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Sonoma City Zoning Code

Division IV

General Site Planning and Development Standards

19.40 General Property Development and Use Standards

This division provides standards and guidelines for site planning, development, and the operation of specific land uses and components of development, that are intended to minimize the adverse effects and operating characteristics of land uses. These standards are, therefore, more related to specific types of land use and components of development (for example, parking and loading facilities, landscaping, etc.) than the zoning district or area of the community in which a proposed site may be located.

19.41 Two-Unit Residential Development Projects

A. The intent of this chapter is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 development projects on residentially zoned properties within the city of Sonoma. The regulations are established to implement the requirements under California Government Code Section 65852.21. In the event of an inconsistency between this chapter and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail.

B. Two-unit residential developments in single-family zones shall be located, developed, and used in compliance with this chapter. Two-unit residential developments are a permitted residential use only on parcels zoned R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, or R-HS (Residential – Hillside) district.

19.43 Multifamily Objective Design Standards

The intent of this chapter is to provide objective design standards for multifamily residential projects. Multifamily residential projects that are not consistent with one or more of the following standards shall be subject to design review in accordance with SMC 19.54.080.

19.44 Affordable Housing and Density Bonuses

This chapter delineates city requirements pertaining to inclusionary affordable units. In addition, as required by state law (Government Code Section 65915), this chapter offers incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in SMC 19.44.040, Eligibility for bonus and incentives. The incentives include the ability to construct more residential dwelling units than normally allowed by the applicable General Plan designation and zoning district, and other incentives and concessions provided by this chapter. In offering these incentives and concessions, this chapter is intended to implement the requirements of state law (Government Code Sections 65302, 65913, and 65915 et seq.).

19.45 Accessory Dwelling Units

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22 and to encourage the development of affordable housing.

19.46 Fences, Hedges and Walls

This chapter establishes requirements for fences, hedges, and walls to ensure that these features do not block views and sunlight, provide adequate buffering between different land uses, provide screening of outdoor uses and equipment, and are designed and appropriately maintained to provide aesthetic enhancement of the city.

19.48 Parking and Loading Standards

This chapter provides off-street parking and loading standards to:

A. Provide for the general welfare and convenience of persons within the city by ensuring adequate off-street parking and loading facilities to meet the needs generated by specific uses;

19.50 Special Use Standards

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

B. Applicability.

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

19.51 Public Art Program

The purpose of the public art ordinance is to authorize, fund, and establish procedures for artworks in the public realm within the city of Sonoma. It seeks to guarantee the development of public artwork as a whole in the city, ensuring a closer relationship between the landscape, buildings, community, and art. The chapter establishes a process for the community to work with artists, city officials, and other stakeholders to make Sonoma an even more interesting, memorable, and beautiful place to live, work, visit, and engage with art.

The public art program seeks to:

19.40.010 Purpose and applicability.

A. Purpose. The provisions of this chapter are intended to ensure that new or modified uses and development produce an environment of stable and desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.

B. Applicability.

1. All Zoning Districts. The standards of this chapter apply to all zoning districts (e.g., residential, commercial, mixed use, etc.), and therefore, are combined in this chapter.

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

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

4. Compliance. All new or modified structures and uses shall comply with the standards of this chapter as determined applicable by the city planner, except as specified in Chapter 19.82 SMC, Nonconforming Structures, Uses and Parcels. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.40.020 Creekside development.

A. Purpose. Creek corridor habitats support plants and animals; recharge aquifers; and filter pollutants. Creek corridors are valuable as open space areas, and are of recreational and scenic interest. For these reasons, and in compliance with state and national regulations governing residential and urban impacts on our streams (primary, secondary, tertiary, and any sites with hydrological nexus with waters of the U.S.), wetland, and waters of the United States, it is the intent of the city to provide adequate buffer areas between creek corridors and adjacent development in compliance with state and federal regulations in order to protect this valuable community resource as a natural, scenic, and recreational amenity.

B. Applicability. The provisions of this section apply to any property adjoining or including any creeks including: Sonoma Creek, Nathanson Creek, and Fryer Creek.

C. Streambed Analysis. At the time of permit application, applicants with parcels adjoining any of the above specified creeks shall provide a site-specific streambed analysis prepared by a hydrologist, civil engineer, or other qualified professional to determine the precise boundary/top of bank of the creek. The streambed analysis shall normally include:

1. Detailed mapping of at least 1:100 scale showing topography, drainage features, and the creek feature(s);

2. Identification of drainage features present on site, including the direction and flow of overland flows (i.e., stormwater), material run-off from the site, immediately adjacent to the site, or otherwise relevant to the scope of the permit application;

3. The need for mitigation measures (e.g., rip-rap, energy dissipation structures or flow stabilizing devices) to keep flow velocities at predevelopment levels;

4. Other information that the city planner or reviewing staff determines is necessary to properly analyze and mitigate potential impacts of the proposed development on the creek; and

5. Presence and species of all trees along the creek corridor within the parcel, and their diameter at breast height (DBH) and including trees outside of creek setback when the canopy cover over contributes to creek habitats, as well as shrubs and herbaceous species of concern.

D. Creekside Development Standards. The following standards shall be implemented by the applicable review authority in the review of any planning permit or building permit involving development or other activity within the creek setback, as set forth below:

1. A minimum 30-foot-wide setback from the top of bank shall be required for all creeks (primary, secondary, tertiary) and wetland features, except along Sonoma Creek, where a 50-foot setback shall be required. Additional setback area may be necessary to protect sensitive environmental resources (e.g., vernal pools, seasonal and ephemeral wetlands, springs, presence of listed species, use of habitat by listed species, or due to impact or drainage impacting neighboring properties). Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space.

2. No structure, fence, parking access, parking space(s), paved areas, or swimming pool shall be constructed within a creek or creekside setback area, alteration or clearing of creekside vegetation unless a variance is obtained in compliance with SMC 19.54.060, Variances.

3. No grading or filling, planting of exotic/nonnative or nonriparian plant species, or removal of native vegetation shall occur within a creek or creekside, wetland, or other setback area.

4. Where drainage improvements are required within the setback area and permitted or approved by the regulating state or federal agency, they shall be placed in the least visible locations and naturalized through the use of river rock, earthtone concrete, and landscaping with native plant materials.

5. Within creek setback areas, only permeable surfaces (e.g., wood decks, sand-joined bricks, and stone walkways) shall be utilized to minimize off-site flows and to facilitate the absorption of water into the ground.

6. Dedications, where consistent with the circulation element of the city’s General Plan and the Bicycle Plan, shall be required by the planning commission for all land use activities requiring a discretionary permit (e.g., use permits, planned development permits, etc.).

7. Public access and visibility to creeks, and the separation of residences and other uses from creeks shall be provided through the use of single-loaded frontage roads in combination with multi-use trails.

8. Development shall be oriented to creeks for access and visibility. Developments that backup to creeks are prohibited unless the creek features are a discrete portion of the stormwater system infrastructure (i.e., an open ditch with natural features and habitat benefits of a natural stream).

9. The provision of multi-purpose creekside trails and public open space is required outside of the riparian habitat area. Open space areas shall include planting for riparian enhancement with native shrubs and trees, paths and trails, lighting, benches, play and exercise equipment, and trash receptacles.

10. Creekside trails shall link to other trail and open space systems that are existing or planned in the surrounding area as shown in the circulation element of the General Plan.

11. Fences. Fencing shall not be located in the creek corridor. Fencing shall be parallel to the creek corridor, shall not bisect a creek and shall be located outside required setbacks. Fencing footings and fence structures may not encroach into creek setbacks.

12. All required regulatory agency permits (Army Corps of Engineers, California Department of Fish and Wildlife, and Regional Water Quality Control Board) shall be obtained and required as a condition of approval as applicable.

13. Land use changes within the setback area that cause an increase in impervious surfaces or sedimentation may result in channel erosion, scour, or undercutting of the creek bank or bed. This may require measures to stabilize the creek’s bank.

a. Creek rehabilitation is the preferred method of stabilization. The objective is to maintain the natural character of the creek and riparian area. The process may include enlarging the channel at points of obstruction, clearing obstructions at points of constriction, limitation of use in areas of excessive erosion, and restoration of riparian vegetation. Low impact practices including stabilization with jute netting and willow staking, and planting of native species endemic to our creeks are encouraged.

b. Concrete channels, retention walls of any kind, and other mechanical measures of stabilization shall not be used unless no other alternative exists as determined by the regulating agencies, and is permitted by state and federal regulators, as relevant to the natural resource impacted/to be impacted.

c. If a creek bank stabilization other than rehabilitation or vegetative method is required, hand-placed stone or rock rip-rap with native plantings are the preferred methods.

E. Modifications to Creekside Development Standards. The planning commission may modify the creekside development standards outlined in subsection (D) of this section in compliance with SMC 19.54.060, Variances.

F. Findings and Decision. In addition to those findings identified in SMC 19.54.060(E), the following findings must be made to approve a variance for the modification of creekside development standards:

1. The creek bank in the vicinity of the modification has been demonstrated as being historically stable; and

2. Riparian resources will not be diminished by the modification; and

3. The regulating agency approves or waives the variance through an approved and legal permit process. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.40.030 Exterior lighting.

The following standards shall apply to both discretionary and ministerial projects:

A. Exterior Fixtures. Lighting fixtures shall be energy efficient. Pole-mounted fixtures shall be low in height (up to 15 feet) and shall be equipped with light shields to eliminate light spillage beyond the project’s boundaries.

B. Intensity. The electrical or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this section.

Parking lot: The level of parking lot light projected onto any ground or wall surface shall not be less than two footcandles nor more than five footcandles at the base of the light fixture.

Pedestrian courts, plazas, and walkways: Pedestrian courts, plazas, and walkways shall have a maximum light level at the ground surface of one footcandle.

Building-mounted lights: Building-mounted lights shall not exceed five footcandles measured five feet from the light source.

Light schedules, programs and timers: Lights shall have timers that reduce or turn off the light fixture or fixtures when businesses are closed, residents are not commonly active, and when nocturnal animals and insects are commonly active, between the hours of 10:00 p.m. to 6:00 a.m. every day.

C. Security Lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance.

D. Shielding. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting, or public street lighting.

E. Height. Light standards shall not exceed 15 feet in height.

F. Recreational Court Lighting. The following standards shall apply to the lighting of outdoor recreational courts:

1. Type. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material;

2. Location. Light fixtures shall not be located closer than 10 feet to the nearest property line;

3. Height. The maximum height of the light fixtures shall be 15 feet measured from the court surface;

4. Number. Not more than one light fixture for each 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures for each recreational court;

5. Supports. Light fixtures shall be supported by an arm extending at least four feet from a support pole;

6. Design. Light fixtures shall be designed, constructed, mounted, and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property lines of the subject parcel. The incident light level at a property line shall not exceed one footcandle measured from finished grade to a height of 12 feet. The incident light level upon any habitable structure on an adjoining property shall not exceed 0.05 footcandle;

7. Hours of Operation. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays;

8. Coating of Surface. In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark-colored coating; and

9. Waiver of Provisions. Provisions of this subsection may be waived or modified by the planning commission through the approval of an exception in compliance with SMC 19.54.050. (Ord. 15-2022 § 1(A), 2022; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.40.040 Structure height measurement and height limit exceptions.

All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 19.46 SMC, Fences, Hedges and Walls:

A. Maximum Height. The height of structures shall not exceed the standards established by Division III of this title, Project Design. The maximum height shall be measured as the vertical distance from the finished grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 4-1. Structures in hillside areas shall comply with the height regulations identified in SMC 19.40.050, Hillside development.

B. Exceptions to Height Limits. Exceptions to the height limits for structures shall apply in the following manner:

1. Third-Floor Residential Units. Within the commercial, gateway commercial, and mixed use zoning districts, a maximum height of 36 feet may be allowed in order to accommodate a third floor of multifamily residential development. The allowance of this additional height shall be subject to an exception, in compliance with SMC 19.54.050.

2. Elevator Penthouses and Other Roof-Mounted Structures. Roof-mounted structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to a maximum of five feet above the allowed structure height. The total square footage of all structures above the allowed height shall not exceed 25 percent of the total roof area of the main structure.

3. Chimneys, Spires, Antennas, Etc. Chimneys, flag poles, antennas and similar structures shall be allowed, up to a maximum of eight feet above the allowed structure height.

4. Additional Height. Additional height or roof area may be allowed subject to the approval of an exception in compliance with SMC 19.54.050. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.40.050 Hillside development.

A. Purpose. This section establishes standards to preserve and protect views to and from the hillside areas within the city, to preserve significant topographical features and habitats, and to maintain the identity, character, and environmental quality of the city.

B. Applicability.

1. Hillside Areas and Hillside Zoning District. The standards and guidelines contained in this section apply to all uses and structures within areas that have a slope of 10 percent or greater, or areas with slopes that exceed 15 percent over 25 percent or more of the site and to all development within the hillside zoning district.

2. Basis for Slope Determinations. For the purpose of this section, slope shall be computed on the natural slope of the land before grading, as determined from a topographic map having a scale of not less than one inch equals 100 feet and a contour interval of not more than five feet.

3. Use Permit Required. New development within a hillside area shall be subject to the approval of a use permit in compliance with SMC 19.54.040.

C. Additional Application Requirements. In addition to the standard application submittal requirements, the city council or planning commission may, by resolution, establish additional informational requirements for applications involving hillside development.

D. Development Standards.

1. Structure Height. The height of structures in a hillside area shall not exceed the maximum established by the applicable zoning district. Measurement of structure height shall be as provided in SMC 19.40.040, Structure height measurement and height limit exceptions.

2. Grading and Drainage.

a. Grading shall be designed to:

i. Conserve natural topographic features and appearances by minimizing the amount of cut and fill and by means of land form grading to blend graded slopes and benches with the natural topography; and

ii. Retain major natural topographic features (i.e., canyons, knolls, ridgelines, depressions, drainages, and prominent landmarks).

b. All graded areas shall be protected from wind and water erosion. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the city engineer.

c. Slopes created by grading shall not exceed a ratio of 2:1, unless a soils report and stabilization study indicates a greater permissible slope and shall not exceed 30 feet in height between terraces or benches.

3. Street Layout. To the extent feasible based on property conditions, streets shall follow the natural contours of the terrain in order to minimize the need for grading. Cul-de-sacs and loop roads are encouraged to fit the natural topography subject to the approval of the city engineer and fire department.

E. Design Standards. Within the hillside area and the hillside zoning district, the following design standards shall be implemented:

1. Terrain Alteration. The project shall be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns that form visually protruding or steeply cut slopes for roads or lots shall be avoided.

2. Lot Pad Grading. Lot pad grading shall not exceed 5,000 square feet in total area per parcel, including access road or driveways.

3. Site and Structure Design. Site design shall utilize varying structure heights and setbacks, split-level foundations, and retaining walls to terrace structures with the direction of the slope.

4. Lot Line Locations. Lot lines shall be placed at the top of slope areas to help ensure that the slope will not be neglected by the uphill owner.

5. Design and Location of Structures.

a. The form, mass, and profile of the individual buildings and architectural features shall be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Techniques that shall be utilized include:

i. Split pads, stepped footings, and grade separations to permit structure to step up the natural slope;

ii. Detaching parts of a dwelling (e.g., garage); and

iii. Avoiding the use of gable ends on downhill elevations. The slope of the roof shall be oriented in the same direction as the natural slope.

b. Excavate underground or utilize below grade rooms to reduce the visual bulk of a structure.

c. Use roofs on lower levels as open space decks for upper levels.

d. Exterior structural supports and undersides of floors and decks not enclosed by walls are not permitted.

e. Building materials and color schemes shall blend with the natural landscape of earth tones and natural vegetative growth.

6. Retaining Walls. Retaining walls that result in large uniform planes shall be avoided. Retaining walls shall be divided into elements and terraces with landscaping to screen them from view. No retaining wall shall be higher than five feet. When a series of retaining walls is required, each individual retaining wall shall be separated from adjacent walls by a minimum of five feet, surfaces will be planted, and drainage solutions will prevent water from cascading over the retaining walls and scouring sediments or plant materials from adjacent or lower elevation topographical features.

7. Slope Restoration. Transitional slopes shall be replanted with drought-tolerant trees, shrubs, and ground cover that are compatible with existing surrounding vegetation in order to enhance the blending of constructed and natural slopes.

8. Reduced Public Street Widths. On-street parking lanes may be omitted from public streets when the result is a substantial decrease in cutting and/or filling. Where no on-street parking is provided, off-street parking areas shall be provided to yield a ratio of two additional spaces per dwelling unit. Streets may be reduced to 24 feet in width with no on-street parking, or 32 feet in width with on-street parking on one side.

9. Preservation of Ridgelines. Ridgelines shall be preserved. Structures shall not be located closer to a ridgeline than 100 feet measured horizontally on a topographic map or 50 feet measured vertically on a cross section, whichever is more restrictive. In no case shall the roofline or any other portion of a structure extend above the line of sight between a ridgeline and any public right-of-way, whether the ridgeline is above or below the right-of-way.

F. Evaluation of Applications. The planning commission shall evaluate a use permit application for hillside development based on the following objectives, in addition to the findings for use permits required through SMC 19.54.040:

1. The preservation of natural topographic features and appearances by maintaining the natural topography to the greatest extent possible;

2. The protection of natural topographic features and appearances through limitations on successive padding and terracing of building sites and the preservation of significant ridgelines, steep slopes, natural rock outcroppings, drainage courses, prominent trees and woodlands, vernal pools, and other areas of special natural terrain;

3. The utilization of varying setbacks, building heights, foundation designs, and compatible building forms, materials, and colors that help blend buildings into the terrain;

4. The utilization of clustered sites and buildings on more gently sloping terrain to reduce grading alterations on steeper slopes;

5. The utilization of building designs, locations, and arrangements that protect views to and from the hillside area;

6. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and

7. The utilization of street designs and improvements that minimize grading alterations and harmonize with the natural contours of the hillsides. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.40.060 Landscape standards.

A. Purpose. The provisions of this section are intended to enhance the aesthetic appearance of the city by providing standards related to the quality and functional aspects of landscaping and to increase the compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers.

B. Applicability. All projects that require planning permit or subdivision approval by the city shall provide and maintain landscaping in compliance with the provisions of this chapter, as applicable to the specific features of the project.

C. Areas Required to Be Landscaped. Landscaping shall be provided in the following locations:

1. Setbacks. All setback and open space areas required by this development code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the review authority that landscaping is not necessary to fulfill the purposes of this chapter.

2. Unused Areas. All areas of a project site not intended for a specific use (including pad sites in shopping centers held for future development) or designated as natural open space shall be landscaped unless it is determined by the review authority that landscaping is not necessary to fulfill the purposes of this chapter.

