require the approval of a Minor Conditional Use Permit or Conditional Use Permit:
a.
The occupation involves only the use of common household equipment, including, but not limited to, the computer/internet, telephone, and mail; or
b.
The occupation is conducted elsewhere, but some or all of the equipment and materials are kept in one vehicle garaged on the premises; or
c.
The occupation utilizes the home as an adjunct to a principal office located elsewhere, and no customers, clients, students, patients, or persons in similar relationships to the office's affairs visit the home as a regular business practice; or
d.
The occupation involves tutoring of no more than two students at one time.
2.
Standards for exempt home occupations.
a.
The home occupation is conducted only within the main dwelling; and
b.
The home occupation does not involve the direct transfer or sale of goods or commodities to clients upon or from the dwelling or any residential property; and
c.
The home occupation shall not generate vehicular or pedestrian traffic not normally associated with a single-family residential use. There shall be no employees other than resident of the dwelling, and no customers or clients shall visit the home as a regular business practice (excluding the tutoring of no more than two students at one time); and
d.
The home occupation shall occupy no more than 25 percent of the floor space of the main dwelling. The use of a garage in connection with a home occupation shall not interfere with vehicular storage; and
e.
There shall be no exterior indication of the home occupation. No exterior signs or other form of advertising which informs the public of the address of the home occupation shall be used; and
f.
The home occupation shall not generate noise, odor, dust, vibrations, fumes, smoke, glare, or electrical or electronic interference or other interference with the residential use of neighboring properties.
3.
Home occupations requiring Minor Conditional Use Permit approval. The Zoning Administrator may grant a Minor Conditional Use Permit for a home occupation that meets all of the following criteria:
a.
The home occupation utilizes the services of no more than two nonresident employees or independent contractors;
b.
Parking shall be provided in compliance with the following standards:
(1)
One on-site parking space for each client and/or customer/employee arriving by vehicle,
(2)
Customers, clients, and/or employees shall be directed to park on site,
(3)
Parking required for customers/clients/employees may be: tandem; within a driveway; or some other on-site location other than within a required setback,
(4)
All proposed parking areas shall require Design Review approval prior to construction to ensure that the residential character of the neighborhood is maintained,
(5)
The required parking spaces for each residential unit (excluding visitor parking) shall be maintained and regularly utilized for daily parking by the resident occupants. The home occupation shall not cause resident occupants to park their vehicles in other locations, and
(6)
In lieu of on-site parking, the Commission may consider and approve the use of on-street parking if the Commission finds that sufficient parking exists on the neighborhood streets and the use of on-street parking will not adversely impact neighborhood residential parking availability nor create a nuisance for neighborhood residents;
c.
The use of an accessory structure may not be detrimental to adjoining residential properties and their residents.
D.
Standards for all home occupations. Each home occupation shall comply with all of the following standards:
1.
The home occupation is conducted by a resident occupant of the dwelling.
2.
There shall be no signs except for street address, and/or name identification as provided for in Chapter 20-38 (Signs) and a three-by five-inch placard located on the front door or adjacent the doorbell that identifies the home occupation.
3.
There shall be no outdoor storage of supplies, merchandise, or other materials utilized in the home occupation.
4.
There shall be no routine or regular outside activities such as: truck loading/unloading (exclusive of occasional deliveries); preparation of work equipment or supplies; production, processing, repair or similar work.
5.
There shall be no advertising which informs the public of the address of the home occupation.
6.
The home occupation shall comply with all other applicable laws.
7.
The home occupation will not generate noise, odor, dust, vibrations, fumes, smoke, glare, electrical, or electronic interference with the residential use of adjacent properties.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 24; Ord. 2021-012 § 33)
§ 20-42.080 Live/work and work/live units.
Live/work and work/live units shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. This section provides standards for the development of new live/work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units. Live/work and work/live units are intended to be occupied by business operators who live in the same structure where the commercial activity or industry occurs. A live/work unit is intended to function predominantly as living space with incidental accommodations for work-related activities that are beyond the scope of a home occupation. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.
B.
Limitations on use. The nonresidential component of a live/work or work/live project shall be a use otherwise allowed within the applicable zoning district, subject to the following additional limitations:
1.
Prohibited uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:
2.
Live/work unit. A live/work unit shall not be established or used in conjunction with any of the following activities:
a.
Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
b.
Welding, machining, or any open flame work; except as permitted as Subsection B.1.e, below.
c.
Any use defined by Division 7 (Glossary) as "Manufacturing/Processing—Heavy";
d.
Any other activity or use, as determined by the Zoning Administrator to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes; and
e.
A live/work unit may be established in conflict with Subsections B.1.a and b, within the Maker Mixed Use (MMU) zoning district only, with necessary approvals from City fire and building officials, and subject to all performance standards within the City Code.
C.
Density/floor area ratio. Live/work and work/live units shall comply with the maximum density or floor area ratio requirements of the applicable zoning district, except that live/work and work/live units within the CSC, BP, IL, or IG zones shall not exceed a density of 30 dwelling units per acre.
D.
Design standards.
1.
Live/work floor area requirements. The minimum net total floor area of a live/workspace shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for work space. All floor area other than that reserved for working space shall be reserved and regularly used for living space.
2.
Work/live floor area requirements. The minimum net total floor area of a work/live space shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for living space. All floor area other than that reserved for living space shall be reserved and regularly used for working space.
3.
Separation and access. Each live/work or work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or the public street sidewalk; and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.
4.
Facilities to accommodate commercial or industrial activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.
5.
Integration of living and working space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or other similar private spaces.
6.
Mixed occupancy buildings. If a building contains mixed occupancies of live/work or work/live units and other nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the Building Official.
E.
Operating requirements.
1.
Occupancy. A live/work or work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.
2.
Sale or rental of portions of unit. No portion of a live/work or work/live unit may be separately rented or sold as a commercial space for any person not living in the unit or as a residential space for any person not working in the same unit.
3.
Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.
4.
Nonresident employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the Minor Conditional Use Permit. The employment of three or more persons who do not reside in the live/work or work/live unit may be permitted subject to Conditional Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable Building Code requirements.
5.
Client and customer visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the applicable Minor Conditional Use Permit or Conditional Use Permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas or uses.
F.
Changes in use. After approval, a live/work or work/live unit shall not be converted to entirely residential use unless authorized through Minor Conditional Use Permit approval. Minor Conditional Use Permit approval shall require that the Zoning Administrator first find that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.
G.
Required findings. The approval of live/work or work/live unit shall require that the review authority first make all of the following findings, in addition to all findings required for Minor Conditional Use Permit approval.
1.
The proposed use of each live/work or work/live unit is a bona fide commercial or industrial activity consistent with Subsection B (Limitations on use);
2.
The establishment of live/work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; and
3.
Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially-zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 25)
§ 20-42.090 Mixed use projects.
Mixed use projects shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Design considerations. A mixed use project shall be designed to achieve the following objectives:
1.
The design shall provide for internal compatibility between the different uses.
2.
Potential noise, hours of operation, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.
3.
The design of the mixed use project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.
4.
The design of a mixed use project shall ensure that the residential units are of a residential character, and that privacy between residential units and between other uses on the site is maximized.
5.
The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture.
6.
Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.
B.
Mix of uses. A mixed use project may combine residential units with any other use, or combination of uses allowed in the applicable zoning district; provided that where a mixed use project is proposed with a use that is otherwise required to have Minor Conditional Use Permit or Conditional Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement.
C.
Maximum density/maximum FAR. The residential component of a mixed use projectshall comply with the maximum density requirements of the applicable zoning district. Mixed use projects located within the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU) and Neighborhood Mixed Use (NMU) zoning districts shall comply with the designated maximum FAR unless as provided for in Table 2-8.
D.
Site layout and project design standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements:
1.
Loading areas. Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible.
2.
Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.
E.
Performance standards.
1.
Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units.
2.
Noise. All residential units shall be designed to minimize adverse impacts from nonresidential project noise, in compliance with the City's noise regulations.
3.
Hours of operation. Outside of the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU) and Neighborhood Mixed Use (NMU), a mixed-use project proposing a commercial component that will operate outside normal business hours (8:00 a.m. to 6:00 p.m.) shall require the Zoning Administrator's approval to ensure that the commercial use will not negatively impact the residential uses within the project.
F.
Requirements for Conditional Use Permit projects. A mixed use project that requires Conditional Use Permit approval in compliance with Subsection B, or that is located in the CG or IL zoning districts may be subject to the following requirements, as determined by the review authority.
1.
Conditions of approval that require provisions and standards in addition to, or instead of the property development standards of the applicable zoning district to ensure the compatibility of uses and surroundings; or
2.
Less restrictive standards than required by the applicable zoning district, to the extent allowed by Conditional Use Permit approval in other sections of these regulations, to make particular use combinations more feasible.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2020-014 § 26)
§ 20-42.094 Mobile homes and manufactured housing.
A mobile home/manufactured housing unit located outside of mobile home park shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Site requirements. The site, and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.
B.
Mobile home design and construction standards. A mobile home outside of a mobile home park shall comply with the following design and construction standards.
1.
The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.
2.
The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 2.5:12.
3.
The mobile home shall be placed on a foundation system, subject to the approval of the Building Official; and
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
§ 20-42.100 Mobile home parks.
Mobile home parks shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Location criteria. In determining the desirability of permitting the development of a mobile home park outside of the MH zoning district, the review authority shall be guided by the General Plan and by the following considerations:
1.
The relationship of proposed project to the existing and proposed street network;
2.
The relationship of the proposed project to public facilities, including existing or proposed shopping centers and schools;
3.
The effect of the proposed project on adjoining uses and the effect of adjoining uses on the project;
4.
The general impact of the proposed mobile home park on the immediate vicinity and terrain; and
5.
The compatibility of the proposed park to surrounding uses and land use densities.
B.
Development standards. A mobile home park shall be designed and constructed in compliance with the following standards, except as otherwise provided in this Zoning Code or as modified by Conditional Use Permit.
1.
Minimum site area. A mobile home park shall require a minimum site area of five acres.
2.
Residential density. A mobile home park shall comply with the residential density requirements of the General Plan.
3.
Setback requirements.
a.
Mobile home park boundaries.
(1)
Front. Each mobile home park shall have a front setback measured from the front property line to the nearest mobile home lot line not less than 20 feet for the full width of the parcel.
(2)
Sides and rear. Each mobile home park shall have a rear setback and side setbacks measured from the property line to the nearest mobile home lot line, not less than 15 feet on all sides of the parcel, except where a side or rear setback abuts a street, in which case the setback shall not be less than 20 feet.
b.
Setbacks for individual mobile homes.
(1)
Front and rear. There shall be an aggregate front and rear setback width of at least 20 feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. No front or rear setback shall be less than five feet.
(2)
Sides. There shall be a minimum side setback of five feet measured from the mobile home, carport, canopy or any other structure to the mobile home lot line. Where the side setback abuts an internal access road, public parking area, or walkway, that side setback shall be not less than 10 feet in width.
(3)
Separation between structures. Where a mobile home is located near any permitted building other than another mobile home, the minimum space between the mobile home and the other building shall be 20 feet.
4.
Height limit. No structure shall exceed a maximum height of two stories, or 35 feet.
5.
Access and street standards.
a.
Pedestrian access. Pedestrian access into the mobile home park shall be provided by connecting the interior pedestrian pathway network with sidewalks located in the rights-of-way of perimeter streets.
b.
Vehicular access. Vehicular access to mobile home parks shall be from abutting regional or transitional streets. Vehicular access to mobile home parks from local streets in the R-1 and R-2 zones shall be prohibited. One vehicular access to mobile home parks from each abutting regional or transitional street may be permitted.
c.
Internal access roads. Internal access roads shall be paved to a width of not less than 25 feet. Internal access roads of less than 25 feet may be permitted when mobile home orientation is toward interior open space. Internal access roads shall be 32 feet in width if car parking is permitted on one side, and 40 feet in width if car parking is permitted on both sides. Widths shall be measured from the flowline for both standard curb construction and rolled curb construction.
(1)
No mobile home park entrance shall be located closer than 100 feet to any intersection of any public streets.
(2)
All internal access road cul-de-sacs shall have a minimum outside turning radius of 32 feet.
(3)
All internal corners shall have minimum 15-foot radii.
(4)
Curbs and gutters shall be installed on both sides of all internal access roads. Curbs may be roll-type rather than vertical.
(5)
All internal access roads shall be adequately lighted.
(6)
Each site shall have access directly to an internal access road.
(7)
Stop signs shall be provided at all intersections with public streets.
6.
Walls, fences and landscaping.
a.
Required fences and walls. A six-foot high solid masonry wall or such other decorative fencing or screening of a similar nature as determined by the review authority shall be constructed along all boundaries adjoining other properties and 15 feet back of the property line adjacent to any public street unless otherwise approved.
b.
Park perimeter landscaping. All setbacks and incidental open space areas shall be landscaped and maintained. Landscaping shall include trees not less than a number determined by dividing the number 25 into the number of linear feet of frontage abutting public streets. The trees shall be at least eight feet in height. An irrigation system shall be included within all landscaped areas, and other assurances given prior to the development of the mobile home park that all landscaping shall be adequately maintained.
c.
On-site landscaping. In the design of the mobile home park, the developer shall make every effort to retain existing trees. Not less than 20 percent of each mobile home space shall be landscaped with plant materials, including at least one tree at least eight feet in height with a trunk diameter of at least one inch measured one foot above ground level. Tree selection shall be a part of the landscape plan review process.
7.
Grading. Mobile home parks in areas of excessive slope may require additional lot area to minimize cut and fill slopes; however, where mobile home sites are graded into stepped pads, there shall be no more than a three-foot vertical elevation difference between adjoining pads whether separated by an internal access road or not.
8.
Required patio. A patio of wood, concrete or a combination thereof, having a minimum area of 160 square feet, shall be installed as part of each mobile home lot prior to occupancy of the unit.
9.
Storage.
a.
Tenant storage. A minimum of 75 cubic feet general storage locker shall be provided for each mobile home space. Storage lockers may be located on the mobile home lot or in locker compounds located within close proximity of the mobile home lot being served.
b.
RV storage areas. Areas of a minimum size of 10 by 20 feet for the storage of camping trailers, boats, campers, and other similar vehicles and recreational equipment shall be constructed of a dust free allweather surface and shall be enclosed by a six-foot, sight-obscuring decorative fence and gate.
10.
Accessory structures.
11.
Management office. Each mobile home park shall maintain a management office. Suitable facilities shall be provided for mail distribution.
12.
Storage of mobile homes. No mobile home shall be hauled to or stored within a mobile home park unless it is properly erected on a site approved for its use.
13.
Sanitary sewer. Each mobile home space shall be provided with a connection to a City sewer line, either directly or indirectly.
14.
Utilities. All utility service within a mobile home park shall be underground.
15.
Refuse disposal. Refuse disposal shall be by central collection containers located behind decorative screens.
(Ord. 3677 § 1, 2004)
§ 20-42.110 Outdoor display and sales.
The provisions of this section apply to permanent outdoor display and sales activities, where allowed by Division 2 (Zoning Districts and Allowable Land Uses). See also Sections 20-36.030.C (Restriction of parking facility use), and 20-52.040 (Temporary Use Permits) for requirements applicable to temporary facilities.
A.
Outdoor displays and sales on private property. The permanent outdoor display and sale of merchandise is allowed subject to the following standards.
1.
The outdoor display of merchandise shall not exceed a height of six feet above finished grade, unless a greater height is allowed by the review authority.
2.
Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed by the review authority.
3.
Displayed merchandise shall occupy a fixed, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, easements, required exits from existing buildings, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for vehicle or pedestrian traffic.
4.
The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the same parcel.
5.
Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.
6.
Outdoor display and sales shall comply with Section 20-36.030.C (Restriction of parking facility use).
B.
Outdoor eating areas on private property. A restaurant allowed by Division 2 may include both indoor and outdoor eating areas, provided that the outdoor eating area shall also comply with restaurant parking requirements of Chapter 20-36 (Parking and Loading Standards). See Section 20-42.160 for sidewalk café regulations. A Zoning Clearance is required for outdoor eating areas in the Core Mixed Use (CMU), Station Mixed Use(SMU), Maker Mixed Use (MMU), Neighborhood Mixed Use (NMU), Office Commercial (CO), Neighborhood Commercial (CN), General Commercial (CG), Commercial Shopping Center (CSC) and Transit Village Mixed (TV-M) zoning districts. A Minor Conditional Use Permit is required for all other zoning districts.
C.
Business use of the public right-of-way within the CMU, SMU, MMU and NMU zoning districts. The display of merchandise, and news racks may be permitted on any public right-of-way within these zones subject to compliance with the following criteria, in addition to the requirements of Section 20-42.160 (Sidewalk cafés), where applicable.
1.
Location requirements, and sidewalk clear zone. A paved pedestrian walkway shall be maintained between property line and edge of curb, free and clear of and obstructions.
a.
The display of merchandise, news racks shall not obstruct sidewalk pedestrian traffic; accessibility to vehicles parked adjacent to the curb or create health or safety hazards.
b.
The placement of merchandise, news racks shall be limited to the sidewalk area frontage adjacent to the use.
c.
All merchandise, news rack, areas must be level with sidewalk, and handicap accessible.
2.
Encroachment Permit required. The applicant shall obtain a revocable Encroachment Permit.
3.
Insurance. Applicant shall obtain, maintain and provide proof of a comprehensive general liability insurance in an amount of $1 million or more (for each occurrence), naming the City as additionally insured. Proof of insurance shall be submitted prior to issuance of the Encroachment Permit and shall be provided annually thereafter. The applicant's insurance shall be primary.
4.
Issuance of permit. Once all requirements are met, the City shall provide the Encroachment Permit.
(Ord. 3677 § 1, 2004; Ord. 2020-014 § 27)
§ 20-42.120 Recycling facilities.
This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Reverse vending machines. Reverse vending machines shall comply with the following standards.
1.
Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.
2.
Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.
B.
Small collection facilities. A small collection facility shall comply with the following standards.
2.
Maximum size. A small collection facility shall not occupy more than 600 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
3.
Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.
4.
Operating standards for small collection facilities. Small collection facilities shall:
a.
Not use power-driven processing equipment, except for reverse vending machines;
b.
Accept only glass, metal, or plastic containers, paper, and reusable items;
c.
Use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and
d.
Be screened where determined by the review authority to be necessary because of excessive visibility.
5.
Signs. Non-illuminated signs may be provided as follows:
a.
Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
6.
Parking requirements.
a.
No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.
b.
Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.
C.
Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.
1.
Location requirements. The facility shall not abut a parcel zoned for residential use.
2.
Container location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and
3.
Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.
4.
Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
5.
Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.
6.
Operating standards.
a.
The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors.
b.
Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
D.
Processing facilities. Processing facilities shall comply with the following standards.
1.
Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.
2.
Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.
3.
Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.
4.
Container location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and
5.
Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;
6.
Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls;
7.
Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
(Ord. 3677 § 1, 2004)
§ 20-42.130 Accessory dwelling units.
Accessory dwelling units shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to set standards, in compliance with California Government Code Sections 66310, 66311, and 66312, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood.
B.
General requirements. An accessory dwelling unit:
1.
May be located on any lot that allows a single-family or multifamily residential use and includes a proposed or existing dwelling.
2.
Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.
3.
Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.
4.
Shall not be used for rentals with terms of less than 30 days.
5.
Shall not be sold or otherwise conveyed separate from the primary residence.
6.
