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Sebastopol City Zoning Code

17.260 Home-Based

Businesses

17.260.010 Purpose – Applicability.

The purpose of these regulations is to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities. These regulations shall apply to all home-based businesses. (Ord. 1111, 2018)

17.260.020 Home occupations.

All home occupations shall satisfy the following criteria:

A. The occupation shall be operated only by a person or persons residing in the dwelling unit as clearly secondary and incidental use of such dwelling for residential purposes, which use must not change the residential character thereof. One person other than a resident of the dwelling may be employed in the conduct of a home occupation at the residence.

B. There shall be no use of any yard space or public right-of-way, or any activity outside the buildings not normally associated with residential use; there shall be no storage of equipment or supplies outside of the buildings.

C. The home occupation shall not generate vehicular traffic measurably in excess of that normally associated with single-family residential use.

D. There shall be no external alteration for home occupation purposes of the dwelling in which a home occupation is conducted. The existence of a home occupation shall not be apparent beyond the boundaries of the site, except that a nameplate, in accordance with subsection M of this section, may be installed, and otherwise, no on-site advertising shall be used which informs the public of the address of the home occupation.

E. That there shall be no noisy or otherwise objectionable machinery or equipment used in the conduct of the home occupation.

F. No noise, odor, dust, vibration, fumes, smoke, glare, electrical, or other interference with the residential use of adjacent properties shall be created.

G. The occupation may be conducted within an accessory building, but may not reduce the amount of any off-street parking space(s).

H. No more than two single clients or one client group shall be allowed on the premises at the same time whether being served or waiting for service. For purposes of this section, “client group” shall include a family, couple, or comparable group, as determined by the Planning Director.

I. No more than one business-related vehicle, including one truck of maximum one-ton capacity, and no semi-trailers or any other heavy equipment incidental to a home occupation shall be kept on the site, or on the street.

J. Except for cottage food uses complying with relevant provisions of the Government Code and any other requirements of the City of Sebastopol, no retail sales shall be allowed on the premises, except by telephone or computer.

K. No animal-related services, including grooming or personal care, requiring animals to be present on the residential property shall be allowed on the premises.

L. No vehicle repair business shall be allowed on the premises.

M. Not more than one nonilluminated nameplate sign, not comprising more than two square feet in area, shall be permitted for the home occupation.

N. A business license shall be required. (Ord. 1111, 2018)

17.260.030 Cottage food operations.

Cottage food operations are permitted in dwelling units pursuant to Health and Safety Code Section 113758 subject to the following rules and standards:

A. The applicant for the cottage food operation permit shall be the individual who conducts the cottage food operation from his or her dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site.

B. No more than one cottage food employee, as defined by Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.

C. The cottage food operation shall be registered or permitted by the County Health Officer in accordance with Health and Safety Code Section 114365. Cottage food operations shall comply with all requirements of State law.

D. The use shall be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than 25 percent of the dwelling, or 50 percent of an accessory building, may be used for the cottage food operations.

E. There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation, with the exception of one sign not to exceed two square feet.

F. Except for home gardening use and vehicle parking, no outdoor portions of the premises shall be utilized for cottage food operation including outdoor sales and visitation.

G. No greater than one visitor’s vehicle and one nonresident employee’s vehicle shall be parked on site at any time. All on-site vehicle parking shall be conducted in a manner consistent with the County Code.

H. Direct sales of products from the site of the cottage food operation shall be conducted by prior appointment only, and shall not exceed more than 10 visitors in any single day. No customers of the cottage food operation shall be permitted to dine at the premises.

I. Direct sales and cottage food operation related deliveries shall not occur between the hours of 8:00 p.m. and 7:00 a.m.

J. Gross annual sales shall comply with Health and Safety Code Section 113758. (Ord. 1111, 2018)

17.260.040 Large family day care and large community care homes.

A. Purpose. The purpose of these standards is to comply with State law while ensuring that large family day care and large community care homes do not adversely impact the adjacent neighborhood. While large family day care homes are needed by residents in the City, particularly in proximity to their homes in residential neighborhoods, and large community care homes are also needed, the potential traffic, noise and safety impacts of this use should be regulated in the interest of nearby residents and the children in the day care facility. It is also the intent of this section to allow family day care homes in residential surroundings to give children a home environment that is conducive to healthy and safe development.

B. Standards. Large family day care and large community care homes shall conform to the following standards:

1. Conditions may be placed on conditional use permits to reduce noise impact including, but not limited to, the provision of solid fencing or other sound attenuating devices, restrictions on outside play hours, location of play areas, and placement of outdoor play equipment.

2. All homes shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on-street if contiguous to property. These may include spaces already provided to fulfill residential parking requirements.

3. A traffic circulation plan designed to diminish traffic safety issues shall be submitted for the review of the Planning Commission. Residences located on arterial streets (as shown on the General Plan circulation map) must 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.

4. To address potential adverse neighborhood impacts related to noise and traffic issues, no large family day care or large community care residential home shall be permitted within 150 feet of any existing large family day care or large community care home.