3. Parking Areas. Parking areas shall be landscaped in compliance with SMC 19.48.090, Landscaping of parking facilities.

D. Landscape Standards. Landscaping shall be designed and installed as follows:

1. General Design Standards. The following features shall be incorporated into the design of landscaped areas:

a. Landscaping shall be designed for water efficiency, in conformance with the requirements of the low-water use landscaping ordinance in Chapter 14.32 SMC, Water-Efficient Landscaping.

b. Landscaping shall be planned as an integral part of the overall project design and not simply located in left over space after parking areas and structures have been planned.

c. Landscaped areas shall be provided with an automatic irrigation system.

d. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.

e. Landscape planting shall be provided within adjacent public street rights-of-way, in compliance with Chapter 19.12 SMC, Streetscape.

f. Landscaping shall follow regional guidelines for native species plant palettes.

g. Sites where stormwater may be slowed, spread, and infiltrated into the groundwater shall employ BASMAA stormwater standards of irrigation, soil engineering (as necessary), and associated plant palettes to choose from.

h. Landscaping shall be fire-wise. Multiple resources are available for fire-wise landscaping which includes the principals of location on parcel, species and plant habit, and required maintenance or relative upkeep associated with landscaping choices.

Residential: Landscaping may include drought tolerant lawn, ground cover, trees, shrubs, and other live plant materials. Landscaping may also include small amounts of accessory decorative outdoor landscape elements (e.g., ponds, fountains, sculpture, drainage and stormwater outflows and paved or decorated surfaces) excluding driveways, parking, and storage areas.

Commercial: Landscaping shall be drought tolerant consistent with the city’s low-water use landscaping ordinance. Lawn is prohibited unless part of a play area.

2. Plant Materials. Plant materials shall be selected and installed to comply with the following requirements:

a. A mix of plant materials and sizes shall be provided consistent with the city’s low-water use landscaping ordinance. Variety is encouraged in order to provide visual interest as well as reduce the chance of landscape failure due to disease infestation. Trees shall not be smaller than 15-gallon container stock and shrubs shall not be smaller than five-gallon container stock;

b. Trees and shrubs shall be planted so that at maturity they do not interfere with utilities and traffic safety sight areas;

c. Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners. Street tree varieties shall be consistent with the city’s adopted street tree list;

d.  Repealed by Ord. 15-2022.

e. Tree varieties planted within street rights-of-way or within six feet of public sidewalks and curbs shall be consistent with the city’s street tree list and shall comply with street tree planting standards;

f. Ground cover shall be live plant material (exceptions include rocks placed around trees to prevent overwatering). Limited quantities (10 percent maximum) of gravel, bark, or similar materials may be used in combination with living ground cover;

g. Turf areas shall be designed to minimize water runoff onto hardscape.

E. Landscape Plan Requirements.

1. Preliminary Landscape Plan. A preliminary landscape plan shall be submitted in conjunction with or following the approval of an application for a land use entitlement (e.g., use permit, tentative map, planned unit development), for new development, or the significant expansion or redevelopment of an existing use subject to review by the review authority.

2. Content. Preliminary landscape plans and final landscape plans shall contain information as specified in the instructions for preparing landscape plans, provided by the department. Properties where more than 2,500 square feet of impervious surface are being developed or replaced must meet the BASMAA low impact development (LID) stormwater standards to treat flows unable to be infiltrated on site, which must meet the performance standard requirement to function as designed. Sites meeting or exceeding 2,500 square feet of impervious surface and are doubling the impervious surfaces extant on the parcel must treat 100 percent of all stormwater generated on site.

3. Review and Approval. After initial application review in compliance with SMC 19.52.060, Initial application review, the review authority shall review each preliminary landscape plan to verify its compliance with the provisions of this section. The review authority may approve the submittal in compliance with this section, or may disapprove or require changes to a submittal that is not in compliance. WELO calculations are not required for the preliminary landscape plan.

4. Final Landscape Plan. Following approval of the land use entitlement, a final landscape plan shall be submitted as part of the application for a building permit. Final plans shall be approved by the city planner prior to the start of on-site construction or soil disturbance and prior to the issuance of a building permit. Projects requiring commission approval due to their size or use shall require plans be prepared by a licensed landscape architect or licensed contractor. Evidence shall also be provided that a licensed landscape contractor will be responsible for plant and irrigation installation. WELO documentation shall be submitted with the final landscape plan.

5. Landscaping installation must comply with construction standards relating to sediment and erosion control, and stormwater compliance.

F. Maintenance Required. Landscape areas shall be maintained to ensure survival and growth of the tree, bush, or ground cover in compliance with the approved landscape plan. Irrigation systems and their components shall be maintained in a fully functional manner. Regular maintenance shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.40.070 Open space for multifamily residential projects.

This section provides requirements and incentives for the provision of private and common open spaces and related amenities for newly developed or redeveloped multifamily residential uses throughout the city. The intent of this section is to ensure that multifamily residential developments in the city are provided with high-quality private and common open space integral to the design of the development.

A. Open Space Required. All multifamily residential projects except duplexes shall provide permanently maintained outdoor open space for each dwelling unit (private open space) and for all residents (common open space). Unless different standards are applied through specific planning area regulations as set forth in Division III of this title, Project Design, usable outdoor open space, not including required front or street-side yards, shall be provided as set forth in Table 4-1:

Table 4-1. Minimum Open Space Requirements for Multifamily Development

Type

Area Required

Common outdoor space:

300 square feet per dwelling unit

Private outdoor space:

Studio and one-bedroom units

75 square feet per dwelling unit

Two-bedroom units

150 square feet per dwelling unit

Three-bedroom units and larger

225 square feet per dwelling unit

Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The city may offer incentives in compliance with subsection (E) of this section.

B. Configuration of Open Space. To ensure that required open space is well-designed, usable, and accessible, the review authority shall employ the following standards and guidelines in evaluating proposed open space:

1. Required open space shall be located on site.

2. Open space shall be provided as continuous, usable site elements that reinforce or enhance other aspects of the site plan, such as pedestrian networks, view corridors, and environmental features.

3. Common open space areas shall be oriented to pedestrian circulation and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains, works of art, and similar features are also encouraged.

4. Open space areas shall be easily accessible. Common open space areas shall be readily accessible from the majority of units in the development. Private open space shall be immediately accessible from a kitchen, dining room, family room or master bedroom within the unit it serves.

5. All open space areas shall be of sufficient size to be usable by residents:

a. Private open space areas for two or more bedrooms shall have a minimum dimension of seven feet and a configuration that would accommodate a rectangle of at least 100 square feet;

b. Common open space areas shall have a minimum dimension of 15 feet.

6. The orientation of private and common open space shall take advantage of natural sunlight and shall be sheltered from the noise and traffic of adjacent street or incompatible uses.

7. Open space shall provide natural and beautification benefits and reduce the heat-island effect by providing natural or constructed shade through trellising, planting of trees, and shade structures.

C. Allowed Uses. Required common open space shall be available for passive and active outdoor recreational uses for the enjoyment of all residents of the multifamily development. These spaces shall not include driveways, public or private streets, utility easements where the ground surface cannot be appropriately used for open space, parking spaces, or other areas primarily intended for other functions.

D. Maintenance. Required common open space shall be controlled and permanently maintained by the owner of the property or by project homeowners through a homeowners’ association or maintenance agreement.

E. Commercial Open Space Incentives. Commercial development incentives to encourage pedestrian-oriented open spaces that exceed the above requirements may be granted at the discretion of the planning commission. The types of incentives that may be available to eligible projects include:

1. Reduced parking requirements (for pedestrian-oriented open space and amenities of an especially high quality);

2. Increased lot coverage;

3. Reduced front and street-side setbacks. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.40.080 Open space for commercial and mixed use projects.

This section provides requirements for the provision of open spaces and related amenities for newly developed or redeveloped commercial uses, including mixed use and live-work development, throughout the city. The intent is to make commercial and mixed use environments more livable, pedestrian-oriented, and humane through the provision of public and private open spaces, including plazas, courtyards, and outdoor dining and seating areas.

A. Open Space Required. All commercial and mixed use projects shall provide permanently maintained outdoor open space, except as provided for in subsection (F) of this section, Exemptions. Unless different standards are applied through planning area regulations found in Division III of this title, Project Design, usable outdoor open space shall be provided as set forth in Table 4-2:

Table 4-2. Minimum Open Space Requirements for Commercial and Mixed Use Development

Type

Area Required

Commercial

Change in use, with no increase in building area

N.A.

New development, on site <10,000 sq. ft.

7%

New development, on site 10,000 to 20,000 sq. ft.

9%

New development, on site >20,000 sq. ft.

11%

Mixed Use

New development

300 sq. ft. per unit, any combination public and private

Live-Work1

New development

250 sq. ft. per unit, any combination public and private

Notes:

1.See SMC 19.50.050 for specific regulations pertaining to live/work development.

Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The city may offer incentives in compliance with subsection (E) of this section.

B. Configuration of Open Space. To ensure that required open space is well-designed, usable, and accessible, the review authority shall employ the following standards and guidelines in evaluating proposed open space:

1. Required open space shall be located on site.

2. Open space shall be provided as continuous, usable site elements that reinforce or enhance other aspects of the site plan, such as pedestrian networks, view corridors, and environmental features.

3. Common open space areas shall be oriented to pedestrian circulation and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains, works of art, and similar features are also encouraged.

4. Private open space for residential and live-work units shall be immediately accessible from a kitchen, dining room, family room or master bedroom within the unit it serves.

5. Open space areas intended for residents shall be of sufficient size to be usable by residents:

a. Private open space areas shall have a minimum dimension of seven feet and a configuration that would accommodate a rectangle of at least 100 square feet;

b. Common open space areas shall have a minimum dimension of 15 feet.

6. The orientation of private and common open space shall take advantage of natural sunlight and shall be sheltered from incompatible uses.

C. Allowed Uses. Required open space shall not include driveways, public or private streets, utility easements where the ground surface cannot be appropriately used for open space, parking spaces, or other areas primarily intended for other functions, except for stormwater detention and infiltration functions where the ground surface can be appropriately used for open space during dry weather.

D. Maintenance. Required common open space shall be controlled and permanently maintained by the owner of the property or by multiple project owners through a condominium association or maintenance agreement.

E. Commercial Open Space Incentives. Commercial development incentive bonuses to encourage pedestrian-oriented open spaces, open spaces which preserve areas in a pristine natural condition, intensive green roofs that reduce stormwater runoff while providing accessible open space for pedestrians, and open spaces that reduce stormwater runoff through detention or infiltration that exceed the above requirements may be granted at the discretion of the planning commission. The types of bonus incentives that may be available to eligible projects include:

1. Reduced parking requirements (for pedestrian-oriented open space and amenities of an especially high quality);

2. Increased lot coverage;

3. Reduced setbacks.

F. Exemptions. The provision of required open space may be reduced or waived by the review authority under the following circumstances:

1. Minor commercial development or additions involving less than 500 square feet of new building area;

2. Infill or replacement development in the downtown district. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 05-2015 § 4, 2015; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.40.090 Performance standards.

All land use activities shall comply with the following provisions regarding the prohibition of adverse impacts:

A. Adverse Impacts Prohibited. Any use or activity that results in an adverse impact to the character and environment of a surrounding area by producing repeated and consistently intolerable levels of air pollution, electrical or electronic disturbance, hazardous materials, glare, noise, odor, vibration, waste products, or similar disturbances, shall be prohibited.

B. Determination of a Public Nuisance. Upon discovery of the activity, the city shall investigate and utilize, where necessary, whatever instruments or consulting specialists that may be required to determine whether a public nuisance exists.

C. Abatement of a Public Nuisance. An identified public nuisance shall be abated in compliance with Chapter 14.30 SMC. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.40.100 Screening and buffering.

This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and trash storage areas.

A. Screening Between Different Land Uses. Fences and walls shall be provided and maintained between different zoning districts in the following manner:

1. Wall Height. An opaque screen consisting of plant material and a solid masonry wall or wooden fence, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial or industrial development adjoins a residential zoning district and whenever a multifamily zoning district adjoins a single-family residential zoning district. The maximum height of the walls shall comply with the provisions of Chapter 19.46 SMC, Fences, Hedges and Walls.

2. Wall Treatment. The walls or fences shall be architecturally treated on both sides, subject to the approval of the review authority.

3. Pedestrian Access. Pedestrian access shall be provided between the commercial properties and adjoining common open area(s) within residential developments.

4. Waiver by Planning Commission. The planning commission may waive or modify the requirements for screening walls or fences if one or more of the following findings can be made:

a. The development plan adequately provides for the integration of different land uses (e.g., shared parking areas) in such a way that conflicts between the different uses will be avoided;

b. An existing wall or fence is in place that meets or would be modified to conform to the intent of this section;

c. A lesser level of screening is appropriate due to the nature of the adjoining uses.

B. Mechanical Equipment.

1. Screened From Public View. Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, storage and waste areas, and utility services shall be screened from public view from adjoining public rights-of-way, and adjoining area(s) zoned for residential or open space uses, including views from above the subject project. Screening can be compatible with multi-benefit projects, including stormwater vegetated sales, bioretention, or capture.

2. Architectural Compatibility. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, architectural style, and shall include appropriately installed and maintained landscaping subject to SMC 19.40.060, Landscape standards, and the approval of the review authority.

C. Solar Equipment. The placement of solar heating or electrical generation equipment shall be regulated as follows:

1. Roof-Mounted Equipment. Roof-mounted solar collector panels shall be flat, matching the roof pitch, and placed as close as possible to the surface of the roof. All plumbing, piping, and other connections shall be suitably covered with metal flashing painted to match the color of the roof.

2. Ground-Mounted Equipment. Ground-mounted solar collector panels and related equipment shall be placed no closer than five feet to any property line and shall be screened from public view. The height of ground-mounted structures, including collector panels, shall not exceed seven feet.

3. Appurtenant Equipment. Appurtenant equipment and fixtures shall be screened from public view.

D. Outdoor Storage and Work Yards. Uses with outdoor storage of materials or operations shall comply with the following:

1. Solid Sight-Obscuring Wall and Gate(s). Outside uses shall have a solid sight-obscuring masonry wall or wooden fence not less than six feet, or more than eight feet in height. The wall shall include sight-obscuring gates. The wall and gate(s) shall be maintained to continuously conform to this standard; and

2. All Operations Within Walled Area. Site operations in conjunction with the outdoor uses, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.

E. Outdoor Building Supply Area(s). Outdoor building supply areas shall be screened with walls, wood fencing, meshing, landscaping, or similar material to minimize visibility of the storage area(s).

F. Trash Enclosures. Any outdoor storage of garbage cans, dumpsters, recycling bins or other similar containers shall be enclosed by a solid wooden fence, masonry wall, or other similar enclosure. The enclosure shall be located on the site so as to minimize potential noise, odor, and visual impacts on adjacent properties and prevent the transport of trash, spilled materials or leaks outside of the designated trash area either by wind or stormwater runoff. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 05-2015 § 5, 2015; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.40.110 Setback regulations and exceptions.

This section establishes standards to ensure the provision of open areas around structures for: access to and around structures; access to natural light, ventilation, and direct sunlight; separation of incompatible land uses; space for landscaping, privacy, and recreation; and visibility and traffic safety.

A. Setback Requirements.

1. Compliance. All structures shall comply with the setback requirements established by Division III of this title, Project Design, state and federal regulations, and with any special setbacks established for specific uses by this development code and by the city’s adopted Uniform Building Code.

2. Extending Over Property Lines Prohibited. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or public right-of-way.

3. Unobstructed. Each required setback area shall be open and unobstructed from the ground upward, except as provided in this section.

B. Measurement of Setbacks. Setbacks shall be measured as follows:

1. Front Setback. The required front setback shall be measured at right angles from the nearest point on the front property line to the nearest point of the wall of the structure, except as follows:

a. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the public right-of-way determined by the city planner to constitute the front yard. (Whenever a future right-of-way line is officially established, required setbacks shall be measured from the established line(s));

b. For flag lots, the measurement shall normally be taken from a parallel line established where the access strip meets the buildable area of the parcel closest to the public right-of-way to the nearest point of the wall of the structure.

2. Side Setbacks. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line, which extends between the front and rear yards.

3. Street-Side Setback. The side setback, on the street side of a corner parcel, shall be measured at right angles from the nearest point on the side property line adjoining the public right-of-way to the nearest point of the wall of the structure.

4. Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except:

a. The rear setback on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the public right-of-way. If an access easement or public right-of-way line extends into or through a rear setback, the measurement shall be taken from the nearest point of the easement or right-of-way line; and

b. Where the side property lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front property line, shall be deemed to be the rear property line for the purpose of determining the depth of the required rear setback.

C. Allowed Projections into Setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side, and rear setbacks, only as follows:

1. Balconies, Porches, and Stairways. The following setback standards shall apply to balconies, porches, and stairways:

a. Balconies and similar open, uncovered features shall not project into any required setback unless the feature is three feet or less in height above finished grade, in which case it may extend into required setbacks in compliance with subsection (C)(1)(c) of this section;

b. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend into required setbacks in compliance with subsection (C)(1)(c) of this section;

c. Uncovered outside stairways and landings, that are not attached to a deck, are not enclosed, and do not extend above a ground floor entrance, may extend into required setbacks as follows:

i. Up to 10 feet into a required front or street-side setback, but not closer than 10 feet to a front or street-side property line;

ii. Up to three feet into a required side setback, but not closer than three feet to a side property line;

iii. Up to three feet into a required rear setback, but not closer than 10 feet to a rear property line;

d. These requirements shall not apply to uncovered landings, patios, or walkways constructed not more than six inches above finished grade.

2. Canopies, Chimneys/Fireplaces, Cornices, Eaves, and Roof Overhangs. Cantilevered architectural features on the main structure, including bay windows, canopies, chimneys/fire places up to eight feet in width, cornices, eaves, fireplaces, roof overhangs, and solar devices may extend up to three feet into a required setback, but not closer than three feet to a side or rear property line.