Shall be required to dedicate street right-of-way in accordance with Section 18-12.030 of the Santa Rosa City Code when the right-of-way is needed to support a circulation element identified in the General Plan or any associate specific plan, unless otherwise approved through a waiver process described in Section 18-12.050.
C.
Permit requirements. An application for an accessory dwelling unit or junior accessory dwelling unit that complies with all applicable requirements of this Section shall be approved ministerially.
1.
If the Department, together with utility providers and County Environmental Health when a septic system is utilized, has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the Department denies an application for an accessory dwelling unit or junior accessory dwelling unit, it shall provide in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
2.
A permit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
3.
A permit shall not be denied for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, because, among other conditions, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the Department finds that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure as identified in Health and Safety Code Section 17920.3 (Substandard Buildings).
4.
A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant is not required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit.
D.
Accessory Dwelling Units—Application and processing requirements.
1.
Step one—Submittal. The application for an accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for an accessory dwelling unit permit shall include all of the following (except as noted below):
a.
Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
b.
Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.
c.
Elevations. Architectural elevations of each side of the proposed structure showing all wall height dimensions, openings, exterior finishes (including siding and window materials), original and finish grades, paint color, and roof pitch. The color of the existing or proposed primary residence shall be included if necessary to demonstrate compliance with Subsection E.6 or E.14, below. Applications for accessory dwelling units which do not modify a building's exterior are not required to submit elevations per this Subsection c.
2.
Step two—Decision. The Department shall approve or deny an application for an accessory dwelling unit permit within 60 days of submittal of a complete application. The accessory dwelling unit permit shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this Section.
3.
Utility connections and fees.
a.
Except as provided in Subsection D.3.b, a separate new utility connection and payment of a connection fee or capacity charge pursuant to State law and City fee schedule will be required for any new accessory dwelling unit.
b.
No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single-family residence or an accessory structure, or for accessory dwelling units that are 750 square feet or smaller. Any impact fee charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to square footage of the primary dwelling unit.
E.
Accessory Development standards. An accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:
1.
General. No development standards shall be applied that would prohibit up to an 800 square foot accessory dwelling unit that is no more than 16 feet in height with four-foot side and four-foot rear setbacks to be constructed in compliance with all other local development standards.
2.
Setbacks.
a.
Single-family residential districts including single-family PD districts. An accessory dwelling unit shall comply with the following setback requirements:
(1)
A new attached or detached 800 square foot accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback, and a front setback consistent with that of the primary dwelling unit in a standard zoning district, or the most similar zoning district in the case of a PD. An 800 square foot accessory dwelling unit that complies with all other development standards may be built within the front yard setback of a lot if it is otherwise physically infeasible to build an accessory dwelling unit on other areas of the lot while maintaining the minimum rear and side yard setbacks outlined in this Subsection. Side-corner setbacks shall be a minimum of eight feet.
b.
Multifamily districts including multifamily PD districts. An accessory dwelling unit shall comply with the following setback requirements.
(1)
A new attached or detached accessory dwelling unit shall provide a minimum four-foot side and four-foot rear setback, except when abutting an R-3 zoning district, in which case no minimum side or rear setback is required. The front setback shall be consistent with a primary dwelling unit in the applicable standard zoning district, or the most similar standard zoning district in the case of a PD. Side-corner setbacks shall be a minimum of eight feet.
(i)
If the existing multifamily dwelling exceeds height requirements or has a rear or side setback of less than four feet, the Department shall not require modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit.
c.
No setback shall be required for an existing legally constructed living area, garage, or other accessory structure that is converted to an accessory dwelling unit with independent exterior access from an existing or proposed residence. A setback of five feet from the side and rear property lines is required for an accessory dwelling unit constructed above an existing legally constructed or proposed garage.
d.
Any new attached accessory dwelling unit, detached accessory dwelling unit or expansion of the single-family dwelling to support the internal conversion for an accessory dwelling shall be designed to maintain appropriate setbacks, as described in Subsection E.2.a and b above, from the future width of any abutting public streets. Future street configurations shall be based on the widths, standards and right-of-way lines in the circulation element of the Santa Rosa General Plan, the City Street Design and Construction Standards, City street lists or specifically addressed in a resolution adopted by the City Council.
3.
Maximum floor area.
a.
New detached unit. No newly constructed detached accessory dwelling unit may contain habitable space in excess of 1,200 square feet.
(1)
An automatic fire sprinkler system shall be installed throughout structures that exceed 1,200 square feet total floor area.
b.
New attached unit. No newly constructed attached accessory dwelling unit may contain habitable space in excess of 50 percent of the existing residential square footage except that 850 square feet total floor area must be allowed for studio or one-bedroom ADUs, and 1,000 square feet total floor area must be allowed for more than one-bedroom ADUs.
(1)
An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50 percent of the existing total floor area.
c.
Internal conversion. An accessory dwelling unit created entirely by the internal conversion of an existing or proposed single-family dwelling shall not occupy more than 45 percent of the existing habitable space of the residence, excluding the garage, nor shall it exceed 1,200 square feet except that 850 square feet total floor area must be allowed for studio or one-bedroom ADUs, and 1,000 square feet total floor area must be allowed for more than one-bedroom ADUs. An accessory dwelling unit created entirely by the internal conversion of a detached accessory structure shall not exceed a maximum of 1,200 square feet.
(1)
An automatic fire sprinkler system shall be installed throughout all buildings that undergo any combination of substantial remodel, addition or both that exceed 50 percent of the existing total floor area.
4.
Height limit.
a.
A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet, except as follows:
(1)
The Department shall allow an additional two feet in height (up to 18 feet) to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch on the primary dwelling unit.
(2)
A detached accessory dwelling unit on a lot with an existing or proposed single family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor shall not exceed a height of 18 feet.
(3)
A height of 18 feet is also permitted for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. A height of 25 feet applies to an accessory dwelling unit that is attached to a primary dwelling. This provision does not require the Department to allow an accessory dwelling unit to exceed two stories.
b.
A two-story accessory dwelling unit shall not exceed a maximum height of 27 feet. No accessory dwelling unit shall exceed 27 feet in height.
c.
When an accessory dwelling unit is located above an existing or proposed garage, carport or other accessory structure, the entire combined structure shall not exceed 27 feet in height. No accessory dwelling unit shall exceed 27 feet in height.
5.
Lot coverage. An accessory dwelling unit shall comply with the lot coverage requirements of the applicable zoning district or the most similar zoning district in the case of a PD, except as referenced in Subsection E.1, above.
6.
Architectural compatibility. Architectural compatibility between the accessory dwelling unit and primary dwelling unit shall be demonstrated by matching one or more of the following qualities of the accessory dwelling unit to the proposed or existing primary dwelling unit:
7.
Exterior entrance. An accessory dwelling unit must include a separate exterior entrance.
8.
Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence.
9.
Residential development. A residential dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit.
10.
Number per lot.
a.
A maximum of one detached or attached accessory dwelling unit, one accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, and one junior accessory dwelling unit shall be permitted on any single-family lot zoned for single-family uses.
b.
The number of accessory dwelling units allowed within a multifamily dwelling are limited to not more than 25 percent of the existing number of multifamily dwelling units on the property, except that at least one accessory dwelling unit shall be allowed. These accessory dwelling units shall be allowed within the portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
c.
No more than two detached or attached ADUs are permitted on any multifamily lot developed with an existing or a proposed multifamily dwelling.
d.
No more than eight detached ADUs are permitted on any multifamily lot with an existing multifamily dwelling provided that the number of detached ADUs does not exceed the existing number of multifamily units on the lot.
e.
A maximum of one ADU per lot is allowed when both provisions of Senate Bill 9 - Government Code Sections 65852.21 (Two-unit development) and 66411.7 (Urban lot split) are invoked, provided the two following requirements are met.
(1)
The parcel is located outside of the City's Wildland Urban Interface (WUI).
(2)
The street to access the parcel is at least 36 feet wide, with parking provided on both sides or at least 30 feet wide, with parking limited to one side of the street.
No ADUs are permitted on lots created and developed as allowed by SB 9 which do not meet requirements 1 and 2 above.
11.
Parking. One off-street parking space is required for an accessory dwelling unit, except as set forth below. The off-street parking shall be permitted uncovered, compact, tandem and in setback areas, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific site or topographical or fire and life safety conditions. No off-street parking shall be required if one or more of the following circumstances exist:
a.
The accessory dwelling unit is 750 square feet or less in area, or a studio unit.
b.
The accessory dwelling unit is located within one-half mile walking distance of public transit.
c.
The accessory dwelling unit is located within a historic preservation district.
d.
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
e.
When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.
f.
When there is a car share vehicle located within one block of the accessory dwelling unit.
g.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot.
h.
To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car share vehicle or its location within a historic preservation district, or proof of local parking permit requirements.
i.
No replacement off-street parking spaces are required when an accessory dwelling unit is created through the conversion or demolition, of a garage, carport or covered parking structure or uncovered parking space.
j.
The appointment, responsibilities, and other aspects of the Design Review and Preservation Board, which shall serve as the City of Santa Rosa's historic and cultural preservation review authority, hereafter referred to in this Chapter as the "DRPB," shall comply with Section 20-60.060 (Design Review and Preservation Board).
k.
A detached accessory dwelling unit is permitted to include an attached garage.
12.
Standards for proposed accessory structures attached to an existing or proposed accessory dwelling unit.
a.
A proposed accessory structure with a floor area less than 50 percent of the accessory dwelling unit floor area:
b.
A proposed accessory structure with a floor area that exceeds 50 percent of the total floor area of the accessory dwelling unit:
(1)
Is subject to any discretionary review required by this Zoning Code.
(2)
Shall comply with lot coverage, height, and setback requirements for an accessory structure in the applicable standard zoning district or the most similar standard zoning district in the case of a PD.
(3)
Shall comply with any applicable hillside and/or creekside setbacks.
13.
Standards for hillside areas.
a.
Applicability. The development standards outlined below shall apply to accessory dwelling unit development on that portion of a site with a slope of 10 percent or greater.
b.
Development standards. An accessory dwelling unit exceeding the applicable maximum height for a one-story accessory dwelling unit indicated in Subsection E.4.a, or 800 square feet, shall observe 15-foot setbacks from side and rear property lines. When a building site abuts another parcel with a difference in vertical elevation of three feet or more, the required side and/or rear yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer. Accessory dwelling units that are 800 square feet or less, and which comply with the maximum height requirements for a one-story accessory dwelling unit as described in Subsection E.4.a, shall provide a minimum four-foot side and four-foot rear setback, consistent with this Section.
14.
Standards for Historic Preservation Districts.
a.
Applicability. The requirements outlined below shall apply to new accessory dwelling units within the Historic (-H) Combining District.
b.
Architectural Compatibility. Architectural compatibility between the accessory dwelling unit and primary dwelling unit shall be demonstrated by one of the following means:
(2)
Through the preparation of a historic resource survey by a qualified professional that concludes the proposed accessory dwelling unit will not negatively impact historic resources on the property, will be consistent with Secretary of the Interior Standards for Treatment of Historic Properties.
15.
Standards for creekside development.
a.
Applicability. The development standards outlined below shall apply to accessory dwelling unit development within the specified distances to waterways as indicated in Section 20-30.040 – Creekside Development.
b.
Development standards. An accessory dwelling unit exceeding 16 feet in height, or 800 square feet, shall observe setbacks referenced in Section 20-30.040. Accessory dwelling units that are 800 square feet or less, and no greater than 16 feet in height, shall provide a minimum four-foot side and four-foot rear setback, consistent with this Section.
16.
Fire sprinkler system. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling or an existing multifamily dwelling.
17.
Ownership. The Department shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
F.
Junior accessory dwelling unit. The following provisions are intended to set standards, in compliance with California Government Code Section 66333-66339, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this section to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions.
1.
General requirements. A junior accessory dwelling unit:
a.
May be located on any lot that allows single-family or multifamily dwellings and that contains only one existing or proposed single-family detached dwelling. Only one junior accessory dwelling unit shall be permitted per parcel.
b.
Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and diagrams.
c.
Shall not be used for rentals with terms of less than 30 days.
d.
A maximum of one JADU per lot is allowed when both provisions of Senate Bill 9 - Government Code Sections 65852.21 (Two-unit development) and 66411.7 (Urban lot split) are invoked, provided the two following requirements are met.
(1)
The parcel is located outside of the City's Wildland Urban Interface (WUI).
(2)
The street to access the parcel is at least 36 feet wide, with parking provided on both sides or at least 30 feet wide, with parking limited to one side of the street.
No JADUs are permitted on lots created and developed as allowed by SB 9 which do not meet requirements 1 and 2 above.
2.
Permit requirements. An application for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.
3.
Application and processing requirements.
a.
Step one—Submittal. The application for a junior accessory dwelling unit permit shall be submitted to the Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a junior accessory dwelling unit permit shall include all of the following:
(1)
Plot plan. If any expansion of the foundation is required for a junior accessory dwelling unit, a plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
(2)
Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.
b.
Step two—Decision. The Department shall approve or deny an application for a junior accessory dwelling unit permit within 60 days of submittal of a complete application. A junior accessory dwelling unit permit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this Section. A permit for a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.
4.
Development standards. A junior accessory dwelling unit permit shall be issued only if the unit complies with the following development standards:
a.
Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in total floor area.
b.
Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing or proposed single-family dwelling, which includes the walls of an attached garage. However, an additional 150 square feet is permitted to allow for a separate entrance into the unit.
c.
Kitchen. The junior accessory dwelling unit must contain a kitchen with the following minimum criteria:
(1)
A kitchen sink having a clear working space of not less than 30 inches in front;
(2)
A cooking appliance having a clear working space of not less than 30 inches in front;
(3)
A refrigeration facility having a clear working space of not less than 30 inches in front;
(4)
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
d.
Sanitation. Bathroom facilities may be separate from or shared with the single-family dwelling. A separate bathroom facility shall be provided if the junior accessory dwelling unit does not include an interior entry into the primary residence.
e.
Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single-family dwelling. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.
f.
Parking. Off-street parking shall not be required for junior accessory dwelling units. No replacement off-street parking spaces are required when a junior accessory dwelling unit is created through the conversion or demolition, of an attached garage, carport or covered parking structure.
G.
Deed restrictions. Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
1.
The junior accessory dwelling unit shall not be sold separately from the single-family residence;
2.
The junior accessory dwelling unit shall be considered legal only so long as either the primary residence or junior accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization;
3.
The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval junior accessory dwelling unit and may result in legal action against the property owner;
4.
The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction;
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3968 §§ 15, 16, 2011; Ord. 2017-024 § 7; Ord. 2018-020 § 2; Ord. 2020-003 § 2; Ord. 2021-012 §§ 34, 35; Ord. 2023-003 §§ 2–6; Ord. 2025-001, 1/28/2025)
§ 20-42.140 Residential small lot subdivisions.
A small lot residential project shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to provide opportunities to increase the supply of smaller dwelling units and rental housing units by allowing the creation of subdivisions with smaller lots and dwellings, and to establish design and development standards for these projects to ensure that they are compatible with the surrounding neighborhood, where the General Plan anticipates no change to existing neighborhood character.
B.
Location. A small lot subdivision shall not be allowed where the review authority determines that public utilities and services are inadequate.
D.
Permit requirements. A Minor or Conditional Use Permit for a small lot project shall be reviewed and approved by the applicable review authority prior to the approval of a Tentative Map. Applications for a Minor or Conditional Use Permit and Tentative Map approval may be submitted and considered concurrently, provided that the Conditional Use Permit is first approved. The Minor or Conditional Use Permit shall be prepared, filed, processed, and approved or disapproved in compliance with Section 20-52.050 (Conditional Use Permit and Minor Conditional Use Permit).
E.
Allowable land uses and permit requirements. A small lot project may be developed with, and used for, only the land uses allowed by the zoning district applicable to the site, except as the range of allowed uses may be limited by a Minor or Conditional Use Permit approval.
F.
Site planning and project design standards.
1.
Allowed lot configurations. A small lot project may be designed to include zero lot lines, angled Z lots, zipper lots, alternate-width lots, quad lots, and motor court lots.
2.
Maximum density. A small lot project shall not exceed maximum density allowed by the applicable zoning district, or 18 units per acre, whichever is less.
3.
Minimum lot area. Except for attached single-family units (e.g., townhouses), or rowhouses, minimum lot area may range from 2,000 to 6,000 square feet. A project that is larger than three acres shall be designed to provide a variety of lot configurations and lot sizes.
4.
Setback requirements. Each small lot project shall comply with the following setback requirements, provided that an applicant may propose, and the review authority may approve different setbacks, if the review authority determines that the alternative approach is more appropriate to the characteristics of the site and surroundings. Proposed setbacks shall be shown on the proposed site plan, including identification of proposed building areas, and areas for possible future additions to proposed housing units.
a.
Front setback. A minimum front setback of 10 feet shall be required, provided that a one-story covered porch may project up to six feet into the setback, and provided that no front porch shall have a depth of less than six feet. Front yard setbacks shall be varied along each block face.
b.
Side setbacks. Except for attached single-family, rowhouse, or zero lot line units, the one-story portions of a proposed structure shall be set back a minimum of four feet from side property lines, and the two-story portions of a structure shall be set back a minimum of eight feet from side property lines.
c.
Rear setbacks. A minimum rear setback of 15 feet shall be required, except as provided for garages in Subsection F.4.d, and except where a 10-foot setback is authorized by the review authority in compliance with Subsection F.5.
5.
Private open space. Each single-family parcel shall provide a minimum of 400 square feet of usable private open space with no dimension less than 15 feet.
7.
Site coverage. Proposed structures shall not cover more than 65 percent of the lot.
8.
Two-story structures. Proposed dwellings other than row houses and townhouses shall be designed so that:
a.
The floor area of a second story is no more than 50 percent of all the roofed first floor area of the dwelling (including covered porch area and an attached garage, but not a detached garage); or
b.
25 percent of the dwelling units in the project are one-story; or
c.
All two-story units have one-story elements. Individual unit or project design alternatives other than those in Subsections F.8.a, b, and c above may be authorized by the applicable review authority as part of the Minor or Conditional Use Permit approval.
9.
Second dwelling units. A residential small lot subdivision may include second dwelling units, provided that the units comply with the standards in Section 20-42.130 (Residential Second Dwelling Units), except that a second unit over a garage in a small lot subdivision may instead comply with the setback requirements of Section 20-42.140.F.4.d(2)(b).
G.
Additions and changes to project or approved units. Subsequent expansions or additions to dwelling units and the construction of second dwelling units not shown on the approved site plan for the project may be allowed with Minor Conditional Use Permit approval, provided that any proposed expansion is in compliance with all applicable requirements of this Section, and is not in conflict with the approved site plan.
§ 20-42.150 Vehicle services.
A.
Site requirements. A proposed vehicle services use shall be approved only on a site that complies with the following requirements:
1.
Site area and dimensions. The site shall have a minimum area of 15,000 square feet, at least 100 feet of frontage on an arterial street, a minimum width of 150 feet, and a minimum depth of 100 feet.
2.
Proximity to residential. The site shall not adjoin an existing R-1, R-2 or R-3 zoning district or single-family or two-family residential use at the time the vehicle services use is established, except a nonconforming single-family or two-family residential use, or a single-family or two-family residential use in a commercial zone.
(Ord. 3677 § 1, 2004; Ord. 2022-010 § 4)
§ 20-42.160 Sidewalk cafés.
A.
Purpose. This section provides the conditions and requirements under which a sidewalk café, may be permitted to operate by Zoning Clearance or Minor Conditional Use Permit and encroachment permit on a public sidewalk within the City.
B.