D. Notice Requirements. Not less than 10 days prior to the date of the Planning Commission public hearing on the application, the City shall give notice of the proposed use by mail to the applicant and all owners shown on the last equalized assessment roll as owning real property within a 150-foot radius of the exterior boundaries of the proposed large family day care home.

E. Findings. Findings shall be consistent with the requirements of Chapter 17.415 SMC. In addition, no conditional use permit for a large family day care home or large community care home shall be granted unless the following findings are made:

1. That the use meets all required conditions identified in this section.

2. That the use shall comply with all applicable building codes, fire codes adopted by the State and administered by the City Fire Department, and any State licensing requirements. (Ord. 1111, 2018)

17.260.050 Bed and breakfast inns criteria.

A. Any proposed bed and breakfast inn shall be compatible with the neighborhood in terms of landscaping, scale, and architectural character. The operation of the use, and any physical improvements related to it, shall be harmonious and compatible with the existing uses within the neighborhood.

B. Excessive amounts of paving shall not be allowed. Tire strips and permeable travel surfaces shall be encouraged. Areas devoted to parking and paving shall not be disproportionate to the site size.

C. Each project shall be subject to inspection and approval by the City for compliance with all applicable codes. An inspection fee may be set by resolution of the City Council.

D. Each bed and breakfast inn which provides food service to its guests shall comply with the provisions of the Sonoma County Health Department as well as all State laws regulating food handling establishments.

E. All California Building Standards Code requirements for the level of occupancy shall be satisfied.

F. All environmental health regulations shall be satisfied, including water supply and septic system capability, if applicable.

G. The bed and breakfast inn shall be registered with the City, and will be subject to the transient occupancy tax.

H. The operator or manager shall reside on the premises.

I. Guest stays shall be limited to 30 days, with a seven-day period between stays.

J. Meals may be served; however, except where the City has approved a restaurant in conjunction with the use, only guests may be served. No cooking shall be allowed in guest rooms. No alcoholic beverages may be sold to guests except where the City has approved a restaurant in conjunction with the use.

K. One non-internally-illuminated sign may be displayed; its size, color, text and location shall be covered by the conditional use permit. The word “hotel” or “motel” shall not be allowed. (Ord. 1111, 2018)

17.260.060 Vacation rentals.

A. Criteria.

1. Site Design and Parking.

a. The site design, architecture, and any improvements shall be compatible with the neighborhood in terms of landscaping, scale, and architectural character. The operation of the use, and any physical improvements related to it, shall be harmonious and compatible with the existing uses within the neighborhood.

b. Parking.

i. Hosted Rental. One parking space shall be provided on site for a hosted vacation rental in addition to the on-site parking required under Chapter 17.110 SMC.

ii. Nonhosted Rental. One on-site parking space shall be provided for each sleeping room or guest bedroom in the vacation rental. If a garage is used to meet the parking requirement for the sleeping rooms or guest bedrooms, the garage shall be accessible to guests of the vacation rental.

c. Excessive amounts of paving shall not be allowed. Tire strips and permeable travel surfaces shall be encouraged. Areas devoted to parking and paving shall not be disproportionate to the site size.

d. Pools, hot tubs, and outside gathering areas shall be adequately screened from adjacent properties to minimize noise and lighting impacts and shall have the hours of operation clearly posted adjacent to the facility.

2. Noise Limits.

a. Outdoor amplified sound is prohibited.

b. All activities associated with the vacation rental use shall meet the noise standards identified at Chapter 8.25 SMC. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. The property owner shall ensure that the quiet hours are included in rental agreements and in all online advertisements and listings.

c. Nuisance noise by unattended pets is prohibited.

3. The maximum overnight occupancy for vacation rentals shall be up to two persons per sleeping room or guest bedroom, plus two additional persons per property, up to a maximum total of 10 persons per vacation rental.

4. Guest stays shall be limited to a maximum of 30 days, with a seven-day period between stays.

5. Owner and Authorized Agent Availability and Responsiveness.

a. The owner (for a hosted vacation rental) or the authorized agent (for a nonhosted vacation rental) shall be available by telephone at all times when the vacation rental is rented, 24 hours per day.

b. The owner (for a hosted vacation rental) or the authorized agent (for a nonhosted vacation rental) must be on the premises of the vacation rental unit within one hour of being notified by a renter, by the Planning Director, or law enforcement officer that there is a need for the owner or the authorized agent (to address an issue of permit compliance or the health, safety, or welfare of the public or the renter).

6. A business license is required.

7. The vacation rental shall be subject to the transient occupancy tax (Chapter 3.12 SMC).

8. Vacation rentals shall be in permitted dwellings and shall not be permitted in nonhabitable structures or in tents, recreational vehicles, or other features or provisions intended for temporary occupancy.