3. Setback Requirements for Specific Structures and Equipment.

a. Decks, driveways, patio slabs, and walkways shall be allowed in required setbacks, provided they do not exceed a height of six inches above finished grade. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property.

b. An inner court providing access to a dwelling group (constructed and located face-to-face) shall provide a minimum width of 15 feet between rows for single-story structures with an additional five feet of width for each additional floor above the first floor.

c. Ground-mounted equipment (e.g., air conditioners, fans, filters, heaters, swimming pool pumps, etc.) shall be allowed in required side or rear setbacks, provided:

i. The equipment, including housing, is not closer than three feet to any side or rear property line; and

ii. The equipment does not exceed a height of four feet measured from the finished grade at the base of the unit.

d. Guard railings or fences for safety protection around depressed ramps may be located in required setbacks provided:

i. An open-work railing or fence is used; and

ii. The height of the railing or fence complies with the requirements of the city’s adopted Uniform Building Code.

e. Wooden and/or masonry planter boxes shall be allowed in all required setbacks when maintaining a maximum height of 42 inches.

f. Patios.

i. Attached covered patios having no enclosures, screening, or walls on at least three sides shall not project more than 10 feet into a required rear setback.

ii. Detached covered patios shall meet the requirements for residential accessory structures identified in SMC 19.50.080, Residential accessory uses and structures.

g. Retaining Walls.

i. Retaining walls up to 42 inches in height are exempt from setback requirements.

ii. Retaining walls up to six feet in height may be located within a required setback, provided the exposed side of the wall faces into the subject parcel. If the exposed side of the retaining wall faces out of the subject parcel, the maximum height within the setback shall be four feet.

h. Swimming pools and spas are allowed in side and rear setbacks, provided they are not closer than five feet to a side or rear property line.

D. Projections into the Public Right-of-Way. In commercial and mixed use zoning districts, projections into the public right-of-way may be allowed as provided for below:

1. Signs, Awnings and Canopies. Subject to the approval of the historic preservation commission in accordance with SMC 19.54.080, Design review, signs, awnings, and similar nonpermanent structures may project into the public right-of-way. The minimum clearance of such structures shall be seven feet and the minimum distance from an adjoining curb or street edge shall be three feet. Supporting posts or columns shall not be permitted under this provision.

2. Balconies and Building Projections. Subject to the approval of the planning commission in accordance with SMC 19.54.040, Use permits, balconies and other permanent building features may project into a public right-of-way. The minimum clearance of such structures shall be eight feet and the minimum distance from an adjoining curb or street edge shall be three feet. Supporting posts or columns shall not be permitted under this provision.

3. Posts, Columns, and Supports. Subject to the approval of the city council through the review of an encroachment permit, posts, columns and other permanent building features may be permitted within the public right-of-way. Such features shall not impede pedestrian access and shall be set back a minimum of three feet from any adjoining public street.

E. Use and Maintenance of Setback Areas. Setback areas and yards (defined as areas on a property not developed with a structure), including driveways and parking areas, shall be used and maintained in accordance with the following standards and requirements:

1. Structures. Yards and required setback areas shall not be occupied by structures other than:

a. Fences, as allowed under Chapter 19.46 SMC, Fences, Hedges and Walls.

b. Accessory structures located within setback areas in compliance with SMC 19.50.080, Residential accessory uses and structures.

c. Projections into setbacks as provided for under subsection (C) of this section.

d. Structures for which a variance or an exception have been obtained, in accordance with the applicable provisions of Division V of this title.

e. Legal nonconforming structures.

2. Use. The use of yards and required setback areas shall be limited to the following:

a. Permitted uses under the applicable zoning district as set forth in Division II of this title;

b. Conditionally permitted uses under the applicable zoning district as set forth in Division II of this title for which a use permit has been obtained;

c. Home occupations operated in conformance with SMC 19.50.040;

d. Legal nonconforming uses.

3. Storage. Front or street-side yards and setbacks shall not be used for the storage of garbage, rubbish, debris, parts, building materials (except in the course of permitted construction), or inoperable motor vehicles, except for screened storage facilities, such as building materials yards, allowed through a use permit in the commercial and mixed use zones.

4. Maintenance. Setbacks and yards shall be maintained so as to be free from garbage and debris and accumulations of refuse and yard waste. No yard or setback area shall be maintained in a manner that supports or attracts concentrations of vermin or feral animals. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.40.120 Undergrounding of utilities.

All on-site cable television, electric, and telephone facilities, fire alarm conduits, lighting wiring, and other wiring conduits and similar facilities shall be placed underground at the time of development. Unless otherwise approved by the city engineer, no new above ground power poles shall be allowed. Existing poles may be replaced in kind as required for maintenance. (Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.40.130 Protection of scenic vistas.

A. Purpose. It is the purpose of this section to provide standards for the protection of important scenic vistas throughout the city as identified in the General Plan, community development element (town design).

B. Applicability. The provisions of this section apply to any new development for which a discretionary planning or subdivision permit is required that has the potential to affect any of the scenic vistas identified in the General Plan (see the “town design elements” map in the community development element).

C. Scenic Vista Defined. For the purpose of this section, a “scenic vista” means a public view, benefiting the community at large, of significant features, including hillside terrain, ridgelines, canyons, geologic features, and community amenities (e.g., parks, landmarks, permanent open space).

D. Standards for View Corridors. New structures shall be constructed and located in a manner that preserves scenic vistas by maintaining view corridors. Examples of corridors include:

1. Unbuilt space between buildings;

2. View opportunities created from undeveloped lots;

3. Airspace created from public parks and open spaces;

4. Open spaces created from the deliberate spacing of buildings on the same lot or adjacent lots; and

5. Development in hillside areas, especially near ridgelines, shall comply with the standards in SMC 19.40.050, Hillside development. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 15-2022 § 1(A), 2022; Ord. 2003-02 § 3, 2003).

19.41.010 Purpose and applicability.

A. The intent of this chapter is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 development projects on residentially zoned properties within the city of Sonoma. The regulations are established to implement the requirements under California Government Code Section 65852.21. In the event of an inconsistency between this chapter and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail.

B. Two-unit residential developments in single-family zones shall be located, developed, and used in compliance with this chapter. Two-unit residential developments are a permitted residential use only on parcels zoned R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, or R-HS (Residential – Hillside) district.

C. Two-unit residential developments are not subject to the density requirements of the Sonoma General Plan or this code applicable to properties zoned R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, or R-HS (Residential – Hillside) district. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.020 Definitions.

The definitions below shall apply to the following terms used herein:

Car share vehicleshall mean a vehicle available for sharing located in a car share vehicle facility approved by the city.

Car share vehicle facilityshall mean a facility of fixed location approved by the city to permit the storage, pick-up, and drop-off of a car share vehicle.

Existing structure” or “existing unitshall mean an existing permitted or otherwise legal single-family dwelling or accessory dwelling unit.

Ministerial” means no discretionary review or public hearing.

Sufficient for separate conveyanceshall mean that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

Two-unit residential development or projectshall mean two primary residential units located on a single lot. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings, including a development which entails adding one new unit to an existing unit, which are developed using the provisions of this chapter and the provisions set forth in California Government Code Sections 65852.21 and/or 66411.7. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.030 Planning permit and application requirements.

A. Two-Unit Residential Permit Required. A proposal to construct a two-unit residential development shall be subject to first obtaining a two-unit residential permit (sometimes referred to as a “two-unit permit”).

B. Application Submittal Requirements. The submittal requirements for a two-unit residential permit application shall be established by separate policy published by the community development director (“director”). Upon establishment of such submittal requirements, all applicants for a two-unit residential permit must comply with the procedures set forth in the director’s policy.

C. In addition to obtaining a two-unit permit, the applicant shall be required to obtain a building permit, tree removal permit if applicable, and other applicable post-entitlement permits prior to the construction of the dwelling units which are the subject of the two-unit permit. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.040 Review procedures and action.

A. Completeness Review. The director or designee shall determine whether the application for a two-unit permit is complete pursuant to the requirements of Government Code Section 65943.

B. Objective Standard Consistency. The director or designee shall provide an applicant for a two-unit permit with written documentation identifying any inconsistencies with the objective standards applicable to two-unit residential developments within 60 days of determining the application is complete.

C. Ministerial Action. The director or designee shall render a ministerial decision on a two-dwelling-unit permit application upon such application being deemed complete. Notwithstanding anything to the contrary set forth in this code, the director’s or designee’s action to grant or deny an application for a two-unit permit is final and not subject to appeal. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.050 Maximum number of units.

A. When not located on a site subject to an approved or proposed urban lot split: (1) a maximum of two primary units per parcel meeting the requirements of this chapter are permitted; and (2) either one accessory dwelling unit or junior accessory dwelling unit per primary unit meeting the requirements in Chapter 19.45 SMC is permitted, for a total of up to four units on the subject property.

B. When located on a site subject to an approved or proposed urban lot split, a maximum of two primary units meeting the requirements of this chapter are permitted per parcel resulting from the urban lot split, for a total of two primary units on each of the two resulting parcels. Should a resulting parcel include only one primary development unit, either one accessory dwelling unit or junior accessory dwelling unit meeting the requirements of Chapter 19.45 SMC is permitted. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.060 Building code.

All local and state building code provisions applicable to dwelling units shall apply to two-unit residential developments. A two-unit residential development shall meet all building code provisions necessary to accommodate separate conveyance of the subject dwelling units, including but not limited to providing a separate gas, electric, sewer, and water utility connection directly between each dwelling unit and the utility. Prior to issuance of any utility permits, the utility shall verify the service availability for the parcel. The project shall be connected to and served by the utility prior to final inspection approval of the project. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.070 Easements.

Dwellings in a two-unit residential development shall not encroach upon any easement. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the director of the community development department. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.080 Minimum rental period.

Repealed by Ord. 01-2025. (Ord. 13-2021 § 2, 2021).

19.41.090 Deed restriction.

Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the county recorder’s office, the form and content of which is satisfactory to the city attorney. The covenant shall notify future owners of the approved size and attributes of the units and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two primary residential units and two accessory dwelling units, for a total of four units, may be created on any single parcel or on any two parcels created using urban lot split subdivision procedures. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel. The restrictions shall be binding upon any successor in ownership of the property, may be enforced by the city, and lack of compliance with any provisions of Chapter 19.72 SMC or this chapter may result in legal action against the property owner, including revocation of any entitlement to maintain two dwelling units on the property. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.100 Fees associated with development.

Two-unit residential developments shall be subject to paying fees associated with development, including development impact fees, Quimby Act fees, connection fees, capacity charges, and other fees or charges as applicable. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.110 Time limits and extensions.

A two-unit permit granted pursuant to this chapter shall be subject to the time limits and extensions of time specified in Chapter 19.56 SMC. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.120 Prohibitions.

A two-unit residential development or urban lot split, as specified in state law, shall be prohibited at the following sites, pursuant to state law and as further specified below:

A. Sites located in any of the following, as identified in Government Code Sections 65913.4(a)(6)(B) through 65913.4(a)(6)(K), as of 2021:

1. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. Two-unit residential developments shall not be permitted within the very high fire hazard severity zones, unless existing building standards within very high fire hazard zones include the high fire construction standards adopted or enforced by the city, as determined by the building official or the fire marshall. No variance or modification to any fire code requirements or high fire construction standards shall be permitted.

4. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

5. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

6. Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subsection if either of the following are met: (a) The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (b) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

7. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the development has received a no rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

8. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), or other adopted natural resource protection plan.

9. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10. Lands under conservation easement.

B. Historic Resources. Sites located in an historic district, property or structure designated pursuant to a local ordinance or included on the State Historic Resources Inventory or city of Sonoma’s local inventory of historic resources. Without limiting the generality of the foregoing, two-unit residential developments are not permitted in the following city historic districts or areas: Broadway corridor district; plaza district; historic train district; Sebastiani cottage district; on parcels identified on the city’s local historic resources list; and other historic districts.

C. Rental Units. Sites that would require demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;

2. A rent-controlled unit;

3. A unit that has been occupied by a tenant within the past three years; or

4. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date of the application submittal.

5. Nonconforming Development. Sites already developed with two or more existing residential units, nonresidential uses, or mixed-use, shall not use the provisions of this section to add floor area, add residential units, or make any other alterations to the buildings or site otherwise prohibited by this chapter, unless the development complies with all the standards of this chapter.

6. Adverse Impacts. Sites the director finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.130 General requirements.

A proposed two-unit residential project shall comply with the following requirements:

A. The applicable flood damage prevention regulations contained in Chapter 14.25 SMC.

B. Development adjacent to a creek shall comply with SMC 19.40.020 (Creekside development). Construction of a two-unit project shall maintain a minimum 30-foot setback from the top of a creek bank (Nathanson Creek or Fryer Creek), except along Sonoma Creek, where a 50-foot setback shall be required. Additional setback dimensions or areas may be necessary to protect sensitive environmental resources (e.g., vernal pools). Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space. The applicant shall provide the building department with all applicable permits from outside agencies, which may include, but not be limited to, the San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corps of Engineers, State Water Resources Control Board and/or U.S. Fish and Wildlife Service when requested by the building official.

C. A permanent address that complies with fire district standards is required for each dwelling unit.

D. The project shall comply with the applicable regulations contained in the California Building Standards Code as amended and adopted by the city of Sonoma.

E. Prior to issuance of a building permit for the construction of a two-unit residential project, the municipal water utility shall verify water service availability for the parcel. The project shall be connected to and served by the municipal water utility system prior to final inspection approval of the project.

F. Prior to issuance of a building permit for the construction of a two-unit residential project, the public sewer system utility shall verify public sewer service availability for the parcel. The project shall be connected to and served by the public sewer system prior to final inspection approval of the project.

G. Replacement Housing. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

H. Development standards set forth in a planned unit development or specific plan shall apply to any housing development except that any such planned unit development or specific plan standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for a housing development; or (2) preclude a housing development that meets the applicable requirements of state law or this chapter.

I. The correction of nonconforming zoning conditions may not be required as a condition of approval. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.140 Restrictions.

A two-unit residential development shall be subject to the following restrictions:

A. The development and use of dwelling units in two-unit residential projects shall only be valid if in conformance with this chapter and permitted under this chapter.

B. Any owner wishing to modify the number of units in an approved two-unit residential development must request termination of the use of one or more of the dwelling units using the procedures set forth in this chapter and satisfy all zoning and development standards such as setbacks, floor area and lot coverage. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.150 Objective development standards.

A. General Requirements. Two-unit residential developments are subject to the development standards in this section as adopted and amended from time to time. In addition, two-unit residential projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this chapter. Notwithstanding the above, if the application of an objective standard would have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single parcel, compliance with that objective standard shall be waived but only to allow up to two units 800 square feet each.

1. Allowed Uses. The only uses allowed on parcels on which two-unit residential development is permitted and, in the units, created under a two-unit residential development shall be residential uses and may not be used for rentals of less than 30 days, and rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

2. Minimum Lot Size. The minimum size of any parcel on which a two-unit residential development is permitted is 1,200 square feet.

3. Maximum Floor Area. Maximum floor area ratio for a two-unit residential development shall be that specified for the zoning district in which the two-unit residential development is located.

4. Height. Maximum height for a two-unit residential development shall be that specified for the zoning district, however any portion of a new dwelling unit constructed within a reduced setback from the underlying zone shall be permitted to build to a maximum 16 feet in height. In no case shall the building exceed the height of the underlying zone to allow the development of two 800-square-foot units, when it is feasible to modify other development standards to allow the development.

5. Site Coverage. Maximum site coverage for a two-unit residential development shall be that specified for the zoning district in which the two-unit residential project is located. “Site coverage” means the percentage of total site area occupied by structures (including but not limited to the residential units, garage, all accessory buildings, and decks over 18 inches above grade), and areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.

6. Setbacks. Setbacks for a two-unit residential development shall be that specified for the zoning district, however setbacks from the side and rear lot property lines shall be no less than four feet, except in the case of existing structures or structures constructed in the same location and to the same dimensions as an existing structure.

7. Building Form.

a. Dwelling units in a two-unit residential development shall include permanent provisions for living, eating, and sleeping, including a kitchen and bedroom closet or other storage.

b. Dwelling units in a two-unit residential development shall have separate exterior entries.

c. A permanent foundation for each dwelling unit in a two-unit residential development and attached accessory uses shall be required.

8. Off-Street Parking.

a. One covered or uncovered off-street parking space is required per dwelling unit in a two-unit residential project, except as exempted below.

i. No parking is required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a designated parking space for a car share vehicle located within one block of the parcel.

b. The location of the required parking space(s) shall not obstruct the required parking of each dwelling unit.

c. Tandem parking is prohibited. Each unit must have its own parking space which can be accessed without crossing over or encroaching upon the other unit’s parking space.

d. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from parking requirements.

9. Access to a Public Street. Every dwelling unit shall have permanent means of access to a public street. When automobile parking is required or proposed, vehicular access to a public street or alley shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards consistent with the California Fire Code and Chapter 12.12 SMC.

10. Storm Water Management. Two-residential unit development must comply with the city’s storm water runoff requirements pursuant to Chapter 13.32 SMC (Stormwater Management and Discharge Control).

11. Landscaping. A complete application for a two-unit residential permit shall include a landscape plan which must comply with the city’s water efficient landscaping ordinance (Chapter 14.32 SMC) and SMC 19.40.060 (Landscape standards), 19.40.070 (Open space for multifamily residential projects), 19.40.100 (Screening and buffering), and Chapter 19.46 SMC (Fences, Hedges and Walls).

12. Outdoor/Common Space. Outdoor/common space for a two-unit residential development shall be that specified for the zoning district.

13. Utilities. Private underground utility services, including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a two-unit residential development. All dwelling units in a two-unit residential development must be able to connect and shall connect to municipally supplied water, sewer, gas, and electricity services. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a two-unit residential project shall be installed underground. Equipment appurtenant to underground facilities, including surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021).

19.41.160 Denial.

A. Denial of a Two-Unit Residential Development. The director, or designee, shall not approve a two-unit residential development under any of the following circumstances:

1. The project proposes creation of more than two units total as described in this chapter.

2. The urban lot split does not meet the requirements of SMC Title 19, Integrated Development Regulations and Guidelines.

3. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 01-2025 § 2 (Exh. A), 2025).

19.41.170 Violations and enforcement.

It is unlawful for any person to violate any provision of this chapter. Violations are subject to the enforcement penalties and procedures of Chapters 1.30 and 19.90 SMC, administrative penalties and development code enforcement. The remedies provided therein are cumulative. (Ord. 01-2025 § 2 (Exh. A), 2025; Ord. 13-2021 § 2, 2021. Formerly 19.41.160).

19.42.010 Purpose.

This chapter is intended to safeguard the historic character of Sonoma by recognizing and preserving significant historic and cultural resources by providing incentives for the preservation and rehabilitation of historically and culturally significant resources, and by ensuring that new development in the historic overlay zone is architecturally compatible.

A. Officially Designated Historic Structures. This chapter establishes incentives, minimum standards, and guidelines for the preservation and adaptive reuse of officially designated historic structures to the greatest extent feasible, as well as a process for listing districts, sites, structures and other resources possessing local historic significance.