Permit requirements. A sidewalk café is permitted through a Zoning Clearance approved by the Director within the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), and Neighborhood Mixed Use (NMU), Office Commercial (CO), Neighborhood Commercial (CN), General Commercial (CG), Commercial Shopping Center (CSC) and Transit Village Mixed (TV-M) zoning districts. All other zoning districts shall require the approval of a Minor Conditional Use Permit. An encroachment permit is required for all sidewalk cafés.
C.
Review authority. A sidewalk café may be approved by the Director or Zoning Administrator pursuant to Subsection B if it is determined that the proposed café is in conformity with all of the requirements of this section. An encroachment permit must thereafter be obtained from the City Engineer.
D.
Limitations and requirements. The following limitations and requirements shall apply to all sidewalk cafés:
1.
Where permissible. A sidewalk café may be permitted only in a zoning district that allows indoor restaurants, and then only if the sidewalk café is situated adjacent, as specified below, to an indoor restaurant and the sidewalk café's operation is incidental to and a part of the operation of such adjacent indoor restaurant. See Figure 4-1.
a.
A sidewalk café may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the café, provided that the area in which the sidewalk café is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled; or
 Figure 4-1—Allowable Sidewalk Café Locations |
b.
A sidewalk café may be located on an area of the public sidewalk that is not immediately adjacent to and abutting the indoor restaurant which operates the café, provided the following requirements are met and all other applicable provisions of this section are fulfilled:
(1)
The service of alcoholic beverage to customers using the sidewalk café is prohibited; and
(2)
The majority of the sidewalk café area will be situated on the public sidewalk directly in front of the operating indoor food serving establishment, where directly in front is defined by that area of the public sidewalk which would be enclosed by a perpendicular projection of the indoor restaurant's sidewalk frontage over the sidewalk.
2.
Number of sidewalk cafés. An indoor restaurant may operate only one sidewalk café and each sidewalk café shall be confined to a single location on the sidewalk.
3.
Sidewalk clearances. A sidewalk café may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed café. A sidewalk café shall not occupy more than 50 percent of the sidewalk's width at any point and the sidewalk shall be kept clear and unimpeded for pedestrian traffic for the minimum distance indicated below. The following minimum sidewalk clearances shall be implemented within the Core Mixed Use, Station Mixed Use, Maker Mixed Use, Neighborhood Mixed Use, and Transit Village Mixed Use zones:
4.
Table and chairs, location and requirements of furniture, signage.
a.
All tables and chairs comprising a sidewalk café shall be set back not less than two feet from any curb and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop.
b.
The dining area shall not impede or diminish use of public furnishings such as lighting, benches, parking meters, etc.
c.
A minimum of 48 inches of unobstructed space shall be maintained for ingress/egress between all doorways and the pedestrian traffic corridor, or as required by the Uniform Building Code, whichever is greater.
d.
A minimum of 60 inches of unobstructed space shall be maintained between emergency exits and any furniture or fixtures related to outdoor dining, or as required by the Uniform Building Code, whichever is greater.
e.
All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable.
f.
Umbrellas must be secured with a minimum base of not less than 60 pounds, and shall leave a vertical clearance of seven feet from the sidewalk surface.
g.
Outdoor heaters, music, or speakers shall be prohibited.
h.
No signage shall be allowed at any outdoor café except for the name of the establishment on an awning or umbrella fringe or as required pursuant to Subsection D.6.b for those sidewalk cafés that have been granted Director or Zoning Administrator approval to serve wine and or beer.
5.
Maintenance. All outdoor dining furnishings shall be maintained in good condition, and all exterior surfaces within the outdoor dining area shall be kept clean and free of debris at all times.
6.
Food and beverages. A sidewalk café may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant; unless the Director or Zoning Administrator has authorized the service of beer or wine, or both, solely for on-premises consumption by customers within the area of the sidewalk café subject to the following requirements:
a.
The sidewalk café is situated immediately adjacent to and abutting the indoor restaurant which provides it with food and beverage service.
b.
The area in which the sidewalk café is authorized is identified in a manner that clearly separates and delineates it from the areas of the sidewalk which will remain open to pedestrian traffic.
c.
One or more signs are posted, during all times the sidewalk café is in operation, which shall give notice to the café's customers that the drinking of beer or wine or the carrying of any open container which contains beer or wine is prohibited and unlawful outside the delineated area of the sidewalk café.
d.
The sidewalk café operation is duly licensed, or prior to the service of any beer or wine at the café, will be duly licensed, by state authorities to sell beer or wine, or both, for consumption within the area of the sidewalk café.
7.
Service requirements. The outdoor preparation of food and busing or service stations are prohibited at sidewalk cafés. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the café shall be easily cleanable and shall always be kept clean by the permittee. Restrooms for the café shall be provided in the adjoining indoor restaurant and the café seating shall be counted in determining the restroom requirements of the indoor restaurant. Trash and refuse storage for the sidewalk café shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition.
8.
Days and hours of operation. Hours of operation shall be between 7:00 a.m. and10:00 p.m. Tables, chairs and all other furniture used in the operation of an outdoor café shall be removed from the sidewalk and stored indoors at night and whenever the café is not in operation.
E.
Power to prohibit operation of sidewalk café. The City shall have the right and power, acting through the City Manager or designee, to prohibit the operation of a sidewalk café at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk café will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power of the City to prohibit the café's operation at any particular time.
F.
Findings and conditions. In connection with granting approval for a Minor Permit for a sidewalk café, the Zoning Administrator shall make findings that the proposed operation meets the requirements of this section. The Zoning Administrator may impose conditions of approval to ensure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that public safety and welfare will be protected. If a Zoning Clearance is required, the Director shall determine that the sidewalk café meets all objective criteria contained within this section.
G.
Modification. If the Zoning Administrator determines that additional or revised conditions are necessary during the operation of an approved sidewalk café the matter shall be referred to the Planning Commission for public hearing and action in compliance with Section 20-54.100 (Permit revocation and modification).
H.
Revocation. The Minor Conditional Use Permit to operate a sidewalk café may be revoked by the Zoning Administrator in compliance with Section 20-54.100 (Permit revocation and modification), upon finding that one or more conditions of the permit or this section have been violated or if the sidewalk café is being operated in a manner that constitutes a nuisance, or if the operation of the sidewalk café unduly impedes the movement of pedestrians. The Zoning Administrator's decision to revoke a permit for a sidewalk café may be appealed to the Planning Commission in compliance with Chapter 20-62 (Appeals).
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 3962 § 2, 2011; Ord. 2020-014 § 28)
§ 20-42.164 Single Room Occupancy Facilities.
A Single Room Occupancy (SRO) Facility shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this Section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.
C.
Development standards.
Single Room Occupancy Facilities. | |
1. | Density. A Single Room Occupancy Facility is not required to meet density standards of the General Plan. |
2. | Common area. Four square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways. |
3. | Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor. |
4. | Cleaning supply room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility. |
Single Room Occupancy Units. | |
1. | Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum of 400 square feet. |
2. | Occupancy. An SRO unit shall accommodate a maximum of two persons. |
3. | Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor. |
4. | Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor. |
5. | Closet. Each SRO unit shall have a separate closet. |
6. | Code compliance. SRO units shall comply with all requirements of the California Building Code. |
D.
Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
E.
Management.
1.
Facility management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
2.
Management plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
G.
Tenancy. Tenancy of SRO units shall be limited to 30 or more days.
H.
Existing structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
(Ord. 3760 § 1, 2006; Ord. 2024-012, 11/19/2024)
§ 20-42.170 Storage, outdoor.
All non-residential uses shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Limitations on location. A storage area shall be limited to the rear of a site, and shall not be located within 50 feet of the front property line.
B.
Enclosure required. An outdoor storage area shall be completely enclosed by a solid masonry wall and solid gate. The Zoning Administrator may allow the substitution of a solid wood fence, after determining that the substitution would adequately comply with the provisions of this Section.
1.
The required wall or fence shall:
a.
Be not less than six feet nor more than 10 feet in height, provided that a fence higher than six feet shall require Minor Conditional Use Permit approval;
b.
Incorporate design elements to limit easy climbing and access by unauthorized persons; and
c.
Be subject to approval by the Zoning Administrator unless the wall or fence exceeds six feet, in which case a Minor Conditional Use Permit is required.
C.
Grading. All portions of outdoor storage areas shall have adequate grading, paving, and drainage and shall be continuously maintained.
D.
Operations. All raw materials, equipment, or finished products stored shall:
1.
Be stored in a manner that they cannot be blown by wind from the enclosed storage area;
2.
Not be stored above the height of the enclosing wall or fence within 10 feet of the wall or fence;
3.
Not be placed or allowed to remain outside the enclosed storage area; and
4.
If abutting a residential zoning district, be serviced between 8:00 a.m. and 6:00 p.m. to avoid being a nuisance to neighbors. Hours of operation between 6:00 p.m. and 11:00 p.m. may be authorized through Minor Conditional Use Permit approval.
(Ord. 3677 § 1, 2004)
§ 20-42.180 Storage, personal storage facilities.
Personal storage facilities (mini-storage) shall comply with the requirements of this Section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Limitations on location. A mini-storage facility shall be approved only on a regional street as designated in the Circulation Element of the General Plan.
B.
Development standards. Each mini-storage project shall comply with all of the following standards.
1.
Setbacks. Each building shall be set back a minimum of 25 feet from an arterial street right-of-way when located in a commercial zoning district, and shall be set back a minimum of 20 feet from all other streets, unless a plotted building setback line would require a greater setback.
2.
Landscaping, fencing. Where the site is adjacent to a residential zoning district, a 20-foot landscaped setback shall be provided on the parcel adjacent to the residential district and a 20-foot landscaped front yard shall be provided when within 100 feet of a residential district or across the street from a residential district. Landscaping shall be in addition to any architectural screening-type fence. A fence, when required, shall be solid or semi-solid, and constructed to prevent the passage of debris or light, and constructed of either brick, stone, architectural tile, masonry units, wood, or other similar material (not including woven wire) and shall not be less than five feet nor more than eight feet in height.
3.
Manager quarters. A mini-storage project may include residential quarters for a manager or caretaker.
4.
Aisle width. Aisle width shall be a minimum of 25 feet between buildings to provide unobstructed circulation.
(Ord. 3677 § 1, 2004)
§ 20-42.190 Emergency shelters.
An emergency shelter shall comply with the requirements of this section, where allowed by Division 2 (Zoning Districts and Allowable Land Uses).
A.
Purpose. The provisions of this section are intended to provide opportunities for the development of permanent emergency shelters to provide temporary housing, with minimal supportive services for homeless persons, and to establish standards for these shelters.
B.
Location. An emergency shelter may be proposed in any zoning district, subject to the permit requirements of Section 20-42.190.C, provided that a minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.
C.
Project review and approval.
1.
During declared Hazards, Emergency Shelters with up to 50 beds in the CG Zoning District shall not be limited with regard to the number of persons served, subject to occupancy limits of the Fire Department and the Uniform Building Code, so long as the operating conditions set forth in this Section are met.
D.
Development standards.
1.
Maximum number of beds. As determined by CUP, except that a maximum of 50 beds shall be permitted, by right, in the CG Zoning District.
2.
Length of stay. Temporary shelter shall be available to residents for no more than 180 days in any 12-month period.
3.
Intake/waiting area. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet. Said intake/waiting area shall be in a location not adjacent to the public right-of-way. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum of six-foot tall visually screening mature landscaping or a minimum six-foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
4.
Lighting. Adequate external lighting shall be provided for security purposes in compliance with Section 20-30.080.
5.
Security. Security personnel shall be provided during the hours that the emergency shelter is in operation.
6.
On-site management. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.
(Ord. 3985 § 6, 2012; Ord. 2024-012, 11/19/2024)
§ 20-42.200 Large grocery store standards.
A large grocery store use, where allowed by Division 2 (Zoning Districts and Allowable Land Uses), shall comply with the requirements of this section.
A.
Applicability. In addition to applicable zoning district regulations any large grocery store to be located on a site that does not have a community shopping center General Plan land use designation and that is outside of the CMU, SMU, MMU, and NMU zoning districts, shall be permitted only by Conditional Use Permit.
B.
Criteria for review. In granting a Conditional Use Permit for a large grocery store on a site that is not a designated community shopping center, the review authority shall consider the following information in addition to the considerations included in Section 20-52.050 of the Zoning Code:
1.
An analysis examining the impacts of the proposed large grocery store to similar uses at existing and planned community shopping centers in the vicinity of the project site.
2.
Accessibility of the site to pedestrians and bicyclists originating from nearby residential areas.
3.
Frequency of and access to public transportation for future shoppers and employees.
(Ord. 3987 § 6, 2012; Ord. 2020-014 § 29)
§ 20-42.210 Mobile Food Facility (MFF).
A.
Purpose. The provisions of this Section are intended to provide conditions and requirements under which Mobile Food Facilities may be permitted to operate by Minor Conditional Use Permit on private properties within certain areas of the City.
B.
Permit requirements.
2.
Business license. A Mobile Food Facility shall obtain a City business license prior to operation.
3.
Sonoma County Environmental Health. A valid permit from the Sonoma County Environmental Health Department is required for the duration of business operation.
4.
City Departments and Divisions. All necessary permits and approvals from the applicable City Departments and Divisions shall be obtained prior to operation of a Mobile Food Facility.
5.
Permit and license display. At all times while vending, a valid business license and Minor Conditional Use Permit shall be displayed at the Mobile Food Facility site.
C.
Location criteria and hours of operation. The following location and hours of operation requirements shall apply to all Mobile Food Facilities:
1.
Location. Operation of a Mobile Food Facility shall not be permitted on public property under this section unless authorized through a Special Event Permit. For Street Vending on public property see City Code Section 6-48.050, Street Vendor Regulations, and applicable State legislation for Mobile Food Facilities on public property. Mobile Food Facilities on private property are allowed pursuant to Section B.1. above.
2.
Concentration. Multiple Mobile Food Facilities may be permitted on a single parcel, as determined by the Minor Conditional Use Permit.
3.
Hours. Hours of operation for mobile food facility businesses shall be determined by Minor Conditional Use Permit.
D.
Standards and design criteria. The following standards and design criteria shall apply to all Mobile Food Facilities:
1.
The proposed location is on an improved property, does not interfere with the operation of any approved uses on the site;
2.
The site on the property designated for the Mobile Food Facility must be paved, including the area for associated parking and accessory structures;
3.
Mobile Food Facilities shall maintain their immediate sales location in a clean and hazard free condition;
4.
Mobile Food Facilities shall follow the Zero Waste Food Ware Ordinance, Chapter 9-30, including maintaining covered garbage, recycling, and compost containers immediately adjacent to the vending location for customer use; and other applicable Zero Waste regulations;
6.
Applications for Mobile Food Facilities shall include the location and description of any proposed outdoor dining area, including tables, chairs and shade structures, number of Mobile Food Facilities, and information pertaining to the related Food and Beverage Product Manufacturing site, Cottage Food Operation, or other affiliated commissary;
7.
The operation shall comply with Chapter 17-16, Noise Ordinance, and the Noise and Safety Element of the Santa Rosa General Plan;
8.
An agreement for the use of permanent properly operating restroom facilities within 200 feet of the Mobile Food Facility's location shall be maintained at all times for employees.
9.
All signage shall be located on the vending equipment and is subject to the requirements of Chapter 20-38, Signs;
10.
Mobile Food Facilities shall follow Local and State regulations for alcoholic beverages and cannabis products sales;
11.
Mobile Food Facilities cooking food shall at all times maintain a working fire extinguisher(s) of the appropriate type and rating at the vending location;
12.
Mobile Food Facilities operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking spaces for the principal use on the property; and
13.
After the permitted hours of operation, all mobile vending equipment, including the mobile unit itself and any associated dining furniture, shall be stored off site or within an approved, enclosed structure on site unless otherwise approved through a Minor Use Permit. Associated temporary structures and dining furniture are subject to Fire Department review and approval.
E.
Sites with Multiple or New Mobile Food Facilities.
1.
New Mobile Food Facilities on sites with an approved Minor Conditional Use Permit shall obtain a Zoning Clearance to operate on the site. The new Mobile Food Facility must operate in the same location on site of the previous Mobile Food Facility as indicated on the approved plans.
2.
Mobile Food Facilities on sites with multiple facilities must stay in the locations indicated on the approved plans.
3.
Sites that have Mobile Food Facilities that rotate throughout the day must operate within the same approved locations on site. An agreement between the rotating operators will be required for the timely transition between the different Mobile Food Facilities. New Mobile Food Facilities on sites with rotating facilities shall obtain a Zoning Clearance to operate under the Minor Conditional Use Permit.
F.
Existing Mobile Food Facilities. Conditions of Approval on previously issued Minor Conditional Use Permits for Mobile Food Facilities that required a new Minor Conditional Use Permit for a change in operator are not enforced and procedures shall follow Section 20-54.070, Permits to run with the land.
§ 20-44.010 Purpose.
The provisions of this Chapter are intended to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of antennas. It is further intended that these regulations accomplish the following:
A.
Protect residential neighborhoods and the visual character of the City from the potential adverse visual effects of telecommunication facility development and antenna installation;
B.
Ensure that all telecommunication facilities comply with the Federal Communication Commission's (FCC) exposure standards for non-ionizing electromagnetic radiation (NIER);
C.
Protect environmental resources of the City;
D.
Ensure that a broad range of telecommunication facilities is provided to serve the community and to serve as an important part of the City's emergency response network; and
E.
Provide a comprehensive, objective, and efficient process for reviewing applications for telecommunication facilities while at the same time protecting the interests of citizens.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
§ 20-44.020 Permit requirements.
A telecommunications facility shall require a Minor Conditional Use Permit or a Conditional Use Permit approval in compliance with this Chapter, if not considered exempt. Design Review is required for any nonexempt facility.
A.
Design Review required. Design Review is required for all telecommunication facilities, except those listed by this Chapter as exempt. The review authority conducting Design Review for minor facilities is the Zoning Administrator and the review authority conducting Design Review for major facilities is the Design Review and Preservation Board.
B.
Minor Conditional Use Permit required. A Minor Conditional Use Permit is required for all minor telecommunication facilities. The review authority for Minor Conditional Use Permits is the Zoning Administrator.
C.
Conditional Use Permit required. A Conditional Use Permit is required for all major telecommunication facilities. The review authority for Conditional Use Permits is the Planning Commission.
D.
Exceptions. Exceptions to the requirements of this Chapter may be granted through Conditional Use Permit approval by the Commission. A Conditional Use Permit may only be approved if the Commission finds, after receipt of substantial evidence, that failure to adhere to the standards under consideration is consistent with the purpose and intent of this Chapter. Tower setback requirements may be waived under the following circumstances:
§ 20-44.030 Development criteria for all facilities.
Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements.
A.
The antenna shall be accessory to the primary use of the property which is not a telecommunications facility.
B.
No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel.
C.
Telecommunications towers shall not be located within any setback area required by the applicable zoning district.
D.
Freestanding antenna towers shall be located within a fenced yard or be anti-climbing equipped.
E.
Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists.
F.
No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded in the office of the Sonoma County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated.
G.
The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission.
H.
All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint.
I.
Satellite dishes shall be painted a color that blends with their surroundings.
J.
Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.
K.
Each facility shall comply with all Federal, State, and City codes, including Federal Communication Commission and Federal Aviation Administration standards.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
§ 20-44.040 Amateur radio and citizen's band antennas.
Amateur radio and citizen's band facilities shall comply with the following standards, and all other applicable provisions of this Chapter.