9. For each hosted vacation rental:

a. The owner must reside at the vacation rental, and the owner must sleep at the vacation rental unit while it is being rented.

b. The owner must reside in a bedroom that is not rented to any renter.

c. No more than two bedrooms may be rented for transient occupancy uses.

10. Posting and Neighbor Notification of Permit and Standards. Once a vacation rental permit has been approved, a copy of the permit listing all applicable standards and limits and identifying contact information for the owner or authorized agent, including a phone number at which the owner or authorized agent can be reached 24 hours per day, shall be posted within the vacation rental property. These standards shall be posted in a prominent place within six feet of the front door of the vacation rental, and shall be included as part of all rental agreements. At the permit holder’s expense, the City shall provide mailed notice of permit issuance to property owners and immediate neighbors of the vacation rental unit using a 300-foot property radius owner mailing list.

11. Requirements for All Advertisements and Listings. All advertisements and/or listings for the vacation rental shall include the following:

a. Maximum occupancy;

b. Maximum number of vehicles;

c. Notification that quiet hours must be observed between 10:00 p.m. and 7:00 a.m.;

d. Notification that no outdoor amplified sound is allowed; and

e. The transient occupancy tax certificate number for that particular property.

B. Permit Requirements.

1. A vacation rental must receive either an administrative permit or conditional use permit, as shown in Table 17.260-1 below.

Table 17.260-1. Vacation Rental Permit Requirements

Unit Type

Number of Guest Occupancy Days per Year

30 days or less per year

31 days or more per year

Hosted vacation rental

Administrative permit

Administrative permit

Nonhosted vacation rental

Administrative permit

Conditional use permit

Accessory dwelling unit (hosted or nonhosted)

Conditional use permit

Conditional use permit

Accessory dwelling unit (hosted or nonhosted) that is 840 sq. ft. or less and built prior to July 1, 2017

Administrative permit

Administrative permit

2. Each conditional use permit issued pursuant to this section shall be subject to an annual permit review and extension. No later than one year after the effective date of the permit, the owner or authorized agent shall submit to the Planning Director the annual review fee, established by City Council resolution, along with the permit review form established by the Planning Director. The owner shall document compliance with all requirements of this section and shall also document each date on which the vacation rental was rented during the previous term of the permit.

C. Complaint and Enforcement Process.

1. Initial complaints on vacation rentals shall be directed to the owner or authorized agent identified in the administrative permit or conditional use permit, as applicable. The owner or authorized agent shall be available by phone 24 hours during all times when the property is rented. Should a problem arise and be reported to the owner or authorized agent, the owner or authorized agent shall be responsible for contacting the tenant to correct the problem within 60 minutes, including visiting the site if necessary to ensure that the issue has been corrected.

The owner or authorized agent shall document the complaint, and their resolution or attempted resolution(s), to the Planning Director within 72 hours of the occurrence.

Failure to respond to complaints or report them to the Planning Director shall be considered a violation of this section, and shall be cause for revocation of the vacation rental permit.

If the issue reoccurs, the complaint will be addressed by the Planning Director or code enforcement officer who may conduct an investigation to determine whether there was a violation of a zoning standard or conditional use permit condition. Police reports, online searches, citations, or neighbor documentation consisting of photos, sound recordings and video may constitute proof of a violation. If the Planning Director verifies that a zoning or conditional use permit condition violation has occurred, a notice of violation may be issued and a penalty may be imposed in accordance with Chapter 1.04 SMC. At the discretion of the Planning Director, the administrative permit or conditional use permit may be scheduled for a revocation hearing with the Planning Commission. If the permit is revoked, an administrative permit or conditional use permit for a vacation rental on that particular property may not be reapplied for or issued for a period of at least one year.

2. A vacation rental that is determined to be operating without the necessary permit required under this section shall be subject to a penalty of three times the normal application fee.

3. Upon receipt of any combination of three administrative citations or Planning Director determinations of violation of any of the permit requirements or performance standards issued to the owner or occupants at the property within a two-year period, the vacation rental administrative permit or conditional use permit is summarily revoked, subject to prior notice and to appeal, if appeal is requested pursuant to the appeals section of the Zoning Ordinance. Should such a revocation occur, an application to reestablish a vacation rental at the subject property shall not be accepted for a minimum period of two years.

D. Findings. The decision-making body may approve a permit for a vacation rental, with or without conditions, if all of the following findings are made:

1. The proposed vacation rental is consistent with the standards established by this section and will not detrimentally affect the health, safety, or welfare of the surrounding neighborhood or area.

2. Approval of the vacation rental will not result in an over concentration of such uses in a neighborhood.

3. There is adequate parking for all guests and operators to park on the subject property in accordance with Chapter 17.110 SMC.

4. Approval of the vacation rental will result in the preservation of the residential design and scale of the structures on the property and will maintain the residential character of the neighborhood.

5. The architectural or historic character of the structure proposed to house the vacation rental is appropriate for the use.

6. For accessory dwelling units, the approval of the permit would not result in a reduction to the City’s affordable housing stock. (Ord. 1111, 2018)