B. Potentially Historic Structures. This chapter establishes guidelines for the preservation of historic structures within the city, using the League for Historic Preservation’s inventory of historic structures as a guide for determining whether these provisions should be applied.

C. Infill Development. This chapter establishes guidelines to be used in review of infill development within the historic overlay zone for which a discretionary permit is required. (Ord. 06-2013 § 2(A) (Exh. B), 2013; Ord. 2003-02 § 3, 2003).

19.42.020 Designation of a local historic resource or district.

A. Purpose. In order to recognize and promote the preservation of sites, structures, and areas that are important to the history of Sonoma, this section provides for the nomination and designation of locally significant historic resources and districts.

B. Designation Process – Local Historic Resources. Local historic resources shall be designated by the historic preservation commission in the following manner:

1. Initiation of Designation. Designation of an historical resource may be initiated by the historic preservation commission or by the owner of the property that is proposed for designation. Applications for designation originating from outside the commission must be accompanied by such historical and architectural information as is required by the commission to make an informed recommendation concerning the application, together with the fee set by the city council.

2. Review, Notice and Hearing. The historic preservation commission shall conduct a public hearing on a nomination for local historic resource designation. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC (Public Hearings), including mailed notice to the owners of any property proposed for such designation.

3. Findings, Decision. Following a public hearing, the historic preservation commission may approve or disapprove a nomination for designation as a local historic resource. The commission shall record the decision and the findings upon which the decision is based. The historic preservation commission may approve such designation only if it finds that the resource meets at least one of the following criteria:

a. It is associated with events that have made a significant contribution to Sonoma’s history and cultural heritage; or

b. It is associated with the lives of persons important in Sonoma’s past; or

c. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or

d. It has yielded, or may be likely to yield, information important in Sonoma’s prehistory or history.

C. Designation Process – Local Historic Districts. Local historic districts shall be designated by the city council upon the recommendation of the historic preservation commission in the following manner:

1. Initiation of Designation. The designation of a local historic district may be initiated by the city council or the historic preservation commission.

2. Requirements for Designation. The designation of a local historic district is subject to finding by the review authority that all of the following requirements are met:

a. The proposed district is a geographically definable area.

b. The proposed district possesses either a significant concentration or continuity of buildings unified by past events or aesthetically by plan or physical development.

c. Considered as a whole, a sufficient concentration of buildings within the proposed district demonstrates integrity of design, setting, materials, workmanship and association.

d. The collective historic value of the buildings and structures in the proposed district is greater than the historic value of each individual building or structure.

e. The designation of the area as a historic district is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of this chapter and is not inconsistent with other goals and policies of the city.

3. Historic Preservation Commission Hearing and Recommendation. The historic preservation commission shall conduct a public hearing on a nomination for local historic resource district. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC (Public Hearings), including mailed notice to the owners of any property proposed for such designation. Following the public hearing, the commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the city council, setting forth the reasons for the decision. The historic preservation commission may approve a recommendation for a local historic district only if it makes the findings set forth in subsection (B) of this section.

4. City Council Hearing and Decision. The city council shall conduct a public hearing on a nomination for local historic district. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 19.88 SMC (Public Hearings), including mailed notice to the owners of any property proposed for such designation. Following the public hearing, the city council shall by resolution approve the recommendations in whole or in part, or shall by motion disapprove them in their entirety. The city council may approve a designation as a local historic district only if it makes the findings set forth in subsection (B) of this section. If the city council approves a local historic district, notice of the decision shall be sent to property owners within the district.

D. Amendment or Rescission. The historic preservation commission and the city council may amend or rescind any designation of an historical resource or historic district in the same manner and procedure as are followed for designation.

E. Previously Designated Historic Resources. The sites and structures previously designated by the city council as having local historic significance through the adoption of Resolution 18-2006 are hereby designated as local historic resources as defined in this chapter.

F. Register. The historic preservation commission shall maintain a register of designated local historic resources and districts. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 06-2013 §§ 2(A) (Exh. B), 3, 2013).

19.42.030 Adaptive reuse.

The adaptive reuse of historic structures within the historic overlay district, involving uses not otherwise allowed through the base zone, may be allowed subject to the approval of a conditional use permit, in compliance with SMC 19.54.040 and as set forth below.

A. Eligible Structures. The following types of structures are eligible for adaptive reuse:

1. Officially Designated Structures. Those structures of officially designated historical significance as indicated by (a) listing with the State Office of Historic Preservation, or (b) listing as a locally significant historic resource, regardless of whether they are located within the historic overlay zone.

2. Structures with Potential Historical Value. In addition to officially designated structures, there are other structures that may have historical value because of their age (usually more than 50 years old), and their contribution to the overall historic character of the community due to their unique architectural scale and style, use of design details, form, materials, or proportion, as may be documented through listing on the Sonoma League for Historic Preservation’s inventory of historic structures. Such structures shall only be eligible for adaptive reuse if located within the historic overlay zone and shall not be eligible for consideration as a vacation rental.

B. Allowable Use. The following uses may be considered in an application for the adaptive reuse of a historic structure:

1. Residential Uses and Densities.

a. Allowable Residential Uses. Single- and multifamily dwellings and residential condominiums.

b. Allowable Residential Densities. The allowable residential density within the historic overlay district may exceed the normally allowable density under the subject general plan designation and zoning district, subject to the approval of the planning commission.

2. Nonresidential Uses.

a. Bed and breakfast inns;

b. Hotels;

c. Limited retail;

d. Mixed use (residential over commercial) developments;

e. Professional and service-oriented offices;

f. Restaurants (with or without outdoor dining facilities); and

g. Vacation rentals (limited to structures listed or eligible for listing on the State Register of Historic Places); and

h. Wine tasting facilities.

C. Retention of Residential Character, Scale, and Style. Adaptive reuse projects shall retain a residential character, scale, and style (e.g., off-street parking areas would be prohibited in the front and street side setbacks, new construction would have a residential appearance, signs would be limited, etc.). The guidelines set forth in SMC 19.42.040 shall be considered by the planning commission in applications for adaptive reuse.

D. Compliance with Parking Standards. The above-listed uses shall be provided with suitable parking, in compliance with Chapter 19.48 SMC (Parking and Loading Standards).

E. Findings and Decision. The planning commission shall approve, with or without conditions, the adaptive reuse of an historic structure only if all of the following findings can be made, in addition to those identified in SMC 19.54.040 (Use permits). The alteration or adaptive reuse would:

1. Enhance, perpetuate, preserve, protect, and restore those historic districts, neighborhoods, sites, structures, and zoning districts which contribute to the aesthetic and cultural benefit of the city;

2. Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zoning districts;

3. Preserve diverse architectural design reflecting phases of the city’s history, and encourage design styles and construction methods and materials that are compatible with the surrounding neighborhood(s);

4. Promote and encourage continued private ownership and utilization of structures now so owned and used; and

5. Substantially comply with the applicable Secretary of the Interior Standards and Guidelines for the Treatment of Historic Properties as well as the applicable requirements and guidelines of this chapter.

The following additional finding is required for applications for adaptive reuse as a vacation rental:

6. Restore and rehabilitate a historic structure and/or property, excluding second units, which is listed or eligible for listing on the State Register of Historic Places, that has fallen into such a level of disrepair that the economic benefits of adaptive reuse are necessary to stem further deterioration, correct deficient conditions, or avoid demolition as implemented in the conditions of project approval. (Ord. 03-2016 § 1 (Exh. A), 2016; Ord. 06-2013 § 2(A) (Exh. B), 2013; Ord. 06-2009 §§ 1 – 3, 2009; Ord. 2003-02 § 3, 2003. Formerly 19.42.020).

19.42.040 Guidelines for preservation and adaptive reuse.

A. Purpose. The purpose of these guidelines is to implement general plan policies related to the preservation and adaptive reuse of officially designated historic structures throughout the city and of structures having potential historical value within the city’s historic overlay zone.

B. Applicability. These guidelines are to be utilized during the development/design review process as criteria against which to review new construction within the historic overlay district requiring discretionary approval and adaptive reuse projects.

C. Preservation and Rehabilitation of Existing Structures. In general, preservation and rehabilitation efforts should aim toward protecting the essential architectural features of a structure that help to identify its individual style and thereby further its contribution to the historic character of the surrounding neighborhood.

1. General Rehabilitation Principles.

a. Historic structures should be recognized for their own time and style. Rehabilitation should not try to create a preconceived concept of history, but should reuse existing or appropriate features.

b. Rehabilitation of historic structures should try to retain and restore original elements first. If damage or deterioration is too severe, the element should be recreated using original materials to match the color, design, texture, and any other important design features.

c. When replacement is necessary and original material cannot be obtained, substitution material should incorporate the color, design, and texture that conveys the visual appearance of the original material.

2. Doors.

a. Older structures almost always had solid wood doors that fit the particular style of the structure. The front door of the structure was the most ornate with secondary doors usually more utilitarian in appearance. The shape, size, and style of doors are an important feature of all historical architectural styles and the original design/type should be maintained.

b. Original doors should be repaired in place whenever possible. When replacement is necessary, the replacement door should match the original design and materials as close as possible.

c. If the original door is missing, appropriate design and materials should be selected by studying the doors of similar structures in the surrounding neighborhood or consulting books on architectural styles. Many older style panel doors are still available from material suppliers and may match the original doors very closely.

3. Exterior Materials.

a. The original exterior building materials should be retained whenever possible. It is not desirable to use mismatched materials of different finishes, shapes, sizes, or textures.

b. Structures with original wood siding should not be stuccoed in an attempt to modernize their appearance. Likewise, plastic shingles should not be used to replace wood siding or shingles.

c. Replacing wood siding with aluminum siding of the same shape and size as the original siding can be an alternative, but care shall be taken to use siding of the appropriate size.

d. Brick surfaces should not be sandblasted in an attempt to remove old paint. Sandblasting would damage the natural fired surface of the brick, and cause it to lose its water repellent qualities. Also, mechanical grinders should not be used to remove mortar as this can damage the brick surrounding the joint.

4. Ornamentation and Trim.

a. Most often it is the authentic decoration and trim on a structure that lends character and identifies the structure with its particular architectural style. Original ornamentation should be preserved whenever feasible.

b. If the material needs to be removed to be repaired or copied, determine how the piece is attached and carefully plan the work to be sensitive to the material. Any prying action should be slow and careful, with a minimal amount of force.

c. If the ornamentation or trim is comprised of several layers of materials, it is helpful to sketch the components as they come apart to ensure proper reassembly. If the pieces are beyond repair, a skilled finish carpenter should duplicate the original work.

5. Porches and Stairs.

a. During rehabilitation efforts, the design integrity of the front porch should not be compromised. Front porches should not be enclosed with walls or windows.

b. If enclosing the porch is the only viable means of adding needed space, care should be taken to use decoration(s), doors, siding materials, trim details, and windows that match the facade of the structure surrounding the porch.

6. Roofs.

a. Roofs are important both functionally and aesthetically. Great care should be taken to ensure that roofs are watertight and that roofing materials are compatible with the original style of the structure. Oftentimes roofs only need repairs, but when replacement is necessary roofing materials should be selected that are appropriate to the structure’s architectural style.

b. It should be recognized that fire safety requirements may preclude reroofing a structure in its original material. The determination of what material to use for the replacement of wood shingles or shakes in historic structures should be based on compatibility with the colors and materials used elsewhere on the structure.

7. Windows.

a. Most older/historic structures had wood framed windows that were either casement, double hung, or fixed. The shape, size, and style of windows are an important feature of most architectural styles and the original type window should be maintained.

b. When window replacement is necessary, it is preferred that the new window be an exact match of the original.

c. An alternative to special milling may be the use of an “off-the-shelf” standard window that closely matches the original.

d. Aluminum or plastic frame windows should not be used as replacements on any part of an historically valuable structure without justification. The use of such materials is highly visible and the contrast of materials and styles can permanently affect the architectural integrity of the structure. The use of traditional materials is preferred.

D. Additions to Existing Structures. Additions to historically valuable structures may be necessary to ensure their continued use. Modifications (e.g., additions, new entrances and exits, parking facilities, handicap facilities, and seismic strengthening) should be made with care so as not to compromise a structure’s historically valuable features, finishes, or materials.

1. Site Plan Considerations. Additions should be carefully placed to minimize changes in the appearance of the structure from the public right-of-way. Whenever possible, additions should be placed to the side or rear of the structure and should not obstruct the appearance of the structure from the public right-of-way.

2. Architectural Compatibility.

a. Additions to historically valuable structures should incorporate the distinctive architectural features of the original structures including:

i. Door and window shape, size, and type;

ii. Exterior materials;

iii. Finished floor height;

iv. Roof material, pitch, and style; and

v. Trim and decoration.

b. Refer to the rehabilitation guidelines, subsection (C) of this section, Preservation and Rehabilitation of Existing Structures, for discussion of appropriate exterior doors, porches, wall materials, windows, etc.

3. Roof Pitch and Style.

a. The roof of a structure, especially its pitch and style, is an important architectural element that should be taken into consideration when planning an addition.

b. Whenever possible, the pitch and style on the addition should match the original.

c. Roof materials should also match as close as possible.

4. Second-Story Additions.

a. Because adding an additional story to an existing structure will always change the structure’s proportions, such additions should be carefully designed to follow similar two-story examples of the particular style that may be found in the surrounding neighborhood.

b. Integrating the new second-story addition into the original design of the structure may be easier if the addition is set back from the front facade so that it is less noticeable from the public right-of-way. (Ord. 06-2013 § 2(A) (Exh. B), 2013; Ord. 2003-02 § 3, 2003. Formerly 19.42.030).

19.42.050 Guidelines for infill development.

A. Purpose. These guidelines are intended to encourage new infill development in the historic overlay district to be compatible in scale and treatment with the existing, older development and to maintain the overall historic character and integrity of the community. At the same time, these guidelines are intended to promote the visual variety that is characteristic of Sonoma, to allow for contemporary architectural designs, and to provide reasonable flexibility in accommodating the tastes, preferences and creativity of applicants proposing new development, especially individual single-family homes. As stated in the 2020 General Plan:

Sonoma should continue to be characterized by variety in terms of land uses, building types, and housing, and this diversity should be consistent with preserving the town’s small-scale and historic character.

B. Guidelines for Compatibility. The single most important issue of new infill development is one of compatibility, especially when considering larger structures. When new structures are developed adjacent to older single-family residences, there are concerns that the bulk and height of the infill structures may have a negative impact on the adjoining smaller-scale structures. The following considerations are intended to address this concern:

1. Site Plan Considerations.

a. New development should continue the functional, on-site relationships of the surrounding neighborhood. For example, common patterns that should be continued are entries facing the public right-of-way, front porches, and garages/parking areas located at the rear of the parcel.

b. Front setbacks for new infill development should follow either of the following criteria:

i. Equal to the average front setback of all residences on both sides of the street within 100 feet of the property lines of the new project; or

ii. Equal to the average front setback of the two immediately adjoining structures on each side of the new project.

c. In cases where averaging between two adjoining existing structures is chosen, the new structure may be averaged in a stepping pattern. This method can work especially well where it is desirable to provide a large front porch along a portion of the front facade.

2. Architectural Considerations.

a. New infill structures should support the distinctive architectural characteristics of development in the surrounding neighborhood, including building mass, scale, proportion, decoration/detail, door and window spacing/rhythm, exterior materials, finished-floor height, porches, and roof pitch and style.

b. Because new infill structures are likely to be taller than one story, their bulk and height can impose on smaller-scale adjoining structures. The height of new structures should be considered within the context of their surroundings. Structures with greater height should consider providing greater setbacks at the second-story level, to reduce impacts (e.g., blocking or screening of air and light, privacy, etc.) on adjoining single-story structures.

c. The incorporation of balconies and porches is encouraged for both practical and aesthetic reasons. These elements should be integrated to break up large front facades and add human scale to the structures.

d. The proper use of building materials can enhance desired neighborhood qualities (e.g., compatibility, continuity, harmony, etc.). The design of infill structures should incorporate an appropriate mixture of the predominant materials in the surrounding neighborhood whenever possible. Common materials are brick, horizontal siding, shingles, stone, stucco, and wood.

e. Color schemes for infill structures should consider the color schemes of existing structures in the surrounding neighborhood in order to maintain compatibility and harmony. Avoid sharp contrasts with existing building colors.

3. Single-Family Residences.

a. The design of an individual single-family residence is typically of great significance to the homeowner. Changes required through the design review process should be the minimum necessary to achieve compatibility with the overall character of the historic overlay district.

b. Historic architectural styles (e.g., craftsman, Victorian, bungalow, etc.) are not mandated. However, contemporary architectural treatments proposed for new residences should complement and not detract from the qualities of the historic overlay district and the neighborhood setting of the proposed development.

c. To the extent that a proposed residence is not readily visible from a public street, other public vantage point, or a significant historic resource, greater design flexibility should be allowed.

4. Sustainable Construction Techniques.

a. Building forms that reduce energy use may be radically different than traditional architectural types. Careful and sensitive design is required in order to produce a contrast that is pleasing rather than jarring. The use of appropriate colors and textures on exterior materials is one method of linking a contemporary building design to a traditional neighborhood context.

b. Roof gardens, solar panels, and other sustainable construction features should be fully integrated into the design of new construction, rather than applied at the conclusion of the design process.

5. Accessory Structures.

a. New accessory structures (e.g., garages, second units, sheds, etc.) that are visible from the public right-of-way should incorporate the distinctive architectural features (e.g., color, materials, roof pitch and style, etc.) of the main structure.

b. Design features should be applied with less detail on the accessory structure so that it does not compete with the main structure and is clearly subordinate to it. (Ord. 06-2013 § 2(A) (Exh. B), 2013; Ord. 07-2007 § 1 (Exh. B), 2007; Ord. 2003-02 § 3, 2003. Formerly 19.42.040).

19.43.010 Purpose.

The intent of this chapter is to provide objective design standards for multifamily residential projects. Multifamily residential projects that are not consistent with one or more of the following standards shall be subject to design review in accordance with SMC 19.54.080. (Ord. 10-2025 § 2 (Exh. B), 2025; Ord. 08-2022 § 3(A), 2022).

19.43.020 Multifamily objective design standards.

A. General Requirements. Multifamily residential projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective zoning district in which the project is located, except as expressly provided in this chapter.

1. Allowed Uses. Allowed uses shall comply with Chapter 19.10 SMC (Zones and Allowable Uses).

2. Minimum Lot Size. The minimum size of any parcel shall be that specified for the zoning district in which the project is located.