A.
Exempt facilities. The following amateur radio and citizen band facilities are exempt from Design Review and Minor Conditional Use Permit requirements:
1.
An antenna facility that is not within the public view as defined in Division 7 (Glossary) is exempt provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2.
No more than six ground mounted antennas per parcel, not to exceed 12 feet in height.
3.
No more than six building mounted antennas per parcel, not to exceed 12 feet in height above the highest part of the building.
4.
No more than six building mounted tower antennas per parcel when the antennas and support structure do not exceed 30 feet above the highest part of the building to which it is attached.
5.
No more than six freestanding tower mounted antennas per parcel when the antennas and support structure do not exceed 40 feet in height and provided the support structure is setback a minimum of 20 feet from property lines, unless otherwise approved by Design Review.
B.
Minor facilities. The following amateur radio and citizen band facilities shall require Minor Conditional Use Permit and Design Review approval.
1.
No more than six building mounted tower antennas, or freestanding tower antennas, per parcel when the antennas and support structure do not exceed 75 feet in height.
2.
No more than six freestanding tower antennas per parcel when the antennas and support structure are at least 40 feet but do not exceed 75 feet in height and are setback less than 20 feet from property lines.
C.
Major facilities. The following amateur radio and citizen band facilities require Conditional Use Permit and Design Review approval:
1.
Any building mounted tower antennas when the antennas and support structure exceed 75 feet in height above the highest part of the building to which the antenna is attached.
2.
Any freestanding tower antennas when the antennas and support structure exceed 75 feet in height.
3.
More than six amateur radio antennas per parcel.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
§ 20-44.050 Receive-only tv and radio antennas.
Receive-only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this Chapter.
A.
Exempt facilities. The following facilities are exempt from Design Review and Conditional Use Permit requirements provided that they comply with Subsections B and C.
1.
An antenna that is not within the public view as defined in Division 7 (Glossary) is exempt from Minor Conditional Use Permit and Design Review requirements provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2.
Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter; or an antenna that is no more that 12 feet in height.
3.
Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter or an antenna that is no more that 12 feet in height above the building on which it is mounted.
B.
Minor facilities. The following receive-only TV and radio antenna facilities require Minor Conditional Use Permit and Design Review approval:
1.
No more than three ground mounted antennas per parcel in residential districts or areas, or more than six ground mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height.
2.
No more than three building mounted antennas per parcel in residential districts or areas, or more than six building mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height above the building on which it is mounted.
3.
No more than three freestanding tower antennas per parcel when the antennas and support structure do not exceed 45 feet in height.
C.
Major facilities. The following receive-only TV and radio antenna facilities require Conditional Use Permit and Design Review approval:
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
§ 20-44.060 Commercial telecommunications facilities.
Each commercial telecommunications facility shall comply with the following regulations.
A.
Exempt facilities. The following are exempt from Design Review and Conditional Use Permit requirements:
1.
A telecommunications facility that is not within the public view as defined in Division 7 (Glossary), provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2.
Removal of transmission equipment.
3.
Replacement of transmission equipment with new equipment that is substantially the same size and in the same location as the existing equipment.
B.
Minor facilities. The following are subject to Minor Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter.
1.
Building or ground-mounted antennas located on non-residentially used parcels within R or PD zoning districts;
2.
Building or ground-mounted antennas located within any C, BP, or PI zoning district or within any office, commercial or industrial area of a PD zoning district;
3.
Minor modifications to existing legally established minor or major towers in any zoning district;
4.
Telecommunication towers with no more than two satellite dishes located within any CO, CN, or PI zoning district, or within any office or commercial area of a PD zoning district where the height does not exceed 45 feet;
5.
Telecommunication towers with no more than two satellite dishes located within any CG, CV, CSC, BP, IL, or IG zoning district, or within any industrial area of a PD zoning district where the height does not exceed 45 feet.
C.
Major facilities. The following facilities are subject to Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter:
1.
All commercial telecommunication facilities, other than exempt or minor facilities.
D.
Collocation on an existing telecommunications facility. Collocation of new transmission equipment on an existing, legally established, telecommunications facility is subject to Minor Design Review only, consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, or as otherwise required by Federal Law, as may be amended from time to time, and shall comply with all applicable provisions of this Chapter. This section also applies to telecommunications facilities that were legal when they were originally constructed, but changes in this Zoning Code, or the applicable zoning district development standards, caused the structure to become legal nonconforming.
E.
Application requirements for commercial facilities. In addition to the Conditional Use Permit application requirements specified in Chapter 20-50 (Permit Application Filing and Processing), the following information shall be submitted when applying for a minor or major commercial facility:
1.
Area development, service area, and network maps;
2.
Alternative site or location analysis;
3.
NIER exposure information;
4.
Title reports; and
5.
Visual impact analysis, including photo montages, field mock ups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility, and shall identify and include all technologically feasible mitigation measures.
F.
Design guidelines for commercial facilities. To the greatest extent possible, minor and major commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines.
1.
Innovative design solutions that minimize visual impacts should be utilized.
2.
Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission.
3.
Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists.
4.
Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel.
5.
Telecommunication facilities shall be located and designed to avoid blocking and/or substantially altering scenic resources.
6.
Building mounted telecommunication facilities are encouraged over telecommunication towers.
7.
Building mounted telecommunication facilities should be integrated with existing structures.
8.
Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features.
9.
Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.
10.
No telecommunication tower shall be installed on an exposed ridge line, unless it is found not to be readily visible from off site.
11.
The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements.
12.
Satellite dishes are encouraged to be of mesh construction.
13.
Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower.
14.
Co-location of commercial telecommunication towers and the use of the same site by multiple carriers is required where feasible and found to be desirable.
15.
All antenna towers should be monopoles or guyed/lattice towers except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized.
16.
All utility lines serving the facility should be undergrounded.
17.
Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary.
18.
All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in R zoning districts or within residential areas of a PD zoning district.
19.
All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located. The 75-foot Habitable Structure Setback is measured as the shortest distance from a major commercial telecommunications facility to the nearest exterior wall of the closest habitable structure. Habitable structure as defined in this chapter means a structure for living, sleeping, eating, or cooking spaces occupied by one household or family on a long-term basis. Habitable structure does not include a guest house or any transient residential occupancy of structure including but not limited to hotel or motel.
G.
Commercial transmission tower location. The following regulations shall apply to the location of transmission towers.
1.
Analysis of alternative sites. The application for each commercial facility shall include an analysis shall be prepared by or on behalf of the applicant, which identifies reasonable, technically feasible, alternative locations and/or facilities which would provide comparable service. The intention of the alternatives analysis is to present alternative sites which would minimize the number, size and potential adverse environmental impacts of facilities necessary to provide services. The analysis shall address the potential for co-location at an existing or new tower site and shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body finding that the proposed site results in the least potentially adverse impacts than any feasible alternative site.
2.
Separation between facilities. No telecommunications tower, providing services for a fee directly to the public, shall be installed closer than two miles from another readily visible, uncamouflaged or unscreened telecommunication tower unless it is a co-located facility, situated on a multiple user site, not readily visible, or technical evidence acceptable to the Director or Commission, as appropriate, is submitted showing a clear need for the facility and the infeasibility of co-locating it on an existing tower. Facilities that are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
3.
Co-location.
a.
A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the City. Co-location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where lease arrangements fail.
b.
All properties and towers found suitable for co-location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including parking areas, access roads, utilities and equipment buildings shall be shared by site users, when in the determination of the Director or Commission, as appropriate, this will minimize overall visual impacts to the community.
4.
Roads and parking. All commercial telecommunications facilities shall be served by the minimum roads and parking areas necessary. Existing roads and parking areas shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet City standards. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses and shall comply with City standards.
5.
NIER exposure. Commercial telecommunications facilities shall be operated in compliance with the Federal Communication Commission's (FCC) human exposure standards for non-ionizing electromagnetic radiation (NIER). The applicant for commercial telecommunication facilities shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any of the following ways:
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 4026 §§ 2, 3, 2014; Ord. 2021-012 § 37)
§ 20-44.070 Abandonment.
Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition.
(Ord. 3677 § 1, 2004)
§ 20-46.010 Purpose.
This Chapter provides the location and operating standards for Personal Cannabis Cultivation and for Cannabis Businesses (Medical and Adult Use) to ensure neighborhood compatibility, minimize potential environmental impacts, provide safe access to medicine and provide opportunities for economic development.
(Ord. 2017-025 § 6)
§ 20-46.020 Limitations on use.
A.
Compliance with City Code. Personal Cannabis Cultivation and Cannabis Businesses shall only be allowed in compliance with this Chapter and all applicable regulations set forth in the City Code, including, but not limited to, the cannabis business tax ordinance and all regulations governing building, grading, plumbing, septic, electrical, fire, hazardous materials, nuisance, and public health and safety.
B.
Compliance with State laws and regulations. All Cannabis Businesses shall comply with all applicable State laws and regulations, as may be amended, including all permit, approval, inspection, reporting and operational requirements, imposed by the State and its regulatory agencies having jurisdiction over Cannabis and/or Cannabis Businesses. All Cannabis Businesses shall comply with the rules and regulations for Cannabis as may be adopted and as amended by any State agency or department including, but not limited to, the Bureau of Cannabis Control, the Department of Food and Agriculture, the Department of Public Health, the Department of Pesticide Regulation, and the Board of Equalization.
C.
Compliance with local and regional laws and regulations. All Cannabis Businesses shall comply with all applicable Sonoma County and other local and regional agency regulations, including, but not limited to, regulations issued by the Regional Water Quality Control Board, the Sonoma County Agricultural Commission, and the Sonoma County Department of Public Health.
D.
Cannabis Businesses shall provide copies of State, regional and local agency permits, approvals or certificates upon request by the City to serve as verification for such compliance.
(Ord. 2017-025 § 6)
§ 20-46.030 Personal Cannabis Cultivation.
Personal Cannabis Cultivation for medical or adult use shall be permitted only in compliance with the provisions of Division 2 (Zoning Districts and Allowable Uses) and shall be subject to the following standards and limitations.
A.
Medical and adult use cannabis maximum limitation. The personal cultivation of medical and/or adult use cannabis is limited to no more than six mature plants per a primary residence, regardless of the number of residents and regardless of the presence of an accessory or junior accessory dwelling unit.
B.
Residency requirement. Cultivation of cannabis for personal use may occur only on parcels with an existing legal residence occupied by a full-time resident responsible for the cultivation.
C.
The following operating requirements are applicable to outdoor cultivation for personal use:
D.
The following operating requirements are applicable to personal cannabis cultivation:
1.
Visibility. No visible markers or evidence indicating that cannabis is being cultivated on the site shall be visible from the public right-of-way at street level, or from school property.
2.
Security. All enclosures and structures used for cannabis cultivation shall have security measures sufficient to prevent access by children or other unauthorized persons.
3.
Prohibition of volatile solvents. The manufacture of cannabis products for personal non-commercial consumption shall be limited to processes that are solvent-free or that employ only non-flammable, nontoxic solvents that are recognized as safe pursuant to the Federal Food, Drug and Cosmetic Act. The use of volatile solvents to manufacture cannabis products for personal consumption is prohibited.
4.
All structures used for Personal Cannabis Cultivation (including accessory structures, greenhouses, and garages) must be legally constructed with all applicable Building and Fire permits (including grading, building, electrical, mechanical and plumbing) and shall adhere to the development standards within the base zone.
5.
Odor Control. All structures used for cultivation shall be equipped with odor control filtration and ventilation systems such that the odors of cannabis cannot be detected from outside of the structure.
6.
Lighting. Interior and exterior lighting shall utilize best management practices and technologies for reducing glare, light pollution, and light trespass onto adjacent properties and the following standards:
a.
Exterior lighting systems shall be provided for security purposes in a manner sufficient to provide illumination and clear visibility to all outdoor areas of the premises, including all points of ingress and egress. Exterior lighting shall be stationary, fully shielded, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. All exterior lighting shall be Building Code compliant and comply with Section 20-30.080 (Outdoor Lighting).
b.
Interior light systems shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.
7.
Noise. Use of air conditioning and ventilation equipment shall comply with Chapter 17-16 (Noise). The use of generators is prohibited, except as short-term temporary emergency back-up systems.
8.
All personal cannabis cultivation shall comply with the Best Management Practices for Cannabis Cultivation issued by the Sonoma County Agricultural Commission for management of waste, water, erosion control and management of fertilizers and pesticides.
(Ord. 2017-025 § 6)
§ 20-46.040 Cannabis Businesses.
Cannabis Businesses (Medical and Adult Use) shall be permitted only in compliance with the provisions of Division 2 (Zoning Districts and Allowable Uses) and shall be subject to the following standards and limitations.
A.
Land use. For purposes of this Chapter, Cannabis Businesses shall include the following land use classifications, all of which are further defined in Chapter 20-70 (Definitions):
1.
Cannabis – Commercial Cultivation up to 5,000 sf
2.
Cannabis – Commercial Cultivation 5,001 sf or greater
3.
Cannabis – Retail (Dispensary) and Delivery
4.
Cannabis – Distribution
5.
Cannabis – Manufacturing – Level 1 (non-volatile)
6.
Cannabis – Manufacturing – Level 2 (volatile)
7.
Cannabis – Microbusiness
8.
Cannabis – Testing Laboratory
B.
Where allowed. Cannabis Businesses (Medical and Adult Use) shall be located in compliance with the requirements of Division 2 (Zoning Districts and Allowable Uses) and as designated on Tables 2-6 and 2-10 of the Zoning Code. With regard to required setbacks of a cannabis business to another land use, the City asserts its right to establish different radius requirements than what is provided by Business and Professions Code Section 26054(b).
C.
Land use permit requirements. The uses that are subject to the standards in this Chapter shall not be established or maintained except as authorized by the land use permit required by Division 2.
D.
Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Division 2 and Division 3 (Site Planning and General Development Regulations), and the City Code. In the event of any conflict between the requirements of this Chapter and those of Division 2 or 3 or other applicable provisions of this Code, the requirements of this Chapter shall control.
(Ord. 2017-025 § 6)
§ 20-46.050 General operating requirements.
The following general operating requirements are applicable to all Cannabis Businesses. In addition, requirements specific to each Cannabis Business subtype are set forth in Sections 20-46.060 (Cannabis Cultivation), 20-46.070 (Cannabis Support Uses) and 20-46.080 (Cannabis Retail and Delivery).
A.
Dual licensing. The City recognizes that State law requires dual licensing at the State and local level for all Cannabis Businesses (Medical and Adult Use). All Cannabis Operators shall therefore be required to diligently pursue and obtain a State cannabis license at such time as the State begins issuing such licenses, and shall comply at all times with all applicable State licensing requirements and conditions, including, but not limited to, operational standards such as, by way of illustration but not limitation, background checks, prior felony convictions, restrictions on multiple licenses and license types, and locational criteria.
1.
Operators in good standing. Cannabis Businesses which have received land use permit approval pursuant to this Chapter prior to or within 10 months of date the State begins issuing State licenses shall be considered "operators in good standing". Operators in good standing shall be allowed to obtain building occupancy permits and commence operations in compliance with City permit approvals while diligently pursuing all necessary State licenses and subject to any deadlines established by the State. Operators in good standing shall demonstrate to the City that complete applications for all necessary State licenses and agency permits have been filed and are being pursued by the applicant in compliance with deadlines established by the State.
2.
New operators. Cannabis Businesses which have received land use permit approval pursuant to this Chapter after the State begins issuing State licenses and after the 10-month transition period noted in Subsection A.1 above, shall not be allowed to commence operations until the Cannabis Business can demonstrate that all necessary State licenses and agency permits have been obtained in compliance with any deadlines established by the State.
3.
Existing permitted operators. Cannabis Businesses which have received land use permit approval prior to the adoption of this Chapter shall be required to comply with all operational requirements set forth in this Chapter. In addition, a Cannabis Business that has obtained a valid land use permit for medical use issued prior to the adoption of this Chapter may incorporate adult use into their land use permit upon issuance of a Zoning Clearance by the Department. The Zoning Clearance shall, as a condition of issuance, require compliance with all operational provisions of this Chapter. The Zoning Clearance to incorporate adult use in addition to or in place of medical use shall not authorize any physical or operational expansion of the facility unless determined in compliance with this Chapter.
4.
Grounds for revocation. Once State licenses and agency permits become available, failure to demonstrate dual licensing in accordance with this Chapter and within any deadlines established by State law shall be grounds for revocation of City approval. Revocation of a local permit and/or a State license shall terminate the ability of the Cannabis Business to operate until a new permit and/or State license is obtained.
B.
Minors. Medical Cannabis Businesses shall only allow on the premises a person who is 18 years of age or older and who possesses a valid government-issued photo identification card. Adult Use Cannabis Businesses shall only allow on the premises a person who is 21 years of age or older and who possesses a valid government-issued photo identification card.
C.
Inventory and tracking. Cannabis Operators shall at all times operate in a manner to prevent diversion of Cannabis and shall promptly comply with any track and trace program established by the State.
D.
Multiple permits per site. Multiple Cannabis Businesses proposed on any one site or parcel shall be granted permit approval only if all of the proposed Cannabis Businesses and their co-location are authorized by both local and State law. Cannabis Operators issued permits for multiple license types at the same physical address shall maintain clear separation between license types unless otherwise authorized by local and State law.
E.
Building and fire permits. Cannabis Operators shall meet the following requirements prior to commencing operations:
1.
The Cannabis Operator shall obtain a building permit to conform with the appropriate occupancy classification and be in compliance with Chapter 18 of the City Code.
2.
The Cannabis Operator shall obtain all annual operating fire permits with inspections prior to operation.
3.
The Cannabis Operator shall comply with all applicable Health and Safety Code and California Fire Code requirements related to the storage, use and handling of hazardous materials and the generation of hazardous waste. Cannabis Operators shall also obtain all required Certified Unified Program Agency (CUPA) permits including completing a California Environmental Reporting System (CERS) submission for hazardous materials inventory that meet or exceed State thresholds and any waste generation for accountability.
4.
Access with a Fire Department lock box for keys to gates and doors shall be provided.
F.
Transfer of ownership or operator. A permittee shall not transfer ownership or operational control of a Cannabis Business or transfer a permit for a Cannabis Business to another person unless and until the transferee obtains a zoning clearance from the Department stating that the transferee is now the permittee. The zoning clearance shall commit the transferee to compliance with each of the conditions of the original permit.
G.
Security. Cannabis Businesses shall provide adequate security on the premises, including lighting and alarms, to insure the public safety and the safety of persons within the facility and to protect the premises from theft. Applications for a Cannabis Business shall include a security plan that includes the following minimum security plan requirements:
1.
Security cameras. Security surveillance video cameras shall be installed and maintained in good working order to provide coverage on a 24-hour basis of all internal and exterior areas where Cannabis is cultivated, weighed, manufactured, packaged, stored, transferred, and dispensed. The security surveillance cameras shall be oriented in a manner that provides clear and certain identification of all individuals within those areas. Cameras shall remain active at all times and shall be capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for 60 days.
2.
Alarm system. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. Section 6-68.130 of the City Code requires that an alarm permit be obtained by the Santa Rosa Police Department prior to installing an alarm system. The alarm system shall include sensors to detect entry and exit from all secure areas and all windows. Cannabis Operators shall keep the name and contact information of the alarm system installation and monitoring company as part of the Cannabis Business's on-site books and records. Cannabis Operators shall identify a local site contact person who will be responsible for the use and shall provide and keep current full contact information to the Santa Rosa Police Department dispatch database as part of the alarm permitting process.
3.
Secure storage and waste. Cannabis Products and associated product waste shall be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.
4.
Transportation. Cannabis Businesses shall implement procedures for safe and secure transportation and delivery of Cannabis, Cannabis Products and currency in accordance with State law.
5.
Locks. All points of ingress and egress to a Cannabis Business shall be secured with Building Code compliant commercial-grade, non-residential door locks or window locks.
6.
Emergency access. Security measures shall be designed to ensure emergency access in compliance with the California Fire Code and Santa Rosa Fire Department standards.
H.
Odor control. Cannabis Businesses shall incorporate and maintain adequate odor control measures such that the odors of Cannabis cannot be detected from outside of the structure in which the Business operates. Applications for Cannabis Businesses shall include an odor mitigation plan certified by a licensed professional engineer that includes the following:
1.
Operational processes and maintenance plan, including activities undertaken to ensure the odor mitigation system remains functional;
2.
Staff training procedures; and
3.
Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources. All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors.
I.
Lighting. Interior and exterior lighting shall utilize best management practices and technologies for reducing glare, light pollution, and light trespass onto adjacent properties and the following standards:
1.
Exterior lighting systems shall be provided for security purposes in a manner sufficient to provide illumination and clear visibility to all outdoor areas of the premises, including all points of ingress and egress. Exterior lighting shall be stationary, fully shielded, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. All exterior lighting shall be Building Code compliant and comply with Section 20-30.080 (Outdoor Lighting).
2.
Interior light systems shall be fully shielded, including adequate coverings on windows, to confine light and glare to the interior of the structure.
(Ord. 2017-025 § 6)
§ 20-46.060 Cannabis Commercial Cultivation.
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides additional requirements for Cannabis Commercial Cultivation.
A.
Outdoor commercial cultivation prohibited. The cultivation of Cannabis for commercial use may only be cultivated within a fully enclosed space.
B.
Conditional use. Depending on the size of the facility, and in accordance with Table 2-10, a Conditional Use Permit or Minor Conditional Use Permit shall be required for Cannabis Commercial Cultivation. For purposes of determining the facility size, and thus the appropriate permit, square footage shall be defined by calculating the gross square footage of the structure or portion of the structure occupied by the Cannabis Business, not the canopy area.
C.
Microbusiness. In addition to compliance with permit and operating requirements set forth in this Chapter for Cannabis Cultivation, a Cannabis Microbusiness which includes cultivation, manufacturing distribution and/or retail within one State license shall comply with all permit and operating requirements set forth in this Chapter for Cannabis Manufacturing, Distribution, and/or Retail (Dispensary) and Delivery as applicable to the combination of uses within the license.
D.
Pesticides. The cultivation of Cannabis must be conducted in accordance with all applicable Federal, State, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).
(Ord. 2017-025 § 6)
§ 20-46.070 Cannabis Manufacturing.
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides additional operational requirements for Cannabis Manufacturing.
A.
Extraction processes. Cannabis Manufacturers shall utilize only extraction processes that are: (1) solvent-free or that employ only non-flammable, nontoxic solvents that are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act; and/or (2) use solvents exclusively within a closed loop system that meets the requirements of the Federal Food, Drug, and Cosmetic Act including use of authorized solvents only, the prevention of off-gassing, and certification by a California licensed engineer.
B.
Loop systems. No closed loop systems shall be utilized without prior inspection and approval of the City's Building Official and Fire Code Official.
C.
Standard of equipment. Extraction equipment used by the Cannabis Manufacturer must be listed or otherwise certified by an approved third-party testing agency or licensed professional engineer and approved for the intended use by the City's Building Official and Fire Code Official.
D.
Annual re-certification required. Extraction equipment used by the Cannabis Manufacturer must be recertified annually and a report by a licensed professional engineer on the inspection shall be maintained on-site.
E.
Food handler certification. All owners, employees, volunteers or other individuals that participate in the production of edible Cannabis Products must be State certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the Cannabis Manufacturer's facility where that individual participates in the production of edible Medical Cannabis Products.
F.
Edible product manufacturing. Cannabis Businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County Health Permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq., and Sonoma County Health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.
(Ord. 2017-025 § 6)
§ 20-46.080 Cannabis Retail (Dispensary) and Delivery.
In addition to the General Operating Requirements set forth in Section 20-46.050, this section provides location and operating requirements for Cannabis Retail (Dispensary) and Delivery.
A.
Conditional use. A Conditional Use Permit shall be required to operate Cannabis Retail (Dispensary) and Delivery in accordance with Tables 2-6 and 2-10. The use permit application shall clearly specify if the use is for medical and/or for adult use retail.
B.
Delivery services. In addition to the requirements established in this Chapter for Cannabis Retail, the delivery of Cannabis and Cannabis Products shall be subject to the following requirements:
1.
Commercial delivery to patients at locations outside a permitted Cannabis Retail facility shall only be permitted in conjunction with a permitted Cannabis Retail facility that has a physical location and a retail storefront open to the public.
2.
A Cannabis Retail facility shall not conduct sales exclusively by delivery.
3.
Conditional Use Permit applications for Cannabis Retail shall include a statement as to whether the use will include delivery of Cannabis and Cannabis Products to patients located outside the Cannabis Retail facility.
4.
If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this Chapter and State law.
C.
Drive-through services. Drive-through or walk-up window services in conjunction with Cannabis Retail are prohibited.
D.
Location requirements. In addition to the requirements established in Tables 2-6 and 2-10, Cannabis Retail shall be subject to the following location requirements:
1.
Overconcentration. To avoid overconcentration, a Cannabis Retail use shall not be established within 600 feet of any other Cannabis Retail use established within and permitted by the City of Santa Rosa. The Department shall establish evaluation criteria and selection procedures as necessary to avoid overconcentration of Cannabis Retail uses where competing applications are submitted within a 600-foot radius of each other.
2.
Setback to schools. Cannabis Retail shall be subject to a 600-foot minimum setback from any K-12 "school," as defined by the Health and Safety Code Section 11362.768.
3.
Measurement of distance. The distance between Cannabis Retail and a school shall be made in a straight line from the boundary line of the property on which the Cannabis Retail is located to the closest boundary line of the property on which a school is located.
4.
Location of a new school after permit issued. Establishment of a school within the required setback of a Cannabis Retail facility after such facility has obtained a Conditional Use Permit for the site shall render the Cannabis Retail facility legal non-conforming and subject to the protections and provisions of Chapter 20-61 (Non-Conforming Uses, Structures and Parcels).
5.
Visibility of entrance. The storefront entrance of a Cannabis Retail facility shall be in a visible location that provides an unobstructed view from the public right-of-way.
E.
Edible products. Cannabis Businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County Health Permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq., and Sonoma County Health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.
F.
Operational requirements. In addition to project specific conditions of approval, Cannabis Retail shall comply with the following operational requirements:
1.
Employees. The Cannabis Retail Operator shall maintain a current register of the names of all employees employed by the Cannabis Retailer, and shall disclose such register for inspection by any City officer or official for purposes of determining compliance with the requirements of this section.
2.
Recordkeeping. The Cannabis Retail Operator shall maintain patient and sales records in accordance with State law.
3.
Protocols and requirements for patients and persons entering the site. No person shall be permitted to enter a Cannabis Retail facility without government issued photo identification. Cannabis Businesses shall not provide Cannabis or Cannabis Products to any person, whether by purchase, trade, gift or otherwise, who does not possess a valid government-issued photo identification card and a valid physician's recommendation under Section 11362.712 of the Health and Safety Code.
4.
Hours of operation. Cannabis Retail may operate between the hours of 9:00 a.m. to 9:00 p.m. up to seven days per week unless the review authority imposes more restrictive hours due to the particular circumstances of the application. The basis for any restriction on hours shall be specified in the permit.
5.
Secured access. A Cannabis Retail facility shall be designed to prevent unauthorized entrance into areas containing Cannabis or Cannabis Products. Limited access areas accessible to only authorized personnel shall be established.
6.
Secured products. Cannabis and Cannabis Products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.
7.
Sale and display of cannabis paraphernalia. No dispensary shall sell or display any cannabis related paraphernalia or any implement that may be used to administer Cannabis or Cannabis Products unless specifically described and authorized in the Conditional Use Permit. The sale of such products must comply with the City's zoning code and any other applicable State regulations.
8.
On-site physician restriction. Cannabis Retail shall not have an on-site or on-staff physician to evaluate patients and provide a recommendation for Cannabis.
9.
Site management. The Cannabis Retail Operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if directly related to the patrons of the subject retailer. For purposes of this subsection, "reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in nuisance activities to cease those activities, unless personal safety would be threatened in making the request.
10.
Advertising and signs. A Cannabis Retail facility shall not advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 through 12, playground, or youth center.
11.
Display of permit. Cannabis Retail shall maintain a copy of its permit on display during business hours and in a conspicuous place so that the same may be readily seen by all persons entering the facility.
G.
On-site consumption. In addition to the requirements established in this Chapter for Cannabis Retail, the consumption of Cannabis and Cannabis Products shall be subject to the following requirements:
1.
Patients or customers. Neither patients nor customers shall be permitted to consume cannabis on the site of a Cannabis Retail facility except as permitted in accordance with Chapter 9-20 (Smoking Regulations), in compliance with State law and as follows:
a.
Conditional Use Permit applications for Cannabis Retail shall include a statement as to whether the use will include on-site consumption by patients or customers of Cannabis and Cannabis Products.
b.
If on-site consumption will be included, the application shall describe the operational plan and specific extent of such provision, security protocols, and how the consumption will comply with the requirements set forth in this Chapter and State law.
2.
Employees. Employees of a Cannabis Retail facility who are qualified patients may consume medical Cannabis or Cannabis Products on-site within designated spaces not visible by members of the public, provided that such consumption is in compliance with Chapter 9-20 (Smoking Regulations) and State law.
3.
Signs regarding public consumption. The entrance to a Cannabis Retail facility shall be clearly and legibly posted with a notice indicating that smoking and vaping of Cannabis is prohibited on site or in the vicinity of the site except as permitted in accordance with Chapter 9-20 (Smoking Regulations) and State law.
(Ord. 2017-025 § 6; Ord. 2018-002 § 3)
§ 20-46.090 Cannabis special events.
A.
Dual licensing. The City recognizes that State law requires Cannabis Businesses to obtain dual licensing at the State and local level for temporary special events that involve on-site cannabis sales to, and consumption by patients. Such events shall not be allowed to commence until the Cannabis Business can demonstrate that all necessary local permits, State temporary event licenses, and agency permits have been obtained in compliance with any regulations and deadlines established by the City and the State.
(Ord. 2017-025 § 6)
§ 20-46.100 Grounds for permit revocation or modification.
In addition to the grounds in Section 20-54.100 (Permit revocation or modification), the review authority may require modification, discontinuance or revocation of a Cannabis Business permit if the review authority finds that the use is operated or maintained in a manner that it:
A.
Adversely affects the health, peace or safety of persons living or working in the surrounding area;
B.
Contributes to a public nuisance; or
C.
Has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, diversion of Cannabis or Cannabis Products, public intoxication, smoking in public, harassment of passerby, littering, or obstruction of any street, sidewalk or public way; or
D.
Violates any provision of the City Code or condition imposed by a City issued permit, or violates any provision of any other local, State, regulation, or order, including those of State law or violates any condition imposed by permits or licenses issued in compliance with those laws.
(Ord. 2017-025 § 6)
§ 20-48.010 Purpose.
This chapter provides a regulatory framework for the Short-Term Rental of residential units so that Short-Term Rental activities do not become a nuisance or threat to the public peace, welfare, health, or safety of neighboring properties; to preserve the City's limited housing stock; to retain the residential characteristics of neighborhoods; and to facilitate the collection of Transient Occupancy Taxes (TOT) and Business Improvement Area (BIA) assessments. In order to monitor the success of Chapter 20-48 in reaching these goals and objectives, City Council has directed staff to provide the Council with an opportunity to review Chapter 20-48, in its entirety, in or about August 2024. Council shall use that opportunity to determine if any revisions are necessary or appropriate. In the event that Council determines that no revisions are necessary or appropriate, or if no such Council review takes place, Chapter 20-48 shall remain in full force and effect as written.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
§ 20-48.020 Application of this chapter.
This chapter applies to all Short-Term Rental uses as defined herein but is not intended to regulate hotels, motels, inns, the home exchange of a dwelling unit as defined herein, or other rental arrangements, including, but not limited to, community care facilities, lodging or rooming houses, or supportive or transitional housing. Each Short-Term Rental Owner, Agent, Local Contact, Short-Term Renter, and Daytime Guest as defined herein shall comply with the requirements of this chapter.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
§ 20-48.030 Definitions.
Terms that are not defined in this chapter shall have the meanings ascribed to them in Chapter 20-70 of the Santa Rosa City Code. The following words and phrases shall have the meanings set forth below when used in this chapter unless the context plainly requires otherwise:
A person, authorized in writing by the Short-Term Rental property owner to comply with the requirements of this chapter.
Guests of Short-Term Renters who visit the Short-Term Rental between the allowed daytime guest hours of 8:00 a.m. and 9:00 p.m.
A single unit that provides complete independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation.
The City Manager, the Planning and Economic Development Director (Director), the Police Chief, the Fire Marshal, the Building Official, or one or more of their respective designees.
A type of accommodation in a legal dwelling unit in which two or more parties agree to offer exclusive use of each other's homes for living and sleeping purposes for a set period of time whereby the agreement involves the exchange of homes and may include use of the vehicles associated with those homes, with no additional monetary exchange or other consideration exchanged between the parties. Also known as home swapping.
A natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short-Term Rental. Host includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Host is synonymous with Owner and Operator.
A Short-Term Rental where, throughout the Short-Term Rental period, the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, which parcel is the Owner's principal residence as defined herein. Hosted Short-Term Rentals shall be allowed only in the primary residence on any property containing more than one legal Dwelling Unit except where allowed in an ADU pursuant to Section 20-48.040(A)(4)(b).
A natural person identified in the Short-Term Rental Permit application who is available 24 hours per day, seven days per week, for the purpose of responding to complaints regarding the condition, operation, or conduct of the Short-Term Rental or its occupants, and for taking any remedial action necessary to resolve such complaints, including visiting the Short-Term Rental, if necessary, within 45 minutes after initial complaint. A Local Contact shall not be a call center where a call is not directly answered by a natural person or where the complainant is required to consent to being recorded.
Any Short-Term Rental owner who does not qualify as an Operator in Good Standing as defined herein.
A Short-Term Rental where the Host does not live and sleep in the Dwelling Unit or in another legal Dwelling Unit on the same parcel throughout the Short-Term Rental period.
A Short-Term Rental Operator who was registered on or before October 27, 2021 to pay the City's Transient Occupancy Tax (TOT) and Santa Rosa Tourism Business Improvement Area (BIA) assessments; who submitted a Short-Term Rental Permit application prior to December 3, 2021, that was subsequently approved; and who has not lost Operator in Good Standing status pursuant to any of the reasons provided for in Section 20-48.040(H)(1-4).
A natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short-Term Rental. Operator includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Operator is synonymous with Host and Owner.
A natural person or persons who is/are the Short-Term Rental Owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short-Term Rental. Owner includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Owner is synonymous with Host and Operator.
The place where one resides for more than one-half of the year.
A fee set forth in the City of Santa Rosa Fee Schedule that is assessed to Short-Term Rental Owners if Local Contact, occupancy or parking information for the Short-Term Rental is changed during the life of the Short-Term Rental Permit.
A Short-Term Rental Permit application for a property that does not have an issued and active Short-Term Rental Permit, or where a prior Short-Term Rental Permit has expired or been revoked, or where an Owner no longer qualifies as an Operator in Good Standing.
A Short-Term Rental Permit application for a property that has an issued and active Short-Term Rental Permit, and where the Short-Term Rental Permit renewal application is submitted during the 60 calendar day period prior to expiration of the issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the issued Short-Term Rental Permit.
The fee assessed for a new or renewal Short-Term Rental Permit application as defined herein and as set forth in the City of Santa Rosa Fee Schedule.
A Dwelling Unit, or any portion thereof, utilized for residing, lodging, sleeping, or other occupancy purposes for less than 30 consecutive days, counting portions of days as full days. Short-Term Rentals may be Hosted or Non-Hosted as defined herein.
A person who exercises occupancy or is entitled to occupancy by reason of a booking transaction, concession, permit, right of access, contract, license, or other agreement for a period of less than 30 consecutive days, counting portions of days as full days. Short-Term Renters also include all persons who occupy the Short-Term Rental during the overnight hours of 9:00 p.m. to 8:00 a.m. Daytime Guests as defined herein are not considered Short-Term Renters.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
§ 20-48.040 Short-Term Rental Permit requirements.
A Short-Term Rental Permit issued by the Director is required prior to renting, offering, or advertising a Short-Term Rental within the City.
A.
Permit requirements.
1.
A Short-Term Rental Permit is required for each address where a Short-Term Rental is proposed.
2.
A Short-Term Rental Permit may be issued only to an Owner as defined herein.
3.
A Short-Term Rental Permit may be issued only for a fixed location and address and only for a habitable and permitted Dwelling Unit.
4.
A Short-Term Rental Permit shall not be issued for any of the following unit types or spaces:
a.
Income-restricted affordable housing.
b.
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU); except an ADU where a Short-Term Rental Permit has been issued and is in effect may continue to operate as a Short-Term Rental until or unless it is no longer compliant with any other section of this chapter. A Short-Term Rental Permit for an ADU which has been revoked or vacated or for which a Short-Term Rental Permit Renewal application has not been received pursuant to subsection (E) of this section, or for which a Short-Term Rental Permit Renewal application has been denied, may not be reissued.
c.
Student housing, dormitories, and single-room occupancy facilities.
d.
Senior housing.
e.
Transitional housing.
f.
Temporary housing units such as recreational vehicles, including, but not limited to, non-motorized travel trailers, tiny homes, yurts, tents, treehouses, and sleeping in vans or cars.
g.
Areas not designed or intended for human habitation, such as closets, laundry rooms, storage sheds, and similar areas.
B.
Location requirements and permit limits.
1.
Hosted Short-Term Rental. Hosted Short-Term Rentals are allowed with a Short-Term Rental Permit in all City zoning districts.
a.
Short-Term Rental Permits may be issued for Hosted Short-Term Rentals citywide with no cap on the total number issued.
b.
There is no separation requirement between Hosted Short-Term Rentals.
c.
Maximum Short-Term Rental Permits per Owner. A Short-Term Rental Owner may maintain a maximum of one Hosted Short-Term Rental within city limits.
d.
Hosted Short-Term Rental Application Affidavit. All applications for a Hosted Short-Term Rental Permit shall require the submittal of an affidavit documenting that the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel, one of which is which parcel is the Owner's principal residence as defined herein, throughout the Short-Term Rental period, as defined in Section 20-48.030.
2.
Non-Hosted Short-Term Rentals are allowed with a Short-Term Rental Permit in the Core Mixed Use (CMU), Station Mixed Use (SMU), Maker Mixed Use (MMU), and Neighborhood Mixed Use (NMU), Rural Residential (RR), Single-Family Dwelling (R-1), Residential Planned Development (PD) where not explicitly prohibited, Medium Density Multifamily Residential (R-2), Multifamily Residential (R-3), Transit Village Residential (TV-R), Office Commercial (CO), Neighborhood Commercial (CN), Community Shopping Center (CSC), General Commercial (CG), and Transit Village-Mixed (TVM) zoning districts. Non-hosted short-term rentals are prohibited in all other zoning districts.
a.