3. Affordable Housing.

a. A complete application for a housing development project shall include a separate statement, signed by the applicant or owner of the parcel for which the housing development project is proposed, stating whether each new dwelling unit will be an ownership or rental unit, outlining the required affordable housing component, in compliance with Chapter 19.44 SMC (Affordable Housing and Density Bonuses).

b. The site plan shall demonstrate how the housing development project shall comply with Chapter 19.44 SMC (Affordable Housing and Density Bonuses). It shall clearly identify the location and affordability level of each affordable housing unit.

c. The owner of each newly created unit in the housing development project shall enter into an affordable housing agreement (AHA), in a form approved by the planning director and city attorney, assuring the continued affordability of each unit in perpetuity. Affordable rental units shall include a management and maintenance plan (addressing issues including but not limited to tenant screening; warning and eviction procedures; use and maintenance of patios, decks and other outdoor areas; quiet time; and the long-term maintenance of buildings and landscaping). The AHA must be executed and recorded prior to the issuance of any building permits.

4. On-Site Manager. Rental multifamily development projects of 11 units or more shall include a permanent on-site unit dedicated to an on-site manager.

B. Multifamily Objective Standards.

1. Neighborhood Compatibility.

a. Three-story multifamily structures adjacent to single-family homes shall use a minimum of one of the following techniques along the street frontage to reduce the perceived size of the structure:

i. Three-story structures shall place third-floor dwelling units within the roof form. The roof form shall be measured from the second floor wall plate. Third-floor units shall have a minimum eight-foot wall plate height.

ii. Third-floor dwelling units shall be set back an additional 10 feet from the second-floor wall line and shall have a maximum overall plate height of 30 feet.

iii. Three-story structures shall be wholly dedicated to multifamily residential units. Parking is not allowed as part of a three-story structure.

b. Residential projects located across the street from single-family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single-family homes. Parking lot areas and carports shall not be located along single-family neighborhood street frontages.

c. Multifamily dwellings abutting single-family neighborhoods shall include individual front doors that provide direct access to the dwelling. Stairs providing access to multiple units shall not be located on an exterior elevation facing a street.

2. Orientation.

a. Structures at the street shall have a front entry oriented to the street.

b. Structures that face two public streets shall provide an accessible entrance along each street, or a single corner entrance.

c. Structures not at the street shall be oriented to a shared interior space. Shared interior spaces include, but are not limited to: plazas and gathering areas, paseos, and internal pedestrian space.

d. Upper-floor balconies shall not be located along side walls within 10 feet of the property line.

3. Site Design.

a. Floor Area Ratio. Maximum floor area ratio for a multifamily residential project shall be that specified for the zoning district in which the residential project is located.

b. Site Coverage. Maximum site coverage for a multifamily residential project shall be that specified for the zoning district in which the project is located.

c. Setbacks. Required setbacks shall be that specified for the zoning district in which the multifamily residential project is located. Double frontage (lots that abut two nonintersecting and different streets) and corner lots (lots that abut two intersecting streets) shall address both street fronts. Street fronts shall be considered a front setback.

d. Multifamily residential development projects shall be broken into multiple buildings in order to reduce mass and bulk. No single building shall exceed 10 percent of the total site area for project site or 8,000 square feet, whichever is larger.

e. Laundry facilities (washer and dryer) shall either be provided in each unit or a shared laundry facility shall be provided.

4. Parking.

a. Multifamily residential projects shall not include parking spaces dedicated to specific units and shall not include garages.

b. Required parking space(s) shall not be obstructed and shall be independently accessible. Tandem parking is prohibited.

c. All parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping or some combination of the above. Landscaping used for screening purposes shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than four feet tall.

d. Parking areas are prohibited in the front and street-side setback areas. Parking may be located in interior side setback areas.

C. Structure Design.

1. General.

a. Each building shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (nonaccent) materials and colors.

b. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

2. Height.

a. The maximum height of the one-story unit shall be 18 feet above finished grade, measured from finished grade to the highest point of the roof. One-story walls shall not exceed a plate height of 12 feet above finished grade.

b. The height of a two-story structure shall not exceed 26 feet measured from the finished grade to the highest point of the roof. Two-story walls shall not exceed an overall plate height of 20 feet above finished grade and the plate height on any new second story shall not exceed eight feet.

c. The height of a three-story structure shall not exceed 36 feet measured from the finished grade to the highest point of the roof structure.

3. Structure Entries.

a. Structure entries at the street shall incorporate a waterproof projection (e.g., porch) or recess, or combination of projection and recess with minimum area of 50 square feet.

b. Entryways shall be visible from the nearest street or shared interior space and shall not be separated from these areas by vehicular parking, a wall, fence, or landscaping taller than three feet in height.

c. Paved or wooden deck surfaces that function as a porch, stoop, or unfenced patio may project up to 10 feet into the front setback area. These areas must be raised from the ground by a minimum of eight inches and a maximum of 18 inches.

4. Street-Facing Facade Transparency. Mixed-use structures with ground floor retail shall have windows that make up a minimum of 60 percent of the ground floor frontage.

5. Wall Modulation. Blank walls (walls without windows, recessed entryway or porch, or articulation) shall not exceed 20 feet in length. Walls that are not visible from public streets and neighboring residences are excluded from this requirement.

6. Open Space and Common Areas.

a. All multifamily residential projects shall provide permanently maintained outdoor open space for each dwelling unit (private open space) and for all residents (common open space). Unless different standards are applied through specific planning area regulations as set forth in Division III, Project Design, usable outdoor open space, not including required front or street-side yards, shall be provided as set forth in Table 1-1, below:

Table 1-1. Minimum Open Space Requirements for Multifamily Development

Type

Area Required

Common outdoor space:

300 square feet per dwelling unit

Private outdoor space:

Studio and one-bedroom units

75 square feet per dwelling unit

Two-bedroom units

150 square feet per dwelling unit

Three-bedroom units and larger

225 square feet per dwelling unit

b. Outdoor seating shall be provided at common usable open space areas and outside of laundry facilities.

c. Multifamily developments (except senior-restricted multifamily developments) exceeding 10 residential units shall have two outdoor areas, one for adults and one for a children’s play area, each totaling one percent of the project site. For the purpose of this standard, adult open space does not include play equipment, but does include tables with seating.

d. Multifamily developments (except senior-restricted multifamily developments) exceeding 20 residential units shall also include outdoor areas such as sports fields, playground equipment, or other recreational equipment totaling three percent of the site area.

e. Play equipment for children under the age of five shall be included in children’s play areas. The play area must be visible to as many units as possible to provide casual surveillance and be separated from traffic by fencing. Benches or picnic tables for adults that are accompanying younger children shall be provided.

7. Landscaping.

a. Street trees shall be planted in the city’s right-of-way, along the property frontages as required by the city engineer. All street trees (including their spacing, size, type and quantity) shall be consistent with the city’s tree planting program, including the master tree list.

b. Each parcel on which a multifamily residential project is permitted shall feature landscaped front yards with mature trees (minimum of three trees, each of 36-inch box size) and other shrubs (minimum of 10 shrubs, each of 15-gallon size).

c. A complete application for a multifamily residential project shall include a water conservation plan, which plan is subject to the approval of the city engineer. The plan shall include conservation measures for indoor and outdoor water use and shall be consistent with the city’s water conservation and landscape efficiency ordinances and policies.

d. A complete application for a multifamily residential project shall include a landscape plan which must comply with the city’s water efficient landscaping ordinance (Chapter 14.32 SMC) and SMC 19.40.100 (Screening and buffering), Chapter 19.46 SMC (Fences, Hedges, and Walls), and SMC 19.40.070 (Open space for multifamily residential projects) and 19.40.060 (Landscape standards).

8. Lighting.

a. A lighting plan shall be prepared and shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this section. Building-mounted decorative lights shall not exceed five foot-candles measured five feet from the light source.

b. Exterior lighting shall conform to the California Energy Standards and standards.

c. Lighting shall use light-emitting diodes (LEDs) and shall have a color temperature of a maximum of 3,000 Kelvin.

d. Lighting along pedestrian pathways shall not exceed eight feet in height.

e. Lighting in parking areas shall not exceed 15 feet in height.

f. Bicycle parking areas shall be illuminated.

g. Gateway entry signs, directional signs, and unit and structure identifiers shall be externally illuminated for visibility at night.

h. Backlit, internally illuminated, and halo signs are prohibited.

i. All exterior light fixtures shall be shielded and glare onto neighboring properties is prohibited.

j. Pole-mounted fixtures shall not exceed 15 feet in height and shall be equipped with light shields to eliminate light spillage beyond the project’s boundaries.

k. The level of light projected onto any ground or wall surface shall not be less than two foot-candles nor more than five foot-candles at the base of the light fixture. Pedestrian courts, plazas, and walkways shall have a light level at the ground surface of one foot-candle.

l. Light fixtures shall be designed, constructed, mounted, and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property lines of the subject parcel. The incident light level at a property line shall not exceed one foot-candle measured from finished grade to a height of 12 feet. The incident light level upon any habitable structure on an adjoining property shall not exceed 0.05 foot candle;

m. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two foot-candles and a maximum of three foot-candles at the ground level of the entrance.

9. Fences, Walls, and Hedges.

a. Fencing shall comply with SMC 19.40.100 (Screening and buffering) and Chapter 19.46 SMC (Fences, Hedges, and Walls).

b. Perimeter fencing utilized along public streets shall be constructed of wood, decorative iron, or pre-painted welded steel.

c. Vinyl and chain link fencing are prohibited.

10. Utilities.

a. Development Standards.

i. Private underground utility services, including water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in the residential development.

ii. All dwelling units in the residential development must be able to connect and shall connect to water, sewer, gas, and electricity services.

iii. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a residential project shall be installed underground, in addition to any utilities crossing the property line.

iv. Equipment appurtenant to underground facilities, including surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground.

v. HVAC shall be roof mounted.

vi. Ground-mounted utility meters, fire line detector check valves, backflow preventers, and mechanical equipment shall not be located in the front setback area and shall be located to the side or rear of structures.

vii. Utilities, mechanical equipment, and service areas shall not obstruct pedestrian pathways.

b. Screening.

i. Ground-mounted utility and mechanical equipment shall be screened from view from streets, parks, plazas, gathering areas, and structure entries.

ii. Approved screening includes building recesses, vine-covered walls or fences, trellises, or evergreen plant materials. Screening shall exceed the equipment in height by a minimum of one foot.

iii. Roof-mounted utility and mechanical equipment shall be screened from view behind parapets or recessed into hips, gables, or other building recessions.

11. Refuse.

a. Enclosure Requirement.

i. Bins, carts, and dumpsters for trash, yard waste, compost, and recycling shall be contained in covered refuse enclosures with an opaque gate. Developments with three or fewer units may be excluded from this requirement if the receptacles are kept in a lighted area separate from parking and pedestrian areas.

ii. Refuse enclosures shall be provided in the number, dimensions, and type required by the local waste hauler.

iii. Refuse containers are prohibited in the front, side, and rear setback areas and shall be located at least 20 feet from adjacent residences.

iv. Refuse areas shall be designed so that garbage trucks enter the property to pick up all garbage and recycle.

v. Refuse containers shall be prohibited on sidewalks and in the public right-of-way.

vi. Dumpster enclosures shall include wheel stops.

12. Screening. Refuse enclosures shall not be located within the front setback and shall be screened from view of the street behind opaque landscaping or fencing reaching a minimum of six feet in height. (Ord. 08-2022 § 3(A), 2022).

19.44.010 Purpose.

This chapter delineates city requirements pertaining to inclusionary affordable units. In addition, as required by state law (Government Code Section 65915), this chapter offers incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in SMC 19.44.040, Eligibility for bonus and incentives. The incentives include the ability to construct more residential dwelling units than normally allowed by the applicable General Plan designation and zoning district, and other incentives and concessions provided by this chapter. In offering these incentives and concessions, this chapter is intended to implement the requirements of state law (Government Code Sections 65302, 65913, and 65915 et seq.). (Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003).

19.44.020 Inclusionary units.

A. Applicability. The provisions of this section shall apply to any discretionary or ministerial approvals for new residential and the residential component of mixed-use development projects.

B. Exemptions. The following shall not be subject to the provisions of this section:

1. Existing residences that are altered, improved, restored, repaired, expanded or extended; provided, that the number of dwelling units is not increased and that the existing floor area of the dwelling is not increased by 850 square feet or more. These units will be subject to a fee per square foot for any increase in square footage greater than 850 square feet.

2. New dwelling units of 850 square feet or less.

3. Accessory dwelling units (ADUs) constructed pursuant to SMC 19.50.090 (Accessory dwelling units).

C. Inclusionary Requirements.

1. A development containing five or more parcels or units shall provide the following affordable housing units:

a. Rental Projects. A rental project shall provide that at least 25 percent of the total parcels and/or units are rental units that are affordable to households in the extremely low, very low, and low income categories. The required number of affordable units shall be provided as follows:

i. Five percent for rent to households earning not more than extremely low income (ELI) household category;

ii. Ten percent for rent to households earning not more than very low income (VLI) household category;

iii. Ten percent for rent to households earning not more than low income (LI) household category;

The first required unit shall be provided at the ELI household category, the second shall be VLI, third required unit shall be LI, and the fourth unit shall be middle income and so forth repeated.

b. Ownership Projects. An ownership project shall provide that at least 25 percent of the total parcels and/or units are ownership units that are affordable to households in the low, moderate, and middle income categories. The required number of affordable units shall be provided as follows:

i. Five percent for sale to households earning not more than low income (LI) household category;

ii. Ten percent for sale to households earning not more than moderate income (M) household category; and

iii. Ten percent for sale to households earning not more than middle income (MI) household category.

The first required unit shall be provided at the LI household category, the following unit shall be provided at moderate income household category, followed by a unit at the middle income household category and so forth repeated.

2. A development containing four or fewer parcels or units shall pay a fee pursuant to SMC 19.44.030 – In-lieu fees.

D. Fractional Units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is 0.50 or more. If the result includes a fraction below 0.50, the developer shall have the option of rounding up to the next whole number and providing the affordable unit on site, or paying an in-lieu fee instead of providing an additional affordable unit.

E. Replacement Units. If a proposed residential project would result in the elimination of existing deed-restricted affordable dwelling units, the affordable dwelling units must be replaced on a one-for-one basis with equal affordability restrictions.

F. Inclusionary Unit Development Standards. Each housing unit that is constructed to provide affordable housing in compliance with this section shall comply with all of the following standards:

1. Timing of Construction. Affordable units shall be constructed concurrently with the other units in the project. Where construction phasing is necessary, each phase shall provide the same ratio of lower or moderate income units to the market rate or other unrestricted units in the phase as that required for the development as a whole.

2. Location Within Overall Development. Affordable units shall be integrated into the overall project design and distributed throughout the development.

3. Unit Size.

a. The average floor area of each individual affordable unit shall be at least 75 percent of the average floor area of rental units in the development and the same number of bedroom as the market rate units.

b. The mix of unit sizes and numbers of bedrooms in the affordable units shall be similar to the mix of unit sizes and bedroom counts provided in the development as a whole; except that the affordable units may have less floor area than the market rate units to assist in achieving affordability, provided the units comply with the average floor area requirement in subsection (F)(3)(a) of this section.

4. Exterior Appearance. Exterior appearance and quality of the affordable units shall be the same as the market-rate units, with exterior materials and appointments similar to, and architecturally compatible with, the market-rate units in the development.

5. Upgrades. A developer shall not offer upgrades of materials to renters or buyers of affordable dwelling units where the upgrades would increase the total price paid by the buyer to the developer, or total rent paid by the tenant, for the affordable dwelling unit to above the specified affordable rent or sales price.

6. Residents of inclusionary units shall have access to the project’s common open spaces or recreational amenities.

7. Accessory dwelling units shall not be counted toward meeting a project’s inclusionary housing requirements.

8. Inclusionary units may be for-sale or rental units. This determination shall be stated in the project narrative and noted on the site plan reviewed and approved by the planning commission. A rental project shall provide rental affordable housing units and an ownership project shall provide ownership affordable housing units. Conditions of approval regarding the affordable housing units shall clearly identify if the units are for-sale or rental units. (Ord. 06-2021 § 1, 2021; Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003).

19.44.030 In-lieu fees.

As provided in SMC 19.44.020(C)(2), an in-lieu fee may be paid instead of providing affordable units in a residential project of four or fewer units. Additionally, as provided in SMC 19.44.020(D), if the number of affordable units results in a fractional unit below 0.50 an in-lieu fee may be paid instead of providing an affordable unit. In-lieu fees shall be paid prior to issuance of the building permit(s) for the project. The in-lieu fees shall be paid into the city’s housing trust fund, earmarked for the advancement and development of very low, low, and moderate income housing. The city council shall, from time to time, adopt a resolution setting forth the amount of the fees. (Ord. 06-2021 § 1, 2021).

19.44.040 Eligibility for bonus and incentives.

A developer of a housing development in the city may be permitted a density bonus and incentives in accordance with the provisions of California Government Code Sections 65915 through 65918 (State Density Bonus Law), subject to the processing requirements set forth in SMC 19.44.080. (Ord. 06-2021 § 1, 2021; Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003. Formerly 19.44.025).

19.44.050 Types of bonuses and incentives allowed.

A qualifying residential development project shall be entitled to the following density bonus and other incentives. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of this development code, the planning commission is authorized to waive or modify development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled.

A. Density Bonus.

1. Minimum Percentage Required. The density bonus allowed by this chapter shall consist of a percentage increase in the number of dwelling units normally allowed by the General Plan designation and zoning district applicable to the parcel as of the date of filing for the development project application. The percentage increase shall be calculated in accordance with Government Code Section 65915(f). Inclusionary units required pursuant to SMC 19.44.020 shall be included when calculating a density bonus.

2. Only One. A single development project shall not be granted more than one density bonus in compliance with this chapter.

B. Incentives. A qualifying residential development project shall be entitled to incentives and/or concessions as provided for by state law (Government Code Section 65915(k)):

1. Reduction in Standards. A modification (reduction or increase) of the site development standards of this development code (e.g., parking design requirements, setbacks, site coverage, zero lot line and/or reduced parcel sizes, etc.) that would result in identifiable, financially sufficient, and actual cost reductions;

2. Mixed Use Zoning. Approval of mixed use zoning in conjunction with the residential development project if nonresidential land uses would reduce the cost of the project, and the nonresidential land uses would be compatible with the project and surrounding development;

3. Other Incentives. Other regulatory incentives or concessions proposed by the developer or the city that would result in identifiable, financially sufficient, and actual cost reductions; and

4. Alternative Parking Ratios. Use of the parking ratios that result in a parking reduction in excess of that provided in the parking standards set forth in Government Code Section 65915(c). (Ord. 06-2021 § 1, 2021; Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003. Formerly 19.44.030).

19.44.060 Continued availability.

A. Duration of Affordability Requirement. Affordable units shall be legally restricted to occupancy by households of the income levels for which the units were designated in perpetuity.

B. Affordability Agreement. Affordability shall be guaranteed through an “affordability agreement” executed between the developer and the city (on a standard “for sale” or “rental” form approved by the city council). The project-specific affordability agreement shall be approved by the city attorney and planning director particular to the project. The agreement shall be recorded on the subject property with the county recorder’s office before the issuance of building permits and shall become effective before final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include the following items:

1. Number and Duration. The number of, and duration of the affordability for, the affordable units;

2. Monitoring Affordability. The method in which the developer and the city are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement;

3. Marketing of Units. The method in which vacancies would be marketed and filled;

4. Location and Type. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and

5. Standards for Incomes and Rents/Sales Prices. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices consistent with the most recently adopted affordability policies of the city of Sonoma and Section 50053 of the Health and Safety Code. (Ord. 01-2023 § 1(C), 2023; Ord. 06-2021 § 1, 2021; Ord. 03-2016 § 5, 2016; Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003. Formerly 19.44.040).

19.44.070 Location of inclusionary and bonus units.

As required by state law (Government Code Section 65915(g)), the location of density bonus units within the qualifying project may be at the discretion of the developer. Normally, inclusionary affordable units should be reasonably dispersed throughout the development and should be compatible with the design or use of the market-rate units in terms of appearance, materials, and finish quality. The clustering of affordable units may be permitted by the planning commission, when consistent with the design and site planning characteristics of a particular development. (Ord. 06-2021 § 1, 2021; Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003. Formerly 19.44.050).

19.44.080 Processing of density bonus/incentive requests.

A. Eligibility. To be eligible for consideration of a density bonus and related incentives, an application for a state density bonus shall be submitted with the first application for approval of a housing development and shall be processed concurrently with all other applications required for the housing development. At a minimum, the following information shall be provided:

1. A site plan showing the total number and location of all proposed housing units and the number and location of proposed housing units which qualify the housing development for density bonus housing units.

2. The manner in which the applicant shall satisfy the affordability requirements for the housing units which qualify the housing development for density bonus units.

3. A description of any requested incentives and concessions, waivers or modification of development standards, or modified parking standards. For all incentives and concessions, except mixed use development, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall include evidence that the waiver or modification is necessary to make the housing units economically feasible and that the development standard from which a waiver or modification is requested will have the effect of precluding the construction of the housing development at the densities to which the applicant is entitled pursuant to this article and with the concessions and incentives permitted by this chapter.

B. Approval of Incentives. Reductions in development standards for developments featuring density bonus units may be approved by the planning commission. The provision of any other incentives shall be subject to the approval of the city council. The council or commission shall approve the above incentives or concessions, notwithstanding any other provisions of this chapter, unless it makes written findings in compliance with state law (Government Code Section 65915(d)). (Ord. 06-2021 § 1, 2021; Ord. 02-2014 § 1 (Exh. A), 2014; Ord. 2003-02 § 3, 2003. Formerly 19.44.060).

19.45.010 Purpose.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22 and to encourage the development of affordable housing. (Ord. 04-2023 § 1(B), 2023).

19.45.020 Effect of conforming.

An ADU or JADU that conforms to the standards in this chapter will not be:

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

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

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

D. Required to correct a nonconforming zoning condition. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. (Ord. 04-2023 § 1(B), 2023).

19.45.030 General ADU and JADU requirements.

A. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence; provided, however, that construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

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

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

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

E. Owner Occupancy.

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

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

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

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

2. Owner-occupancy is required for parcels with a JADU, consistent with subsection (E)(2) of this section.

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

5. The deed restriction is enforceable by the planning and community services director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (Ord. 04-2023 § 1(B), 2023).

19.45.040 ADU permit development standards.

The following requirements apply only to ADUs that require an ADU permit under SMC 19.45.060(B):

A. Maximum Size.

1. The maximum size of a detached or attached ADU requiring an ADU permit is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.

2. Application of other development standards may further limit the size of the ADU, but the application of development standards that impose limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size shall not require an attached or detached ADU to be less than 800 square feet with a minimum four-foot side and rear yard setback.

B. Floor Area Ratio (FAR) and Site Coverage. An ADU shall conform to all site coverage and floor area ratio regulations applicable to the zoning district in which the property is located but no application of FAR or site coverage standards requirements may require the ADU to be less than 800 square feet.

C. Setbacks.

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

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

3. Front and street-side setbacks shall comply with those established in the zoning district where the parcel is located. Detached accessory dwelling units shall comply with front and street-side setback restrictions for accessory structures while attached accessory dwelling units shall comply with front setback restrictions for primary structures. However, where the imposition of front or street-side setbacks under this subsection would prohibit the development of an ADU of at least 800 square feet on the parcel, front and street-side setbacks shall be a minimum of four feet.

D. Height.

1. Lots With an Existing or Proposed Single-Family Dwelling Unit.

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

b. An attached ADU shall not exceed the maximum allowable height of the primary dwelling as allowed by the underlying zoning development requirements.

c. A two-story detached ADU shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.

2. Lots With a Proposed or Existing Duplex or Multifamily Dwelling Unit.

a. A detached accessory dwelling unit shall not exceed 18 feet on a lot with an existing or proposed multifamily, multistory dwelling.

b. A single-story detached ADU shall not exceed 16 feet in height above grade, measured to the peak of the structure.

c. An attached ADU may not exceed the height of the primary dwelling as allowed by the underlying zoning development requirements.

d. A two-story detached ADU shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.

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

F. Lighting shall be shielded or directed so that it does not glare off site or illuminate any dwelling unit or adjacent property.

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

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

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

J. Fees.

1. Impact Fees.

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

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

2. Utility Fees.

a. Converted ADUs and JADUs on a single-family lot, created under SMC 19.45.060(A)(1), are not required to have a new or separate utility connection directly between the ADU or JADU and the utility main. A connection fee or capacity charge shall not be required unless the ADU or JADU is constructed with a new primary dwelling.

b. All ADUs and JADUs not covered by subsection (J)(2)(a) of this section require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the California Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. (Ord. 04-2023 § 1(B), 2023).

19.45.050 Reserved.

(Ord. 04-2023 § 1(B), 2023).

19.45.060 Approval process.

A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in SMC 19.45.030 (General ADU and JADU requirements), it is allowed with only a building permit in the following scenarios:

1. ADU Established from Existing Converted Space – Single-Family. Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

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

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

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

2. New Detached ADU – Single-Family. One detached, new-construction ADU on a lot with a proposed or existing primary residence (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) of this section), if the detached ADU satisfies the following limitations:

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

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

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

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

4. New Detached ADU – Multifamily and Duplexes. No more than two detached ADUs on a lot that has an existing or proposed duplex or multifamily dwelling if each detached ADU satisfies the following limitations:

a. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection.

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

c. Complies with the height limit in SMC 19.45.040(D)(2)(a) or (b).

B. ADU Permit Required.

1. Except as allowed under subsection (A) of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in SMC 19.45.030 (General ADU and JADU requirements) and 19.45.040 (ADU permit development standards).

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

C. Process and Timing.

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

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

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

b. In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing. (Ord. 04-2023 § 1(B), 2023).

19.45.070 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in SMC 19.45.010 through 19.45.060 may be allowed by the city with a use permit, in accordance with the other provisions of this title. (Ord. 04-2023 § 1(B), 2023).

19.45.080 Termination of permit and use for ADUs and JADUs.

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

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

C. As a condition of termination, the planning and community services director shall require the owner to make modifications to the property to comply with: (1) current building code requirements and (2) current development standards in effect at the time the request is made to terminate use, including but not limited to setbacks, height, parking and floor area. The owner shall apply for a building permit to make such modifications as required by the city’s building and fire codes. (Ord. 04-2023 § 1(B), 2023).

19.45.090 Violations and enforcement.

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

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

1. Revocation of the ADU or JADU permit;

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

3. In any civil enforcement action, the city is entitled to recover attorneys’ fees and costs from an owner who is determined to have an illegal ADU or JADU, or is in violation of this chapter. (Ord. 04-2023 § 1(B), 2023).

19.46.010 Purpose.

This chapter establishes requirements for fences, hedges, and walls to ensure that these features do not block views and sunlight, provide adequate buffering between different land uses, provide screening of outdoor uses and equipment, and are designed and appropriately maintained to provide aesthetic enhancement of the city. (Ord. 2003-02 § 3, 2003).

19.46.020 Applicability.

The provisions of this chapter apply to all fences, hedges, and walls unless otherwise stated. (Ord. 2003-02 § 3, 2003).

19.46.030 General height limitations.

A. Maximum Heights. Fences, hedges, and walls (except retaining walls) may be constructed to the heights shown in Table 4-3. See also SMC 19.46.040, Height limitations for retaining walls.

B. Modifications to Fence Height Standards. The planning commission may modify the fence height standards referenced in subsection (A) of this section, subject to the approval of a use permit (SMC 19.54.040) and in compliance with the provisions of this section.

C. Findings and Decision. The applicant shall demonstrate, to the satisfaction of the planning commission, that the following findings are met in addition to those required for all conditional use permits (SMC 19.54.040(E)):

1. That the fence will be compatible with the design, appearance, and physical characteristics of the site and other existing structures in the surrounding neighborhood;

2. That the height, orientation, and location of the fence is in proper relation to the physical characteristics of the site and surrounding properties;

3. That the fence will be a planned architectural feature and would not dominate the site or overwhelm surrounding properties, structures, or passersby; and

4. That the fence will be of sound construction and located so as not to cause a safety hazard.

Table 4-3. Maximum Height of Fences, Hedges and Walls

Location

Maximum Height

Rear and interior setbacks

7 feet1

Front and street-side setbacks2

3.5 feet

At intersections of streets, alleys, and driveways within traffic safety sight areas

30 inches if solid; otherwise the maximum height normally allowed, if the fence material is 75% open (e.g., lattice).

Notes:

1.An additional one foot of height is allowed (to a maximum of eight feet tall), but all fencing material above seven feet in height shall be open grill or latticework, or a similar open design allowing light and air to pass through at least 40 percent of the fencing material.

2.Unless additional height is granted through a conditional use permit (SMC 19.54.040)

(Ord. 2003-02 § 3, 2003).

19.46.040 Height limitations for retaining walls.

A. Maximum Height – Six Feet. Retaining walls shall not exceed a height of six feet measured from the finished grade at the base of the wall. The city planner may approve additional height up to one foot in consideration of varying topographical features.

B. Fence or Wall Topping.

1. Wall for a Cut in Grade. Where a retaining wall protects a cut below the finished grade and is located on a front, side, or rear property line, the retaining wall may be topped by a fence or wall of the same height that would otherwise be allowed if no retaining wall existed.

2. Wall for a Fill of Grade. Where a retaining wall contains a fill, the height of the retaining wall shall be considered as contributing to (counting towards) the allowable height of a fence or wall.

3. Safety Protection. Regardless of the height of the retaining wall, an open-work, non-view-obscuring fence may be erected at the top of the retaining wall for safety protection to a maximum height of 42 inches.

C. Located within Setback.

1. Setback. Where a wall or fence is located in a required setback area adjacent to a retaining wall containing a fill, in compliance with SMC 19.40.110, Setback regulations and exceptions, the wall or fence shall be set back from the retaining wall a distance of one foot for each one foot in height.

2. Landscaping. The area between the wall or fence and the retaining wall shall be landscaped and continuously maintained in good condition. (Ord. 2003-02 § 3, 2003).

19.46.050 Measurement of fence or wall height.

A. Determination of Height. Where there is a difference in the ground level between two adjoining parcels of less than two feet, the height of a fence or wall constructed along the property line shall be determined by using the finished grade at the base of the fence or wall on the highest parcel.

B. Determination by Building Official. When there is a difference in the ground level between two adjoining parcels of two feet or more, the height of a fence or wall shall be determined by the building official.

C. Averaging.

1. Variations. To allow for variation in topography, the height of a fence or wall may vary up to six inches.

2. Average Finished Grade. The variation shall be dependent on the average finished grade which shall be determined by adding to the lowest grade adjacent to the fence or wall, one-half of the difference in elevation of the grade on each side of the fence.

3. Maximum Height. The average height of a fence or wall shall not exceed the maximum height allowed. (Ord. 2003-02 § 3, 2003).

19.46.060 Special wall and fencing requirements.

A. Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and other similar features shall be fenced in compliance with requirements of the city’s adopted Uniform Building Code.

B. Outdoor Equipment, Storage, and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with SMC 19.40.100, Screening and buffering, and SMC 19.50.060, Outdoor dining, display, and sales standards.

C. Temporary Fencing. Temporary fencing used during site preparation and construction shall be subject to the approval of the city planner. (Ord. 2003-02 § 3, 2003).

19.46.070 Special wall and fencing guidelines.

A. Fence and Wall Design. In new development for which architectural review is required (see SMC 19.54.080), the review authority shall make reference to the following guidelines:

1. Uniformity Required. Fence or wall designs should be consistent throughout a multifamily or nonresidential development, or single-family subdivision, although multiple designs may be employed in large projects.

2. Mix of Materials Required. The design should include a mix of materials and finishes that are compatible with the overall design of the project.

3. Articulation Required. Perimeter fences and walls adjoining public rights-of-way should be articulated. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.46.080 Restrictions on fence materials.

A. Security Fences. Barbed wire, electrified, or razor wire fences, and other similar types of security fences are prohibited in all residential zoning districts and on commercial properties adjoining a residential zoning district. The use of such fence materials on commercial properties that do not adjoin a residential zoning district shall be subject to use permit review, in compliance with SMC 19.54.040.

B. Chain-Link. Except for temporary fencing associated with construction, the use of chain-link fencing shall not be allowed on a residentially zoned or developed property within a required setback adjoining public rights-of-way. (Ord. 2003-02 § 3, 2003).

19.46.090 Authority to waive or modify requirements.

The planning commission may waive or modify the requirements of SMC 19.46.080, Restrictions on fence materials, in compliance with the provisions of SMC 19.54.040, Use permits, for nonresidential projects where evidence is presented that a higher degree of security is required and that the security may only be achieved through the use of barbed wire or similar security-type fencing materials. (Ord. 2003-02 § 3, 2003).

19.48.010 Purpose.

This chapter provides off-street parking and loading standards to:

A. Provide for the general welfare and convenience of persons within the city by ensuring adequate off-street parking and loading facilities to meet the needs generated by specific uses;

B. Increase public safety by reducing congestion on public streets;

C. Ensure access and maneuverability for emergency vehicles; and

D. Provide adequate loading facilities to reduce the use of public streets for loading purposes. (Ord. 2003-02 § 3, 2003).

19.48.020 Applicability.

Every use, including a change or expansion of a use or structure, shall have off-street parking and loading facilities in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed. (Ord. 2003-02 § 3, 2003).

19.48.030 General parking regulations.

A. Parking and Loading Spaces to Be Permanent. Required parking and loading spaces shall be permanently available, marked, and maintained for parking or loading purposes and shall be located on the site they are intended to serve unless otherwise approved by the planning commission. Parking facilities approved to be located off site shall be located within 600 feet of the use they are intended to serve. Where stormwater runoff management, detention, or infiltration is a requirement, parking facilities approved to be located off site shall be included in all associated runoff calculations.

B. Parking and Loading to Be Unrestricted. Owners, lessees, tenants, or persons having control of operation of a premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit, or restrict authorized persons from using those spaces, except that temporary restrictions may be allowed subject to the approval of the city planner.

C. Existing Parking. Existing parking or loading spaces shall not be reduced to an amount below that which is required by this chapter. The city planner may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for a period of not more than 30 days. Longer periods may be allowed with the approval of a temporary use permit (SMC 19.54.030).

D. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaped areas shall be kept free of dust, graffiti, and litter; and striping, paving, walls, light standards, and all other facilities shall be permanently maintained.

E. Use of Commercial Parking. Parking developed under this chapter for commercial uses shall be available for use by the general public during business hours without charge and without reservation by individual tenant space, unless otherwise authorized by the planning commission. (Ord. 06-2023 § 1(A), 2023; Ord. 05-2015 § 6, 2015; Ord. 2003-02 § 3, 2003).

19.48.040 Number of parking spaces required.

Each land use shall provide at least the minimum number of off-street parking spaces found to be required by this chapter, except where a greater number of spaces is required through approval of a discretionary permit or a parking reduction is granted in compliance with SMC 19.48.050, Adjustments to parking requirements.

A. Parking Requirements by Land Use. The minimum number of parking spaces to be provided for each use shall be in compliance with Table 4-4 and the following requirements. Additional spaces may be required for company-owned vehicles or through entitlement approval.

B. New Developments. All new developments, except an expansion of an existing structure (see subsection (D) of this section), shall provide parking and loading spaces as required by Table 4-4 or as may be modified by SMC 19.48.050(B), Shared Use of Parking Facilities.

C. Change to Similar Use. When the use of a structure changes to a use that requires the same number of parking spaces as the immediately previous use, the number of required parking spaces for the new use shall remain the same, regardless of the number of spaces actually provided by the previous use; provided, that the previous use was legally established and no spaces were subsequently eliminated.

D. Expansion of Structure or Change in Use. When a structure is enlarged or increased in capacity, or when a change in use requires more parking than the previous use, additional parking spaces shall be provided in compliance with this chapter. The number of parking spaces required for an addition to a structure shall be based on the parking requirement associated with the entire structure.

Table 4-4. Parking Requirements by Land Use 

Land Use Type:

Manufacturing, Processing, and Warehousing

Vehicle Spaces Required

General manufacturing, industrial and processing uses

One space for each 1,000 sq. ft. of gross floor area. The gross floor area may include incidental office space comprising less than 20% of the total gross floor area. Parking requirements for additional office space shall be calculated separately as provided by this table for “Offices.”

Recycling facilities

Determined by use permit.

Research and development, laboratories

One space for each 1,000 sq. ft. of gross floor area, plus one space for each company vehicle.

Warehouses and storage facilities

One space for each 2,500 sq. ft. of gross floor area. The gross floor area may include incidental office space comprising less than 20% of the total gross floor area. Parking requirements for additional office space shall be calculated separately as provided by this table for “Offices.”

Land Use Type:

Recreation, Education, Public Assembly

Vehicle Spaces Required

Child day care centers (nursery schools)

One space for each 10 children, plus permanent drop-off area as approved by the city planner.

Large family day care homes

One space for each employee present at peak hour, in addition to the required residential spaces.

Religious facilities, and mortuaries, meeting halls, and performance theaters

One space for each 300 sq. ft. of gross floor area.

Indoor arcades, amusement centers

One space for each 300 sq. ft. of gross floor area.