The maximum number of Short-Term Rental Permits issued for Non-Hosted Short-Term Rentals shall be 182 citywide. No new Non-Hosted Short-Term Rental Permit applications shall be accepted. The maximum number of Non-Hosted Short-Term Rental Permits citywide shall decrease through attrition when existing Non-Hosted Short-Term Rental Permits are vacated or revoked, or when properties are sold or transferred, with the exception of transfers allowed pursuant to Section 20-48.040(G)(1).
b.
Required separation between Non-Hosted Short-Term Rentals. A new Non-Hosted Short-Term Rental may not be proposed within 1,000 feet of another existing or proposed Non-Hosted Short-Term Rental as measured from property line to property line.
3.
Maximum Short-Term Rental Permits per Owner. A Short-Term Rental Owner may maintain a maximum of one Non-Hosted Short-Term Rental within city limits. Non-Hosted Short-Term Rental Permit Owners with more than one issued Non-Hosted Short-Term Rental Permit as of August 24, 2023 may continue to maintain all of their existing Non-Hosted Short-Term Rental Permits, provided that the Permits are maintained in good standing and have not otherwise been vacated or revoked. If a Non-Hosted Short-Term Rental Permit is not renewed pursuant to Section 20-48.040(E), the Owner shall lose the right to that Permit and their total number of Permits held shall be reduced.
C.
New application. A new Short-Term Rental Permit application accompanied by the appropriate application fee shall be filed with the Planning and Economic Development Department. The new Application shall include all supporting materials, verifications, and signatures required by said application and any other information determined necessary by the Director, or the application shall be deemed incomplete and subject to expiration pursuant to Section 20-50.080, Initial application review.
D.
Duration of Short-Term Rental Permit. A Short-Term Rental Permit shall be valid for a period of no more than one year from date of issuance and is automatically void upon expiration, unless an application for a Renewal Short-Term Rental Permit has been submitted to the City pursuant to Section 20-48.040(E) below. A Short-Term Rental Permit may not be extended but may be renewed in accordance with subsection E, below.
E.
Annual renewal.
1.
A Renewal Short-Term Rental Permit application accompanied by the Short-Term Rental Permit renewal fee and all supporting materials, verifications, and signatures required by said application, shall be submitted to the Planning and Economic Development Department annually prior to expiration of the Short-Term Rental Permit. Renewal applications shall be submitted no earlier than the 60 calendar days prior to expiration and shall be accepted up to 30 calendar days after the date of expiration of the existing Short-Term Rental Permit.
2.
If a Renewal Short-Term Rental Permit application is received prior to the expiration of the issued Short-Term Rental Permit, and in no case later than 30 calendar days after the expiration of the Permit, expiration of the issued Short-Term Rental Permit shall be stayed until the Renewal Short-Term Rental application is acted on by the Director. If the renewal application is approved, the issuance month and day for the Short-Term Rental Permit shall be the same as the issuance month and day of the previous Short-Term Rental Permit; for example, if the previous Short-Term Rental Permit was issued on January 1, 2023, the renewal Short-Term Rental Permit issuance date shall be January 1, 2024.
3.
If a Renewal Short-Term Rental Permit application is not received prior to the expiration of an issued Short-Term Rental Permit, or in no case later than 30 calendar days after the expiration of the Permit, all short-term rental activities must cease, and a New Short-Term Rental Permit shall be required for continued or future use of the unit as a Short-Term Rental, and all requirements of a New Short-Term Rental Permit, including separation requirements between Non-Hosted Short-Term Rentals, shall apply.
F.
Neighbor notification.
1.
Upon issuance of a New Short-Term Rental Permit, the City will provide mailed notice of permit issuance, Local Contact information, and certain Short-Term Rental regulations to property owners and tenants within 600 feet of the Short-Term Rental.
2.
Renoticing requirement. Neighbor renoticing is required if the Local Contact, occupancy, or parking limits change during the life of the Short-Term Rental Permit. Where neighbor renotification is required, the applicant shall be responsible for all renotification costs including staff time, printing, and postage prior to Permit issuance or implementation of the requested changes, as set forth in the City of Santa Rosa Fee Schedule.
G.
Transferability. A Short-Term Rental Permit is non-transferrable, except as identified in subsection (G)(1) below. If a property with an approved Short-Term Rental Permit is sold or transferred to any other person, the Short-Term Rental Permit is void. Any subsequent reapplication shall be subject to all requirements of a New Short-Term Rental Permit application including the 1000-foot separation requirement for Non-Hosted Short-Term Rentals. The following exception shall apply:
1.
In the event that a Short-Term Rental Permit Owner is incapacitated, deceased, or otherwise unable to carry out the terms of the Short-Term Rental Permit, a valid Short-Term Rental Permit may be transferred to a spouse or domestic partner.
H.
Loss of Operator in Good Standing status. Any owner of a property that applied for or was issued a Short-Term Rental Permit as an Operator in Good Standing as defined herein, shall lose Operator in Good Standing status and all benefits accorded heretofore for any of the reasons outlined below and any subsequent reapplication shall be subject to all requirements for a new Short-Term Rental Permit, including the 1000-foot separation requirement for Non-Hosted Short-Term Rentals.
1.
The Short-Term Rental, whether before or after Short-Term Rental Permit issuance, has accrued in any one-year (12 consecutive months) period, three verified code enforcement violations; or
2.
The New or Renewal Short-Term Rental Permit has been denied or revoked; or
3.
The property is sold or transferred to another person, with the exception of transfers allowed pursuant to subsection (G)(1) above; or
4.
The Owner does not submit a Renewal Short-Term Rental Permit application prior to or within 30 calendar days following the expiration of the issued Short-Term Rental Permit.
I.
Denial. The Director may deny a New or Renewal Short-Term Rental Permit application for any of the following reasons:
1.
The application or supporting materials, signatures, or verifications are incomplete, are not consistent with the requirements of this chapter, contain(s) false or misleading information or omission of a material fact; or
2.
The appropriate application fee has not been received; or
3.
The applicant has lost Operator in Good Standing Status and does not comply with the requirements of a new Short-Term Rental Permit, including the 1000-foot distance requirement between Non-Hosted Short-Term Rentals; or
4.
The application seeks authorization at an address where a Short-Term Rental Permit:
a.
Has expired and a complete Short-Term Rental Permit renewal application has not been received prior to or within 30 calendar days following the expiration; or
b.
Is subject to revocation proceedings for violation of any of the provisions of this chapter or any other chapter of the City's Municipal Code, or any local, State, or Federal laws.
5.
The applicant is ineligible for a Short-Term Rental Permit due to a prior revocation pursuant to Section 20-48.080(C); or
6.
The Owner has failed to remit TOT and/or BIA assessments in the amount(s) required based on the number of nights the Short-Term Rental has been occupied and the level of compensation received; or
7.
The Short-Term Rental Owner has unpaid code enforcement penalties or other City fees at the time of New or Renewal Short-Term Rental application submittal, unless said penalties or fees are paid within 30 days of the filing of a New or Renewal Short-Term Rental application.
J.
Appeals. Director determinations on New or Renewal Short-Term Rental Permit applications may be appealed to the Planning Commission. Appeals shall be submitted in writing on a City application and filed with the Planning and Economic Development Department with the appropriate fee within 10 calendar days after the decision date. The time limit will extend to the following business day where the last of the specified number of days falls on a day that City offices are not open for business.
§ 20-48.050 Registration requirements.
A.
Transient Occupancy Tax. Short-Term Rental Owners shall impose, report, and remit Transient Occupancy Tax pursuant to City Code Chapter 3-28, Transient Occupancy Tax. Notwithstanding Section 3-28.050, Registration, Short-Term Rental Owners must register for TOT prior to submittal of a new Short-Term Rental Permit application. Any Short-Term Rental Owner who fails to accurately impose, report, and remit Transient Occupancy Tax shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 3-28 and Section 20-48.080 of this chapter.
B.
Santa Rosa Tourism Business Improvement Area Assessment. Short-Term Rental Owners shall report and remit Business Improvement Area Assessment pursuant to City Code Chapter 6-56, Article IV, Santa Rosa Tourism Business Improvement Area. Any Short-Term Rental Owner who fails to accurately report and remit Business Improvement Area Assessments shall be subject to the enforcement and remedies provided by Santa Rosa City Code Chapter 6-56 Article IV and Section 20-48.080 of this chapter.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
§ 20-48.060 Occupancy standards and parking requirements.
A.
Occupancy limits. Maximum Short-Term Rental occupancy shall not exceed two Short-Term Renters per bedroom and shall in no instance exceed 10 Short-Term Renters in total, excluding children under the age of three. The number of bedrooms shall be determined by County Assessor's record. The Owner shall not allow the Short-Term Rental to be used for any gathering that exceeds the maximum number of Short-Term Renters and allowable Daytime Guests, or for any gathering that does not meet the minimum parking requirements specified herein.
B.
Daytime Guests. In addition to the maximum number of Short-Term Renters allowed, Daytime Guests shall be allowed to visit the property between the hours of 8:00 a.m. and 9:00 p.m. The maximum number of Daytime Guests shall be equal to one-half of the maximum number of Short-Term Renters allowed (e.g., if the maximum number of Short-Term Renters is 10, then five Daytime Guests are allowed for a total occupancy to not exceed 15 people between the hours of 8:00 a.m. and 9:00 p.m.).
C.
Parking requirements. Notwithstanding the maximum occupancies allowed pursuant to subsections (A) and (B) above, the maximum occupancy of a Short-Term Rental shall not exceed the occupancy supported by the minimum parking spaces as required below, except for Short-Term Rentals located in CMU, SMU, MMU, and NMU zoning districts where maximum occupancies shall be determined by the number of bedrooms proposed for Short-Term Rental Use exclusively:
1.
Each Short-Term Rental shall provide one off-street parking space per bedroom proposed for Short-Term Rental use.
2.
Parking spaces within garages and carports shall have minimum dimensions of nine and one-half feet in width by 19 feet in length, clear of any obstructions (e.g. laundry or HVAC equipment).
3.
Standard parking spaces shall have a minimum dimension of nine feet in width by 19 feet in length.
4.
Parallel parking spaces shall be at least eight feet by 22 feet, except that spaces that are encumbered at one end may be reduced to eight feet by 20 feet.
5.
Where legal on-street parking is available, no more than one on-street parking space may count toward the minimum number of parking spaces required.
6.
A garage or driveway used to meet the Short-Term Rental minimum parking requirement must be available to the Short-Term Renter for that purpose.
7.
Parking shall not be located in a required front or street side setback except when located on a driveway.
8.
Parking shall not encroach into the roadway or obstruct fire apparatus access roads (Emergency Vehicle Access) or travel. This includes driveways where fire department access is required to come within 150 feet from the furthest point of the structure for firefighting purposes.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
§ 20-48.070 Operational standards.
Each Owner, Agent, and Short-Term Renter or Daytime Guest shall comply with all operational requirements and standard conditions established by this section.
A.
General.
1.
Compliance with other codes and laws. At the time of Short-Term Rental Permit issuance and at all times the Short-Term Rental Permit is active, the Short-Term Rental shall be in compliance with the provisions of the City Code, the California Fire Code, California Building Code, California Residential Code, International Property Maintenance Code, National Fire Protection Association Standards, local amendments to adopted codes or regulations, and any other applicable laws and codes.
3.
Outdoor lighting. All exterior lighting shall be adequately shielded from adjacent properties to minimize light pollution impacts and shall comply with all other provisions of Section 20-30.080, Outdoor lighting.
4.
Trash and recycling facilities. Trash and refuse shall not be left stored within public view, except in the proper containers for the purpose of collection on scheduled trash days. Recycling and trash receptacles shall be removed from the street within 24 hours of trash pick-up.
5.
Permit posting. A copy of the Short-Term Rental Permit and accompanying Short-Term Rental Requirements shall be posted within the Short-Term Rental in a prominent place and shall be included as part of all rental agreements.
6.
Water conservation. During any City Council declared water shortage, the Owner shall provide Short-Term Renters with information related to water reduction, how to report plumbing leaks to the Owner/Agent/Local Contact, and any City mandated water use prohibitions and restrictions.
7.
Events or gatherings. Events or gatherings including, but not limited to, weddings, receptions, and corporate events, are prohibited. Personal, private events hosted by the Owner of the Short-Term Rental, where the Owner is present at all times during the event, including overnight, are not subject to this provision.
8.
Advertising and listing requirements. Advertising may be conducted only for Short-Term Rentals operating under a valid Short-Term Rental Permit. All advertisements, flyers, internet listings, or other methods of offering the Short-Term Rental shall include the following:
a.
Maximum number of Short-Term Renters.
b.
Maximum number of Daytime Guests.
c.
Number of dedicated off-street parking spaces and whether there is one legal on-street parking space available for use by Short-Term Renters.
d.
Notification that quiet hours must be observed between 9:00 p.m. and 8:00 a.m.
e.
Notification that outdoor amplified sound is prohibited; and
f.
The Short-Term Rental Permit number for the property.
9.
Accessibility. The Short-Term Rental shall be made available by the Owner, Agent, or Local Contact for inspection by code enforcement, building, police, or fire personnel by request at any time.
B.
Life, safety requirements.
1.
Emergency communication. Each Short-Term Rental shall be equipped with landline telephone service (POTS) or VoIP line with battery backup for the handset if a POTS isn't available. The POTS or VoIP shall be registered to receive SoCoAlert or the most current opt in form of "Reverse 911."
2.
Right to privacy. All video surveillance, or any mechanism that can be used to capture or transmit audio, video, or still images on site, shall be disclosed to Short-Term Renters.
3.
Evacuation preparation and signage. The following shall be posted in a visible location within each Short-Term Rental:
a.
A City of Santa Rosa evacuation checklist;
b.
A "Know Your Alerts" flyer which provides the City's alert and warning systems for emergency notifications;
c.
A "Know Your Ways Out" map which reflects the recommended neighborhood travel routes to be used in the event of evacuation; and
d.
The evacuation zone for the Short-Term Rental location.
4.
Exit, fire, and emergency signage. Each Short-Term Rental shall have a clearly printed sign which shows the locations of all fire extinguishers, gas shut off valves, exits, and pull fire alarms in the unit and building (if applicable).
5.
Outdoor burning. Outdoor burning at Non-Hosted Short-Term Rentals shall be limited to outdoor firepits, fireplaces, barbeques/grills and heaters that generate an open flame through the use of a single five-gallon cylinder of liquid petroleum gas (LGP) or are fed by natural gas, provided that such outdoor burning shall not be located within 10 feet of combustible vegetation and overhanging trees limbs. No other outdoor burning shall be permitted at Non-Hosted Short-Term Rentals. Outdoor burning at Hosted Short-Term Rentals shall comply with all requirements of Santa Rosa Municipal Code Chapter 18-44 and the California Fire Code.
(Ord. 2021-011 § 2; Ord. 2023-011, 7/25/2023)
§ 20-48.080 Enforcement.
It shall be unlawful for any person to violate any provision of, or to fail to comply with any requirement of this chapter, or of any other applicable local, State, or Federal law. Violations of this chapter may be enforced through any combination of remedies, including, but not limited to, those outlined in Chapters 1-28, 1-30, 3-28, 6-56 and Section 20-54.100 of this code. Enforcement as described herein may be in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the City of Santa Rosa to address any violation of its ordinances, up to and including revocation of the Short-Term Rental Permit.
A.
Complaint procedure. Point-in-time complaints may be directed to the City's complaint hotline and may additionally be directed to the Local Contact as identified in the Short-Term Rental Permit application. Other complaints may be directed to Code Enforcement using the City's online portal. A failure of the Local Contact to respond as provided for herein, when verified by Code Enforcement, shall constitute a violation of a Short-Term Rental Permit.
B.
Penalties. Violation of any provision of this chapter shall result in the issuance of administrative citations and the assessment of enforcement penalties as provided for in Table 48.1, below. In no case shall such penalties exceed maximum fine amounts established pursuant to California Government Code Section 36900 et seq., or future amendments thereof.
Table 48.1 - Fine Penalty Schedule For Short-Term Rental Violations | ||||
|---|---|---|---|---|
Major Categories | ||||
Section | Violation | 1st | 2nd* | 3rd+* |
20-48.040 | Operation or rental of a STR without a valid permit | $1,500 | $3,000 | $5,000 |
20-48.060(A) | Exceeding occupancy limits [renters] | |||
20-48.060(B) | Exceeding occupancy limits or daytime hours [guests] | |||
20-48.060(C) | Failure to observe parking requirements | |||
20-48.070(A)(2)(a) | Failure to observe quiet hours | |||
20-48.070(A)(2)(b) | Outdoor amplified sound | |||
20-48.070(A)(7) | Operation of a prohibited event or gathering | |||
20-48.070(B) | Violation of life, safety requirements | |||
Minor Categories | ||||
|---|---|---|---|---|
Section | Violation | 1st | 2nd* | 3rd+* |
20-48.030 | Failure of Local Contact to respond as required | $100 | $200 | $500 |
20-48.050 | Failure to pay TOT's or BIA's | |||
20-48.070(A) | Violation of other codes or laws not directly relating to the STR regulation | |||
20-48.070(A)(3) | Nuisance lighting | |||
20-48.070(A)(4) | Violation pertaining to trash, recycling, and receptacles | |||
20-48.070(A)(5) | Violation of posting standards | |||
20-48.070(A)(8) | Violation of advertising and listing requirements | |||
20-48.070(A)(9) | Failure to provide inspection access | |||
* | Reflects subsequent violations occurring within 12 months of a first violation |
A citation issued for a first-time violation of Section 20-48.070(A)(8) pertaining to advertising or listing requirements shall not include a fine. The issuance of an administrative citation for any violation of this chapter, including a first-time violation of Section 20-48.070(A)(8) as described herein, or for a violation of any other applicable local, State, or Federal law, shall constitute a verified violation for purposes of Section 20-48.080(C).
C.
Revocation. Upon a third verified violation of this chapter within a 12 consecutive month period, a Short-Term Rental Permit will be subject to revocation proceedings pursuant to Section 20-54.100. The Owner of a Short-Term Rental Permit that has been revoked for any reason shall be permanently ineligible for future consideration of a Short-Term Rental Permit on the property that was the subject of the revocation.
§ 20-49.010 Purpose.
A.
In enacting this chapter, the city council acknowledges the valuable health and therapeutic services that commercial Massage Therapy can provide to the public. However, the council also recognizes the potential for unlawful activities associated with Massage Therapy, which can threaten the quality of life in the community if not properly regulated. Therefore, the purpose of this chapter is to protect public health, safety, and welfare by establishing clear regulations for Establishments providing Massage Therapy services, prohibiting prostitution and other illegal activities conducted under the guise of Massage Therapy, and setting specific sanitation, health, and operational standards for Massage Establishments.
B.
Additionally, this chapter aims to mitigate neighborhood blight and protect the integrity of both residential and commercial districts. It also seeks to strengthen enforcement of criminal laws pertaining to illegal activities conducted by Massage Establishment operators and employees.
C.
It is the council's further purpose to implement the statewide regulations governing Massage Therapists and Establishments, as outlined in Business and Professions Code Section 4600 et seq. These regulations, enacted in 2008 and subsequently amended, will be used to restrict commercial massage practice in the city to only those Individuals certified by the California Massage Therapy Council. Additionally, the chapter will establish provisions for the registration and regulation of Massage Establishments to ensure public health and safety, within the limits of applicable law.
(Ord. 2025-004, 3/18/2025)
§ 20-49.020 Definitions.