Health/fitness clubs

One space for each 300 sq. ft. of gross floor area.

Libraries, museums, art galleries, and similar nonassembly cultural uses

Determined by commission based on location, nature, and frequency of use.

Outdoor recreation, playgrounds, playing fields, and parks

Determined by commission based on location, nature, and frequency of use.

Schools (private) elementary/junior high

One space for each employee present at peak hour.

High school

One space for every four students.

Trade and business schools

One space for every four students.

Studios for dance and art

One space for each 300 sq. ft. of gross floor area.

Land Use Type:

Residential Uses

Vehicle Spaces Required

Group quarters (including boarding houses, rooming houses, and dormitories)

One-half space for each bed.

Duplex housing units

One space for each unit.

Mobile homes (in mobile home parks)

One space for each mobile home.

Multifamily dwellings, condominiums and other attached dwellings

One space for each studio and one-bedroom unit; one and one-half spaces for units with two bedrooms or more. No covered parking shall be required.

Mixed use developments

Determined by use permit.

Live-work developments

One and one-half spaces for each unit.

Accessory dwelling units

None required.

Accessory dwelling units, junior

None required.

Senior housing projects

One space for each two units.

Senior congregate care facilities

One-third space for each residential unit, plus one space for each four units for guests and employees.

Single-family housing

One space in a garage or carport per unit.

Land Use Type:

Retail Trade

Vehicle Spaces Required

Appliance, building materials, furniture, bulk goods, and plant nurseries

One space for each 1,000 sq. ft. of gross floor area.

Automobile, construction equipment, mobile home, machinery, and parts sale

One space for each 500 sq. ft. of gross floor area.

Convenience stores

One space for each 300 sq. ft. of gross floor area.

Restaurants (except fast food), cafes, cafeterias, nightclubs, taverns, lounges, wine bar/tap rooms, or similar establishments for the consumption of food and beverages on the premises

One space for each 300 sq. ft. of gross floor area. For outdoor seating, no off-street parking shall be required.

Retail sales/general merchandise

One space for each 300 sq. ft. of gross sales area.

Sidewalk seating

None required.

Wine tasting facilities

One space for each 300 sq. ft. of gross sales area. For outdoor seating, no off-street parking shall be required for up to 50% of the indoor gross floor area.

Land Use Type:

Service Uses

Vehicle Spaces Required

Banks and financial services

One space for each 500 sq. ft. of gross floor area.

Bed and breakfast establishment

One space for each guest room, plus one space for resident manager.

Copy and reproduction centers

One space for each 1,000 sq. ft. of gross floor area.

Consumer products – repair and maintenance

One space for each 500 sq. ft. of gross floor area.

Equipment rental

One space for each 500 sq. ft. of floor area.

Hotels and motels

One space for each guest room, plus one space for each two employees on the largest shift, plus required spaces for accessory uses.

Medical services, clinics, medical/dental offices

One space for each 500 sq. ft. of gross floor area.

Extended care (convalescent hospitals, nursing homes, and residential care homes)

One space for each four beds the facility is licensed to accommodate.

Hospitals

One space for each patient bed the facility is licensed to accommodate, plus required spaces for ancillary uses as determined by the city planner.

Medical/dental labs

One space for each 300 sq. ft. of gross floor area.

Offices, administrative, corporate

One space for each 500 sq. ft. of gross floor area.

Pet grooming

One space for each 500 sq. ft. of gross floor area.

Personal services: barber/beauty shops (and other personal services)

One space for each 500 sq. ft. of gross floor area.

Dry cleaning pick-up facilities

One space for each 750 sq. ft. of gross floor area.

Laundromats

One space for each 300 sq. ft. of gross floor area.

Service stations

One space for each 300 sq. ft. of gross floor area; plus three spaces for each service bay, plus additional spaces for food service or convenience market.

Storage, personal storage facilities

One space for every 100 storage units.

Vehicle repair and maintenance/repair garage

One space for each 500 sq. ft. of gross floor area.

Full-service vehicle washing

Four spaces, plus one space for each wash lane or drying area, plus queuing area for vehicles ahead of each lane.

Vacation rental

One space per bedroom.

Veterinary clinics and hospitals

One space for each 400 sq. ft. of gross floor area.

E. Structures Demolished and Replaced. When a structure (or a portion of a structure) is intentionally demolished, any new use or structure shall provide the number of parking spaces required by this chapter, except that if a designated unreinforced masonry building is demolished, the new structure or use shall be required to provide only the number of parking spaces that existed prior to the demolition.

F. Existing Structures in the Plaza Retail Overlay District and Existing Unreinforced Masonry Structures. Existing structures located in the plaza retail overlay district and unreinforced masonry structures designated by the city in compliance with Government Code Section 8875 et seq. shall be credited parking at a rate of one space per 300 square feet of gross floor area. Additional parking shall not be required for a new use unless the new use results in one of the following:

1. An increase in the square footage of the structure; or

2. An off-street parking requirement that exceeds one parking space for each 300 square feet of floor area as outlined in Table 4-4.

Additional off-street parking shall only be required for the expansion in building area or as associated with the increased parking ratio, as applicable.

G. Additional Parking Spaces Not Required. An addition to a structure made solely for the purpose of increasing access for disabled persons shall not require the provision of additional parking spaces.

H. Compact Parking Spaces. A maximum of 30 percent of the required parking spaces for multifamily, commercial, and industrial uses may be compact spaces.

I. Multi-Tenant Sites. A site with multiple tenants or activities shall provide the aggregate number of parking spaces required by this chapter for each separate use, except where shared parking may be allowed in compliance with SMC 19.48.050(B), Shared Use of Parking Facilities.

J. Uses Not Listed. Land uses not specifically listed by subsection (A) of this section shall provide parking as required by the applicable review authority. The requirements of subsection (A) of this section shall be used as a guide in determining the minimum number of off-street parking spaces to be provided.

K. Rounding of Quantities. When calculating the number of parking spaces required, fractional spaces equal to or greater than one-half shall be rounded up to the nearest whole number and fractions less than one-half shall be eliminated.

L. Bench or Bleacher Seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be construed to be 20 inches of continuous bench space for the purpose of calculating the number of required parking spaces.

M. Space-Efficient Parking. Space-efficient parking, defined as parking in which vehicles are stored and accessed by mechanical stackers or lifts, automated parking systems, tandem spaces, or other space-efficient means, may be used to fulfill off-street parking requirements for spaces serving long-term parkers (e.g., employees and residents). Parking spaces may be space-efficient except for spaces required and specifically designated for persons with disabilities unless designed in compliance with the Americans with Disabilities Act. Space-efficient parking must be approved by the director of community development based on a proposed parking operations plan supplied by the applicant. (Ord. 06-2023 § 1(A), 2023; Ord. 01-2017 § 1 (Exh. B), 2017; Ord. 03-2014 § 3, 2014; Ord. 2003-02 § 3, 2003).

19.48.050 Adjustments to parking requirements.

A. General Reduction of Requirements.

1. Modification of Standards. Except for parking space dimensions governed by SMC 19.48.070, the planning commission may modify the off-street parking requirements outlined in this chapter in compliance with SMC 19.54.050, Exceptions.

2. Second Uses. Parking requirements for a second use within a single building (e.g., a restaurant in a hotel or a shop within a sports facility) may be reduced by up to one-half the normal parking requirement upon the determination by the planning commission that a reduction is justified.

3. Mixed Uses. Parking requirements for commercial and residential mixed uses located in a commercial zone may be reduced upon determination by the planning commission that a reduction is justified. If required by the planning commission, a parking demand study, prepared by an independent engineer or planner, shall be provided by the applicant which presents justification for the requested modification.

B. Shared Use of Parking Facilities. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number of parking spaces may be approved by the planning commission; provided, that the most remote space is located within 600 feet of the use it is intended to serve. The amount of reduction may be up to the amount of spaces required for the least intensive of the uses sharing the parking. It shall be the responsibility of the applicant to provide sufficient data, including a parking study if required by the planning commission, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities. The property owners involved in the joint use of parking facilities shall record an agreement, approved by the city attorney, with the county recorder. A copy of the agreement shall be filed with the city planner.

C. In-Lieu Parking Fee. The off-street parking requirements in SMC 19.48.040 may be satisfied partially or in full through the payment of an in-lieu parking fee. The in-lieu parking fee program shall be administered as follows:

1. Establishment of Amount of Fee. The amount of the in-lieu parking fee shall be set by resolution of the city council. The city council may adjust the fee at its discretion as frequently as is deemed necessary based on factors including, but not limited to, inflation, the cost of providing new parking spaces, and the market value of parking spaces.

2. Determination of Eligibility. The planning commission may allow a payment into the in-lieu parking fund as an alternative to providing all or a portion of the required parking spaces on site if it can be demonstrated to the satisfaction of the planning commission that one or more of the following conditions apply:

a. It is infeasible to provide the required parking spaces on site due to the size, shape, or topography of the site, or other special circumstances pertaining to the property;

b. Providing the required parking spaces on site is detrimental to the pedestrian nature of the area;

c. The uses proposed for the project do not require parking to be on the project site;

d. Encouraging users of the project site to walk from off-site parking to the project site would be beneficial to the downtown district; or

e. The existing and planned parking supply in the vicinity of the project site is adequate.

3. Payment of Fee. If the planning commission approves an in-lieu parking fee request, such payment shall be made to the city in one lump sum before the issuance of a building permit or, if a building permit is not required, within 45 days of request by the city for payment. The in-lieu parking fee shall be a one-time only, nonrefundable payment and shall be considered full satisfaction of the off-street parking requirement for the number of parking spaces for which the fee was paid.

4. Effect of Payment. In-lieu parking fees shall be used exclusively for improvements including, but not limited to, bicycle and pedestrian enhancements, improved transit access, or additional parking spaces. If allowed, in-lieu parking fees are solely an alternative means of satisfying the applicant’s obligation to provide off-street parking as required by this chapter and payment of the in-lieu parking fee does not carry any other guarantees, rights, or privileges to the applicant.

D. Transportation Demand Management. The number of required parking spaces for any project may be reduced by the planning commission based on submittal of a transportation demand management plan submitted by the applicant describing the measures for implementation and quantifying their impacts on parking demand. (Ord. 06-2024 § 2(A), 2024; Ord. 06-2023 § 1(A), 2023; Ord. 2003-02 § 3, 2003).

19.48.060 Accessible parking for individuals with disabilities.

Parking areas shall include parking spaces and parking space access aisles that are accessible to individuals with disabilities in the following manner:

A. Number of Spaces – Design Standards. Accessible parking spaces and accessible parking access aisles for individuals with disabilities shall be provided in compliance with the California Building Code.

B. Reservation of Spaces Required. Disabled access spaces required by this chapter shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use;

C. Upgrading of Markings Required. If amendments to state law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in compliance with the new standards. Upgrading shall be completed by affected property owners within 60 days of being notified in writing by the city of new state standards. (Ord. 06-2023 § 1(A), 2023; Ord. 2003-02 § 3, 2003).

19.48.070 Development standards for parking facilities.

Parking facilities shall be provided in the following manner:

A. Access. Access to off-street parking areas shall be provided in the following manner:

1. Parking areas shall provide suitable maneuvering room so that vehicles enter an abutting street or alley in a forward direction. The review authority may approve exceptions for single-family homes and duplexes, and for nonresidential uses where parking areas immediately adjoin a public alley.

2. A minimum unobstructed clearance height of 14 feet shall be maintained above vehicle lanes.

B. Parking Space and Drive Aisle Dimensions. Parking lots and stalls shall be designed with the following minimum dimensions. No exceptions shall be permitted to these minimum standards except compact spaces shall be allowed.

Angle of Parking

Width (W)

Length (L)

Aisle (A) 2-way

90 degree

9 feet

18 feet

24 feet

60 degree

9 feet

19 feet

20 feet

45 degree

9 feet

18 feet

20 feet

Parallel

8 feet

22 feet

20 feet

1. Increased Width. Parking spaces located adjacent to and parallel to a wall or other solid barrier shall be widened by an additional two feet.

2. Compact Parking Spaces. No exception to parking space dimensions are allowed except for compact spaces that shall measure no less than eight feet in width by 15 feet in length. No parallel compact spaces permitted.

3. Motorcycle Parking Spaces. Shall measure no less than four feet width by eight feet in length.

C. Drainage.

1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels.

2. Parking lots shall be designed in compliance with the storm water quality and quantity standards of the city’s best management practices.

D. Directional Arrows and Signs.

1. Parking spaces, driveways, circulation aisles, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.

2. The city planner may require the installation of the traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.

E. Location. Off-street parking areas shall be located as follows:

1. Required parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to, or within 300 feet of, the use served subject to approval of the commission and the recording of a covenant with the county recorder guaranteeing that the required parking will be maintained exclusively for the use served. The agreement shall be approved by the city attorney and a copy shall be filed with the planning division.

2. Uncovered parking spaces shall be set back from any street a minimum distance of five feet. The setback area shall be fully landscaped.

3. Parking facilities shall be separated from buildings by either a raised walkway, landscape strip, or preferably a combination of both. Situations where parking aisles or spaces directly abut the building are prohibited.

4. Parking for multifamily uses shall be located within 200 feet of the units they are intended to serve.

5. Bicycle spaces shall be situated so that they do not obstruct the flow of pedestrians at entrances or sidewalks.

F. Striping and Identification. Parking spaces shall be clearly outlined with four-inch-wide lines painted on the surface of the parking facility. Every stall designated to accommodate compact cars, motorcycles, handicap or electric vehicle charging shall be clearly marked as such. Parking spaces for the disabled shall be striped and marked according to the applicable state and federal standards.

G. Surfacing. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or other all-weather surfacing in compliance with city standards. Alternative surfaces may be allowed subject to the review and approval of the planning commission.

H. Wheel Stops/Curbing. In parking lots of more than 10 spaces, continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops or a continuous curb with periodic depressions to the level of the adjacent parking surface may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.

I. Electric Vehicle Infrastructure. Electric vehicle infrastructure shall be provided in compliance with the California Green Building Standards Code (Title 24 Regulations) as adopted and amended from time to time under Chapter 14.10 SMC. (Ord. 06-2024 § 2(B), 2024; Ord. 05-2015 § 7, 2015; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.48.080 Development guidelines for parking facilities.

The following guidelines shall be considered by the review authority in the review of discretionary planning applications involving the creation or modification of parking facilities:

A. Access to Adjacent Sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. Where parking facilities on adjoining parcels provide mutual access, a reduction in the number of required parking spaces may be considered in compliance with SMC 19.48.050(B), Shared Use of Parking Facilities. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the city planner.

B. Access for Pedestrians. New commercial or multifamily residential development, or any change of use or expansion of an existing commercial or multifamily development requiring the installation of additional parking, should provide pedestrian access as follows:

1. A minimum of one pedestrian walkway from the nearest public sidewalk through the parking lot to the commercial or residential use(s). Additional walkways should be considered on a case-by-case basis.

2. Walkways should be a minimum of four feet in width, designed to be clearly separate physically (e.g., raised sidewalk) or in appearance (e.g., enhanced paving) from parking or driveway areas, and located in a manner that provides convenient access between the public sidewalk and the use.

3. Pedestrian access should incorporate enhanced paving (e.g., special paving materials), trellis structures, and landscaping.

C. Circulation. Within parking lots, vehicular circulation should be provided for as follows:

1. Parking facilities should be designed with a clear and efficient hierarchy of circulation: major access drives with no parking; circulation drives with little or no parking; and parking aisles for direct access to parking spaces.

2. Parking layouts that necessitate a cul-de-sac or similar type of turning facility for reversing direction of travel in order to exit from the parking area are discouraged. Cul-de-sac, hammer heads, and similar direction-reversing facilities may be approved by the review authority when other alternatives are not feasible. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.48.090 Landscaping of parking facilities.

Landscaping of parking facilities shall be provided and maintained in compliance with the provisions of this section.

A. Amount of Landscaping Required. At a minimum, parking facilities shall provide landscaping in the amounts as set forth in Table 4-5.

Table 4-5. Required Landscaping for Parking Facilities

Parking Facility Size

Percent of Facility
to be Landscaped

1 – 6 spaces

7%

7 or more spaces

12%

B. Landscape Materials. Landscaping materials shall be provided throughout the parking lot area using a combination of trees, shrubs and ground cover. Drought-tolerant landscape materials shall be emphasized, consistent with the city’s low-water use landscaping ordinance.

C. Curbing, Irrigation. Landscaped areas shall be bordered by a concrete curb at least six inches high and shall be provided with an automatic irrigation system. Alternative barrier designs may be approved by the city planner.

D. Bumper Overhang Areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions. Bumper overhang areas shall not encroach over the required width of a sidewalk.

E. Parking Lot Screening. Parking areas adjoining a public street should be designed to provide a five-foot wide landscaped planting strip between the street right-of-way and parking area. The landscaping should be designed and maintained to screen cars from view from the street to a height of 36 inches. Screening materials may include a combination of plant materials, earth berms, wood fences, masonry walls, raised planters, or other screening devices that meet the intent of this requirement. Plant materials, walls, or structures within a traffic safety sight area of a driveway shall not exceed 30 inches in height.

F. Parking Lots Adjacent to Residential Uses. Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard between the parking area and the common property line bordering the residential use. A solid masonry wall or wooden fence and landscaping shall be provided along the property line. Trees shall be provided at a rate of one for each 30 linear feet of landscaped area.

G. Larger Projects. Parking facilities with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, and enhanced paving. Additionally, larger parking facilities should be broken up into a series of small parking lots separated by landscaping and pedestrian walkways.

H. Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the on-site structure(s). All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way. A lighting plan, photometric study, and light fixture information shall be required to show compliance with SMC 19.40.030, Exterior lighting.

I. Shading. All new and substantially remodeled, i.e., 50 percent or more of the parking lot, parking lots shall include tree plantings designed to result in 50 percent shading of parking lot surface areas within 15 years. All projects submitted for building shall include a shade plan. The planting plan may be used as the shade plan provided the trees are drawn to scale at the size indicated on the approved shade list, and shade calculations are included. Plans will not be accepted into the building permit plan check process unless these items are included. Calculations of how these areas meet shade requirements must be shown and all areas and their dimensions used in shading calculations must be shown on the shading and/or landscape planting plan. Exceptions to inclusion in the shading calculation or requiring a shade calculation include:

1. Single-family and duplex residential parking areas;

2. Parking structures;

3. Truck loading areas in front of overhead doors;

4. Truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking;

5. Surfaced areas not to be used for vehicle parking, driving or maneuvering, provided they are made inaccessible to vehicles by a barrier such as bollards, curb, or fencing;

6. Vehicle display, sales, service, and storage areas (parking facilities for these uses are subject to shading requirements);

7. Parking areas under covered stalls and in garages. (Ord. 06-2024 § 2(C), 2024; Ord. 2003-02 § 3, 2003).

19.48.100 Driveways.

Repealed by Ord. 02-2023. (Ord. 2003-02 § 3, 2003).