Unless the context indicates otherwise, the definitions provided in this section shall apply to the interpretation and application of terms used in this chapter. Any term not specifically defined herein or in chapter 20-70 of this Code shall be given its ordinary and commonly understood meaning. Where differing definitions may be found in this Code, the definitions contained in this section shall apply for purposes of this Chapter. As used in this Code, the following terms shall have the meanings specified below:
means the process by which certain Massage Related Uses, as defined in this Title, may receive use-specific relief from certain strict regulations contained in Sections 20-49.040, 20-49.050, and 20-49.060 of this Chapter, offering flexibility while maintaining the code's overall intent. Administrative adjustments have Director level review authority but may be deferred to the Planning Commission.
refers to any of the following Individuals:
means any occupation, vocation, or calling, whether conducted for profit or not, that involves the time, attention, or labor of one or more persons.
means the Massage Therapy organization formed pursuant to California Business and Professions Code Section 4602. CAMTC is considered a Certifying Body as defined in this Chapter.
means the Registration Certificate issued by the city upon submission of satisfactory evidence that a Massage Establishment employs or uses only Certified Massage Therapists pursuant to this chapter and is at all times operated in compliance with relevant sections of this Code and all other laws.
means a Massage Business, including, but not limited to, a sole proprietorship; a Massage Business operating under the benefit of a certified Massage Establishment Registration Certificate issued by the city; and a Massage Business where each Business Owner, Employee, Independent Therapist, or other Individual who practices Massage Therapy for compensation, is a Certified Massage Therapist as defined herein.
means the certificate issued by a Certifying Body, required by this chapter, authorizing a Certified Massage Therapist to practice Massage Therapy in conjunction with a Certified Massage Establishment.
means any Individual certified as a Certified Massage Therapist by CAMTC or another State certified body designated pursuant to California Business and Professions Code Section 4600 et seq. Pertaining to this chapter, the terms "masseur," "masseuse," "certified massage practitioner," or "Independent Therapist or Practitioner" shall have the same meaning as "Certified Massage Therapist" or "Therapist" when certified from or through a Certifying Body.
means CAMTC or another State certified body designated pursuant to California Business and Professions Code 4600 et seq.
means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money, services, or anything else of value.
means any Individual employed by a Massage Establishment who may render any service to the Establishment, and who receives any form of compensation from the Establishment, including but not limited to Individuals acting as Therapists and Independent Therapists.
means a representative from Sonoma County Environmental Health or their designee, and/or a Reviewing Officer as defined in this section.
means a use that is being conducted as or from:
A Home Occupation, subject to Section 20-42.070 and the provisions of this Chapter; or
A "live/work" or "work/live" unit, subject to Section 20-42.080 and the provisions of this Chapter.
Home-Based Massage services may be permitted, subject to Administrative Adjustment pursuant to Section 20-49.090(D) or (E) of this Chapter. |
shall mean an Individual who holds a Certified Massage Therapist Certificate and provides services within a Massage Establishment for less than 10 cumulative days within any 30-day period, is not considered a permanent Employee, and is responsible for their own taxes and benefits;
means an Employee responsible for the day-to-day operations of the Massage Establishment, whose duties include but are not limited to the overseeing of staff; scheduling appointments; managing finances; and ensuring strict compliance with all local, state, and federal regulations. The Manager may or may not be a Business Owner or a licensed Massage Therapist but remains subject to the requirements of this chapter.
means any commercial operation having a fixed place of business where a Therapist, for any compensation, performs or engages in any act of Massage as defined in this section, regardless of whether other facilities or services are offered. Any Business that includes Massage Therapy services with adjacent uses such as bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools, and hot tubs, shall be deemed a Massage Business under this chapter. The term "Massage Business" also includes a sole Business Owner, operator or Employee operating as a sole proprietorship.
are used interchangeably in this chapter and refer to the professional application of touch by a Therapist for compensation. This includes, but is not limited to, techniques such as pressure, friction, stroking, kneading, rubbing, tapping, pounding, compressing, stimulating, or other movements of the external body surfaces. These techniques are used for remedial, health, or hygienic purposes to promote increased awareness, relaxation, circulation, pain relief, injury rehabilitation, or neuromuscular reeducation. The term also includes, but is not limited to, treatments that utilize mechanical or electrical apparatus, supplemental aids like rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or similar preparations, as well as various types of baths, including Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, or fomentation baths.
means the engaging in or carrying on, either as a Certified Massage Establishment, Independent Therapist, or Sole Proprietor, of Massage for compensation at a location other than a Massage Establishment that has been permitted pursuant to this chapter or a Massage Business otherwise allowed to operate subject to section 20-49.090 of this chapter. Mobile Massage service may be permitted, subject to Administrative Adjustment pursuant to Section 20-49.090(C) of this Chapter.
means a class of Employee who renders service to and receives compensation from the Establishment but is not a Business Owner or Manager and does not in any way practice Massage.
means a customer who is on the premises of a Massage Establishment for the purpose of receiving Massage Therapy services, in exchange for compensation, from a certified Massage Therapist while seeking relaxation, pain relief, or other health benefits.
means any person or Individual as commonly defined, as well as any firm, association, partnership, corporation, joint venture, limited liability company, or combination thereof.
for purposes of this chapter means the responsible party, person or entity owning the real property upon which a Massage Business or Massage Establishment is located, as shown on the last equalized tax assessment roll maintained in the Sonoma County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered by a court of competent jurisdiction to take possession or control of the real property.
means the area immediately inside the main entry door of the Massage Establishment dedicated to the reception and queuing of Patrons and visitors, and which is not a treatment area or otherwise used for the provision of Massage Therapy services.
means the Certified Massage Establishment Registration Certificate required by this chapter to operate a Massage Establishment.
means the Code Enforcement Officer or other person, or persons designated by the City to conduct any application reviews or inspections as required or permitted under this chapter.
means any school or institution of learning that is recognized as an approved school pursuant to California Business and Professions Code Section 4600 et seq., as currently drafted or as may be amended.
means a single individual who has the exclusive legal right or title to a massage business as the solitary owner/employee. A Sole Proprietor as used in this Chapter is subject to all of the provisions of Section 20-49.030.
means any establishment or place of business that provides a variety of services focused on enhancing overall well-being through relaxation, rejuvenation, and the improvement of physical appearance or health.
means the specific area or areas of an Establishment used for the provision of Massage Therapy services.
means any Individual not retained or employed by the Massage Business or Massage Establishment and not receiving or waiting to receive Massage Therapy services but excluding law enforcement personnel, Reviewing Officers, or other governmental officials performing governmental business.
(Ord. 2025-004, 3/18/2025)
§ 20-49.030 Required certification and local establishment registration.
A.
Individuals. Within 180 days of the effective date of this chapter and at all times thereafter, except where a specific exemption is applicable pursuant to Section 20-49.090(A), it shall be unlawful for any Individual to practice Massage Therapy for compensation as a sole proprietorship or Employee of a Massage Business or Establishment, or in any other capacity within the city unless that Individual is a currently Certified Massage Therapist.
B.
Establishments. Within 180 days of the effective date of this chapter, and at all times thereafter, it shall be unlawful for any Business or Establishment to provide Massage Therapy for compensation within the city unless all of the following apply:
(Ord. 2025-004, 3/18/2025)
§ 20-49.040 Massage establishment registration and certification.
A.
Application. The Registration application for a Massage Establishment certificate shall include all of the following:
1.
Legal name, address, and telephone number of the Massage Establishment. The Establishment name shall correspond to the named lessor on any lease agreement, and with the entity named on the Zoning Clearance and Business Tax Certificate.
2.
Legal name(s), residential and business address(es), and telephone number(s) of all Business Owner(s). In the event that the owner is an LLC or other corporate business entity, documents attesting to the form of business under which the Massage Establishment will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form) will be provided, along with the legal names, addresses and telephone numbers of all listed members of the entity.
4.
A dimensioned digital plan, clearly detailing the entirety of the Massage Establishment and demonstrating compliance with all provisions of Section 20-49.050 of this chapter.
5.
A list of all of the Massage Establishment's Employees; Therapists; and Independent Therapists who are engaged to perform Massage for more than 10 cumulative days within any 30-day period, along with their current proof of certification status.
6.
Each Business Owner and Employee of the Massage Establishment who is not a Certified Massage Therapist, Non-Therapist Employee, or Certified Massage Therapist who has not undergone a background check as part of their certification process shall:
a.
Obtain a "Request for Live Scan Service Form" from the Reviewing Officer, and submit the form and requisite fees to a California Live Scan Fingerprinting Services location; and
b.
Submit to the Reviewing Officer a written summary of the Individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any Massage Business or Establishment, spa, wellness facility, sauna, hot tub facility, bathhouse, or similar Business owned or operated by the Individual whether inside or outside the county of Sonoma and its incorporated cities.
7.
For all Business Owners and Non-Therapist Employees, a valid and current driver's license and/or identification issued by the state of California.
8.
For all Business Owners, a signed statement that all of the information contained in the application is true and correct under penalty of perjury; that all Business Owners shall be responsible for the conduct of the Business's Employees or Independent Therapists providing Massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this chapter may result in revocation of the Business's Massage Establishment certificate.
B.
Issuance. Upon complete provision by the Massage Establishment of the foregoing documentation, and approval thereof, the Reviewing Officer shall issue to the Massage Business a city Massage Establishment certificate, which shall be valid through December 31 of the second calendar year following issuance. Where any application or renewal is denied stemming from the revocation of an Establishment Certificate for procedural violations of this chapter, pursuant to Section 20-49.120(A)(1), no reapplication will be accepted for a period of two (2) years. Where such denial or revocation stems from a gross violation of this chapter, pursuant to Section 20-49.120(A)(2), application or renewal will not be considered at any time. The Reviewing Officer may deny the issuance of an Establishment certificate if any of the required information is not true, complete, or correct, or if an Individual required to submit to a background check pursuant to subsection (A)(6) of this Section fails to pass such background check. City Massage Establishment certificates may not be issued to a Massage Business seeking to operate at a particular location if:
1.
Another Massage Business or Establishment is, or was, operating at that particular location and that Massage Business or Establishment is, or was, in the process of revocation for procedural violations pursuant to Sections 20-49.120(A)(1) and (E)(1), during the pendency of the revocation and one (1) year following revocation.
2.
Another Massage Business or Establishment is, or was, operating at that particular location and that Massage Business or Establishment is, or was, in the process of revocation for gross violations pursuant to Sections 20-49.120(A)(2) and (E)(2), during the pendency of the revocation and two (2) years following revocation.
C.
Amendment. A Massage Establishment shall apply to the city to amend its city Massage Establishment certificate within 10 days after any change in the Registration information, including, but not limited to, resignations, terminations, transfers (in or out), or hirings of Massage Therapists or Employees; or changes in the Business Owner's addresses and/or telephone numbers. All certifications and/or background check requirements as provided for in this chapter, and payment of all associated fees, shall be observed.
D.
Renewal. A Massage Establishment shall apply to the city to renew its city Registration Certificate no sooner than 60 days prior to the expiration of said city Registration Certificate, and in no case will the renewal application be accepted if submitted after the expiration date. The purpose of the renewal process is to verify that no changes from the initial application and subsequent amendments have occurred; to post costs associated with annual inspections over the renewed Registration period; and to ensure that any outstanding fines or fees owing pursuant to this chapter are remitted. If an application for renewal of a city Registration Certificate and all required information is not timely received and the certificate expires, no right or privilege to provide Massage shall exist, until a new application is submitted to and approved by the Reviewing Officer.
E.
Fees. The Registration application, and any amendment to or renewal of an existing Massage Establishment certificate shall be accompanied by a fee, as established by City Council resolution. The provisions of this section shall not prevent the city from imposing supplemental inspection fees when multiple additional inspections are prescribed pursuant to Section 20-49.060, and for the background checks and fingerprinting fees for Business Owners and Employees of a Massage Business or Establishment who are not certified and who are subject to such background checks pursuant to this chapter. All City generated fees, including fees for appeal, are established by city council resolution.
(Ord. 2025-004, 3/18/2025)
§ 20-49.050 Operational requirements.
General Operational Requirements. On or after 180 days from the effective date of this chapter, no person shall engage in, conduct, carry on, or permit any Massage within the city unless all of the following operational requirements are met:
A.
Establishment signage and on-site identification of personnel.
1.
All signage shall be in conformance with provisions of subsection (G)(2)(b)&(c) of this section and Chapter 20-38 of this code. Neon/LED signage and the outlining of windows or architectural elements with neon tubing are specifically prohibited.
2.
Certification placards for every currently employed Massage Therapist shall be clearly and permanently displayed at all times in the Reception and Waiting Area of the Massage Establishment premises so as to be visible to anyone within the area. Such placards must be original documents and shall not be laminated or altered in any way.
3.
Certification ID cards shall be kept in close proximity to every Massage Therapist's person at all times during their working hours and when engaged in providing Massage services. Such identification shall be immediately provided to any Reviewing Officer or any other person requesting it during business hours.
4.
Certificates of former Employees and/or Independent Therapists shall be removed immediately upon those Massage Therapists no longer being employed by or offering services through the Massage Establishment.
5.
A Massage Therapist shall operate only under their legal name as specified in their currently issued Certified Massage Establishment Certificate.
6.
A Massage Establishment shall operate only under the Business name specified in its Massage Establishment Certificate.
7.
The city Massage Establishment Certificate and city Business Tax Certificate shall all be clearly and permanently displayed at all times in the Reception and Waiting Area of the Massage Establishment premises so as to be visible to anyone within the area.
B.
Hours of operation.
1.
Massage shall only be provided between the hours of 7:00 a.m. and 8:00 p.m. daily. No Massage Establishment shall be open, and no Massage shall be provided between the hours of 8:00 p.m. and 7:00 a.m. The hours of operation of the Massage Establishment shall be clearly and permanently displayed at all times in the Reception and Waiting Area of the Massage Establishment premises so as to be visible to anyone within the area and shall additionally be clearly and permanently posted in any front window so as to be visible to anyone outside of the Massage Establishment. Patrons and Visitors shall be permitted in treatment areas only during the hours of operation.
2.
A Massage commenced prior to 8:00 p.m. shall nevertheless terminate at 8:00 p.m., and, in the case of a Massage Establishment, all Patrons shall exit the treatment areas at that time.
3.
It is the obligation of the Massage Establishment to inform Patrons of the requirement that services must cease, and that the building must be completely vacated of all Patrons, by 8:30 p.m.
4.
During the hours of operation, except as otherwise provided herein, no Visitors shall be permitted in treatment areas, break rooms, dressing rooms, showers, or any other room or part of the Massage Establishment premises other than the bathrooms or Reception and Waiting Area.
5.
Other than actively working custodial, maintenance, or management staff, no persons shall be permitted within the premises of a Massage Establishment between the hours of 9:00 p.m. and 6:00 a.m., except in the event of an emergency where the Property Owner, Business Owner, or other Individuals need to be present.
C.
Listing of services and costs.
1.
A comprehensive list of all services available and the cost of such services shall be clearly posted in the Reception and Waiting Area within the Massage Establishment and shall be described in readily understandable language.
2.
No Business Owner or Manager shall permit, and no Massage Therapist shall offer or perform, any services other than those specifically posted or listed as required herein.
3.
No Business Owner, Manager, or Massage Therapist shall request or charge a fee for any service other than those on the list of services available and posted in the reception area of the Establishment.
D.
Record keeping.
1.
For each Massage service provided, every Massage Establishment shall keep a complete and legible written record of the following information:
a.
The date and hour that the service was provided;
b.
The actual service or services provided;
c.
The name and contact information of the Individual receiving the service;
d.
The name or initials of the Employee entering the information; and
e.
The name and certification number of the Massage Therapist administering the service.
2.
Such records shall be open to inspection and copying by police officers or Reviewing Officers charged with enforcement of this chapter.
3.
These records shall not be used by any Business Owner, Manager, Massage Therapist, or any other Establishment Employee for any purpose other than as records of services provided and shall not be provided to other parties unless otherwise required by law.
4.
Such records shall be retained on the premises of the Massage Establishment for a period of three (3) years and shall be immediately available for inspection during business hours pursuant to section (2), above.
E.
Clothing/Uniforming.
1.
All Massage Establishment Business Owners, Managers, Employees, and Massage Therapists shall wear clean, nontransparent outer garments.
2.
Said garments shall not expose, emphasize, or draw attention to the genitals, pubic areas, buttocks, chest, or undergarments, or be worn in a manner that constitutes a violation of Section 314 of the California Penal Code.
3.
Swim attire shall only be allowed to be worn by a Therapist in the course of providing an industry-approved, water-based massage modality.
F.
Hygiene. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all Massage Establishments located within the city:
1.
Massage Establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each Patron. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one Patron, unless they have first been laundered and disinfected by regular commercial laundering, or by a noncommercial laundering process acceptable to the Sonoma County Health Officer. Disposable towels and coverings shall not be used on more than one Patron. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
2.
All bathrobes, bathing suits, and/or other garments that are provided for the use of Patrons shall be either fully disposable and not used by more than one (1) Patron or shall be laundered after each use pursuant to subsection (F)(1) of this Section.
3.
All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of Patrons shall be either fully disposable and not used by more than one (1) Patron or shall be fully disinfected after each use in a manner acceptable to the Sonoma County Health Officer.
4.
Massage tables shall be waterproof by design, or covered in a waterproof material, and shall be cleaned and maintained between use by each Patron in a manner acceptable to the Sonoma County Health Officer.
5.
All walls, ceilings, floors, and other physical facilities for the Establishment shall be maintained in good repair and in a clean and sanitary condition.
6.
Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, pools and bathtubs shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with an appropriate disinfectant approved by the Sonoma County Health Officer. Bathtubs shall additionally be thoroughly cleaned after each use with a disinfectant approved by the Sonoma County Health Officer.
7.
Instruments utilized in performing Massage shall not be used on more than one Patron unless they have been sterilized, using approved sterilization methods approved by the Sonoma County Health Officer.
8.
A minimum of one wash sink for Employees shall be provided at all times. The sink shall be located within or as close as practicable to treatment areas. Hot and cold running water shall be provided at all times. Sanitary towels shall also be provided at each sink.
9.
Hand sanitizer dispensers shall be maintained in all treatment and reception areas.
10.
Adequate dressing and toilet facilities shall be provided for Patrons.
G.
Interior areas of the Massage Establishment.
1.
Generally.
a.
All Massage Establishments shall comply with all adopted building, safety, fire, property maintenance, and other code standards pursuant to Title 18 of this code;
b.
All Massage Establishments shall comply with all local, state, and federal laws and regulations for Patrons, Visitors, and Employees with accessibility needs;
c.
All interior doors, including to/from treatment areas or cubicles, but excluding to/from individual dressing rooms and bathrooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner treatment areas or cubicles;
d.
Except for a Patron who is inside a treatment area, no Patrons, Visitors, or Employees shall be permitted in or on the Massage Establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel;
e.
Any locker facilities that are provided for the use of Patrons shall be fully secured for the protection of the Patrons' valuables, and each Patron shall be given control of the key or other means of access;
f.
No Massage Establishment shall at any time have within its premises any sexual paraphernalia, including but not limited to sex toys; condoms, dental dams, internal condoms, and similar products; lubricants or personal care products which are specifically designed for sexual activities; bondage/restraint items; novelty items, such as costumes and games that are sexually based; pornographic materials of any kind; or other adult, sexually oriented objects or materials;
g.