19.48.110 Bicycle parking requirements.

A. Applicability. Each land use shall provide at least the minimum number of bicycle parking spaces found to be required by this chapter, except where a greater number of spaces is required through approval of a discretionary permit. The minimum number of bicycle parking spaces to be provided for each use shall comply with Table 4-6 and compliance shall be demonstrated in a bike parking plan, subject to approval by the planning commission.

B. Types of Bicycle Parking.

1. Long-term bicycle parking. Long-term bicycle parking provides residents and employees who live or work at a site a secure and weather-protected place to park and store bicycles. Long-term parking may be located in garages or other limited access areas for exclusive use by tenants, residents, and employees. Long-term parking may not be located within an area of a dwelling unit primarily intended to serve a different function (e.g., clothes closet or bathroom).

2. Short-term bicycle parking. Short-term bicycle parking provides shoppers, customers, messengers, and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.

Table 4-6. 

Land Use

Long-Term Bicycle Requirement

Short-Term Bicycle Requirement

Commercial

One space for each 15,000 sq. ft., minimum of two spaces.

One space for each 5,000 sq. ft., minimum of two spaces.

Hotels and motels

One space for every 40 rooms, minimum of two spaces.

One space for every 80 rooms, minimum of two spaces.

Offices, personal services, medical services – clinics, offices, laboratories

One space for each 10,000 sq. ft., minimum of two spaces.

One space for each 20,000 sq. ft., minimum of two spaces.

Mixed Use

One space for each 15,000 sq. ft., minimum of two spaces and

0.5 spaces per bedroom, minimum of two spaces.

One space for each 5,000 sq. ft., minimum of two spaces and

0.05 spaces per bedroom, minimum of two spaces

Multifamily residential

0.5 spaces per bedroom, minimum of two spaces

0.05 spaces per bedroom, minimum of two spaces.

Public facility

One space per 10 employees, minimum of two spaces.

One space per 10,000 sq. ft., minimum of two spaces.

Schools and daycare centers

One space per 20 employees, minimum of two spaces.

One space per 20 students, minimum of two spaces.

Religious facilities and mortuaries, meeting halls, and performance theaters

One space per 20 employees, minimum of two spaces.

Spaces for 2% of maximum attendance.

Extended care (convalescent hospitals, nursing homes, and residential care homes)

Two spaces.

Two spaces.

Hospitals

One space per 20 employees or per 70,000 sq. ft., minimum of two spaces.

One space for each 20,000 sq. ft., minimum of two spaces.

(Ord. 06-2023 § 1(B), 2023; Ord. 2003-02 § 3, 2003).

19.48.120 Loading space requirements.

A. Number of Loading Spaces Required. Loading spaces shall be provided and maintained in compliance with Table 4-7 for retail and wholesale markets, warehouses, hotels, hospitals, laundry and dry cleaning establishments, and other places where large amounts of goods are received or shipped.

Table 4-7. Loading Requirements

Gross Floor Area

Loading Spaces Required

0 – 9,999 square feet

0

10,000 – 39,999 square feet

1

Each additional 40,000 square feet

1

B. Standards for Loading Areas. Off-street loading areas shall be provided in the following manner:

1. Dimensions. Loading spaces shall be a minimum of 12 feet in width, 40 feet in length, with 14 feet of vertical clearance;

2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting sources shall be shielded to prevent light spill beyond the property line. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structure(s);

3. Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances;

4. Location. Loading spaces shall be located and designed as follows:

a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;

b. Situated to ensure that the loading facility is screened from adjacent streets to the greatest degree possible;

c. Situated to ensure that loading and unloading takes place on site and in no case within adjacent public rights-of-way or other on-site traffic circulation areas;

d. Situated to ensure that vehicular maneuvers occur on site; and

e. Situated to avoid adverse impacts upon neighboring residential properties;

5. Screening. Loading areas shall be screened from abutting parcels and streets with dense landscaping or solid walls or fences with a minimum height of six feet; and

6. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for “loading only.” The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. (Ord. 06-2023 § 1(B), 2023; Ord. 2003-02 § 3, 2003).

19.50.010 Purpose and applicability.

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

B. Applicability.

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

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

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

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

19.50.020 Agricultural structures.

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

A. Required Setbacks.

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

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

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

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

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

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

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

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

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

a. Not be located closer than 30 feet to:

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

ii. A dwelling on the same parcel;

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

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

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

a. To the rear of all front setbacks;

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

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

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

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

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

G. Sale of Agricultural Products.

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

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

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

19.50.030 Bed and breakfast inns.

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

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

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

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

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

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

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

6. Provision of Meals.

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

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

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

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

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

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

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

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

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

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

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

C. Design and Character Compatibility.

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

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

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

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

19.50.032 Cannabis activities.

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

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

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

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

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

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

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

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

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

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

9. Medical cannabis shall only be cultivated by:

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

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

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

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

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

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

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

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

16. If cultivation occurs in a fully enclosed and secure structure, a portable fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the fully enclosed and secure structure. If cultivation occurs in a residence, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.50.033 Emergency shelters.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.50.035 Formula businesses.

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

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

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

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

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

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

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

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

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

19.50.040 Home occupations.

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

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

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

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

3. Exterior Appearance.

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Administrative Occupation Permit Procedures.

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

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

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

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

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

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

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

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

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

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

1. Use of an accessory structure;

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

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

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

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

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

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

G. Terms of the Home Occupation Permit.

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

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

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

I. Prohibited Home Occupations.

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

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

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

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

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

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

a. Adult businesses;

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

c. Dance or night clubs and music venues;

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

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

f. Mini self-storage;

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

h. Welding and machining; and

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

19.50.050 Live/work units.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

F. Prohibited Uses.

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

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

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

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

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

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

a. Adult businesses;

b. Animal hospitals;

c. Classroom instruction;

d. Dance or night clubs and music venues;

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

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

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

h. Vacation rentals;

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

19.50.060 Outdoor dining, display, and sales standards.

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

A. Outdoor Dining and Seating Areas. Outdoor dining and seating area(s) shall be allowed in conjunction with legally established restaurants, wine tasting facilities, wine bars, or tap rooms and other food service uses, in compliance with the following standards:

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

a. Duly licensed by the State Department of Alcoholic Beverages Control to serve alcoholic beverages in the outdoor dining area;

b. Clearly and physically defined separate from pedestrian and vehicle traffic. The area shall be clearly a part of the business it serves; and

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

2. Clean-Up. Outdoor dining area(s) shall be cleaned on a continual basis for removal of litter and food items that constitute a nuisance to public health and safety.

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

a. Outdoor seating areas shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the seating area. A minimum four-foot clear area of sidewalk between the seating area and any curb or obstruction shall be provided:

b. All outdoor seating furniture, including tables, chairs, planters and umbrellas, shall be moveable. Umbrellas must be secured with a minimum base of not less than 60 pounds and shall have a minimum vertical clearance of seven feet:

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

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

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

4. Permit Required. Outdoor dining and seating on a public right-of-way as an accessory use to an eating or drinking establishment shall require a sidewalk seating permit pursuant to Chapter 12.06 SMC. Outdoor dining as an accessory use on private property shall require a use permit in accordance with Chapter 19.54 SMC.

B. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of a temporary use permit, in compliance with SMC 19.54.030 and the following standards. If merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the public works department in accordance with Chapter 12.20 SMC. A temporary use permit or encroachment permit may include conditions that address any pertinent factors affecting the operation of the temporary use, and may include the following:

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

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

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

4. Setbacks. Provision of appropriate setbacks to ensure separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the community development director;

5. Public Right-of-Way. Outdoor displays and sales in the public right-of-way shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the display or sales area. A minimum four-foot clear area of sidewalk between the area and any curb or obstruction shall be provided;

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

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

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

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

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

C. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise may be allowed subject to the approval of a conditional use permit in compliance with SMC 19.54.040, and shall comply with the following standards. If merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the public works department in accordance with Chapter 12.20 SMC. A conditional use permit or encroachment permit may include conditions that address any pertinent factors affecting the operation of the conditional use, and may include the following:

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

2. Location. Outdoor display/sale area(s) shall be located entirely on private property, unless allowed pursuant to a duly issued encroachment permit under Chapter 12.20 SMC.

3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic.

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

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

6. Public Right-of-Way. Outdoor displays and sales in the public right-of-way shall only be allowed where there is adequate room to accommodate both normal pedestrian and handicapped traffic and the display or sales area. A minimum four-foot clear area of sidewalk between the area and any curb or obstruction shall be provided. If the merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the public works department in accordance with Chapter 12.20 SMC. (Ord. 05-2024 § 2(B), 2024; Ord. 01-2011 § 3, 2011; Ord. 2003-02 § 3, 2003).

19.50.070 Produce stands.

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

A. Accessory Use.

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

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

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

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

19.50.080 Residential accessory uses and structures.

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

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

B. Attached Accessory Structures.

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

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

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

C. Detached Accessory Structures.

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

2. Side and Rear Setbacks.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Amusements or hobbies;

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

c. Maintenance of the main structure or yards;

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

e. Other purposes deemed similar by the city planner.

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

19.50.090 Accessory dwelling units.

Repealed by Ord. 04-2023. (Ord. 01-2021 § 1(3), 2021; Ord. 01-2017 § 3 (Exh. C), 2017).

19.50.100 Service stations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. Pump Islands.

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

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

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

12. Canopies.

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

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

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

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

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

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

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

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

14. Exterior Lighting.

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

b. Lighting shall not:

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

ii. Be used as an advertising element; or

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

15. Service Bays.

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

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

16. Peripheral Wall.

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

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

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

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

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

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

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

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

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

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

3. Vehicle Parking.

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

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

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

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

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

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

6. Masonry Wall.

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

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

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

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

7. Site Maintenance.

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

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

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

8. Public Service Facilities. All service stations:

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

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

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

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

11. Oil Collection Centers. All service stations shall:

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

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

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

d. Recycle all oil collected and make every effort to recycle the returned containers and other used petroleum product liquids. (Ord. 10-2025 § 2 (Exh. A), 2025; Ord. 06-2013 § 3, 2013; amended during June 2011 supplement; Ord. 2003-02 § 3, 2003).

19.50.110 Vacation rentals.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.50.120 Wine tasting facilities and wine bars.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.50.130 Tap rooms.

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

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

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

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

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

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

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

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

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

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

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

19.50.140 Time-shares.

This section sets forth requirements for the establishment and operation of time-share uses.

A. Definitions.

1. Accommodation” means any dwelling unit, multifamily dwelling, apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities therein that is designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals.

2. Management entity” means the person who undertakes the duties, responsibilities, and obligations of the management of a time-share plan.

3. Owner” means owner of a time-share interest.

4. Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

5. Time-share instrument” means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.

6. Time-share interest” means and includes either of the following:

a. The right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, coupled with a freehold estate or an estate for years with a future interest in a time-share property or a specified portion thereof.

b. The right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, which right is neither coupled with a freehold interest, nor coupled with an estate for years with a future interest, in a time-share property or a specified portion thereof.

7. Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, sale, lease, deed, license, right to use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

8. Time-share property” means one or more accommodations subject to the same time-share instrument, together with any other property or rights to property appurtenant to those accommodations.

9. Time-share use” and “fractional interest use” mean the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.

B. Permitted Zones. None. Time-share uses and fractional interest uses are prohibited throughout the city of Sonoma.

C. Violations, Enforcement and Civil Penalties.

1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.12 SMC (General Penalty).

2. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this section is subject to administrative fines and/or penalties as set forth in Chapter 1.28 SMC (Administrative Citation).

3. Time-share use, fractional interest use and/or advertisement for time-share use and/or fractional ownership use, of an accommodation in violation of this section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance and may be abated pursuant to Chapters 1.12 (General Penalty), 1.30 (Administrative Notice and Order Proceedings), and 9.56 (Noise) SMC, and any other relevant provision of this code as it may be amended from time to time.

4. Each day a violation of this chapter occurs shall constitute a separate offense.

5. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity. (Ord. 07-2022 § 3(B), 2022; Ord. 01-2022 § 3, 2022).

19.51.010 Purpose.

The purpose of the public art ordinance is to authorize, fund, and establish procedures for artworks in the public realm within the city of Sonoma. It seeks to guarantee the development of public artwork as a whole in the city, ensuring a closer relationship between the landscape, buildings, community, and art. The chapter establishes a process for the community to work with artists, city officials, and other stakeholders to make Sonoma an even more interesting, memorable, and beautiful place to live, work, visit, and engage with art.

The public art program seeks to:

A. Contribute to the city’s civic pride and sense of identity, and enhance its physical and aesthetic environment;

B. Augment Sonoma’s reputation as a city that celebrates the arts, supporting the integration of art into public spaces as part of urban beautification and cultural enrichment;

C. Enrich the lives of Sonoma residents and visitors by incorporating both permanent and temporary visual arts into public spaces, expanding the public’s understanding of art and encouraging site-specific works that engage the surrounding environment;

D. Encourage collaboration between artists, landscape architects, urban planners, architects, engineers, and other designers to foster creative, multidisciplinary approaches to public art;

E. Integrate the work and thinking of artists into the planning, design, and construction of city facilities, buildings, and public spaces, ensuring that public art contributes to the overall aesthetics and functional design of these spaces;

F. Engage the residents of Sonoma in creative partnerships with artists, fostering community involvement in public art initiatives;

G. Provide curatorial expertise and project management for the acquisition, installation, and ongoing maintenance of public artworks in Sonoma;

H. Foster the growth of both temporary and permanent public artworks, ensuring that temporary installations contribute to the city’s cultural vibrancy and create opportunities for artists;

I. Support Sonoma’s vision of becoming an art destination by promoting public art that reflects the city’s history, cultural diversity, and creative spirit, and in the future, potentially aligning with the goals and guidelines that may be outlined in a public art master plan, if developed. (Ord. 02-2025 § 1, 2025; Ord. 04-2009 § 1, 2009).

19.51.020 Definitions.

Permanent installation” means artwork or art placed at a site, intended to remain at that site for at least 20 years.

Public art fund” means a fund within the city of Sonoma budget into which all monetary contributions for public artwork shall be deposited.

Public art master plan” means a strategic document developed by a city, municipality, or organization to guide the vision, planning, implementation, and management of public art within a community.

Public art policy and guidelines” means the regulations adopted by the cultural and fine arts commission and approved by the city council which establish procedures to carry out the purpose of this chapter. The public art policy and guidelines shall include but not be limited to criteria for the selection of artists and artwork, procedures for the maintenance of a file of interested artists, procedures for artistic competitions, and requirements for the maintenance of works of art. The cultural and fine arts commission may amend the guidelines from time to time with the approval of the city council.

Public artwork” involves visual artists working through the public art process creating original works in public spaces that include, but are not limited to, paintings, murals, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carving, frescos, mosaics, mobiles, photographs, drawings, collages, prints, crafts or other decorative and utilitarian works in clay, fiber, wood, metal, plastics, and other materials. Public artwork includes media works such as film, video, photo projections, and computer-generated artworks. Works of art may be temporary as well as permanent. Public artwork projects also include artists serving on design and development teams to identify opportunities to incorporate art in the public space.

Public development projectshall include, but is not limited to, the construction or remodel of any city-owned building, structure, park, utility, street, sidewalk, or parking facility, or any portion thereof, within the limits of the city of Sonoma.

Public space” means any place or property within the city limits which is open to the general public for its use, or which is in public view, or is generally accessible and visible to the public.

Temporary installation” means artwork or art placed at a site for a limited time period, typically less than twenty (20) years, after which it is removed, replaced, or allowed to degrade, according to an agreed-upon schedule. (Ord. 02-2025 § 1, 2025; Ord. 04-2009 § 1, 2009).

19.51.030 Funding.

A. Establish a Public Art Fund. The city shall establish a special revenue fund designated as the “public art fund” for the deposit of gifts, bequests to the city for public artwork, and other funds for works of art in accordance with the public art program. The public art fund is used exclusively as a means of isolating and identifying all monetary transactions pertaining to the city public art program. Appropriation of funds to support the public art program shall be made to the public art fund, consistent with the city’s budget cycle, capital improvement plan, and major capital projects identified by the city council.

B. Public Development Projects. All public, city-owned development projects with total building permit valuation costs in excess of $250,000 shall devote an amount equal to one percent of such costs for the acquisition of works of art for placement in the city. For public projects with federal and/or state match requirements or grant-funded projects, the one percent shall only apply to the city’s portion of the project funding.

C. Annual City Allocation. An amount equal to one-quarter-of-one percent of the city of Sonoma’s budgeted general fund expenditures shall be appropriated annually to the city’s public art fund, provided that said appropriation shall be capped at $25,000 per fiscal year. The city council reserves the right, in its sole discretion, to waive or reduce the annual allocation if the city’s financial situation does not allow for the funding to be set aside. The city council shall adopt such a waiver or reduction by adopting a resolution setting forth the findings for the waiver. (Ord. 02-2025 § 1, 2025; Ord. 04-2009 § 1, 2009).

19.51.040 Cultural and fine arts commission responsibilities.

The Sonoma cultural and fine arts commission shall:

A. Oversee the city of Sonoma’s public art program and provide recommendations for strategies for implementing the public art program and expenditure of public art funds to the city council.

B. Advise the city council on establishing, shaping and refining public art policy and guidelines for the city.

C. Recommend to the city council the acceptance or rejection of gifts or loans of public artworks.

D. Review and make recommendations on public art proposals and the selection of artists for public art projects to the city council.

E. Collaborate with city staff on the development and implementation of the overall public art strategy.

F. Review and make recommendations to the city council on the design, execution, placement, and maintenance of public art installations, including but not limited to the identification of sites for exterior public artwork.

G. Advise on financial assistance, external funding sources, and support for public art initiatives.

H. Review project budgets to ensure financial accountability and sustainability for public art projects.

I. Provide reports to the city council on the accomplishments, needs, and impact of the public art program annually or at such other intervals as deemed necessary by the city council.

J. Perform other duties as assigned by the city council and/or city manager. (Ord. 02-2025 § 1, 2025; Ord. 04-2009 § 1, 2009).

19.51.050 Application.

This chapter shall apply to any public development project and public art installation, including both permanent and temporary artworks, as of the date the ordinance codified in this chapter takes effect. (Ord. 02-2025 § 1, 2025; Ord. 04-2009 § 2, 2009).