Excepting Home Occupations or "Live/work" or "work/live" units that have received Administrative Adjustment approval pursuant to Section 20-49.090, no Massage Establishment shall allow any person to reside within the Establishment or in attached structures, trailers, recreational or passenger vehicles thereupon which are owned, leased, or controlled by the Massage Establishment.
2.
Reception and Waiting Areas.
a.
One (1) main entry door shall be provided for Patron entry to the Massage Establishment, which shall open directly into the interior Reception and Waiting Area of the Massage Establishment. Except during emergency egress situations, all Patrons, and any persons other than Individuals employed or retained by the Massage Establishment shall be required to enter and exit through the main entry door. The main entry door shall remain unlocked during business hours when the Establishment is open for business or when Patrons are present unless the Massage Establishment is a business entity owned by a sole proprietor and there is no additional staff available to assure security;
b.
No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, parking area or walkway (including interior common areas and hallways) shall, during business hours, block visibility into the interior Reception and Waiting Area through the use of curtains, closed blinds, tints, signage, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises;
c.
For the purpose of this subsection, there is an irrebuttable presumption that visibility is impermissibly blocked if more than 15 percent of the square footage of windows or more than 10 percent of the square footage of clear doors is covered so as to obstruct views of the interior Reception and Waiting Area.
3.
Treatment areas.
a.
Massage tables having a minimum height of eighteen (18) inches shall be used for all non-water-based modalities of Massage Therapy, with the exception of "Thai," "Shiatsu," and similar forms of Massage Therapy, which may be provided on a padded mat on the floor, provided the Patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment;
b.
Beds, floor mattresses, and waterbeds are not permitted on the premises of the Massage Establishment;
c.
During the designated hours of operation, Patrons shall be permitted in treatment areas only if at least one (1) duly authorized Certified Massage Therapist is present on the premises of the Massage Establishment. Patrons shall not be permitted in any Employee break room on the premises;
d.
During the designated hours of operation, Visitors shall not be permitted in treatment areas except as follows:
i.
The parents or guardian of a Patron who is a minor child may be present in the treatment area with that minor child;
ii.
The minor child of a Patron may be present in the treatment area with the Patron when necessary for the supervision of the child; or
iii.
The conservator, aide, or other caretaker of a Patron who is elderly or disabled may be present in the treatment area with that elderly or disabled person.
H.
Prohibited activities.
1.
No alcoholic beverages shall be sold, served, or furnished to any Patron; nor shall any alcoholic beverages be kept or possessed on the premises of a Massage Establishment unless a valid California Department of Alcoholic Beverage Control (ABC) license or exemption, and all required city approvals have first been obtained. No person shall be in possession of or using any drugs except pursuant to a prescription for such drugs. The Business Owner, Manager, or Massage Therapist shall not permit any such person violating these provisions to enter or remain upon such premises;
2.
No Massage Establishment shall operate as a School of Massage or use the same facilities as that of a School of Massage unless an Administrative Adjustment is granted pursuant to section 20-49.090(B) of this Chapter;
3.
No invasive procedures shall be performed on any Patron. Invasive procedures include, but are not limited to:
a.
Application of electricity that contracts the muscle;
b.
Penetration of the skin by metal needles;
c.
Abrasion of the skin below the nonliving, epidermal layers;
d.
Removal of skin by means of any razor-edged instrument or other device or tool;
e.
Use of any needle-like instrument for the purpose of extracting skin blemishes; or
f.
Other similar procedures;
4.
No Massage Establishment shall place, publish, advertise, or distribute any sexually suggestive content relating to Massage services, or cause the same to occur, including but not limited to advertising that depicts any portion of the human body that reasonably suggests to prospective Patrons that any service is available other than those services listed as an available service pursuant to subsection (C) of this section and the provisions of this chapter. All advertising shall list the name and Registration number of the Establishment listed on the Registration Certification application, or, if a sole proprietor or Independent Therapist, the name under which the Therapist is certified as well as the Therapist's certification number;
5.
No Massage service shall be given unless the Patron's genitals are, at all times, fully covered. A Massage Therapist shall not, in the course of administering any Massage, make physical contact with the genitals, or anus, of any other person regardless of whether the contact is over or under the person's clothing. Providing Massage of female breasts without the written consent of the person receiving the Massage and a referral from a licensed California health care provider is prohibited.
(Ord. 2025-004, 3/18/2025)
§ 20-49.060 Inspection by officials.
The investigating and enforcing officials of the city, including, but not limited to, police officers; Reviewing Officers; and the county health department, shall have the right to enter the premises, unannounced, from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health and safety regulations; other applicable regulations, laws, and statutes; and the provisions of this chapter.
(Ord. 2025-004, 3/18/2025)
§ 20-49.070 Notifications.
A.
The Business Owner, Manager, or sole proprietor of a Massage Establishment shall notify the Reviewing Officer, or their designee, of any changes requiring amendment of the Massage Establishment permit as described in Section 20-49.040(C), pursuant to the timelines specified therein;
B.
Additionally, the Business Owner, Manager, or sole proprietor of a Massage Establishment shall report to the Reviewing Officer any of the following within 72 hours of occurrence:
1.
Arrests of any Business Owner, Manager, sole proprietor, Massage Therapist, or Independent Therapist for any offense other than a misdemeanor traffic offense;
2.
Any event involving the Massage Establishment, or any Business Owner, Manager, sole proprietor, Massage Therapist, or Independent Therapist employed therein, that constitutes a violation of this chapter or state or federal law;
C.
This provision requires reporting to the Reviewing Officer even if the Business Owner, Manager, or sole proprietor of a Massage Establishment believes that the Reviewing Officer has or will receive the information from another source.
(Ord. 2025-004, 3/18/2025)
§ 20-49.080 Change of location or name.
No Certified Massage Establishment shall advertise or operate under any name or conduct any Massage Establishment use under any designation or at any location not specified on the approved city Massage Establishment certificate.
(Ord. 2025-004, 3/18/2025)
§ 20-49.090 Exemptions and administrative adjustments.
The provisions of this chapter shall not apply to the following, as provided for below:
A.
Exempted classes of Individuals or businesses while engaged in the performance of their official duties:
1.
Physicians, surgeons, chiropractors, osteopaths, podiatrists, nurses, physical therapists, acupuncturists, or any other person duly licensed to practice any healing art in the state of California pursuant to Business and Professions Code, Division 2 (commencing with Section 500) or the Chiropractic Act, and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering Massage services subject to review or oversight by the licensed person;
2.
Barbers, estheticians and beauticians who are duly licensed under the laws of the state of California pursuant to Business and Professions Code, Division 3, Chapter 10 while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands and/or feet of the Patrons;
3.
Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the state of California, and Employees of those licensed institutions, while acting within the scope of their employment;
4.
Accredited high schools, junior colleges, colleges, or universities whose coaches, trainers and/or students of Massage are acting within the scope of their employment or training;
5.
Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event;
6.
Individuals administering Massages or health treatment involving Massage to persons participating in single-occurrence athletic, recreational, or festival events, such as health fairs, farmer's markets, county fairs, road races, track meets, triathlons, and other similar events; provided, that all of the following conditions are satisfied:
a.
The Massage services are made equally available to all participants in the event;
b.
The event is open to participation by the general public or a significant segment of the public such as Employees of sponsoring or participating corporations;
c.
The Massage services are provided at the site of the event and either during, immediately preceding or immediately following the event; and
d.
The sponsors of the event have been advised of and have approved the provisions of Massage services.
B.
Classes of Massage Businesses which are engaged in Massage services as only a minor or incidental component of a larger use, such as may be found in the operation of Spas; Fitness Centers and Gyms; Hotel/Motel; Salons and Barber Shops; Yoga Studios; Schools of Massage; and substantially similar uses as determined by the Director or designee, may seek an Administrative Adjustment to obtain relief from certain Registration, Certification and Operational Standards contained in this Chapter.
1.
A request for Administrative Adjustment will be made to the Director of Planning and Economic Development or their designee.
2.
Such request will be accompanied by supporting documentation that the Massage component use is minor and incidental to the scope of the overall business.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Massage services as a minor or incidental component of a larger use, thereby providing a Massage Business relief from some or all of the specific Registration, Certification and Operational Requirements provisions contained in Sections 20-49.040(A)(6,7); 20-49.050(B)(5); 20-49.050(C)(1); and 20-49.050(G)(2). If a finding for denial is made by the Director of Planning and Economic Development, or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(B)(3) above.
C.
Massage Businesses or Massage Therapists engaged in Mobile Massage services, whether as a minor or incidental component of a larger use or as a sole proprietor operating as a (exempt) Home Occupation pursuant to Section 20-42.070(C)(1) and (2), may seek an Administrative Adjustment to deviate from certain Registration, Certification, Operational and Inspection Standards contained in this Chapter.
1.
An Administrative Adjustment request for Mobile Massage will be made to the Director of Planning and Economic Development or their designee.
2.
Such request will be accompanied by supporting documentation that the Mobile Massage use will be compliant with all relevant sections of this Chapter not otherwise specifically excluded in Section 20-49.090(C)(3) below.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Mobile Massage services, thereby providing a Massage Business relief from some or all of the specific Registration, Certification, Operational and Inspection Requirements provisions contained in Sections 20-49.040(A)(3,4,5); 20-49.050(A)(1,2,4,7);20- 49.050(B)(5); 20-49.050(C)(1); 20-49.050(G); and 20-49.060. If a finding for denial is made by the Director of Planning and Economic Development or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
Notwithstanding the relief provided from Section 20-49.040(A)(3), a Mobile Massage use will apply for and maintain a City business tax certificate.
5.
Notwithstanding the relief provided from Section 20-49.050(C)(1), a Mobile Massage use will maintain a comprehensive list of all services available and the cost of such services, described in readily understandable language. No services other than those specifically listed shall be performed, and no fee shall be charged for any service other than those listed.
6.
A Mobile Massage use will demonstrate how, to the greatest extent practicable, they will comply with the hygiene provisions of Section 20-49.050(F).
7.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(C)(3) above.
D.
Massage Businesses or Massage Therapists wishing to operate as a (non-exempt) Home Occupation pursuant to Section 20-42.070(C)(3) may seek an Administrative Adjustment to deviate from certain Operational Standards contained in this Chapter.
1.
Minor Conditional Use Permit approval shall be obtained prior to consideration of an Administrative Adjustment. If approved, the use will be subject to additional standards, including but not limited to those contained in Section 20-42.070(D).
2.
An Administrative Adjustment request to operate a Massage Business as a Home Occupation will be made to the Director of Planning and Economic Development or their designee. Such request will be accompanied by supporting documentation that the use will be compliant with all relevant sections of this Chapter not otherwise specifically excluded in section 20- 49.090(D)(3) below.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Massage services as a Home Occupation, thereby providing a Massage Business relief from some or all of the specific Operational Requirements provisions contained in Sections 20-49.050(A)(1); 20-49.050(B)(5); and 20-49.050(G)(2). If a finding for denial is made by the Director of Planning and Economic Development or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(D)(3) above.
E.
Massage Businesses or Massage Therapists wishing to operate from a "live/work" or "work/live" unit pursuant to Section 20-42.080 may seek an Administrative Adjustment to deviate from certain Operational Standards contained in this Chapter.
1.
A Zoning Clearance, or Minor Use Permit as may be required pursuant to Sections 20-22.030, 20-23.030, 20-24.030, 20-28.090(D)(2)(b) and 20-42.080 shall be obtained prior to consideration of an Administrative Adjustment. If approved, the use will be subject to additional standards, including but not limited to those contained in Section 20-42.080.
2.
An Administrative Adjustment request to operate a Massage Business from a "live/work" or "work/live" unit will be made to the Director of Planning and Economic Development or their designee. Such request will be accompanied by supporting documentation that the use will be compliant with all relevant sections of this Chapter not otherwise specifically excluded in section 20-49.090(E)(3) below.
3.
If a finding for approval is made by the Director of Planning and Economic Development or their designee, an Administrative Adjustment may be granted to allow Massage services from a "live/work" or "work/live" unit, thereby providing a Massage Business relief from some or all of the specific Operational Requirements provisions contained in Sections 20-49.050(B)(5) and 20-49.050(G)(2)(a). If a finding for denial is made by the Director of Planning and Economic Development or their designee, the Massage Business will be subject to the full requirements of this Chapter.
4.
A request for Administrative Adjustment does not relieve the Massage Business from any of the requirements of this chapter other than those provisions specifically referenced in section 20-49.090(E)(3) above.
(Ord. 2025-004, 3/18/2025)
§ 20-49.100 Violations and penalties.
A.
Unless otherwise exempted by the provisions of this chapter, every Employee, Business Owner, Property Owner, Manager, Massage Therapist, Independent Therapist or other person who gives Massages or conducts a Massage Establishment in violation of this chapter; Certifying Body regulations; the most current version of the Massage Therapy Act; or any other applicable federal, state, county, or local law, shall be charged with a misdemeanor. The city attorney or their designee may reduce the penalty to an infraction;
B.
Any Massage Establishment operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the city attorney or district attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in the Superior Court of Sonoma County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including, but not limited to, fines, attorneys' fees and costs;
C.
Mobile Massage and Home-Based services are specifically prohibited unless an Administrative Adjustment has been previously approved pursuant to Section 20-49.090 of this Chapter. Any Individual conducting Mobile Massage or Home-Based services without first receiving Administrative Adjustment approval shall be charged with a misdemeanor.
D.
All remedies provided for in this chapter are cumulative and may be pursued individually or in combination with other enforcement tools.
(Ord. 2025-004, 3/18/2025)
§ 20-49.110 Administrative citations, fines, and remedies.
A.
It shall be unlawful and a public nuisance for any Employee, Business Owner, Property Owner, Manager, Massage Therapist, Independent Therapist, or other person to violate any provision of, or to fail to comply with, any requirement of this chapter, or of any other applicable local, County, State, or Federal law. Violations of this chapter may be enforced through any combination of remedies, including, but not limited to those outlined in Chapters 1-28 and 1-30 of this Code. Enforcement as described herein may be in addition to, and cumulative of, all other remedies, criminal or civil, which may be pursued by the City of Santa Rosa to address any violation of its ordinances, up to and including revocation of the Massage Establishment certificate;
B.
Violations. Upon a finding by the Reviewing Officer that an Establishment has violated any provision of this chapter, the officer may issue an administrative citation and assess administrative fines pursuant to, but in no case exceeding, the maximum fine amounts established pursuant to California Government Code Section 36900 et seq, or subsequent amendments thereof;
C.
Separate violations. Each individual violation of any provision of this chapter may constitute a separate violation. Each Patron to whom Massage is provided or offered in violation of this chapter shall constitute a separate violation. Each day upon which a Massage Establishment remains open for business in violation of this chapter may also constitute a separate violation;
D.
Outstanding fines or fees. All outstanding fines or fees resulting from administrative citations or supplemental inspections conducted pursuant to sections 20-49.040(E) and 20-49.060 of this chapter shall be remitted prior to the issuance or renewal of any Registration;
E.
Order to cease and desist. Upon a finding of gross violation occurring upon or within an Establishment pursuant to section 20-49.120(A)(2), the Reviewing Officer shall issue an order to the Establishment to cease and desist from all operation pending review, appeal, and/or revocation. A failure of any Business Owner, Manager, or sole proprietor to comply with this order shall be deemed a misdemeanor.
(Ord. 2025-004, 3/18/2025)
§ 20-49.120 Denial and revocation of registration certificates.
A.
Findings. City Massage Establishment Certificates may be revoked upon a finding that procedural or gross violations have occurred upon or relative to the premises of a Massage Establishment, or have been committed by any Employee, Business Owner, Manager, Massage Therapist, Independent Therapist, Non-Therapist Employee, or other person in the following manners:
1.
Procedural violations. Within any consecutive two (2) year period, there have been three (3) or more instances of any combination of the following procedural violations being found to occur:
a.
An actively performing Massage Therapist not in possession of, or no longer in possession of, a current and valid Massage Therapist Certificate issued by an accepted Certifying Body;
b.
An active Massage Establishment not in possession of, or no longer in possession of, a current and valid Massage Establishment Certificate issued by the city;
c.
A Massage Establishment not in possession of, or no longer in possession of, as applicable, any required city Business tax certificate, Business improvement area tax certificate, zoning clearance, construction permit for prior or current tenant improvements, or other required city approvals;
d.
The city determines that a factual misrepresentation was included on the application for a registration or renewal of a Massage Establishment Certificate;
e.
Violation of any operational requirement pursuant to section 20- 49.050, excepting subsections (E)(1)&(2); (G)(1)(f); and (H)(1),(4)&(5);
g.
Violation of any federal, state, or local law, including any provision of this chapter that is not otherwise referenced in this section.
2.
Gross violations. Within any period of time, there is a single (1) instance of any of the following gross violations occurring:
a.
A violation by any Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, Non-Therapist Employee or other person within a Massage Establishment of California Business and Professions Code Section 4609;
b.
Any violation by any Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, Non-Therapist Employee, or other person within a Massage Establishment of section 20-49.050(E)(1)&(2); (G)(1)(f); or (H)(1),(4)&(5);
c.
An Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, Non-Therapist Employee, or other person being required to register under the provisions of California Penal Code Section 290 (sex offender registration);
d.
A Business Owner, Manager, or sole proprietor convicted of California Penal Code Sections 236.1(a) (Human Trafficking - Labor Trafficking); 236.1(b) (Human Trafficking - Sex Trafficking); 236.1(c) (Human Trafficking of a minor); 266h (pimping); 266i (pandering); 315 (keeping or residing in a house of ill-fame); 316 (keeping disorderly house); 318 (prevailing upon person to visit a place for prostitution); 647(b) (engaging in or soliciting prostitution); or 653.23 (supervision of prostitute);
e.
A Business Owner, Manager, or sole proprietor having a Massage- related Business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state in response to a finding of any violation by such jurisdiction that is equivalent in severity to subsection (d) above;
f.
A Business Owner, Manager, or sole proprietor subject to an injunction for nuisance pursuant to California Penal Code Sections 11225 through 11235 (red light abatement); California Health and Safety Code Section 11570 et seq. (Drug Abatement Act); or California Civ. Code 3480 (Public Nuisance);
g.
An Employee, Business Owner, Manager, sole proprietor, Massage Therapist, Independent Therapist, Non-Therapist Employee or other person being convicted of a felony offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or any crime involving dishonesty, fraud, deceit, violence, or moral turpitude;
h.
A Business Owner, Manager, or sole proprietor being convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subdivision; or
i.
Any current disciplinary action by an accepted Certifying Body (not including nonpayment or insufficient education).
3.
Gross violations - multiple Establishments owned by same Business Owner. Upon any finding of gross violation at one of multiple Massage Establishments owned by the same Business Owner, comprehensive inspections of all of the additional Massage Establishments shall immediately be performed, with multiple inspections conducted when deemed necessary, pursuant to Section 20-49.060.
B.
Procedures. When notices of violation or administrative citations are issued upon findings that procedural or gross violations have occurred as provided by this section, and revocation of a Massage Establishment Certification and/or an Administrative Adjustment is indicated, the revocation procedure will be initiated in the manner prescribed by Section 20-54.100.
E.
Reapplication. A Massage Establishment which has been subject to revocation proceedings may reapply for a Massage Establishment Registration Certificate as follows:
1.
Where revocation was the result of Procedural violations, reapplication by the Establishment will be considered two (2) years after the original certificate was revoked;
2.
Where revocation was the result of gross violations, reapplication by the Establishment will not be considered at any time, and an application for a different or new Establishment shall not be considered upon the same property for two (2) years.
(Ord. 2025-004, 3/18/2025)